Loading...
Planning Commission Minutes 10-01-2013MINUTES MONTICELLO PLANNING COMMISSION Tuesday, October 1, 2013 6:00 p.m. — Mississippi Room, Monticello Community Center Present: Bill Spartz, Brad Fyle, Charlotte Gabler, Grant Sala Absent: Sam Burvee Others: Angela Schumann, Ron Hackenmueller, Steve Grittman, Lloyd Hilgart, Andy Brandel, Andrew Mack 1. Call to order Bill Spartz called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes The September 3, 2013 regular meeting minutes were not available for consideration. 3. Citizen Comments None 4. Consideration of adding items to the agenda • Fleet Farm (Charlotte Gabler) Spartz noted that the agenda had been updated to include an item 8 entitled Planning Commission/City Council Workshop — R -4 District. 5. Public Hearing — Consideration of a request for Variance to reauired side vard setback in the R -1 District, Mississippi Wild and Scenic Recreational River Overlay District and a request for Conditional Use Permit for detached Major Accessory Structure. Applicant: Charles Waiters, Planning Case Number: 2013 — 032, P ID #: 155015007020 Steve Grittman summarized that the applicant had requested a Variance and a Conditional Use Permit (CUP) to allow for construction of a house with attached and detached garages on property at 413 East River Street. Although the R -1 District allows residential single family development, a Variance is required because the parcel does not meet the 30 -foot side yard lot line setback requirement for properties within the Mississippi Wild and Scenic Recreational River (MWSRR) Overlay District. A CUP is required because the request exceeds the 1,200 square foot maximum area allowable for accessory buildings. Grittman indicated that these requests meet the criteria for approval based on zoning requirements specified in Section 2.4(C)(4)(a) Variances, Section 2.4(13)(4)(a) Conditional Use Permits and Section 5.3(1))(3)(a)(i) Accessory Use Standards. Planning Commission Minutes: 10/01/13 The request for Variance meets criteria for approval based on findings that the circumstances rendering the property unusable are a legally non - conforming condition unique to the riverside property, and the property would not be put to a reasonable use if the ordinance were to be strictly applied. The request for CUP meets criteria for approval based on findings that property values would not diminish, the development of surrounding property would not be impeded and that no unnecessary impact to natural features would result. The request also meets conditions in the CUP which allow an accessory building area to be increased to a maximum of 1,500 square feet based on findings that the parcel is of adequate size, that the structure would be consistent with the architecture of adjacent homes and that the space is to be used solely for the storage of residential personal property. Charlotte Gabler asked about tree preservation. Grittman noted that two large oaks would be replaced on the property. . Bill Spartz asked if a shed would also be allowed on the property. Angela Schumann read an excerpt from the code to obtain clarification. Grittman replied that a shed would also be an allowed use. Spartz opened the public hearing. Ruth Sparks of 400 East River Street expressed concern about the size of the proposed structure and asked about setbacks. Grittman stated that the main structure required a ten foot setback, the detached structure required a six foot setback and that a ten foot interior side yard building setback had been proposed on the west side of the property and a 27.5 foot setback had been proposed on the east side of the property. Property owners Charles Walters and Marcia Heigel said that they planned to build a home similar to those along River Street. Hearing no further comment, the public hearing was closed. Decision 1: Adopting Resolution No. 2013- 080 approving a Variance from the minimum 30 foot side yard setback requirement in the Wild and Scenic Recreational River Overlay District, as requested at 413 East River Street CHARLOTTE GABLER MOVED TO ADOPT RESOLUTION 2013 - 080 APPROVING A VARIANCE FROM THE MINIMUM 30 FOOT SIDE YARD SETBACK REQUIREMENT IN THE MISSISSIPPI WILD AND SCENIC RECREATIONAL RIVER ( MWSRR) OVERLAY DISTRICT, AS PROPOSED IN THE APPLICATION OF SEPTEMBER 10, 2013, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH BRAD FYLE VOTING IN OPPOSITION BASED ON THE LOCATION OF THE PROPERTY IN THE MWSRR OVERLAY DISTRICT. 2 Planning Commission Minutes: 10/01/13 Decision 2: Adopting Resolution No. 2013 -081 recommending approval of a Conditional Use Permit to allow attached and detached garages exceeding 1,200 square feet in area, (a total of 1,390 square feet) as requested at 413 East River Street CHARLOTTE GABLER MOVED TO ADOPT RESOLUTION 2013 - 081 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW ATTACHED AND DETACHED GARAGES EXCEEDING 1,200 SQUARE FEET IN AREA, AS PROPOSED IN THE APPLICATION OF SEPTEMBER 10, 2013, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. GRANT SALA SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH BRAD FYLE VOTING IN OPPOSITION BASED ON THE LOCATION OF THE PROPERTY IN THE MWSRR OVERLAY DISTRICT. Exhibit Z — Conditions of Approval 413 East River Street Variance from 30 foot Side Yard Setback Requirement Conditional Use Permit for Garage /Accessory Building Space Exceeding 1,200 Square Feet in Floor Area 1. The garages will be used solely for the parking of residential vehicles, or the storage of materials and equipment accessory to the principal residential use of the property, and no commercial or home - occupation use will be conducted in said accessory buildings. 2. The detached garage will be constructed of materials that match and/or are complementary to those used for the principal building. 3. The applicant shall comply with all other site requirements of the Wild and Scenic Recreational River Overlay District. 4. The applicant shall comply with all drainage and erosion control measures necessary to ensure protection of the area during construction. As the Board of Zoning Appeals, the Planning Commission is the City's final authority in variance decisions. The CUP request will be considered by City Council as part of the October 14th Council agenda. 6. Public Hearing — Consideration to approve a Conditional Use Permit for a detached Maior Accessory Structure in an R -1 (Single - Family) District Applicant: Eiden, Karl, Planning Case Number: 2013 -033, PID #: 155061002110 The applicant had requested a Conditional Use Permit (CUP) to allow for construction of a detached accessory structure in the rear yard of the property located at 9601 Gillard Avenue NE. A CUP is required because the request exceeds the 1,200 square foot Planning Commission Minutes: 10/01/13 maximum area allowable for accessory buildings. The request meets criteria for approval as specified in Section 2.4(D)(4)(a) Conditional Use Permits of the zoning ordinance based on findings that property values would not diminish, the development of surrounding property would not be impeded, and that no unnecessary impact to natural features would result. The request also meets required conditions specified in Section 5.3(D)(3)(a)(i) Accessory Use Standards. These conditions allow that the size of an accessory building area be increased to a maximum of 1,500 square feet based on findings that the parcel is of adequate size , that the structure is consistent with the architecture of adjacent homes and that the space is to be used solely for the storage of residential personal property. Bill Spartz opened the public hearing. Karl Eiden clarified that there would not be a driveway to the back of the property because the garage was not meant for vehicle storage. As there were no further comments, the public hearing was closed. BRAD FYLE MOVED TO ADOPT RESOLUTION 2013 -079, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR MAJOR ACCESSORY STRUCTURE, WITH CONDITIONS AS NOTED IN EXHIBIT Z. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z — Conditions of Approval Lot 11, Block 2, Sandberg East - Major Accessory Structure CUP The use of the accessory structure shall be to directly serve the principal use and must comply with ordinance requirements pertaining to private garages. The proposed detached structure match the existing principal structure roofline and building materials. Issues related to grading and drainage shall be subject to review and comment by the City Engineer. This item will be considered by City Council as part of the consent agenda at the October 14'h Council meeting. 7. Public Hearing — Consideration of a request for Preliminary and Final Plat and Conditional Use Permit for Shared Access for a retail commercial use in a B -4 (Regional Business) District. Applicant: ALDI, Inc. Applicant: ALDI, Planning Case Number: 2013 — 034, PID #: 155098000020 Steve Grittman summarized that Aldi, Inc. had submitted an application to construct a 4 Planning Commission Minutes: 10/01/13 grocery store on a commercial parcel within the B -4 Regional Business zoning district located east of Highway 25 at the intersection of School Boulevard and Cedar Street. The proposal subdivides the southwest corner of existini Outlot B into a new two acre parcel renamed Lot 1 of the Monticello Business Center 7 Addition. The applicant had submitted site and building plans, and requested Preliminary and Final Plat approval, site plan review, and a Conditional Use Permit to allow for shared parking and cross access. Upon plat review, staff determined that the proposed development met ordinance requirements related to lots, streets and alleys, drainage and utility and pedestrian easements, erosion and sediment control, drainage, steep slopes, wetland systems, open space and landscaping. The stormwater movement plan will be revised to reflect the Engineer's recommendation to develop an infiltration basin as a condition of approval. As part of the site plan review, staff determined that the proposed development met requirements related to B -4 Regional Business Districts, rooftop screening, exterior lighting, signs, building materials and off - street parking and loading. The landscaping and screening plan will be revised to include a non - invasive shrub species as a condition of approval. The request meets criteria for approval based on zoning ordinance requirements specified in Section 2.4(D)(4)(a) Conditional Use Permit in that it would positively impact property values, add to the local tax base, meet planned land use objectives and encourage further development, utilize existing utilities, provide substantial parking and include sufficient erosion control. The request also meets required conditions to allow for cross access and shared parking per code Section 4.8(G)(2)(a) Access and Curbing for Commercial Uses. These conditions include island and landscaping, vehicular use area setbacks, curb cut access setbacks, access design, and a shared parking/access and maintenance agreement. Staff recommended approval of the preliminary and final plats based on the finding that the design of Lot 1 would adhere to Subdivision Ordinance standards for a new plat. Staff also recommended approval of the Conditional Use Permit to allow cross access and shared parking between the ALDI site (Lot 1) and Outlot A to the east. Approval would be based on conditions as noted in Exhibit Z. Bill Spartz opened the public hearing. Aldi representatives Andy Brandel and Andrew Mack responded to questions related to site and building plans. Mack indicated a preference to maintain the standard Aldi building design as modifications create operational issues within the store footprint. Cart corrals are enclosed within the building. He also stated that there were no plans for directional signage in the future. Planning Commission Minutes: 10/01/13 Hearing no further comment, the public hearing was closed. Decision 1: Adopting Resolution No. 2013 -082 recommending approval of the preliminary and final plat for Lot 1 and Outlot A of The Monticello Business Center 7th Addition, as requested for the southwest portion of existing Outlot B of the Monticello Business Center. CHARLOTTE GABLER MOVED TO ADOPT RESOLUTION 2013 - 082 RECOMMENDING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR LOT 1 AND OUTLOT A OF THE MONTICELLO BUSINESS CENTER 7 T ADDITION, AS PROPOSED IN THE APPLICATION OF SEPTEMBER 10, 2013, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. (Bill Spartz did not vote citing a conflict of interest.) Decision 2: Adopting Resolution No. 2013 -083 recommending approval of a Conditional Use Permit to allow cross access and shared parking between the proposed ALDI site (Lot 1) and Outlot A of the Monticello Business Center 7th Addition. CHARLOTTE GABLER MOVED TO ADOPT RESOLUTION 2013 - 083 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW CROSS ACCESS AND SHARED PARKING BETWEEN THE ALDI SITE (LOT 1) AND OUTLOT A TO THE EAST, AS PROPOSED IN THE APPLICATION OF SEPTEMBER 10, 2013, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. (Bill Spartz did not vote citing a conflict of interest.) Exhibit Z - Recommended Conditions of Approval Preliminary & Final Plat & Conditional Use Permit for Cross Parking & Shared Access ALDI Grocery (Lot 1, Block 1, Monticello Business Center 7th Addition) 1) The applicant complies with the terms of the City Engineer's report, dated September 24, 2013. 2) The applicant revise the landscaping plan so that the proposed Euonymous fortunei shrub is replaced with an alternative shrub species, as this species can be invasive. Attractive shrub alternatives include Diervilla lonicera (Dwarf Bush Honeysuckle) and/or Rhus aromatic (Gro -Low Fragrant Sumac). 3) The applicant provide a properly drawn legal instrument executed by the parties concerned for joint use of off - street parking facilities, duly approved as to form and manner of execution by the City Attorney, to be filed with the City Z Planning Commission Minutes: 10/01/13 Administrator and recorded with the County Recorder of Wright County. The City Council will consider this item as part of the October 28th Council agenda. 8. Plannins Commission/City Council Workshop — R -4 District Several planning commissioners requested an opportunity to further consider R -4 zoning and land use objectives related to move up housing as a result of the Council decision to deny a request to amend the Comprehensive Plan to change the land use designation and amend zoning for Lot 1, Block 2, Riverview Square. Staff will schedule a joint City Council /Planning Commission workshop immediately prior to an upcoming Council meeting to discuss these issues. 9. Community Development Director's Report Land Use Decision — Commissioners received a copy of correspondence from Monticello resident Mark Storry related to recent Riverview Square decisions. Market Matching Economic Development Services — WSB's John Uphoff provided the EDA and City Council a progress report on the Market Matching effort. Upcoming Workshops — Staff plan to schedule a workshop to review the planning application process as well as a joint meeting with the Parks Commission to discuss potential uses for the Monte Club Hill property. 10. Items Added to the Agenda • Fleet Farm — The two -year extension to the Mills Fleet Farm Conditional Use Permit for Planned Unit Development is due to expire in June 2014. Fleet Farm representatives had not yet reported plans beyond that date. 11. Adjournment BRAD FYLE MOVED TO ADJOURN THE MEETING AT 6:55 PM. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Kerry Bum Approved: Dec Attest: Angela �ckiuxfaXn, Community Development Director 7