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Planning Commission Minutes 12-05-2006Minutes of the regular meeting Monticello Planning Commission 40 December 5, 200S 1. Chairman Dragsten opened the meeting at 6:00 pm. Dragsten welcomed new Commissioners Charlotte Gabler and Barry Voight, and thanked recently resigned member Sandy Suchy for her service on the Planning Commission. All members were in attendance: Dragsten, Hilgart, Spartz, Gabler, and Voight. All in attendance: Community Development Director Jeff O'Neill, Consulting City Planner Steve Grittman, Consulting City Planner Kimberly Holien, Building Official Gary Anderson. 2. Minutes of November 6, 2006 Planning Commission meeting. Spartz moved to approve minutes of November Planning commission meeting. Hilgart seconded. Motion approved unanimously. 3. Agenda. No members added any items to the agenda. Chair Dragsten indicated that the Commission would take item Number 8 — River Street Zoning Amendment prior to item Number 5. 4. Citizens' Comments. There were no Citizens' Comments. 5. Public Hearing. Zoning Ordinance Amendment to amend setback averaging in the R- 1 Zoning District and creation of a River Street overlav district. Applicant: City of Monticello. City Planner Grittman introduced the item to the Planning Commission, and explained the impact of the existing ordinance. Grittman explained the alternative options available to the Planning Commission, and indicated that staff recommended elimination of the setback averaging regulations. Staff further recommended that if the City wanted to maintain a greater building setback along River Street, where deep setbacks were common, the City should adopt such a setback by an overlay zoning district, rather than utilizing the averaging technique. Commissioner Voight clarified the application of the existing ordinance. Commissioner Hilgart clarified that the River Street area was the primary area where deeper setbacks were common, and newer subdivisions did not generally have this issue. Commissioner Spartz asked about an existing home that violates the averaging setback. Grittman indicated that the amendments proposed tonight, including the overlay district, would not change the legal -nonconforming status of that home, but if the setback rule is changed to the standard 30 feet, the house in question would be conforming. Chair Dragsten clarified that houses may be built according to the setback, or farther back from the front, but not less. Dragsten further noted that existing homes could be re -built according to the prevailing setback, even it is currently nonconforming. Hilgart asked about adding a house behind an existing home on a large lot. Grittman responded that without a variance for a flag lot, this situation could not occur unless the property owner had additional frontage. Dragsten opened the public hearing. Nobody was present to speak on this question. Dragsten closed the public hearing. The commission discussed the options for amending the ordinance, and how those options would affect setbacks in various areas, including the River Street area. Grittman notified the Commission that tonight's hearing was to consider potential amendments to the ordinance, and that any rezoning (including the overlay) would be considered at a separate hearing to apply to a specific location. Motion by Voight to amend the ordinance to eliminate lot averaging, but not create an overlay district. Seconded by Gabler. Motion carried unanimously. 6. Public Hearing. Preliminary and Final Plat, a 3-unit single family plat. Applicant: Thomas Parker. Planner Grittman introduced the proposed plat to the Commission. Grittman indicated that the plat includes two existing single family homes, and a third lot would be created between the two homes to create a new building parcel. Grittman further indicated that all three lots would meet the City's R- I zoning requirements of 80 feet of width at the building setback line. Grittman noted that the existing parking pad would be reconstructed to meet the required parking setback. Grittman also indicated that the existing building setback on the east property line would not be affected by the proposed plat. Staff is recommending approval of the proposed plat based on the finding that the plat meets the applicable requirements of the subdivision and zoning ordinances. Grittman noted that the applicant will have some street re -construction requirements as a result of hooking up utilities to the new home. Commissioner Gabler asked who would be paying for the street re -construction. Grittman indicated that these would be costs that are borne by the developer. Dragsten asked about the jog in the lot line, and whether there was an alternative to this arrangement. Grittman indicated that the purpose of the jog was to allow the driveway to remain in place without removal of existing trees. Voight asked about a rear -yard lot line jog. Grittman indicated that the purpose of the rear lot line jog was to eliminate remnant parcels that would be inaccessible if the lot lines were kept straight. Grittman clarified that straight lot lines are the overwhelming preference, but that unique conditions exist on this plat that persuaded staff to recommend approval of the altered lot lines. Chair Dragsten opened the public hearing. Tom Parker, 1125 W. River Street, Monticello spoke as the applicant. Dragsten confirmed with Mr. Parker that he was aware of the City Engineer's recommendations. Mr. Parker indicated that he plans to build a house on the new lot that he would live in. Dragsten asked about the location of the tree that is interfering with the lot line in front. Mr. Parker indicated that the tree is about 4 feet from the driveway. Dragsten reiterated his interest in ensuring that the new home would be consistent in size with those in the neighborhood. 0 Commissioner Voight asked about the house size, which is required to be 2,000 square feet finishable, with 1,050 finished square footage at the time of occupancy. Planning consultant Holien indicated that the zoning ordinance only requires the 1,050 square feet, and that a plat condition requiring a larger home would not be appropriate. Mr. Parker indicated that he is likely to be building a larger home than the minimum. Commissioner Gabler asked about a requirement for architectural review. Dragsten indicated that as an R-1 lot, the City could not add additional building conditions. Councilmember Posusta indicated that other Councilmembers had heard concerns about this proposal and the potential building size, and was concerned that the Council may not approve the request as a result. Dragsten indicated that since the proposal meets all of the zoning requirements, he felt the Planning Commission would need to approve the request. Mr. Parker indicated that other single family homes have been approved. The Commission clarified that contrary to some neighbor concerns, the proposal was for three single family lots, not a triplex. Dave Broulliard of 1128 West River Street, Monticello, indicated that the notice received by the neighbors seemed to indicate a three -unit multiple family building, but that the single family proposal was not objectionable. He further indicated that a house that was too large could look out of place in the neighborhood. With no other public comment, Dragsten closed the public hearing. Dragsten reiterated his interest in seeing the lot line be straightened. Hilgart moved to approve the Preliminary and Final Plats, based on the finding that the plat meets the zoning requirements, with the lot lines as proposed to preserve the trees. Motion seconded by Commissioner Spartz. Motion passed unanimously. 7. Extension of an Interim Use Permit for an existing facilitv for open and outdoor sales in a B-3 District. Applicant: Jacobs Holdings. Consulting Planner Holien presented the request to the Commission. Holien indicated that the plan was originally approved in June, 2004 for a term of 30 months. The permit was approved with the option for a possible extension of an additional 30 months. Holien indicated that the current automobile dealership was allowed under the Interim Use Permit to occupy the site without making the required improvements to either the site or the buildings. Holien indicated that several requirements are identified in the Planner's report and Engineer's report for additions to the site plans for this permit. Staff is recommending approval of the extension of the Interim Use Permit, subject to a condition that by the end of the 30 month extension period, the applicant will apply to make the required improvements, or vacate the site. The Commission reviewed both site plans and photographs of the site. The applicant was not present during this discussion. The Chair tabled action on this motion to a later point in the meeting to allow the applicant to arrive at the meeting. 8. Development State Planned Unit Development for exuansion of St. Benedicts Senior Community. Applicant: St. Benedicts Senior Communities. Planning consultant _ Holien introduced the proposed plan to the Commission, identifying the location of expansions to the assisted living space, chapel, as well as parking, pathway, grading and other site improvements to support the expansion. Holien explained that the expansion will increase the number of units from 122 to a total of 156 units. The expansion is consistent with the existing PUD setback standards, and meets the parking requirement, with the understanding that some of the parking supply is shown as "proof of parking" to be developed in the future if necessary. Holien further explained that the applicant's plans show a net increase in landscaping quantities with this project, and that the project would retain the existing private easement access drive to 7thStreet across the St. Henry's property. Holien noted that despite the higher lighting intensity readings, the plan was acceptable due to the low - profile bollard fixtures being used. Staff recommended approval of the expansion, based on a finding that the plan is consistent with the requirements made of the original Planned Unit Development. Commissioner Gabler asked about County or State approvals. Mina Adsit, the project architect, answered that the assisted living project did not fall under the Department of Health rules. Chair Dragsten asked about impervious surface regulations. Holien indicated that the PZM District does not have specific impervious surface standards. Holien clarified that the City Engineer and the City's Engineering Consultant had reviewed the plans with the applicant. Dragsten opened the public hearing. Sandy Haggerty, director of St. Benedicts Senior Community indicated that they were expanding due to a great need for memory care. Haggerty further stated that they have not have a specific master plan for other expansions, and that this project is likely to have maximized the use of the property. Commissioner Spartz pointed out the City Engineer's recommendations in the staff report. Ms. Haggerty indicated that she was aware of those requirements. Dragsten closed the public hearing. Spartz made a motion to approve the PUD for an expansion of the St. Benedicts Senior Community based on a finding that the proposed uses are consistent with the original PUD, and with a condition that the applicant meet the requirements of Exhibit Z of the staff report. Motion was seconded by Gabler. Motion passed unanimously. 9. Chair Dragsten reopened the hearing for the extension of the Interim Use Permit for Jacobs Holdings. Holien reminded the Commission of the proposed action for this permit and reviewed the original 2003 site plan. 0 Bill Rambo, of Denny Hecker Automotive (Jacobs Holdings) addressed the Commission. Dragsten noted that the existing conditions on the site do not match the is ' 'n it lam and that the applicant needs to update the plan and resubmit it to the original site p pp P City. Commissioner Gabler asked the applicant about the applicant's intention to complete the 5 items addressed with the original permit. Mr. Rambo indicated that he believed the drainage was consistent with the plan, as were the other items in the original approval. Mr. Rambo indicated that nothing has changed on the property. Chair Dragsten indicated that the items in the original approval were to have been completed as a condition of approval of the original Interim Use Permit. Community Development Director Jeff O'Neill indicated that staff would follow up on the items yet to be completed, and suggested that there had been no specific complaints related to the items in the approval. Mr. O'Neill indicated that the Commission could consider whether to proceed with the permit, subject to staff working with the applicant to meet the requirements for those five items. Mr. Rambo indicated that their plan was to build a new dealership on that site, but it was uncertain as which franchises might be available prior to the expiration of this permit. Mr. Rambo indicated that he would meet the five stated requirements of the original approval. Dragsten opened the public hearing. Nobody was present to address the public hearing. Dragsten closed the public hearing. Dragsten asked about the $15,000 letter of credit identified in the staff report. Mr. O'Neill indicated that the letter of credit is to secure compliance with the requirements of the approval. Commissioner Hilgart made a motion to approve the extension of the Interim Use Permit based on a finding that the proposed use will not interfere with the City's long range objectives for high quality development in the area, subject to the requirements of Exhibit Z, and including the original five conditions. Motion seconded by Commissioner Voight. Motion passed unanimously. 10. Adjournment. Commissioner Spartz moved to adjourn the meeting. Seconded by Hilgart. Motion passed unanimously. Respectfully submitted, Stephen Grittman, Recording Secretary