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Planning Commission Minutes 05-02-2000MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 2, 2000 7:00 P.M. Members Present: Dick Frie. Robbie Smith. Roy Popilck. Richard Carlson, and Rod Dragsten. Absent: Council Liaison Clint Herbst Staff Prescnt: 1ef O'Neill, Steve Griuman and Lori Kraemer I . Call to order. Chair Fric called the meeting to order at 7:05 p.m. 2. Approval of minutes of the regular meeting held April 4. 2000, ROBBIE SMI'I'll MOVED TO APPROVE'rllli MINUTES OF TIIE REGULAR MEF TING OF APRII. 4.2000. RICIIARD CARLSON SECONDED THE MO'rION. Motion carried. 3. Consideration of addine items to the acenda. Rod Dmgsten requested an update on the bike path and Roy Popilck stated when the next section is completed, sand will be used versus the rough material previously used. Popilck felt they met halfway and Chair Fric concurred that a portion of the path would he done using sand to see how that corks out. Chair Fric stated he received calls prior to the meeting stating that (calkers) were complaining of the unevenness of the pathway. I Ie also stated he has received numerous calls since the meeting regarding dogs being walked on the paths and owners not picking up aticr the dogs. Ile referred this onto Rick'I'mver. Parks Commission. and he also asked that Jeffaddress this issue in the nest newsletter. Roy Popilek asked for an update on the Jay Morrell 'rntcking issue. This was placed as item 6B. 4. Citizens comments. None. 5. Public I learine - Consideration of a Conditional Use Permit for Amo Sales and n variance to the minimum buildine sire rcouirements for auto sales. or an amendment to the minimum C uildinu size rcuuirtmtents in a B-3 %ovine District. Applicant: Ihmlo oto Steve Grittman. City Planner, provided the staff rcpon regarding the applicant's request for a Planning Commission Minutes - VIVO Conditional Use Permit to operate an automobile sales facility on the property formerly occupied by Wendy's along Oakwood Drive. The existing building. currently vacant. consists of approximately 2.950 square feet in area. The applicant indicates that they intend to retrofit the existing building for sales. maintaining the parking lot for customer parking and vehicle display. The "Zoning Ordinance lists a number of conditions attached to the consideration of auto sales in the 13-3 District. Almost all of the listed conditions would be complied with by the proposed use. with some discussion about landscaping and the parking and curbing along the west boundary. The primary issue is with the building sire requirement. The applicant would also add additional lighting and address the landscaping. Dunlo is looking at a display area to the west of the site and has indicated they would like to defer final improvements of that boundary as they are working with Peterson Ford on this issue. The applicant is pursuing a variance to this requirement. or the City's approval of an amendment to the Zoning Ordinance to lower the building size requirement to accommodate the proposed use. The applicant argues that the access to the property resulting from the changes to the Ilighway 25/Interstate 94 interchange area have made other uses. including the fast food restaurant use. no longer viable. The alternative option requested by the applicant is an amendment reducing the floor area for auto sales facilities. Auto sales uses can have a tendency to maximize paved open sales area. and minimize building arca. The 4.500 square foot threshold in the ordinance is designed to encourage a greater proportion of site utilization by building as opposed to open sales lot. In most cases. building size is directly related to employment and property value. These are issues on which the City has focused its economic development activities in the past. Reducing the building size would apply throughout the 13-3 District. and would tend to limit both employment and building valuation. Chair Frie opened the Public Ifearing. Roger Zahn. Attorney representing Oxboro Development. states the developers agreement with the project the applicant has applied for. Oxhoro is a partnership who has been selling o0' it's propcnics slowly over the pasts years. this particular site being one of them. The previous Wendy's was a tenant of Oxboro Ihvelopmem. Ile also stated that Wendy's had contacted them to locate back in Alonticcllo at their previous site and negotiated with them. but with the access to the location the way it is they did not proceed with the purchase. I Ie states that they have tried to get another fast fiwd chain into this building to no avail. %fr. Zahn believes that there is reasonable hardship in that this building cannot be used as its intended use as a fast food restaurant due to the access to this building. Andrew Duncanson. President of Dunlo 4lotors. gave a brict'description of his business which has been in business for 16 years. Ile clarified that they are a sales company only. no servicing of autos, therefore the size of this building is suitable. Ile states they plan to do everything to make the site attractive. especially the south side. Ile would like to work with Dave Peterson Ford. but would comply on his own if need be. Mr. Duncanson stated Dunlo plotores would generate approx S25.000 per month in taxes. .2. Planning Commission Minutes -5MOo Allan Wright. Rcalcstatc Broker from St. Cloud representing Oxboro Development stated the difficulty with putting in a fast food restaurant was the access problem. Molly Peterson, co-owner of Playhouse Childcare Center and one of the owners of the adjacent properties. stated some of the concerns they have if a variance is granted. She states that there arc a great number of fast food and auto sales facilities but they are the only licensed childcare center. She also reminded the commission of the concerns they had previously brought to their attention when the Ford expansion occurred. She states they are surrounded on three sides now with auto dealers and if this variance is granted they will be surrounded on all four sides. They have concerns with people walking around looking at the cars and the uneasy feelings they have being a childcare provider with this increase in traffic. She states that the City would be creating a hardship for them if this variance is granted. She provided a letter stating concerns from parents if this variance is granted. Chair Fric addressed Ms. Peterson asking about the hours. which she stated are 6 a.m. to 6 p.m. and that there is a possibility for extended hours. Chair Fric also asked about the Playhouse staff parking in the Wendy's site now and she stated that it is their assumption that parcel is actually part of the Childcare Center property. Diane Mandel. co-owner of the Playhouse Childcare Center. addressed the Planning Commission sharing a letter stating concerns from a parent regarding health. safety and increasing pedestrian and vehicle traffic. She stated they felt the children would be more susceptible for incidents to occur and does not feel this is conducive to the Childcare site. Ms. Mandel stated they feel the City has a responsibility to these children. She also provided pictures of the current conditions with the expansion of the Ford Auto. Chair Fric closed the public hearing. JcffO'Ncill. Deputy City Administrator. provided an update on the Ford dealership stating that Ford did not go through the proper process for their CUP. stating staff had asked Ford to revise their site plan before approval and unfortunately they did not get their revised site plan to the Planning Commission prior to this meeting. O'Neill state there are curbing and landscaping issues and that perhaps staff lwill request fencing. Chair Fric asked Molly Peterson if Steve Johnson. Monticello Ford. had gotten together with the Playhouse Childcare Center to address the previous issues with them and she stand he has had no contact with them. Robbie Smith asked about Ford using that site without a CUP and O'Neill stated that this is an issue and that when they requested a revised site plan it did not arrive until this week. Smith also stated that if Dunlo Motors decides to put a 4.500 sq. ft. building on that site they would be in compliance with City ordinance. and Ms. Peterson stated that if that %vas the case they would deal with it. but it would he better that than the City granting a variance to them without the dealer demonstrating a hardship in meeting the ordinance. Smith also stated he still is not happy with the Automax issue or the Monticello Ford issue with their noncompliance with the City's conditions placed on them. Rod Dragsten addressed the safety issue that Playhouse is concerned with. noting that being III Planning Commission Minutes • SRIoO in a 13-3 zone there could be any type of business that would create the same type of pedestrian/vehicle traffic. Dragsten also asked if the City ordinance stated the number of cars allowed and Steve Griuman stated it does not but the City could limit the number via a Ccondition of a CUP. Popilek had questions on setbacks being to the west only and Griltman stated it appears there needs to be an additional strip of landscaping to the south. The display area did meet the required setbacks. It was also stated that there would be access from the Playhouse to the car lot but that it would he buffered and suggested that the same condition would be placed on the south. The outdoor play arca on the south side is strictly secluded to the back and is in use for at least 6 hours of the day. Ms. Peterson stated they would need landscaping along the north as well. which would be Dunlo's south. The Planning Commission asked Dunlo Motors if the 4.500 sq. il. condition is a viable option and they stated it is not. The commissioners asked Griuman if 4.500 sq. ft. requirement is consistent with other communities and he stated that it is a bit unusual. most of the ordinances require a minimum commercial building size of 1.000 to 2.000 sq. 0.. although some require additional square footage for auto .service but not as large as 4.500 sq. Decision I: Conditional Use Permit for Auto Sales in a B-3 District ROD DRAGSTEN MOVED TO APPROVE THE CONDITIONAL USE PERMIT WITH CONDITIONS LISTED BELOW, BASED ON FINDINGS THAT WITH LANDSCAPING, APPROPRIATE CURBING, AND OTHER CHANCES. THE SITE. IS SUITED TO THE PROPOSED USE: Conditions: 1. Regain landscaped island north of the building. 2. Install fire fool wide land%cnM green space along west and sough boandary lines, in accordance eith The Zoning Ordinance requirements for parking areas and as approved by City staff. 3. Install continuous concrete curbing along the west side protecting The landscaping from the parking area. 4. Total refinishing/re-paying of The entire parking lot. 5. Fencing installed on south side to buffer "The Playhouse" from auto dealer on left side with a 6 foot fence as approved by City staff. 6. Compliance %itb 400 sq. ft. bailding regulation or adoption of/modification of an amendment to The Zoning Ordinance reducing the building sire. DICK FRIESECONDED THE MOTION. MOTION CARRIED 3 TO 2 WITH ROBBIE SMITII AND ROY POPILEK VOTING IN OPPOSITION. Decision 2: Variance to Building Size for Auto Sales in a B-3 District C ROBBIE SMITH MOVED TO DEN%' TIIE VARIANCE BASED ON A FINDING THAT THERE IS NO PIIVSICAL HARDSHIP IN COMPLYING WITH THE -4- Planning Commission Minutes - 58100 ZONING STANDARDS FOR THE PROPOSED USE. ROV POPILEK SECONDED THE MOTION. Motion carried 4 to I with Rod Drogsten voting in opposition. Decision J: Amendment to the Zoning Ordinance Reducing the Building Size ROBBIE SMITH MOVED TO DENY AMENDMENT TO THE ZONING ORDINANCE REGARDING REQUIRED BUILDING SIZE. THERE WAS NO SECOND TO THE MOTION. Motion did not prevail. RICHARD CARLSON MOVED TO TABLE ACTION ON THE AMENDMENT, PENDING ADDITIONAL INFORMATION, NAMELY RESEARCIIING EXISTING ORDINANCE AS IT RELATES TO BUILDING SIZE. ROD DRAGSTEN SECONDED THE MOTION. Motion carried 4 to I with Robbie Smith voting in opposition. Discussion reeardine an amendment to the comnrchensive elan that would convert the Gold u eet residcntial area to industrial uses. JcffO'Neill stated that the Industrial Development Committee asked the Planning Commission to relook at this area and determine if the land use plan should be reviewed given the interest in converting the use to Industrial. O'Neill also stated that no information has been compiled at this time. Chair Fric stated the fact that this may not be an appropriate time to do this while there is court action in process. but O'Ncill stated that the City's planning effort may continue during this process. It should have no effect on the court case. O'Ncill slated they arejust looking at an objective study at this point. Roy Popilek stated that it was a unanimous vote of the Planning Commission previously that this land be residential. Steve Grittman stated it is legitimate to say that the City looked at this arca. studied it and is confident in their decision. Grittman also stated that the court may ask that this zoning Ix changed and stated the more data the City has to base their recommendation on the better chance they stand in court. O'Neill states that he will pass this information hack to the IDC stating the Planning Commission is confident in their decision that this arca be zoned residential. It was also stated that earlier this year. the City Council did have the opportunity to direct the Planning Commission to study a potential amendment but felt that there was no need as well. ROY POPILFK MOVED TO TAKE NO ACTION ON THEGOLD NUGGET ZONING ISSUE STATING IT IS THE CLEAR CONSENSUS OF TIIF. PLANNING COMMISSION TO NOT DIRECT STAFF TO COMPILE. A STUDI' OF THIS AREA. MOTION WAS SECONDED Bl' ROD DRAGSTF.N. Motion carried unanimously. 6R. • �Mrrdl 'I'mckine update. Jeff O'Neill states that nothing has been done in regard to this matter. l le apologizes fur C this. lie did rcmind the members that the City Council had advised staff to proceed with code enforcement regarding Morrell Trucking. Roy Popilek asked ifthere was anything the -5- Planning Commission Minutes - SR100 Planning Commission could do to help direct City Council with staff matters and it was stated that there was no need at this point. Jeff O'Neill also supplied an update on the former Ferrell Gas Site stating the City had selected a developer and the project is moving forward. O'Neill stated there would be a special I IRA meeting at 5:30 p.m.. Wednesday. May 3 regarding downtown redevelopment. Staff is asking that the focus be on the Amoco site Jeff O'Neill asked Steve Grittman about our zoning map in regard to the Lafromboise property. He asked if staff could handle this issue. If the legal description of the Lafromboise property was not include he asked the Planning Commission to hold a public hearing to make sure this gets handled. ROBBIE SMITH MOVED TO CALL FOR A PUBLIC HEARING REGARDING THE LAFROMBOISE PROPERTY SHOULD IT BE FOUND TO NOT BE INCLUDED IN THE ZONING MAP. ROD DRAGSTEN SECONDED THE MOTION. Motion carried unanimously. d4o i . RICHARD CARLSON MOVED TO ADJOURN THE MEETING AT 9 P.M. ROV POPILF.K SECONDED THE MOTION. Motion carried. Wording Secretary -6-