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Planning Commission Agenda Packet 10-01-1996AGENDA REGULAR MEETING - MONTICELLO PLANNING COMWISRION Tuesday, October 1, 1896.7 pm. Members: Dick Frie, Jon Bogart, Riduurd Carlson, Dick Martie, Rod Dragsten 1. Call to order. 2. Approval of minutes of the regular meeting held September 3 and the special meeting held September 23, 1996. 3. Consideration of adding items to the agenda. 4. Citizens comments. b. Public Hearing --Consideration of a request for an amendment to a conditional use permit allowing commercial and restaurant uses in a PZM zone. Applicant, Hillside Partnership. b• Fe�v.cs• 6. t' Consideration of calling for a public hearing on ordinances governing garagg ; D sales (Steve Grittman report). \ c.�• + c. .� . d.�.� e..• 7. Discuss development of amendments to ordinances governing garage sales. 8. Update on 10cin Farms III project, (Jeff report). y 8. Update on City budget activity (Jeff report). 10. Update on annexation request: Art Anderson, Orrin Thompson Homes property (Jeff report). 11. Update on development of a cellular phone shop in residential portion of a B-4 zone. Applicant, Clarence McCarty (Jeff report). 12. MCP activities (Jeff report). 13. Consideration of alternate meeting date for November. 14, Adjournment. ` • Q.1 2e..(�n�_rr l.,ceo.0.�'v. � �Zv�, p..iQeso Zna.1.ni 1 �1 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, September 9, 1996 - 7 p.m. Members Present: Dick Frie, Richard Martie, Jon Bogart, Richard Carlson, Rod Dragsten Staff Present: Jeff O'Neill, Steve Grittman, Wanda Kraemer 1. l:al to order. Chairman Frie called the meeting to order. Consideration nfagWrovid of minutes of th� lea& COMMISSIONER DRAGSTEN MADE A MOTION, SECONDED BY COMMISSIONER MARTIE, TO APPROVE THE MINUTES OF THE AUGUST 6,1996 MEETING. -nnaideratinn of annroval nfniinuteg ofthe serial joint meeting held An_o++a 27.19W6 Chairman Frie requested under the purpose of the meeting to add direction and input on the budget as well as specific work items. COMMISSIONER DRAGSTEN MADE A MOTION, SECONDED BY COMMISSIONER CARLSON, TO APPROVE THE MINUTES AS CORRECTED. Chairman Frie voted in favor. Bogart and Martie abstained because they were not able to attend the joint meeting. Jeff O'Neill added the HRA requested the joint meetings be scheduled for the first Wednesday of the month to coincide with the regular HRA meetings. fT:1:iJ COMMISSIONER BOGART MADE A MOTION, SECONDED BY COMMISSIONER MARTIE, TO APPROVE THE MINUTES OF THE JUNE 24, 1996 MEETING. Page 1 Planning Commission Minutes - 9-3-96 Can aidera on of ad inpfy a a to the neendR. Chairman Frie reminded the commissioner of the MCP planning workshop on September 17, 1996 in the high school board room. Chairman Frie also added concern over the large number of garage sales being held at residential sites and the safety issues of parking along major streets. Jeff' O'Neill, assistant administrator, inquired if the Commission wanted to call for a public hearing. It was decided to have staff research and discuss at the next meeting. There were no citizens comments. Jeff O'Neill, Assistant Administrator, reviewed the sketch plan for the proposed subdivision design for the 80 -acre Iflcin Farms III site, which is located south of School Boulevard and between Fallon Avenue and County Road 117. As you know, 10ein Farms III represents the second half of the original 160 -acre lGein Farms development. The Planning Commission is asked to review the plat in a general sense and provide direction to the developer prior to the developer moving toward completion of a more detailed preliminary plat. The main issues to discuss regarding this plat are the location and size of the park and design issue relating to mitigating programs with double -fronting lots. O'Neill added with regards to the park design when Wain Farms I and 11 were developed, it was agreed by the developer that the park area fbr the combined acreage would be provided at one location on the south 80 acres. The Parke Commission at that time felt it made sense to develop a 16 -acre active play field or regional ballpark facility in the open area in the northwest comer of the south 80 acres. After Auther discussion with the developer and reassessment of the site, it was determined by the Parks Commission that it makes more sense to move the park from the open plot land of the farm area to the wooded and wetland area on the east aide of the property. The Parks Commission recognized that the natural features of the wooded area and pond area provide a unique natural resource for that area. Page 2 D Planning Commission Minutes - 9-3-96 This area should be preserved for public use. They felt that the need for ballfields, though important, is generally satisfied by the school facilities, and future ball field needs can be met with development of a regional ballfield area at some point and location in the general vicinity. On the other hand, there is no other area with huge oak trees and significant natural features, therefore, it was felt that this area should be preserved for public use. The Commissioners discussed recommending a road width of 32 feet with sidewalks along the main collector roads because of the aesthetics and with narrower streets there will be leas storm water, leas improvements, and less snow removal. Also to be firm on acquiring the entire 16 acres of park land not including the wetlands. John Leerson, neighboring property owner, stated the wetlands on this property are protected by federal wetland regulations and he wanted the large Oak trees saved. In his opinion, the property value was enhanced by the trees and this also effected his property. Larry Olson, Developer's Engineer, replied originally the park area had been decided but Tony Emmerich, the developer, had the feeling there were other ideas out there. The purpose of the sketch plan is to get things started and nail down ideas. He also encouraged the Commissioners to consider keeping the wetlands in the park area because many children would erijoy, this. Chairman Frie outlined his preference for providing land for active recreation areas. He stated there will be 800 homes south of I-94 that will need active play areas. The City is deficient in tennis courts and ball fields in this area. Frie would like to see a portion of the Oaks saved for park land and still include an area for active recreation such as tennis courts and a ballfield. Review downtown/riverfront cw1ca9LV1UnWnw schemes prepared by HnAinglan KnPirler and the M .P Michael Schroder, Hoisington Koegler, reported this a community project and is not asking for any kind of recommendation but would like to provide the boards with some insight on where tho study is headed. There are three basic planning concepts or framework ideas that will be presented at a special community workshop scheduled for September 17. The purpose of the review with the Planning Commission was to give them a preview and Page 3 9 Planning Commission Minutes - 9-3-96 provide a chance to make comments prior to the meeting on the 17th. The meeting on the 17th will set the general direction for future planning efforts. Schroeder outlined the three concepts: Concept A - A River Town - Even as it grew on the banks of the Mississippi River, Monticello never really focused attention on this great resource. the revitalization of downtown and the riverfront might logically start with the river, and in doing so, develop the river in downtown as a focal point for the entire community. This opportunity will require consideration of both banks of the river and extension of the downtown Monticello to the north bank of the Mississippi. Concept B - A Crossroads - Historically, Monticello has been a crossroads -- socially, politically, and physically. Geographically, the intersection of two roads in downtown resulted in a vital and active commercial center for the community, and people came here because it was the place to cross the river. Over time, new transportation routes and modes evolved, and the downtown changed. Envisioning the downtown as a crossroads recognizes that people still arrive at this point, but might do so on their way to some other place. In this concept, Pine Street and Broadway are recognized as being distinct from each other and distinct from other streets in Monticello, and are given a character that fits their purpose. The crossroads of these streets announce the downtown with development that reflects the best of Monticello and place a symbol of civic pride and activity in a location that represents the community's spirit and heritage. Concept C - A New Bridge - As the Monticello community grows and changes, we have come to understand that downtown can never be what it once was. Commercial activities have migrated toward the Interstate and the traditional downtown lacks the life that it once had. The character and history of Monticello lies in the old downtown; the new commercial areas seem like so may other shopping centers and highway business areas. A way of breathing life into the downtown and instilling Monticello character in the new commercial uses is needed. The key is Walnut Street as a new'main street" that links the Mall and the river. The Commissioners discussed the concepts and adopting the final plan as a chapter of the comprehensive plan. Page 4 O Planning Commission Minutes - 9-3-96 BOGART MADE A MOTION, SECONDED BY DRAGSTEN TO ADJOURN THE MEETING. Respectfully submitted, Wanda Kraemer Development Services Technician Page 6 0 MINUTES SPECIAL MINUTES - MONTICELLO PLANNING COMUSSION Monday, September 23,1988 - 8:30 p.m. Members Present: Dick Frie, Jon Bogart, Richard Carlson, Dick Martie, Rod Dragsten Staff Present: Jeff O'Neill, Joe Merchak, Wanda Kraemer 1. Call to order. Chairman Frie called the special meeting to order. Jeff O'Neill, Assistant Administrator, reported John Bondhus is requesting a variance to the 40-R rear yard setback requirement for parcels located in the I.1 zone. This variance request is similar to the request approved in 1989. The current request calls for an extension of the existing building line at the current 3 -ft setback for a length of 179 ft. As you'll note on the attached meeting minutes from the Planning Commission meeting in June 1989, the original variance request was granted based on the finding that the variance will not result in a depreciation of adjoining land values and due to infrequency of use of the Burlington Northern railway. Also, there is a request for elimination of curbing along County Road 76 and on the east side of the property. If the applicant can show possible expansion to the east the curb elimination can be taken care of administratively. The curbing along County Road 76 will need to be installed unless the applicant can demonstrate a hardship via a separate variance process. Chairman Frie opened the public hearing. There were no comments. Chairman Frie closed the public hearing. The Commissioners questioned parking spaces. O'Neill stated the parking exceeds the requirements because there are 67 spaces needed and Bondhus currently has 72 spaces. Next, the Commissioners asked if Bondhus was aware of the possibility of County Road 76 being changed to a four lane in the next few years, location Page 1 ewL Planning Commission Minutes - 9-23-96 of driveway entrance and also if the current traffic in and out of Bondhus would change drastically in the near future? Mike Blackstone, Manufacturing Manager for Bondhus, replied he had met with staff to discuss the site plan and was informed of the four lane plans for County Road 75 and had also discussed where the driveway entrance should be. Blackstone added the expansion was to store the inventory presently at many off site locations so the traffic volumes will not be affected. Blackstone also informed the Commissioners Bondhus had considered building to the west but would have had to remove around 100 very large trees so that is the main reason the current site plan was chosen. O'Neill added Bondhus does have enough trees on site to meet the landscaping requirements but had agreed to plant trees along the pathway to break up the view of the parking lot area. COMMISSIONER BOGART MADE A MOTION, SECONDED BY COMMISSIONER CARLSON, TO APPROVE THE VARIANCE REQUEST BASED ON THE SAME FINDING DETERMINED IN 1989. ALSO, DUE TO THE LONG AND NARROW SHAPE OF THE PARCEL BETWEEN COUNTY ROAD 75 AND BURLINGTON NORTHERN IT IS NOT POSSIBLE TO OBTAIN REASONABLE USE OF THE PROPERTY FOR I.1 PURPOSES WITHOUT A VARIANCE. Motion passed unanimously. Jeff O'Neill, Assistant Administrator, explained the applicant had withdrawn their request shortly before the meeting began. The City Council referred the zoning ordinance amendment back to the Planning Commission for further review so that portion of the item should be discussed. However, Investors Together could withdraw their request for a conditional use permit and variance so that would not be discussed. Chairman Frie stated for the record that the Planning Commission should give direction to the City Council on this matter even though the applicant Page 2 Planning Commission Minutes - 9-23.96 has withdrawn. Jeff O'Neill gave the following summary of events that have taken place. At a recent meeting of the City Council, a request to establish a new zoning district (B -3A) was denied. This request would have enabled the development of the mini -lube faciltiy as requested by Investors Together. At the same meeting, on a 3.2 vote, the City Counicl called for a public bearing on a reuqest to amend the zoning ordinance to allow auto maintenance facilities as a conditional use in the PZM zone. This is the same request made by Investors Togebter back in May 1996. Two weeks ago, Investors Together, made a request for a conditional use permit and associated variance to the buffer yard ordinance. Please note that the ordinance amendment called for a 3.2 vote by the City Council cannot be adopted without a 41 vote; therefore' one of the two Council members generally opposed to the development of a mini -lube facility at this location must change their vote in order for this item to be approved. O'Neill stated the question that needs to be answered, Is the proposed use consistent with the intent of the PZM zone? He then indicted on the zoning map where all the PZM districts were. Tom Perrault, City Council member, had compiled a list of guidelines for PZM zones that O'Neill also went over. Chairman Frie opened the public hearing. Jim Shun, resident, corrected the summary of events on the council 3.2 vote to state the 3-2 vote was to return the item to Planning Commission not the vote on the item. Dan Gassler, A Glorious Church, stated Investors Together chose the property in a zone that was incorrect with not enough space for expansion. In his opinion there was no hardship demonstrated and he could not see any reason for the council to bend over backwards to changes the requirements. He wanted a statement from the Planning Commission taking a stand on this issue so the public was not subject to changes in the PZM zones every few months. O'Neill stated that the City cannot deny an applicant from applying unless the ordinance is changed limiting this. Chairman Frie stated this is a flee country but there should be a purpose to the PZM zones and that is what was being contemplated. Page 3 0 Planning Commission Minutes - 9-23-96 Dan Mielke, Owner of Quick Lube, stated he was just finishing construction on the other side of town and was not opposed to competition. However, he was opposed to competition that did not have to play by the same set of rules. First, he had met with City staff before his project was started and was told the B3 one would be the appropriate place to build. Mielke had chosen a site for his lube facility in a B3 zone meeting the set backs, parking, square footage, and landscaping requirements. He was against a lube facility in the PZM zone because that zone does not have the same criteria as B3. He stated the noise of auto maintenance equipment would be loud neat to the residential zones. The last point Mielke made was the applicant had requested 3 bays for detailing. This will involve people dropping their cera off for many hours and not service while you wait. In his opinion it would be impossible to enforce the service while you wait. Jim Lawrence, resident, was concerned that every time the council members changed this item would be back unless addressed. Chairman Frie stated even if there is a council change the past history is usually considered. Chairman Frie closed the public hearing. The Planning Commissioners discussed the fact that the PZM zones were created as transition zones allowing for a mixture of commercial and residential uses. The PZM zone is therefore a sensitive district that must include only those commercial uses that will not detract from nearby residential uses. There was a question pertaining to the signatures on the petitions against the request because some of the petitioners lived outside of the City. Jim Shun, resident, explained a portion of the signatures were members of A Glorious Church and not property owners near the site. Chairman Frie replied the City has a professional planner that had just completed an update to the comprehensive plan and had not changed the intent of the PZM zones. Frie felt it was the position of the Planning Commission to work within this aamowork. COMMISSIONER FRIE MADE A MOTION, SECONDED BY COMMISSIONER MARTIE, TO DENY ALLOWING AUTO MAINTENANCE Page 4 9 Planning Commission Minutes - 9.23-96 FACILITIES AS A CONDITIONAL USE IN THE PZM ZONE BASED ON THE FINDINGS USED IN MAY OF 1996 WHICH DENIED THE ZONING ORDINANCE AMENDMENT DUE TO THE FINDING THAT AUTO MAINTENANCE ACTIVITY IS NOT CONSISTENT WITH THE PURPOSE OF THE PZM ZONE AND COULD RESULT IN A DEGRADATION OF THE CHARACTER AND NATURE OF THE PZM AREAS, THEREFORE, THE PROPOSED AMENDMENT IS INCONSISTENT WITH THE COMPREHENSIVE PLAN. COMMISSIONER MARTIE MADE A MOTION SECONDED BY COMMISSIONER BOIART TO ADJOURN THE MEETING. Respectfully submitted, Wanda Kraemer Development Services Technician Page 6 V Planning Commission Agenda - 10/1/96 � , ',/ 1 r,l � •M Rob Hoffman, operator of Jala Peno's restaurant, and the owners of the Hillside Partnership request permission to allow outdoor seating in a portion of the parking area adjacent to the rear door of the building. The seating area will occupy approximately 6 parking spaces and would be used when the weather allows. According to Hoffman, the outside area will be closed after the kitchen closes, which is 10 p.m. Hoffman does not plan to build a deck or other structure. The area will be designated perhaps by potted plants and a temporary fence. He expects that 4.6 tables will be situated in the area. Hoffman indicated that he does not plan on providing music or other entertainment activities outside of the facility. There will be muted decorative lighting installed, but no signs. In addition, as noted on the attached site plan, Hoffman plans to plant additional trees to help screen the area. To the north of the site is the 66 -ft wide Burlington Northern/5th Street right-of-way. Beyond the tracks is Cedar Crest parking lot and senior citizen apartment building. To the east and south of the site is the retaining wall and above are the 7th Street apartments. A screening fence is already installed along this property boundary. According to the conditional use permit now governing the site, a deficiency in parking was accounted for through a "proof of parking requirement," which requires that the owner install the fhll complement of parking if the need arises as defined by the Planning Commission. In reviewing the operation of the facility, it does not appear that additional parking is warranted at this time. The development of the outside seating area resulting in the loss of 6 parking spaces will contribute to the eventual need to develop additional parking spaces. As you can see on the attached site plan, there is sufficient area to develop the full complement of parking required by ordinance, including the 6 spaces lost to the outdoor seating area. The owner of the site has indicated that they will enter into an agreement requiring installation of additional parking space if the need arises. Tho agreement will include a letter of credit or financial guarantee that the City will have access to construct the parking area if the need arises. Planning Commission Agenda • 10/1/86 :yWAWA., XCINTIVADQ101714f)(IR I recommend approval. The outside seating area proposed is relatively small and some distance from the adjoining residential areas; therefore, it should have a benign effect on the neighborhood as long as the conditions are met. It aright even be argued that the presence of people sitting outside will have a positive effect on the security of the area. More and more, zoning codes are changing to allow a miring of commercial/entertainment and residential uses in urban areas. Sidewalk/outdoor cafes are in many places and are an integral part of the fabric of city life. I see no reason wily this proposal would be inconsistent with this neighborhood and associated PZM zone at this specific location. Conditions from current conditional use permit; Copy of site plan. n PY( Council Minutes - 11/27/95 11 It1711 I11 11•,111'1 Assistant Administrator O Neill reviewed the history of the Sixth Street Annex mall, noting that in 1994, the applicant failed to obtain sufficient votes necessary to rezone a portion of Lot 4, Block 1, Lauring Hillside Terrace, from R-3 to PZM for additional parking to accommodate expansion of a restaurant within the mall; however, they did obtain an amendment to the conditional use permit which allowed expansion of the restaurant in the mall subject to a number of stipulations and conditions. One of the conditions required that 9,100 sq ft of the available space in the mall be left vacant in order to maintain sufficient parking for the restaurant and current uses at the site. After two years of operating the mall under the restricted use of the facility, the developer has again requested rezoning so that land is available for future parking demands and the building can be fully occupied. O'Neill noted that a buffer area would have to be established between the parking area and the neighboring residential area, and it was the recommendation c the Planning Commission that Council approve the requests. He also reported that the owner of the neighboring R-3 property would not support expansion of the restaurant or additional after-hours activity but was satisfied with the current use of the property. Councilmember Herbst expressed opposition to rezoning the proposed area for parking because it is adjacent to a residential area. Councilmembers suggested that perhaps rear entrances for customers should be required as retail spaces are leased to new tenants. It was their view that customers would not use the rear parking spaces if there were no entrances in the back of the building. The Assistant Administrator noted that Council could require additional rear entrances as a condition of the conditional use permit. Page 4 0 Council Minutes - 11/27/95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE AN ORDINANCE AMENDMENT REZONING A PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE, FROM R-3 TO MM TO ACCOM:rIODATE 56 ADDITIONAL PARKING SPACES. Motion is based on the finding that the expansion proposed and associated rezoning is consistent with the character of the area and is consistent with the comprehensive plan for the city. Voting in favor. Brian Stumpf, Tom Perrault, Shirley Anderson, Brad Fyle. Opposed: Clint Herbst. Motion passed. SEE ORDINANCE AMENDMENT NO. 276. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED 13Y SHIRLEY ANDERSON TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW FULL USE OF THE SIXTH STREET ANNEX MALL SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE DEVELOPER SHALL PROVIDE PARKING, GRADING, AND DRAINAGE PLANS SUPPORTING DEVELOPMENT OF AN ADDITIONAL 56 STALLS. PRIOR TO THE CITY GRANTING AN e ° OCCUPANCY PERMIT TO ANY OF THE RETAIL AREA a I (O PREVIOUSLY OFF LIMITS, THE DEVELOPER SHALL OBTAIN WRITTEN APPROVAL OF THE PARKING, GRADING, AND �4i46 DRAINAGE PLANS FROM THE CITY ENGINEER 2. THE DEVELOPER SHALL NOT BE REQUIRED TO INSTALL THE PARKING AREA PRIOR TO OCCUPANCY OF THE NEW RETAIL AREA; HOWEVER, A FINANCIAL GUARANTEE AND ASSOCIATED AGREEMENT SHALL BE ESTABLISHED THAT WOULD ALLOW THE PARKING LOT AND ASSOCIATED REQUIRED LANDSCAPLVG TO BE INSTALLED AT THE FULL DISCRETION OF THE PLANNING COMMISSION AT THE FULL COST OF THE DEVELOPER. 3. THE PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE, NEEDED FOR PARKING SHALL BE SPLIT AWAY FROM LOT 4, BLOCK 1, AND ADDED TO THE SIXTH STREET ANNEX MALL PROPERTY. 4. PRIOR TO THE CITY GRANTING OCCUPANCY OF THE UNUSED RETAIL AREA, THE DEVELOPER SHALL PROVIDE A LANDSCAPING AND SCREENDV G PLAN THAT MEETS THE REQUIREMENTS OF THE CITY AS APPROVED BY CITY STAFF. 5. ALL OTHER CONDITIONS AS NOTED BY ORDINANCE AND INCLUDED IN PREVIOUS CONDITIONAL USE PERMITS ISSUED. 6. PARKING ALONG THE FRONT OF THE BUILDING SHALL BE LIMITED TO 15 -MINUTE PARKING ONLY AND SIGNED ACCORDINGLY. Page 5 0 Council Minutes - 11/27/95 7. ADDITIONAL LIGHTING SHALL BE PROVIDED IN THE REAR OF �- THE FACILITY TO IMPROVE SECURITY. 8. REAR PUBLIC ENTRANCES MUST BE INSTALLED AS NEW TENANTS LEASE RETAIL SPACE. Motion carried unanimously. Motion is based on the finding that the conditional use permit with conditions as noted will result in a land use that is consistent with the character of the area, will not result in a depreciation of adjoining land values, and is consistent with the comprehensive plan. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE SUBDMSION OF A PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE. Voting in favor. Brian Stumpf, Shirley Anderson, Tom Perrault, Brad Fyle. Opposed: Clint Herbst. Motion passed. O Gid JfA* Tio h.,I. A% '? %Aj