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Planning Commission Minutes 10-06-1998 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 6, 1998 - 7 p.m. Members Present: Richard Carlson, Rod Dragsten, Dick Frie, Roy Popilek and Robbie Smith. Also Present: Mayor Bill Fair and Council Liaison Clint Herbst Absent: None 2. Consideration of approval of minutes of re~ular meeting held September I. 1998. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY RICHARD CARLSON TO APPROVE THE MINUTES OF THE SEPTEMBER I, 1998 REGULAR MEETING. Motion carried unanimously. 3. Consideration of additional items to the agenda. The question was raised whether the public hearing notices could be written so that it is easier to locate the property identified in the notice. The staff responded with suggestions for improving the public hearing notices and this item was not placed on the agenda. Steve Grittman informed the Planning Commission that representatives from the St. Benedict's Center were present to request final review of the PUD for the senior housing project. This was added to the agenda as item #5a. 4. Citizen Comment Pat Townsend spoke to the Planning Commission regarding his request for a conditional use permit and variances for his property. His proposal had come before the Planning Commission at their September meeting. His request for a conditional use permit was tabled and his variance requests were denied. He stated that his CUP was supposed to be considered by the Planning Commission at this meeting but it was not placed on the agenda. Pat Townsend also stated that he was not advised that if variances were denied he could not reapply for the variances for a year. Mr. Townsend felt that he had been misled by the city staff and had been given inadequate information about the planning process. Fred Patch explained that the ordinance does state that when a variance is denied a year I . Planning Commission Minutes - 10/6/98 must elapse before the same variance can be applied for again. He noted that Mr. Townsend had reduced the number of variances he was requesting and the variance requested had changed so he could apply for a variance but he would need to go through the variance process again as this would be considered a new variance request. The new variance request application had not been received in time to meet the notice requirements for this meeting. It was also pointed out that the Planning Commission could act on the conditional use permit at this meeting. However, if they did not act on the matter at this meeting, the City would send the applicant a notice that the City was extending the 60 day review period. The consensus of the Planning Commission was that since they had not seen the revised proposal ofMr. Townsend, they would prefer to act on it at the next meeting. Sa. Consideration of final stage Planned Unit Development (PUD) - St. Benedicts Center Chair Frie asked for the staff recommendation on this item. Steve Grittman indicated that since the Planning Commission had only limited time to review this, the staff was recommending that the Planning Commission table the item until they had sufficient time to review it. Because time is of the essence, the Planning Commission discussed holding a special meeting. . CHAIR FRIE MOVED AND ROBBIE SMITH SECONDED THE MOTION TO HOLD A SPECIAL MEETING OF THE PLANNING COMMISSION ON MONDAY, OCTOBER 12, 1998 AT 5:00 P.M. Motion carried unanimously. 5b. Consideration to amend the zoning ordinance and/or the zoning map to allow restaurant use by adding this use to the PZM District or by amending the zoning map to B3 (highway business). Applicant: MMC Land Company LLC. Steve Grittman gave the staff report on this item and pointed out the area being considered for rezoning. The PZM District allows a mix of residential and commercial uses while the B-3 District allows for development of commercial uses that are highway or travel oriented. Because of an omission in mailing the notices to the affected property owners, the City Council directed that the Planning Commission take up this item again. Mr. Grittman explained that the staff felt it was more appropriate to rezone the parcel to B-3 rather than add restaurants as an use in a PZM district. Going from B-3 to PZM to church use to R-l would provide a good transition of land use. Fred Patch submitted a petition the city had received from property owners in the area. Although the applicant had requested rezoning of the full 15 acre parcel, the staff was recommending that the southerly portion ofthe property, approximately 9 acres be rezoned to B-3. Chair Frie opened the public hearing. . 2 . . . Planning Commission Minutes - 10/6/98 Jim Shun, 1 09 Mississippi Drive presented a petition to the Planning Commission opposing the rezoning. It was felt that the PZM District was set up as a buffer between the residential and commercial uses. Mike Brower, Youth Minister from A Glorious Church submitted a petition and a videotaped message from the pastor expressing the church's opposition to the rezoning. Jean Kaslin from the River Mill Addition expressed her concern about additional noise from traffic generated by the business. Jim Shun asked ifthe City would allow a B-3 zoning within this PZM District would they allow this use in other PZM zones. Steve Grittman responded that because this location was one of the busiest traffic locations in Wright County as well as the City of Monticello and was more commercial oriented than other PZM Districts, he felt that this type of use would be more suitable in this specific PZM District. This site is unique from other PZM Districts in its visibility, traffic and location. Shirley Mindis, 149 Riverview Drive asked if there were plans to widen County Road 39 and emphasized the difficulty in getting on the road with traffic in that area. A number of residents also addressed traffic concerns and the impact the rezoning would have on the amount of traffic. The staff pointed out that the PZM District does allow commercial uses which could also impact traffic levels in this area. Steve Grittman stated that because so many commercial uses were allowed in the PZM District it diluted the PZM District's effectiveness as a buffer. Harley Eggers from MMC spoke about the development plans for the property and noted at this time it was not known what type of restaurant would be located there. Other resident questions included the impact the rezoning would have on property values and what other types of uses could come into the B-3 zone if the restaurant failed. Chair Frie closed the public hearing. The Planning Commission reviewed the setbacks from the residential area for a B-3 District, the boundaries of the PZM District and the zoning of adjacent properties. Since the property is located adjacent to the county roads, the county would have to give approval to any access onto a county road. Richard Carlson felt that the PZM District was meant as a transition zone between uses but that it also designated properties that were in transition so the Planning Commission should not be surprised to get requests for rezoning in the PZM District. ROBBIE SMITH MOVED AND RICHARD CARLSON SECONDED THE MOTION TO DENY THE REZONING REQUEST BY MCC LAND COMPANY FOR B-3 ZONING BASED ON THE FINDING THAT THE PZM DISTRICT DOES THE BETTER JOB OF LIMITING COMMERCIAL EXPANSION IN THE DISTRICT. Motion carried with Rod Dragsten and Roy Popilek voting in opposition. 6. Consideration of a front yard variance for garage and porch addition. Applicant: Paul & Janice Demars. 3 . . . Planning Commission Minutes - 10/6/98 Mr. and Mrs. Demars, 1500 West River Street are proposing to convert a portion of their garage to living area and adding a new garage and porch and requested a variance in the front yard setback requirements. Chair Frie opened the public hearing. No one was present other than the applicant to speak for or against the variance request. Chair Frie closed the public hearing. There was some question on the amount of the variance requested. Based on the survey submitted approximately a 2 Y2 foot variance would be needed. Rod Dragsten asked what the hardship was that would be the basis for the Planning Commission granting the variance. It was noted that the garage would be approximately 24' and that the second stall could be moved back an additional 2' which would then require a variance of only 1'. ROY POPILEK MOVED AND RICHARD CARLSON SECONDED THE MOTION TO APPROVE A VARIANCE IN THE FRONT YARD SETBACK FOR THE PROPERTY AT 1500 WEST RIVER STREET TO ALLOW FOR THE CONSTRUCTION OF A GARAGE AND PORCH ADDITION WITH THE VARIANCE NOT TO EXCEED 2' AND THAT THE CURRENT PROPERTY MEET CITY BUILDING CODE REQUIREMENTS. Motion carried unanimously. In further discussion on the variance Richard Carlson stated that granting the variance would allow the maximum use ofthe property for residential purposes and that a variance in the front yard setback would have less impact than a side yard or rear yard variance. Roy Popilek also commented that aesthetics of the property would benefit from the granting of a 2' variance. 7. Consideration of a Conditional Use Permit for a PUD (Planned Unit Development) allowing two parcels to be treated as a single residential parcel. Applicant: Beverly J. Abrahamson. Steve Grittman presented the staff report explaining that in order to resolve a lot line dispute a portion of this property had been recently platted. The portion that the applicant is proposing to build a garage on was not included in the plat. The applicant would like to have the two parcels considered as a single parcel for the purpose of determining setbacks. The filing policy of Wright County would not allow for the two parcels to be combined as one without going through a replatting process. A deed restriction is proposed to be included so that any future sale of transfer of property would cover both parcels. Chair Frie opened the public hearing. Beverly Abrahamson spoke requesting the Planning Commission to respond favorably on her application. Chair Frie closed the 4 . Planning Commission Minutes - 10/6/98 public hearing. DICK FRIE MOVED AND ROD DRAGSTEN SECONDED THE MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR A PUD SUBJECT TO A DEED RESTRICTION BASED ON THE FINDING THAT A FILING PROBLEM AT WRIGHT COUNTY HAS CAUSED THE APPLICANT'S PROBLEM AND NOT BECAUSE OF ANY PHYSICAL PROBLEM WITH THE PROPERTY OR ADMINISTRATIVE CONCERNS OF THE CITY. Motion carried unanimously. 8. Consideration of an ordinance amending Section 3-6 of the City Zoning Code. providing regulations for off-street loading berths. to prohibit loading berths from facing a public street. Applicant: City of Monticello. Fred Patch presented the staff report on the proposed amendment. Aesthetic and safety concerns prompted the proposed ordinance amendment. The Planning Commission discussed how loading berths are handled under the current ordinance, whether loading berths are allowed to encroach into the setbacks and whether there were any alternatives to an ordinance amendment that would address the safety and aesthetic issues raised by the staff. . Chair Frie opened the public hearing on the proposed amendment. No one was present to speak for or against the proposed amendment. Chair Frie closed the meeting. There was general discussion by the Planning Commission as to the impact that the requirement would have. Chair Frie asked if this amendment would make the city's ordinance more consistent with the ordinance of other cities. It was noted that this provision is more commonly found in the metro area cities. There was also discussion of the conditions the City could impose in issuing a CUP for a loading berth facing a public street. DICK FRIE MOVED AND ROD DRAGSTEN SECONDED THE MOTION TO TABLE THIS ITEM WITH THE INTENT TO GET INPUT FROM THE IDC (INDUSTRIAL DEVELOPMENT CORPORATION) AND WITH THE OPTION OF ESTABLISHING AN AMENDMENT TO INCLUDE CONDITIONAL USE PERMIT PROCEDURES WITH ADDITIONAL INPUT FROM THE STAFF AND IDC. Motion carried unanimously. 9. Consideration of an application for renewal of an interim use permit allowing a public use in an I-I zone. Applicant: Monticello Public Schools. . An interim use permit was issued by the City in 1997 to allow the Monticello School District to house their Alternative Learning Center in an I-I (Light Industrial District). 5 . . . Planning Commission Minutes - 10/6/98 The permit was approved for a one year period. The staff recommended approval of an interim permit with a number of conditions. Chair Frie opened the public hearing. No one addressed the Planning Commission on this item. Chair Frie then closed the public hearing. It was asked whether the new high school includes space to house this program. ROBBIE SMITH MOVED AND ROY POPILEK SECONDED THE MOTION TO RECOMMEND APPROV AL OF THE ISSUANCE OF AN INTERIM USE PERMIT TO THE MONTICELLO SCHOOL DISTRICT TO OPERATE AN AL TERNA TIVE SCHOOL PROGRAM AT 1248 OAKWOOD DRIVE EAST BASED ON THE FINDINGS THAT THE PROPOSED USE WILL NOT INTERFERE WITH THE CITY'S LONG RANGE OBJECTIVES TO ENCOURAGE INDUSTRIAL DEVELOPMENT IN THE AREA AND THAT THE FOLLOWING CONDITIONS APPL Y TO THE INTERIM USE PERMIT: A. THE INTERIM USE PERMIT WILL EXPIRE ON AUGUST 31,1999. EXTENSION OF THE USE OF THE SUBJECT PROPERTY FOR PUBLIC SCHOOL USE BEYOND THE TERMINATION DATE MAYBE ALLOWED BY RE-APPLICA TION TO THE CITY. B. THE DISTRICT AGREES TO EXPAND THE PARKING AREA AT THE DIRECTION OF THE CITY. THE CITY WILL DIRECT EXPANDED PARKING BASED ON ITS OBSERVATION OF PARKING DEMAND WHICH MAY CAUSE THE USE OF ON STREET PARKING AT ANY TIME. C. THE USE OF THE SUBJECT PROPERTY WILL BE DURING NORMAL SCHOOL HOURS ONLY. D. THE GRANTING OF THIS INTERIM USE PERMIT SHALL NOT BE EFFECTIVE UNTIL AFTER INSPECTION AND APPROVAL OF THE BUILDING AND PROPERTY BY THE CITY BUILDING OFFICIAL. Motion carried unanimously. 10. Consideration of rescheduling the November 3rd Regular Planning Commission meeting due to the General Election. Chair Frie noted that he had a conflict with the proposed November 4th date for the Planning Commission meeting. 6 . . . Planning Commission Minutes - 10/6/98 DICK FRIE MOVED AND RICHARD CARLSON SECONDED THE MOTION THAT BECAUSE OF THE GENERAL ELECTION TO MOVE THE REGULAR PLANNING COMMISSION MEETING TO MONDAY, NOVEMBER I, 1998 AT 7:00 P.M.. Motion carried unanimously. 11. Update: Discussion on Rolling Woods Concept Development. Jon Bogart presented preliminary drawings to the Planning Commission on the Rolling Woods Development which lies adjacent to the Wildwood Ridge area. The proposed development now meets the criteria for annexation. The property to be developed consists of 40 acres, the northerly third of which is moderately wooded and the balance is open field and pasture. They are proposing to create approximately 89 lots. Mr. Bogart provided preliminary information regarding drainage patterns, streets and lot layout. The preliminary plat will come before the Planning Commission at their November meeting. ROBBIE SMITH MOVED AND RICHARD CARLSON SECONDED THE MOTION TO ADJOURN AT 10:00 P.M. Motion carried unanimously. (j 0. .\__.\_:'-',," ,-...J'I..~../\---O:,:.:'"::, '-""'-0, <:">_ R d. S II ecor mg ecretary . 7