Loading...
Planning Commission Minutes 11-05-2018MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Monday, November 5th, 2018 - 6:00 p.m. Mississippi Room, Monticello Community Center Special Joint City Council/Planning Commission Meeting 5:00 PM — Concept Stage PUD — DSB Ventures Commissioners Present: Brad Fyle, Sam Murdoff, Marc Simpson, John Alstad, Katie Peterson Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Ron Hackenmueller 1. General Business A. Call to Order Brad Fyle called the meeting of the Planning Commission to order at 6 p.m. B. Consideration of approving minutes a. Regular Meeting Minutes — October 2, 2018 SAM MURDOFF MOVED TO APPROVE THE REGULAR MEETING MINUTES OF OCTOBER 2, 2018. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. b. Joint Meeting Minutes — October 8, 2018 MARC SIMPSON APPROVED THE JOINT MEETING MINUTES OF OCTOBER 8, 2018. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Citizen Comments None. D. Consideration of adding items to the agenda None. E. Consideration to approve agenda MARC SIMPSON MOVED TO APPROVE THE AGENDA. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. 2. Public Hearings A. Public Hearing - Consideration of a request for variance to required side _yard setback for detached accessory structure in the R-2 (Single Family and 2 Family Residential) District Applicant: Clarence McCarty Steve Grittman stated that a Variance to side yard setback was being sought to expand a legal nonconforming structure (detached garage). The Certificate of Survey shows the structure falling between a 1.1 to 1.3 feet setback, with the City Code requires a six foot setback. The applicant noted that the current garage is impractical to park in due to the lack of adequate height of the garage door. The Planning Commission Minutes — November 5, 2018 Page 1 1 7 applicant is proposing a seven foot garage door. The code currently allows the applicant to replace and rebuild the current structure, but because the applicant is looking to expand the areavertically of the building, it requires a land use approval. Grittman explained that the request was a reasonable use of property and a condition for approving a variance. Staff recommended approval of the application with conditions. Sam Murdoff asked for the height a typical garage. Grittman stated that a typical single stall garage is between 15 - 18 feet or less at the peak. Murdoff asked if 15 feet was reasonable. Grittman confirmed. Brad Fyle opened the public hearing. Clarence McCarty, the applicant, stated that the intent was to raise the roof (less than ten years old), place new walls underneath, and drop the roof down. The applicant wanted to have nine foot walls to allow for a garage door opener. Fyle asked if the conditions could be met. McCarty agreed to the conditions and stated that the vinyl would match the house and that it would not reach 15 feet. Marc Simpson asked if he talked to his neighbors. McCarty stated that notice was sent to residents by the City and, to his knowledge, there was no objections. Hearing no further comments, the public hearing was closed. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC -2018-028 APPROVING THE SETBACK VARIANCE FOR THE MCCARTY GARAGE AT 430 W BROADWAY, BASED ON FINDINGS IN SAID RESOLUTION, AND PURSUANT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. EXHIBIT Z McCarty Variance 430 West Broadway Street Lots 11 and 12, Block 38 Original Plat of Monticello 1. Applicant verifies that materials for the proposed garage will match those of the existing primary structure on the property. 2. The accessory building shall not exceed 15 feet in height. 3. Any additional recommendations of other Staff or Planning Commission. B. Public Hearing - Consideration of a request for amendment to the Monticello Zoning Ordinance Chapters and Sections relating to the Central Community District Applicant: City of Monticello Planning Commission Minutes — November 5, 2018 Page 217 Angela Schumann provided background on the Central Community District (CCD). In September, 2017, the City Council adopted the Small Area Study as a part of the Comprehensive Plan. Schumann stated that the Small Area Study only looked at a portion of the present day CCD. With the adoption of the Small Area Study as a land use plan, the City needs to adopt changes to the CCD in the Zoning Ordinance to achieve the goals of the plan. Schumann stated that the City Council authorized a subcommittee (of city boards and property and/or owner representation) to help formulate the ordinance. The group met 4 times from January, 2018 to May, 2018. The Planning Commission and City Council met twice following those meetings. The subcommittee reviewed permitted uses and performance standards. It was noted that some of the issues that the subcommittee could not reach consensus on were brought forward to the Planning Commission and City Council for review and comment. Concerns revolved around flexibility in the ordinance language and parking. Schumann explained the current CCD boundary and the four character areas from the Small Area Study. A general character area was also established for those transitional areas that were included in the current CCD boundary, but not in the Small Area Study character areas. She explained an overview of the proposed ordinance. Staff recommended approval of the zoning ordinance amendments. Brad Fyle opened the public hearing. Steve Johnson, a member of the EDA, a property owner downtown, and a member of the downtown zoning subcommittee, provided some comments and concerns about the proposed amendments. It was recorded that Johnson was speaking on behalf of the property he owns in downtown. He noted that in the performance standards, the 50 percent window and door transparency was problematic and excessive. The minimum width of a building was also problematic if a developer built one large development and split it up into multiple buildings. The maximum setback of 10 feet was also restricting. Johnson requested buildings on Broadway be a suggestion of up to 4-5 floors rather than a minimum of two stories. He suggested looking again at the uses in the downtown. He also noted confusion with the proposed ordinance for Pine Street and requested further refining this section of the ordinance. Johnson noted that the parking requirement for multi -family housing was too conservative. He requested parking to be 2 spots/unit for those with 4-12 or 13 plus units. Johnson also noted confusion with the ground -floor requirement for retail in the riverfront as there were two elevations — river and street view. He also reiterated concerns with parking for current property owners if property changed hands or new development occurred. Johnson raised concerns with density of 25 units per acre. Charlotte Gabler asked for clarification on how some of the standards were determined, specifically the building width. Gabler also asked questions about flexibility of land uses and the restrictions developers may see. Grittman explained that the proposed ordinance was written with uses that reflected the Planning Commission Minutes — November 5, 2018 Page 3 17 objective of each character area. Schumann explained the importance of having restrictions on uses especially in the areas of Broadway and Walnut Street. It was noted that those areas should have a mix of uses for people to interact, shop, socialize, and see entertainment. Staff also reminded the commission of the opportunity for a Planned Unit Development land use application in case developers wanted to seek flexibility in the code. Grittman noted that any projects that happen in the Small Area Study boundary require a site plan review. Gabler asked if the Zoning Committee was able to review the draft ordinance. Schumann stated that the committee was familiar with the uses, but wasn't able to see a solution for the parking due to low attendance. Schumann asked for commission comment on the height of buildings per Steve Johnson's comment. Grittman explained the logic behind the parking requirement minimum of 1.5 parking spaces per unit for multi -family developments. He explained that based on market research typically multi -family projects generated less parking. Gabler asked instead of 1.51 they could have 2 parking spaces instead. Grittman stated that the intent of the Small Area Study was to restrict intensity of the area and to minimize the amount of vacant asphalt. Staff were confident with the 1.5 spaces per unit. John Alstad asked if the ordinance would allow a business owner to locate in the downtown that would bring in large crowds of people. Grittman explained that a conditional use permit would be required for many of the uses which would allow for larger uses, such as indoor entertainment facilities. Katie Peterson asked if an inventory count of the parking was completed as a baseline. Schumann noted that staff have developed a preliminary proposal for a parking count and utilization study for the downtown. Schumann noted that unless otherwise specifically noted in the proposed ordinance amendment, uses would follow the general parking guidelines for the existing general CCD district within Section 4.8. She also explained in the proposed ordinance that any new uses which propose not to meet these required standards, would require a parking analysis study. Lastly, it was noted that if existing buildings in the downtown would be intensified in use, they would be required to pay into the downtown parking fund. Peterson asked if wayfinding signage for public parking was being developed. Schumann stated staff were working on a consolidated sign plan and that in the meantime the City's Art Consultant may able to help. Gabler asked if property owners could also pay into a potential consolidated sign plan fund. Sam Murdoff asked for clarification on window and door transparency referring to the fagade and not tinting. He also asked for flexibility on the building width. Murdoff requested "Ground floor commercial buildings" uses to not be listed out, but rather that the section explains to refer to the Small Area Study. Murdoff requested that staff make the building heights consistent. Murdoff also requested that the parking considerations for multi -family 4 to 12 units be a stepped approach ranging from 1. 5, to 2. Planning Commission Minutes — November 5, 2018 Page 4 17 Brad Fyle was supportive of requiring more than a single story in the downtown. SAM MURDOFF MOVED TO TABLE ACTION ON THE REQUEST, PENDING ADDITIONAL INFORMATION AS IDENTIFIED BY THE PLANNING COMMISSION AND STAFF REPORT AND CONTINUE THE PUBLIC HEARING. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. 3. Regular Agenda Brad Fyle deferred to the Vice Chair Sam Murdoff to lead the meeting for Item 3A. Fyle stepped down from the dais. A. Consideration of an Appeal of Administrative Decision relating to Chapter 5, Section 1 and Chapter 8, Section 4 for allowable uses Steve Grittman explained that the applicant was seeking a determination on a land use decision for a proposed use on two parcels that operate as a single site. The applicant is remodeling the site to operate as a mixed use development. He stated that the proposed facility would include dance instruction and small meeting space/event/party rental in the B-2 (Limited Business) District. Staff determined that a code amendment would be necessary to accommodate the event portion of the use. The applicant has the opportunity to appeal staff decisions to the Board of Adjustments and Appeals. The Planning Commission makes the determination on such decisions. The applicant is appealing and stating that the use was consistent with the B-2 District standards and should be allowed. Grittman read the applicable B-2 District definitions per the Zoning Ordinance. Grittman encouraged the Planning Commission to call for a Public Hearing to address these areas of the code for better clarity for such uses. Sam Murdoff asked if the Planning Commission granted the appeal now, if it would make challenges for the property in the future. Grittman declined and recommended that the Public Hearing be held at a future meeting and would not impact the decision made for this item. Sam Murdoff asked Brad Fyle to explain the request. Fyle explained that the request was initially reviewed by staff and viewed as potentially viable for the site. When he applied for building permit with the change in use, it was red flagged. He stated that the Zoning Ordinance did not limit the amount of people under the "Public Assembly" use. He stated that the parking would be full two to three days per week and very little parking throughout the rest of the week. Fyle stated that his use should be allowed under "Public Assembly" and that a public hearing for ordinance amendment was not necessary. Murdoff was concerned that allowing this type of use in the B-2 more broadly could potentially lead to this use in undesirable places. Planning Commission Minutes — November 5, 2018 Page 5 17 Marc Simpson asked if the building would need to be sprinkled or non -sprinkled based on the use. Ron Hackenmueller stated that because of the use, the building would not be sprinkled. Sam Murdoff asked if there was an Exhibit Z. Grittman declined, but stated that if approved the resolution should remove "recommending" from the title, as the decision would be to approve. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC -2018-030 APPROVING THE APPEAL FOR THE FYLE BUILDING AT 1549 BROADWAY ST E, BASED ON FINDINGS IN SAID RESOLUTION, AND PURSUANT TO THE CONDITIONS IDENTIFIED IN EXHIBIT Z. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 4-0 WITH BRAD FYLE ABSTAINING. SAM MURDOFF CALLED FOR A PUBLIC HEARING AT THE DECEMBER 4, 2018 FOR AMENDMENT OF THE PERSONAL SERVICES AND PLACES OF PUBLIC ASSEMBLY USES DEFINITIONS. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 4-0. Sam Murdoff turned it back to Brad Fyle to continue the meeting. B. Consideration of the Community Development Directors Report Angela Schumann provided the Community Development Directors Report. Schumann provided an update from the last Planning Commission meeting regarding allowing dynamic displays in residential districts for public and institutional uses. SAM MURDOFF CALLED FOR A PUBLIC HEARING TO AMEND CHAPTER 4.5 SIGNAGE. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 4-1 WITH BRAD FYLE VOTING IN OPPOSITION. Schumann provided an update on the Planning Commission Workplan on completed and in -progress tasks. She asked the commission to provide input on items that they would like to work on for 2019 by November 26. 4. Added Items M, 5. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:47 P.M. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: December 4, 2018 Planning Commission Minutes — November 5, 2018 Page 6 17 Attest: Angela SchumannWom u ity Development Director Planning Commission Minutes — November 5, 2018 Page 7 17