Planning Commission Minutes 01-07-1992
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, January 7, 1992 - 7:00 p.m.
Members Present:
Jon Bogart, Richard Carlson, Cindy Lemm
Members Absent:
2.
3.
Dan McConnon and Richard Martie
Staff Present:
Gary Anderson and Jeff O'Neill
1.
The meeting was called to order by Acting Chairperson, Cindy
Lemm, at 7:10 p.m.
A motion was made by Jon Bogart and seconded by Richard
Carlson to approve the minutes of the regular meeting held on
December 3, 1991. Motion carried unanimously.
Consideration of adopting a resolution adopting findings and
conclusions supporting establishment of zoning ordinance
amendments governing adult land uses.
Mr. Jeff O'Neill, Assistant Administrator, reviewed the
background of adopting a resolution adopting findings and
conclusions supporting the establishment of zoning ordinance
amendments governing adult land uses. In his presentation, he
reviewed each section of the table of contents of the agenda
supplement:
1)
In the Staff Report, O'Neill highlighted that the
proposed ordinance amendment is similar to the
ordinance amendment provided by Northwest
Associated Consultants, Inc., to the City of
Buffalo.
2)
Exhibit A contained a detailed listing of regional,
state, and national studies which have been
conducted on adult land uses and their impact.
These studies provide a basis of actions which the
City can take in the regulation of adult land uses.
The Planning Commission has reviewed a number of
these studies during the process of establishing
the adult uses ordinance amendment.
3)
Exhibit B is the proposed ordinance amendment,
which is divided into two subsections, the
definition and general provisions. The proposed
definition section of the zoning ordinance does,
however, take a somewhat unique approach in that
the principal and accessory adult land uses are
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Planning Commission Minutes - 1/7/92
distinguished as differing types of acti vi ties.
The general provisions section text amendment is
proposed to provide the first element of the use of
directives. These provisions are applicable to all
adult uses regardless of the specific district in
which they are located.
4)
Exhibit C is the map showing the areas
opportunity for adult use/principal. It
determined that the I-2 district provided the
appropriate zone to accommodate adult
classified as the principal activity.
of
was
most
uses
5) Exhibi t D is the ordinance amendment requiring
licensing of adult use businesses.
6) O'Neill reviewed Exhibit E, which is the resolution
adopting findings and conclusions supporting the
establishment of zoning ordinance amendments
governing adult land uses.
7)
O'Neill reviewed Exhibit F, which is the Planning
Report submi tted by Northwest Associated
Consultants, Inc.
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O'Neill went on to further review the licensing requirements
that would be required if the City chose to license businesses
as an accessory use for the display, rental, or selling of
video or other adult use materials.
O'Neill explained the application process for obtaining an
adult use business license. He noted license fees are $50 for
accessory use and $250 for principal use. He also explained
eligibility for the licensing process and noted that item #2
in the licensing ordinance refers to applicants who have been
convicted of a felony. In this case, if someone had been
convicted of a felony, he/she would. not be eligible for a
license application.
Acting Chairperson, Cindy Lemm, then opened the meeting for
input from the public.
Cheryl Wolf, part owner of the A-V Room video store, explained
that she felt the existing video stores should be
grand fathered in and should be allowed to continue to operate.
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Mr. John Klippen, Cheryl Wolf's attorney, questioned the
accessory use as proposed in the licensing requirements.
Mr. Klippen explained the public's concern with these types of
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Planning Commission Minutes - 1/7/92
materials being available in convenience stores. Mr. Klippen
also questioned where the figure of 10% of the building floor
area came from. O'Neill explained that 10% was the total area
within the building floor area that could be used for adult
use materials. Any more than 10% of the floor area dedicated
for such use would constitute an activity that is a principal
use.
Mr. Al Loch noted that he would like to have it on record as
a positive statement for the establishment of an adult land
use ordinance, and he had no problem with the figure of 10% of
the building floor area for adult use/accessory materials.
Acting Chairperson, Cindy Lemm, then closed the public hearing
and opened the meeting for input from the Planning Commission
members.
The commission felt that accessory use licensing annually is
applicable.
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A question was raised with annexation. If our 2.35% of total
land area dedicated for adult use principal is reduced, what
happens? O'Neill explained that we could create a new zone,
possibly in the "B" zoning district, like a B-3A zone, which
would be land just west of our existing 1-2 land just west of
East Oakwood Drive.
The commission discussed requesting the City Attorney for his
advice on the section of the license application regarding
felony convictions and what type of felonies would be
considered for rejection of the application.
A motion was made by Richard Carlson and seconded by Jon
Bogart, to adopt a resolution (Exhibit E) adopting findings
and conclusions supporting establishment of zoning ordinance
amendments governing adult land uses. Staff will also check
with the City Attorney on further clarification of the felony
conviction section of the licensing application. Motion
carried unanimously.
SEE PLANNING COMMISSION RESOLUTION 1992-1.
A motion was made by Jon Bogart and seconded by Richard
Carlson to establish a licensing requirement as presented in
Exhibit 0 and to have Section E-2 reviewed by the City
Attorney and the City staff regarding the existing business of
Jim and Cheryl Wolf to be utilized under the grandfather
clause. Motion carried unanimously.
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Planning Commission Minutes - 1/7/92
4.
Continued Public Hearinq--Consideration of a conditional use
permit allowinq expansion of a medical office and clinic in a
PZM (performance zone mixed) zone. Applicant, Mortenson
Construction Company.
Jeff O'Neill explained that there had been no further
information submitted and asked that the public hearing be
continued.
A motion was made by Richard Carlson and seconded by Jon
Bogart to continue the public hearing to the next regularly
scheduled meeting on February 4, 1992. Motion carried
unanimously.
5. Continued Public Hearinq--Consideration of a variance to the
parkinq desiqn standards by allowinq development of a parking
lot with eiqht stalls less than the total stalls (93) required
by ordinance. Applicant, Mortenson Construction Company.
Jeff O'Neill explained that we had received no further
information from them and asked that the public hearing be
continued until the next regularly scheduled meeting on
February 4, 1992.
A motion was made by Richard Carlson and seconded by Jon
Bogart to continue this public hearing until the next
regularly scheduled meeting on February 4, 1992. Motion
carried unanimously.
Additional Information Items
1.
Consideration of amendments to the Monticello Zoning Ordinance
relating to the definition of adult uses and general
provisions for adult uses. Applicant, City of Monticello.
Council action: No action required, as the request did not
come before them.
2.
Public Hearing--Consideration of a conditional use permit
allowing expansion of a medical office and clinic in a PZM
(performance zone mixed) zone. Applicant, Mortenson
Construction Company. Council action: No action required, as
the request did not come before them.
Public Hearing--Consideration of a variance request to the
parking design standards by allowing development of a parking
lot with eight stalls less than the total stalls (93) required
by ordinance. Applicant, Mortenson Construction Company.
Council action: No action required, as the request did not
come before them.
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Planning Commission Minutes - 1/7/92
4.
It was the consensus of the commission members to set
February 4, 1992, 7:00 p.m., as the next Monticello Planning
Commission meeting.
5.
A motion was made by Richard Carlson and seconded by Jon
Bogart to adjourn the meeting. The meeting adjourned at
8:19 p.m.
Respectfully submitted,
~44" ~.M2J
Gary Anderson
Zoning Administrator
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