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Planning Commission Minutes 04-08-1992 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, April 8, 1992 - 7:00 p.m. Members Present: Richard Martie, Jon Bogart, Richard Carlson, Cindy Lemm Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:00 p.m. 2. A motion was made by Jon Bogart and seconded by Richard Carlson to approve the minutes of the regular meeting held March 4, 1992. Motion carried unanimously. 3. Public Hearing--A variance request to allow construction of a house and qaraqe on a lot with less than the minimum lot square footage. Applicant, Ed Kruse. Jeff O'Neill, Assistant Administrator, explained that upon further research of the ordinance, it was found that an existing lot of record can be built upon if it is 75% of the required minimum lot size. The minimum lot size was 10,890 sq ft, and Mr. Kruse's lot is more than 75% of the lot square footage at 8,168 sq ft. Therefore, no variance is necessary. 4. Public Hearinq--A conditional use request to expand a bowling alley facility in an I-I (light industrial) zone. Applicant, Al Joyner. Assistant Administrator O'Neill reviewed Mr. Joyner's request to expand the use at his existing bowling alley facility for two volleyball courts with a deck between them. The decks will be connected to the entrance of the building and will be used as a lounge/eating area and viewing area for the volleyball activities. Surrounding the volleyball courts will be a 6-foot high wood fence with a net extension attached. According to the zoning ordinance, the expansion/ intensification of a non-conforming use cannot be allowed without the facility being brought into conformance with the zoning ordinance. Mr. Joyner's site has a sign system which exceeds the maximum sign square footage allowed and also has a temporary sign that may be construed as a pylon sign not being supported on a permanent lean post or post. The landscaping for the entire site also needs to be brought into conformance. Cindy Lemm then opened the public hearing. Page 1 . . . Planning Commission Minutes - 4/8/92 Mr. Joyner commented on the landscaping requirements being too excessive with a tree size of 2-1/2" in diameter, as these are very large and expensive trees. Mr. Joyner stated he is willing to plant trees but not of that size. Mr. Joyner asked that Planning Commission members review his request to expand the bowling alley facility later in the meeting, as there were other people in attendance to have their matters heard, and he did want to interrupt the meeting process and asked to have the Planning Commission members consider his request later in the agenda. 5. Public Hearinq--A conditional use request to allow auto body repair shop in a B-3 (hiqhway business) zone. Applicant, John Johnson. Gary Anderson, Zoning Administrator, explained Mr. Johnson's request to construct a building with an auto body related use, but it would be of the nature of an automobile detailing shop, one that installs pin striping on automobiles, sun roofs, visors, and other auto accessory related items. Gary Anderson reviewed the ten conditions associated with the conditional use permit. Mr. Johnson indicated that the site would comply with all ten conditions. Acting Chairperson, Cindy Lemm, then opened the public hearing. Mr. Jeffrey Wallace, partner in the new Hart Memorial Clinic project just north of this proposed project site, explained that he was not opposed to the project but wanted the minimum requirements of the ordinance to be met with no variances or deviations from the ordinance with this request. O'Neill further reiterated to the public that Mr. Johnson was intending to develop it according to the minimum requirements of the ordinance, which includes the ten conditions that are listed under the conditional use permit. Mr. Johnson addressed the building's location on the proposed si te, with the walls of the proposed building to be vinyl siding and a breakup of vinyl siding with other sidings so as not to be dissimilar with the other buildings that have been constructed in this area. Acting Chairperson, Cindy Lemm, then closed the public hearing and asked for further comments from Planning Commission members. Commission members felt that the proposed use, even though it is less than what the use would be if there was an auto body repair shop there, had been thoroughly reviewed previously, and the ordinance amendment, along with the ten conditions, is very appropriate for this use also. Page 2 . . . Planning Commission Minutes - 4/8/92 There being no further input from the Planning Commission, a motion was made by Richard Martie and seconded by Richard Carlson to approve the conditional use request to allow auto body repair shop in a B-3 (highway business) zone. Motion is to include that the applicant develop his site according to all ten conditions included under the conditional use permit with an additional condition that approval is for Parcel B only. Motion is based on the finding that the proposed development is consistent with the character of the B-3 district. Motion carried unanimously. 6. Public Hearinq--A request for an ordinance amendment private retractable antenna tower to be allowed condi tional use in a PZM (performance ZOne mixed) Applicant, Tom Ware. to add as a zone. Jeff O'Neill, Assistant Administrator, reviewed Tom Ware's request to construct a retractable antenna tower, which he uses for short wave (ham) radio operation. Mr. Ware currently operates a ham radio station at his home on the shores of Big Eagle Lake. 0' Neill showed a video tape of the site where the antenna tower is presently located for the purpose of providing the Planning Commission with perspective on how it might look at the proposed site. O'Neill explained the conditions that would be applicable in an ordinance amendment which would allow as a conditional use radios, antennas, and other communication transmission devices provided they meet nine conditions. O'Neill reviewed each condition in his presentation. Acting Chairperson, Cindy Lemm, then opened the public hearing. Tom Ware explained that he is proposing to purchase a house near the Monticello Public Works facility and move his existing radio antenna tower to this site. Prior to purchasing the property, Mr. Ware would like to go through the ordinance amendment process and conditional use process prior to purchasing the home. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for further input from the Planning Commission members. Commission members discussed the proposed location of the antenna, the antenna maximum height of 58 feet, and if the antenna should fall that it wouldn't fall onto neighboring properties. The likelihood of the antenna being fully elevated during a storm in which it could fall is highly unlikely, as the antenna is retracted during severe weather. Page 3 Planning Commission Minutes - 4/8/92 . Commission members also were concerned about the ladder which is mounted on the antenna tower. There being no further input from the Planning Commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the zoning ordinance amendment allowing radio antennas and other communication transmission devices to be allowed in a PZM zone as a conditional use. The motion is based on the finding that the proposed use in the PZM zone is consistent with the character and geography of the PZM zone, and there is a demonstrated need for such use. Motion carried unanimously. 7. Public Hearinq--A conditional use request to allow a private retractable antenna tower to be allowed in a PZM (performance zone mixed) zone. Applicant, Tom Ware. Assistant Administrator O'Neill explained that most of the information was given in the previous agenda item. Since the Planning Commission members have approved the ordinance amendment, they must now consider Mr. Ware's conditional use permit request. Acting Chairperson, Cindy Lemm, then opened the public hearing. . Mr. Ware commented that he would build a screening fence around the tower and would also install a lock on the gate to enter the fenced-in area, but he would like to have the location near his house. He also would like the tower ladder left down and leaned against the tower permanently. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for further input from the Planning Commission members. Planning Commission members felt uncomfortable with the ladder being left permanently rested against the antenna tower and also felt uncomfortable with the proposed location on the lot. There being no further input from Planning Commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the conditional use permit allowing development of a 58-foot retractable radio antenna in a PZM zone. The motion is based on the finding that the proposed radio tower structure and operation is consistent with the conditions as required by ordinance; therefore, the request should be approved. The following conditions were also attached to the existing conditions as listed in the ordinance amendment: . 1. The area of the antenna tower is to be fenced in with a 100% opaque screening fence with a locked gate. Page 4 . . . Planning Commission Minutes - 4/8/92 2. The ladder is to be removed from the antenna tower when it is not being used to service or maintain the tower. Motion carried unanimously. Planning Commission members reviewed briefly the applicants' preliminary plans. At the recommendation of Assistant Administrator O'Neill, Planning Commission acted to table formal consideration, as the preliminary plat information is not complete and thoroughly reviewed by staff. 8. Public Hearing--A variance request to Section 20-2-C of the Monticello Zoning Ordinance which requires that a planned unit development include an area of at least 3 acres. Applicant, Investors Together. Acting Chairperson, Cindy Lemm, opened the public hearing. A motion was made by Richard Carlson and seconded by Richard Martie to continue the public hearing and table consideration of the variance request to Section 20-2-C of the Monticello Zoning Ordinance which requires a planned unit development to include an area of at least 3 acres until the next regularly scheduled meeting of May 5, 1992. Motion carried unanimously. 9. Public Hearinq--A replattinq request to subdivide Outlot A of the East View residential subdivision. Applicant, Investors Together. Acting Chairperson, Cindy Lemm, opened the public hearing. A motion was made by Richard Carlson and seconded by Jon Bogart to continue the public hearing and table the replatting request to subdivide Outlot A of the East View residential subdivision to their next regularly scheduled meeting on May 5, 1992. Motion carried unanimously. 10. Public Hearinq--A conditional use request allowing a townhouse development in an R-2 zone. Applicant, Investors Together. Acting Chairperson, Cindy Lemm, opened the public hearing and asked for a motion from Planning Commission members. A motion was made by Richard Martie and seconded by Jon Bogart to continue the public hearing and table the conditional use request allowing a townhouse development in an R-2 zone until the next regularly scheduled meeting on May 5, 1992. Motion carried unanimously. Page 5 . . . 4. Planning Commission Minutes - 4/8/92 11. Continued Public Hearinq--A variance request to allow construction of a warehouse building within the front, rear, and side yard setback requirements. Applicant, J .M. Oil Company. 0' Neill updated Planning Commission members on the progress of the finding that the site will probably be monitored for any soil contamination prior to any action being taken. He will report back to them with any further development at the next regularly scheduled meeting. A motion was made by Jon Bogart and seconded by Richard Carlson to continue the public hearing. Motion carried unanimously. Public Hearinq--A conditional use request to expand a bowling alley facility in an I-1 (light industrial) zone. Applicant, Al Joyner. continued from earlier in the meeting... Planning Commission members discussed further Mr. Joyner's request to allow expansion of his bowling alley facility. Planning Commission members were concerned about full requirement of the landscaping requirement in regard to the number of trees that are to be planted. Mr. Joyner would be requested--to plant a minimum of 36, 2-1/2" caliber overstory trees. Planning Commission members felt that this is quite a number of trees to be planted taking into consideration the location of these trees on his proposed site given the small magnitude of the intensification of use. City staff recommended to Planning Commission members that they could consider the option of requiring only 50% overs tory trees with a combination of shrubs and other small plantings to complement the other 50% tree planting requirement. O'Neill put the site plan on the overhead projector and drew some areas for tree locations and for planting of shrubs around the fenced area of the proposed volleyball courts. Public hearing was closed. There being no further input from the Planning Commission members, a motion was made by Jon Bogart and seconded by Richard Martie to grant approval of the conditional use permit request allowing expansion of a bowling alley in an I-1 zone subject to the following conditions: 1. The facility must be brought into compliance with the existing codes pertaining to signage and landscaping. The motion is based on the finding that the conditional use permit as requested is consistent with the geography and character of the area, and the development of the volleyball courts will not depreciate the value of the adjoining Page 6 . . 4. . Planning Commission Minutes - 4/8/92 properties. Planning Commission is comfortable with the expansion of the facility; however, in keeping with the ordinance, Planning Commission is requiring that the areas of non-conformity be brought up to code with three additional conditions: 1. City staff is to work with Mr. Joyner to create a landscaping plan which is equivalent to the 50% overstory tree requirement. 2. The gate for the dumpster is to be refastened so it can be closed. 3. The handicapped signage is to be changed in the existing parking lot to a location near the east entrance doors. Motion carried unanimOUSly. Additional Information Items 1. Discussion of a proposal for an ordinance amendment to allow outdoor sales, minor repair, and major repair in a B-2 (limited business) zone. Applicant, Monticello Boat Works. Assistant Administrator 0' Neill explained that a representati ve of the applicant was not present. He explained their proposal for an ordinance amendment for the next regularly scheduled meeting in May. Their proposal is to be allowed to operate a boat works facility in the existing zone. This activity is not allowed in the B-2 zone. Various zoning ordinance amendments would be required for this land use to be legal. City staff will work with the representatives of the Monticello Boat Works prior to their proposed public hearing to be scheduled at the next regularly scheduled meeting on May 5, 1992. 2. A variance request to allow construction of a warehouse building within the front, rear, and side yard setback requirements. Applicant, J.M. Oil Company. Council action: No action required, as the request did not come before them. 3. Consideration of approval of a preliminary plat of phase II of the Cardinal Hills residential subdivision plat. Applicant, Value Plus Homes. Council action: Approved as per Planning Commission recommendation. A rezoning request to rezone an unplatted tract of land to be platted as phase II, Cardinal Hills residential subdivision plat, from AO (agriculture-open space) to R-1 (single family residential) zoning. Applicant, Value Plus Homes. Council action: No action required, as the request did not come before them. Page 7 . . . Planning Commission Minutes - 4/8/92 5. Consideration of approving amendments to the zoning map of Monticello proposed in conjunction with the Chelsea Area Planning Study changing the Thomas Park area zoning from B-2 (limited business) to I-I (light industrial). Council action: No action required, as the request did not come before them. 6. It was the consensus of the Planning Commission members to set May 5, 1992, 7:00 p.m., as the next Monticello Planning Commission meeting. 7. A motion was made by Richard Martie and seconded by Richard Carlson to adjourn the meeting. The meeting adjourned at 9:44 p.m. Respectfully submitted, ~~ Gar And rson Zoning Administrator Page 8