Planning Commission Minutes 05-02-1995
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, May 2, 1995 - 7 p.m.
Members: Chairman Dick Frie, Jon Bogart, Richard Carlson, Rod Dragsten,
Richard Martie
Staff: Jeff O'Neill, Gary Anderson, Wanda Kraemer, Steve Grittman
1. Call to Order.
Chairman Dick Frie called the meeting to order at 7:00 pm.
2. Consideration of adoptine- aflAnda. Consideration of approval of minutes of
the special meeting held April 18. 1995.
Chairman Frie explained that items 6, 7, 8 were not published with the
correct legal description therefore a Special Planning Commission meeting on
May 15th at 6:00 p.m. will be held for the public hearing. Following the
special meeting there will be a joint meeting of the City Council, Planning
Commission, Parks Commission, HRA, School District, Chamber, and various
other groups to discuss the Comprehensive Plan Update and future projects.
Chairman Frie also expressed concern regarding various violations of
conditional use permits and zoning violations. Frie suggested staff compile a
list of the violations, and develop criteria for rating and prioritizing. At the
upcoming meeting the Commission would develop priorities for
action/correction and submit a report to the City Council.
Gary Anderson, Building Official/Zoning Administrator, stated that the city
would need a very aggressive attorney to follow through with the legal
backing needed to enforce the clean up of the violations.
Jeff O'Neill, Assistant Administrator, reported the City Council in the past
has taken the position of addressing violations primarily on a complaint
basis.
JON BOGART MADE A MOTION TO APPROVE THE MINUTES OF THE
APRIL 18, 1995 MINUTES. SECONDED BY RICHARD MARTIE. Motion
passed unanimously.
3.
Public Hearine---Consideration of adoptine- an ordinance amendment
providini' for interim uses. Applicant. fJay Morrell.
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4.
Public Heariue- --Consideration of adoptini' an ordinance amenliment
establishinfl outside storage and interim use in 1-1 and 1-2 zones. Applicant,
J~ Morrell.
5. Public Hearine---Consideration of ~antine- an interim use permit to allow
outAide storage and interim use at Lot 2r Block 3, Oakwood Industrial Park.
Applicant, fJay Morren.
Steve Grittman, City Planner reported that recently, the City had been
approached by a landowner, Jay Morrell owner ofM&P Transport, to allow
the storage of trucks and trailers on an industrial parcel as a principal use of
property. The Zoning Ordinance does not allow outside storage as a principal
use. Outside storage as an allowable use is not necessarily inconsistent with
1-2 uses. As an option for allowing outside storage the Planning Commission
might wish to consider establishing outside storage as an interim use.
The City's zoning ordinance does not have any stated conditions for interim
uses within specific zoning districts. The recent request by Morrell to use the
land for other than the permitted or conditional uses specified brought to the
attention of the City the possibility of accommodating uses of land on a
temporary basis. Ifit can be shown that the use was not incompatible with
the uses of surrounding properties, or conflict with the long term
development interests specified by the City's Comprehensive Plan, an interim
use approach may be appropriate.
Chairman Frie opened the public hearing.
Jay Morrell, owner ofM&P Transport, said he felt that the interim permit
would enhance the industrial park and is a needed use. However, he was
concerned about the conditions the city would require. It would be difficult to
maintain landscaping because water or power available on the vacant lots in
the 1-2 district.
Grittman advised that the commission needed to address the following areas;
establishing the interim use and process in the zoning ordinance, addressing
if outdoor storage is an allowable use, deciding if the interim use be allowed
in both the 11 and the 12 district or only in the 12, issuing or not issuing an
interim use permit to Mr. Morrell. Grittman then displayed an overhead of
the Morrell site for an example and explained the possible general standards
that the planning commission should consider:
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1. Lot dimensions
2. Articulation of vehicle access, including width
3. Minimum required setbacks
4. Extent of surfaced area
5. Parking surface material
6. Fencing, including detail of type of fencing to be used, such as catalog
graphic
7. Screening/landscaping, planting types identified
8. Drainage pattern
9. Other features significant to the site.
Morrell stated that he was concerned that the city was requiring too many
conditions for the area. He thought the gravel surfaced was reasonable, but
the fencing would be very costly and grass impossible to maintain because
water is not available.
Richard Carlson, Planning Commissioner, questioned if the process should
have been a request and expense of the city not Morrell.
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Jeff O'Neill, Assistant Administrator, explained that Morrell had made the
initial request for outdoor storage and it was during this process that an
interim permit was discussed.
Bill Seefeldt, Electro Industries, questioned how Morrell's request was
different from the parking lots in the business district, that are not on same
parcel as the business but are used for parking.
Grittman explained that Morrell is requesting storage not parking. The city
ordinance does not allow storage in an industrial area. The parking lots are
used daily but vehicles are not kept there overnight.
Marilyn Seefeldt, IDC, thought that screening is unrealistic. The area is not
a high traffic area and the storage would be hard to see from the road.
Morrell stated that each case should be handled on an individual basis. On
his property it would be hard for the trailers to be seen because of the
setback distance from the road. This would be different, however, if the
property were a cul-de-sac or in an area that had visibility from the road.
Chairman Frie closed the public hearing.
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After a discussion on the commission agreed that each interim permit would
negotiated on an individual basis.
JON BOGART MADE A MOTION ESTABLISHING AN ORDINANCE
AMENDMENT PROVIDING FOR ADMINISTRATION OF INTERIM USES
AND ALLOWING OUTDOOR STORAGE AS A USE IN THE 1-2 DISTRICT
BASED ON THE FOLLOWING CONDITIONS:
1. A SPECIFIED TERMINATION TO DATE IS
DOCUMENTED.
2. THE APPLICABLE REQUIREMENTS OF CHAPTER 3,
SECTION 2, GENERAL BUILDING AND
PERFORMANCE REQUIREMENTS ARE MET.
3. THE PERMIT PROHIBITS THE PARKING OF
AUTOMOBILES.
4. THE PERMIT SPECIFIES A GRAVEL SURFACE,
SUITABLE FOR THE PARKING OF TRUCKS.
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THE PERMIT SPECIFIES THAT THE INTENSITY OF
VISUAL SCREENING SHALL BE RELATED TO THE
LOCATION AND NATURE OF THE STORAGE AND
THE DURATION OF THE INTERIM USE.
6. THE PERMIT SPECIFIES THE APPROPRIATE
SETBACKS OF NECESSARY FENCING AND/OR
SETBACKS OF STORAGE SHALL BE RELATED TO
THE LOCATION AND NATURE OF THE STORAGE
AND THE DURATION OF THE INTERIM USE.
SECONDED BY DICK MARTIE. Motion passed
unanimously.
5.
The Commission then discussed if Jay MOlTell should be granted a interim
use permit on the information that was received or did he need to work with
city staff and return at a later date. It was decided that there was enough
information to proceed.
Steve Grittman, City Planner, noted that a contract with the developer
should be prepared based on the decision and associated site plan as
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approved by the City Council.
DICK MARTIE MADE A MOTION TO GRANT JAY MORRELL THE USE
OF AN INTERIM PERMIT WITH THE FOLLOWING CONDITIONS:
A. OUTDOOR STORAGE OF TRUCKS AND TRUCKING EQUIPMENT,
PROVIDED THAT:
1. A SITE PLAN IS COMPLETED BY THE
APPLICANT THAT SHOWS LAYOUT OF AREA.
2. THE SETBACK DISTANCE SHOULD BE 1/2 THE
DISTANCE OF THE PROPERTY, STARTING AS
FAR BACK AS POSSffiLE AND FILL IN TO THE
1/2 WAY MARK.
3. THE PERMIT WILL BE ISSUED FOR A TIME
LIMIT OF FIVE YEARS.
4. A GRAVEL SURFACE IS REQUIRED.
SECONDED BY RICHARD CARLSON. Motion passed unanimously.
6.
Public Hearine---Consideration of a variance reQ.Uest to the side yard setback
requirement for driveway. Location Block 23, Lots 8 and 9, Oriilnal Plat.
Applicant, Eue-ene Bauer.
7.
PlJ.blic Hearine---Consideration of a conditional use permit which would allow
t}vo 3-unit townhome buildlnis in an R-2 district. Location: Block 23, Lots 7,
8, 9, and 10, Oriltinal Plat. Applicant, Eu~ene BRuer.
8.
Public Hearilli--Consideration of a prelimlnRt:')" plat request to subdivide an
existin~ plat of residential lots into two 3-unit townhome bnildinl1lots into a
residential subdivision known as Pinehurst. Location: Block 23, Lots 7, 8, 9,
and 10, Ori~nal Plat. Applicant, Eue-ene Bauer.
Item 6, 7, and 8 were postponed because of an incorrect legal
description that was printed in the newspaper. The public hearing
will be held at a Special Planning Commission meeting May 15th at
6:00 p.m.
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9.
Public Hearine---Consideration of an amennment to the Monticello Zonine-
Ordinance that would amend Ch~ter 3-9 (C) by chan~n~ the si~ setback
from 15 feet to 50% of the buildin~ setback applicable in the zonin~ diAtrict or
15 ftr whichever is less. Applicant, Monticello Plannin" Commlssion.
Steve Grittman, City Planner, reported that at the last meeting, the
Planning Commission discussed the issue of the non-conforming
freestanding sign at the Cedar Street Garden Center. It was
suggested that the sign setback requirements in the B-4 District were
inconsistent with the building setback requirements. This is related to
the portion of the sign regulations which require pylon signs to be
setback from the property line a distance of 15 feet, while buildings in
the B-4 District may be constructed with a zero setback. The Planning
Commission's consensus was to address the sign setback requirements
in the B-4 District as a commwrity ordinance issue, rather than an
issue directly related to the Garden Center Conditional Use Permit.
The sign section of the Zoning Ordinance is currently in conflict with
itselfin regard to its setback requirements. Grittman recommend an
amendment to the Ordinance which corrects the inconsistences, and
clarifies the treatment of pylon signs in B-4 District.
Chairman Frie opened the public hearing. There being no discussion
Chairman Frie closed the hearing.
ROD DRAGSTEN MADE A MOTION FOR AN ORDINANCE AMENDING
TITLE 10, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
MONTICELLO, CHAPTER 3.9, GENERAL PROVISIONS RELATING TO
SIGNS, BY REGULATING THE ALLOWABLE SETBACKS FOR PYLON
SIGNS AND SIGNS OVER TWO SQUARE FEET IN AREA AS FOLLOWS:
SECTION 3-9 (C) SUBD. 7, IS HEREBY AMENDED TO READ AS
FOLLOWS:
7.
IN ANY DISTRICT, ANY PORTION OF ANY SIGN
EXCEEDING TWO (2) SQUARE FEET SHALL BE SET
BACK A DISTANCE EQUAL TO FIFTY PERCENT (50%)
OF THE REQUIRED BUILDING SETBACK FOR THAT
DISTRICT AS DEFINED IN SECTION 3.3 (C) OF THE
MONTICELLO ZONING ORDINANCE, AS MAY BE
AMENDED.
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SECONDED BY DICK MARTIE. Motion passed unanimously.
10.
Adjournment.
DICK MARTIE MADE A MOTION TO ADJOURN THE MEETING.
SECONDED BY JON BOGART.
Respectfully submitted,
tJ~ f~
Wanda Kraemer
Development Services Technician
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