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Planning Commission Minutes 09-25-1995 (Special Meeting) . . . MINUI'ES SPECIAL MEETING. MONTICELLO PLANNING COMMISSION Monday, September 25 1995, . 5:30 p.m. Members Present: Dick Frie, Richard Carlson, Jon Bogart, Dick Martie, Rod Dragsten Members Absent: Jon Bogart Staff Present: Jeff O'Neill, Gary Anderson, Steve Grittman, Wanda Kraemer 1. Call to order. Meeting called to order by chairman Frie.5:30 ending by 6:45 2. Public Hearing--Consideration of a reqJ.1est for a variance to the front, side, and rear setback reQ..Uirements for a planned unit development in an R-2 zone. Location is Prairie West Subdivision. Applicant, tJohn Komarek. 3. Public Hearing--A Consideration of approval of a conational use permit that would allow a planned unit development in an R-2 zone. Location is Prairie West Subdivision. Applicant, John Komarek. 4. Public Hearing--Consideration of preliminary plat approval of a replat of the Prairie West Subdivision. Location is Prairie West Subdivision. Applicant, John Komarek. Commissioner Carlson abstained from items No.2, 3, and 4 concerning the Prairie West Subdivision. JetfO'NeiIl, Assistant Administrator, reported that the developers of the proposed Prairie West Townhomes project have submitted a request for preliminary plat approval. This request includes an applicant for a Planned Unit Development (PUD) as well as variances from the perimeter lot lines on all sides of the project. This project has been reviewed at concept level by the Planning Commission toward the objective of identifying design and physical elements which would, or would not, justify the granting of the PUD and variances. Discussion by the Planning Commission indicated that some flexibility to the perimeter setbacks might be justified by the fact that the property is subject to existing improvements which limit the use of the remaining land. The proposed project consists of twelve dwelling units to be developed in six twinhome structures. They are to be grouped around the existing cul-de-sac, "Broadway Circle" with a series of driveway accessing the individual garages. The PUD is intended to provide flexibility in the City's zoning standards toward the goal that by granting the flexibility, a developer is able to achieve a superior project to that which would have resulted from a Page 1 Planning Commission Minutes - 09/25/95 . strict adherence to the Zoning Ordinance's performance standards. Thus, in order to recommend the use of PUD, the Planning Commission needs to make a finding the altered design achieves this objective, or PUD is not being used appropriately. A pun is not intended to be used to merely shortcut the Zoning Ordinance, or to avoid the finding of hardship in variance cases. As a result, perimeter setbacks are typically applied to pun projects, but "interior" setbacks are not. Perimeter setbacks would be those which affect the projects exposure to public streets or adjoining private property. In the case of the Prairie West Subdivision these issues are not clear. With regards to hardship, the Planning Commission might find that due to the configuration of the property, the improvements already in place, there would be a true hardship in complying with all setbacks. Particularly along the east property line, the lot depth is less than 110 feet. Once the required setbacks are taken, there would be less than 50 feet of buildable area. On the other hand, the Planning Commission could find that the existing improvements and plat design were put in place by the current owners, thus any hardship was merely economic in nature. . The applicant is requesting approvals for three applications: (1) Variance to the setback standards on all sides; (2) Planned Unit Development to allow flexibility in the interior arrangement of the buildings and driveways; and (3) Preliminary Plat. O'Neill added that the Monticello School Superintendent was concerned about the setback next to the school property. Chairman Frie opened the public hearing. Peg Hanawalt, neighbor to the west of property, I have had a drainage problem every since they started filling in the Prairie West property. I get water in my basement everytime it rains which has ruined my carpet. O'Neill explained that the City Engineer did review the drainage plan and did recommend that something be done. There was an offer to settle this problem. There was material moved on the Prairie West site and in the day care area. O'Neill stated that the problems at the day care are a separate issue and should be addressed at another time. Steve Johnson, neighbor, stated that he thought the project was too dense for the site. This project is pushing to the upper limits but if only 10 units were allowed instead of 12 the code requirements could be met. . Chairman Frie stated that he had not heard concerns about the intent, costs, or style of the twin homes. This is an area that does need to be dressed up Page 2 Planning Commission Minutes - 09/25/95 -. but at the same time stay within the zoning ordinance. Candy Johnson, neighbor, Btated that she has been to meetings before about this Bite and is not againBt the development but is concerned with the setbacks and density. There is no guarantee that the land will not be developed by the school. A ballfield could be located within 12 feet of the development. Traffic is also an iSBue that should be studied. GrittmaD anBwered that the traffic in that area has been considered. John Komarek explained that this was his third meeting with the Planning Commission. He had met with them twice before with the sketch plan. There are many restrictions with this property because of the shape of the site, the large pavement area of the cul-de-sac, and the easement areas. The cost of the units would be $130,000-$160,000. Komarek stated that he planned on having the area landscaped more than required. The outlot would be left for snow removal, parking, and green space. In the future, if this is not needed for these items it will be developed. Commissioner Frie closed the public hearing. . Commissioner Martie asked how the setbacks would differ if Broadway Circle was vacated to a private street from a public street. O'Neill explained that this would provide more room for the buildings to push forward, but then if it as aesthetically pleasing will be the decision. The Commissioners all had concerns that granting the variance will set a precedent for future development. Grittman explained also that the interpretation of the setbacks will depend on the way the Commission views the site. The plat is usually looked at as a whole and if the building are facing different directions within the development they are still subject to the front, side, and rear setbacks of the overall site. COMMISSIONER MARTIE MADE A MOTION TO DENY THE VARIANCE REQUESTS WITH THE EXCEPTION OF THE PROPOSED 15' REAR SETBACK FOR LOTS 5 & 6 AND THE 25' REAR SETBACK FOR LOTS 7 & 8 ALONG THE RAILROAD PROPERTY. SECONDED BY CHAIRMAN FRIE. DENIED BY DRAGSTEN. Motion passed. . COMMISSIONER MARTIE MADE A MOTION TO APPROVE A CONDITIONAL USE PERMIT THAT WOULD ALLOW DEVELOPMENT OF A PUD IN AN R-2 ZONE PROVIDED THAT BROADWAY CIRCLE IS Page 3 . . . Planning Commission Minutes - 09/25/95 VACATED AND CONDITIONS OF THE PUD ARE MET. SECONDED BY ROD DRAGSTEN. Motion passed unanimously. COMMISSIONER MARTIE MADE A MOTION TO APPROVE THE PRELIMINARY PLAT APPROVAL SUBJECT TO CHANGES AND VACATION OF BROADWAY CIRCLE OF THE REPLAT OF THE PRAIRIE WEST DNISION. SECONDED BY ROD DRAGSTEN. Motion passed unanimously. 5. Continued Public Hearini--Consideration of a variance to the front yard setback requirement for a PUD in an R-2 zone. Location is Klein Farms, Outlot A. Applicant, Swift Construction. 6. Continued Public Hearini--Consideration of approval of a conditional use permit that would allow a PUD in an R-2 zone. Location is Klein Farms, Outlot A. Applicant, Swift Construction. 7. Continued Public Hearin&:,--Consideration of preliminary plat approval of the Klein Farms Subdivision. Location is Klein Farms, Outlot A. Applicant, Swift Construction. Jeff O'Neill, Assistant Administrator, reported that the Planning Commission is requested to consider action that would allow development of nine townhome structures at Outlot A of the Klein Farm Development. This is a sensitive transition zone between an industrial area to the north and a single family housing development to the south. The homes will be owner- occupied and served by an internal private street. The development represents an improvement over the original plans for this area which originally suggested a higher density rental townhouse development. At the last meeting the Planning Commission identified problems with the requirements of the buffer yard and tabled further consideration until the plan was amended. The original plan included a berm for the purpose of obtaining a 50% credit against required landscape planting. The plan was rejected because the height of the berm was not 5 ft above the elevation of the garage floor slab. The revised plan corrects this problem but fills in the drainage swale. Chairman Frie opened the public hearing. Terry Hartman, developer, showed a diagram on the overhead and explained that the variance being requested in the front yard is to allow the houses to move closer to street thus creating more yard in the back of the house along the industrial area. Because of the screening requirements Hartman felt the backyards were too small. Page 4 . Planning Commission Minutes - 09/25/95 Norm Wells, developer, stated that the amount of landscaping required will be too close together for the trees to grow. The Commission discussed the variance and decided granting the variances could cause a precedents on future development along the industrial zone. COMMISSIONER DRAGSTEN MADE A MOTION TO DENY THE VARIANCE REQUEST TO THE FRONT YARD SETBACK REQUIREMENT FOR A PUD IN AN R-2 ZONE BASED ON THE FINDING THAT NO HARDSHIP WAS SHOWN. SECONDED BY DICK MARTIE. Motion passed unanimously. COMMISSIONER DRAGSTEN MADE A MOTION TO APPROVE A CONDITIONAL USE PERMIT THAT WOULD ALLOW A PLANNED UNIT DEVELOPMENT IN AN R-2 SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SITE PLAN MUST BE CONSISTENT WITH SETBACK REQUIREMENTS AS DETERMINED BY PLANNING COMMISSION/CITY COUNCIL. 2. THE DRAINAGE SW ALE ALONG THE REAR LOT LINE MUST NOT BE FILLED, OR THE DEVELOPER MUST WORK WITH THE CITY TO INSTALL A STORM SEWER LINE AT THIS LOCATION. . 3. LANDSCAPING BE REVIEWED AN APPROVED BY CITY STAFF. 4. LANDSCAPED PLANTINGS OR LOW MAINTENANCE GROUND COVER MUST BE PLANTED IN AREAS WHERE BERM GRADES EXCEED 3 TO 1 SLOPE. 5. UTILITY PLAN BE APPROVED BY THE CITY ENGINEER. 6. A UTILITY EASEMENT MUST BE PROVED WHICH WOULD ALLOW ACCESS TO THE INTERNAL WATER AND SEWER MAINS SERVING THE SITE, AND THE DEVELOPMENT AGREEMENT AND association BYLAWS MUST STATE THAT THE ASSOCIATION IS RESPONSIBLE FOR PAYING FOR REPAIRS TO ANY STRUCTURE (SIDEWALKS, STREETS, CURB, TREES, ECT.) THAT IS DAMAGED IN THE PROCESS OF UTILITY MAINTENANCE ACTNITY. 7. THE CITY MUST BE GRANTED A STORM SEWER EASEMENT IN THE STORM WATER PONDING AREA LOCATED EAST OF THE SITE. TO AVOID LONG-TERM MAINTENANCE PROBLEMS FOR . Page 5 Planning Commission Minutes - 09/25/95 . THE ASSOCIATION AND TO ENHANCE THE ENVIRONMENT, REQUIRE ESTABLISHMENT OF A CONTRACT BETWEEN THE DEVELOPER AND A NATIVE GRASSES RESTORATION FIRM FOR HT PURPOSE OF ESTABLISHING WETLAND CHARACTERISTICS IN THE STORM WATER BASIN. 8. ESTABLISHMENT OF AN ASSOCIATION AND BYLAWS AS PRESCRIBED BY ORDINANCE. SECONDED BY COMMISSIONER DRAGSTEN. Motion passed unanimously. CONSIDERATION OF A PRELIMINARY PLAT APPROVAL OF THE KLEIN FARMS ESTATES SUBDNISION SUBJECT TO CONDITIONS NOTED IN CUP APPROVAL. SECONDED BY ROD DRAGSTEN. Motion passed unanimously. 8. Adjournment. COMMISSIONER MARTIE MADE A MOTION TO ADJOURN THE MEETING. SECONDED BOGART. Motion passed unanimously. . Respectively submitted, /))0,.11#<, fIWMN~ Wanda Kraemer Development Services Technician . Page 6