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Planning Commission Minutes 05-07-1996 . MINUfES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 7, 1996 ~ 7 p.m. Members Present: Dick Frie, Richard Martie, Jon Bogart, Richard Carlson, Rod Dragsten Staff Present: Jeff O'Neill, Gary Anderson, Wanda Kraemer 1. Call to Order. Chairman Frie called the meeting to order. 2. Approval of minutes for the regular meetine- held April 2, and the special meetin~ held April 8 and April 22, 1996. COMMISSIONER CARLSON MADE A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING APRIL 2, 1996. SECONDED BY DICK MARTIE. MOTION PASSED UNANIMOUSLY. . COMMISSIONER CARLSON MADE A MOTION TO AMEND THE APRIL 8, 1996 MINUTES TO ADD CURBING ADJACENT TO THE BUILDING AS A CONDITION FOR THE CONDITIONAL USE PERMIT FOR LEONARD HABERMAN AND DEAN RASMUSSEN. COMMISSIONER BOGART MADE A MOTION TO ACCEPT THE MINUTES WITH THE CORRECTION. SECONDED BY COMMISSIONER CARLSON. Motion passed unanimously. COMMISSIONER DRAGSTEN MADE A MOTION TO APPROVE THE MINUTES OF THE SPECIAL MEETING APRIL 22, 1996. SECONDED BY COMMISSIONER BOGART. Motion passed unanimously. 3. Consideration of addinf: items to the a~enda. Jeff O'Neill, Assistant Administrator, requested to continue a public hearing to vacate the easement and eliminate lot between Lots 3 and 4, Block 3, Plaza Partners at the City Council meeting on May 13. This items was published in the paper for the Planning Commission meeting but City Council approval is sufficient. COMMISSIONER BOGART MADE A MOTION TO CONTINUE THE REQUEST TO VACATE THE UTILITY EASEMENT AND ELIMINATE LOT LINE BETWEEN LTOS 3 AND 4, BLOCK 3, PLAZA PARTNERS AT THE CITY COUNCIL MEETING MAY 13, 1996. SECONDED BY COMMISSION DRAGSTEN. Motion passed unanimously. . 4. Citizens comments Page 1 . . . Planning Commission Minutes - 5/07/96 There were no citizens comments. 5. Public Hearinll--Consideration of an ordinance ~menclment establishing an oilllube facility (auto maintenance facilities) as a conditional use in the PZM zone. Applicant, Investors Together. 6. Public Hearin~--Consideration of ~anting a conditionalllse permit which wOlllcl allow operation of an oilllube facility (auto maintenance facilities) in a PZM zone. Applicant, Investors Together. 7. Public Hearing--Consideration of an ordinance amendment establishin~ minor auto repair as a conditional use in the PZM zone. Applicant. Investors Together. Steve Grittman, City Planner, reported that Investors Together, Inc. had submitted plans to construct a 1,352 square foot "Express Lube" facility upon a 15,800 sq. ft. parcel ofland located north of County Road 75 and west of County Road 118. In the long term, the applicant plans to construct a 1,170 square foot building addition which would accommodate minor automobile repair activities. The property is zoned PZM which is performance zone mixed. To accommodate the proposed "Express Lube" facility an amendment to the PZM District provisions is necessary. Specifically, the establishment of "automobile maintenance facilities" as a conditional use in the district has been proposed. The city should make a determination as to the acceptability of such use within the PZM District. According to the Ordinance, the purpose of the PZM District is to provide a land use transition between high density residential land uses, as well as the intermixing of each such land use. In some respects, an automobile maintenance facility is considered comparable in intensity to several existing conditional uses in the PZM District like car washes, dry cleaning, and retail commercial activities. It is debatable whether a clear distinction exists between an automobile maintenance facility and minor automobile repair facility. Grittman added that the comprehensive plan relates to reducing the traffic volumes on Broadway but this site could be changed to a B-3 location. Jeff O'Neill, Assistant Administrator, inquired if Grittman would recommend the entire PZM area be changed to B-3 instead of adding "Express Lube Facility" to the PZM zone? Grittman replied that if the zone was changed it would provide more guidance than in a PZM area. Chairman Frie opened the public hearing. Page 2 . . . Planning Commission Minutes. 5/07/96 There were no comments. Chairman Frie closed the public hearing. Chairman Frie stated that he considered PZM zone sensitive areas and could not see rezoning this to a B-3 zone. The commissioners discussed what services would be allowed in a minor auto repair facility like changing wiper blades, hoses, glass repair, checking the oil and grease, ect. The question was considered if the applicant would request to increase the types of repairs in PZM zone as the competition in B-3 zones increased. Ken Schwarze, Investors Together, stated they would not want to rezone the property. They would be willing to drop the request for minor auto repair if the Planning Commission did not agree with this use in a PZM zone. Dean Hoglund, Investors Together, added the impact on the traffic would be about 40 cars a day at the lube facility compared to 300 cars on a busy day at the car wash. There will not be cars parked for long periods of time. The Commissioners discussed what storage area would be needed. It was not indicated on the site plan if there would be outside storage. Commissioner Dragsten added that a lube would go with a car wash but future demands for services will increase the repairs being done. The whole area should be rezoned to a B-3 zoning. Commissioner Carlson added that the PZM zone is for a reason and he did not agree with this area being zoned B.3. The quick lube would work in this area because the key to the facility is serve people while you wait. The Commissioners discussed the parking lot. Ken Schwarze stated that the curb cut between the car wash and Total Mart would be closed off and the driveway narrowed to 24 feet. This will make it less desirable to cut across the parking lot as many people are doing now. Dan Mielke, approved applicant for quick lube, stated his quick lube facility was recently approved in a B-3 zone. He inquired as to what services the applicant could have and not have, who would monitor the business, and did the same lot size requirements have to be met? O'Neill replied the Mielkes are in a B-3 zone. They met the requirements in this Page 3 . . . Planning Commission Minutes - 5/07/96 zone and if only an oil lube facility is built a smaller lot requirement would work. They do have latitude to do much more on this site because of the B-3 zoning. Competitively they have full flexibility. Mielke added, in his opinion, there is a real difference between minor auto repair and a oil I ube facility. COMMISSIONER CARLSON MADE A MOTION TO APPROVE AN OIL LUBE FACILITY IN A PZM ZONE BASED ON THE FINDING THAT AN OIL LUBE FACILITY WITH CONDITIONS IS CONSISTENT WITH THE CHARACTER AND NATURE OF THE PURPOSE IN A PZM ZONE: SECONDED BY COMMISSIONER DRAGSTEN. BOGART AND MARTIE - APPROVED. FRIE- DENIED. COMMISSIONER CARLSON MADE A MOTION TO APPROVE A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE MAINTENANCE FACILITY IN A PZM ZONE, BASED ON THE FINDINGS THAT AN EXPRESS LUBE FACILITY AT THIS LOCATION IS CONSISTENT WITH THE CHARACTER OF THE AREA AND INCLUDE THE FOLLOWING CONDITIONS: 1. THE CITY APPROVE THE REQUESTED PZM AMENDMENT TO ACCOMMODATE AUTOMOBILE MAINTENANCE FACILITIES. 2. THE SITE PLAN IS REVISED TO MEET APPLICABLE SETBACK REQUIREMENTS (BUFFER YARD). 3. USE OF THE FACILITY IS LIMITED TO AUTOMOBILE/LIGHT TRUCK OIL CHANGES. 4. THE APPLICANT DEMONSTRATES COMPLIANCE WITH CITY BUILDING HEIGHT AND BUILDING MATERIAL REQUIREMENTS THROUGH THE SUBMISSION OF BUILDING ELEVATIONS. 5. THE SITE PLAN IS REVISED TO ILLUSTRATE A TOTAL OF SIX OFF- STREET PARKING STALLS. 6. ONE HANDICAP PARKING STALL IS PROVIDED IN ACCORDANCE WITH THE STATE AMERICAN DISABILITY ACT REQUIREMENTS. 7. ALL OFF-STREET PARKING AREAS ARE PROVIDED A SIX INCH NON- SURMOUNTABLE CONCRETE CURB. 8. THE PROPOSED 35 FOOT CURB CUT IS SUBJECT TO APPROVAL BY Page 4 . Planning Commission Minutes - 5/07/96 THE WRIGHT COUNTY HIGHWAY DEPARTMENT AND CITY ENGINEER. (SEE AMENDED MOTION BELOW) 9. THE SITE PLAN IS MODIFIED TO ILLUSTRATE AN OFF-STREET LOADING SPACE. 10. A LANDSCAPE PLAN IS SUBMITTED AND APPROVED WHICH IDENTIFIES THE TYPE, LOCATION, AND SIZE OF ALL SITE PLANTINGS. SUCH PLAN SHALL ALSO DEMONSTRATE COMPLIANCE WITH APPLICABLE BUFFER YARD REQUIREMENTS. 11. ALL LIGHTING USED TO ILLUMINATE OFF-STREET PARKING BE HOODED AND DIRECTED TO DEFLECT LIGHT AWAY FROM ADJACENT PROPERTIES AND PUBLIC RIGHT-OF-WAYS. 12. ALL CITY SIGN REQUIREMENTS ARE SATISF ACTORIL Y MET. 13. ALL GRADING AND DRAINAGE PLAN IS SUBMITTED SUBJECT TO REVIEW AND APPROVAL BY THE CITY ENGINEER. . 14. INTERMITTENT SOUNDS PRODUCED BY THE OIL CHANGE OPERATIONS ARE NOT AUDIBLE TO ADJACENT PROPERTIES. 15. ALL EXTERIOR TRASH HANDLING FACILITIES ARE SCREENED FROM VIEW OF ADJACENT PROPERTIES AND PUBLIC RIGHT-OF-WAYS. COMMISSIONER DRAGSTEN SECONDED THE MOTION. BOGART, MARTIE-APPROVED. FRIE-DENIED. MOTION PASSED. COMMISSIONER CARLSON AMENDED CONDITION #8 TO 24 FOOT CURB CUT IN PLACE OF 35 FOOT CURB CUT. SECONDED BY COMMISSION MARTIE. Amendment passed unanimously. CHAIRMAN FRIE MADE A MOTION TO DENY THE REQUEST FOR A ZONING DISTRICT AMENDMENT FOR MINOR AUTOMOBILE REPAIR BASED ON THE FINDINGS THAT MINOR AUTOMOBILE REPAIR FACILITIES ARE INAPPROPRIATE WITHIN THE PZM DISTRICT. SECONDED BY COMMISSIONER BOGART. Motion passed unanimously. 8. ~:~~~ ~e:~~-:~~~~d::~on of an ordinance "",;endment establishing minor auto ill in the PZM zone. Apphcantr Investors Together. . Steve Grittman, City Planner, reported, Mr. Ronald Ruff has submitted a request Page 5 . . . Planning Commission Minutes - 5/07/96 which would propose a reduction in the minimum single family lot size for the R-2 Zoning District from 12,000 to 10,000 square feet. The R-2 District permits both single family and two family homes, currently both on 12,000 square foot lots. This amendment would affect only the lot size for single family. In the R-2 Districts in the original town plat to which the Ruff property adjoins most of the lots are 66 feet by 165 feet and area of 10,890. It would be reasonable to consider a reduction in minimum lot area to avoid the problems created by non.conformities to a zoning standard which was designed for newly platted lands. The applicant's total property area consists of about 21,412 sq. ft., if the R-2 standard were reduced to 10,890 he would be about 370 sq. ft. short of the area needed to create two conforming lots. Another issue the application raises is the zoning of the subject property, and the surrounding land. The R-2 zoning designation ends at the Railroad to the north of the Ruffproperty, which is zoned PZM. As a result, a zoning issue would arise under the PZM District in which the City would have to determine the appropriate single family lot size standard to apply. The PZM District language does not lists not specific lot sizes, deferring to the district in which the use is permitted to define lot area. Since a single family use would infer either at a 12,000 sq foot standard or less under a revised R-2 District, a conflict could arise. One possible resolution of this issue, presuming a lot size change is approved, would be to rezone this land (and perhaps adjacent lands in similar circumstances)to the R-2 District. Finally at issue is the appropriate lot size to consider, if it were to be reduced from the current 12,000 sq. ft. minimum. Original plat lots consist of 10,890 sq. ft. Mr. Ruff would need a lot size of 10,700 to permit two lots on his current property, and has requested a standard of 10,000 sq. ft. It was suggested to do something less than the 10,890 threshold. It is not uncommon to find survey errors in old plat layouts which shave a few tenths of a foot of the stated dimensions. A lot that is 10,000 sq. ft is not unreasonable. This standard would permit some flexibility in the use of previously platted land, but would not permit wholesale resubdivison resulting in a sudden increase in density. Chairman Frie opened the public hearing. Ron Ruff, land owner, stated that when 6th Street was constructed a portion of his property is on the other side of 6th street, so he lost a small piece at that time. Laura Rohland, neighbor to site, showed the planning commission her lot dimensions and inquired how this would effect her property. The Planning Commission explained what was being requested. Page 6 . . . 9. Planning Commission Minutes - 5/07/96 Chairman Frie closed the public hearing. The commission discussed the impact on lot size for duplexes. Grittman informed the commission the lot size would not change for duplexes only single family. The commissioners also discussed the past requests for substandard lot sizes which had been denied. Grittman answered that in a PZM district R1, R2, or R3 can be used. O'N eill added this is close to the older part of town and could be appropriate in parts of this area. COMMISSIONER MARTIE MADE A MOTION TO APPROVE THE ZONING TEXT AMENDMENT TO REDUCE MINIMUM LOT SIZES FOR SINGLE FAMILY USES ONLY IN THE R-2 DISTRICT FROM 12,000 SQUARE FEET TO 10,000 SQUARE FEET BASED ON THE FINDING THAT DEVELOPMENT OF 10,000 SQ. FT. LOTS FOR SINGLE FAMILY USE RESULTS IN A DENSITY THAT IS CONSISTENT WITH THE PURPOSE OF THE R-2 ZONE. SECONDED BY COMMISSIONER DRAGSTEN. Motion passed unanimously. Consideration of allowing a simple subdivision. ApplicHnt, Ron Ruff. COMMISSIONER MARTIE APPROVED THE APPLICANTS REQUEST OF A SIMPLE SUBDIVISION OF THE LAND UNDER THE NEW STANDARDS. SECONDED BY COMMISSIONER CARLSON. MOTION PASSED UNANIMOUSLY. O'N eill requested the Planning Commission to call a public hearing for the consideration of rezoning a PZM area to R2, this would be from the section East of Elm Street to Vine Street, between 5th and 6th Street. COMMISSION MARTIE MADE A MOTION TO CALL FOR A PUBLIC HEARING TO CONSIDER REZONING A PORTION OF THE PZM AREA TO R2. THE AREA IS EAST OF ELM STREET TO VINE STREET, BETWEEN 5TH AND 6TH STREET. SECONDED BY COMMISSIONER DRAGSTEN. Motion passed unanimously. 10. Consideration of allowing a simple subdivision. Location is Lots 4 and 5, block 45, Ori~nal Plat. Applicant, Vic Hellman. Jeff O'Neill, Assistant Administrator, reported Vic Hellman is requesting permission to realign property boundaries for two existing lots at the corner of Broadway and Elm Street. Lots 4 and 5, Block 45, under the current alignment face Broadway. Hellman's requests that the interior lot line be modified so the front yards face Elm Street. The City had allowed this in the past and for safety sake, it makes sense to Page 7 . . . 11. 12. Planning Commission Minutes - 5/07/96 make Elm Street the street access point. Chairman Frie opened the public hearing. COMMISSIONER BOGART MADE A MOTION TO APPROVE THE SIMPLE SUBDIVISION REQUESTED BY VIC HELLMAN. SECONDED BY COMMISSIONER CARLSON. Motion passed unanimously. Consideration of allowing residential property to have one small stora~e shed (less than 120 RQ. ft) in addition to an accessory stnlcture. Applicant, Ron Michaelis. J eft' O'Neill, Assistant Administrator, reported that this requests stems from a request by Ron Michalis to move an existing detached garage (accessory structure) from its existing location to a new location on his property. Michaelis plans on moving the structure to a position within proper setbacks. Michaelis does not have an attached garage along with the detached garage. The problem is that Michaelis also has a small 8 x 12 storage shed on the property. According to code, it is not lawful to have more than one "accessory structure" on your property. Therefore, technically, Michaelis should be required to remove the smaller accessory structure in conjunction with moving the garage. Michaelis wishes to keep the storage building. Many cities do allow a second accessory building as long as it is smaller than 120 sq. ft. even thought the ordinance states that only one accessory building is allowed. This is because structures that are less than 120 sq. ft. in size are not covered by the building code and are, therefore, not considered to be structures. Structures less than 120 sq. ft are consider to be personal property. However, most cities do limit the number of small sheds to a single shed in addition to the main accessory structure. COMMISSIONER DRAGSTEN MADE A MOTION TO CALL FOR A PUBLIC HEARING TO ALLOW A SINGLE STORAGE SHED IN ADDITION TO AN ACCESSORY STRUCTURE IF THE SIZE OF THE SHED IS LESS THAN 120 SQUARE SQ. FT. SECONDED BY COMMISSIONER MARTIE. Motion passed unanimously. Consideration of incorporating MOAA comments into final draft of comprehensive man. Jeff O'Neill, Assistant Administrator, reported the Monticello Orderly Annexation Board (MOAA) reviewed the plan at their regular meeting on April 3. The MOAA was generally very supportive of the plan. Page 8 . . 15. Planning Commission Minutes - 5/07/96 The commissioners discussed the MOAA suggestions and agreed the comments were important but were already in the intent of the plan so no written changes were made. COMMISSIONER DRAGSTEN MADE A MOTION TO SUBMIT THE COMPREHENSIVE PLAN TO THE CITY COUNCIL. SECONDED BY COMMISSIONER MARTIE. Motion passed unanimously. 13. Consideration of establishing a date to discuss comprehensive plan implementation steps. The Commissioners discussed establishing a date and an agenda for a workshop. A joint meeting date should also be scheduled after the City Council officially approves the comprehensive plan. 14. Update on MCP activity--Hoisin~on Koe~er plannin~ effort (Dick Frie report). Chairman Frie reported to the commission that the MCP was working closely with Michael Schroeder, Hoisington Koegler, and he would keep the Commissioners informed. Adjournment COMMISSIONER BOGART MADE A MOTION TO ADJOURN THE MEETING. SECONDED BY COMMISSIONER DRAGSTEN. Respectfully submitted, (;J Ovu&i? X/ltU11U~'- Wanda Kraemer Development Services Technician . Page 9