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Planning Commission Minutes 08-06-1996 . . . MINUTES REGULAR MEETING. MONTICELLO PLANNING COMMISSION Tuesday, August 6, 1996 . 7 p.m. Members Present: Dick Frie, Richard Martie, Jon Bogart, Richard Carlson, Rod Dragsten Staff Present: Jeff O'Neill, Steve Grittman, Joe Merchak, Wanda Kraemer 1. Call meetin~ to order. Chairman Frie called meeting to order. 2. Approval of minuteR of the regular meeting held July 2, 1996. COMMISSIONER BOGART MADE A MOTION TO APPROVE THE MINUTES, SECONDED BY COMMISSIONER CARLSON. Motion passed unanimously. 3. ConRideration of adding itemR to the a~enda. Jeff O'Neill, Assistant Administrator, added an update on the MCP. 4. Citizens comments. There were no citizens comments. 5. Public Hearing-.Consideration of ~anting a Special Home Occupation Permit to allow a furniture repair and refinishing business in a single family residence. Location: Lot 2, Block 7, Lower Monticello. Applicant: Ronald and Mary Hall. Steve Grittman, City Planner, reported Ron and Mary Hall have requested a special Home Occupation permit to operate a furniture repair and finishing office at their residence at 413 E. River Street. The proposed business exceeds the requirement of a permitted home occupation (by conducting the business in an accessory building and providing repair services which require equipment other than customarily found in a home), therefore, the processing of a "special home occupation" is necessary. The property is zoned single family. The applicant has indicated that no other person other than the residents will conduct the furniture repair business. Mr. Hall intends to make the furniture pick.up and drop.off himself at the customers place of residence. Page 1 .~l' . Planning Commission Minutes - 8/06/96 Jeff O'Neill, Assistant Administrator, added two conditions to the pennit at the request of the public works director: #12 - If the amount of household waste will be increased a separate garbage hauler should be contracted. #13 - If the applicant installs sewer/water hookups to the garage any chemicals put in the sewer would need to comply with City and PCA standards. Chairman Frie opened the public hearing. Ronald Hall, applicant, stated his business would have reasonable daytime hours and if traffic became an issue would look for a building in a business zone. Chairman Frie closed the public hearing. Commissioners questioned the use of the chemicals that would be used in refinishing the furniture. . Mr. Hall answered the chemicals will be stored in a 55 gallon drum and it will take a year or more to fill it. There will be no chemicals added to the sewer system. COMMISSIONER MARTIE MADE A MOTION, SECONDED BY COMMISSIONER BOGART, TO APPROVE GRANTING THE SPECIAL HOME OCCUPATION PERMIT. Motion is based on the finding that the home occupation with conditions will not be a detriment to the neighborhood and is thus consistent with the comprehensive plan goal of maintaining neighborhoods. Motion passed unanimously. 6. Public Hearing---Consideration of an amemJrnent to the Zonin~ Ordinance establishin~ a new Zonin~ District, known as "B-3A". Nei~borhood Automotive Related Use District". Applicant: Monticello Planning- Commission. Steve Grittman, City Planner, reported, the City recently turned down a request to add Automotive Maintenance facilities, such as Oil and Lube shops, to the B-2 or PZM Districts, which would have allowed Investors Together to construct such a facility near the Total Mart station on east . Page 2 . Planning Commission Minutes - 8/06/96 County 75. A follow up approach being proposed is the establishment of a limited business district in the area which would permit the type of commercial establishment requested by Investors Together. However, there was concern that a B-3 District would not be appropriate in this location, since it would allow the full range of automotive related uses. As a result, a modified B-3 District, labeled "B-3A" is presented for the City's consideration. This district is intended to allow limited commercial uses which are of a convenience nature and compatible with neighborhood residential uses. Since the discussion of this issue was generated by the Investors Together proposal for an oilllube facility, staff has incorporated this use into the new district, utilizing the criteria which were discussed in the previous text amendment proposal. The concern is the difference between Automotive Maintenance and Automotive Repair. For instance, the ordinance suggest that the intent of the Conditional Use is to allow "while-you-wait" services. A second concern is whether or not such facilities are truly "neighborhood convenience commercial. . Grittman added that it is hard to monitor auto repair. Are oil changes ok but belt changes not allowed? Would vehicles be allowed overnight in the parking lot? This would not be a daily or weekly use. The recommendation is to not adopt a B3 District. Chairman Frie opened the public hearing. Dan GassIer, pastor A Glorious Church, explained the church would have a problem with this type of use, automotive, being allowed so close to their boarder. The church would not be in favor of the zoning change. The Commissioners discussed the PZM zone located on the east side of County Road 39 and questioned if the area applied for is rezoned should the entire area should be rezoned. Hillary Hoglund, family of the property owner on the east side of 39, stated the property is presently for sale and she would like the zoning to stay the same for now. Chairman Frie closed the public hearing. . Page 3 ---= . . . Planning Commission Minutes - 8/06/96 The Commissioners discussed if the current zone was appropriate or if the area had changed enough to warrant the zoning change. On one side the residences and the church had built in the location with the PZM zone not allowing automotive repair. On the other side, the entire area is growing and the intersection of County Road 75 and County Road 39 use might be changing. Chairman Frie poled each Commissioner for their opinions and it was the consensus not to create another zone B3A but to possibly change the area to B3 or add uses to the B2 zone. CHAIRMAN FRIE MADE A MOTION SECONDED BY COMMISSIONER BOGART, TO DENY THE ORDINANCE AMENDMENT CREATING A "B-3A" DISTRICT. Motion is based on the findings identified in the City Planner's report. Motion passed unanimously. 7. Public Hearin~--Consideration of an amendment to the zoning map of the City of Monticello rezonin~ from "PZM" Performance Zone - Mixed" to B-3A, Neighborhood Automotive Related Use District" the followin~ property. Location: That portion of the present PZM District l:enerally east of the municipal waste water treatment plant north of County Road 75. Applicant: Plannin~ Commission. (Tabled pending outcome of Council discussion on item #7.) 8. Public Hearin~--Consideration of a request for a conditional use permit to allow the establishment of an oil/lllbe service facility in the B-3A district. Location: Lot 3, Block 1, Macarland Plaza. Applicant, Investors Together. Steve Grittman, City Planner, stated that the rezoning request has been initiated by the City and includes consideration of the appropriate zoning district for County Road 75, and subsequently, Investors Together's request for a Conditional Use Permit for an Automotive Maintenance facility. At issue is the current PZM designation of the land in this area. The PZM district is a mixed use district which allows a full range of residential uses, from single family to multiple family, and all of the commercial uses in the B-1 and B-2 districts. B-3 District uses are not allowed in the PZM area. The flexibility given by the PZM approach also comes with a certain amount of confusion. Under PZM, neither the City nor the property owner have a clear picture of what land uses should be allowed. Without this direction, the Page 4 . Planning Commission Minutes - 8/06/96 property owner cannot know what the City expects, and the City may be faced with requests for land uses which it doesn't want, but cannot reasonable deny. Next Grittman eXplained item number 8, anticipating a rezoning of their 37,570 square foot property from a PZM, Performance Zoned Mixed to either a B-3, Highway Business or B-3A Neighborhood Automotive Related Use District, Investors Together, Inc. has requested a conditional use permit to establish an "Express Lube and Detail Cleaning Center" upon a 37,560 square foot site located north of County Road 75 and west of County Road 118. Both the B-3 and B-3A Districts list automobile maintenance facilities as a conditional use. Previously, the City had turned down a request by the applicant to add automobile maintenance facilities as a conditional use in the PZM District. Specifically, the applicant's request calls for the construction of a 2,600 square foot Express Lube/Detail Cleaning Center. Such construction will constitute a westerly expansion of a car wash facility which currently exists on the property. The applicant's previous application identified cleaning center component as a future phase of the project. . Chairman Frie opened the public hearing. Ken Schwarrz, applicant, requested the staff explain the difference between the B2 and the B3 zone. Ken Schwartz, applicant, requested staff show the difference between a B2 and a B3 zone. O'Neill showed the examples of the B2 on the overhead and read the items in B3. B3 uses included many uses with a higher intensity an example would be go cart tracks. Dean Hoglund, applicant, stated in his opinion what is there is like B3 already. GassIer questioned the difference from PZM to other zoning. O'Neill answered in the PZM zone all B2 uses are only allowed by a CUP, then each site is reviewed and conditions are set according to surrounding zones. . Page 5 . Planning Commission Minutes - 8/06/96 Schwartz explained where the lube would be located and the natural buffer of all the garages between the site and the residential area. He made the comparison of a person buying oil at Total Mart and putting it in their car to the Quick Lube facility. Dan Meilke, owner Ultra Lube, stated if the Commission rezoned the area to B3 then the sky is the limit for the commercial zones. Property owners in other PZM areas would want the city to rezone their sites also. Chairman Frie stated at the last meeting it was emphasized to include the traffic information from the study that is being conducted by the Monticello Community Partners, MCP. The information has not been completed at this time but will be important in determining the direction for this area. The Commissioners discussed the importance of the traffic studies being conducted before continuing. . COMMISSION BOGART MADE A MOTION, SECONDED BY MARTIE, TO TABLE THE CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A NEW ZONING DISTRICT KNOWN AS 'B-3A" NEIGHBORHOOD AUTOMOTIVE RELATED USE DISTRICT. LOCATION: THAT PORTION OF THE PRESENT PZM DISTRICT GENERALLY EAST OF THE MUNICIPAL WASTEWATER TREATMENT PLANT NORTH OF COUNTY ROAD 75. APPLICANT, PLANNING COMMISSION. AND ALSO, THE CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF AN OIL/LUBE SERVICE FACILITY IN THE B-3A DISTRICT. LOCATION: LOT 3, BLOCK 1, MACARLAND PLAZA. APPLICANT, INVESTORS TOGETHER. Motion passed unanimously. 9. Public Hearing--Consideration of amendments to the Monticello Zoning Ordinance regulating the number, size, and use of accessory buildings in Residential Zoning districts in the City. Applicant: Planning Commission. Steve Grittman, City Planner, reported at the July Planning Commission meeting options were discussed for regulation of accessory buildings. In that material, staff offered a number of alternatives to clarify the City's . Page 6 . . . 10. 11. Planning Commission Minutes - 8/06/96 regulations for detached accessory buildings on small residential lots. Discussion at that meeting, and between staff members, has resulted in the following information: option (Exhibit D) would relate the size of detached accessory buildings to the size of the rear yard (10% as suggested in the previous draft ordinance Exhibit C) but drop the relation to the size of the principal building. The building official has suggested that this would be cumbersome to administer, even though it may be a reasonable measurement of the building's status as accessory to the principal use. Chairman Frie opened the public hearing. No comments. Chairman Frie closed the public hearing. The Commissioners had already discussed this item at previous meetings so there was no discussion. COMMISSIONER DRAGSTEN MADE A MOTION, SECONDED BY COMMISSIONER MARTIE TO APPROVE AN ORDINANCE AMENDMENT WHICH RESTRICTS THE AMOUNT OF ACCESSORY BUILDING BY RELATING THE SIZE TO THE SIZE OF THE REAR YEAR, AND SPECIFICALLY PERMITS ALL SINGLE AND TWO FAMILY DWELLING TO HAVE AN ACCESSORY BUILDING OF AT LEASE 400 SQUARE FEET. Motion is based on the finding that accessory building regulation as proposed helps maintain livable neighborhoods, and thus the text amendment is consistent with the comprehensive plan. Consideration of allowin~ a simple subdivision. Applicant: Mary Link. Consideration of allowin~ a simple subdivision. Applicant: Ron Ruff. Ron Ruff and Phyllis Link have each requested simple subdivisions approval to allow the subdivisions of their respective properties into two buildable lots each. The Link property would initially be divided into three parches, one of 13,321 square feet (Parcel A), one of 13,201 square feet (Parcel B), and one of 2,588 square feet (Parcel C). Parcel C would then be conveyed to Mr. Ruff who would then combine it with this property, and split his new property into 12,000 square foot lots (Parcels D and E). Parcel D contains the existing Page 7 . . . Planning Commission Minutes - 8/06/96 house and garage. At its May 13th meeting, the City Council rejected Mr. Ruffs request to reduce the R-2 minimum lost size so the could split his current land. The only substantive issue in this request would be the need for any easements (or the vacation of any existing easements) to facilitate the new lot line locations. The City Engineer should comment on this issue. Each of the new lots will meet the Ordinance standard for lot size and width. COMMISSIONER MARTIE MADE A MOTION, SECONDED BY COMMISSIONER CARLSON, TO APPROVE THE SUBDIVISION REQUEST FOR PHYLLIS LINK. Motion passed unanimously. COMMISSIONER MARTIE MADE A MOTION, SECONDED BY COMMISSIONER DRAGSTEN, TO APPROVE THE SUBDIVISION REQUEST FOR RON RUFF. Motion passed unanimously. 12. Added items. MCP Report Jeff O'Neill, Assistant Administrator, reported there will be a planning meeting September 10, 1996. It is important as many commissioners as possible attend. Chairman Frie requested O'Neill stress the Planning Commissioners views. 13. Adjourn. COMMISSIONER MARTIE MADE A MOTION TO ADJOURN, SECONDED BY COMMISSIONER BOGART. Respectfully submitted, WOiltk,. Kll/Jf4tU^-- Wanda Krae~er Development Services Technician Page 8