Planning Commission Minutes 08-06-1996
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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