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Planning Commission Minutes 08-05-1997 . . . MINUTES REGULAR AUGUST MEETING- MONTICELLO PLANNING COMMISSION Tuesday, August 5,1997.7 p.m. Members Present: Dick Frie, Dick Martie, Richard Carlson, Jon Bogart, Rod Dragsten Council Liaison: Clint Herbst Staff Present: Jeff O'Neill, Steve Grittman, Fred Patch, Wanda Kraemer 1. Call to order. The meeting was called to order by Chairman Frie. 2. Approval of minutes of the regular meeting held July 1. 1997. (The meeting was tabled until the regular meeting in August because of the storm.) 3. Consideration of adding items to the agenda. A. The National Guard, Item #15, was added at the July meeting. B. Jeff O'Neill, Assistant Administrator, reported that Item #7--Klein Farms Estates 2nd Addition--was requested by the applicant to be removed from the agenda until the September meeting. C. Dick Frie added the following items to the agenda: I-discussion on the ordinance of bikes on the sidewalks; 2-discussion on the enforcement of garage sales and number of sales; 3-discussion of staffs recommendation prior to the public hearing; 4-discussion of the applicant receiving copies of the staff recommendation prior to the hearing; 5-information on the final inspection procedures. 4. Citizens comments. There were no citizens comments. 5. Public Hearing Cont. - Consideration of a variance request to yard setback requirements which would allow a simple subdivision. Applicant, Diane B Casey/Decker. Steve Grittman, City Planner, stated he would shorten the report because the commission had heard the information at the July meeting. Connie Decker has requested a variance from the minimum 20-foot side yard and 30-foot rear yard side Page 1 . . . Planning Commission Agenda - 8/5/97 yard setback requirements imposed in the R-2 zoning district. The requested variance is being processed in conjunction with the replatting of two existing lots located south of 5th Street and west of Minnesota Street. As a result of the subdivision, the proposed lots would be re-oriented from a north-south to an east- west configuration. Chairman Dick Frie opened the public hearing. There were no comments. Chairman Dick Frie closed public hearing The Commission discussed the square footage in the old part of town and agreed this would meet the requirement. JON BOGART MADE A MOTION TO APPROVE, SECONDED BY DICK MARTIE, THE PROPOSED SETBACK VARIANCE AND SUBDIVISION SUBJECT TO THE FOLLOWING FINDINGS: A. THE EXISTING NON-CONFORMING RESIDENCE AND ITS ASSOCIATED SETBACKS REPRESENT A UNIQUE CIRCUMSTANCE. AMPLE BUILDABLE LAND EXISTS ON PROPOSED LOTS A AND B TO ALLOW ALL NEWLY CONSTRUCTED HOMES TO MEET APPLICABLE R-2 DISTRICT SETBACK REQUIREMENTS. C. APPROVAL OF THE VARIANCE WILL RECTIFYILEGALIZE AN EXISTING DRIVEWAY ENCROACHMENT. B. THE VARIANCE APPROVAL IS CONTINGENT UPON THE FULFILLMENT OF THE FOLLOWING CONDITIONS: A. IF THE EXISTING STRUCTURE IS REMOVED OR DAMAGED BEYOND 50 PERCENT OF ITS VALUE AS DETERMINED BY THE COUNTY ASSESSOR, NEW CONSTRUCTION BE SITED CONSISTENT WITH APPLICABLE R-2 DISTRICT SETBACK REQUIREMENTS. B. IF NECESSARY, UTILITY AND DRAINAGE EASEMENTS ARE VACATED TO ACCOMMODATE THE PROPOSED SUBDIVISION. THIS ISSUE SHOULD BE SUBJECT TO COMMENT BY THE CITY ENGINEER. Motion passed unanimously. Page 2 Planning Commission Agenda ~ 8/5/97 . 6. Consideration of a Special Home Occupation permit which would allow therapeutic massa~e in an R-1 zone. Applicant: Linda Lovejoy Steve Grittman, City Planner, reported Ms. Linda Lovejoy has requested approval of a special home occupation permit for a therapeutic massage business at her single family residence located at 122 Balboul Circle. Grittman added home occupations are licenses not permits, the surrounding neighborhood character needs to be maintained, no signage, no exterior modifications, and limitations of hours. Chairman Frie opened the public hearing. Linda Lovejoy, applicant, explained she was certified in massage therapy, and a graduate of Northern Lights School in Minneapolis. Lovejoy added the only changes she made to her home was to remove a closet door and have a desk built in the closet area. Chairman Frie closed the public hearing. The commissioners verified with the applicant that no signage would be allowed and hours of operations would be reasonable in a residential area. . Lovejoy stated there would only be 2 to 3 people a week at this time. Chairman Frie requested the following three items be included in the motion: no signage, single employee, and no overlapping of patrons. DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, THE SPECIAL HOME OCCUPATION PERMIT FOR THE PERIOD OF ONE YEAR SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL DEMONSTRATE THAT ALL INTERNAL STRUCTURE ALTERATIONS THAT HAVE TAKEN PLACE ARE CUSTOMARY TO RESIDENTIAL DWELLINGS. 2. THE SPECIAL HOME OCCUPATION COMPLY WITH ALL APPLICABLE CITY AND STATE CODES INCLUDING DEPARTMENT OF HEALTH REGULATIONS. 3. HOURS OF OPERATION SHALL BE SUBJECT TO CITY COUNCIL APPROVAL. 4. THE CONSTRUCTION OF A DIRECT EXTERIOR ENTRANCE TO THE SPECIAL HOME OCCUPATION AREA OF THE BUILDING WILL REQUIRE APPROVAL OF AN AMENDED SPECIAL HOME OCCUPATION PERMIT. . Page 3 Planning Commission Agenda - 8/5/97 . 5. NO SIGNAGE WILL BE ALLOWED ON SITE. 6. ONLY ONE EMPLOYEE ON SITE. 7. NO OVERLAPPING OF PATRONS. Motion passed unanimously. 7. Consideration of a Conditional Use Permit allowing a Planned Unit Development in an R-PUD zone and consideration of a preliminary plat request for Klein Farms Estates 2nd Addition. Applicant: E & K Development. The applicant, E & K Development, has requested this item be tabled due to the Planning staffs recommendations to review the density. JON BOGART MADE A MOTION TO TABLE CONSIDERATION OF A CONDITIONAL USE PERMIT ALLOWING A PLANNED UNIT DEVELOPMENT IN AN R-PUD ZONE AND CONSIDERATION OF A PRELIMINARY PLAT REQUEST FOR KLEIN FARMS ESTATES 2ND. Motion passed unanimously. 8. Public Hearing--Consideration of a zoning ordinance amendment chan~ne- the zoning district designation from R-3 to PZM, consideration of a conditional use permit allowing operation of a clinic facilitYr and consideration of a sim.ple subdivision request in a PZM District. Applicant, Monticello/Big Lake Hospital District. . Jeff O'Neill reported the Monticello-Big Lake Hospital District is requesting a zoning map amendment, a conditional use permit, and a simple subdivision that would enable construction of a garage and expansion of the parking lot at the counseling center. Currently, the use is a lawful, non-conforming (grandfathered) use in an R-3 district. The amendment to the zoning map would make the clinic a conforming use. In addition, the conditional use permit would bring the facility into compliance with site plan standards. Also, the request to vacate the portion of Hennepin Street on this site would bring setback requirements to code and leave room for maintenance and a buffer zone. O'Neill added the Hospital District would be required to do extra planting between the residential area and the parking lot. Chairman Frie opened the public hearing. Barb Schwientek, Hospital Director, stated that the cOWlseling center had been . there for 11 years and she was surprised it wasn't properly zoned. The parking Page 4 . . 9. . Planning Commission Agenda - 8/5/97 situation has been difficult because during school most of the street parking is being used by high school students. The garage is necessary for the van needed by the clients in the day treatment program. Chairman Frie closed the public hearing. Chairman Dick Frie inquired about the parking deficiency. Schwientek explained there are currently 24 parking stalls and a need for 56 parking places. The current plan will provide an additional 24. The garage and parking lot will be completed this fall; however, the landscaping will be in the spring. ROD DRAGSTEN MADE A MOTION TO APPROVE, SECONDED BY DICK MARTIE, A ZONING ORDINANCE AMENDMENT CHANGING THE ZONING DISTRICT DESIGNATION FROM R-3 TO PZM, A CONDITIONAL USE PERMIT ALLOWING OPERATION OF A CLINIC FACILITY, A SIMPLE SUBDIVISION IN A PZM DISTRICT. Motion was based on the finding that the rezoning and conditional use permit are consistent with the comprehensive plan. Motion passed unanimously. Public Hearing--Consideration of a variance to the minimum lot width at water boundary, and consideration of a variance to the minimum lot size requirement for a lot located along a shoreland in the wild and scenic river overlay district. Applicant: Rick W olfsteller. Steve Grittman, City Planner, reported Rick Wolfsteller has requested consideration of a simple subdivision of his property along Otter Creek. Riparian lots must be 15,000 square feet in area and 80 feet in width at the Ordinary High Water Mark. As a result of these standards, the applicant has also requested consideration of variances from the lot area and lot width standards for the new building site to be created by the subdivision. Currently the applicant owns a single family lot of 19,893 square feet (Lot 9, Block 1, Creekside Terrace), and an outlot of 8,736 square feet (Outlot B, Sandberg Riverside). The applicant's residence sits on Lot 9. The proposal would create two revised lots. Lot 9 would be downsized to 16,609 sq. ft, still larger than the required 12,000 sq. ft. This request does require a certificate of survey and this will be required if the variance is approved. The concern is the shape of the lot, it is clearly a unique situation, it is hard to find a variance for an outlot. Grittman added that he would not recommend approval because the hardship is hard to prove. Chairman Dick Frie opened the public hearing. Page 5 . . . Planning Commission Agenda - 8/5/97 Scott Hill, city resident, inquired about the variance request on a lot that had not yet been approved for subdivision and if the buildable area shown on the sketch was in the flood plain. Jon Bogart explained the certificate of survey would show the flood plain, it is hard to determine exactly where the flood boundaries are on the maps Mr. Hill was referencing to. Mr. Harwarth inquired why City staff had not insisted on a certificate of survey being submitted and if the buildable area shown was adequate space. Greg Roden, city resident, questioned the scale of the drawing. Grittman replied it was staff's intention to require a certified survey from Mr. Wolfsteller if the Planning Commission approved the request. A sketch survey will usually give enough information to make a valid decision and save the applicant expense until the decision is known. Rick Wolfsteller, applicant, replied the survey he submitted does show an example of a single family house and garage on the lot. W olfsteller reminded the Commission he had stated at the last meeting he would only bring the request forward if setbacks were met. The engineering firm that completed the survey is a reputable firm, and Wolfsteller felt the setbacks and buildable area were adequate. Chairman Frie closed the public hearing. Jon Bogart wanted to clarify that in his opinion the engineering firm Wolfsteller used was a reputable firm. The Commissioners discussed the size of the other lots in the area, consistency, and the intention of outlots. O'Neill stated that outlots in the past have been used for a variety of uses. DICK MARTIE MADE A MOTION TO DENY, SECONDED BY ROD DRAGSTEN, THE VARIANCE AS PROPOSED. THIS ALTERNATIVE SHOULD BE ACCOMPANIED BY A FINDING THAT THE CURRENT STATE OF THE PROPERTY REFLECTS ITS BEST USE- OPEN SPACE OUTLOT WITHIN THE CITY'S SHORE LAND AND WILD AND SCENIC RIVER DISTRICTS AND NO HARDSHIP HAS BEEN PROVEN. Motion passed unanimously. Page 6 Planning Commission Agenda - 8/5/97 . 10. Consideration of canin~ for a public hearin~ on adoption of amendments to the comprehensive plan affecting the Monticello Downtown/Riverfront District--MCP. Jeff O'Neill reported the Planning Commission is asked to consider calling for an amendment to the comprehensive plan affecting the downtown/riverfront area of the community. The amendment is in the form of the "MCP" plan which was funded by the HRA and has been under development for a number of months and is the result of considerable input and discussion. The full text of the plan was not available at this time; however, it would be provided immediately upon approval by the MCP Board of Directors. Rita Ulrich, Manager for MCP, explained the amendments to the comprehensive plan will act as a guide for the visual aspects of the downtown/riverfront area and the construction of new buildings. The timing is very important because the moratorium on buildings will end soon and it will be important to have guidelines in place. DICK FRIE MADE A MOTION, SECONDED BY DICK MARTIE, TO CALL FOR A PUBLIC HEARING ON AN AMENDMENT TO THE COMPREHENSIVE PLAN AFFECTING THE DOWNTOWN AND RIVERFRONT AREAS OF THE COMMUNITY. Motion passed unanimously. . 11. Preliminary review of design guidelines--MCP Design Committee. Jeff O'Neill stated the design guidelines are a very important portion of the MCP Downtown Redevelopment Plan (comp plan update) that the Planing Commission will be asked to evaluate at the public hearing in August. The design guidelines are important because the document gives specific guidelines in development of legislation and physical improvements affecting the redevelopment area. The guidelines will be referred to closely in the process of development of ordinances relating to signage, architectural standards, landscaping, etc. It will also be used as the City develops plans for streets cape and park design. Rita Ulrich, MCP Director, stated this will allow an MCP design advisory team the flexibility needed to implement the guidelines. 12. Presentation by Steve Ryan and Mike Gair - Residential development at Maple Grove Tree Farm site. Mike Gair and Steve Ryan introduced themselves to the Planning Commission and gave a short presentation on a new development site they are looking at in the southwest area of the city. . Page 7 Planning Commission Agenda - 8/5/97 . 13. Review of the Wright County Planning Commission Report. This item was tabled until the special meeting August 21, 1997. 14. Update on IDC interest in modification ofbllsiness campus standards and title. (verbal reports) Jeff O'Neill, Assistant Administrator, reported the IDC, Industrial Development Committee, has been reviewing the availability ofland in the industrial zones. This committee will be requesting a public hearing on an ordinance amendment that would change the name of the district to give it a stronger industrial identity and change the regulations requiring 30% green space preservation. This request is consistent with goals previously set forth by the Planning Commission in the project priority listing completed some months ago. Ken Maus, IDC committee member, introduced Dick Van Allen. Dick VanAllen, IDC member, spoke to the Planning Commission in support of calling for a public hearing to amend the business campus zoning district regulations, concems regarding availability of industrial land, and requesting a joint meeting with the Council and Planning Commission. . Ken Maus added there is a need for long- and short-range planning, including land availability and also the interchange at the west end of Monticello. A joint meeting between the City Council, Planning Commission, and IDC was requested in the near future. Charlie Pfeffer, developer, requested the joint meeting for September 29, 1997. DICK MARTIE MADE A MOTION, SECONDED BY JON BOGART, TO CALL FOR A PUBLIC HEARING ON AMENDMENTS TO THE BUSINESS CAMPUS ZONING DISTRICT REGULATIONS. Motion carried unanimously. 15. Update on the National Guard Training Center. Jeff O'Neill, Assistant Administrator, reported the task force researching the possibility of a National Guard Training Center/Community Center has been meeting weekly in an effort to have a plan in place by September. The National Guard is in need of a facility sooner than first anticipated, and the time schedule has changed from three to five years to two years. This is partly due to the schedule of the new school being built. If the National Guard decides to build at the school . site, that will need to be decided by January. Page 8 . 16. . . Planning Commission Agenda - 8/5/97 Discuss review process and information submittal requirements and follow up procedures for variances. conditional use permits, zoning ordinance amendments, subdivisions. This item was tabled until the special meeting on August 12, 1997. 17. Adjournment. DICK MARTIE MADE A MOTION TO ADJOURN THE MEETING, SECONDED BY ROD DRAGSTEN. Motion passed unanimously. tA)~ K~ ~ Wanda Kraemer Development Services Technician Page 9