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Planning Commission Minutes 07-06-1999 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, July 6, 1999 Members: Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten Staff: Steve Grittman and Fred Patch Absent: Council Liaison Clint Herbst and Jeff O'Neill 1. Chair Frie called the meeting to order at 7:00 p.m. and declared a quorum present. 2. Approval of minutes of the regular meeting held June I, 1999. RICHARD CARLSON MOVED TO APPROVE THE MINUTES OF THE JUNE 1, 1999 REGULAR PLANNING COMMISSION MEETING. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Rod Dragsten inquired on the Kjellberg West mobile home park amendment to the comprehensive plan that was continued at the June 1 meeting. Steve Grittman advised that this item was tabled until the July Planning Commission meeting but it would be discussed at the July 7 MOAA hearing and this should be put back on for the August Planning Commission meeting. Rod Dragsten requested to be included as item #9b to give an update on the North Anchor meetings. Dick Frie requested to be included as item 9c to be advised on the proper procedure for changing through streets to 4-way stops (Walnut Street). 4. Citizens comments. There was no response from the audience. -1. . . . Planning Commission Minutes - 7/6/99 5. Public HearinQ - Consideration of a side yard setback variance from rcquired 20' to proposed 5'. Applicant: Tom Brion Steve Grittman presented the staff report. Mr. Tom Brion has applied for a variance to allow the reconstruction of a detached garage to a portion of his single family lot which would reducc the required 20 foot corner lot side setback to 5 feet. The applicant has suggested that the garagc would be in line with the adjoining neighbor's house setback. The parcel in question appears to have more than adequate rear yard space in which to locate the proposed garage. A small shed on the property could also be moved to facilitate the garage location if necessary. With the availability of other optional locations, the requirement that the City find a hardship is a difficult one to meet. A variance in this case, based on the materials presented, does not appear to be justified by the requirements of the Zoning Ordinance. Chair Frie opened the public hearing. Tom Brion informed the commission of his reasoning for this variance application, explaining the view from his house to his backyard is obstructed and therefore they could not see their children when they are in the backyard playing. He did not discuss with staff any other options he may have, but was open to suggestions. Chair Frie closed the public hearing. There was discussion from the commission on advising the owner of other possible options he may have. Mr. Brion was advised on several options such as moving the existing shcd toward the north of his property line which would open up his backyard, moving the existing buildings around as there is ample land area, possibly moving his driveway, as well as adding on to his existing shed. ROBBIE SMITH MOVED TO DENY THE VARIANCE, BASED ON A FINDING THAT THERE ARE ADEQUATE OPTIONS A V AILABLE TO THE APPLICANT IN SITING A GARAGE, AND THAT THE REQUIREMENT FOR HARDSHIP IS NOT MET. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Public Hearing - Consideration of a preliminary plat and rezoning from Ag to R1 & R2 on a 255 acrc parcel (Groveland). Applicant: Ocello. LLC Steve Grittman presented the staff report. Groveland is a 253 acre project located directly west of the City's western boundary and south ofI-94 along the proposed westerly extension of Chelsea Road. The project consists of a proposed 328 single family lots, -2- . Planning Commission Minutes - 7/6/99 approximately 10 acres of "multi~family" (townhouse), 12 acres of commercial area along the south side of Chelsea Road, several park and wetland open spaces, and a proposed "PZM" area on the far southern portion of the project, adjacent to Kjellberg's Mobile Home Park. The development anticipates that Chclsea Boulevard will be constructed this year between its connection to the east and 90th Street on the west. The first phase of development will include one of the two townhouse parcels and 38 single family lots extending to the south. The Preliminary Plat is heavily affected by two utility easements which run diagonally through the property. A United Power Association easement crosses from the cemetery along 90th Street to the DNR wetland abutting Highway 25. About 800 feet to the southwest, a Standard Oil easement parallels the UP A easement. Both of these easements affect the plat design, as well as the public dedication areas. . Land Use. The land use proposed for Groveland closely reflects the City's Comprehensive Plan for the area, and has been the subject of numerous discussions between City Staff and the developer. The primary area of difference is in the commercial land use designation along Chelsea Road. Chelsea Road is shifted to the north in this project, resulting in a smaller reservation of commercial land than the original planning document for the area. The Comprehensive Plan does acknowledge the likelihood that such changes may be accommodated, however, depending upon the ability to attain the City's land use goals which the maps represent. In this case, the primary objective was the continuous connection of Chelsea Road from east to west. Additional objectives included the preservation of commercial lands along both sides of Chelsea, and creation of attractive open spaces along the two large wetland areas. The land use pattern created by the project is reflective of the City's proposed pattern. The change in the Chelsea Road location decreased the amount of reserved commercial land, but had the added benefit of providing new access to existing commercial properties, notably Gould Bros. Chevrolet. This trade-off should be acceptable, so long as the City reserves the remaining commercial area available to the south of the project in the "Remmele" site, and adjoining properties. Preliminary Plat. The proposed preliminary plat is generally acceptable, although staff has made a number of comments regarding roadway alignment, cul-de-sac design, and public open spaces. The 15 conditions were summarized for the commission. . Steve Grittman pointed out that the plan does meet the land use pattern and that the conditions stated did not all relate to the first phase, although the commission could ask for a revised preliminary plan rather than approving first phase stating the conditions. A letter from the Wright Soil and Water conservation District was provided to all members -3- . Planning Commission Minutes - 7/6/99 regarding the wetland review. Final Plat. The proposed final plat for the first phase includes 38 single family lots and an outlot of 6.1 acres for townhouse development. A rezoning to R-l for the single family area and to R-2 for the townhouse area will be required upon annexation approval and filing of the final plat. The final plat lots meet all requirements for approval, and are not affected by the changes proposed to the remainder of the preliminary plat. Chair Frie opened the public hearing. The commission inquired as to thc number of accesses into this development compared to the number of houses. Steve Grittman stated that thcre is only one access proposcd for phase one of this project but that he has been working with the developer on this issue and there are adequate accesses proposed for the development. . Mr. Scott Hill asked Steve to clarify if Chelsea Road would be realigned again. Steve stated that it would not and that east of the connection point is consistent with the plans. He also stated that the City Engineer and representatives have been in contact with the land owners regarding Chelsea Road. It was stated again that the development will have a number of accesses but will be somewhat limited on the east side. Ms. Iris Harris asked to know the values of the proposed homes and the time frame of bringing in this development. Mr. Dan Parks of McCombs, Frank and Roos explained that he was there to answer questions as well as give a brief overview of this proposed development. He stated that the owners/developers could not attend this meeting and unfortunately he could not answer Ms. Harris' questions on the value of the homes, he would prefer to have the developer explain the type of housing. Mr. Parks stated that his firm deals with the land/lot sizes but not the housing. He relay these questions to the developer. Mr. Tom Holthaus of Little Mountain Development LLC, owner of property on Chelsea Road, provided a letter of concern regarding this proposed project. He feels it is somewhat premature at this time and that he has no intention of developing their property at this time. He is also concerned with the zoning as far as putting single family residential by commercial property and the potential problems of noise, traffic and aesthetics. . Mr. Carlson, business owner, stated this plan would serve his property well and that this is an acceptable alternative. Mr. Rasmussen, land owner, was concerned with the possible rezoning of his agricultural property. Steve Grittman stated Mr. Rasmussen's home would eventually be converted to industrial. -4- . Planning Commission Minutes - 7/6/99 Chair Fric closed the public hearing. Chair Frie reiterated that this request is premature and questioned if anyone approached the township. Steve Grittman explaincd the process and how it works. There was eontinued discussion regarding adequate aeeess into this development, park land dedication and that this proposed development seems premature given that thc MOAA board is not meeting until Wednesday, July 7, and it might bc better to wait until this meeting has oceurred stating that what transpires at the MOAA meeting will help this procedure in an orderly fashion. The commission relayed that they would like the Parks Commission to provide a formal report as well. Chair Frie questioned if we reeommend adoption of the preliminary plat tonight, do we just as well as approve the final plat? Steve Grittman stated that generally this would be true and that is why eonditions are plaeed on the reeommendation for approval. It is common to see long lists of eonditions on preliminaries, but the Planning Commission eould ask to have a revised preliminary plan to show that all conditions have been met. Proeedurally the agreement has been met by MOAA as it meets their requirements. Chair Frie suggested that this information be taken to the MOAA meeting as the next step. . Steve Grittman stated that this proposal has not been the subject of controversy and that this is part of Exhibit C on the comprehensive plan. It was the feeling that it is appropriate to consider this proposal at this time in order to give everyone a chanee to look at all angles to keep the ball rolling. The City Engineer has also been working on the Chelsea Road design and has been in communication with them. The City Engineer feels that this is the alignment that is the most appropriate and meets the peoples expectations. Chair Frie reiterated that he believes these issues should be resolved before moving ahead. The commission also questioned the type of housing, sizes, etc., as well as the power line easement and lots with 40' setbacks. Steve Grittman stated that the type of housing was not something the City could dictate according to City Ordinance. This is not a PUD, but a straight plat according to the subdivision and zoning ordinance. Chair Frie asked of McCombs, Frank and Roos that the styles and price ranges of these homes be known, strictly for information purposes. Rod Dragsten motioned that rather than deny the request, to table for a number of days until these issues have been ironed out. CHAIR FRIE MOTIONED TO RECOMMEND DENIAL OF THE PRELIMINARY PLAT FOR GROVELAND, BASED ON A FINDING THAT THE DEVELOPMENT WOULD BE PREMATURE DUE TO THE MOAA'S MORA TORIUM ON ANNEXATION IN THE AREA. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH ROD DRAGSTEN VOTING IN OPPOSITION. . -5- . . . Planning Commission Minutes - 7/6/99 7. Continucd Public Hearing - Consideration of a rezoning from PZM. Performance Zonc _ Mixed. to I-IA Light Industrial. Applicant: City of Monticello. Stevc Grittman presented the staff report. At the previous meeting of the Planning Commission, this item was tabled pending possible sale of the land in question to a developer interested in development of the land under the current zoning which includcs residential uses. It is my understanding that the Planning Commission did not want to rezone the parcel to industrial if the current sale was contingent on the existing zoning. In other words, the merits of the rezoning did not appear sufficient to ruin a pending land transaction. It is my understanding that the parcel has been sold, or a sale is eminent. Staff has met with the developers who are proposing construction of five 12 unit apartment buildings on the eastern half of the site. The western half (land adjacent to Ruff Auto) will be held for a future use which is likely to be residential as well. The site plan for the entire parcel will be presented for Planning Commission review in August. The commission stated concerns on the time frame of this project as well as the possibility ofthis project turning into a blight area. Fred Patch advised that City Staff has accomplished what was intended and also recognized the blighting that could appear is understood, but at this time that is not an issue. It appears at this time withdrawing is in order. Steve Grittman explained there is a lot of work to do to design this project. Fred explained tax increment financing and the fact that it does take a good deal of negotiating and time. As 7th Street is moved, it is likely work could be done to buffer the Ruff Auto site and that the land use may change. The commission was concerned with facing a rezoning issue if this particular sale (Brennan) falls through. It was stated that it could be up to two years before the City is faced with rezoning again. Fred stated that the Planning Commission could be more proactive in this issue in terms of land use. It was suggested by commission to put a time line on this project. ROY POPILEK MOTIONED TO WITHDRAW PLANNING COMMISSION REQUEST FOR REZONING BRENNAN PROPERTY FROM PZM TO I-lA, WITH THE CONDITION THAT IF A SALE DOES NOT OCCUR WITHIN SIX MONTHS, THE REQUEST WOULD BE REFERRED BACK TO THE PLANNING COMMISSION FOR REVIEW. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. -6- . . . Planning Commission Minutes, 7/6/99 8. Continued Public Hearing - Consideration of a Conditional Use Permit within the B-3 Zonin District to allow an automobile re air facilit and a variance from the Cit 's Parking supply reQulations. Applicant: Royal Tire. Inc. Fred Patch prcsented the staff report. Royal Tire is proposing to occupy the vacated building betwcen Cedar Street and Trunk Highway 25, formerly occupied by the Automatic Garage Door company. The site contains a large metal building with two access drives onto Cedar Street. At the June I, 1999 Planning Commission Meeting, a parking plan had not been completed to the satisfaction of the Zoning Ordinance and Planning Commission. The applicant was directed by the Commission to design a new parking plan that would maximize the parking available on site. Parking Variance According to the parking standards of the Zoning Ordinance, Auto Repair facilities require 8 spaces, plus one space per 800 square feet of floor area over 1,000 square feet. The building consists of 13,500 square feet. This results in a parking requirement for the proposed use of 24 spaces. Attached to this report was an Exhibit which illustrated a site plan providing for 22 parking stalls, including the required handicapped space. A variance of two (2) spaces would be necessary to accommodate this design. Several of the proposed parking stalls will be located in front of existing overhead doorways. Access drives to the building will be retained in its current configuration with curbing added. The variance would allow the proposed user to occupy the building and fIt a reasonable amount of parking on the property in conformance with the setback requirements of the parking regulations. Variances must be supported by a finding that the property may not be put to a reasonable use without the variance. In this case, such a finding may be considered based on the following factors: a. The building is existing on the site. Due to the configuration of the property and existing building, it is not possible to meet the parking requirements for any B-3 use. Other retail uses would require as many as 65 spaces. b. The property is an existing lot of record which is relatively shallow in shape. There is no other opportunity to provide additional parking without requiring removal of a portion of the structure. c. The proposed use minimizes the amount of parking actually needed, due to lower parking needs than other B-3 uses. With these conditions, the variance may be considered a reasonable accommodation. -7- . Planning Commission Minutes - 7/6/99 Due to thc constrained amount of parking, no outdoor and no overnight storage of vehicles should be permitted. This will help to enhance the site's aesthetics, and avoid spillage of parking onto Cedar Street. Conditional lJse Permit As noted, the proposed use requires a Conditional Use Permit in this district. The Zoning Ordinance lists 18 special requirements for the issuance of this CUP. Most of the CUP requirements relate to routine standards applied to commercial uses, including paving and curbing of all parking areas, lighting standards, landscaping and screening, and drainage, dust, and noise control. All appear to be addressed by the new site plan. The remaining components of the site and landscape plan would include Engineering and Zoning Administrator approval. Staff would encourage additional landscaping on this site to enhance the visual impact of the building along Highway 25, and provide a light screening effect of the parking areas along Cedar Street. A sign plan should also be incorporated into the CUP review, in accordance with condition number 13. . Fred Patch explained that the setbacks have been met, as the Ordinance requires 24'. Parking is to be established in front of the two overhead doors as Royal Tire does not need access to these doors. He also states this is a reasonable request as stated in the last report. Scott Hill stated his concern on the storage of vehicles. He did go out to Royal Tire after the last public hearing and it looked as if no attempts were made to take care of the storage problem. He also counted as many as 27 vehicles parked in the lot at one time and both entrances into Royal Tire were partially blocked by vehicles either waiting to be maintained or owned by employees. Mr. Hill was concerned where the vehicles will be parked when it snows. Mr. Dan O'Neill of Royal Tire was present. He explained that measures have been taken to remedy the storage problem and it will be taken care of. A number of the vehicles in question have already been addressed, some of the vehicles are Royal Tire company vehicles as well as employee vehicles. They have also cleared out the back storage area and employee vehicles could be parked back there. At this time there are 13 employees but the maximum number of employees at one time is eight to nine. . Mr. Joel Erickson owner of the Monticello Big Lake Pet Hospital north of Royal Tire was present. He provided a picture taken on 6/24/99 from his property looking at Royal Tire showing cars parked where there are no stalls. People are using the hospital parking lot to get to and from Royal Tire and his concern is that it will get worse as the business and -8- . Planning Commission Minutes - 7/6/99 the City grow. Fred Patch advised that a good deal of work has been done regarding other issues with Royal Tire. This space was previously used as storage/warehouse and there will be additional SAC charges and other issues other than zoning but that these are secondary to land use concern. Royal Tire needs to make arrangements for off-site storage for these vehicles. An option would be to acquire land aeross the street as parking is not part of the land use. Joint parking agreements could be worked out. ROBBIE SMITH MOTIONED TO DENY THE VARIANCE, BASED ON A FINDING THAT ADDITIONAL LAND COULD BE SOUGHT, OR BlJILDING SIZE REDUCED, TO COMPLY WITH THE MINIMUM PARKING REGULATIONS. NO SECOND ON THE MOTION. MOTION DIED. . RICHARD CARLSON MOTIONED TO APPROVE THE VARIANCE FROM 24 PARKING SPACES TO 22 PARKING SPACES, BASED ON A FINDING THAT THE EXISTING LOT OF RECORD IS SHALLOW IN DIMENSION, AND THE EXISTING BUILDING RESTRICTS THE ABILITY TO ADD OTHER PARKING TO MEET ZONING ORDINANCE REQlJIREMENTS. ROD DRAGSTEN SECONDED THE MOTION, WITH THE AMENDMENT THAT ALL 22 STALLS ARE TO BE A V AILABLE YEAR LONG. MOTION CARRIED WITH DICK FRIE AND ROBBIE SMITH VOTING IN OPPOSITION. Conditional Use Permit for Auto Repair in a B-3 District ROBBIE SMITH MOVED TO DENY THE CUP, BASED ON A FINDING THAT THE PROPOSED USE CAN NOT FIT ON THE SITE DUE TO PARKING AND LOADING REQUIREMENTS. NO SECOND ON THE MOTION. MOTION DIED. ROY POPILEK MOTIONED TO RECOMMEND APPROVAL OF THE CUP, BASED ON THE FINDING THAT PARKING WILL BE ADEQUATE AS PROPOSED, NO OVERNIGHT AND NO OUTSIDE STORAGE OF VEHICLES WILL BE ALLOWED, AND ON CONDITION THAT THE REQUIREMENTS APPL YING TO THIS CUP LISTED IN THE ORDINANCE ARE SUBMITTED TO STAFF FOR REVIEW AND APPROVAL. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED WITH ROBBIE SMITH VOTING IN OPPOSITION. . -9- . . . Planning Commission Minutes - 7/6/99 9. Continued Public llearing - Consideration of a Zoning Ordinance amendment adding Tatoo parlors as a permitted use in a B-4 District. Applicant: Citv of Monticello. Steve Ci-rittman advised the commission that he did receive information on this issue while he was on vacation last week, but he did not have a chance to review this information before this evenings meeting. Steve requested that this item be on the August Planning Commission agenda. ROY POPILEK MOVED TO CONTINUE THE PUBLIC HEARING FOR CONSIDERA TION OF A ZONING ORDINANCE AMENDMENT ADDING TATOO PARLORS AS A PERMITTED USE IN A B-4 DISTRICT TO THE AUGUST PLANNING COMMISSION MEETING. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED. 9b. North Anchor Update Rod Dragsten presented the report stating that the North Anchor committee has been meeting every two weeks. 9c. Request for explanation as to the procedure regarding through streets chanlled to 4-wav stops (Walnut St.). FP. Fred Patch explained the reason for changing this particular intersection from a through street to a 4-way stop. The Fire Department had approached City Staff stating their difficulty getting to fires with the traffic and road construction lately. Staff and Council felt it appropriate for fire vehicles to pass down 6th Street to Hwy 25. Their intention is to only have the stop signs on Walnut Street in the future as it is not intended to be a through way as it is pedestrian oriented. Mayor Belsaas brought this issue up to Council who directed staff to make the change to a 4-way and the Public Works department ordered signs for Walnut Street. Fred stated this was an add on item at the last Council meeting and the Mayor felt it vital that signs go up immediately due to the fire department vehicles. There are additional signs on the way. 9d. Request for interpretation and clarification on an ordinance adopted at the last Citv Council meeting regardinll the removal of elected officials from office. Chair Frie expressed his concern with the language stated in the ordinance proposed at the last City Council meeting. He stated that the way the ordinance now reads, commissioners are on a day-to-day basis and can be removed at any time. He does not feel that this language is the intent of the Council. He asked Steve Grittman to express -10- . . . Planning Commission Minutes - 7/6/99 thc Planning Commission's opinion at the special mceting being held Thursday, July 8, 1999. Stevc stated he will if given the opportunity to speak as it is not a public hearing. 10. Adjourn. ROBBIE SMITH MOVED TO ADJOURN AT 9:30 P.M. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. \. ~ (/J/11.J'~ ...' Recoiding Se etary -11-