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Planning Commission Minutes 03-07-2000 I , , Planning Commission Minutes - 03/07/00 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, March 7,2000 4:00 P.M. Members Present: Acting Chair Richard Carlson, Robbie Smith, Roy Popilek, Rod Dragsten and Council Liaison Clint Herbst Absent: Chair Dick Frie Stall Present: Jeff O'Neill, Steve Grittman and Lori Kraemer 1. Call to order. Acting Chair Richard Carlson called the meeting to order at 4:00 p.m. 2. Approval of minutes of the regular meeting held Februarv 1, 2000. ROY POPILEK MOVED TO APPROVE THE MINUTES OF THE FEBRUARYl, 2000 REGULAR PLANNING COMMISSION MEETING. ROBBIE SMITH SECONDED THE MOTION. Motion carried. 3. Consideration of adding items to the agenda. None 4. Citizens comments. None 5. Public Hearing - Consideration of a re(west for a conditional use permit allowing open sales as an accessory use in the B-4, Regional Business District. Applicant: Scott Rolfe, Skippers Pools & Spas. Jeff O'Neill presented the report noting that Scott Rolfe, Skippers Pools and Spas, and the HRA are requesting a renewal of the conditional use permit allowing outside sales at 101 W. Broadway. Jeff stated that new this year is the request to fill the pools which goes against one of the previous conditions of approval, and also that Scott Rolle is aware of the concerns regarding outside storage and has indicated the he will comply with the terms of the permit in the future. The liRA has also indicated that they will monitor the use of their property. Acting Chair Richard Carlson opened the Public Hearing. Scott Rolfe, Skippers Pools, addressed the members stating that the storage concern has been cleared up with the HRA -1- I Planning Commission Minutes - 03/07/00 and understands the terms of the conditions. Rolfe explained the reason for filling the display pools not only for aesthetics, but also to keep the pools grounded. Rolfe also spoke with the Wright County SherilT's Department who could not foresee any problems with filling the display pools. The display will be lit at all times and winter covers will be placed on the pools. He feels all safety issues have been addressed. Acting Chair Carlson closed the public hearing. There was a discussion by the members regarding the pools being filled and the City's liability should anyone get into them and drown. It was noted that the City would most likely be named as liable, but that it had nothing to do with the conditional use permit. The HRA would be handling the lease agreement which would indemnify and hold harmless the City. It was also noted that Skipper's has not previously abided by the conditions placed on them in 1998 when the first conditional use permit was issued, and the fact that the HRA had two written contacts with them as well as one visit to get the storage/debris cleaned up. , ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT ALLOWING OUTDOOR DISPLAY AND SALES, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Entering into a satisfactory lease arrangement with the HRA, including an indemnity and hold harmless clause for the HRA/City of Monticello. 2. All lighting must be directed away from the public right-of-way. 3. Parking stalls must be clearly striped and marked. 4. No permanent or temporary signs shall be erected on the outdoor display. 5. Any swimming pool or spa displayed outdoors must be provided with a continuous surrounding barrier to prevent entry. 6. Outdoor swimming pool or spa displays may contain water for structural reasons, but must be securely covered nightly. 7. All items shall be removed by August 31, 2000. No outside storage allowed under this permit. 8. The conditional use permit shall be seasonal from April through August 31, 2000. , ROY POPILEK SECONDED THE MOTION. Motion carried unanimously. -2- I , tp Planning Commission Minutes - 03/07/00 6. Public Hcaring - Consideration of an amendment to the zoning map to rezone a parcel from 1-1 A, Light Industrial. to R-3. Multiple Family Residential. Applicant: Joseph and Mamie LaFromboise. Stevc Grittman presented the report stating the receipt of an application for a rezoning of property along between 7th Street and Interstate 94. The property is currently zoned I-I A, and abuts an undeveloped industrial parcel to the west, and an apartment complex zoned PZM to the east. There is R-3 zoning to the north across Th Street. From a policy standpoint, the City has protected its supply of industrial land. The Comprehensive Plan goals list industrial development as a major objective of the City, particularly higher end industry. The property in question has a great deal of freeway exposure, making it an attractive industrial site for many purposes. The freeway exposure tends to degrade the propcrty as a residential property. As a residential site, the property would ercate a number of issues. The exposure to the freeway is one, as is the continued concentration of higher density housing in a single are of the community, as well as noise. Staflwould be concerned about project quality ofa multiple family development due to these factors. Jeff O'Neill noted that there is a stormscwer line to the east of this property which could create a small barrier. O'Neill also stated that the City could rezone this parcel and have residential on both sides of this stormsewer, but that putting in a stormsewer would be very expenSlve. Acting Chair Carlson opened the public hearing. Gary l,aFromboise and his partner, owners of the Bluffs and the Pointe Apartments, represented Joseph and Mamie Lafromboise. They stated their feelings that this location would fit well as R-3, noting its close proximity to the existing apartments. They also felt that the lay of the land did not lend itself as well to industrial, and that Monticello has the need for more multiple residential units. Hearing no further discussion from the audience, the public hearing was closed. There were further commcnts among the members regarding the size of a multiple unit building if it were zoned R-3, the fact that it is so close to the freeway and that it would overlook commercial property at some point. The members also questioned whether any others had approached the City with ideas for this parcel and Jeff O'Neill stated that Joseph LaFromboise had visited with staff last year to talk about options, and that he had discussed the potential of a mini storage building on that parcel. O'Neill also stated that nearby parcels had been discussed for future developments by other parties. Some members felt the City would be better served with businesses along the freeway rather than multi family, and that this area would be very close to the future over-pass which would make it more appealing to industries. -3- I , . Planning Commission Minutes - 03/07/00 ROY POPILEK MOVED TO RECOMMEND DENIAL OF THE REZONING, BASED ON A FINDING THAT THE COMPREHENSIVE PLAN CALLS FOR A PRESERV A TION OF INDUSTRIAL LAND, AND THE FREEWAY EXPOSURE WOULD NEGATIVELY IMPACT A MULTIPLE FAMILY PROJECT. ROBBIE SMITH SECONDED THE MOTION. Motion carried three to one with Rod Dragsten voting in opposition. 7. Consideration of a request to call for a public hearing on modification to the zoning ordinance that would enable City staff to initiate zoning code amendments. .Jeff O'Neill advised the members that the current ordinance does not clearly provide City staff with the latitude to introduce a potential ordinance amendment. Currently, Planning Commission, City Council, and a property owner have clear authority to request a zoning ordinance amendment. Staff requests that the Planning Commission consider making an amendment to the ordinance which would allow an amendment to proceed directly to public hearing at the initiation of City staff. O'Neill advised that in the past, City staff has made a liberal interpretation of the code and has initiated minor ordinance amendments. Enabling staff to initiate ordinance amendments would serve to expedite the amendment process where housekeeping chffilges to the code are needed. This authority would be employed most often where mistakes are noted in the code such as an obvious inconsistency or oversight, or whcre clarifications in the code are needed. It would not be employed for amendments that would be potentially controversial. For such amendments, stafl recognizes that it is better to have the Planning Commission or City Council initiate action to change the code. The members discussed concerns stating that with changes in commission members and staff there could be a potential for controversies, ffild that by allowing staff to proceed directly to the public hearing stage could possibly create problems rather than correct them. It was discussed that possibly staff could take an issue to the Planning Commission Chair for his review first, especially if there is an item that needs to be expedited. Steve Grittman statcd that it is quite common to give Planning/Zoning the authority to act on such issues, however Monticello's code docs not give this authority. After further discussion, the members felt it was in their best interest to not authorize City staff to initiate zoning code amendments. ROBBIE SMITH MOVED TO DENY REQUEST TO CALL FOR A PUBLIC HEARING ON A ZONING ORDINANCE AMENDMENT THAT WOULD ENABLE CITY STAFF TO INITIATE A ZONING ORDINANCE AMENJJMENT. ROD DRAGSTEN SECONDED THE MOTION. Motion carried unanimously. -4- I . . Planning Commission Minutes - 01/07/00 8. Consideration of calling for a public hearing on an amendment to the comprehensive plml that would convert the Gold Nugget residential area to industrial uses. Jeff O'Neill provided a report reminding the Planning Commission that the Gold Nugget property is identified in the Comprehensive Plan adopted by the City in 1996 as residential. During the Gold Nugget site development review process, the MOAA Board membership changed with the new Mayor, and a member of the City Council serving on the MOAA changed his mind regarding residential use of the properiy. Consequently, the MOAA plan designated industrial, which does not follow the City plan in this area. The land is not developahle under circumstances where there is an inconsistency between the MOAA and City plans. Unless one of the Planning Groups switches, the property is undevelopable until the agreement between City and township expircs (9 years). 'r-he Industrial Development Committee requests that the Planning Commission take another look at the property and determine whether or not it might make sense to shift the zoning to another type or types of uses. O'Neill disclIssed some of the factors to include in the study as well. Therc was discussion among the members as to the best use of this land, would it he changed just to change again at some point in time, how much a study like this would cost and was it necessary, and should they even look into this matter before the lawsuit is finished. It was decided to have Jeff O'Neill provide more information at the regular meeting in April. ROBBIE SMITH MOVED TO TABLE THIS ITEM UNTIL THE REG1.JLAR MEETING IN APRIL, PENDING FURTHER INFORMATION PROVIDKD BY JEFF O'NEILL. ROD DRAGSTEN SECONDED THE MOTION. Motion carried unanimously. 9. Adiourn ROBBIE SMITH MOVED TO ADJOURN THE MEETING AT 5:30 P.M. ROD DRAGSTEN SECONDED THE MOTION. Motion carried. -5-