Planning Commission Agenda 06-26-2000 (Special Meeting)
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Members:
AGENDA
SPECIAL MEETING - MONTICELLO PLANNING COMMISSION
Monday, June 26, 2000
5:30 P.M.
Dick Frie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten
Council Liaison:
Clint Herbst
Stail:
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2.
3.
4.
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5.
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JeilO'Neill, Fred Patch, Steve Grittman and Lori Kraemer
Call to order.
Consideration of adding items to the agenda.
Citizens comments.
Continued Public Hearing - Consideration of an amendment to the zoning ordinance for
auto sales in the B-3 District allowing for a principal building smaller than (500 square
feet. Applicant: Dunlo Motors.
Continued Public Hearing - Consideration of an amendment to a planned unit
development in a B-3 District to allow the expansion of an auto sales and storage lot.
Applicant: Dave Peterson's Monticello Ford. * Applicant requests continuation as site
plan data prep is still in progress*.
6. Adjourn
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Planning Commission Agenda - 06-26-00
5.
Consideration of an amendment to the zoning ordinance for auto sales in the B-3 District
allowing for a principal building smaller than 4.500 square feet. Applicant: Dunlo
Motors. (0)
REFERENCE AND BACKGROUND
The Planning Commission has scheduled a special meeting immediately prior to the City
Council meeting to discuss the zoning ordinance amendment necessary to allow Dunlo
Motors to move to the old Wendy's site. Information regarding the request can be [(mnd
in the attached information to the Planning Commission. In summary, the City's zoning
ordinance sets a threshold of 4,500 square feet as the minimum size for a structure
associated with auto sales. The Wendy's building is 2,950 square feet which is 6% of
the total land area at the 1 acre site. The new ordinance if approved would reduce the
building size threshold to 2,950 square feet.
Using the Dunlo building to site area ratio as the guide, the ordinance would also include
a required ratio of building area to site area which would eliminate the possibility of a
small building on a large parcel. On the positive side, the new ordinance would enable a
positive re-use of a now vacant building. Of concern is the potential of proliferation of
used car dealerships operating out of relatively small buildings. The redevelopment of
the Pord and GM dealerships along with the new development the Chrysler Dealership
will make Monticello an inviting place for car shoppers and used car dealerships.
Reductions in the minimum standards will make it easier for used car dealership to set up
shop on the coat tails of the new stores.
AL TERNA TIVE ACTION
I. Motion to approve the zoning text amendment as recommended allowing
minimum size structure of 2,950 square feet and a building to site area ratio of 6%
based on the finding that the amendment is consistent with the comprehensive
plan and consistent with the characteristics of the B-3 District.
2. Motion to deny approval of the zoning text amendment based on the findings that
reduction in the building size requirements is not consistent with the
Comprehensive plan and not in keeping with the character of the the B-3 district.
3. Motion to modify and approve the proposed zoning ordinance amendment
enabling development of the Dunlo Dealership is proposed.
Planning Commission Agenda - 06-26-00
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STAFF RECOMMENDATION
Staff prefers to sit on the fence. There is no doubt that regulation of used car dealerships
is integral to the success of commercial areas. With the great investment in new car
dealerships it is likely that we will see continued interest in used car dealerships which is
not a bad thing unless a proliferation of used car lots and associated absorption of land
eats away at the potential for development of tax base. Will this ordinance change result
in such an occurrence? We just don't know. It is up to the Planning Commission and
City Council to determine if the ordinance amendment as proposed will be a step in the
right or wrong direction.
SUPPORTING DATA
Inf()rmation from Planning Commission Meetings.
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Planning Commission Minutes - 5/2/00
5.
Public Hearing - Consideration of a Conditional Use Permit for Auto Sales and a variance to
the minimum building size requirements for auto sales, or an amendment to the minimum
building size requirements in a B-3 Zoning District. Applicant: Dunlo Motors.
Steve Grittman, City Planner, provided the staffreport regarding the applicant's request for a
Conditional Use Permit to operate an automobile sales facility on the property formerly
occupied by Wendy's along Oakwood Drive. The existing building, currently vacant,
consists of approximately 2,950 square feet in area. The applicant indicates that they intend
to retrofit the existing building for sales, maintaining the parking lot for customer parking
and vehicle display.
The Zoning Ordinance lists a number of conditions attached to the consideration of auto
sales in the 8-3 District. Almost all of the listed conditions would be complied with by the
proposed use, with some discussion about landscaping and the parking and curbing along the
west boundary. The primary issue is with the building size requirement. The applicant
would also add additional lighting and address the landscaping. Dunlo is looking at a
display area to the west of the site and has indicated they would like to defer final
improvements of that boundary as they are working with Peterson Ford on this issue.
The applicant is pursuing a variance to this requirement, or the City's approval of an
amendment to the Zoning Ordinance to lower the building size requirement to accommodate
the proposed use. The applicant argues that the access to the property resulting from the
changes to the Highway 25/Interstate 94 interchange area have made other uses, including
the fast food restaurant use, no longer viable.
The alternative option requested by the applicant is an amendment reducing the floor area
for auto sales facilities. Auto sales uses can have a tendency to maximize paved open sales
area, and minimize building area. The 4,500 square foot threshold in the ordinance is
designed to encourage a greater proportion of site utilization by building as opposed to open
sales lot. In most cases, building size is directly related to employment and property value.
These are issues on which the City has focused its economic development activities in the
past. Reducing the building size would apply throughout the B-3 District, and would tend to
limit both employment and building valuation.
Chair Frie opened the Public Hearing.
Roger Zahn, Attorney representing Oxboro Development, states the developers agreement
with the project the applicant has applied for. Oxboro is a partnership who has been selling
oiTit's properties slowly over the pasts years, this particular site being one of them. The
previous Wendy's was a tenant ofOxboro Development. He also stated that Wendy's had
contacted them to locate back in Monticello at their previous site and negotiated with them,
but with the access to the location the way it is they did not proceed with the purchase. He
states that they have tried to get another fast food chain into this building to no avail. Mr.
Zahn believes that there is reasonable hardship in that this building cannot be used as its
intended use as a fast food restaurant due to the access to this building.
Andrew Duncanson, President of Dunlo Motors, gave a brief description of his business
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Planning Commission Minutes - 5/2/00
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which has been in business for 16 years. He clarified that they are a sales company only, no
servicing of autos, therefore the size of this building is suitable. He states they plan to do
everything to make the site attractive, especially the south side. He would like to work with
Dave Peterson Ford, but would comply on his own ifneed be. Mr. Duncanson stated Dunlo
Motores would generate approx $25,000 per month in taxes.
Allan Wright, Realestate Broker from St. Cloud representing Oxboro Development stated
the difficulty with putting in a fast food restaurant was the access problem.
Molly Peterson, co-owner of Playhouse Childcare Center and one of the owners of the
adjacent properties, stated some of the concerns they have if a variance is granted. She
states that there are a great number of fast food and auto sales facilities but they are the only
licensed childcare center. She also reminded the commission of the concerns they had
previously brought to their attention when the Ford expansion occurred. She states they are
surrounded on three sides now with auto dealers and if this variance is granted they will be
surrounded on all four sides. They have concerns with people walking around looking at the
cars and the uneasy feelings they have being a childcare provider with this increase in traffic.
She states that the City would be creating a hardship for them if this variance is granted. She
provided a letter stating concerns from parents if this variance is granted. Chair Frie
addressed Ms. Peterson asking about the hours, which she stated are 6 a.m. to 6 p.m. and that
there is a possibility for extended hoUTs. Chair Frie also asked about the Playhouse staff
parking in the Wendy's site now and she stated that it is their assumption that parcel is
actually part of the Childcare Center property.
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Diane Mandel, co-owner of the Playhouse Childcare Center, addressed the Planning
Commission sharing a letter stating concerns from a parent regarding health, safety and
increasing pedestrian and vehicle traffic. She stated they felt the children would be more
susceptible for incidents to occur and does not feel this is conducive to the Childcare site.
Ms. Mandel stated they feel the City has a responsibility to these children. She also
provided pictures of the current conditions with the expansion of the Ford Auto.
Chair Frie closed the public hearing.
Jeff O'Neill, Deputy City Administrator, provided an update on the Ford dealership stating
that Ford did not go through the proper process for their CUP, stating statThad asked Ford to
rcvise their site plan before approval and unfortunately they did not get their revised site
plan to the Planning Commission prior to this meeting. O'Neill state there are curbing and
landscaping issues and that perhaps staff will request fencing.
Chair Frie asked Molly Peterson if Steve Johnson, Monticello Ford, had gotten together with
the Playhouse Childcare Center to address the previous issues with them and she stated he
has had no contact with them.
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Robbie Smith asked about Ford using that site without a CUP and O'Neill stated that this is
an issue and that when they requested a revised site plan it did not arrive until this week.
Smith also stated that if Dunlo Motors decides to put a 4,500 sq. ft. building on that site they
would be in compliance with City ordinance, and Ms. Peterson stated that if that was the
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Planning Commission Minutes - 5/2/00
case they would deal with it, but it would be better that than the City granting a variance to
them without the dealer demonstrating a hardship in meeting the ordinance. Smith also
stated he still is not happy with the Automax issue or the Monticello Ford issue with their
noncompliance with the City's conditions placed on them.
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Rod Dragsten addressed the safety issue that Playhouse is concerned with, noting that being
in a B-3 zone there could be any type of business that would create the same type of
pedestrian/vehicle tra11ic. Dragsten also asked if the City ordinance stated the number of
cars allowed and Steve Grittman stated it does not but the City could limit the number via a
condition of a CUP.
Popilek had questions on setbacks being to the west only and Grittman stated it appears
there needs to be an additional strip of landscaping to the south. The display area did meet
the required setbacks. It was also stated that there would be access from the Playhouse to
the car lot but that it would be buffered and suggested that the same condition would be
placed on the south. The outdoor play area on the south side is strictly secluded to the back
and is in use for at least 6 hours of the day. Ms. Peterson stated they would need
landscaping along the north as well, which would be Dunlo' s south.
The Planning Commission asked Dunlo Motors if the 4,500 sq. ft. condition is a viable
option and they stated it is not. The commissioners asked Grittman if 4,500 sq. ft.
requirement is consistent with other communities and he stated that it is a bit unusual, most
of the ordinances require a minimum commercial building size of 1,000 to 2,000 sq. ft.,
although some require additional square footage for auto service but not as large as 4,500 sq.
ft.
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Decision 1: ConditionallJsc Permit for Auto Sales in a B-3 District
ROD DRAGSTEN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
WITH CONDITIONS LISTED BELOW, BASED ON FINDINGS THAT WITH
LANDSCAPING, APPROPRIATE CURBING, AND OTHER CHANGES, THE SITE
IS SUITED TO THE PROPOSED USE:
Conditions:
1. Retain landscaped island north of the building.
2. Install five foot wide landscaped green space along west and south boundary lines, in
accordance with the Zoning Ordinance requirements for parking areas and as
approved by City staff.
3. Install continuous concrete curbing along the west side protecting the landscaping
from the parking area.
4. Total retinishing/re-paving of the entire parking lot.
5. Fencing installed on south side to buffer "The Playhouse" from auto dealer on left side
with a 6 foot fence as approved by City staff.
6. Compliance with 4,500 sq. ft. building regulation or adoption of/modification of an
amendment to the Zoning Ordinance reducing the building size.
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DICK FRIE SECONDED THE MOTION. MOTION CARRIED 3 TO 2 WITH
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Plann ing COIl1Il1 ission Minutes - 5/2/00
ROBBIE SMITH AND ROY POPILEK VOTING IN OPPOSITION.
Decision 2: Variance to Building Size for Auto Sales in a B-3 District
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ROBBIE SMITH MOVED TO DENY THE VARIANCE BASED ON A FINDING
THAT THERE IS NO PHYSICAL HARDSHIP IN COMPLYING WITH THE
ZONING STANDARDS FOR THE PROPOSED USE. ROY POPILRK SECONIlED
THE MOTION. Motion carried 4 to 1 with Rod Dragsten voting in opposition.
Decision 3: Amendment to the Zoning Ordinance Reducin~ the Building Size
ROBBIE SMITH MOVED TO DENY AMENDMENT TO THE ZONING
ORDINANCE REGARDING REQUIRED BUILDING SIZE. THERE WAS NO
SECOND TO THE MOTION. Motion did not prevail.
RICHARD CARLSON MOVED TO TABLE ACTION ON THE AMENDMENT,
PENDING ADDITIONAL INFORMATION, NAMELY RESEARCHING EXISTING
ORDINANCE AS IT RELATES TO BUILDING SIZE. ROD DRAGSTEN
SECONDED THR MOTION. Motion carried 4 to 1 with Robbie Smith voting in
opposition.
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Planning Commission Minutes - 6-6-00
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6. Consideration of an amendment to the Conditional Use Permit conditions for Auto Sales
in a B-3 District issued to Dunlo Motors. Applicant: Dunlo Motors.
Steve Grittman provided the staff report regarding the Dunlo Motors request for an
amendment to their approved Conditional Use Permit to allow a reduction in the size of
the existing landscaped island north of the existing building and replacement of the
required fence along the south boundary with a landscaped median. The original plan
submission had proposed eliminating the north island altogether, replacing it with sales
lot space. The staff report had recommended rctaining the island, a recommendation
ineluded in the CUP approval. With regard to the south boundary, concerns raised by the
neighboring child care facility resulted in a recommendation that a fence be installed.
The applicant's wish is to replace the fence with a landscaped median to allow more
efficient use of thc parking and sales area.
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The island is currently in place, and is the primary green space on the parcel40gether yvith
the required perimeter landscaping. Any change would reduce green area and ailect
traffic flow, although traffic is likely to be much less of a concern for auto sales than it
was for a fast food restaurant. The south boundary would increase landscaped green area,
and would likely improve aesthetics in the area. The child care operators had expressed
concern with the condition of property adjacent to them.
Chair Frie opened the public hearing. Andrew Duncanson, Dunlo Motors, addressed the
commission noting his conversation with Jeff O'Neill, Deputy City Admin, in that the
need for a fence was not necessary and too costly, stating Mr. O'Neill was in agreement
on this item. This area was originally an egress lane and they are asking to modify.
The public hearing was closed. There was discussion regarding cutting down the green
space but noting that the fence was an issue with the childcare center area next door in
regard to safety issues. Duncanson noted he did attempt on several occasions to call Ms.
Peterson from thc childcare center to discuss this but was unable to reach her. The
Playhouse stated the issue was more about the fence protecting people from getting into
the Childcare area. Ms. Mandel, Playhouse Childcare, was under the impression that it
would be a privacy fence. Grittman stated the island should be reduced only enough for
cars to get around it. The Planning Commission addressed Dave Peterson, Peterson Ford,
concerning the 30 ft strip that Peterson owns, who stated he has no intention of
developing it, building on it or parking on it. Chair Frie advised that Peterson Ford would
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Planning Commission Minutes - 6-6-00
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be liable for any instances that might occur on this 30 1'1. strip of land. It was also
discussed that a bufler to this area would not buffer the ehildeare center from Peterson
Ford.
A MOTION WAS MADE BY ROBBIE SMITH TO RECOMMEND APPROVAL OF
THE CUP AMENDMENT (a) REDUCING THE SIZE OF 1'1 IE EXISTING ISLAND
JUST ENOUGH TO ALLOW TRAFFIC TO CIRCULATE THROUGH THE AREA;
(b) REQUIRING THE FENCE ALONG 'fHE SOUTH BOUNDARY TO BE
DETERMINED IN AGREEMENT WITH THE CITY, PETERSON FORD, DUNLO
MOTORS AND THE PLAYHOUSE CHILDCARE CENTER. ROY POPILEK
SECONDED THE MOTION. Motion carried.
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