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Planning Commission Minutes 10-06-2015MINUTES MONTICELLO PLANNING COMMISSION Tuesday, October 6, 2015 - 6 PM - Mississippi Room, Monticello Community Center Present: Brad Fyle, Linda Buchmann, Marc Simpson Absent: Sam Murdoff, John Falenschek Others: Angela Schumann, Steve Grittman (NAC), John Rued, Charlotte Gabler (Council Liaison) 1. General Business A. Call to order Brad Fyle called the meeting to order at 6 p.m. B. Consideration to approve Planning Commission minutes BRAD FYLE MOVED TO APPROVE THE AUGUST 4TH, 2015 REGULAR MEETING MINUTES. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Brad Fyle asked for clarification related to the Quarry Church motion documented in the September 1St draft minutes. Angela Schumann summarized that the discussion related to the request for text amendment focused on language to allow Places of Public Assembly in the B -3 District by Conditional Use Permit. However, the Planning Commission actually approved language to allow Places of Public Assembly in the B -3 as a permitted use, as a result of reading the motion as it had been written in the staff report. Schumann indicated that the commissioners could choose to correct the motion to reflect the intent of the discussion for the record. She noted that staff had pointed out this discrepancy and provided clarification within the staff report presented for City Council consideration. Fyle suggested tabling consideration of the September minutes until Sam Murdoff was present to provide input as he had seconded the motion. LINDA BUCHMANN MOVED TO TABLE ACTION RELATED TO THE SEPTEMBER 1 ST, 2015 REGULAR MEETING MINUTES. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. C. Citizen Comments None D. Consideration of adding items to the agenda • November Meeting Date (Schumann) Planning Commission Minutes: 10/06/15 2. Public Hearings A. Public Hearing — Consideration of a request for Amendment to Development Stage Planned Unit Development (PUD) for Sunset Ponds, for a proposed rear yard setback variance for attached accessory structure decks in the R -2 (Single and Two Family Residence) District, Applicant: Fedder Homes Steve Grittman explained that the requested amendment to PUD would allow an eight foot extension into the rear yard setback to accommodate construction of 8x12 foot decks and stairways at three two -story townhomes located at 6794, 6788 and 6782 Gingham Court (Lots 22 -24, Block 7, Sunset Ponds). He noted that such requests are usually considered as part of an original residential PUD approval, but suggested that it is not uncommon to allow a zero setback to accommodate adding a deck. Grittman confirmed that there are no public utilities planned for that area. Grittman cautioned that soil conditions or water table issues may impact the stability of typical deck footings. He pointed out that the applicant would be required to work with the Building Department to determine footing requirements which would support the deck as a condition of approval. Brad Fyle opened the public hearing. Kelly Lillback, 6782 Gingham Court, asked if it would be an option to allow the deck to overhang the footings byl2 -18 inches to increase the size of the deck. Grittman explained that, although not at ground level, the deck overhang would extend beyond the property line because lot lines run vertically as well. He pointed out that neither the Planning Commission or City Council have the authority to allow that. Hearing no further comments, the public hearing was closed. LINDA BUCHMANN MOVED TO ADOPT RESOLUTION NO. PC- 2015 -015, RECOMMENDING APPROVAL OF THE PUD AMENDMENT ALLOWING THE CONSTRUCTION OF DECKS THAT ENCROACH WITHIN THE REQUIRED SETBACK, BASED ON THE CONDITIONS LISTED IN EXHIBIT Z. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Angela Schumann noted that the staff report had been sent to each of the property owners as well as to Fedder Homes. She indicated that this request would be included on the October 26th City Council meeting agenda. B. Public Hearing - Consideration of a request for Conditional Use Permit (CUP) for an Accessory Building in a M -H (Manufactured Home Park) District, as per Chapter 5.3(D) of the Monticello Zoning Ordinance Applicant: Kiellberg's Inc./Kiellberg, Kent 2 Planning Commission Minutes: 10/06/15 Angela Schumann explained that the applicant requested a Conditional Use Permit to allow the construction of an accessory structure enclosure to an existing accessory structure used for outdoor storage on the Kjellberg's Inc. West Manufactured Home Park site located at 9127 State Highway 25 NE. Schumann pointed out that major detached accessory structures in the M -H District are conditionally permitted subject to requirements that the storage building and outdoor storage area are not used by non - residents and that the outdoor storage area is fully screened per Monticello Zoning Code Section 5.3(D)(3). She noted that the proposed expansion presented no issues with code requirements. Schumann summarized that the proposed structure would enclose, on three sides, existing fuel storage containers located in an adjacent outdoor storage area. She noted that compliance with fire standards would be included as a condition of approval. Brad Fyle opened the public hearing. Marty Kjcilberg indicated that there are no plans for storage around the tanks within the enclosure. She explained that their provider had recommended covering the fuel tank so that it would not be compromised by moisture. Kjeliberg noted that screening the tank from view also acts as a deterrent. As there were no further comments, the public hearing was closed. MARC SIMPSON MOVED TO RECOMMEND APPROVAL OF ALTERNATIVE #1; THE CONDITIONAL USE PERMIT (CUP) FOR 9127 STATE HIGHWAY 25 FOR AN ACCESSORY BUILDING IN A MANUFACTURED HOME PARK (M- H) DISTRICT, BASED ON FINDINGS IN RESOLUTION PC -2015 -014 AND SUBJECT TO THE CONDITIONS AS LISTED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. EXHIBIT Z Conditional Use Permit — Accessory Structure 9127 State Highway 25 NE Kjellberg's Inc. /Kjellberg, Kent 1. The approval is subject to the review and comment of the City Engineer regarding grading and drainage at the time of building permit. 2. The applicant shall comply with all requirements of the Chief Building Official for the construction of the accessory structure and for enclosure of the existing fuel storage tanks, including building code permit and listing requirements, and all applicable codes and standards such as NFPA 58. 3 Planning Commission Minutes: 10/06/15 3. The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non - residents. Schumann indicated that this request would be included on the October 26fl' City Council meeting agenda. C. Public Hearing — Consideration of a request for Amendment to Development Stage Planned Unit Development (PUD) for Taco Bell, for building addition in the Central Community District (CCD), as per Chapter 2.4(0)(10) of the Monticello Zoning Ordinance Applicant: Border Foods Angela Schumann reported that Border Foods proposed adding an exterior cooler and remodeling the Taco Bell restaurant (124 7t' Street East) to accommodate the expansion. Schumann indicated that the Conditional Use Permit (CUP) for this site is incorporated within the original Planned Unit Development (PUD) approval. The PUD provides the hotel property to the south access to 7t' Street through the Taco Bell property. Schumann explained that the proposed expansion also requires a CUP amendment because restaurants are a conditional use per Central Community District (CCD) guidelines. In addition, a PUD amendment is required per Section 2.4(0)(10)(b) of the Zoning Ordinance because the expansion represents a 7% increase in square footage. Schumann noted that the proposed expansion presents no issues with building or lot square footage requirements or setback requirements. She pointed out that the expansion would increase compliance with the 20% building coverage requirement in the CCD. Schumann summarized that no changes are proposed to existing site access, drive - through configuration, parking, landscaping, signage or other building components. She indicated that staff had determined that the 50 square foot increase in impervious surface on the site would not create drainage concerns. Schumann pointed out that the metal finish material proposed for the cooler unit is prohibited in Business Districts per Section 4.11(D) of the Zoning Ordinance. She explained that PUDs allow flexibility from standards if offset by other improvements. She indicated that the applicant had proposed a landscaping plan which would provide additional screening. Schumann also noted that the applicant had indicated that rooftop equipment would be screened by a parapet. Brad Fyle opened the public hearing. Hearing no comments, the hearing was closed. John Rued explained that the proposed expansion provides internal cooler access, additional space for food preparation, and a secondary exit door. Schumann also noted that she had received documentation indicating that the hotel 4 Planning Commission Minutes: 10/06/15 management does not object to the expansion request. LINDA BUCHMANN MOVED TO ADOPT ALTERNATIVE #1; RESOLUTION NO. 2015 -013 RECOMMENDING APPROVAL OF AN AMENDMENT TO DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT (PUD) FOR TACO BELL, FOR A BUILDING ADDITION IN THE CENTRAL COMMUNITY DISTRICT (CCD), AS PER CHAPTER 2.4(0)(10) OF THE MONTICELLO ZONING ORDINANCE, SUBJECT TO THE CONDITIONS IN THE RESOLUTION AS IDENTIFIED IN EXHIBIT Z. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 3 -0. EXHIBIT Z Amendment to Planned Unit Development Border Foods —124 711 Street East 1. The approval is subject to the review and comment of the City Engineer regarding grading and drainage at the time of building permit. 2. The applicant shall specify details of any exterior lighting, which shall comply with Monticello Zoning Ordinance section 4.4. 3. The cooler unit shall comply with all City codes for noise. 4. The applicant shall enter into an amendment to development agreement with the City specifying the terms of the PUD. Schumann indicated that this request would be included on the October 26th City Council meeting agenda. 3. Regular Agenda A. Update — November Hearing for Amendments to the Monticello Zoning Ordinance as related to Brew Pubs, Brewer Taprooms and Microdistilleries Schumann noted that the City Council had, at its September 28th meeting, approved adding provisions to liquor ordinances to allow licensing of brew pubs, brewer taprooms and microdistilleries. She explained that Council had also called for the Planning Commission to conduct a public hearing in November to consider proposed zoning ordinance amendments related to use definitions, use regulations and standards, and use within zoning districts. 4. Added Items November Meeting Date (Schumann) MARC SIMPSON MOVED TO RESCHEDULE THE TUESDAY, NOVEMBER 3RD, 2015 PLANNING COMMISSION MEETING TO MONDAY, NOVEMBER 2 ND, 2015 TO ADDRESS A CONFLICT WITH THE SCHOOL DISTRICT Planning Commission Minutes: 10/06/15 ELECTION. LINDA BUCHMANN SECONDED THE MOTION. MOTION CARRIED 3 -0. 5. Adiournment LINDA BUCHMANN MOVED TO ADJOURN THE MEETING AT 6:52 PM. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED 3 -0. Recorder: Kerry Burri Approved: November 2, 20 Attest: Angela SchumannAopxfinbu iiify & Economic Development Director 10