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Planning Commission Agenda Packet 06-06-1989AGENDA REGULAR MEETING - MORrICELLO PLANNING COMMISSION Tuesday, June 6, 1989 - 7:30 p.m. Members: Richard Carlson, Cindy Lemm, Richard Martie, Dan McOonnon, Mori Malone 7:30 p.m. 1. Call to order. 7:32 p.m. 2. Approval of minutes of the regular meeting held May 2, 1989. 7:34 p.m. 3. Public Rearing - A variance request to allow a building addition to be built within the side yard setback requirement. Applicant, Bondhus Corporation. 7:49 p.m. 4. Public Bearing - Consideration of an ordinance amendment to Section 3-1, Non -conforming Buildings, Structures, and Uses, which would allow limited expansion of non -conforming residential uses in a 9-4 (regional business) zone. Applicant, City of Monticello. 8:19 P.M. S. Consideration of a previous Planning Commission recommendation to zone Evergreens Subdivision Outlots A and e to B-3 (highway business). 8:49 p.m. 6. A tabled conditional use request to allow expansion of an open and outdoor storage as an accessory use in a B-4 (regional business) zone. A tabled conditional use request to allow an expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) zone. Applicant, Pair -s Garden Center. ADDITIONAL INPORMATION ITEMS 9:04 p.m. 1. Preliminary plat request for a proposed new residential subdivision plat. Council action: Approved as per Planning Commission recommendation. 9:06 P.M. 2. Rezoning request to rezone residential unplatted property from R-3 (medium density residential) to PZM (performance zone mixed). Applicant, J i R Properties. Council action: Approved as per Planning commission recommendation. 9:08 P.M. 3. A variance request to allow 1) a perking lot to be constructed within a 5 -foot curb barrier to lot line requirements and 2) to allow a driveway curb cut to be in excess of the 24 -foot maximum allowed. Applicant, J i R Properties. Council action: No action needed, as the variance request did not come before them. 9:10 p.m. 4. A variance request to allow a parking lot expansion to be constructed within the 5 -foot curb barrier to lot line requirement. Applicant, J i R Properties. Council action: No action required, as the variance request did not come before them. Planning Commission Agenda June 6, 1989 Page 2 9:12 p.m. 5. A variance request to allow an additional driveway curb cut within 125 feet of street frontage. Applicant, First National Bank. Council action: No action required, as the variance request did not come before them. 9:14 p.m. 6. A conditional use request to allow expansion of an open and outdoor storage as an accessory use in a B-4 (regional business) zone. A conditional use request to allow an expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) zone. Applicant, Pair's Garden Center. Council action: No action required, as the request was tabled by the Planning Commission. 9:16 p.m. 7. Set the next tentative date for the Monticello Planning Commission meeting for Wednesday, July 5, 1969, 7:30 p.m. 9:18 p.m. S. Adjournment. MINUTES RE=M MEETING - MONTICELW PLANNING COMMISSION Tuesday, May 2, 1989 - 7:30 p.m. Members Present: Richard Carlson, Cindy Lemur, Richard Martie, Mori Malone, and Dan McConnon Members Absent: None Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Acting Chairperson, Cindy Lemur, at 7:33 p.m. 2. Motion by Richard Martie, seconded by Mori Malone, to approve the minutes of the regular meeting held April 4, 1989. Motion carried unanimously with Richard Carlson absent. 3. Motion by Dan McConnon, seconded by Richard Martie, to approve the minutes off the special meeting held April 20, 1989. Motion carried with Richard Carlson absent and Cindy Imma abstaining. 4. Public Rearing - A preliminary plat request for a proposed new resiaential subdivision plat. AppucanE, west Prairie Partners. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members the background on the preliminary plat request for a proposed new residential subdivision plat. Each lot in this seven -lot proposed residential subdivision does meet the minimum lot size requirement, the 12,000 minimum square foot requirement, and minimum lot width. The proposed subdivision is consistent with the zoning that exists, R-2 (single and two family residential) zoning. All the items under the preliminary plat review have been addressed in their entirety and have been found to be in conformance. Acting Chairperson, Cindy Lamm, then opened the meeting for input from the public. Mr. Jim Metcalf, partner in West Prairie Partners, explained to Planning Commisainn members that the City's consulting engineering firm, Orr-Schelen-Meyeron 6 Associates, will be doing all the design layout for the underground utilities and that the owners, West Prairie Partners, will be contracting to have the services installed privately under the supervision of OSM. With no further input from the public, Acting Chairperson, Cindy Lem, then turned the meeting over for input from the Planning Commission members. Questions raised from the Planning Commission members were concerns of the dollar amount that would be allocated for park dedication. Mr. O'Neill indicated the amount of money for park dedication is 10 percent of the raw land cost prior to development. Another question raised was where do the funds go for the park dedication. Mr. O'Neill indicated the funds for the park dedication go into a separate park development fund which is used to purchase and develop other neighborhood parka in the city of Monticello. Planning Commission Minutes - 5/2/89 With no further input from the Planning Commission members, a motion was made by Mori Malone, seconded by Dan Mcconnon, to approve the preliminary plat for the proposed new residential subdivision plat. Motion carried unanimously with Richard Carlson absent. S. Public Rearing - A rezoning recluest to rezone residential unplatted property from R-3 (medium density residential) to PZM (performance zone mixed). Applicant, J 6 K Properties. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the proposed rezoning request as submitted by the applicant, J 6 R Properties. The proposed rezoning to PZM (performance zone mixed) will allow a flexible use of the property, which can be limited commercial type uses and also multi -family residential uses. Mr. O'Neill addressed the five factors that are to be considered when addressing a rezoning request. They are as follows: 1. The relationship to the municipal Comprehensive Plan. 2. The geographic area involved. 3. Whether such use will tend to actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. Acting Chairperson, Cindy Lemm, then opened the meeting for any input from the public. Mr. Ren Maus, partner in J 6 K Properties, explained to Planning Commission members that with the unique configuration of the land and its location between R-3 (medium density residential) and B-4 (regional business) zoning, the proposed zoning seems to be compatible with the zoning uses around it. Some possible uses for the area adjacent to Cedar Street would be uses currently allowed under 5-2 (limited business) zoning, and the rear portion of this unplatted tract of land could be used for R-3 (medium density) zoning. Mr. Maus also indicated that J 6 R Properties has no future plane for the property at this time. Mr. Russell Olson, a resident near the proposed rezoning, questioned if anything would be happening to address some drainage problem which still occur with the area to the rear of his lot from the interceptor sewer line which was put in last year. Mr. Olson indicated he is experiencing water ponding problems in the early spring prior to the frost going off the ground, with water ponding in the rear of hie Iota adjacent to the railroad tracks. With no further input from the public, Acting Chairperson, Cindy Le®, then closed the public hearing and asked for comments from the Planning Commission members. Questions were raised by the Planning Co®ission membera as to whether there was an agreement to purchase the property on behalf of the J 6 K Properties. Mr. Ren Maus answered that they do have a contract to purchase the property with options contingent upon the rezoning occurring on the property. One of the Planning Commission members lives within the area and the blight that exists with this pEgwrty, and she felt it would be very beneficial with the new proposed Planning Commission Minutes - 5/2/89 purchasers of the property cleaning up the entire property and making it a little more presentable to the public. questions were also raised of the possible extension of Palm Street. It could be possible that to develop the rear portion of this, the extension of Palm Street may be a possibility at that time. With no further input from the Planning Commission members, a motion was made by Dan MaConnon, seconded by Richard Martie, to approve the proposed rezoning of the subject parcel from R-3 to PZM zoning. Motion to approve is based on the finding that the proposal is 1) consistent with the Comprehensive Plant 21 compatible with the geographic area and the character of adjoining landat 3) the rezoning will not tend to depreciate the area in which it is proposedt 4) the need for the proposed rezoning has been sufficiently demonstrated. Motion carried unanimously with Richard Carlson absent. Public Hearin - A variance request to allow 1) a parking lot to be constructea wltnln the b—root curb barrier to lot llfte requirements and 2) to allow a oriveway curb cut to be in excess or the 24-100t maximum allowea. Applicant, J 6 K Properties. Gary Anderson, Zoning Administrator, explained to Planning Commission members the background of J 6 R Properties' variance request. The applicants are proposing to construct a parking lot on an already platted 66' x 165' lot. Mr. Anderson indicated to Planning Commission members the public hearing notice was filed incorrectly on agenda item t2, regarding the driveway curb cut in excess of the 24 -foot maximum. It should have read the driveway aisle width less than the 24 -toot minimum allowed. The applicant is proposing to construct a parking lot up to within 3-1/2 feet of the property line on the west side of the propertyt and on the south and the east aide of the property, the applicant is proposing to construct the parking lot right up to the property line. In the layout of the parking lot as designed with the minimum 20 -foot parking space length, the applicant is showing a 22 -toot driving aisle width, where the minimum allowed by ordinance is a 24 -foot driving aisle width. The property would be drained in a southerly direction throughout the parking lot into a catch basin, which would dump into a short section of proposed storm sewer to be constructed which would tie into the main storm sewer line on Cedar Street. Acting Chairperson, Cindy Lemm, then opened the public hearing. With no input from the public, Acting Chairperson, Cindy Lem, then closed the public hearing and asked for further input from the City staff or Planning Coamission members. Mr. O'Neill questioned if shortening up the parking space site to accommodate the minimum of 5 -foot curb barrier to lot line on the west aide could be accomplished. With no further input from the Planning Commission members, motion was made by Dain McOmnon, seconded by Mori Malone, to approve the variance request to allow a parking lot to be constructed within the 5 -toot curb barrier to lot line requirement on the south and east aide. Motion carried unanimously with Richard Carlson abstaining. 0 Planning Commission Minutes - 5/2/89 Motion by Dan McConnon, seconded by Richard Martie, to approve the variance request to allow a 22 -foot driving aisle width where the minimum required is a 24 -Loot driving aisle width, and a 19 -foot parking space length where the minimum allowed is a 20 -foot parking space length. Motion carried unanimously with Richard Carlson abstaining. Reason for granting the variance is that there is sufficient green area from the property line to the concrete curb on the west side of Cedar Street and sufficient green area from the property line to the south aide of the railroad tracks. Public Rearing - A variance request to allow a parking lot expansion to be constructed within the 5 -root curb barrier to lot line requirement. Applicant, J 6 K Properties. Gary Anderson, Zoning Administrator, addressed the Planning Commission members and the public the applicant's variance request to create additional parking on their lot. The current parking lot when established met and exceeded the minimum parking space requirements. However, the owners of the Maus Food complex, Jim and Ren Maus, have experienced a shortage at times of parking space within their parking lot. The developers are proposing to be allowed to construct parking lot right up to the property line on the east side of the property; and when the rest of the lot is re -striped, they would like to boost the driving aisle widths approximately 3-1/2 inches in width on each of the five driving aisles which serve this parking lot. Acting Chairperson, Cindy Lemur, then opened the meeting for input from the public. There being no input from the public, she then opened the meeting for input from the City staff or the Planning commission members. Planning Colmniesion member, Dan McConnon, suggested that the City staff do further research to address the 9' x 20' parking space size and the parking lot driving aisle width with other surrounding communities and see where the City stands in relationship to these other communities. with the smaller vehicles that are constructed today, maybe our parking apace and driving aisle widths are too large by today's standards. With no further input from the Planning Coaaniesion members or the City staff, motion was made by Richard Martie, seconded by Dan McConnon, to approve the variance request to allow a parking lot expansion to be constructed within the 5 -foot curb barrier to lot line requirement. The motion carried unanimously. Reason for granting the variance is that there is sufficient green area from the property line to the concrete curb on the west aide of Cedar Street; Public Hearing - A variance request to allow an additional driveway curb cut within 123 rest or street i'rontage. Applicant, Pirst National Bank. Gary Anderson, Zoning Administrator, explained to Planning commission members and the public the First National Bank's proposal to be allowed an additional curb cut on the north aide of their property immediately west of their existing curb cut driveway entrance. The applicant would Planning Commission Minutes - 5/2/89 like to re -do their parking lot creating an additional driving aisle width to allow for two aisles of stacking on the west side of their property as we come up to the drive -up teller lanes. On the south side of their property, the applicant is proposing to install 13 additional parking stalls to accommodate off-street parking for the employees of the bank. They are also proposing to construct four additional parking spaces up near the northeast corner of their parking lot. Acting Chairperson, Cindy T , then opened the meeting for input from the public. There was no input from the public other than the applicant, Mr. Dale Pogatchnik, President of First National Bank, indicating the proposed variance request had been addressed quite thoroughly in the explanation previously given by Mr. Anderson. There being no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members or City staff. Comments from the Planning Commission members included that some of them have personally experienced utilizing this facility for their banking, and at times it can be congested with only one curb cut driveway entrance as it exists, as it is almost located immediately south of the entrance of the Security Pinancial driveway entrance. Questions were also raised about the two driving aisle lanes that were to be created along the west side of the property. Zoning Administrator Anderson explained to Planning Commission members that these two lanes are created more so for stacking room of care that are utilizing the drive -up facilities at the bank. With no further input from the Planning Conunissicn members or City staff, motion was made by Mori Malone, seconded by Richard Martie, to approve the variance request to allow an additional driveway curb cut within 125 feet of ritreet frontage. Motion carried unanimously. 9. Public Hearingg - A conditional use request to allow expansion of an open ana outonor sEoraye as an accessory use in a B -a ire 91onal business) zone. A COnCitional use re guest to allow an expansion or open and outdoor sales as a princie-1 and accessory use in a 8-4 (regional business) zone. Applicant, Pair's Carden center. Zoning Administrator, Gary Anderson, indicated to Planning Commission members why there was no background submitted with the Planning Commission agenda. Assistant Administrator, Jeff O'Neill, had sent a letter to Mr. Kevin Pair, owner of Pair's Garden Center, on the 23rd of March, 1989, requesting that he submit a site plan for the entire area encompassing the late on which Pair's Garden Center now exists. Mr. Pair did not submit a proposed site plan until approximately 11:30 on Friday, April 28, for the City staff to review. With very little time to review the site plan and the information as enclosed on the alto plan not being what he was directed to submit on the site plan as per the letter from Mr. O'Neill on the 23rd of March, 1989, the site plan was ant to the Planning Coxaaission members with no background regarding the conditional use request. At approximately 2)00 p.m., Tuesday, May 2, Mr. Fair did 0 Planning Commission Minutes - 5/2/89 stop into the City Hall offices and ask to review with City staff members the site plan which he had submitted to the City on April 28. Mr. Rick Wolfsteller, City Administrators Mr. John Simola, Public storks Director) and Gary Anderson, Zoning Administrator, met with Mr. Pair for approximately 1-1/2 hours to go over the mininum requirements that would be required of him for the conditional use requests to be submitted on a completely revised site plan. Planning Commission members felt very uncomfortable with reviewing this conditional use request when no information was submitted before them. Acting Chairperson, Cindy Lem, then opened the meeting for input from the public. Mr. Kevin Pair responded that he was under the understanding that all he had to submit was the site plan showing where the buildings sat on the property and that was it—that's all he was instructed to do. And he has been busy with the seasonal business that he operates and has not had the time to get it in on time to the City staff members for them to review. Mr. Doug Pitt, adjoining property owner, questioned Planning Commission members why they would not let Zoning Administrator, Gary Anderson, explain to the Planning Commission members the applicant's conditional use request which they had reviewed with Mr. Pair earlier in the afternoon. This existing business has been expanded for over a year now and to allow expansion to occur any longer without going through the proper conditional use process seemed fruitless without addressing it at this time rather than waiting to schedule a new public hearing, which would be approximately one month away from tonight's meeting. With no further input from the public, Acting Chairperson, Cindy Lemur, then closed the public hearing and opened the meeting for input from the Planning Commission members. The Planning Commission members were very upset that the information wasn't submitted in detail; therefore, motion was meds by Richard Martie, seconded by Dan McConnon, to table the conditional use request to allow expansion of an open and outdoor storage as an accessory use in a B-4 (regional business) zone. And also to table the conditional use request to allow an expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) zone. Motion carried unanimously. ADDITIONAL INFORMATION ITEMS 1. Consideration of a joint governmental unite meeting. The consensus of the Planning Commission members that the June 5, 1989, joint meeting would be an appropriate date for them. Final plat for proposed new residential subdivision known as the evergreens. Mr. Jeff O'Neill explained to Planning Commission members that a final plat request according to the ordinance does not need Planning Ommission action prior to the City Council for their final approval. The Planning Commission members felt that even though the ordinance may stipulate that Planning Cow'esion Minutes - 5/2/89 it doesn't need Planning Oocunission review prior to final review and approval by the City Council, they would still like to see all final plats Dome before them prior to the City Council reviewing them. Mr. O'Neill indicated to Planning Commission members there had been no changes from the preliminary plat and that the final plat is in order except for the 30 -day waiting period for the HIS (Environmental Impact Statement) process to be reviewed. 2. Consideration of amendments to Section 3-9(E14 and 3-9(E14(c) of the Zoning Ordinance pertaining to the regulation of pylon sign height, sign area, and the number per business along Highway 25/I-94 corridor in the city of Monticello. Applicant, City of Monticello. Council action: Approved as per Planning Comaiesion recommendation. 3. An appeal of a variance request to allow additional pylon sign height and sign area. Applicant, Security Pinancial. Council action: Denied as per Planning Commission recommendation. 4. Consideration of amendments to Section 3-2(G)3(b)R D of the Zoning Ordinance pertaining to regulations of cowmercial/industrial property landscaping. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. 5. Consideration of preparing amendment to the Monticello Zoning Ordinance which would allow auto body shops as a conditional use within a business zone. Applicant, City of Monticello/Monticello Auto Body. Council action: Approved as per Planning Commission recommendation with an additional condition. The addition which was increased was the 30 percent of the principal use of the building for outside fenced -in storage, and that was increased to 50 percent of the principal use for screened outside storage. 6. A conditional use request to allow Monticello Auto Body to operate an auto body ahop at Block 2, Lot 4, Sandberg South Addition. Applicant, Monticello Auto Body. Council action: Approved as per Planning Commission recommendation. 7. Consideration of a preliminary plat approval, proposed expansion of East Rjellberg Mobile Home Park, and consideration of amendments to the City of Monticello zoning map. Applicant, Rent Rjellberg. Council action: Approved as per Planning Oommission recommendation. 8. Motion by Dan McConnon, seconded by Mori Malone, to set the next tentative date for the Monticello Planning ooataission meeting for June 6, 1969, 7:30 p.m. Planning Commission Minutes - 5/2/89 9. Motion by Dan McConnon, seconded by !tori Malone, to adjourn the meeting. The meeting adjourned at 9:44 p.m. Respectfully submitted, Zoning Administrator 0 Planning Commission Agenda - 6/6/89 3. public Nearing - A variance request to allow a building addition to be bunt within the sloe yara setback requirement. Applicant, Bandhus Corporailoki. (G.A.f A. REFERENCE AND BACKGROUND: Bondbus Tool Corporation, which will be represented at the Planning Oo®nission meeting by Mr. Dick Van Allen, is proposing to be allowed to construct a beat treat addition to their existing building, which would be within the side yard setback requirement. The proposed building addition, which is called a heat treat expansion addition, will be located adjacent to its existing heat treat facility. The building addition is just large enough to accommodate the equipment for the new beat treat facility expansion. The proposed expansion is proposed in its location where it is immediately adjacent to the existing heat treat facility in that any other location would take up additional off-street parking space, and would also encounter the movement of their existing well which provides the water for this entire facility and the removal of the main electrical transformer box for this facility. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a building addition to be built within the side yard setback requirement. 2. Deny the variance request to allow a building addition to be built within the aide yard setback requirement. C. STA" RECOMMENDATION: City staff recckmends approval of the variance request to allow a building addition to be built within the aide yard setback requirement. The existing parking spaces which would be lost by the proposed building addition would be so marked in another portion on their site. D. SUPPORTING DATA: Copy of the location of the proposed variance request( Copy of the site plan for the proposed variance request. 10 G N FARKIZ � � Apq rrr l Planning Commission Agenda - 6/6/89 4. Consideration of ordinance amendment which would allow limited expansion of a non -conforming residential structure in the B-4 (regional business) district. (J.O .) A. REFERENCE AND BACKGROUND: R.D. Quick requests that Planning Commission consider this amendment which would directly affect his property at 113 East Fourth Street, Monticello. According to the attached site plan, Mr. Quick desires to construct a 500 -foot addition to his existing structure which would replace a 72 sq ft porch. In addition, Mr. Quick wishes to remove a small one -car garage and an old shed on his property and replace it with a two -car garage. Mr. Quick is unable to complete his proposed alterations and expansions to his existing residential use because under the ordinance as it now exists, alterations may be made to a building containing a lawful non -conforming residential unit when the alteration will improve the livability thereof, provided that the alteration does not increase the number of dwelling units or size or volume of the building. It was determined that approaching Mr. Quick's problem via the City ordinance amendment process versus the variance process is more appropriate, as Mr. Quick's request, if in the form of a variance, could not be legally granted, as there are no grounds for a variance. In addition, granting a variance without sufficient grounds sets a precedent which then must apply to every other residential structure located in the 9-4 district. The ordinance amendment process was initiated, as it provides a direct method of establishing City policy with regards to expansion of a non -conforming residential use. BITE PLAN REVIEW Although this ordinance amendment would affect a wide area, the following is a brief review of the site plan presented by Mr. Quick and its impact on adjoining properties. As noted earlier, Quick's net expansion to his existing residential structure amounts to 428 sq ft. In addition, he plans on replacing a small 1 -car garage with a 1-1/2 or 2 -car garage. He also will be replacing an old shed in the rear of the property. The value of the existing structures will be increased by approximately 50 percent with the proposed expansion. The Quick residence is located at wt 3, Block 33. This entire block is zoned commercial. To the weet of the Quick residence is the Bridge water Telephone Company parking lot. Quick's inprovemente would affect Bridge Nater if the telephone company planned on expansion of their conforming use. Cost to expand will increase. To the north, east, and south are non -conforming residential structures. Please see the attached map for more location information. CHAPTER 22, REVIEW REQUIREMENTS As always, when an amendment to the Zoning Ordinance is proposed, the Planning Commission shall consider possible adverse effects of the proposed amendment. It's judgement shall be based upon, but not limited to, the following factors: 1) relationship to municipal Comprehensive Plane 2) the geographic area involved) 3) whether such use will tend to :F1, Planning Commission Agenda - 6/6/89 actually depreciate the area in which it is proposed: 4) character of the surrounding area; and 5) the demonstrated need for such use. Following is a staff review of decision factors above. Relationship to municipal Comprehensive Plan The Comprehensive Plan speaks both directly and indirectly to this proposed amendment. Comprehensive Plan policies that apply to this situation do not appear to be consistent. Planning Commission is asked to review these policies and determine the intent of the Comprehensive Plan. Following are the policies that seem to apply to the proposed amendment. Policies that seem to support the proposed amendment are as follows: General housing policy 94 states that residential uses should be permitted to mix with commercial or industrial uses unless it can be demonstrated that the residential and non-residential uses will be in conflict. Comprehensive Plan policies that do not support the proposed amendment are as follows: Community development policy 17 states that all land uses should be located so as to relate properly to surrounding land uses in the general land use pattern of the urban area. In general, similar type land uses should be grouped to serve as functional unite. Commercial policy i9 states that boundaries of commercial districts shall be well defined so so to prevent intrusion into residential areas. Residential areae must be properly screened from the associated ill-effecte of adjacent and nearby commercial area. The Planning Commission must determine whether or not allowing a residential non -conforming use to expand will have a detrimental effect on the S-4 district. The proposed amendment should be adopted if It can be demonstrated that the residential and non-residential uses will not be in conflict. The geographic area involved and character of area At this time, the character of the 8-4 area is typified by a mixture of residential and business use. Attached you will find a map which shows all of the residential structures now located in a B-4 district. The vast majority of the residential structures are being used for residential uses and are, therefore, non -conforming. Within the downtown B-4 district, thero are 17 residential structures of which 5 are being used for commercial purposes and 1 of those 5 are being used for both commercial and residential uses. it is likely that over time, with the increased population growth in the area and the concurrent increased demand for commercial services, the residential structures and uses will diminish over time. -3- Planning Commission Agenda - 6/6/89 The proposed amendment may have an impact on future redevelopment activities. It is likely that sometime in the future, the City and/or BRA, working with private developers, will participate in redevelopment activities which will require purchase and demolition of residential structures to make way for expansion of commercial activity in the business core of the community. This amendment may result in further investment in potential redevelopment areas which will result in higher redevelopment costs. The extent to which the increased redevelopment cost will hamper development of conforming uses is very difficult to estimate. Planning Commission may wish to take the position that allowing limited expansion to residential uses in the B-4 district will not significantly or measurably harper development of conforming uses. Please note, however, that, in this case, further development of the non -conforming Quick property will reduce the ability of Bridge Water Telephone to expand at its present location. This will be one of the negative effects of the proposed amendment. Business expansion and development along Highway 25 has been consistently strong. In reality, the "mainstreet" of Monticello has shifted or is shared with Broadway. It is staff's view that the business trend will continue that has brought about the near complete development of the Highway 25 corridor to a depth of two city blocks. Approval of the proposed amendment will slow the process of transition from residential to commercial and as such, it works at cross purposes with the Comprehensive Plan. Again, to what degree it will slow the transition is difficult to say. In the past few years, one residential structure was removed to provide room for the Bridge Water parking lot. Another structure (Clifford Olson) will likely be removed soon. Once the Olson property is removed, it is likely that the property to the east of Olson's will be considered for removal, as this potential commercial space will he needed in combination with the Olson property in order to provide sufficient space for a commercial development. "a demonstrated need for such use Mr. Quick has demonstrated his individual need for the amendment. Mr. Quick has made a significant investment in his existing property and wishes to improve it further. Without the proposed amendment, Mr. Quick's need cannot be satisfied at the present location. At the same time, however, Planning Commission must review this situation in terms of the overall community need. Is there a need to allow expansion of residential uses in the B-4 district? A case could be made that there is not a need to expand residential uses in the B-4 district simply because there are many other residential areas in the city that are zoned properly for residential development. Individuals living in the B-4 districts do have the option of enlarging their living space by developing homes in properly zoned areas of the community. This option, of course, requires a considerable individual investment and, therefore, may not be palatable for many individuals living in the B-4 zone. Planning Co®mission Agenda - 6/6/89 The absence of a demonstrated community need for such use could be noted as a factor contributing toward denial of this proposed amendment. At the same time, Planning Oommission is not bound to deny the amendment because community need has not been demonstrated. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of the amendment to Section 3-1 IJl of the Monticello Zoning Ordinance which would allow expansion of residential structures in the 5-4 district provided that the value of expansion does not constitute more than 50 percent of market value of existing structure. Motion based on the finding that the amendment is consistent with the Comprehensive Plan and consistent with the character and geography of the area. The amendment will not depreciate the value of adjoining lands. 2. Motion to recommend denial of proposed amendment, as it is not consistent with the Comprehensive Plan, it is not in keeping with the character of the H-4 zone, and the applicant has failed to sufficiently demonstrate the need for the amendment. C. STAFF RECO9OUTION: The text of the Zoning Ordinance pertaining to treatment of non -conforming uses provides the City with the planning tools that can be used to encourage "correction" of existing non -conforming lard uses. The proposed amendment will impact the ability of the City to eliminate or amortize the non -conforming residential use over a period of time. By adopting the amendment, the Planning Commission will be extending the time period of non -conforming use. In the case of residential structures in a B-4 zone, planning Commission may not have a problem with extending the life of non -conforming residential use because the conflicts between uses are not severe, and the benefits of strict adherence to the current ordinance are not immediately or clearly evident. A strong recommendation is difficult to develop in this case. Both aides of the argument have a good case. The easy decision is to allow the amendment to occur and hope that the negative effects are minimal. It may just so happen that Mr. Quick will be the only homeowner out of 33 that will ever expand his tame. On the other hand, it is staff's view that the property within two blocks of Highway 25 between Maus Foods and Broadway will continue to increase in value as commercial property. It is likely that within a reasonable period, the entire area may witness cormmercial development as prescribed on the zoning map. ?his amendment will inhibit this process. D. SUPPORTING DAM Inventory of non -conforming residential structures in the 04 districts o Excerpts from Coxprehensive Plans Proposed text of amendment to Section 3-1 IJI of the Monticello Zoning Ordinances Quick site plane -- A -existing, D -proposed. .5- CHAPTER 3 GENERAL PROVISIONS current Ordinance reads: (J] Alterations may be made to a building containing lawful non -conforming residential units when they will improve the livability thereof provided they will not increase the number of dwelling units or size or volume of the building. Proposed Ordinance to read: (J] Alterations or expansion may be made to a building containing or related to a lawful non -conforming residential unit when said alteration or expansion will improve the livability thereof provided the alteration or expansion will not increase the number of dwelling units and provided that such alteration or expansion shall not constitute more than 50 percent of estimated market value. Said value shall be determined by city or county Assessor. Ali irl bay/; s 4aloe ofed wits Rew.e6-./.. / Vo,-CfuAr CWeW0q;d , Aoaot Mot! Q-/ lyAed FZIta:,a��••�••/S (D C0MMUNITY DEVELOPMENT POLICIES A 'policy' is an official course of action adopted either legislatively or administratively and followed by local government in striving to attain the desired community goals. The following policy statements are suggested for the City of Monticello. 1. The Comprehensive Plan is considered to be a flexible guide to decision making rather than an inflexible blueprint for development. The Plan will be continually reviewed and amended as necessary in the light of changing conditions and needs consistent with the aspirations of the citizens. Any proposed amendment of the Plan, however, must be equal to or an improvement over prior plans. 2. Broad citizen interest and participation in the planning process will be encouraged. 1. The principle of representative government will be maintained in the local neighborhood sentiment but will not be the sole factor considered in evaluating development proposals. Bound planning principles based upon factual evidence will be the primary consideration. 1. The function of* the Planning Commission shall be toi maintain the City Plan; make recommendations on development proposals (private and public); serve to provide the general public with information noccoaary to intelligent decision making; consider aesthetic as well as dollar costs and values; and serve in an advisory capacity to the City Council. S. Urban development guides and controls shall be efficiently and properly administered by City staff and/or consultants. 6. Any proposed change in zoning, subdivision practice, or other development, but which is not consistent with the City Plan, shall not be considered until there has been an amendment to that Plan, said amendment to be reviewed and noted by the Planning Commission. 7. All land uses should be located so as to relate properly to surrounding land uses and the general land use pattern of the urban area. In general, similar type land uses should be grouped to serve as functional units. B. The guiding factor in land use control should be the consideration of density. Such standards are to be incorporated in the zoning regulations and govern dwelling units permitted per acrol traffic generation elements, and the like. The control of density is the key factor in planning for utilities, streeto, and other facilities which have a relationship between capacity and demand. I GENERAL ROUSING POLICIES In Monticello, urban planning should be designed to promote high standards for residential development and help to assure the best possible living environment. 1. The Planning Commission, in coordination with.the Housing and Redevelopment Authority, will be advocates for 'reform of land use controls, increased housing funding, governmental and legislative changes, and in general, act to increase public awareness of housing problems and solutions. The Commission will evaluate the City's regulatory codes and ordinances to insure that these regulations provide maximum opportunity to develop a range of housing types at various income levels and permit utilization of innovative site development and construction techniques. 2. Attempts will be made to develop and implement affirmative programs for open housing. Open housing is housing that is available to all persons without regard to race, creed, color, sex, or ethnic background. 3. New housing areas shall be provided utilities as they expand toward the perimeter of the City. t. Residential uses should be permitted to mix with commercial or industrial uses unless it can be demonstrated that the residential and non-residential uses will be in conflict. 5. Developments shall be designed to racpect the natural features of the site to the maximum extent feasible. 6. Development proposals will be evaluated with respect to their potential effect upon adjacent and nearby developments and their effect upon the public welfare of the City and adjacent communities. 7. Developments must be developed according to well conceived plans that tend to unify and relate to each other; developments that are a hodge-podgo and ill-conceivod will be disapproved. 8. Within the OAA, a density of 10,000 to 12,000 square feet of lot area per dwelling unit will be promoted in the areas of utility service contiguous to tho present city and in those areas where central utility service construction is contemplated within five yearn. 9. Although anticipated densities in areas capable of utility service 'within five years may be designed at 10,000 to 12,000 square feet of lot area per dwelling unit, building permits shall not be issued for a density of more than one dwelling unit per 2.5 acres with on-site sewer systems based upon paroolation testa. M COMMERCIAL POLICIES 1. Commercial development in general and successful retailing functions should occur both in the central business district and the shopping center area contiguous to Interstate 94. 2. The Comprehensive Plan, the Zoning Ordinance, and other measures and procedures will be modified in realistic recognition of the needs of contemporary commercial enterprises and the need to properly control such enterprises at the local community levels commercial development policy will not be rigid and inflexible, and neither shall it be indiscriminately permissive. 3. Adequate provision should be made for expansion of suitable areas for highway oriented commercial development requiring large acreages for use such as motels, auto and implement dealerships, and lumber and building supply yards. These uses should be encouraged to develop in new locations along Interstate 94 at Highway 25. 4. The location of new shopping areas should be justified by an adequate market study (market radius, customer potential, suitable location in the market radius, etc.) and consideration for the neighborhood, land use, and circulation pattern. 5. Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas and having e better control over parking and traffic needs. For this reason, "strip" and "spot" commercial development should not be permitted. 6. Highway oriented uses along Interstate 91 should be concentrated to the greatest extent possible so as not to waste prime commercial land nor spread the uses so an to not be definable so a "viable commercial area% 7. Future commercial areas should be based upon the concept of the Integrated buoineoe center developed according to a specific site plan and justified by an economic analysis of the area to be served. B. All major commercial areas shall be pre -zoned based upon the Comprehensive Plan. No areas shall be re -zoned to commercial use unless they are shown to be properly located in accordance with the policies and standards of the Comprehensive Flan. 9. Boundariee of commercial dietricto shall be well-defined so as to prevent intrusion into residential areacl residential areas must be properly screened from the associated ill effects of adjacent and nearby commercial area. 1 v ZONING Figure 6 indicates the anticipated principal land uses of the City. The legal mechanism that controls or manages the development process is zoning, which is the use of the government's police power to regulate land use in order to promote and protect the public health, safety, and welfare. A Zoning Ordinance consists of both a zoning text and a zoning map. (Figure 11) The text describes the different districts and types of uses allowed in each district. The map delineates the various geographic districts within the community. A Zoning Ordinance divides the jurisdictional area into different districts such as residential, commercial, industrial, and agricultural districts. These major districts are often divided into sub -districts for the purpose of segregating special uses within the major categories. For example, apartment units will be segregated from single family homes in the residential districts. Within an industrial district, heavy industry will be segregated from light industry. Within the commercial district, regional shopping centers will be segregated from neighborhood convenience shopping uses. It should be noted, however, that the quality of a zoning ordinance is not necessarily determined by the number of districts it contains. The number of districts is determined in part by the type of Comprehensive Plan and in part by the degree of urbanization that has taken place within the community. Some zoning ordinances contain many districts in`order to reflect the conditions which existed at the time the ordinance was adopted. This is especially true within older communities. 4 Zoning ordinances are not retroactive and therefore, land uses existing at the time the ordinance was adopted and which do not conform to the ordinance ace allowed to continue in a non -conforming basis. Fbr example, a commercial use within a single family neighborhood which later was zoned for single family residential uses would be allowed to continue as a non -conforming use. Non -conforming uses are not usually permitted to expand by adding onto the building or otherwise upgrading the operation. In fact, moot jurisdictions prohibit the reconstruction of a non -conforming use if it is more than fifty percent (500) destroyed by fire, lightning, or natural causes. some communities have adopted provisions in their zoning ordinances which attempt to eliminate or amortize the non -conforming use over a period of time. The time period varies and is dependent upon ouch factors as the amount of investment in the use, the looses to the property owner due to the elimination, and the coot of relocation. The time period is usually shorter for uses which may cause a nuisance, such as junk yardo, or unsafe and dilapidated billboards. Zoning is just one of the several devices used in the implementation of the Comprehensive Plan. Therefore, the zoning ordinance should be based upon and prepared in conjunction with the Comprehensive Plan. 7 The procedures for administering the zoning ordinance differ substantially between communities. Unfortunately, many communities -72- U t do not follow the proper procedures which often results in their decisions having been overturned by a court of lav when challenged by prospective developers. For example, in those instances when public hearings are required, it is important not only to hold the public heating but to follow the proper legal requirements for public notice In a legal newspaper. A common mistake in the application of the Zoning Code involves the double standard. For example, different procedures may be used depending upon whether the applicant is a longtime resident of the community or a developer. It should be emphasized that the law does not recognize differences between applicants and that the same procedures must be used regardless of the background and stature of the applicant. The following are some questions which should be raised when proposals for zoning amendments, variances, and conditional use permits are brought before the Planning Commission. ZONING AMENDMENT 1. Has there been a change in the development policies of the community? 2. Has there been a change in the conditions in the community such as rapid population or development change? 3. Was there a mistake made in the development of the original zoning ordinance which needs to be corrected? 4. Is the zoning ordinance up to data? S. Does the proposed amendment conform to the intent of the Comprehensive Development Plan? 6. Is the proposed use compatible with adjacent land uses? 7. Is the proposed amendment and land use likely to lead to a monopoly situation so as to amount to a spot zoning? S. what to the affect of the proposed rezoning on such public utilities as sanitary sewers, water, roads, schools? 9. will the proposed development place an undue financial burden on the local community? ZONING VARIANCE 1. Does the coning ordinance and its standards and regulations lead to a practical difficulty or undue hardship on the part of the property owner in the use of his property? .77- aaR Kp I @R, K;t Qatti L R -K pcwd all uN4�.,; stied " 34' g' F u n f^cA•LF • a5¢asc,J FOYcl. STa�I q• 133 I )o old Ske4 .a' )o old Ske4 Also CIas, SeparatelY /1 Mode Ex;sti'hq 62"1 d to R e p1 tce 01cl 66' zkaatJ L��G� $CA.% Q�COtdj H *t?k�ir�'c � CdNVI�t v. � •to�;� Add r Sic,/ $cwt@ esSicuSq�� 4 i s• �a� ; ao+ �F, IcP�„� Add r aa+aCat �'f api�ee✓ 3 Allewcj dS Also CIas, SeparatelY /1 Mode Ex;sti'hq 62"1 d to R e p1 tce 01cl 66' .lssl I11 Ise�oolsel I Isa�so� ` �1 I� et fp �slsal»js\�qe IS ooMe-- so so I H 1 n (nI 0 I 1 0 e0 (C 0...HWY. 75 ) 8 8 7 8 O 16 11 0`�l 9 I a o Is-- sf o ff+ s` fs of ss ff Fa lo 6 1 6 10 .6 10 .6- NLn i ' �• . I — � I F-- 1 S I •I S.� -01 S+ ?r •,� d 1 ��• fa fe ff fe = na F I�_j f5 1 5 • I� l I I .� • � � Iy:w , • 1 Pimp+ �� 13 51. 1Lo 1"I`}Ia� fa ae a. fo� 6� LAND USE GUIDE ,a so .0 FIGURE 18 10 ? W � tr METMY •0. or R.aiDzmiAL Log ImmmIAL J Z 1 'h O1UL1Iru Rgalm"I . El wauc ? • a I Wltla7lCL1W 7 nom- —nye-` 33- LO t0.l 'Oder Planning Commission Agenda - 6/6/89 5. Consideration of a previous Plannin, .jCommission recommendation to zone Evergreens Subdivision Outlots A and B to B-3 (highway business). Q.O.) A. REFERENCE AND BACKGROUND: City Council reviewed Planning Commission recommendations regarding the Evergreens Subdivision and approved all recommendations except Planning Commission's recommendation to rezone the entire area encompassed by Outlots A and B from agricultural to B-3 (highway business) use. Planning Commission's recommendation was not rejected. However, Council did ask the Planning Commission to review the recommendation at a subsequent meeting. Planning Commission is, therefore, again asked to address this topic and either reaffirm the previous recommendation or adopt a new recommendation. The main reason why Council requested that Planning Commission review this topic again is because staff discovered portions of the Comprehensive Plan that appeared to be at variance with the Planning Commission's previous decision. This information was not made available to the Planning Commission during its reviews and, therefore, the City Council decided to bring the matter back to the Planning Commission with the new information at hand. Following is a summary provided to the City Council along with a list of alternative actions and a staff recommendation. As stated earlier, the proposal to rezone this entire area to B-3 zoning may not be consistent with the Comprehensive Plan. Commercial policy 15 on page 45 of the Comprehensive Plan states that "commercial areas should be as compact as possible. compact commercial areas are particularly advantageous for commercial uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas and having a better control over parking and traffic needs. For this reason, strip and spot commercial development should not be permitted." Allowing the entire portion of Outlote A and B to develop commercially could constitute encouragement of strip or spot commercial development, which is adverse to the commercial policies set forth in the Comprehensive Plan. Attached is a copy of the proposed land use plan which does not show cmmaoercial activity extending to the outlots proposed for rezoning. Commercial activity appears to be limited to those areas near the intersection of Highway 25 and 94 and do not extend as a strip along Highway 25 towards this subdivision. Please note, however, that the Compreheneive Plan does not show multi -family housing in this area either. In rezoning this area from agricultural to B-3 use, Planning Commission needs to be sensitive to the geography and character of the adjoining properties. To the east across the fruntage road will exist an R-1 development. Development of the B-3 or highway business use in such close proximity to the R-1 use will likely create significant conflicts unless site plan measures are taken to control the commercial developments on Outlota A and B. As the Zoning Ordinance now exists, -6- Planning Commission Agenda - 6/6/89 there are minimal site plan requirements of businesses that would locate in a B-3 area. In other words, the City would not be able to require additional site development measures that would lessen the impact of the B-3 activity on the R-1 uses. Following is a list of uses that can be located in the B-3 zone. These are all uses that are allowable without a conditional use permit. Barber shops and beauty parlors Essential services Convenience grocery stores Laundromat Commercial offices Government buildings Bakery Banks Bicycle sales and repair Candy shop Drug store Florist shop Grocery store Hardware Meat market Auto accessory store Comamrcial recreation area Motel Restaurant Private club Print shop Following are uses that could be allowed as conditional uses: Drioe-in and convenience food establishments Minor auto repair Animal pet clinic Oo®ercial storage Daycare center Car washes Gas station Now and used automobile and truck sales Consignment or auction sales Go-cart track B. ALTERNATIVE ACTIONS: 1. Motion to rezone entire area encompassed by Outlots A and B from agricultural usage to B-3 (highway business). Thie alternative is in conflict with the Comprehensive Plan, as 9-3 activity is better suited in compact commercial areae. Approval of this alternative would require that the Comprehensive Plan be changed 7 to allow strip or spot commercial development along Highway 25. r Under e-3 zoning, the City has no ability to control site development In order to mitigate negative impact on nearby R-1 zoning. -7- Planning Commission Agenda - 6/6/89 2. !lotion to rezone Outlote A and B from agricultural usage to PZM usage. This alternative will allow development flexibility and special design control within the sensitive area between an R-1 development and Highway 25. The performance zoning district attempts to create a reasonable balance between the interest of the property owner in freely developing his property, and at the same time protect the interest of surrounding properties. The purpose of the PZM use zoning district is to provide a land use transition between high density residential land uses and low intensity business land uses, as well as the inter -mixing of such land use. Uses allowed in the PZM zoning district include all uses within the R-3 or high density residential district subject to the standards contained in the R-3 district regulations. Also allowed in the PZM zone are retail activities found in the B-2 (limited business) district. The purpose of the B-2 (limited business) district is to provide for low intensity, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on e limited community market scale and located in areas that are well serves Dy collector or arterial street facilities at the edge of residential districts. Many of the uses allowed in the B-3 zone are also allowed in the PZM zone. However, PZM zoning requires a conditional use permit. C. STAFF RECOMMENDATION: Staff recommends rezoning of Outlote A and B to PZM zoning for the following reasons: 1. Potential negative impacts of commercial development can be mitigated by the PZM conditional use process. 2. Multi -family development could occur under PEM regulations. Such development must follow regulations contained in the R-3 district requirements. This provides the developer with some flexibility in developing the property for commercial or residential use. 3. The purpose of the PEM zoning is to allow development of retail businesses that have a limited market area. Allowing development of ouch businesses to occur in this area will not significantly detract from the Comprehensive Plan goal of centralizing regional and highway business activity. D. SUPPORTING DATA: Site location maps excerpts from Comprehensive Plan. Please see your Zoning Ordinance for detail regarding PZM zone. -e- SOILS ASSIFI"TIM AND THE /; EVERGREENS tG COMMERCIAL POLICIES 1. Commercial development in general and successful retailing functions should occur both in the central business district and the shopping center area contiguous to Interstate 94. 2. The Comprehensive Plan, the Zoning Ordinance, and other measures and procedures will be modified in realistic recognition of the needs of contemporary commercial enterprises and the need to properly control such enterprises at the local community levels commercial development policy will not be rigid and inflexible, and neither shall it be indiscriminately permissive. ]. Adequate provision should be made for expansion of suitable areas for highway oriented commercial development requiring large acreages for use such as motels, auto and implement dealerships, and lumber and building supply yards. These uses should be encouraged to develop in new locations along Interstate 94 at Highway 24. 4. The location of now shopping areas should be justified by an adequate market study (market radius, customer potential, suitable location in the market radius, etc.) and consideration for the neighborhood, land use, and circulation pattern. S. Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas and having Ta better control over parking and traffic needs. For this reason, •strip• and 'spot' commercial development should not be permitted. 6. Highway oriented uses along Interstate 94 should be concentrated to the greatest extent possible so as not to waste prime commercial land not spread the uses so as to not be definable as a 'viable commercial area% 7. Future commercial areas should be based upon the concept of the integrated business center developed according to a specific site plan and justified by an economic analysis of the area to be served. B. All major commercial arena shall be pce-zoned based upon the Comprehensive Plan. No areas shall be re-Zcned to commercial use unless they are shown to be properly located in accordance wltt the policies and standards of the Comprehensive Plan. 9. Boundaries of commercial districts shall be well-defined so as to prevent intrusion into residential &teas; residential &case must be properly screened from the associated ill effects of adjacent and nearby commercial area. -48- 10. To make major public expenditures according to a capital improvements program and budget which establishes priority schedules far five or six years in advance based on projections of need and estimated revenues. l 11. To encourage suitable housing in good living environments for people of all ages, incomes, and racial and ethnic groups throughout Monticello. 12. To allow development of new housing only where it is in harmony with the natural environment and where adequate services and facilities ace available. 17. To eliminate all instances of housing blight (dilapidation, poor maintenance, etc.) as rapidly as possible. 14. To concentrate commercial enterprises into relatively compact and well-planned areas by discouraging 'spot' and 'st:ip' business development. 15. To encourage the development of a strong industrial employment base so that persons can live and work in Monticello. 16. To develop high quality industrial areas which are free from nuisance characteristics such as noise, smoke, odors, vibrations, glace, dust, and other objectionable features. 17. To purchase recreation sites for long-range needs at an early date in order that proper sites can be obtained before urban? development or land costs render acquisition hopeless. 18. To develop public utilities and services that are well planned and cost-effective for present and future needs at the lowest possible operating and maintenance costs. 19. To evaluate present and future traffic flow volumes in order to develop various land use strategies to prevent congestion on the public streets. 20. To protect residential areas by channeling major traffic volumes onto a relatively few major streets. C 1 =1L�` \ iM -.i .�` 1�\� 1 `\I, �` �'����✓�� fly.•. o� � .. -::.' ' ' V sem'•"•' �. .. .� � 1, L L •.��a,► � Y^ ,,• .. ,'.�: �� nd Use tom' ;i:::'r ;,,s"'• Jam/ Planning Conmmission Agenda - 6/6/89 6. A tabled conditional use request to allow expansion of an open and outdoor storaas an accessory use in a B -a (regional ousiness) zone. A io tabled conditnal use reguesE to allow an expansion or an open and outdoor sales as a principal and accessory use 1n a B-4 treg anal business) zone. Applicant, Fair's Garden Center. tJ.O.) A. REFERENCE AND BACKGROUND: Despite Planning Commission's extension, Kevin Fair was unable to provide adequate site plan information in time for variance related notices to be sent. It seems clear by the information provided to this date that one or more variances will be needed. Therefore, unless Fair will commit to a site plan that requires no variances, the Planning Commission cannot act to grant a conditional use permit. Although Pair has provided some site plan information, he has failed to supply information that is critical for a proper site plan review. For instance, building setback and parking lot dimensions are not yet available. The absence of adequate information leaves the Planning Commiasion the following alternatives. B. ALTERNATIVE ACTIONS: 1. Recommend denial of conditional use permit. Recommend that Council take legal action against Fair for expanding the operation without proper permits. Alternative 91 is desireable, as it sends a message that the City is serious about enforcement of its Zoning Ordinance and that the City, as a business, cannot tolerate the added administrative cost associated with uncooperative action or inaction by an applicant. The long term benefit of this action might be to create credibility and improve responsiveness of future applicants. The short term cost will include legal fees and significant staff time. 2. Continue to table matter pending development of a complete development plan. By continuing to extend the public hearing to a subsequent meeting, Planning Oomaission is in a sense rewarding an applicant for not providing proper information on a timely basis. At the same time, though the information provided is less than adequate, acme effort was made by the applicant. Planning Commission might wish to extend the hearing another month based on this "good faith" effort. In addition, enacting the legal process to gain relief will require additional coat and may not noceasartly result in a solution desireable for either party. C. STAFF RECOMMENDATION: 7 Staff recommends that Planning Commission table the matter and direct I�L applicant to meet with City staff no later than June 9, 1989, for the purpose of defining additional information requirements in precise terms. The results of this meeting to be documented and incorporated 11115 Planning Commission Agenda - 6/6/89 into future decision making. As part of action to table, Planning O=mission should require that the applicant prepare information for City staff review no later than June 19, 1989. lois will provide staff with time necessary to review site plan and meet public hearing deadlines for the July meeting of the Planning Oommission. D. 6UPPOMNG DATA: Copy of existing incomplete site plan; Oopy of correspondence with Kevin Pair which outlines City requests for site plan information. Phone (612) 29e-2711 March 23, 1969 Mabe(612) 333-V%I C,ifcy o/ Monticello MONTICELLO. MN 55362.9245 y leo east e300 ae0 .IpI1tlCa00. MWrrwo O aaaez•oz.e Mr. Kevin Pair toGrImsm Pair's Garden Center 2�„, aka. 201 Fast Broadway Fret Fair P.O. Box 746 vvuuam Fah Monticello, MN 55362 Warren Smith Dear Mr. Pair: Ric. aw �„ It has come to our attention that you have purchased Lots 6, 7, 8, .srsmm Adrnirinruot and 9, Block B, for the purpose of providing additional sales and/or ,anning a Zonlrg storage area associated with the operation of Fair's Garden Center. .Ian o'Neln It is my duty to inform you that utilization of Lots 6, 7, 8, and 9 Aft Worlm: as an "accessory” use as described requires that you obtain a Jam 154 T01e conditional use permit as outlined in 14-4: )A) and )B) of the Ading 011160 Monticello Zoning Ordinance. Gary Anoerum 0-0--t The City requests that you conplete the attached application for a conditional use permit and supply the following information as part of your application. Staff will be reviewing the information to determine to what degree the use of Lots 6, 7, 8, and 9 as storage/sales area is consistent with the requirements of tho Zoning Ordinance. After reviewing the information with you, a plan for future action will be established designed to address any potential areas of non-co:pliance. It is planned that your conditional use permit application will be addressed at the planning Ccamisaion Heetiug of May 2, 1969. Following is information that the City would like you to submit to the City by Monday, April 18, 1989. 1. Completed application form. 2. Site plan to include plan for entire area encompasoing Loto 1-9. Site plan to include location and dimensions of the following items: a. All structures, including main business structure, garages, residences, etc. b. Storage structures, including storage bine. c. Outside sales area. y leo east e300 ae0 .IpI1tlCa00. MWrrwo O aaaez•oz.e Mr. Kevin Pair March 23, 1989 Page 2 d. outside storage area, types of materials stored. e. Proposed or existing screening fence or landscaping. f. Parking area. Please outline parking spaces. Sincerely, Assistant Administrator JOAd cc: Ren Maus Fran Pair Tae Hayes Pile C R01 May 26, 1989 MONTICELLO 250 East Broadway Monticello, NN 55361.9245 Phone: (612) 295.2711 Metro: (612) 333.5739 u.,.. A.m-thMj- Mr. Kevin Fair C., G—.1 Pair's Garden Center Dun Ddmiccu FT,II Fur 201 Fast Broadway Sh,do A.,L-,.m P.O. Box 746 tx;,— S..rh Monticello, MN 55362 um^ R.luldl�u0.•, Dear Kevin: Thank you for providing the site plan for the expanded Fair's Garden Center. Unfortunately, the information contained on "' 1.A�.SCJ the plan is not sufficient, as the necessary locations and dimensions of the various structures are absent from the site oa,. AiJcn,�n plan. As I informed you earlier, this information is P Y , necessary in order for City staff to determine precisely what t.—'.n„�•n�*� on,.�^,�.k,� variances might be needed prior to consideration of the conditional use permit. As previously requested, please update the site plan you submitted to me by including the approximate location and dimensions of a) all structures, including main business structure, garages, residences, utc.1 b) storage structures, including storage binsr c) outside sales areal d) outside storage area, types of materials storedm e) proposed or existing screening, fence, or lendscapingm f) parking area. Please submit the revised plan to me by 9:00 a.m., Tuesday, May 30. Staff will review the plan and contact you with our remarks accordingly. As one final note, if there are any variances that would be required with this site plan, they will be imposoible to obtain along with the conditional use permit, as the public hearing notice deadline for variances passed prior to staff getting information necessary to define any needed variances. 250 Fast Broadway Monticello. MN 55362.9245 Phone: (612) 295-2711 Metro: (612) 333-5739 MrKevin Pair Pair's Carden Center 201 East Broadway P.O. Box 746 Monticello, MN 55362 Dear Mr. Pair: may 10, 1989 As you recall, the Planning Commission tabled further discussion of your application for a conditional use permit until the regularly ocheduled meeting of the Planning Commission on June 6, 1989. It is vital that you submit the necessary site plan information well ahead of the Planning Commission meeting date so as to provide City staff with sufficient time to review the site plan and make appropriate recommendations to the Planning Commission regarding potential conditions that might be attached to the conditional use permit. The additional time will also provide us with the opportunity to discuss the potential conditions and staff recommendations with you prior to presentation to the Planning Commission. It is my understanding that the Planning Commission desires a thorough act of information regarding your business operation prior to a decision on this matter. Please submit the data outlined in my letter of March 23, 1989, no later than May 22, 1989. Staff will then have the week of May 22 through May 26 to review your site plan and prepare potential recommendations for the Planning Commission, iie can use the week of May 29 through June 2 to share our recommendation with you and discuss potential problems that might arise. Thank you for responding promptly to this request for information. Staff looks forward to working with you throughout the conditional use permitting process. If you should have any questions, please feel free to call. Yours truly, CITY OF MMrr1CMLO Gaey Anderson > Zoning Administrator Gli/kd Enclosure / • 1 act file ✓ Hr. Kevin Fair May 24, 1989 Page 2 Consequently, at the nest meeting, it will be impossible for the Planning Commission to recommend granting a conditional use permit if a variance is also needed. If you should have any questions regarding this letter, please contact me. Yours truly, CITY OF MMMICELI Jeff O'Neill Assistant Administrator JOAd cc: File Received site plan and letter on May_ 24. 1989. at Fair's Garden Center. Signature `