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Planning Commission Agenda Packet 07-05-1989AGENDA ROMMAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, July 5, 1989 - 7:30 p.m. Members: Richard Carlson, Cindy Lemm, Richard Martie, Dan MoConnon, and Mori Malone 7:30 p.m. 1. Call to order. 7:32 p.m. 2. Approval of minutes of the regular meeting held June 6, 1989. 7:34 p.m. 3. Public Bearing - A variance request to allow a deck to be constructed within the side yard setback requirement. Applicant, Michael and Dixie Talbott. 7:49 p.m. 4. Public Bearing - A variance request to allow a canopy to be constructed within the front yard setback requirement. Applicant, American Legion Post +260. 8:09 p.m. 5. Public Bearing - A variance request to parking and driveway area curb requirements. A variance request pertaining to hard surface requirement in driveway areae. A variance request pertaining to off-street parking requirement of 25 stalls. Applicant requests variance of 8 stalls. A variance request pertaining to screening of storage areae from the public right-of-way. Applicant, Pair's Garden Center. 8:15 P.M. 6. A conditional use permit request which would allow expansion of storage and sales area associated with a landscape center in the 5-4 zone. ADDITIONAL INPORMATION ITEMS 8:39 p.m. 1. Public Bearing - A variance request to allow a building addition to be built within the side yard setback requirement. Applicant, Bondhus Corporation. Council action: No action necessary, as the variance request did not come before them. 8:41 p.m. 2. 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 B-4 (regional business) zone. Applicant, city of Monticello. council action: Approved as per Planning commission recommendation. 8:43 p.m. 3. Consideration of a previous Planning Commission recommendation to rezone evergreens Subdivision Outlots A and B to B-3 (highway business). Applicant, Rent Rjellberg. Council action: Approved as per Planning Cmnmission recommendation. Planning C mmission Agenda July 5, 1969 Page 2 8:45 P.M. 4. 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 Oenter. Council action: M, action necessary, as the conditional use request did not come before them. 8:47 p.m. 5. Set the next tentative date for the Monticello Planning Commission meeting for Tuesday, August 1, 1989, 7:30 p.m. 8:49 p.m. 6. Adjournment. MINUTES REGULAR MEETING - HOMCELLO PLANNING COMMISSION Tuesday, June 6, 1989 - 7:30 P.M. Members Present: Richard Carlson, Cindy Lamm, Richard Martie, Mori Malone. Members Absent: Dan MoCbnnon. Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Chairperson Richard Carlson at 7:32 p.m. 2. Motion was meds by Cindy Lemm, seconded by Mori Malone, to approve the minutes of the regular meeting held May 2, 1989. Motion carried unanimously, with Dan McConnon absent. 3. Public hearins_- A_variance request to allow a buildirl addition to be Dunt wltnLn the 8100 vara seUicx requirement. Applicant, sonans omiporaMfi. Bondhus Corporation was represented by Mr. John Bondhus, owner of the Bondhus Corporation, and Mr. Dick Van Allen. Boning Administrator, Gary Anderson, indicated to the Planning Commission memI ra the location of the proposed variance request as shown an the easel in front of the Planning Ommmission mmembere. Mr. Van Allen indicated that in talking with the gentleman from Burlington Northern Railroad, they do not have a problem with a building being extended out to within three feet of their property line and would also have no objection to constructing a roadway to go around the building also. Mr. Van Allen, along with Mr. Bondhus, then explained the use of the proposed new facility, that being a heat treat facility: and instead of the 10 -foot aide wall height that is in their existing building, the new building would need an 18 -foot side wall height to accommodate the new heat treat equipment to be installed within this addition. Problems with locating this addition on another part of their building would be that they would encounter moving of the main transformer which provides the electricity to this building and also capping an existing well and drilling another well. With no further input from the public, Chairperson Richard Carlson then closed the public hearing and opened the meeting for input from the Planning Oommission members. Hearing no further input from the Planning Commission membere, motion was made by Richard Martie, seconded by Mori Malone, to approve the variance request to allow a building addition to be built within the side yard setback requirement. The notion carried unanimously, with Dan MoM mon absent. Reason for granting the variance request: The Burlington Northern Railroad has no intense use of the existing railroad an the tracks which go by this proposed variance request, nor would there be any Impairment on the neighborhood, that being the Burlington Northern Railroad or the neighboring properties which are adjacent to this variance request. 'Rorie Is also not contrary to the intent of the ordinance. 0 Planning Commission Minutes - 6/6/89 4. Public eeerimnq -Consideration of an ordinance amendment to Section 3-1t Man�or►rornin� Bu11a1n�, Structuress ana Oses wnlcn woula alta+ 11m1ted eReinelon o3 non;Olnrormml reHtaentlal uses in a �4 (regional mwslneae) Zane. Applicant, City or�t1ae110. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission meatieto the background to the proposed ordinance amendment which would allow expansion of a non -conforming use in a B-4 (regional business) sone. should a non -conforming residential structure be allowed to expand? Does this greatly reduce the intent of the non -conforming uses within the 8-4 zoning, indicating that will this provide additional life expectancy of the non -conforming single family house structure. The other major topic to deal with is, by allowing the non -conforming structure to be expanded, does it also prohibit future development in that it would be more expensive for a potential buyer to purchase the properties, demolish, and then construct a new building or buildings within this property for redevelopment. Chairperson Richard Carlson then opened the meeting for any input from the public. Mrs. Quick was present and explained to Planning Commission members that it is their intent to stay there and they would like to improve their property. If there had been some input from the commercial property to the west of them, the Bridge Water Telephone Company, they were not here and have not expressed any interest to them to purchase their property. If they have not contacted the Quicks, evidently they were not interested in purchasing the property. Chairperson Richard Carlson then closed the public hearing and opened the meeting for input from the Planning Commission members. Commission member Cindy Lem felt that we should stick to the Comprehensive Plan and not allow any expansion of a non -conforming use. Other comments brought out from the Planning Commission membere were that in all likelihood, development is probably at a minimum 3, possibly 9-10 years away from any future development within that area and that if a person wanted to expand their property, they should be allowed to fix up, maintain, and expand their property. If the properties aren't demolished, they could be purchased for small commercial type redevelopment in that being certain business offices could relocate within a single family residence that exists there. With no further input from the Planning Commission members, motion was made by Mori Malone, seconded by Richard Martie, to approve an ordinance amendment to read as follows: M '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 90 percent of estimated market value. Said value shall be determined by City or County Assessor. All setbacks associated with residential structure expansion must moat R-1 (single family residential) yard requirements.• �\ 2 V Planning Commission Minutes - 6/6/89 Motion carried unanimously with Dan McConnon absent. Motion to approve the ordinance amendment is based on the finding that the proposal is 1) consistent with the Ooaprehensive Plan) 2) it's compatible with the geographic area and the character of the adjoining lands) 3) the ordinance amendment will not tend to depreciate the area for which it is proposed) 4) the need for the proposed ordinance amendment has been sufficiently demonstrated. S. Consideration of a pprevious Planni!�$ Commission recommendation to rezone Evergreens Suoolvision Outlots A and a to B-3 (nignway Duslness) zone. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that some thought has been taking place since this was before them and that they should possibly consider a different type of zoning for the rezoning of Outlota A and B. It was the recommendation by the City staff to rezone the property to PSM (performance acne mixed). The developer, who was also present at the meeting, Mr. Kent Kjellberg, explained better flexibility would be allowed by the developer and more restrictions would also be placed on potential development by the City through the use of a PLM (performance zone mixed) zoning. With no further input from the public, Chairperson Richard Carlaon closed the public hearing and opened the meeting for input from the Planning Commission members. With no further input from the Planning Commission members, motion was made by Richard Martie, seconded by Cindy Imam, to rezone the evergreens Subdivision Outlots A and B to PSM (performance zone mixed) zoning. Motion carried unanimously with Dan KcConnon absent. Reason for approval of the rezoning was it allows more flexibility for the developer to develop with different types of uses which are allowed with it, and it also allows more restrictive development in that there are more restrictions that go on PSM properties when they are being developed. G. Tabled conditional use request to allow expansion of an open_and outdoor storeys as an ecceasoryy use In a e -a )reylonal Duainess) zone. A eenlea ooncitionai use rogues[ to allay an expansion or an open ana outdoor sales as a princlpat ane accessory use in a e -s iregionai Dueiness) on ze. Applicant, hair s Garcen Center. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that the staff reo=wndation as submitted to them in their agenda supplement should be changed somewhat and recommend that the conditional use request be denied and brought forth to the City Council for further action. The owner of the property, which is also the applicant, Mr. Kevin Pair, was not present at the meeting and did not indicate that he wasn't going to be at the meeting. Therefore, motion was made by Richard Martie, seconded by Cindy Lem, to deny the conditional use request to allow expansion of an aper and outdoor storage as an accessory use in a B-4 (regional business) sone. 0 Planninq Commission Minutes - 6/6/69 And to deny the conditional use request to allow expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) tone. Motion carried unanimously with Dan MaCannon absent. Reason for denial: It was felt that the staff had worked extensively with Mr. Pair to Dome together with a site plan to be developed, and if any variances would be needed, could be considered and set for public hearing, which have not taken place at this time. It was also felt that the City Council should consider some legal action to Mr. Kevin Fair, Pair's Carden Center, in that he is operating an expansion of an existing business facility without a permit. ADDITiONAI. INPORMATION rfM Mr. Jeff O'Neill, Assistant Administrator, handed out compiled results of the Joint City Council, Planning Commission, BRA, Industrial Development Commmittee, and Monticello Chamber of oommxerce meeting held Monday evening. The information was there for their review and they Could get back to City Staff with any comments that they had on this. 1. Preliminary plat request for a proposed new residential subdivision plat. Council action: Approved as per Planning Commission recommendation. 2. Rezoning request to rezone residential unplatted property from R-3 (medium density residential) to PSM (performance zone mixed). Applicant, J 6 K Properties. Council action: Approved as per Planning Commission recommendation. 3. Variance request to allow 1) a parking lot to be constructed within a 5 -foot curb barrier to lot line requirement, and 2) to allow a driveway curb cut to be in excess of the 24 -foot maximum allowed. Applicant, J a K Properties. Council action: No action needed, as the variance request did not come before them. 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 6 K Properties. Council action: No action required, as the variance request did not Dome before them. S. 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. 6. conditional use request to allow expansion of an open and outdoor storage as an accessory use in a 5-4 (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) sane. Applicant, Pair'e Carden Center. Council actions No action required, as the request was tabled by the Planning Commission. i� (5) planning commission Minutes - 6/6/89 Motion by Mori Malone, seconded by Richard Martie, to set the next tentative for the Monticello planning Commission meeting for Wednesday, July 5, 1989, 7:30 p.m. Motion carried unanimously. B. Motion by Cindy Loam, seconded by Mori Malone, to adjourn the meeting. The meeting adjourned at 9:10 p.m. Respectfully submitted, Gary toning Administrator Planning Commission Agenda - 7/5/89 3. Public Bear - A variance request to allow a deck to be constructed witnin the Wle yara setnacx requirement. Applicant, Mlcnaei anO Dixie Talbbtt. (G.A.i A. REPERENCE AND BACKGROUND: Nr. and Mrs. Talbott are proposing to be allowed to construct a deck addition onto the west side of their existing house. The proposed deck, approximately 12 x 20 in size as noted on the enclosed site plan, will encroach approximately 2 feet within the minimum 10 -foot side yard setback as required by ordinance. As noted on the enclosed site plan, the new proposed deck, if allowed to be constructed, would be approximately 35 feet from the nearest adjoining structure to the west. The proposed deck to be constructed would also be within 2 feet of a side yard 6 -foot drainage and utility easement. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a deck to be constructed within the side yard setback requirement. 2. Deny the variance request to allow a deck to be constructed within the side yard setback requirement. C. STAFF RECOPPODMATION: With the proposed deck as whom on the enclosed site plan, City staff recommends approval of the variance request to allow the deck to be constructed within approximately 2 feet of the minimum 10 -foot side yard setback requirement. The rationale for approval of the variance request is that the proposed deck addition would be approximately 35 feet from the nearest adjoining property to the west of the Talbott residence. D. .wee.rn.,.w DATA: Copy of the location of the proposed variance requestr Copy of the two site plans for the proposed variance request. A variance request to allow a deck to be constructed within the aide Yard setback requirement. MTraAFZ C. DIXIE TALBOTT 1 F` f� ��y `• • + •fit A , ' ZSV�` r \ LbA OA. zo loss . (,.b ,• is U.n 8.ry • 7. • 4. %I••• 7.r 40t fw N• W.•. J 4l+-. L 44 I M.7r.Ia4L 7... • N -so t••i�s b" .•w 1a •/ 1.40 As toeM;V ts ■ 0•• • tC,w 1. .,km /6 zbi 16. x ►t i1• 0, •. s t wY ✓i �..., R Im $4 t l yJ1.. R 20 FF. A `gkw+C ✓ y� t %,- Cs t .r �- L4 's - i•IL uw o- Gds) �J�•rW, so. 3' 3�.a. ant`s ✓ 4T UL' s -)f tl- Simi" i 1p t.40 LL lkln� N% -•o is 00 ( I ) sww b LA.X Ya. maUj Y I(# q.aw "6%06 / w {+i . NWP--a mock ,4, 118 I (sued* Lt.) GIS w 0 � bIw► Mrd s. /.we*4.I.w.• GIkA.oar tT 746.0 c-,4- lo• 46 6-s O w tock u"°x°,; °y I1IRic . SS36Z J Planning Commission Agenda - 7/5/89 4. Public Bearing - A variance request to allow a canopy to be constructed within the tront yarn setbacK requirement. Applicant, Monticello American Legion Post MO. IG.A.I A. REPPRENCE AND BACKGROM: The public hearing notice that was filed for this stated that it was to allow a canopy to be constructed within the front yard setback requirement, and it should have been stated to indicate the side yard setback requirement. For determining the front yard, which is the front yard on a property, the shortest side of the lot shall be considered the front yard. In this case, the building faces Elm Street, which would be considered a side yard setback even though the front of the building does face Elm Street. So we should be considering this as a side yard setback requirement and encroachment into the side yard setback requirement. The American Legion is proposing to be allowed to construct a canopy addition onto the front portion of their building. The proposed canopy is approximately 6 feet in width by 10 feet long. The proposed canopy addition to be constructed would be encroaching up to near the side lot line. As noted on the enclosed site plan, the proposed canopy would be the open side type canopy with just a roof over it and supported on the building and also on two posts near the front. The new addition which is constructed on the existing American Legion building brought the newly constructed building addition up to within 11 feet of the aide property line. Even though this may be considered portable in nature, it is still a permanent type of canopy, as it is permanently affixed to the ground by the posts which support it. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a canopy to be constructed within the side yard setback requirement. 2. Deny the variance request to allow a canopy to be constructed within the side yard setback requirement. C. STAPP RECOMMENUTION: As you recall, previously the Planning Commission denied the American Legion Post variance request to allow a building addition to be built within the side yard setback up to within 11 feet of the minimum 20 -foot side yard setback. To allow this, even if it is just a canopy type addition to be constructed up to very near the aide property line, we would be getting even closer to the side property line. Staff fails to see the rationale for the variance request other than it would be a nice addition attached to their newly renovated building. D. SUPPORTING DATA: Copy of the location of the proposed variance requestr Copy of the site plans for the variance request. Planning Commission Agenda - 7/5/89 5. Public Bearing - A variance request to parking and driveway area curb requirements. A variance request $ertein3.I to vara surface requirement im driveway areas. A variance request Qertaininq to off-streetrking requirement of 75 stalls. Applicant requests variance of a stab. A variance recpes t eertainin9 to screening of storage areas from EFie punlic rignt-or-way. Applicant, Fair's Garden Center. (J.0.) A. REPERENCE AND BAMGROOND: Kevin Pair has applied for a conditional use permit which would allow the expansion of a sales and storage area associated with the operation of Pair's Garden Center. As you recall, the Planning Commission, at its last meeting, acted to recommend denial of the conditional use permit based on the fact that insufficient site plan information was available to the Planning Commission and because the applicant failed to appear before the Planning Commission. Staff was unable to bring this recommendation to the City Council when it was discovered that a form letter sent to Pair prior to the previous Planning Commission meeting indicated to Pair that the issue would be tabled if he was not present. As a result of this letter, Planning Commission is compelled to return this item to the table for discussion. Since the previous meeting, Pair i.endscaping has been cooperative in development of a site plan which has allowed staff to clearly define the variances necessary prior to issuance of the conditional use permit. This memo outlines the proposed site plan and outlines each variance request. To help visualize the site plan and variance requests, it is proposed that the Planning Commission actually visit the site during the meeting. After the visit, please be prepared to make a separate motion and a finding of fact pertaining to each variance request below. PARKING REQUIREMENT The proposed site plan provides for 17 parking spaces, which is 8 spaces fewer than the spaces normally required for development of a retail store and service establishment. The ordinance (3-5 B 18.(a)) states that at least eight spaces, or one space for each two hundred square feet, be devoted to public sales or service plus one space for each 500 square feet of storage area. The proposed site plan varies from this requirement by 8 spaces. In order to create the additional parking spaces along Broadway and retain a portion of the sales area, the applicant has agreed to discontinue use of the westerly curb cut on Broadway. Discontinuance of this driving area has created additional apace for parking and sales area. As you can ase on the enclosed site plan, a major portion of seven of the spaces that front Cedar are actually located on the boulevard. Under normal circumstancea, this would never be allowed. In fact, the ordinance requires a five foot setback between the boulevard line and the parking area. In this particular situation, the Planning Commission is asked to "count" the non -conforming spaces as legitimate parking area stalls. -3- Planning Commission Agenda - 7/5/89 According to the City Attorney, the City is somewhat compelled to include the lots fronting cedar as legal non -conforming lots because they have existed prior to adoption of the zoning ordinance and/or because the City has allowed the use to occur for many years without a notice of violation. Parking demands associated with the operation of Pair's Carden Center present a unique set of site plan problems. As a retail outlet for garden materials, plants, equipment, etc., there are certain times of the year when activity peaks. During mid and early spring, the needs for space for inventory and the need for parking are at their highest. The question is, should the City require sufficient parking for peak demands, or should the parking requirement reflect the "average" demand? Another factor influencing the parking requirement discussion is the method by which parking spaces are calculated relative to the type of retail activity conducted. The present system defines required parking stalls based on the square footage of the retail and storage area. This system of calculating proper parking capacity eamewhat penalizes those retail establishments which, by the nature of their inventory, need a large amount of retail area. Plants and trees take up considerable retail space as compared to other types of retail items, yet the parking space per square foot retail area is the same. As a footnote, I have found no evidence or testimony from the Public works Department indicating that Pair's Garden Center customer parking has created an off-street parking problem, nor have I received parking spill-over caplaints from adjoining businesses. B. PARKING VARIANCE ALTERNATIVES: 1. Deny variance request, direct applicant to amend site plan to show 25 parking stalls. This could be done by removing sales area in front combined with relocation or elimination of the storage bins. 2. Approve variance request on a trial basis. If parking demands warrant expansion of the parking as shown on the site plan, then applicant will adjust site plan accordingly an a condition of the conditional use permit. variance granted based on the finding that the proposed action will not: A: Unreasonably Increase the congestion in the public street. B: Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this ordinance. furthermore, strict application of the terms of this ordinance may result in exceptional difficulties when utilising the parcel in a manner customary and legally permissible within the district in which the parcel is located. Planning Commission Agenda - 7/5/89 C. RECOMMENDATION REGARDING PARKING STALL VARIANCE: It is recommended that the 8 stall parking variance be granted on a trial basis. It appears that the Garden Center has not significantly contributed to parking problems in the area. In addition, parking requirements associated with Garden Center retail sales may be slightly overstated because of the manner in which the parking requirement is calculated. Although the structures are not configured on the property in a manner that will allow development of additional parking spaces, it is possible to expand the parking area at some time in the future if the demand warrants such expansion. One could expand the parking area by three stalls by replacing the sales area next to the storage bins with additional parking, which would result in a variance of five stalls. In order to completely eliminate the need for the variance, the rock bins would need to be removed to make room for the additional parking. CURB REDUIREMIM The site plan presented requires two curb related variances. The ordinance states that "all open off-street parking shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than five feet to any lot line." This requirement does not apply to the pre-existing legal non -conforming parking area that runs parallel to Ceder Street and alongside the main structure. This requirement does apply to the four new parking spaces that will front Broadway. The other curb requirement states, "All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six inch non -surmountable continuous concrete curb around the perimeter of the parking area and driveways." This requirement applies to curb locations outlined on the site plan in brown. Curb Variance Number one - New Parking Stall Perimeter This curb variance request pertains to the four new parking spaces proposed that will front Broadway. The case for granting a variance to the curb requirement in this situation is difficult to make. There is no particular hardship that limits the ability of the applicant to meet this requirement. There are positive reasons why a curb is appropriate in this location. Establishing a curb line parallel to Broadway will assist in defining the expanded parking area and may encourage customers to park in the new area in order to relieve parking on the Cedar side of the lot. A curb line parallel to Broadway will provide assurance of a buffer zone between the Broadway right-of-way and the parking area, thereby avoiding the current parking design problem associated with the stalls along the front of Cedar. However, it might be wise to not install curbing between the final stall and the sales and storage area so as to provide for the potential of creating new spaces if the need demands. -5- Planning Commission Agenda - 7/5/89 C. STAPP RECOMMENDATION - CURB VARIANCE NUMBER ONE: Staff recommends that curb variance number one be denied. Curb Variance Number Two - Perimeter Curb around Commercial Drive The Planning Commission needs to determine the intent of the zoning ordinance as it applies to this unique driveway arrangement. Is it appropriate to require curbing along a drive that passes through a nursery sales and storage area? Curb placement in this location will reduce the functionality of the nursery sales area by reducing the ability to move inventory, and the presence of the curb will be an obstacle to customers viewing inventory. Furthermore, the drive area is not designed for use by customer vehicles (except in front of the bins) and is used only periodically by Garden Center vehicles. Finally, curbing is often used to assist in directing storm water. In this situation, curbing is not necessary to control drainage. This .. lination of factors leads one to believe that the curb requirement may not apply to the drive area within the sales and storage area. C. STAPP RECOMMENDATION - CURB VARIANCE NUMBER TWO: Staff recommends approval of said variance. It is our view that the curb requirement was not intended to be applied in this particular situation. Awarding the variance in staff estimation is not contrary to the intent of - the ordinance. DRIVEWAY SURFACING VARIANCE The ordinance states, "all areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of single family and two family dwellings, driveways and stalls shall be surfaced with six (6) inch class five base and two (2) inch bituminous topping or concrete equivalent." The proposed site plan requires a variance to this provision, as it is proposed that a large portion of the driving area consist of red limestone. This area is identified in yellow on the attached Bite plan. A large portion of the driveway area will be in compliance with the ordinance. This area is identified in red. The area needing the hard surface variance consists of two basic areae. The first area includes the nursery sales and storage yard. The second area includes the driveway space that services the storage bins. Hard Surface Variance Number One Accoring to Garden Center employees, placement of a bituminous drive -7 through the nursery and sales area will create a heating effect that will have a negative impact on the viability of the nursery stock. Placement J of a blacktop drive in this area will render the adjoining areae useless -6. N t-1 lug 0 1 N \ 1 slltitdltt 11.E 111,' 1, 1'14 j VAHIPOT OIN{IIIli IA I AcceirAUv! iu iir' � 1 i' j '� � crr�xrwri ait {, r. rr • r r ( ( ' 1 ! a.r✓ .4� t4 0 r 'r Planning Commission Agenda - 7/5/89 as inventory storage and sales area. The existing surface consists of a material that is relatively dust free and is exposed to consistent watering which also reduces dust created by limited traffic and wind. In addition, proper drainage has not been a problem in this area. C. STAFF RECOMPOMTION - BARD SURFACE VARIANCE NUMBER ONE: Staff recommends that granting a variance to the hard surfacing requirement through the nursery and sales area is consistent with the intent of the zoning ordinance for reasons stated above. Bard Surface Variance Number Two The second area proposed to be surfaced with limestone rather than bituminous material is that area that serves as a loading area associated with the rock storage bins. Traffic in this area consists of individuals loading rock and also includes some heavy equipment operation associated with periodic restocking of the bine. This area is different from hard surface variance area number one because it receives more traffic and because there to less nursery stock nearby that might be damaged by the heat produced by a bituminous drive. C. STAFF REOOMHENDATION - BARD SURFACE VARIANCE NUMBER TWO: It is our view that it is the intent of the ordinance that traffic areas be paved, and it appears that this area should be defined as a customer and business traffic area. Therefore, staff recommends that the area in front of the bine leading to the exit onto Broadway be surfaced with bituminous material. The recommendation is further supported by the fact that paving this area will not hamper the ability of the Garden Center to maintain its live plant inventory. VARIANCE REQUEST - STORAGE BIN SCREENING FROM THE RIGHI-OP-MY According to the zoning ordinance, the rock storage bine should be screened with materials that are 90% opaque. The plant materials, though attractive, do not achieve 90% opacity. Planning Commission may wish to grant the variance if it appears that the intent of the ordinance is satisfied with the existing screening. If, in your view, the intent has not been satisfied and the storage area represents a visual blight that requires further screening, then the Planning Commission should deny the variance and direct the applicant to plant addition Evergreens to provide a denser screen. In a related matter, Planning Commission my wish to "beef up" the screening of the garage and equipment storage area from Broadway by requiring a planting as noted in orange on the site plan. I will explain this item when we visit the site. -7- Planning Commission Agenda - 7/5/89 �i C. STAPP REf1X44ENDATION: It is the view of staff that the intent of the ordinance has been satisfied with the existing screening of the storage bins. even though the screening is not 908 opaque, the material screened (wood pilings) do not present a visual blight at the present level of screening. Furthermore, as the plantings grow, the density of screening will increase. It is staff's view that the intent of the ordinance will not be violated by approving this variance because the goal of screening the bins has been accomplished. This, of course, is a subjective conclusion. Planning Commission may not have the same opinion] and if you feel the proper level of screening has not been accomplished, then I would recommend that you deny the variance request. B. ALTBRNATM ACTIONS: 1. Motion to approve one or more of the variance requests above. 2. Motion to deny one or more of the variance requests above. C. STAFF ROOd4ffiIDATION: See each individual variance request. D. Avst wr.u:J DATA: See selected excerpts from the zoning ordinance and copy of color coded site plan. .a- Planning Commission Agenda - 7/5/89 6. Consideration of conditional use permit which would allow open or outdoor service sale and rental as a principal ane accessory use. W.O.) A. REFERENCE MID BACKGROUND: In order for the landscaping center to legally expand its area of operation, it must receive permission from the City in the form of a conditional use permit. As you know, some months ago the landscape center expanded without such permission and is now asking for permission to expand "after the fact". Operation of the facility as it now exists would require a considerable number of variances that the Planning Commission and City Council might be unwilling to grant. Fortunately, the Garden Center has been cooperative in development of the site plan, and it appears that the business will work with the City in developing a site plan that is acceptable. Site Plan Enclosed is a colored version of the site plan which will provide a general overview of the proposed development area. As mentioned earlier, we will be taking a walking tour to supplement information on paper. Following are some "high pointe" of the plan. The Plan calla for removing the westerly entrance and drive to Broadway, thereby creating additional parking area. A fence or landscape planting is scheduled for the entire perimeter of the property in compliance with the ordinance. The area previously used as a private drive and the equipment storage areas in the rear of the structure will be paved with bituminous material. LIST OF CONDITIONS The existing plan meets all of the listed conditions associated with outside sales and rental. However, the ordinance does state under condition one that "outdoor sales connected with the principal use is limited to 30% of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit." If Planning Comaaiesion desires to approve this permit, a higher percentage must be identified as allowable. In this case, the percentage should be increased to approximately 300% of the gross floor area of the principal use, as the outside sales area is three times the size of the inside sales area. Condition two states that "outside sales areae are fenced or screened from view of the neighboring residential uses." The existing site plan shows either a fence or landscaping sufficient to comply with the ordinance. Planning Coamission is naked to determine its preference. Rhe remainder of the listed conditions are met if the site plan is a executed. -s- Planning Commission Agenda - 7/5/89 Following is a complete list of conditions that could possibly be added to the existing list. Items on this list will vary depending on Planning Commission decisions with regards to the variance requests. This list assumes that no variances are provided. Remove each Stem below that is satisfied via the variance request. Items checked are those conditions that would be required if Planning Commission accepts every variance recommendation. B. ALTERNATIVE ACTIONS: 1. Motion to approve conditional use permit request which would allow expansion of open or outdoor sales area contingent on: Motion should �dentify selected conditions from the list below). 1•,•,,c�x'A �3. a. Developb>ent of 25 Arking spaces. b. Development of curb system around parking expansion area located on the Broadway side of the lot. c. Development of curb system that surrounds the entire perimeter of the parking and drive areas. d. Development of bituminous parking throughout all parking and driveway areas. e. Development of bituminous drive in rock bin loading and unloading area. f. Development of landscaping as identified on site plan, including development of like screening material designed to screen the garage slorege area from the public right-of-way. g. Installation of plant material that will screen the storage area to a level of 90% opacity. h. Deposit of funds in escrow account equal to the cost to install improvements required in the conditional use permit. i. Closing of the westerly Broadway access drive. 2. Motion to deny conditional use permit. If the applicant fails to agree to Planning Commission suggested conditions, then the Planning Commission has the option of recommending rejection of the conditional use permit request. The item would then come before the Council. D. SUPPORTING DATA: Excerpts from the zoning ordinance# Copy of color coded site plan. 1 IAL -10-