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Planning Commission Agenda Packet 07-07-1992MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday, June 15, 1992 - 6 p.m. Members Present: Richard Martie, Cindy Lemm, Richard Carlson Members Absent: Jon Bogart, Dan McConnon Staff Present: Gary Anderson; Jeff O'Neill; Rick Wolfsteller; John Simola; Bret Weise, Consulting Engineer; and Paul Weingarden, City Attorney 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 6:02 p.m. 2. :ublic Hearing --Consideration of a conditional use permit which would allow a public utility buildinq in a PZM zone. Applicant, Citv of Monticello. Jeff O'Neill, Assistant Administrator, reviewed the background of the conditional use permit request to allow a public utility building in a PZM zone. He stated that the neighboring uses include the following: Immediately to the south of the building are three residential uses and a sheet metal shop, followed by a portion of Ruff Auto Parts. Immediately to the west is West Cello Apartments, a multi- family residential housing consisting of four 12 -unit buildings. To the north of the property is the open green area for the Pinewood Elementary School. To the east is the railroad tracks and a single family house just beyond the tracks. The building proposed is to be a 15,000 eq ft vehicle cold storage facility with a sign shop near the southwest corner of the building. An outside fuel dispensing facility is located near the southeast property corner. The main entrance to the facility is southwest of the public works offices. Landscaping requirements state that the site must have a minimum of 37 overstory tree plantings. Currently on site there are many more than 36 tree plantings; however, some are smaller than required. If one counts two undersized trees as one, the net number of trees on the site is 36. O'Neill noted that the minimum number of trees (37) will be exceeded with the proposed tree planting screening along the west side of the property. The plantings along the west side and part of the north side to the fenced -in area will be 6 -ft coniferous tree plantings planted in a staggered fashion in two rows 10 ft apart. Completion of the existing security fence will surround the west side and a portion of the north side of the property to include the open storage aroa for the pole building facility located in the northwest cornor. The fence along the south Page 1 O Special Planning Commission Minutes - 6/15/92 side of the property between the public works offices and the southwest corner of the property will include slats between the chain link fence. Hard surfacing and curbing are to be omitted along the east side of the new facility to allow existing surface water drainage between the new public works facility and the existing public works maintenance garage and also to allow phase II construction between these two buildings. If hard surfacing of this area is required with phase I, portions of it would have to be removed with phase II construction. Curbing on the south side of the building south of the existing off-street employee parking spaces will also be omitted at this time and will be installed as part of phase II expansion. Bret Weiss, Consulting Engineer, addressed the on-site drainage issues for this project. All drainage will occur on this site and will be disposed of through a pipe installed under the railroad tracks and through a culvert allowing surface water to be disposed of through a ditch system on the north side of the railroad tracks. The on-site and off-site drainage of this facility is being incorporated into the overall city drainage plan. John Simola, Public Works Director, explained the location of the existing buildings on the public works site in relationship to the proposed cold storage facility to be constructed as part of phase I. Phase II will include construction of a salt shed near the northeast corner of the proposed cold storage facility, with a washing room facility constructed between the existing public works maintenance garage and the new cold storage facility. Phase II will also include construction of meeting facilities and restroom facilities south of the existing public works garage near the southeast corner. Phase III may include the construction of a building between the existing public works garage and the existing office building. Part of the office building may be removed. Simola also explained the proposed gravel storage area with a gravel surface. This proposed area is at times needed for storage of gravel fill material during city projects and granite chips used as part of sealcoating projects. O'Neill explained the ordinance requirements, which include the following four conditions: 1. Conformity with the surrounding neighborhood is maintained, and required setbacks and side yard requirements are met. Page 2 O Special Planning Commission Minutes - 6/15/92 2. Adequate screening from neighboring uses and landscaping are provided in accordance with Chapter 3, Section 2, of this ordinance. 3. The facility must have direct access to a county and city/state aid highway. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. O'Neill read portions of a letter received from County Assessor, Doug Gruber, indicating that if the public works facility is constructed and screened as shown on the plans, thero should be no adverse effect on the neighboring single family uses. When considering an ordinance amendment, five items shall be considered as follows: 1) consistency with the comprehensive plan; 2) the geographical area involved; 3) the character of the surrounding area; 4) whether such use will tend to or actually depreciate the area in which it is proposed; and 5) the demonstrated need for such use. Acting Chairperson, Cindy Lamm, then opened the public hearing. Mrs. Christie DeMars of 103 Golf Course Road explained that she received a letter from Chris Holm addressing issues of concern as a home owner in regard to the proposed public works facility. Mrs. DeMars stated that, as a home owner, she was in favor of the proposed use of the property. It is consistent with what has been done there in the pest, and the City is a good neighbor to her property, which is located two houses and the apartment complex awawy from the public works facility. Mr. Chris Holm, owner of the West Cello Apartments, addressed the following issues: 1. The increase from approximately 11,300 sq ft of building area to approximately 21,000 eq ft of building area. He clearly indicated the site was too small to serve the needs of the city as it continues to grow. 2. Holm stated that there is some site cleanup that in needed; but why not move the building site farther away from his residential multi -family use? Why does it have to be at the proposed location? Page J O 01. Special Planning Commission Minutes - 6/15/92 3. After meeting with John Simola and Jeff O'Neill, the site is proposed to be screened, but he indicated that more trees need to be planted. 4. He is currently having an appraisal done of his property for refinancing; and if the appraisal shows that his property is reduced in value due to the expansion of the public works facility, he will sue the City for lost value to his property. Mr. Willard Jensen, a Country Club Manor resident, stated that the site is much too small for expansion to meet the needs of the city as it grows. He also stated that there is too much traffic on Golf Course Road with the speed that is posted, and the speed limit is exceeded more than it is complied with. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. A motion was made by Richard Carlson and seconded by Richard Martie to approve the conditional use permit based on the following findings: 1. The proposed conditional use permit is consistent with the purpose of the PZM district, which is to provide a land use transition between high density residential land uses and low intensity business land uses. 2. The site plan, which includes extensive screening, landscaping, direct access to county and city/state aid highways, and separation from R-1 and R-2 uses, is found to be consistent with the stated purpose of the PZM zone. 3. The present mix of the uses in the PZM district at this location is compatible with the proposed conditional use, and the proposed conditional use is consistent with the geography and character of the area. The proposed site is sufficiently separate from single family residential areas and is centrally located so as to provide ease of access to all areas of the city which will be serviced by the facility. 4. The conditional use proposed will not depreciate the area in which it is proposed, as It will be an Improvement to what was once a permitted use, which will enable the City to store vehicles inside which would otherwise remain outside, and will be aesthetically pleasing. Page 4 O a� AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, July 7, 1992 - 7 p.m. Members: Dan McConnon, Richard Martie, Richard Carlson, Jon Bogart, Cindy Lemm 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the special meeting held June 15, 1992. 7:04 pm 3. Approval of minutes of the special meeting held June 22, 1992. 7:06 pm 4. Public Hearing --Consideration of an amendment to Section 2-2 (HB) of the Monticello Zoning Ordinance governing home occupations. The proposed amendment would modify the requirement that "no other than persons residing on the premises shall be employed." Applicant, Dave and Joan Theilman. 7:20 pm 5. Public Hearing --A preliminary plat request to subdivide an unplatted tract of land into an industrial subdivision plat. Applicant, Brad and Mary Barger. 7:30 pm 6. Continued Public Hearing --Consideration of a request to amend a condition of the previously - approved conditional use permit. Applicant, Hillside Partnership/Sixth Street Annex. 7:40 pm 7. Continued Public Hearing --Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant, Hillside Partnership/Sixth Street Annex. 7:50 pm 0. Continued Public Hearing --A preliminary plat request entitled "Silver Pox" Commercial Subdivision to subdivide an existing 6.69 -acre tract of unplatted land. Applicant, Ed and Arlys Larson. Additional Information Items 7:56 pm 1. A variance request to allow a detached garage to be built within the rear and side yard setback requirements. Applicant, Dennis Doran. Council action: No action required, as the request did not come before them. 7:58 pm 2. Consideration of amending the official zoning map of the city of Monticello by rezoning all of the Thomas Park subdivision and that part of the SM 1/4 of the SE 1/4 lying southerly of I-94 from B-2 (limited business) to I-1 (light industrial). Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. Planning Commission Agenda July 7, 1992 Page 2 8:00 pm 3. Conditional use request to allow open and outdoor storage, open and outdoor sales as an accessory use in an I-1 (light industrial) zone. Applicant, Monticello Boat Works. Council action: Approved as per Planning Commission recommendation with one exception --all of the tree requirement must be met. 8:02 pm 4. A variance request to allow an open and outdoor sale: area to be more than the maximum 308 of the groes floor area of the principal use. Applicant, Monticello Boat Works. Council action: Approved as per Planning Commission recommendation. 8:04 pm 5. An ordinance amendment to Chapter 10-8 of the Monticello Zoning Ordinance by including "governmental and public utility buildings" to be allowed as a conditional use in a PEN (performance zone mixed) zone. Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. 8:06 pm 6. Consideration of granting a conditional use permit allowing operation of a public utility facility in a PEN zone. Council action: Approved as per Planning Commission recommendation. 8:08 pm 7. An ordinance amendment to Chapter 10-6 of the Monticello Zoning Ordinance which identifies permitted uses in the PEN (performance zone mixed) zone by deleting or amending 10-6 (Cj, "those uses that exist prior to the adoption of this chapter." Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. 8:10 pm 8. A preliminary plat request entitled "Silver Fox" Commercial Subdivision to subdivide an existing 6.69 -acre tract of unplatted land. Applicant, Ed and Arlys Larson. Council action: No action required, as the request did not come before them. 8:17 pm 9. A conditional use request to Section 20-2-C of the Monticello Zoning Ordinance which requires that a planned unit development include an area of at least 3 acres. Applicant, Investors Together. Council action: Approved as per Planning Commission recommendation. 8:14 pm 10. A replatting request to subdivide Outlot A of the East View residential subdivision. Applicant, Investors Together. Council action: Approved as per Planning Commission recommendation. Planning Commission Agenda July 7, 1992 Page 3 8:16 pm 11. A conditional use request allowing a townhouse development in an R-2 zone. Applicant, Investors Together. 8:18 pm 12. Consideration of a variance to the curbing and hard surfacing requirement. Council action: Approved as per Planning Commission recommendation. 6:20 pm 13. Consideration of a request to amend a condition of a previously -approved conditional use permit. Applicant, Hillside Partnership/Sixth Street Annex. Council action: No action required, as the request did not come before them. 8:22 pm 14. Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant, Hillside Partnership/Sixth Street Annex. Council action: No action required, as the request did not come before them. 8:24 pm 15. Consideration of a zoning ordinance amendment which would allow certain commercial buildings located in the PZN zone to qualify to follow sign requirements pertaining to buildings in commercial zones. Applicant, Hillside Partnership. Council action: Approved as per Planning Commission recommendation. 8:26 pm 16. Consideration of a conditional use request to allow a sign system for a building with 3 or more business uses but which, by generally understood and accepted definitions, is not considered a shopping center or a shopping mall. Applicant, Hillside Partnership. Council action: Approved as per Planning Commission recommendation. 0:28 pm 17. Consideration of a variance request to allow more than 100 aq ft maximum wall sign square footage. Consideration of a variance request to allow more than 25 sq ft maximum pylon sign square footage and to allow more than the maximum 16 -ft pylon sign height. Applicant, Hillside Partnership. Council action: Denied as per Planning Commission recommendation. 8:30 pm 18. Considoration of setting a special Planning Commission meeting date for July 27, 1992, 6 p.m. 8:32 pu 19. Set the neAl .egular meeting date for August 4, 1992, 7 p.m. 604 pm 20. Adjournment. Special Planning Commission Minutes - 6/15/92 5. The use of the present site has grown so as to render the existing buildings inadequate for the stated purpose and, therefore, requires expansion. The need for a public works building in a city the size of Monticello is obvious. 6. The conditional use is consistent with the comprehensive plan. 7. The proposed site meets the requirements as outlined by city ordinance. Motion carried unanimously. 3. Public Hearino--Consideration of a variance to the curbing and hard surfacing requirement. Aoolicant. Citv of Monticello. Jeff O'Neill, Assistant Administrator, reviewed the variance request from the concrete curbing and hard surfacing requirements in certain areae. O'Neill outlined the areas where there would be no hard surfacing or curbing at this time and the areas where the curbing and hard surfacing will be installed as part of phase II. He also showed an area where there will be no curbing installed at this time or in future phases. Acting Chairperson, Cindy Lemm, then opened the public hearing. There being no input from the public, the public hearing was closed, and the meeting was opened for further comments from the Planning Commission members. There being no further comments from the Planning Commission members, a motion was made by Richard Hartle and seconded by Richard Carlson to approve the variance request to allow no curbing or hard surfacing in certain areas of the public works facility site. Motion is based on the finding that the proposed variance will not 1) impair an adequate supply of light and air to the adjacent property; T) unreasonably increase the congestion in the public street; 3) increase the danger of fire or endanger the public safety; or 6) unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of the ordinance. Motion carried unanimously. Page 5 O Special Planning Commission Minutes - 6/15/97 4. Consideration of the preliminary plat of the Battle Rapids residential subdivision. Consideration of a conditional use permit allowing development of a townhome in an R-7 zone. Consideration of a variance request to the requirement that a PUD be of at least 3 acres. Applicant, Investors Toqether. Jeff O'Neill, Assistant Administrator, suggested that, because it was after 7 o'clock and the City Council meeting was scheduled to be begin at 7 p.m., Planning Commission table item t4. A motion was made by Richard Martie and seconded by Richard Carlson to table the preliminary plat of the Battle Rapids residential subdivision, to table consideration of a conditional use permit allowing development of a townhome in an R-7 zone, and to table consideration of a variance request to the requirement that a PUD be of at least 3 acres. Notion carried unanimously. 5. A motion was made by Richard Martie and seconded by Richard Carlson to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 7:13 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Pegs 6 O MINUTES REGULAR MEETING - MONTICRLIA PLANNING COMMISSION i Tuesday, June 2, 1992 - 7 p.m. Members Present: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lem, and Richard Carlson Members Absent: None Staff Present: Gary Anderson, Jeff O'Neill, Rick Wolfsteller, Bret Weiss, and John Simola 1. The meeting was called to order by Chairperson Dan KcConnon at 7:03 p.m. 2. A motion was made by Richard Martie and seconded by Richard Carlson to approve the minutes of the regular meeting held May 5, 1992. Motion carried unanimously. 3. Public Hearinq--A variance request to allow a detached gara%e to be built within the rear and side vard setback requirements. Applicant, Dennis Doran. Chairperson Dan McConnon opened the public hearing. Dennis Doran was present to request a variance allowing a detached garage to be built within the side and rear yard setback requirements. Mr. Doran requested that the garage be placed within 5 feet of the side property line and 20 feet from the rear property line. Jeff O'Neill, Assistant Administrator, played a video tape showing the location of the existing house on the site and the proposed location of the garage. Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. Planning Commission members found it difficult to define a hardship supporting his request. The Information presented clearly indicated that a garage could be built within the setback requirements without a variance. A motion was made by Jon Bogart and seconded by Richard Martie to deny the variance request to allow construction of a detached garage within the rear and aide yard setback requirements. Motion carried unanimously. Page 1 Planning Commission Minutes - 6/2/92 Reason for denial: Applicant failed to demonstrate a hardship that would be created without the variance. 4. Public Hearing --Consideration of amending the official zoninq map of the city of Monticello by rezoning all of the Thomas Park subdivision and that part of the SW 1/4 of the SE 1/4 lying_ southerly of I-94 from B-2 (limited businessl to I-1 jliaht industrial). ApDlicant. City of Monticello Planninq Commission. Jeff O'Neill reviewed the proposed amendment to rezone all of the Thomas Park subdivision and part of an unplatted tract of land from B-2 to I-1. He indicated that Pat Townsend, owner of Monti Motors, and Wayne Hoglund, owner of Hoglund Bus Company, would like to further develop their propertiesi but under the current B-2 zoning, they are not allowed to expand. Chairperson Dan McConnon then opened the public hearing. Pat Townsend, owner of Monti Motors, commented that he would like the area rezoned to I-1, which is what this area was zoned when he purchased it in 1985. Chairperson Dan McConnon then closed the public hearing and opened the meeting for further input from the Planning Commission members. A motion was made Richard Carlson and seconded by Richard Martie to approve the zoning ordinance amendment calling for rezoning of the Thomas Park area from B-2 to I-1 uses. Motion is based on the finding that since the Thomas Park area is adjacent to an existing I-1 zone and because it is not likely that B-2 uses will occur at this siet, it was concluded that the proposed rezoning is consistent with the comprehensive plan, the geography and character of the area, and will not result in depreciation of adjoining land values. Motion carried unanimously. It is the Planning Commission's view that the proposed rezoning is consistent with the neighborhood. Rezoning this area will create a logical extension for the I-1 zoning district to the south. Furthermore, the property housing Fingerhut will not necessarily be devalued by the proposed zoning. The office building in place is consistent with the I-1 zone and will blend with I-1 uses. The proposed rezoning is also consistent with the comprehensive plan, which shows commercial and light industrial development in this area. Page 2 Planning Commission Minutes - 6/7/92 Public Hearinq--A conditional use request to allow open and outdoor storage and open and outdoor sales as an accessory use in an I-1 (_light industrial) zone. Applicant, Monticello Boat Works. AND 6. Public Hearinq--A variance request to allow an open and outdoor sales area to be more than the maximum 30% of the gross floor area of the principal use. Applicant, Monticello Boat Works. Jeff O'Neill reviewed Pat Townsend's (Monticello Boat Works) request to have outside storage and sales of boats, motors, trailers. He played a video tape of the site where Mr. Townsend proposes his outdoor storage and sales. The video also showed the land uses surrounding the site. O'Neill also highlighted the parking and landscaping requirements. Chairperson Dan McConnon then opened the public hearing. Pat Townsend, part owner of Monticello Boat Works, explained the problem he has had with growing trees on his property. Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. The discussion amongst Planning Commission members centered around the need for the screening and minimum tree planting requirements. A motion was made by Richard Martie and seconded by Richard Carlson to approve a conditional use permit allowing Monti Motors/Boat Works facility to operate in an I-1 zone and grant a variance to the requirement that the outside sales area shall not exceed 30% of the floor area of the principal use. Motion is based on the finding that the proposed use is consistent with the requirements set forth in the zoning ordinance and as such, the operation of the site will not result in the depreciation of adjoining land values, and it is consistent with the geography and character of the area. Motion to approve the conditional use permit is subject to the applicant meeting the requirements noted by the ordinance. Specifically, proper screening of the storage area from the right-of-way must be accomplished. In addition to meeting the requirements noted by ordinance, the Planning Commission adds the following conditionsi Page 3 Planning Commission Minutes - 6/2/92 1. Plant 11 trees of a size consistent with code or 6 trees and landscape plantings. 2. No boat sales or storage in stalls reserved for parking. 3. Stripe the parking lot. 4. No storage or repairs in unscreened areas --sales only --except the area in front of the overhead doors. Motion carried unanimously. 7. Public Hearinq--An ordinance amendment to Chapter 10-8 of the Monticello Zoninq Ordinance by including "governmental and public utility buildings" to be allowed as a conditional use in a PEN (performance zone mixed) zone. Applicant, City of Monticello Planninq Commission. Jeff O'Neill reviewed the background of the proposed ordinance amendment. John Simola, Public Works Director, explained the existing conditions around the Monticello Public Works facility. Chairperson Dan McConnon reflected on the comments made in the Monticello City Council minutes by Councilmember Dan Blonigen as to the Planning Commission having no reason to review the site plan. Mr. McConnon would like to make note in the June 2, 1992, Planninq Commission meeting minutes that the request was brought, appropriately, to the Planninq Commission for their review and their comments whether or not the Council agreed with them. It was his view that it was appropriate that the Planning Commission be involved in land use questions relating to the Public Works facility. Mr. Chris Holm, President of DKC Properties, asked when the conditional use request would be considered. It was stated that it would be considered in the following agenda item. Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission. There being no further input from the Planning Commission members, a motion was made by Richard Martie and seconded by Richard Carlson to approve an ordinance amendment which would allow "governmental and public utility buildings" to be allowed as a conditional use in a PEN zone. The motion is Page 4 Planning Commission Minutes - 6/2/92 based on the finding that the proposed conditional use and associated conditions are consistent with the purpose of the PZM zone. Allowing public buildings in the PZM zone will not tend to depreciate adjoining property values, and this type of use is consistent with the geography and character of the PZM zoning district. Voting in favor: Jon Bogart, Richard Carlson, Richard Martie, Dan McConnon. Opposed: Cindy Lemm. Public Hearinq--An ordinance amendment to Chapter 10-6 of the Monticello Zoninq Ordinance which identifies permitted uses in the PZM (performance zone mixed) zone by deletina or amendinq 10-6 M, "Those uses that exist prior to the adoption of this chapter." Applicant. City of Monticello Planninq Commission. Jeff O'Neill noted that the current language allows all uses In place prior to adoption of the PZM district regulations to operate in the PZM zone as a permitted use. This is problematic because it would allow Ruff Auto to operate as a permitted use, which would enable Ruff Auto to expand its operation anywhere In the PZM zone. The amendment would eliminate the language that identifies Ruff Auto and other nonconforming uses as permitted uses. Chairperson Dan McConnon then opened the public hearing. There being no comments from the public, Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. A motion was made by Jon Bogart and seconded by Richard Martie to approve an ordinance amendment abolishing Section 10-6 [C], "Those uses that exist prior to the adoption of this chapter." Motion is based on the finding that the current language is not consistent with the intent of the ordinance, as the literal interpretation of the language allows uses not consistent with the PZM zone purpose as permitted uses. Voting in favor: Jon Bogart, Richard Martie, Richard Carlson, Dan McConnon. Opposed: Cindy Lemur. Public Hearing --Consideration of granting a conditional use RemallowGa operation of a public utility facility in a PZM zone. Jeff O'Neill explained the changes that were made to the sketch plan previously reviewed by the Planning Commission. Page 5 Planning Commission Minutes - 6/2/92 Fuel Dispenslnq Tanks. Council felt that the tanks should remain in the proposed location. The area near the proposed fuel dispensing tanks will be screened with tree plantings and a security fence at or near the property line. Tree Requirement. The tree requirement for this site is 38 trees. There currently are 37 trees on the site, and 1 more tree is required. O'Neill then outlined the area where the proposed trees would be placed. C. Parking. At the present time, there is sufficient parking for each employee plus some additional parking. As part of the future phasing, existing parking will be removed and a new parking lot will be created. Chairperson Dan McConnon then opened the public hearing. Mr. Chris Holm, President of DRC Properties, stated his disgust with the proposed expansion of the Monticello Public Works facility. In his presentation, Holm highlighted several areas of concern such as improper notification to the public, screening, landscaping, and the overall appearance of the site as noted in the pictures he presented to Planning Commission members for their review. O'Neill noted that due to problems with the conditional use permit notice, formal consideration of the matter should be considered at a special meeting scheduled for June 19, 1992, at 6 p.m. A motion was made by Cindy Lemm and seconded by Jon Bogart to set a special meeting date for June 15, 1992, at 6 p.m., to consider granting a conditional use permit allowing operation of a public utility facility in a PZM zone. Motion carried unanimously. 10. Public Hearinq--A preliminary plat request entitled "Silver Fox" Commercial subdivision Lo subdivide an existinq 6.69 -acre tract of unplatted land. Applicant, Ed and Arlys Larson. Jeff O'Neill reviewed the preliminary plat request. The preliminary plat wasn't completed in time for this public hearing, and O'Neill requested that the Planning Commission table this item until the next regularly scheduled Planning Commission meeting. Page 6 Planning Commission Minutes - 6/2/92 A motion was made by Cindy Lemm and seconded by Richard Martie to table the preliminary plat request entitled "Silver Pox" Commercial Subdivision to subdivide an existing 6.69 -acre tract of unplatted land until the next regularly scheduled Planning Commission meeting of July 7, 1992, at 7 p.m. Motion carried unanimously. 11. Continued Public Hearino--A conditional use request to Section 20-2-C of the Monticello Zonino Ordinance which requires that a elanned unit develownent include an area of at least 3 acres. ADDlicant, Investors Tooether. AND 12. Continued Public Hearing --A replattinq request to subdivide Outlot A of the East View residential subdivision. ADDlicant, Investors Tooether. AND 13. Continued Public Hearinq--A conditional use request allowinq a townhouse development in an R-2 zone. ADDlicant. Investors Toqether. Jeff O'Neill explained that the developers are still working on the changes as proposed by City Engineer, Bret Weiss. Planning Commission members were uncomfortable with the work being incomplete. These items have been tabled for several meetings. A motion was made by Cindy Lemm and seconded by Richard Martie to table item 111, a conditional use request to Section 20-2-C of the Monticello Zoning Ordinance which requires that a planned unit development include an area of at least 3 acres= item 112, a replatting request to subdivide Outlot A of the East View residential subdivision= and item 113, a conditional use request allowing a townhouse development in an R-2 zone. Motion carried unanimously. Additional Information Items Public Hearing --A conditional use request to Section 20-2-C of the Monticello Zoning Ordinance which requires that a planned unit development Include an area of at least 3 acres. Applicant, Investors Together. Council actions No action required, as the request did not come before them. 2. Public Hearing --A replatting request to subdivide Outlot A of the East View residential subdivision. Applicant, Investors Together. Council actions No action required, as the request did not come before them. Page 7 Planning Commission Minutes - 6/2/92 3. Public Hearing --A conditional use request allowing a townhouse development in an R-2 zone. Applicant, Investors Together. Council action: No action required, as the request did not come before them. 4. Consideration of calling a. public hearing on rezoning the Thomas Park Drive area from B-2 to I-1 zoning district designation. Applicant, Monti Motors and Hoglund Bus Company. Council action: No action required, as the request did not come before them. S. Consideration of application for a home occupation permit. Applicant, John Zavodnick. Council action: Approved as per Planning Commission recommendation. 6. Review site plan for the public works facility expansion project, consider calling for a public hearing on amendments to Section 10-6 [C] and 10-8 of the Monticello Zoning Ordinance. Council actions Approved site plan review recommendation by Monticello Planning Commission with one exception --the location of the new fuel dispenser area to be left as is; approved calling for a public hearing as per Planning Commission recommendation. 7. Consideration of setting a special Planning Commission meeting date for June 22, 1992, 6 p.m. It was the consensus of the Planning Commission members to set a special meeting date for June 22, 1992, beginning at 6 p.m. S. Set the next regular meeting date for July 7, 1992, 7 p.m. It was the consensus of the Planning Commission members to set this as the next regular meeting date for the Planning Commission. 9. A motion was made by Cindy Lem and seconded by Richard Martie to adjourn the meeting. The meeting adjourned at 9133 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Page 6 MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday, June 22, 1992 - 6 p.m. i Members Present: Cindy Lemm, Richard Martie, Jon Bogart, and Richard Carlson Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 6:02 p.m. 2. Consideration of approving preliminary plat of the Battle Rapids subdivision. Applicant, Investors Toqether. Jeff O'Neill, Assistant Administrator, reviewed the background to the preliminary plat of the Battle Rapids residential subdivision. A. Grading and Drainage Plan. The developer's engineer to sign off on the retaining wall. B. Storm Sewer System. The storm sewer pipe oversizing and extension to the south property line is to be paid for by the City of Monticello. C. Townhouse Association. The agreement is forthcoming, as it is to be similar to the MacArlund Plaza Townhouse Association. It needs to be reviewed prior to final plat approval. D. Developers Agreement. Currently being finalized. It will include grading/ retaining wall performance bond. E. Park Dedication. Park dedication requirements have already been completed with the platting of the East View plat. F. Parkinq Area Screening. The parking area to the south is to be screened from the view of the Peterson property. The developers are to work with Mr. Peterson to come up with a parking area screen that is acceptable to both parties. Aeting Chairperson, Cindy Lomm, then opened tho public hearing. The developers are to post a bond to cover the costs of the site grading, retaining wall, and screening requirements. The retaining wall plans are to be signed off by an engineer. Acting Chairperson, Cindy Lamm, then closed the public hearing and asked for comments from the Planning Commission members. Page 1 9 Special Planning Commission Minutes - 6/22/92 There being no further comments from the Planning Commission members, a motion was made by Richard Martie and seconded by Richard Carlson to approve the preliminary plat contingent on the following: 1. The preliminary plat should be amended to include comments made by the City Engineer in his letter of June 10, 1992. The final plat shall not be granted until this item is complete. 2. The final plat will be contingent upon the completion of a development agreement which would include the developer providing a performance bond in an amount equal to complete phase I site improvements as defined by the City Engineer. 3. Final plat approval will be contingent upon preparation and recording of townhouse association bylaws. Bylaws must be consistent with the city ordinance governing planned unit development bylaws. 4. An easement allowing the owner of the adjacent property to the east to use the Battle Rapids drive area must be recorded along with the final plat. 5. Final plat approval is contingent on the developer paying City expenses in excess of the preliminary plat fee (amount not known at this time). Motion carried unanimously. 3. Consideration of a variance request allowinq development of a PUD (townhome development) containinq an area of less than 3 acres. Applicant, Investors Toqether. Jeff O'Neill, Assistant Administrator, explained that a planned unit development must contain at least 3 acres. The City Planner, David Licht, has recommended that the City grant the variance to this provision and also consider deleting this requirement from our ordinance. Acting Chairperson, Cindy Lemm, then opened the public hearing. There being no input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for discussion amongst Planning Commission members. There being no further discussion, a motion was made by Richard Martle and seconded by Jon Bogart to grant a variance which would allow development of a PUD consisting of an area leas than 3 acres and authorize City staff to prepare an amendment eliminating the requirement. Motion is based on the Page 2 O 3 Special Planning Commission Minutes - 6/22/92 finding that the variance is necessary to allow the use of the land for townhouse development under the provisions of the R-2 zoning district. The conditional use permit would be valid and the site plan would be consistent with City requirements. Motion carried unanimously. 4. Consideration of a conditional use permit request which would allow development of townhouses in an R-2 zone. ADDlicant, Investors Toqether. Jeff O'Neill, Assistant Administrator, explained that a conditional use permit is required in an R-2 (single and two- family residential) zone to allow development of more than eight townhouse units. The developers are proposing to build four separate townhouse buildings consisting of three 4 -unit buildings and one 2 -unit building. Townhouse development in the R-2 zone must meet the standards defined in the PUD requirement as follows: Comprehensive plan and sanitary sewer plan consistency, common open space, townhome association, staging of public and common open space, density, utilities, roadways, landscaping, urban development and availability of public service, townhouse, and setbacks. Acting Chairperson, Cindy Lemm, then opened the public hearing. There being no input from the public, she closed the public hearing and opened the meeting for discussion amongst Planning Commission members. There being no further discussion, a motion was made by Richard Martie and seconded by Jon Bogart to approve the conditional use permit application allowing a townhouse development in an R-2 zone subject to the following conditions: 1. A variance must be granted to the requirement that a PUD encompass an area of at least 3 acres. 2. The final plat must be approved and recorded, and all conditions associated with the final plat must be complete. Items relating to the final plat as noted in the previous agenda item are as follows: a. The preliminary plat should be amended to include comments made by the City Engineer in his letter of June 10, 1992. Final plat approval shall not be granted until this item is complete. b. Final plat approval will be contingent on completion of a development agreement which would include the developer providing a Pape 3 O Special Planning Commission Minutes - 6/22/92 performance bond in an amount equal to complete phase I site plan improvements as defined by the City Engineer. C. Final plat approval will be contingent on the preparation and recording of townhouse association bylaws. Bylaws must be consistent with the city ordinance governing planned unit development bylaws. d. An easement allowing the owner of the adjacent property to the east to use the Battle Rapids drive area must be recorded along with the final plat. e. Final plat approval is contingent on the developer paying City expenses in excess of the preliminary plat fee (amount not known at this time). The motion is based on the finding that a townhome development at this location is consistent with the comprehensive plan and regulations governing planned unit developments. The development is consistent with the character and associated land uses identified in the R-2 zone. The development will have direct access to a county road; therefore, traffic impact on adjoining R-1 uses will be minimized. Therefore, the development is consistent with the geography of the area. The need for this type of use has been sufficiently demonstrated. Motion carried unanimously. Acting Chairperson, Cindy Lemm, requested that items i9 and i6 be considered at the same time. She stated that she would listen to comments made during the public hearing of the upcoming agenda items but would not be voting due to a conflict of interest. 5. Consideration of a request to amend a condition of a previously -approved conditional use permit. Applicant„ Hillside Partnership/Sixth Street Annex. AND 6. Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant. Hillside Partnership/Sixth Street Annex. Jeff O'Neill, Assistant Administrator, reviewed the developer's request to amend a condition of their conditional use permit which was granted on August 12, 1991. The condition they would like amended is condition #1, which states that "the parking requirements are based on retail use of the structure only. Restaurant uses only allowed with an amendment to the conditional use permit." Page 4 O 3 Special Planning Commission Minutes - 6/22/92 The example that was used to determine the parking space shortage was as follows: A 4,000 sq ft restaurant with a 3,000 sq ft eating/dining area and 1,000 eq ft of kitchen/food preparation area would require a total of 88 off-street parking spaces. The 88 required restaurant parking spaces minus the 20 retail parking spaces already provided would create a variance of 68 off-street parking spaces. Acting Chairperson, Cindy Lemm, then opened the public hearing. Mr. Greg Mooney, part owner/developer of the Sixth Street Annex building, explained that the developers and realtors have received some requests for restaurant space. The requests have ranged from a 1,000 sq ft take-out restaurant to a 4,000 eq ft sit-down restaurant. The revised site plan shows some additional parking spaces but is still be short of the required number of off-street parking spaces. Mr. Mooney reminded Planning Commission members that they hope that the parking lot would be full at all times; but in all reality, there is a good chance that the parking lot would not be full during most hours of operation. The developers are proposing that the operation of the businesses within the Sixth Street Annex would be very similar to the operations of the Maus Foods store. Judy Fleming and Patty Olson of Edina Realty stated that some of the prospective tenants they have spoken with would be leasing space for a restaurant. It would most likely be a 2,500 sq ft sit-down restaurant rather than a 4,000 sq ft sit- down restaurant. The realtors requested that a cap be set on the maximum number of off-street parking spaces that they would be allowed to be short. A 2,500 sq ft restaurant would require a total of 55 off- street parking spaces, and a 4,000 eq ft restaurant would require a total of 88 off-street parking spaces. O'Neill suggested that City staff go back to the consulting planner and research other communities to see if parking requirements could be less with these types of businesses grouped in a common area. Our ordinance currently requires retail businesses to have one parking space per 200 eq ft of building area. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for further input from the Planning Commission members. Page 5 O Special Planning Commission Minutes - 6/22/92 Planning Commission members felt uneasy about the high deficit of off-street parking spaces with this proposal. It was their feeling that we should look to our consulting planner for options that might be available to the City prior to making a decision on this. Therefore, a motion was made by Richard Martie and seconded by Jon Bogart to table item t5, consideration of a request by Hillside Partnership/Sixth Street Annex to amend a condition of a previously -approved conditional use permit, and also to table item t6, consideration of a variance request by Hillside Partnership/ Sixth Street Annex to allow less than the minimum number of off-street parking spaces, until more information is received from the consulting planner, hopefully by the next regularly scheduled Planning Commission meeting on July 7, 1992, at 7 p.m. Voting in favor: Richard Martie, Richard Carlson, Jon Bogart. Abstaining: Cindy Lemm. 7. Consideration of a zoning ordinance amendment which would allow certain commercial buildings located in a PZM zone to qualify to follow sign requirements pertaininq to buildings in commercial zones. Applicant, Hillside Partnership. AND 8. Consideration of a conditional use request to allow a sign system for a buildinq with 3 or more business uses but which, by generally understood and accepted definitions, is not considered a shoppinq center or shoppinq mall. Applicant, Hillside Partnership. AND Consideration of a variance request to allow more than the 100 sq ft maximum wall sign square footage. Consideration of a variance request to afiow more than the 25 sq ft maximum pylon sign square footage, and to allow more than the maximum 16 -ft pylon siqn heiqht. Applicant, Hillside Partnership. Jeff O'Neill, Assistant Administrator, reviewed the proposed zoning ordinance amendment which would allow buildings in a PZM zone to qualify for the same sign requirements as in the B-2, B-3, B-4, I-1, and I-2 zoning districts. The sign options that are available in these zones are wall signs up to 300 eq ft in area or 20%, whichever is less, and a pylon sign with a maximum square footage of 25 sq ft and maximum height of 16 ft. Acting Chairperson, Cindy Lemm, then opened the public hearing. Judy Fleming and Patty Olson of Edina Realty indicated that there are Maple Grove business owners that are now seriously considering locating in Monticello and that we should amend our sign regulations to reflect the changes within the businesses as they exist today. Page 6 3 Special Planning Commission Minutes - 6/22/92 Acting Chairperson, Cindy Lamm, then closed the public hearing and asked for further comments from the Planning Commission members. Planning Commission members were very uncomfortable with amending the square footage and height requirements of the sign ordinance. A motion was made by Richard Martie and seconded by Jon Bogart to: A. amend the zoning ordinance to allow certain commercial buildings located in the PZM zone to qualify to follow sign requirements pertaining to buildings in commercial zones. The motion is based on the finding that the PZM zone is a transition area between commercial and residential uses. Allowing intensification of sign systems in the PZM zone along the perimeter of commercial areas is consistent with the purpose and is consistent with the geography and character of the area. The amendment as proposed will not result in proliferation of business signs within residential areas; B. approve the conditional use permit request subject to the revision of the sign plan to meet the requirements of the ordinance. Motion is based on the finding that the sign system as proposed is consistent with the requirements set forth by ordinance. The signs are oriented toward a commercial area and are away from residential areas; therefore, the sign system is consistent with the geography and character of the area; C. deny the variance request allowing both a pylon sign and a 300 eq ft sign area based on the finding that a hardship has not been demonstrated; therefore, to grant the variance would impair the intent of the ordinance and set a negative precedent; D. deny a 25 -ft variance to the sign area requirement and deny a 2 -ft variance to the sign height requirement. This motion is based on the finding that a hardship has not been demonstrated; therefore, to grant the variance would impair the intent of the ordinance and set a negative precedent. Voting in favor: Richard Martie, Jon Bogart, Richard Carlson. Abstaining: Cindy Lamm. Page 7 O Special Planning Commission Minutes - 6/22/92 Due to the topography of the area, there is little exposure of the proposed signage to any residential use. 10. A motion was made by Richard Martie and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 8 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Page 6 0 Planning Commission Agenda - 7/7/97 a. Public Nearing --Consideration of a zonina ordinance amendment which would eliminate the home occupation limitation that no other than persons residing on the Qremises shall be employed. AVplicant. Dave b Joan Thielman. (J.O.) A. REFERENCE AND BACKGROUND: This zoning ordinance amendment request stems from a home occupation permit application submitted by Dave and Joan Thielman. The Thielmans have nearly completed their new home at 710 Jerry Liefert Drive and wish to engage in a home occupation at this location that would include hiring of one part-time employee. They hope to hire an additional employee If the business grows. The Thielmans operate a music festival business from an 800 telephone number. Their clients call in for information on a particular destination. The Thielmans mail literature to them should they opt to participate in the festival. All arrangements are made via mail or telephona. No clients come to the office to conduct business. All communication between the numerous individuals who assist the Thielmans when conducting festivals throughout the country is accomplished through mail and telephone. The Thielmans propose to construct a red rock parking area on the opposite side of the house from the garage to be used for employee parking. They have also already constructed a sidewalk leading from the employee parking area directly to the entrance along the side of the home. REVIEW OF PROPOSAL IN TERNS OF ORDINANCE REQUIREMENTS Home Occupation "Employees" Conducting a home occupation utilizing employees appears to be a contradiction in terms. According to our zoning ordinance, "no other than persons residing on the premises shall be employed." The proposed zoning ordinance amendment would eliminate this provision, thereby allowing persons not residing on the premises to be employed in the home occupation. Home Occupation Site Plan/Entrance The ordinance states that "home occupations shall not require Internal or external alterations or involve construction features not customarily found In dwellings. The entrance to the space devoted to such occupations shall be within the building." Planning Commission Agenda - 7/7/91 It could be argued that the proposed home occupation site plan is not consistent with this requirement. This is because the site includes development of a secondary, unpaved parking area for use by employees only. In addition, a separate walkway extending from this secondary parking area directly into the office is also included. It could be argued that this type of site design is not consistent with what one would customarily find in a residential area; therefore, it is not consistent with the ordinance. This problem could be easily overcome by eliminating the secondary parking area and requiring that home occupation related parking be located on the driveway in front of the garage. Off -Street Parkinq Limit The ordinance states that no home occupation shall be permitted which results in or generates more traffic than one car for off-street parking at any one given point in time. Under the proposed zoning ordinance amendment, this requirement is intended to be the limiting factor that will limit how many employees can work at the site. If the home occupation needs more than one employee, then the additional employee will need to find transportation to the site and his or her presence there not be allowed to generate an additional Vehicle. The mayor purpose behind this ordinance requirement is to preserve the appearance of the site as a residence and not a commercial enterprise. CRITERIA FOR AMENDING THE ORDINANCE The zoning ordinance requires that the Planning Commission and City Council review zoning ordinance amendments in terms of the character and geography of the area affected, the comprehensive plan, the demonstrated need, and whether or not it will tend to depreciate the neighborhood affected by the zoning ordinance amendment. Character and GeograDhv of the Aroa Obviously, allowing numerous employees to work at a home occupation in a residential zone will result in an increase in traffic and generally a higher intensity of use which may not be consistent with the character and geography of residential areas. On the other hand, if the presence of one or two employees working at the site is virtually invisible to the neighborhood, then the zoning ordinance amendment will not result in an activity that is inconsistent with the character and geography of the residential area. Planning Commission Agenda - 7/7/92 Comprehensive Plan The comprehensive plan states on page 45 that "home occupations will be permitted provided such activities are conducted in a manner which assumes that evidence of such home occupation is not present." The language in the comprehensive plan captures the spirit of what the home occupation regulations are trying to accomplish, and that is to allow home occupations that are transparent to the neighborhood. Planning Commission and Council need to determine if the proposed ordinance amendment is consistent with this purpose outlined in the comprehensive plan. Demonstrated Need It appears that there is a general trend toward development of "cottage" industries that can operate out of the residence without a major impact on the residential character of the area. On the other hand, it could be argued that there are sufficient commercial lands and buildings available, and this type of use is better suited to a commercial area; therefore, the need has not been sufficiently demonstrated. Whether or Not the Use Will Tend to Depreciate Adioininq Property Values It could be argued that the current site plan that includes a separate entrance and a separate parking area for employees does not blend well with the residential character of the area; therefore, the proposed home occupation could tend to depreciate adjoining land values. On the other hand, if the side parking area is removed and only one vehicle associated with the home occupation is allowed to be parked at the site at any one time, it could be argued that the presence of the home occupation will be difficult to discern and, therefore, will not result In a depreciation in adjoining land values. B. ALTERNATIVE ACTIONS: 1. Notion to approve the proposed zoning ordinance amendment based on the finding that the amendment is consistent with the character and geography of the residential sones, the amendment is consistent with the comprehensive plan, the amendment will not result in a depreciation of adjoining values, and the need for the zoning ordinance amendment has been sufficiently demonstrated. Under this alternative, Planning Commission and Council aro comfortable with allowing employees that do not reside at the site to work at the site of a home occupation. Planning Commission Agenda - 7/7/92 Under this alternative, the number of employees working at the site is limited by the number of cars that could be allowed to be parked at the site at any one time. Planning Commission may wish to modify the proposed zoning ordinance amendment by limiting the number of employees working at the site to a specific number if it is not comfortable with relying solely on the parking requirement to control the total number of employees. Planning Commission should discuss the potential requirement that the site plan be modified by eliminating the separate entrance to the building for the employee and consider eliminating the separate drive area. These two features could tend to provide the appearance that the home is being used for business purposes, which is inconsistent with the spirit of the home occupation regulations. It is suggested that any approval of the zoning ordinance amendment be accompanied by a requirement that the site plan be modified by having all off-street parking on the driveway area associated with the residential use. The applicant should also be made aware that more than one employee can be allowed, but no more than one car is allowed. Obviously, a second employee would need to car pool with the first or must find an alternative method for getting to work. 2. Motion to deny the proposed zoning ordinance amendment based on the finding that the zoning ordinance amendment is not consistent with the character and geography of the residential area, Is not consistent with the comprehensive plan, the need for the zoning ordinance amendment has not been sufficiently demonstrated, and the proposed ordinance amendment could result in the depreciation of adjoining land values. Under this alternative, Planning Commission is not comfortable with eliminating the requirement that home occupations must be conducted by persons residing in the home only. It could be argued that allowing employees to work at home occupations in residential areas is not consistent with the purpose of a residential zone, which is to provide for residential land uses only. Hiring employees to work In a residential area is clearly a business use, which does not belong in a residential area no matter how transparent such activity is. The amendment could open the door to other home occupations using employees that may not be doeireable. Planning Commission Agenda - 7/7/92 Under this alternative, Planning Commission is not comfortable with the off-street parking requirement as the factor limiting employees working at the site and that allowing employees to work at the site will create additional traffic and would result, in the long term, in an activity that is not consistent with the character and geography of a residential area. Planning Commission could argue that allowing employees to work at the site will result in an outward appearance that the home is being used for something other than residential purposes, which is inconsistent with the policy outlined in the comprehensive plan. Finally, this motion could be based on the finding th-tt allowing employees to work in home occupations will result in intensification of the use of property in a quiet residential area and will result in negative impacts on adjoining properties, which will then result in a depreciation of adjoining land values. 3. Motion to table the proposed zoning ordinance amendment and call for a public hearing on development of new regulations governing home occupations. Under this proposal, the City would address the issue by completely revising the ordinance to allow certain home occupations to occur by "special permit." According to the City Planner, there are some cities that have two types of home occupations. The first type is one in which the home occupation is conducted in a manner completely consistent with the minimum requirements as noted by ordinance. Permits for these types of home occupations are Issued by City staff with no comment or review by the Planning Commission or City Council. The other type of home occupation is termed as home occupations issued by "special permit." These types of home occupations would be categorized as those that are somewhat unique but do not necessarily result in a negative impact on the adjoining properties if properly regulated. The Thielman home occupation, which would include employees, and, similarly, the Eavodnick home occupation recently reviewed would be included in this category. Both of these home occupations do not completely adhere to the minimum requirements of the ordinance; however, at the same time, their operation could be relatively transparent to the neighborhood. A provision in the ordinance could be added that would Planning Commission Agenda - 7/7/92 allow these types of home occupations to occur by special permit, which is essentially a conditional use permit for home occupations. Between now and meeting time, I will be collecting more information regarding this potential alternative. C. STAFF RECOMMENDATION: If Planning Commission is comfortable that the proposal, with site plan modifications, will not result in a negative impact and is not concerned about the precedent of allowing employees to work at the site of a home occupation, then alternative •3 should be selected. The beauty of creating a home occupation special permit category is that it would allow small deviations from the rules while limiting the impact of the precedent. Each home occupation needing a special permit would be reviewed on a case-by-case basis. For instance, in the Theilman case, a special permit allowing an employee to work at the site could be justified because there is no walk-in commercial traffic. On the other hand, let's say an in-home beauty shop would like an employee. A beauty shop, though eligible for a home occupation, could be denied a special permit allowing an employee because the beauty shop generates walk-in traffic. In other words, the special permit option allows the City to tailor conditions to preserve the residential character of the neighborhood while providing landowners more flexibility in the use of homes for business use. D. SUPPORTING DATA: Copy of proposed ordinance amendment; Home occupation application materials; Potential new regulations governing home occupations by "permitted" and "special" permit. PROPOSED ZONING ORDINANCE AMENDMENT PROPOSED ORDINANCE AMENDMENT INCLUDES ELIMINATION OF THE LANGUAGE OUTLINED IN BOLD/UNDERLINED TYPE: HOME OCCUPATION: Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling. Such activity shall be clearly incidental and secondary to the residential use of the premises. Permissible home occupations shall not include the conducting of a retail business other than by mail, manufacturing, retail business other than by mail, manufacturing, and no stock in trade shall be kept or sold. No other than Persons residing on the premises shall be employed, no mechanical equipment shall be employed that is not customarily found in the home, and no more than one (1) room may be devoted to home occupation use. Such home occupation shall not require internal or external alterations or involve construction features not customarily found in dwellings. The entrance to the space devoted to such occupations shall be within the dwelling. There shall be no exterior display, no exterior signs except as allowed in the sign regulations for the zoning district in which such home occupation is located. Identification signs indicating the presence of a home occupation are not allowed in any residential zone. There shall be no exterior storage of equipment or materials used in the home occupation. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point in time. Permissible home occupations include, but are not limited to, the following: art studio, dressmaking, special offices of a clergyman, lawyer, architect, engineer, accountant, beautician, or real estate agent or appraiser, when located in a dwelling unit occupied by the same; and teaching, with musical, dancing, and other instruction limited to one (1) pupil at one time. Operation of a home occupation as an accessory use of residential property first requires issuance of a home occupation permit from the City of Monticello. Home occupation permits shall be reviewed and renewed on an annual basis. Failure to operate home occupations in a manner consistent with the standards stated herein or failure to comply with building coeo or public nuisance regulations will result in withdrawal or non -renewal of home occupation permits. The cost of the permit shall be established by the City and subject to change from time to time. ADMINISTRATIVE PERMIT APPLICATION HONE OCCUPATION A home occupation administrative permit allows certain commercial use of residential land that is clearly incidental or secondary to the principal residential use of the property. The purpose of the permit process is to protect the value of residential property by assuring that commercial use of residential land is properly regulated and conducted in a manner consistent with rules governing the operation of home occupations. The information required with this application will assist the City in determining if the proposed home occupation and its manner of operation are consistent with rules governing operation of home occupations. APPLICANT INFORMATION i Il Name: IVP E 1Jrn, 1n Thi Minn Phone-Home/Business: / ''Y-4/ 'JWeVA Address: /."O'/Q VV , 1�� V( alt Zi . Business Name: ry �.v l (_�� I� NPW Location: A/Q �PVl1/ L,elPhf ►lr� �e� Application Date:/ Zoning District: 1. Please describe the proposed home occupation activity in general to ((�� 1 TIS(M NjiachMQAA) 2. Describe retail sales activity, if any. `VQAA_ 3. Describe manufacturing or repair activity proposed, if any. tNone' 4. Describe inventory to be kept on the premises, if any. Now-, S. will any person other than those residing on the premises be employed in the hom occupation? If so, p ease dQecribe. YiQ, QLAAO ", .•tlLI. C7v.a pd� �A`,n9.• L��'' • I:Ai �41p/.i� . ��lp. �J,��u..,,•ry'��aJ'J. u���.�K�i,.p4-- -4�� F�� �' `~ r•Uy O-�<�..i.X`,•i�.J Qv�J lTv�4. O'C%�v 6.wv� ll any mechanical equipment be used in conjunction with the home occupation not customarily found in the home? If so, ploaso describe. }A0NA 7. Howny rooms will NO devoted to the home occupatio use? }- UrQ-4j'j we".94— . o•• -.►a bu.� Arw�:.�-...,7, (/y,��,/� HONEOCC.APP: 6/8/92 Page 1 V' 8. Will the home occupation require internal or external alterations or involve construction? If so, please describe. Nrnk�_) 9. Where will the entrance to the space dev ted to the home occupation be located? r{V v'_Q_• UJI �� b1L, o�t - / C! V(1+�.) � � c' dv J a t Cq 10. Pldas�d descrlbe�signage proposed. Please note that home occupations in residential districts prohibit signage. 11. Will the home occupation result in outside storage of equipment or materials used in conjunction with the home occupation? If so, please desFr,�be. N a* -Q-•. 12. Is there sufficient hard surface off-street parking available for one car? Will the home occupation result in more than one customer'g car being parked on the prezpLses at any given olnt in time? %4Q. Reviewed V o J"o'o'J• ��44i;I the regulations associated with op rA ation of a home occupation, and I have reviewed City staff comments. I do hereby agree to abide by all City of Monticello home o cupet4on regqlations. APPLICANT SIGNATURE 1/11/111f 111111.111/111111/1111111111111111111111111111111111/11/11/1/111• CITY STAFF COMMENTS Building Inspector; Public Works Director; Assistant City Administrator: It has been determined by staff that an administrative permit should be approved/denied with the following conditions: RENEWAL: Providing that the use for which the permit is granted remains In conformance with the terms and intent of the ordinance, the permit shall be automatically renewed each year during the month of January. PEE: $1O RECEIPT 1 �s a '� PILE 1 HONEOCC.APP: 6/8/92 Page 2 (9 We operate a music festival business from an 800 telephone number. Our clients call in for information on a particular destination. We mail our literature to them. should they opt to participate in our festival, all arrangements are made via mail or telephone. We are a transparent business in our neighborhood. We do not have a tangible product. No salespeople call on us. Absolutely no clients come to our office to conduct business. We have numerous individuals who assist us with conducting our festivals throughout the country in April and May. These Individuals do not come to the office for their instructions. They are informed via mail and phone. r J! 1 L- 1-92 W E D 9: 0 1 O F . 0 2 ?o1-'vJ-n 4L &au L Nis ubd. Enforcem The Buil official �.shal.l,'h.av: t uthosit order the at ing of anyll rovement vities, when where a vie ion of t provision f this Secti has been o cially d anted by t uilding Offi SEC. 11.22. HOME OCCUPATIONS. Subd. 1. Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupa- tions may be allowed through an administrative process rather than a legislative hearing process. Subd. 2. Application. Subject to the non- conforming use provision of this Section, all occupations conducted in the home shall comply with the provisions of this Section. This Section shell not be construed, however, to apply to home occupations accessory to farming. Subd. 3. Procedures and Permits. A. Permitted Biome Occupation. Any permitted home occupation as defined in this Chapter shall require a "permitted home occuation permit". Such permits shall be issued subject to t?e conditions of this Section, other applicable City Code provisions and State law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this Section. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by the Council. If the Administrator denies a permitted home occupation permit to an applicant, the applicant may eypeal the decision to the Hoard of Adjustment and Appeals, which shall make the final decision. The permit shall remain in force and effect until such time as there hes been a change in conditions or until such time as the provisions of this Section have been reached. At such time as the City hes reason to believe that either event has token placer a public heating shall be held before the Planning Commisaton. The Council shall make a final decision on whether or not the permit holder Is entitled to the permit. B. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall O J U L- 1_9M W E D 9: 0 1 0 F_ O 3 S 11.22 require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the provisions of Section 11.07 of this Chapter. C. Declaration of Conditions. The Planning Commission and the Council may impose such conditions of the granting of a "special home occupation permit" as may be necessary to carry out the purpose and provisions of this Section. D. Effect of Permit. A "special home occupation permit" may be issued fora period of one (1) year after which the permit may be reissued for periods of up to three (3) years each. each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit. X. Transferability. Permits .shall not run with the land and shall not be transferable. B. Lapse of Special Home Occupation Permit by Non-use. whenever within one (1) year after granting a permit, the use as permitted by the permit ,shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expira- tion of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the Council for a decision. G. Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for apermit affecting substantially the same property shall not be considered again by the Planning Commission or Council for at least six (6) morlthe from the date of its denial unless a decision to reconsider such matter is made by not lose than Lour -fifths (4/5) vote of the full Council. H. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortised over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit hes been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of O a permit. J! l L- 1-92 W E D 9: 0 2 0 P. 04 $ 11.12 Subd. 4. Requirement; General provisions. All horse occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. A. General Provisions. 1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3. Any home occupation shall be clearly Incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or dieturbance to the surrounding residential does. 4. No home occupation shall require internal or external alterations or involvg construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. S. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6. The home occupation shall meet all applicable fire and building codes. 7. There shall be no exterior dis lay or exterior signs or interior display or interior oigns which are visible from outside the dwelling with the excep- tion of directional and identification/business signs to the extent authorised by the provisions of the City Code relating to signs. S. All home occupations shall comply with the provisions of the City Coda. 9. No home occupation shall be conducted between the hours of 10:00 P.M. and 7t00 A.M. unless said occupation is contained entirely within the principal building and will not require any on -street parking facilitioo. B. Require mental Permitted Home occupations. 1. No person other than those who customarily reside on the premises shall be employed. 2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in accessory building. _11JL - 1 -92 W E D G. :03 0 P . 0 -5 S 11.22 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen (15) feet from the curb line or edge of paved surface. 4. Permitted home occupations include and are limited to: art studio, dressmaking, secretarial services, family day care, foster care, professional offices and teaching with musical, dancing and other instructions which consist of no more then one pupil at a time and similar uses. 5. The home occupation shall not involve any of the following: repair service or manufactur- ing which requires equipment other than found in a dwellings teaching which customarily consists of more than one pupil at a timei over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet. �.� C. Requirements; Special Home Occupation. 1. No person other than a resident shall conduct the home occupation, except where the -� applicant can satisfactorily prove unusual or unique i` conditions or need for non-resident assistance and that this exception would not compromise the intent of this Chapter. 2. Examples of special home occupations includes barber and beauty services, day care -group nursery, photography studio, group lessons, saw sharpening, small appliances and small engine repair and the like. 3. The home occupation may involve any of the following: stook -in -trade incidental to the perfor- mance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. 4. Special home occupations may be allowed to accommodate their parking demand through utiliza- tion of on -street parking. In such case where on-atreet parking facilities ace necessary, however, the Council shall maintain the right to establish the maximum number of on- otrest spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. Bubd. 5. Non -Conforming Use. Existing home occupations lawfully existing on the effective date Of this Chapter may continue as non -conforming uses. They shall, however, be required to obtain permits for their continued opperation. Any existing home occupation that is diecon- tinued for a period oP more than 160 days, or is in 0 JUL- 1-92 W E D 9: e- 4 O P . or. S 11.22 ` violation of the provisions of this Chapter under which it was initially established, shall be brought into conformity with the provisions of this Section. Subd. 6. Inspection. The City hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. SEC. .23. DAY NURSERY P ILITISS. Subd. 1 Purpose. a regul on of y care nu ery facil as in th zoning egulati s is e ablish st ards and p adures b ich da are fac ies can b conducted hin the y with jeopar kin the hes , safety d gener welfare f the d car partic anis and/ the su unding ighborho Thi Beet n establis a the Ci a minima requirem ts�for t e d as lishment a day rs facili which a not defin a permitte uses by ate Statu or which re operated in sea othe than si a famil omes. D care tacilit es other t n those a ined p itted us by State Statu as which perste a singl amily dw Ing as an access ry use all be ubject t action 1 2 of this Chapter pr eased a a home upation. Subd. Applicat n. Day care nurse fac!li- ties all be sidered a ermitted conditions use within all a korai g�iatricte !the City and ehal a subject to th regulayi�ons and r uirements of Secti 11.07 of ,his apter. / n add it i to the City regul on, all day :are tacilit operatio shall comply with a minimum require- ments/6f the Mi sota Department of elfare regulations, as maybe amended bd. 3. Declared of Conditions. a Planning Commiss n and Council m impose such co tions on the granti of a day care acility conditi use perm!;: as may necessery to ry out the pua and provision, of th Section. Sub d. Site P1 n�Drawing Necessary. -A1*1 applicatio for a day sate cility conditional usplpermit shall b ccompanied b site plan drawn to cala and dimen nod displayin hs information requi by Section 11. of this Chapter Subd. General Provision Day care eilitie2 shall be olio d as a principal as an ac Gory roe, provided t t the day care oil ties at all the applicable rovisions of this ction. Planning Commission Agenda - 7/7/92 s. Public Nearinq--A preliminary plat revuest to subdivide an unplatted tract of land into an industrial subdivision plat. Applicant. Brad and Mary Baraer. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Dennis Taylor, Taylor Land Surveyors, has indicated he would be unable to complete the preliminary plat requirements for the Barger's industrial subdivision plat by the July 7, 1992, meeting. The information will be available to the Monticello City staff in ample time prior to a requested special meeting date. A special meeting has been tentatively scheduled for July 27, 1992, at 6 p.m. Planning Commission Agenda - 7/7/92 6. Continued Public Hearina--Cons ideration of a reauest to amend a condition of the previously-aDQroved conditional use permit. ADDlicant. Hillside PartnershiD/Sixth Street Annex. AND 7. Continued Public Hearina--Consideration of a variance reauest to allow less than the minimum off-street parkinq spaces. !B2plicant. Hillside PartnershiD/Sixth Street Annex. (J.O.) STAFF UPDATE: Steve Grittman of Northwest Associated Consultants has nearly completed his review of the 6th Street Annex site plan in terms of impact on parking created by a 2,500 sq ft restaurant. It is expected that a complete report will be delivered to you on Monday. Here is a quick preview of his report. It appears that Monticello's parking requirement is reasonable when compared to industry standards. According to Grittman, the City does not have unreasonable parking requirements. In order to allow the 2,500 sq ft restaurant space, Grittman will likely propose that additional parking be created at the site, perhaps in the extreme southwest corner of the site just south of the access drive onto Cedar Street. AS another alternative, the City could consider amending the conditional use permit to allow a restaurant with a seating capacity of 140 seats. Under this scenario, the intensity or impact of the restaurant use would not be regulated by limiting restaurant square footage. No additional parking would be required if the restaurant is limited to 140 seats. The notes above are based on phone conversations with Steve Grittman. A full report with alternatives pertaining to the requested amendment to the conditional use permit and the parking variance will be delivered on Monday. s ru •Pl�..,.4 D'4A A/ter.-�.w i GoP.t. f•c-'�.�al Sic<z SGvtl Ad 1 n /4 lQe<,lrco p�4 60/0—) . J -, -,F;,-/ -?f 7/G/^Y Rubl4c—Hearing: Consideration of a request to amend a condition of the previously approved conditional use permit. Applicant, Hillside Partnership/Sixth Street Annex. (� �! PublIt-Heari'dg: Consideration of a variance request to allow L less than the minimum off-street parking spaces. Hillside Partnership/Sixth Street Annex. A. INFORMATION/BACKGROUND ` L On July 22, 1992, the Plann.l.wg- Comm ssion conducted a public hearing on the two items above and ale ted to table both matters pending comments from a City Planner. lso at the meeting of the 22nd, the applicant reduced the request or restaurant space from 4,000 square feet to 2,500 square feet. The restaurant area or 2,500 square feet represents 9.6 percent of the available commercial space within the 6th street annex. Please read the yPlanner's report before reading on. a' B. ALTERNATIVES 1. Motion to approve amendment to CUP allowing restaurant at the site contingent on the following. a. Limit the restaurant area to 2,500 square feet. b. Create 16 additional parking stalls on the site Amendments to the existing approved plan that are made to accommodate additional parking stalls must be reviewed and approved by the City. This alternative based on the finding that the proposed addition of a small restaurant to the site is Incidental and consistent with the retail activities occurring at the site.The additional traffic created by the restaurant activity will not exceed the capacity of the roads or parking lot serving the site. Under this alternative, no variances to the parking stall requirement would be necessary. Ten of the additional parking spaces would likely be created along the southern boundary of the property between the retaining wall and the driveway access to Cedar Street. The remaining 8 spaces could be developed as angle parking along the northern boundary of the site plan. The curb line now in place io 20' from the property line. Directly behind the curb is a fairly steep slope to the bottozj,o f the rail road ditch. The revised plan would move the curb ib' closer to the property line and due to the existing slope, a eign4icant amount of fill material would be needed. Moving the curb Ye' closer to the property line say have an impact on the line of spruce treed that are earmarked for planting along the northern boundary of the property. (�` '. 1 ` ') jla `��� Co .n..�1. -. &.# v��} arl..f 4, c li<tro/ ✓/ bCc0..+f1 't dof4 r.41 A�fao {tn S, �/ '�O r4evt/0f .4;.,O:a_l �,; c. ik•� nF tom.:, /occ.S:w. y I y:aid /ancht l/ 2. Motion to approve amendment to CUP allowing restaurant at the site contingent on the following. Total restaurant square footage and associated parking demand shall not exceed parking stall capacity. Pac.a.T - ,*+ .i ; This alternative based on the finding that the proposed addition of a small restaurant to the site is incidental and consistent with the retail activities occurring at the site The additional traffic created by the restaurant activity will not exceed the capacity of the roads or parking lot serving the site. Under this alternative, the Planning Commission encourages the applicant to work the numbers backwards. The total restaurant space under this alternative is defined by the number of surplus or extra parking spaces that are available or can be created. For y� example, if the applicant is able to develop 10 additional parking ��space�,, then this number, when added to the existing surplus (13) would permit a restaurant of approximately 1,900 square feet. No variances would be needed under this alternative However the restaurant would be 1,900 square feet versus 2,500 square feet. Motion to approve amendment to CUP allowing 2,500 square foot restaurant at the site and grant a variance allowing a commercial retail alto with less than the required number of parking stall. Under this alternative, the Planning Commission would allow the restaurant as proposed (2,500 square feet) but would not require that the full amount of additional parking be created to off -set the deficit. This alternative may be difficult to justify as there is no hardship or unique circumstances that justify granting of the variance. Granting a variance in this case would appear to impair the intent of the ordinance. The variance could also result in on - street parking and subsequent traffic congestion. 4. Motion to deny CUP amendment and deny variances based on the finding that the additional traffic created by the restaurant use will exceed the capacity of the roadways and parking areas serving the site. This alternative could be selected if the applicant is unwilling to p meet the requirements outlined under one or two above. C. STAFF RECOMMENDATION lel PlIV'11 Staff recommends alternative on*-" two. Beth alternatives result*, In maintaining the integrity of the zoning ordinance while providing the developer with the opportunity to develop a r&lajj �le1V —^-w^ " reotaurant at the site. C 51b,, a(—S C.den Slr.t�. Wt o,. Ca A L- f ` o_ C.e..+---AA' - o f r ia.. fl.dt fbF1 ea lo.., Iwo !..•. �/r,l(. j a .dd.t:.•� fir..✓ (.Qt (o -id fn.f/ 2 fa(.� h�an,✓ 61, /..t.,.4.1 .v.-✓.,�.__._ w dr.:N)u;.,..e$ jul -- 6-9= MON 14 1 O P..c 1.2 IryA Northwest Associated Consultants, Inc., C U R E A N PLANNING • DESIGN . MAR R e T R E E IIA R C N MEMORaiNDIUM TO: Jeff O'Neill FROM: Stephen Grictmaa DATE: 6 July 1992 &E: Monticello • Shopping Center parking FILE N0: 191.07 . 92.04 This report is intended to summarize our discussions regarding parking requirements in a shopping center. At a parkin requirement of 126 spaces, the existing plan shows 139, an excess of 13 spaces. If you convert a portion of this center from retail to restaurant, you will increase the parking demand an the site. Following are some general comments to keep in mind: o we use a 131 ratio for calculating restaurant space without knowing the floor plan. This means a 2,800 square feet reotaurant would be 1,250 square feet kitchen and equal dining. Such a restaurant would require 42 spaces, but they eliminate li spaces required for the retail. This is a net increased requirement of 31, 13 of which exist on the site as excess. Thus, you might expect an increase in parking supply of at least 1S spaces to accommodate this restaurant. o A 4,000 square foot restaurant would require 68 spaces, replace 18 retail spaces for a net of a 50 space increase. Subtract the 18 excess and the required new Supply is 37. o Shopping centers are sometimes given a parking reduction credit for joint use. However, mazy smaller centers peak during the day, as do their restaurazte during lunch. Thus, the joint use concept, assuming differing peak periods, may not be valid. Wo recommend caution in this area. o The south aide of the center some to have adequate area for substantial head -in parking off of the drive aisle. Due to 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 53416 • (612) 595-9636•Fax. 595.9637 JUL.- 6-92 M O N 14:!51 O P- 0:3 the fact that this is the only entrance drive, this is not the best location for a lot of new parking. To accommodate this you might consider adding spaces between the retaining wall and the driveway access, keeping a 40 foot setback to minimize congestion. Once you arrive at an acceptable parking supply, you may allow change in the arrangement of the restaurant as long as they do not exceed a certain number of seats. Thus if the restaurant space is remodeled or changed to a dif!erent operator, you need not require a new CVP if the seat count is not increased. In fact, you may allow as much area as desired if the seat count stays constant. We would not recommend altering your parking requirements for restaurants. They have proven to be reasonably accurate predictors in most situatioae, and they are in line with several other standards we checked. o As a final consideration, you may wish to `work backward* to assign restaurant square footage. For instance, if you assume an additional 10 new spaces, added to the existing 13 space surplus, you can show a supply of 23 spaces. This would permit a restaurant of approximately 1,900 spare feet, 950 square feet each of kitchen and restaurant. This requires 32 spaces, leas 9 which would have been required for retail, a net increase of 23, which is equal to the new supply. This restaurant space would be expected to be able to seat approximately 72 people. .JUL— F• J •i ,•,l `i•.�w. '!-,£iY 1 i '! f ><'Il,t } �!, gr.,.s,e t.. s+a., Iy � qc � I r `�. � I I Y I ,I I_ . _. 'a I' i •I 1 !� I{+ i ''� 1 �J.KI .Y T• f.1�►.vT ry1�.,.,. t ��' �t I��. I ,••.teI . r-_, . ,{ .t SAN 7&fo . 140 P•., r.e l ti .cam V/ �` � • ` , �! ,,�' �e i 0; coo IL MAUS ?96f `'� _.._..—•--••—.•—.—.•—•-- � � ----• J .,.•—•.—.•—•--•-- }7ess� 6le A �� I• 17edCi� ��l,11 Aj ypi —.100is oe _wan m.• � �� \ pslk�� a<<4 '\ i•�. I:�t:.imf _��I PatC11 FJ1Ck0011 Af0090DU16 I I .■ I 1 I A ►RO►O{ID CIIAN CIMIIR A'�O��A '�1 '1•SL� MOMllCluo, WMWI{OIA rF '_�-?t 71617} Public Hearing: Consideration of a request to amend a condition of the previously approved conditional use permit. Applicant, Hillside Partnership/ Sixth Street Annex. Public Hearing: Consideration of a variance request to allow less than the minimum off-street parking spaces. Hillside Partnership/Sixth Street Annex. A. INFORMATION/BACKGROUND On July 22, 1992, the Planning Commission conducted a public hearing on the two items above and elected to table both matters pending comments from a City Planner. Also at the meeting of the 22nd, the applicant reduces the request for restaurant space from 6,000 square feet to 2,500 square feet. The restaurant area or 2,500 square feet represents 9.6 percent of the available commercial space within the 6th street annex. Please read the Planner's report before reading on. ALTERNATIVES Motion to approve amendment to CUP allowing restaurant at the site contingent on the following. Limit the restaurant area to 2,500 square feet. b. Create 18 additional parking stalls on the site Amendments to the existing approved plan that are made to accommodate additional parking stake must be reviewed and approved by the City. This alternative based on the finding that the proposed addition of a small restaurant to the site is incidental and consistent with the retail activities occurring at the site.The additional traffic created by the restaurant activity will not exceed the capacity of the roads or parking lot serving the site. Under this alternative, no variances to the parking stall requirement would be necessary. Ten of the additional parking spaces would likely be created along the southern boundary of the property between the retaining wall and the driveway access to Ceder Street. The remaining 8 spaces could be developed as angle parking along the northern boundary of the site plan. The curb line now in place is 20' from the property line. Directly behind the curb is a fairly steep slope to the bottom of the rail road ditch. The revised plan would move the curb 10' closer to the property line and due to the existing elope, a significant amount of fill material would be needed. Moving the curb 10' closer to the property line may have an Impact on the line of spruce trees that are earmarked for planting along the northern boundary of the property. Motion to approve amendment to CUP allowing restaurant at the site contingent on the following. Total restaurant square footage and associated parking demand shall not exceed parking stall capacity. This alternative based on the finding that the proposed addition of a small restaurant to the site is incidental and consistent with the retail activities occurring at the site The additional traffic created by the restaurant activity will not exceed the capacity of the roads or parking lot serving the site. Under this alternative, the Planning Commission encourages the applicant to work the numbers backwards. The total restaurant space under this alternative is defined by the number of surplus or extra parking spaces that are available or can be created. For example, if the applicant is able to develop 10 additional parking spaces, then this number, when added to the existing surplus (13) would permit a restaurant of approximately 1,900 square feet. No variances would be needed under this alternative However the restaurant would be 1,900 square feet versus 2,800 square feet. 3. Motion to approve amendment to CUP allowing 2,500 square foot restaurant at the site and grant a variance allowing a commercial retail site with less than the required number of parking stall. Under this alternative, the Planning Commission would allow the restaurant as proposed (2,800 square feet) but would not require that the full amount of additional parking be created to off -set the deficit. This alternative may be difficult to justify as there Is no hardship or unique circumstances that justify granting of the variance. Granting a variance in this case would appear to impair the intent of the ordinance. The variance could also result In on - street parking and subsequent traffic congestion. Motion to deny CUP amendment and deny variances based on the finding that the additional traffic created by the restaurant use will exceed the capacity of the roadways and parking areas serving the site. This alternative could be selected if the applicant Is unwilling to meet the requirements outlined under one or two above. STAFF RECOMMENDATION Staff recommends alternative one or two. Both alternatives result In maintaining the integrity of the zoning ordinance while providing the developer with the opportunity to develop a relatively small restaurant at the site. JUL— 6-9^. MON 1 4:-Z 1 O P. Q= tryA Northwest Associated Consultants, Inc. C U R B A N PLANNING- 09101 GN . M A R K e T MESRARCN MM+IORANDUM TO: Jeff O'Neill PROM: Stephen Grittman DATE: 6 July 1992 AE: Monticello - Shopping center parking PILE N0: 191.07 - 92.04 This report is intended to summarize our discussions regarding parking requirements in a shopping center. At a parking requirement of 126 spaces, the existing plan shows 139, an excess of 13 spaces. If you convert a portion of this center from retail to restaurant, you will increase the parking demand on the site. Following are some general comments to keep in mind: o we use a 1:1 ratio for calculating restaurant space without knowing the floor plan. This means a 2,800 square feet restaurant would be 1,250 square feet kitchen and equal dining. Such a restaurant would require 42 spaces, but they eliminate 11 spaces required for the retail. This is a net increased requirement of 11, 13 of which exist on the site as excess. Thus, you might expect an increase in parking supply of at least 18 spaces to accommodate this restaurant. o A 4,000 square toot restaurant would require 6e spaces, replace le retail spaces for a net of a 50 space Increase. Subtract the 13 excess and the required new supply is 37. o Shopping centers are sometimes given a parking reduction credit for joint use. However, many smaller centers peak during the day, as do their restaurants during lurch. Thus, the joint use concept, assuming differing peak periods, may not be valid. We recommend caution in this area. o The south side of the center some to have adequate area for substantial head -in parking off of the drive aisle. Due to 6775 Wayteta Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595 -9836 -Fax. 595.9837 J U L- 6-92 M O N 14:!51 O P . 0:3 the fact that this is the only entrance drive, this is not the beat location for a lot of new parking. To accommodate this you might consider adding spaces between the retaining wall and the driveway access, keeping a 40 foot setback to minimize congestion. Once you arrive at an acceptable parking supply, you may allow change in the arrangement of the restaurant as long as they do not exceed a certain number of seats. Thus if the restaurant space is remodeled or changed to a different operator, you need not require a new CUP if the seat count is not increased. In fact, you may allow as much area as desired if the seat count stays constant. o we would not recommend altering your parking requirements for restaurants. They have proven to be reasonably accurate predictors in most situations, and they are in line with several other standards we checked. o As a final consideration, you may wish to 'work backward* to assign restaurant square footage. For instance, if you assume an additional 10 new spaces, added to the existing 13 space surplus, you can show a supply of 23 spaces. This would permit a restaurant of approximately 1,900 square feet, 950 :quare feet each of kitchen and restaurant. This requires 32 spaces, less 9 which would have been required for retail, a net increase of 73, which is equal to the new supply. This restaurant space would be expected to be able to seat approximately 72 people. �r 11L - 5 -?2 M 111 1 4 _ _ 0 lit. 'E� 't, k • �� � I � l I, .�. � 'I � l�,.t �' � •11� � �t y ', 2souu .i rr. C..reat �....,,, lit VNI .• a coo L• i� �,.�:.�. �0.4 � S Planning Commission Agenda - 7/7/92 s. Continued Public Rearing --A preliminary Dlat request entitled "Silver Fox• commercial subdivision to subdivide an existinq 6.69 -acre tract of unDlatted land. ADDlicant. Ed and Arles Larson. (G.A.) A. REFERENCE AND BACKGROUND: City staff has not had ample time to review the revisions submitted on the preliminary plat for the Silver Fox commercial subdivision. The applicants are requesting that the public hearing be continued to the next regularly scheduled meeting on August 4, 1992, at 7 p.m. c