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Planning Commission Agenda Packet 10-07-1992;T-1 AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, October 7. 1992.7 pm. Members: Cindy Lemm, Richard Carlson, Richard Martie, Jon Bogart 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the regular meeting held August 4, 1992. 7:04 pm 3. Public Hearing --Consideration of a variance request to allow an addition to be built onto an existing garage within the side yard setback requirement. Applicant, Gordon Steinert. 7:17 pm 4. Public Hearing --Consideration of rezoning West Side Market/Conoco property from R -I (single family residential) to B- 1 (neighborhood business). Applicant, Tom Holthaus and Matt Holker/West Side Market. 7:37 pm b. Public Hearing --Consideration of granting a conditional use permit which would allow operation of a convenience store in a B-1 zone. Applicant, Tom Holthaus and Matt Holker/West Side Market. 7:57 pm 6. Public Hearing --Consideration of a variance request allowing sign area in excess of the maximum allowed. Consideration of a variance to the sign setback along a public right-of-way. Applicant, Monticello -Big Lake Community Hospital. 8:17 pm 7. Continued Public Hearing --Consideration of a request to amend a condition of a previously -approved conditional use permit which would allow operation of a restaurant/arcade establishment. Applicant, Hillside Partnership. 8:47 pm 8. Consideration of calling for a public hearing on a zoning ordinance amendment to Section 22.1 IJ], which would allow the City Council to consider a conditional use permit request or zoning ordinance amendment request at a special meeting of the City Council. Applicant, City of Monticello. W.O. verbal report) 8:57 pm 9. Planning Commission applicant interviews --postponed. Few applications received. Will leave position open. Planning Commission Agenda October 7, 1992 Page 2 Additional Information Items 9:41 pm 1. A variance request to allow construction of a building within the front yard setback requirements. Applicant, Northern Natural Gas Company. Council action: Approved as per Planning Commission recommendation. 9:43 pm 2. A variance request to allow an apartment building to be constructed in the rear yard setback requirement. Applicant, David Hornig. Council action: Approved as per Planning Commission recommendation. 9:45 pm 3. A variance request to allow a building wall to have more than the minimum 50% wall coverage of a metal or fiberglass finish. Applicant, Brad and Mary Barger. Council action: Approved as per Planning Commission recommendation. 9:47 pm 4. Consideration of a preliminary plat request for a commercial subdivision plat. Applicant, Barry Fluth/Monticello Mall. Council action: Approved as per Planning Commission recommendation. 9:49 pm b. Consideration of approval of a preliminary plat of the Silver Fox Subdivision. Applicant, Ed and Arlys Larson. Council action: Approved as per Planning Commission recommendation. 9:51 pm 6. Set the next tentative date for the Monticello Planning Commission meeting for Wednesday, November 4, 1992, 7 p.m. 9:63 pm 7. Adjournment. MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday, September 28, 1992 - 6 p m. Members Present: Richard Martie, Jon Bogart, Cindy Lemm, Richard Carlson Members Absent: None 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 6 p.m. 2. Public Hearino.--Cnnsideration of an amendment to a conditional use permit allowine a restaurantlamusement center facility. Applicant, Hillside Partnership. Jeff O'Neill, Assistant Administrator, explained that the applicant and City staff need additional time to review the parking requirements associated with development of a restaurant/arcade. A firm recommendation is not available; therefore, the applicant, Peter Norgren, and staff have mutually agreed to request that the Planning Commission open the public hearing this evening and then continue the matter to the regular meeting scheduled for Wednesday, October 7, at 7 p.m. O'Neill also informed the Planning Commission that the owner of the restaurant/amusement center facility is here, and we might want to hear his proposed use of the facility. Acting Chairperson, Cindy Lemm, then opened the public hearing. Patty Olsen, realtor with Edina Realty, reviewed with the Planning Commission the proposed use of the property and how it would be beneficial for all parties involved to sit down in an informal meeting and determine the amount of parking spaces that are required. She shared her findings after calling other communities regarding the number of parking spaces that are required for this type of facility. Judy Leming, partner of Hillside Partnership and realtor with Edina Realty, introduced Mr. Peter Norgren, part owner of P.J.'s Pizza Parlor. Mr. Norgren asked if lie could give a short presentation on the proposed use of the 4,500 sq ft space which he is proposing to lease in the 6th Street Annex. Mr. Norgren indicated the proposed use of this facility is similar to the "Chuck E Cheese" restaurant/umusement center facility in St, Cloud, Minnesota, and also similar to the "Circus, Circus" amusement center facilities located in the metro area. Page I Special Planning Commission Minutes - 9/28/92 Mr. Norgren highlighted that the focus of his business marketing pian is young -> families. The P.J.'s Pizza Parlor would promote patronizing his business, supporting events at the Monticello Public Schools. After the events, the teams and their coaches and/or fans could join in food and refreshments at reduced prices at the P.J.'s Pizza Parlor, with portions of the proceeds from the restaurant's business going to support that particular sport at the Monticello Public Schools. Judy Leming introduced Mr. Greg Mooney, owner of 21st Century Builders. Mr. Mooney indicated that 25-30 additional parking spaces can be accommodated by creating 30 -degree angle parking. Patty Olsen commented that while waiting for appointment at Great Clips, some people could utilize the arcade facility within the restaurant/amusement center facility. There being no further comments from the public, Acting Chairperson, Cindy Lemm, then asked if there was any further input from the Planning Commission members. Discussion amonst the Planning Commission was that City staff should set up a meeting with the developers at a date and time agreeable to both parties. A motion was made by Richard Carlson and seconded by Richard Martie to continue the public hearing to its next regularly scheduled meeting on Wednesday, October 7, 1992, 7 p.m. Motion carried unanimously. 3. A motion was made by Richard Carlson and seconded by Richard Martie to adjourn the meeting. The meeting adjourned at 8:44 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Page 2 J MINUTES REGULAR MEETING • MONTICELLO PLANNING COMMISSION Tuesday, September 1, 1892 • 7 p.m. Members Present: Richard Martie, Jon Bogart, Cindy Lemm, Richard Carlson Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:05 p.m. 2. Avvroval of minutes. The minutes of the regular meeting held August 4, 1992, have not yet been completed; therefore, approval of these minutes will be made at the regular meeting in October. 3. Public Hearing -•A variance reauest to allow construction of a building within the front vard setback reouirement. Apulicant. Northern Natural Gas Company. Jeff O'Neill, Assistant Administrator, reviewed the applicant's request to construct a building within the rear and side yard setback requirements. Acting Chairperson, Cindy Lemm, opened the public hearing. Matthew Storm, representing Northern Natural Gas Company, informed the Planning Commission that the building will be used for equipment only. He noted that due to the minimum setback requirements for the gas lines, along with trying to meet the minimum setbacks for zoning, there just isn't enough land on which to fit the building and still be within the setback requirement. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission. There being no further discussion from the Planning Commission, a motion was made by .Ion llogart and seconded by Richard Carlson to approve the variance request to allow construction of a building within the front and rear yard setback requirements. Motion carried unanimously. Approval of the variance is based on the finding that due to the small lot size and the fact that this use of the property is an essential service, granting of the variance would not impair the intent of the ordinance. Page I. Planning Commission Minutes - 9/1/92 Public Hearine--A variance reouest to allow an apartment buildine to be constructed in a rear vard setback reauirement. Applicant. David Homie. Jeff O'Neill, Assistant Administrator, reviewed the variance request to allow an apartment building to be constructed in the rear yard setback requirement. The ordinance requires the rear yard setback to be a minimum of 30 ft. The proposed plan shows a setback of 20 ft. If granted, the variance would allow the apartment building to be placed in the best position given the topography of the property. Acting Chairperson, Cindy Lemm, then opened the public hearing. David Hornig, applicant, explained that the architect, along with himself, spent several hours arriving at a final site plan that would be most beneficial to both parties involved. The building location is placed to allow for maximum use of the property without encroaching on the retaining wall. Mr. Hornig went on further to state that the total number of apartment units has been reduced from the originally planned 24 units to the currently proposed 15 units. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission. There being no further discussion from Planning Commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the variance request to allow an apartment building to be constructed within the rear yard setback requirement. The approval is based on the finding that a hardship exists due to the unique topography of the property; therefore, granting the variance is consistent with the intent of the ordinance. Motion carried unanimously. Public Hearinti—A varianco request to allow a building wall to have more than Ike 5qrk wall coverage of a metal or fberelass finish. Qgplicant. Brad and Mary Bareer. Jeff O'Neill, Assistant Administrator, reviewed the Barger's request to allow a building wall to have more than the minimum 50% wall coverage of a metal or fiberglass finish. Mr. and Mrs. Bargers proposed industrial development project, Suburban Machine & Manufacturing, is an approximate 11,000 aq ft building. The site plan as presented meets all of the minimum requirements of the city ordinance with the exception of the side of the structure facing the freeway. This finish of this wall is proposed to be entirely metal. The Bargers are requesting a varianco Brom the minimum 60% wall coverage of a different Page 2 Planning Commission Minutes - 9/1/92 material, as this wall will be an expansion wall. As the project continues to develop in the future, this wall would be expanded out to allow for a proposed addition. Mr. Barger went on to explain that the wall make-up of stucco, rock face, and steel materials, with the total building exposure being more than 50% of other materials other than the exterior metal finish. Acting Chairperson, Cindy Lemm, opened the public hearing. John Abramson of Remmele Engineering expressed their concern on the overall building front appearance. To date, Remmele has experienced over $A million in sales for the first two years and is expecting over $12 million in sales in 1993. Remmele Engineering would like to see first class buildings and first class operations of any proposed businesses locating in the Business Campus District. Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission. Planning Commission felt the minimum tree requirements could be dispersed around the entire site with some trees being located in front. There being no further input from the Planning Commission, a motion was made by Richard Carlson and seconded by Richard Martie to approve the variance request allowing development of a completely steel freeway wall based on the finding that the future development of the site calls for completion of the building in compliance with the zoning ordinance; therefore, the variance request as proposed is consistent with the intent of the ordinance. The variance would be contingent on the Bargers agreeing to install brick facing within 5 years. Motion carried unanimously. If conetruction does not occur within the 5 years, the applicant will again be required to cone before the Planning Commission to ask for a continuance of the variance request. Cons)derattn of it prglir►linnry plat rLo}rest for n commercial subdivision olat., Annlic►nt. Rurry Fluth/Monticelln Jeff O'Neill, Assistant Administrator, explained the preliminary plat request for a commercial subdivision plat. ONeill highlighted some of the unique circumstances that exist at this site. Page 3 Planning Commission Minutes - 9/1/92 Currently, the Monticello Mall and the Country Kitchen share a water and sewer service line that extends from the city right-of-way on West 7th Street into the mall site. Under the current ordinance, a service is not allowed to extend across one site (i.e., the Monticello Mall) to serve another site (i.e., Country Kitchen). ONeill proposed that the developers establish a document that allows the shared system of the water, sewer, and storm sewer for the Country Kitchen and Monticello Mall properties. A provision should also be placed within the document allowing crossover parking from the Country Kitchen property onto the Monticello Mall parking lot property. ONeill also asked the developers to check on the agreements for ingress and egress from the Highway 25 and West 7th Street public right-of-ways. Acting Chairperson, Cindy Lemm, opened the public hearing. There being no comments from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from Planning Commission members. There being no further discussion from the Planning Commission, a motion was made by Richard Martie and seconded by Jon Bogart to approve the preliminary plat of the Monticello Mall contingent on preparation of documents governing joint use and maintenance of utilities and parking areas. Motion carried unanimously. The developer is also to ehow on the plat where the ingress easements are from West 7th Street. Continued_Publiq Iicarine--ConsideratLoR of nanroval of a ureliminary plat o the Silver Fox subdivision. Aaalicant. Ed and Arlvs Lnrson. Jeff O'Neill, Assistant Administrator, reviewed the Larsons' proposed Silver Fox subdivision plat, As shown on the plat, Lot 1 indicates a square footage of 60,000 sq ft. In reality, it is actually only 35,000 sq ft. On Lot 1 exists the pylon sign for the Silver Fox Motel. if the pylon sign is to remain, a sign easement should be recorded on Lot 1. If Lot 1 is sold, then the sign is to be relocated. Acting Chairperson, Cindy Lemm, opened the public hearing. There being no comments from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. Page 4 Planning Commission Minutes - 9/1/92 Discussion amongst the Planning Commission centered on the drainage issues in this area. Because there is no storm sewer there, all the surface water drainage is to go through the ditch system along East Oakwood Drive, or East County Road 17, and South Cedar Street. There being no further discussion, a motion was made by Jon Bogart and seconded by ffichard Carlson to approve the preliminary plat of the Silver Fox subdivision and recommend that the final plat approval be subject to the preparation of a development agreement requiring construction of a drainage Swale that blocks water from entering the property to the south, and development of a document identifying the plan for development of a cooperative strategy for storm water run-off relating to Lot 3 of the Silver Fox plat and the parcel to the south. This document is to be signed by all parties affected. Motion carried unanimously. The following conditions were also attached as follows: All owners south are notified of any drainage and utility casements necessary to make this work. 2. Amend discrepancies/inaccuracies as noted in the discussion, which includes limiting access to Lot I off Cedar Street, eliminate the sign casement requirement. Note that the pylon sign to be removed upon development of Lot 1. Additional Information Items 1. Consideration of amendments to the Monticello Zoning Ordinance pertaining to the definition and regulation of home occupations. Council action: Approved as per Planning Commission recommendation. 2. Consideration of a special home occupation permit request which would allow persons other than the resident to conduct a home occupation. The applicant is a tour operator for high school music festivals. Applicant, Dave and Joan Thielman. Council action: Approved as per Planning Commission recommendation. 3. A conditional use request to allow (13) or more dwelling units in (2) apartment buildings on an unplatted tract of land. A request to allow a subdivision of an unplatted tract of land. Applicant, David Hornig. Council action: Approved as per Planning Commission recommendation. 4. A request for an ordinance amendment to the PZM (performance zone mixed) zone to allow as a conditional use an automotive/light truck oil change/lube facility. Applicant, Gerald Hoglund. Council action:. No action required, as the request did not come before them. Page 6 Planning Commission Minutes - 9/1/92 5. A conditional use request allowing operation of an automotive/light truck oil change/lube facility in a PZM (performance zone mixed) zone. Applicant, Gerold Hoglund. Council action: No action required, as the request did not come before them. 6. A conditional use request to allow a sign system for a building to be considered as a shopping center or a shopping mall. Applicant, Barry Fluth. Council action: Approved as per Planning Commission recommendation. 7. Continued Public Hearing --A preliminary plat request entitled Silver Fox commercial subdivision to subdivide an existing 6.9 -acre tract of unplatted land. Applicant. Ed and Arlys Larson. Council action: No action required, as the request did not come before them. 8. It was the consensus of the Planning Commission members to set Tuesday, October 6, 1992, 7 p.m., as the date for the next meeting of the Planning Commission. 9. A motion was made by Richard Martie and seconded by Richard Carlson to adjourn the meeting. The meeting adjourned at 9:09 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Page 6 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, August 4, 1892 - 7 pm. Members Present: Dan McConnon, Richard Martie, Jon Bogart, and Cindy Lemm Members Absent: Richard Carlson Staff Present: Gary Anderson and Jeff O Neill 1. The meeting was called to order by Chairperson Dan McConnon at 7:06 p.m. 2. A motion was made by Cindy Lemm and seconded by Richard Martie to approve the minutes of the regular meeting held June 2,1992. Motion carried unanimously. 3. A motion was made by Jon Bogart and seconded by Richard Martie to approve the minutes of the regular meeting held July 7, 1992. Motion carried unanimously. 4. A motion was made by Jon Bogart and seconded by Cindy Lemm to approve the minutes of the special meeting held July 27, 1992. Voting in favor: Richard Martie, Jon Bogart, Cindy Lemm. Abstaining: Dan McConnon. 5. Consideration of amendmgnts to the Monticello Zonine Ordinance pertaining to the definition and rceulation of home occupations. Chairperson Dan McConnon explained that this item is for the ordinance amendment only and not the Dave and Joan Thielman home occupation request. Assistant Administrator, Jeff O'Neill, reviewed the background of the procedures and permits portion of the home occupation permit process. O'Neill highlighted the conditions under procedures and permits, general provisions, permitted home occupations, requirements --special home occupation, zoning ordinance amendment applications, and home occupation --zoning ordinance amend ment/enfurcement summary. Chairperson Dan McConnon then opened the public hearing. Ms. Pat Ray questioned what to do with existing home occupation uses if they don't comply. Page 1 (a, l Planning Commission Minutes - 8/4/92 Assistant Administrator O'Neill explained that those home occupation and other business uses in residential zones that existed prior to the enactment of the original zoning ordinance have "grandfather" rights and are allowed to operate. They are not allowed to expand or intensify the use without a permit. Chairperson Dan McConnon then closed the public hearing and asked for comments from the Planning Commission members. It was the consensus of the Planning Commission that City staff should have the latitude to determine which home occupations should be required to be reviewed. The proposed ordinance should be modified. There being no further discussion, a motion was made by Cindy Lemm and seconded by Jon Bogart to approve the amendments to the Monticello Zoning Ordinance pertaining to the definition and regulation of home occupations (as attached). The Planning Commission selects alternative #1 based on the finding that the proposed zoning ordinance amendment will contribute toward maintaining the residential character of the areas in which the home occupations are conducted, while providing a tool allowing limited, controlled commercial use of residential property. The ordinance will benefit the City by providing a mechanism for allowing home occupations to exist that operate in a manner completely transparent to the neighborhood but do not precisely meet the minimum requirements. Motion carried unanimously. 6. Consideration of a special home occunation permit reauest which would pllow persons other than thg resident to conduct a home occupation. The applicant, is a tour operator for high school music festivals. Applicant. Dave and Joan Thielman. Jeff O'Neill, Assistant Administrator, explained the only change in the site plan is that all off-street parking will be in the existing driveway, and the previously -proposed area would remain green area/landscaped area. Chairperson Dan McConnon then opened the public hearing. Joan Thiclmmt, part owner with her husband, David, complimented the City staff and the Planning Commission members on their efforts to thoroughly research their request and create an ordinance amendment that would be beneficial to them as the applicants and also other home occupation businesses which currently exist. She felt the City staff and Planning Commission members should be complimented on their ordinance amendment efforts as proposed. Amy Dzuik informed Planning Commission members that as a neighboring residential property, they had no problem with the Thielman's homo occupation permit request, as hardly anyone knows their business exists. Page 2 OJ Planning Commission Minutes - 8/4/92 Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. There being no further input from the Planning Commission members, a motion was made by Jon Bogart and seconded by Cindy Lemm to approve the special home occupation permit which would allow a person other than the resident to operate the home occupation subject to the following conditions: 1. No more than one vehicle associated with the home occupation can be parked on site at any one time. 2. No on -street parking is allowed. 3. All parking on site must meet the requirements of the city ordinance, which includes parking to be conducted on the driveway area only. No parking in the front yard. 4. No more than two employees are allowed to work at this site at any given time. Motion carried unanimously. The Planning Commission finds that the proposed home occupation is unique; and allowing the presence of employees at the site is consistent with the intent of the ordinance because the employees do not come and go and no clientele or retail traffic is generated by the home occupation activity; therefore, the home occupation is transparent to the neighborhood. Due to the fact that the home operation is transparent to the neighborhood, the activity will not result in depreciation of adjoining properties, it is consistent with the character and geography of the area, it is consistent with the comprehensive plan, and the need has been sufficiently demonstrated. euhlig Hearing --A conditional use request to allow thireeq (13) or morn dwelling units ip two (2) apartment buil ' es on pn unolntted 4ract of Innd. A reauest to allow n subdivision of an unolntted tract of land. Aaalioll David Hornig, Jeff O'Neill, Assistant Administrator, reviewed Mr. Hornig's request to be allowed to place two apartment buildings on an unplatted tract of land consisting of one 6 -unit building and one 9 -unit building. The buildings will consist of 14 3 -bedroom units and 1 2 -bedroom handicap unit. Seven continuous garage unit stalls will be developed between the two existing Page 3 O Planning Commission Minutes - 8/4/92 garage units of the Ridgeway Apartment complex, and there will he one additional parking stall near the handicap spots in the northeast comer of the parking lot. O'Neill highlighted the following: Parking and driving areas, the lot area per unit, the usable open space, the multiple dwelling units --minimum floor area, parking and driveway design, landscaping, and setback requirements. Gary Anderson, Zoning Administrator, commented that the owner of the Ridgeway complex has been lax in maintaining the existing four buildings. They do not have maintenance free exterior with exception of the brick on the exteriors. The wood is in need of paint again, and the sprinkler systems have been sprinkling the building regularly; therefore, the exterior brick of these buildings has been stained. The City has also had to mow the area proposed for the two new apartment buildings. Skip Sorenson, architect for Mr. Hornig, commented on the unique circumstances that led to the creation of this site in regard to the extensive landscaping and site development to accommodate these two apartment buildings. He highlighted that the proposed use of the area when the Ridgeway Apartments were built was for two additional 12 -unit apartment buildings. The site plan presented has been down scaled to a 9 -unit building and a 6 -unit building for 15 total apartment units. David Hornig, applicant and part owner of the proposed project, commented on the development issue of a very low area which was left as part of the West 7th Street expansion for the Kmart project. He also commented on the proposed rent of $475 to $525 per month plus utilities. The maximum gross income per year to qualify would be $31,000. Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the Planning Commission members. Discussion amongst commission members centered around the development issues of this site and that the developer would have to come back to the Planning Commission through the public hearing process for a variance to allow the apartment buildings to be built within 10 feet of the rear lot line since the minimum requirement is 30 feet. There being no further input from commission members, a motion was made by Jon Bogart and seconded by Cindy Lemm to approve the conditional use permit allowing construction of a multi -family development in a PZM (performance zone mixed) zone based on the finding that the conditional use permit and associated site plan are consistent with the requirements of the zoning ordinance, will not depreciate the area in which it is located, are Pago 4 O Planning Commission Minutes - 8/4/92 consistent with the comprehensive plan, and are consistent with the geography and character of the area. Motion includes approval of associated lot subdivision. Motion to approve the plan is subject to: Development of a landscaping plan that is consistent with the requirements of the Planning Commission. 2. The grading and drainage plan must be approved by the City Engineer. 3. The plan must be modified to eliminate the need for a variance to the setback requirements. Under this alternative, the Planning Commission is satisfied with the information provided at this point and with the plan as prepared and is willing to recommend approval and further review by the City Council. Motion carried unanimously. 8. Public Hearing --A reauest for an ordinance amendment to the PZM (aerformance zone mixed) zone to allow as a conditionpl use an automotive/light truck oil change/lube facility. Analicant. Gerald Hoglund. Cary Anderson, Zoning Administrator, reviewed the request to amend the zoning ordinance to allow as a conditional use in the PZM zone an automotive/light truck oil change/lube facility. These facilities are similar to ones commonly known as a "Jiffylube." Mr. Hoglund is proposing to perform only oil change and lubrication to automotive and light truck vehicles. Anderson reviewed the applicant's site plan. The building was set on the lot to allow for development of a future addition and still be within the setback requirements. The landscaping plan as presented meets or exceeds the minimum requirements of our ordinance. The driveway is a single access driveway only, and it is situated on the lot so as not to allow traffic to flow freely from the Scrub -a -dub Carwash to the Total Mart gas station. Chairperson Dan McConnon then opened the public hearing. Mr. Hoglund responded to questions of the Planning Commission members. Chairperson Dan McConnon then closed the public hearing and opened the meeting for further comments from the Planning Commission members. Page 5 O Planning Commission Minutes - 8/4/92 Dan McConnon stated that maybe we should look at B-3 zoning for this area, which would allow these types of uses without having to amend the PZM zoning districts all the time. A motion was made by Cindy Lemm and seconded by Richard Martie to approve the request for an ordinance amendment to the PZM (performance zone mixed) zone to allow as a conditional use an automotive/tight truck oil change/lube facility. Motion carried unanimously. 9. Public Hearine—A request for a conditional use permit allowine operation of automotive/lieht truck oil chaneeAube facility in a PZM (performance zone mixed) zone. Applicant. Gerald Hoglund. Gary Anderson, Zoning Administrator, reviewed Mr. Hoglund's conditional use request. Under the ordinance amendment, there were 14 conditions that were added to the conditional use permit process for an automotive/light truck oil change facility activity. The conditions are very similar to the conditions used for the carwash facility, with the one major condition being that the use of this facility is for automobile/light truck oil changes and lubrication only; therefore, the building could not be switched to a major auto repair of any type. Chairperson Dan McConnon then opened the public hearing. There being no input from the public, Chairperson Dan McConnon then closed the public hearing and opened the meeting for input from the commission members. There being no further input from the commission members, a motion was made by Richard Martio and seconded by Jon Bogart to approve the conditional use request to allow an automotiveAight truck oil changeAube facility in a PZM zone. Motion carried unanimously. 10. Public Heayine--A conditional use reauest to allow a sign Avstem for a buildine to bg considered as a shopnina center or shopping mall. AP licant. Barry Fluth. Gary Anderson, Zoning Administrator, reviewed the request for a sign system for the Monticello Mall complex. Mr. Fluth has building frontage on two public rights-of-way, State Highway 25 (Pine Street) and West 7th Street. The total wall exposure on these two public rights-of-way is 619 lineal feet. The total lineal feet times the height of the building (16 feet) will give you the gross silhouette area for a sign system of 9,904 square feet. Mr. Fluth will be allowed 5r4 of that area, which equals approximately 495 square feet. Mr. Fluth is proposing to have 16 businesses in the Monticello Mall that will be utilizing some type of exterior signage. If the 495 allowable square feet of sign area is divided by 16, it would equal approximately 30 square feet per Page 6 Planning Commission Minutes - 8/4/92 sign space, with no one tenant having more than 255f or 125 square feet of this sign area. Mr. Fluth is proposing to use an individual letter system for the sign system. This is similar to what is being used on the 6th Street Annex project. Chairperson Dan McConnon then opened the public hearing. Mr. Fluth explained that if they had any questions, he would be more than happy to answer them. With no further input from the public, Chairperson Dan McConnon then closed the public hearing. There being no further input from the commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the conditional use request to allow a sign system for a building considered as a shopping center or shopping mall based on the finding that the sign system proposed is consistent with the requirements set forth by ordinance. The motion carried unanimously. 11. A Continued Public Hearine - A preliminary ulat request, entitled Silver Fox Commercial SAdivisinn, to subdivide an exist.ine 6.69 acre tract of unulatted land. Aanlicant. Fd and Arlvs Larson. Mr. Jeff O'Neill, Assistant Administrator, requested that the commission members table the Larson's request. City staff is still working with the applicant and adjacent land owners regarding the storm water issues. It was evident that there are limited alternatives for managing added storm water created by the development of these parcels. It was the consensus of the commission members to continue the public hearing until the next regularly scheduled meeting on October 6, 1992, beginning at 7 p.m. Additional information items. Consideration of an amendment to Section 2.2 [HB1 of the Monticello Zoning Ordinance governing home occupations. The proposed amendment would modify the requirement that "No other than persons residing on the promises shall be employed." Applicant. Dave and Joan Thielman. Council action: Set a public hearing date for August 4, 1992, before the Monticello Planning Commission. 2. Preliminary plat request to subdivide an unplatted tract of land into an industrial subdivisionlat. Applicant, Brad and p pp Mary Barger. Council action: Approved as per Planning Commission recommendation. Pago 7 1 Planning Commission Minutes - 8/4/92 3. Consideration of a request to amend a condition of the previously -approved conditional use permit. Applicant, Hillside Partnership/6th Street Annex. Council action: Approved as per Planning Commission recommendation. 4. Continued public hearing --Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant, Hillside Partnership✓6th Street Annex. Council action: Approved as per Planning Commission recommendation. Ii. Continued public hearing --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. 6. The Monticello City Council will hear the final plat request to subdivide an unplatted tract of land into an industrial subdivison plat (Barger Addition) at their first regularly scheduled City Council meeting Tuesday, September 8, 1992. 7. Set the next tentative date for the Monticello Planning Commission meeting for Tuesday, September 1, 1992, 7 p.m. It was the consensus of the Planning Commission members to set this as the date for the next Monticello Planning Commission meeting. 8. Adjournment. A motion was made by Richard Martie and seconded by Jon Bogart to adjourn the meeting. The meeting adjourned at 9:41 p.m. Respectfully submitted, Gary Anderson Zoning Administrator Pago 8 Planning Commission Agenda - 10/7192 3• Public Hearing—C4naideration of a variance regpest to aIIow an addition to be built onto an existing garage within the side yard setback requirement. AoDlicant. Gordon Steinert. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Steinert is proposing to build an addition to his garage to within 5'4" of his side property line. The minimum setback requirement on a side lot line is 10 feet. The area in which Mr, Steinert lives was originally part of the township; and when it became part of the city, the legal description for his property remained as an unplatted tract of land in Section 3. At the time these houses were built, they were placed on the lot so as to probably allow for an average 16 -ft garage, which was an adequate size at that time. By today's standard, the minimum size required by ordinance is a 20' x 20', or 400 sq ft, garage. In looking at the enclosed sketch plan, you will see that if the 6 -ft addition is allowed, Mr. Steinert would still be 16'4" from the nearest adjoining structure, which is his neighbor's attached garage. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a garage addition to be built within the side yard setback requirement. 2. Deny the variance request to allow a garage addition to be built within the side yard setback requirement. C. STAFF RECOMMENDATION: City staff takes the position as this is a judgment call for the Planning Commission. If the garage addition is allowed, it would still be only 16'4" from the nearest adjoining structure, which is his neighbor's attached garage. On the other hand, the Planning Commission members have dealt with soveral variances in the past, primarily within now developments, where a singlo•car garage (probably a 12 -ft garage) was built in the early 1980's without enough room for a double -car garage to be constructed within the minimum side yard setback requirement. D. SUPPORTING R$TA: Copy of the location of the proposed variance request; Copy of the site plan. A variance request to allow an addition to be built onto an existing garage within the side yard setback requirement. Location is a tract described in Book 187-94, Section 3, Unplatted Property in the city of Monticello. Lzz- APPLICANT: Gordon Steinert �aRcod „5rcw x -r- C R66 K Aro 4D Gt be p ' R Ric A PRoPo;64--'ARR4E A0047 io 1?a4414 SKETCH 4 Sj 3 E 3v-3 V oc `i0 plpox') WAydg YoNAK RES. �I a ' a r PRoP�iG A 144 40O09'rerl Fd}�F p�uet< i GARA46 1 44*44C { 1 I I t so 9 S.Ae. 1 IJ 0 4 tiI h W A/Rex. yf' 1 � j?AtE 6.+.T, SraiN6Rr I Azcck ONoL6. TOP ORP116 Planning Commission Agenda - 10/7/92 a. Public Hearin¢—Consideration of rezoning West Side Market/Conoco property from 11.1 (single family residential) to B-1 jneighborhood business). Aaulicant. Tom Holthaus and Matt Holker/West Side Market. (J.O.) REFERENCE AND BACKGROUND: Planning Commission is asked to conduct a public hearing and make a recommendation -regarding the proposed rezoning request. Members of the Planning Commission have reviewed this request in the past. Following is a brief review of the most recent City action regarding this matter. In October 1991, the Planning Commission recommended denial of the R-1 to B-1 amendment. Council then tabled the decision on rezoning and then proposed a zoning ordinance amendment allowing convenience stores as allowable as a conditional use in the B-1 zone. It was thought that the controls associated with a conditional use permit would make the convenience store in conditional use permit more palatable. Council later approved a zoning ordinance amendment which made convenience stores a conditional use in the B-1 zone. This decision did not end up directly affecting West Side Market, as the Council did not rezone the West Side Market property from the R-1 designation to the B-1 designation. The motion to deny the rezoning request was based on the finding that the original zoning map was correct in establishing an R-1 zoning designation at the site, rezoning of the site to B-1 would amount to spot zoning, the geography and character of the adjoining area is residential in nature, and the presence of commercial activity and associated traffic at this location will tend to depreciate adjoining residential land values. Voting in favor of this motion at that time was Ken Maus, Shirley Anderson, Brad Fyle, and Clint Herbst. Dan Blonigen was opposed. The owners of the West Side Market again request that the City consider this matter. In discussing his plans for the West Side Market, Tom Holthaus has not indicated any immediate plans to expand or enlarge the facility; however, he would like the rezoning in anticipation of expanding the use of the property at some point in the future. In addition, according to the strict interpretation of the ordinance, the use of the property for Christmas tree sales would represent an enlargement or intensification of use and technically should not be allowed to occur by ordinance. However, in the past the City has waived this restriction and allowed Christmas tree sales to occur at the site, Planning Commission Agenda - 10/7/92 REZONING DECISION CRITERIA As with each rezoning request, the City needs to review the request in terms of its compatibility with the comprehensive plan, the effect of the rezoning on the character and geography of the adjoining properties, whether or not there is a demonstrated need for the rezoning, and whether or not the rezoning will tend to depreciate land values. As was noted earlier, it was determined by the City Council with the previous decision that the rezoning as proposed did not properly 6t the criteria for rezoning. Following is a quick summary of each rezoning criterion in terms of the proposal. Geoerauhv and Character of Adioinin¢ Area The Planning Commission needs to analyze whether or not the proposed &1 (neighborhood business) district activity is compatible with existing R-1 uses and nearby school district uses. Following is the language outlining the purpose behind the &1 zoning district, which may assist you in determining whether or not rezoning the property to a &1 use would be consistent with the character and geography of the area. "The purpose of the B -I (neighborhood business) district is to provide for establishment of local centers for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community." A case could be made that the existing convenience store does deal primarily with customers from the area and that the store is not intended to draw customers from the entire community. On the other hund, the Pinewood Community Playground, along with the Little League activity and the Pinewood School activity, all draw people from the entire community, who in turn utilize the West Side Market in conJunction with school activities. In addition, with its location on County Road Ili, it services customers from outside of the city and, therefore, outside of the neighborhood area. Therefore, the West Side Market indirectly provides goods and services to a wider market than the local neighborhood, which is not consistent with the intent of the A-1 zoning district. Planning Commission Agenda - 10/7/92 Denreciation of Value of Adioinine Properties The West Side Market is bounded by residential properties on the north and east. Under the current configuration, there is some distance between the business use and the residential uses. If the property was rezoned to B-1 uses, then the facility could be expanded and enlarged; therefore, the businesses uses would then become closer to the residential uses. This enlargement of the site could have a negative impact on the value of adjoining properties unless intensive landscaping and/or berming is constructed. Relationship to Municipal Comprehensive Plan The following sections of the comprehensive plan may apply to the situation. On page 48 under "Commercial Policies," item b states: "Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. The community is benefited by reducing exposure to residential areas by having better control of parking and traffic needs. For this reason, strip and spot commercial development should not be permitted." It could be that this particular section of the comprehensive plan, though pertaining to commercial areas, may not have been intended to pertain directly to neighborhood commercial areas and might be more likely to pertain to development of larger, more intense commercial areas. On the other hand, this section of the comprehensive plan could pertain directly to this situation and could be a reason for denial of the rezoning request. Item 49 of the Commercial Policies states that: "Boundaries of commercial districts shall be well defined so as to prevent intrusion into residential areas. Residential areas must be properly screened from associated ill effects of adjacent and nearby commercial area." The proposed B-1 district is bounded on the south, east, and west by a residential district; however, all access to the site comes directly off a major thoroughfare and a local collector street. Therefore, with adequate screening, the impacts of the commercial use could be minimized. Planning Commission Agenda - 10/7/92 Demonstrated Need for Such Use There does not appear to be an overriding reason why the City should rezone the site. The existing non -conforming use may continue as it is without expansion for many years to come. There does not appear to be an overriding need in the area for enlargement of the convenience store and potential intensification of the property's use as a commercial site. Other Factors Maintaining the R-1 zoning designation at this site sends the message that this site should ultimately revert to R-1 uses. Unfortunately, the configuration of the property does not lend itself to R-1 development. R-1 development would require platted lots with direct acess to County Road 75. It is doubtful that Wright County would allow direct driveway access to County Road 75. B. ALTERNATIVE ACTIONS Motion to approve the rezoning request based on the finding that the change from an R-1 to &1 zoning district is consistent with the comprehensive plan and consistent with the character and geography of the neighborhood. Furthermore, the need for the rezoning has been sufficiently demonstrated. Under this alternative, the Planning Commission takes the position that the B-1 zoning designation fits well into the residential area and is consistent with the purpose of the 13-1 zoning district being a neighborhood commercial site serving the needs of local residents. Under this alternative, the West Side Market is no longer a non- conforming use and is no longer restricted by the rules governing non- conforming uses, which means the building can be expanded for convenience store type activities, and the site can be freely used for Christmas tree sales and other seasonal sale activity once a conditional use permit is obtained. This alternative will also add value to the property by making it a conforming use in a business zone. This alternative also creates the opportunity for improving the site via the conditional use permit process. Without the rezoning, the site may operate as is with the County Road 75 access problem. If the rezoning occurs, the City can require removal of that County Road 75 access as one of the conditional use permit requirements. In addition, the City could require additional landscaping and perhaps a smaller sign. 2. Planning Commission Agenda - 10/7/92 Motion to deny the zoning ordinance amendment as requested. Under this alternative, Planning Commission could make a funding that the original zoning map designation including this site in an R-1 zone was correct; the geography and character of the area is residential in nature and, therefore, the City should be maintaining the existing zoning designation, which is intended to ultimately result in the site being converted to residential uses; a mistake was not made in the development of the original zoning ordinance. Under this alternative, Planning Commission would take the view that the residential nature of the area needs to be preserved, and the site should maintain its non -conforming status, which over time is intended to result in conversion of the use from commercial to residential. In addition, this alternative will eliminate the possibility of the convenience store from enlarging its present operation and may limit the ability of the property owners to sell Christmas trees and other items outside the confines of the structure or conduct any additional business which could be construed as expansion and enlargement of the existing non- conforming use. C. STAFF RECOMMENDATION: City staff recommendation is neutral on this topic. Both sides have good arguments on which to base a finding. D. SUPI'ORTING DATA: Copy of Council minutes from meeting held October lb, 1991, and November 25, 1991; Excerpt from the zoning ordinance (B-1 district regulations). — i. � L4.4LN0 et,—% OA Mwn•D O.t S1 Iii 1 +o o.nt fIt. wu.--b'LrtS. M1^�f .,. So,.., l s.r Council minutes- 10/15/91 6. Consideration of a request to rezone Lot It Block 4,, River Terrace, also known as West Side Market, from R-1 (single family) zoninq designation to B-1 (neighborhood business). Applicants, Tom Holthaus and Matt Holker. Assistant Administrator O'Neill informed Council that the owners of the West Side Market request that the City rezone the West Side Market from its present residential zoning designation to the B-1 (neighborhood commercial) zoning designation. The request for the rezoning stems from the desire of the applicants to operate under a zoning designation that is consistent with the business operation that is now in place. O'Neill went on to note that if the zoning ordinance amendment is allowed, the West Side Market is no longer considered a non -conforming use, which would allow the property owner to fully utilize all the land area for commercial use as allowed in the B-1 zone. This would allow the existing facility to be enlarged significantly. In addition, the rezoning would allow the West Side Market to sell Christmas trees at the site. Under the present rules governing non -conforming uses, Christmas tree sales are not technically allowed at the site, as such outside sales could be construed as an enlargement or intensification of a non -conforming use. In his presentation, O'Neill informed Council that the Planning Commission recommended that the rezoning be denied based on the finding that the original zoning designation as R-1 was correct and changing the designation to a B-1 district would constitute spot zoning. Ed Solberg, resident living at 1204 Sandy Lane, expressed opposition to the rezoning request. He noted that the rezoning constitutes spot zoning. Tom Holthaus stated that his business must be able to compete with other convenience stores, and in order to do so, he needs to have the flexibility to use the site in a manner that allows him to achieve the highest business potential at the site. He also noted that the store has been a good neighbor, as it has eliminated all beer sales and adult magazines. Over 400 people use the convenience store per day. Clint Herbst stated that the West Side Market owners knew what they were getting into when they bought the property. They knew that enlargement of the facility would not be allowed in the R-1 district. They shouldn't be allowed to come back later and request the rezoning. Dan Blonigen disagreed with Herbst in stating that the property has no potential for residential uso, and the property is being used as a neighborhood business center; therefore, it should be zoned as such. 14D Council Minutes - 10/15/91 Shirley Anderson noted that she is in the middle and agrees to some degree with Dan. She noted that the original tavern that was converted to the market was there prior to development of residences. Ren Maus stated that the local neighborhood deserves a first- class convenience store; and in order to remain first class, the store needs to be able to compete with other businesses providing similar services. By allowing the rezoning to occur, the business is in a better position to remain competitive and more likely to remain an asset to the neighborhood. Jon Bogart, a member of the Planning Commission, was in attendance. He suggested that the City somehow allow the property to be rezoned to B-1 but require restrictive covenants against the site which limit the enlargement of the store. Assistant Administrator O'Neill suggested that if Council is striving to seek a compromise which would allow the West Side Market to operate as a legal permitted use and at the same time regulate or apply conditions associated with enlargement of the site, then Council may wish to consider establishment of a convenience store as a conditional use in the B-1 zone. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table consideration of rezoning the West Side Market site from R-1 to B-1 and to direct City staff to prepare an ordinance amendment allowing a convenience store to operate in a B-1 district as a conditional use only. Motion carried unanimously. A motion was made by Dan Blonigen and seconded by Shirley Anderson to allow Christmas tree sales to occur at the West Side Market during the upcoming Christmas season. Motion carried unanimously. U Council Minutes - 11/25/91 Consideration of a zoninq ordinance amendment modifyinq the B-1 (neighborhood commercial) zoninq district requlations by eliminatina convenience store and laundromat uses as permitted uses and instead allowinq said uses as conditional uses in the B-1 zone. Assistant Administrator O'Neill reviewed the history behind the development of the proposed ordinance amendment. He recalled that the Planning Commission had voted in October to recommend denial of the West Side Market's request to rezone the site from R-1 to B-1 zoning designation. The recommendation for denial was based on the finding that the rezoning would constitute spot zoning. In turn, on October 15, 1991, the City Council considered the rezoning request and developed an alternative which represents a compromise between the owner's desire to more freely use his land for commercial use and the desire of the local residents to limit the size of the operation. The Idea, which is the basis of the proposed ordinance amendment, consists of amending the zoning ordinance by allowing convenience stores and laundromats to operate on a limited basis as a conditional use in the B-1 zone. O'Neill went on to describe the proposed ordinance amendment, which includes conditions under which a convenience store/ laundromat could operate in a B-1 zone. O'Neill finished by saying that the amendment makes sense in that the B-1 zoning district as a neighborhood commercial zone and associated commercial activity is bound to create or result in conflicts between business and residential uses. The conditional use permit requirement for convenience store and laundromat uses as proposed serves to provide the City with the ability to manage and control such conflicts between residential and convenience store/ laundromat uses. Council then discussed the proposed ordinance amendment. After discussion, a motion was made by Brad Pyle and seconded by Clint Herbst to recommend approval of the zoning ordinance amendment including convenience stores and laundromat uses as conditional uses in the B-1 zone and adopt conditions as noted by the proposed ordinance with the Inclusion of condition 13, which requires that only one gas dispenser is allowed per 400 sq ft of retail floor area, with total dispensers not to exceed four. Motion is based on the finding that allowing convenience stores to operate under the conditional use permit process in the B-1 zone can serve to protect the character of adjoining residential areas and thereby assist In maintaining residential property values. Voting in favors Clint Herbst, Brad Fyle, Ren Maus, Shirley Anderson. Opposed: Dan Blonigen. SEE ORDINANCE AMENDMENT NO. 216. Page 3 Council Minutes - 11/15/91 Consideration of a request to rezone Lot It Block 4. River Terrace, also known as West Side Market, from R-1 Jsingle family residential) zoninq designation to B-1 (neiqhborhood business). Applicants, Tom Holthaus and Matt Holker. O'Neill noted that the City Council had tabled consideration of this rezoning request pending potential development of a conditional use permit allowing convenience stores and Laundromats to operate as conditional uses in the B-1 zone. Now that consideration of this matter is complete, Council can now consider the matter of the actual rezoning of the West Side Market site. O'Neill went on to note that just because the Council provided for allowing convenience stores to operate as a conditional use in the B-1 zone, this does not mean that Council must automatically approve the West side Market rezoning request. Ren Maus stated that it was his view that the rezoning did make some sense. It was his hope that the conditional use permit placed enough restrictions on the property to allow the neighborhood to feel comfortable with the commercial operation and at the same time provide the property owners with the flexibility to maintain a high-grade business. Council discussed the matter at length. Candy Johnson spoke against the rezoning request. She noted that the Planning Commission had turned it down twice, the applicants knew the limitations of the property, the rezoning could be a foot in the door for other commercial rezoning requests, and the rezoning is not consistent with the surrounding neighborhood, as the business is met to draw people from a larger area. Johnson suggested that there is no demonstrated need for the rezoning, as there are 400 customers today, and the store can operate successfully without expansion. Assistant Administrator O'Neill noted that the City Council cannot legally base a rezoning decision on whether or not the applicants knew the limitations of the property, nor can it make a decision based on a fear that the rezoning would be a foot in the door for other rezoning requests. These are not valid criteria. The other reasons for denying rezoning as noted by Johnson are based on valid criteria when considering a rezoning request. Clint Herbst noted that he's concerned about the close proximity of the driveway access to the intersection of Otter Crook Road and Highway 75. It was his view that it is the responsibility of the property owner to correct this situation and that the City should not have to resort to development of a conditional use permit process that would provide leverage Pago 4 Council Minutes - 11/25/91 to get the developer to move the access point as a condition of any expansion to the site. The owners of the West Side Market should move this access point on their own accord. Shirley Anderson noted she is torn on this issue, but she has to be more concerned for the homeowners. It was her opinion that the residential property neighboring the convenience store could be diminished by the store's expansion. This is one of the primary factors in considering a rezoning request. After discussion, a motion was made by Dan Blonigen to approve the request to rezone the West Side Market property from the R-1 zone to the B-1 zone. Motion died for lack of a second. A motion was made by Clint Herbst and seconded by Brad Fyle to deny the proposed rezoning request based on the finding that the original zoning map was correct in establishing an R-1 zoning designation at the site, rezoning the slte to B-1 would amount to spot zoning, the geography and character of the adjoining area is residential in nature, and the presence of commercial activity and associated traffic at this location will tend to depreciate adjoining residential land values. Voting in favor: Ren Maus, Shirley Anderson, Brad Fyle, Clint Herbst. Opposed: Dan Blonigen. 0 CHAPTER 11 "B-1" NEIGHBORHOOD BUSINESS DISTRICT SECTION: 11-1: Purpose 11-2s Permitted Uses 11-3: Permitted Accessory Uses 11-4: Conditional Uses 11-1:PURPOSE: The purpose of the B-1, neighborhood business, PUMP is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets which deal diroctly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. 11-2: PERMITTED USES: The following are permitted uses in a B-1 district: (A) Barber shops (B] Beauty parlors (C) Essential services (11/25/91, 1216) 11-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a B-1 districts [A) Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. (B) Off-street parking as regulated by Chapter 3, Section 5, of this ordinance but not including semi -trailer trucks. (C) Off-street loading as regulated by Chapter 3, Section 6, of this ordinance. 11-4*: CONDITIONAL USESs The following are conditional uses in a B-1 districts (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) (A) Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: MONTICELLO ZONING ORDINANCE 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Equipment is completely enclosed in a permanent structure with no outside storage. 3. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Professional and commercial (leased) offices provided that: 1. The services which are provided are for the local area rather than the community or region. 2. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. 3. The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (C) Commercial planned unit development as regulated by Chapter 20 of this ordinance. \)� (D] `VYI Convenience grocery stores provided that: 1. The site is adequately served by a collector street. 2. Access point to the site shall be limited to a collector street. 3. Curb cuts or access points shall be at least one hundred (100) feet from the intersection of two (2) streets. 4. Conformity with the surrounding neighborhood is maintained and required setbacks are met. / 9. Adequate screening and landscaping from a neighborhood residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. NONTICELW ZONING ORDINANCE 11/ 6. Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. 7. The site shall conform to parking requirements as provided in Chapter 3, Section 5, of this ordinance. 8. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 9. Building setback from residential uses must be 30 feet or greater. 10. Parking lot setback from residential uses must be 15 feet or greater. 11. The combined total or individual gross floor area of convenience store and/or laundromat establishments shall not exceed 3,000 sq ft in any single B-1 district. 12. Hours of operation shall be limited to 5:00 a.m. to 11:00 P.M. 13. The number of gas dispensers allowed is limited to one gas dispenser per 400 sq ft of retail floor area, with total dispensers not to exceed four. (E) Laundromat, self-service washing and drying provided that: 1. The site is adequately served by a collector street. 2. Access point to the site shall be limited to a collector street. 3. Curb cute or access points shall be at least one hundred (100) feet from the intersection of two (2) streets. 4. Conformity with the surrounding neighborhood is maintained and required setbacks are met. 5. Adequate screening and landscaping from neighborhood residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 6. Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it. NONTICELM ZONING ORDINANCE 7. The site shall conform to parking requirements as provided in Chapter 3, Section 5, of this ordinance. 8. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 9. Building setback from residential uses must be 30 feet or greater. 10. Parking lot setback from residential uses must be 15 feet or greater. 11. The combined total or individual gross floor area of convenience store and/or laundromat establishments shall not exceed 3,000 sq ft in any single B-1 district. 12. Hours of operation shall be limited to 5:00 a.m. to 11:00 P.M. (11/25/91, #216) MONTICELLO LONINO ORDINANCE I LARKIN. HOFFMAN. D..%LY & LINDGREN. LTD ATTORN[YO AT LAW L• r000 noww[{r nn•nu•L unrc{ �{ u2, .�[w ){pp [[{{L{ •v[Mu[ {pYTn ,1�� ., 6LOOMInOIOn, nln nL{OT•{6•>. �Kw•[L �K [, {,o.w[• � o ,2,[w `iwoaw-..:`'al`, *nvwonc Im2, sae-a{oo r •. 1612, 606.3333 rt[ww . uc. i�r. i. t e.•w ii:e�:�: ...,... �� Direct Dial Number ;�",•,"���� ( 612 ) 896-3203 Ct • rA,wIwLIL[r October 1, 1992 Mr. Jeff O'Neil City Planner City of Monticello P.O. Box 1147 Monticello, Minnesota 55362-9245 Res West Side Market --Rezoning Request Dear Jeffs This letter is submitted in support of the application of Tom Holthaus and Matt Holker (the Applicant), owners of the heat Side Market located at the northeast corner of Broadway Street (County Road 75) and Otter Creek Road (the Property). The Applicant has petitioned for a rezoning of the Property from R-1 Single Family Residential to B-1 Neighborhood Business. Also included in this request, at the recommendation of City staff, is a request for a Conditional Use Permit (CUP) for a convenience grocery store pursuant to Section 11-4s(D) of the Monticello Zoning Ordinance (the Ordinance). The Property presently operates lawful, nonconforming use in a R-1 district pursuant to a CUP issued in 1987. The Property consists of approximately 57,000 square feet. The Property is flat with vegetation consisting of mature trees along the east and part of the north boundary, scattered trees on the west portion of the north boundary and turf. The Property is developed with an approximately 1,800 square foot convenience store and a single pump island with canopy for dispensing motor fuels. The Property is bounded on the east and north with a six foot high wood privacy fence. The Property is served by municipal sewer and water. The Property is Mr. Jeff O'Neil October 1, 1992 pgge 2 bounded on the south by institutional uses (Monticello schools and Broadway Street/County Road 75), on the north and east by single family residential and on the west by Otter Creek Road with single family residential to the west. Background The Property was developed in the 1940's as a resort, and from the 1950's through 1986 was operated as Charlie's west, a bar/restaurant. The Applicant purchased the Property in 1986 for the development of the current convenience store. In 1987, the City approved a CUP to allow the lawful, non -conforming use of the Property as a convenience store. In 1990 the Applicant requested a rezoning of the Property to the PZ -M Performance Zone -Mixed Use District. That rezoning request was denied. In 1991, the Applicant requested a rezoning to B-1. The City Council amended the B-1 District at that time to designate a convenience store a conditional use in a B-1 district rather than the previously allowed permitted use. Subsequently, the request to rezone the Property to B-1 failed in 1991. Present Application The current request for the B-1 district is intended to bring the zoning into compliance with the existing use so that the present and future use of the Property is no longer a lawful, non -conforming use. Section 11-1s of the Zoning Ordinance provides the intent of the B-1 Neighborhood Business district. That section states Purposes The purpose of the B-1, neighborhood business, district is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for their surrounding neighborhood and are not intended to draw customers from the entire community. The proposed rezoning request is consistent with the stated purpose of the B-1 District as set forth in the Zoning Ordinance. The Property is intrinsically well-suited to a neighborhood business use. First, the Property is located on a minor arterial thoroughfare, Broadway Street or County Road 75. As such, the Property is exposed to significant drive-by traffic serving the neighborhoods of the west end of Monticello. Patrons of the convenience store can access the neighborhood retail commercial store directly from Broadway Street or Otter Creek Road without penetrating into the single family neighborhood to tho north. The only traffic that does proceed north Mr. Jeff O'Neil October 1, 1992 Pace 3 into the single family residential neighborhood is that which would otherwise use the residential area as a destination. Second, the Property is bounded on the south by an institutional use --Monticello Schools. Third, the Property, at approximately 57,000 square feet, provides a significant buffer area to the surrounding uses. Fourth, the convenience store use, by definition, provides a neighborhood convenience retail service without adversely affecting the surrounding area. The City of Monticello created the B-1 neighborhood business district to allow those uses, that by purpose and definition, serve and are compatible with neighborhoods. In examining the zoning map and land use patterns, the Property is ideally suited to the neighborhood business use designation. The B-1 neighborhood business district is that commercial zoning designation that permits zoning conformity for the Property but also provides for the most highly restricted business district. Specifically, the only permitted uses allowed in a B-1 district are barbershops, beauty parlors, and essential services. Other uses such as governmental and public utility buildings, professional office uses, or convenience retail stores are regulated by a CUP. The specific site standards set forth in Section 11-4f[D] 1-13 set forth very specific site requirements including the location of curb cuts, screening and landscaping, parking requirements, and hours of operation. These highly restrictive limitations attendant with the B-1 neighborhood district assure compatibility and control through the CUP process. A further issue for consideration by the Applicant and City is what alternative uses of the Property would be appropriate other than a neighborhood retail convenience use. With the orientation to the well -traveled Broadway Street, single family residential fronting Broadway Street is not a reasonably foreseeable use when other superior home sites are considered throughout the City. Multi -family residential or mobile home park are possible uses, but would increase the intensity of the use of the Property and require difficult rezoning amendments. On balance, a well-designed limited neighborhood convenience retail use is appropriate to the Property. The Applicant seeks to bring the zoning into conformity with this appropriate use. Additionally, the Applicant had concerns brought to their attention regarding the curb cut location and its relation to the intersection of Broadway Street and Otter Creek Road. By bringing the zoning into conformity with the land use, the Applicant would be more secure in making long term investments to improve the property. Mr. Jeff O'Neil October 1, 1992 W. a For the reasons stated herein, the Applicant respectfully requests approval of the rezoning to B-1 Neighborhood Business and approval of the conditional use for a convenience grocery store. Sincerely, Timothy J. eane, for LAREIN, HO , DALY & LINDGREN, Ltd. it cc: Monticello Planning Commission Tom Holthaus Matt Holker TJA:IR3s Planning Commission Agenda - 10/7/92 Public Hearinu--Consideration of granting a conditional use hermit which would allow operation of a conyenience s1gre in p li-1 zone. ADplicant. Tom Holthaus and Matt Holker/West Side Market. (J.O.) A. REFERENCE AND BACKGROUND: In conjunction with the rezoning request, the applicant is*requesting that the City grant a conditional use permit which would allow the convenience store to operate as a conforming use, which in turn would allow sale of Christmas trees at the site. Planning Commission should conduct the public hearing and review the conditional use permit request in anticipation of a possible approval of the rezoning request. If the Planning Commission does not conduct the public hearing on the conditional use permit request, then this item would need to be brought back to the Planning Commission at the next meeting after potential subsequent approval of the rezoning request by the City Council. If the rezoning is approved, then the City is obligated to grant a conditional use permit; however, the City may apply certain conditions intended to protect the character and nature of the adjoining uses. The conditional use permit granted would apply to the existing use and seasonal sale use. Any enlargement of the facility in the future would require that the property owners come before the City again for an amendment to their conditional use permit. Following is a list of conditions that Planning Commission may want to include: Require that the parking lot entrance to County Road 75 be eliminated. This requirement is proposed because of the conflicts in traffic movement at that corner. As you know, west -bound traffic on County Road 75 signaling an intent to turn right onto Otter Creek Road can confuse drivers exiting the parking lot onto County Road 75. The exiting party does not know if the driver on County Road 75 is turning right at Conoco or right at Otter Creek Road. In addition, the County Road 75 access is relatively close to the Otter Creek Road intersection and is considered to be in a poor position according to the Wright County Engineer. Planning Commission Agenda - 10/7/92 Additionally, removal of this access point will reduce the turning movements onto County Road 75 and will result in a safer area for pedestrian crossing. As you know, during the summer months and school year, children frequently cross County Road 75 in this area. Any reductions that can be made to the turning movements onto the highway will enhance traffic Flow and reduce confusion, thus promoting safety. 2. Signage - Although the sign does not exceed the B-1 sign requirements, complaints from the neighbors regarding the brightness of the sign have been submitted to the City in the past. The existing Conoco sign is relatively large and bright. As a requirement of the conditional use pp. -mit, it could be required that the sign be reduced in size and that the illumination of the sign be somewhat subdued. 3. Landscaping - There are few trees on the site and no landscape plantings. At a minimum, the site should meet standard landscaping requirements. B. ALTE:KNATIVE ACTIONS: Motion to recommend approval of the conditional use permit allowing a convenience store to operate in a B-1 zone subject to the following: Conditions as noted in the zoning ordinance. 2. Other conditions as identified by the Planning Commission. Under this alternative, Planning Commission is satisfied that the proposal is consistent with the requirements of the zoning ordinance and the proposal, with the added conditions, will result in a facility that is consistent with the geography and character of the area, will not depreciate adjoining land values, etc. 2. Motion W deny the conditional use permit. Under this alternative, Planning Commission makes the finding that the conditionul use permit should he denied if it is found that the proposed development cannot meet the minimum requirements of a convenience store in a B-1 zone. This alternative could also be selected if the applicant is unwilling to comply with the conditions required by the Planning Commission. Planning Commission Agenda - 10/7/92 C. STAFF RECOMMENDATION: If Planning Commission supports the zoning ordinance amendment, then it follows that the conditional use permit should be awarded if the applicant agrees to comply with conditions. D. SUPPORTING DATA: Please refer to supporting data of previous agenda item. Planning Commission Agenda - 10/7/92 s. Public Hearina--Consideration of a variance reauest allowina sian area in excess of the maximum allowed. Consideration of a yariance Sa 1he siap setback along a public right-of-way. Applicant. Monticello -Big Lake Community Hospital. W.O.) A. REFERENCE AND BACKGROUND: The Monticello -Big Lake Community Hospital District would like to install a pylon sign near the intersection of Hart Boulevard and County Road 75/ Broadway. An 80 sq ft sign with 12 -inch letters is proposed. The sign as proposed would need a 30 sq f1 variance, as the ordinance limits signs on 30 mph thoroughfares to 50 sq ft. Due to the fact that Hart Boulevard merges with County Road 75 at a shallow angle, it is difficult to place a sign in the area outside of the existing parking lot without encroaching in the sign setback area. Thus, there is a need to encroach in the Hart Boulevard setback by 8 f1. Please see the map for detail. Sign Size Variance It is the view of the sign company salesman that 12 -inch letters are necessary to clearly communicate the message. In order to get the entire hospital district title on a sign using 12 -inch letters, one will need an 80 sq R sign. The City Planner visited the site for the purpose of assisting staff in determining whether or not the sign company's assertion is correct. After reviewing the site, the Planner concluded that the letters can be 8-10 inches and still have the intended impact, therefore, there are no grounds for a variance to the sign size requirement, In summary, it is the view of the City Planner that a hardship has not been demonstrated. Sign location Variance In this case, a hardship appears to exist. Due to the configuration of the streets adjacent to the site, the only place where Cho sign can be located in a manner meeting setback requirements is in the parking lot. Placing the sign in the parking lot is a poor alternative in an area that is already short on parking. The proposed location would place the sign 7 R firom Hart Boulevard. This location would require an 8-11 variance to the 15-f1 setback requirement. Planning Commission Agenda - 10/7/92 B. ALTERNATIVE ACTIONS: IA. Motion to approve a 31 sq ft variance request to the sign size maximum of 50 sq ft. 1B. Motion to deny a 31 sq ft variance request to the sign size maximum of 50 sq ft. 2A. Motion to approve an 8 -ft variance request to the 15 -ft minimum setback requirement. 2B. Motion to deny an 8 -ft variance request to the 15 -ft minimum setback requirement. C. STAFF RECOMMENDATION: The City Planner and staff recommend denial of the sign size variance request based on the finding that a hardship has not been demonstrated. Approval of this variance could result in a precedent that could impair the intent of the ordinance and thus reduce the future ability of the City to control sign size. Regarding the setback variance request, staff recommends approval. D. SUPPORTING DATA: Copy of the proposed sign; Map showing sign location. W HOWICELL4 BL HO'4'ITAL TEL:612-245-459 3 Sep 15 92 8:31 No .011`1 F.0 71 ,..tea ,.,.� ...► � 4 AIRMrICEt L 0 ,• �l.r. B/GLA,K,E�i/O.�p/TAL i, 1 '' '1�ir. �irRlrl`'siYrriw"' . ::.:.:..r_: t•,y}y� • ,rr/;.._,x.;:. iu.'.' .'�' � � a ,:,••"S 89•,20'1.4"E"�;.:��i i 4 !. 1. v 77 u'•tw I" 4 T ; d t CJ I• °'00 �}����-�- 1 � ,`L, , ` Z•• �.,py N.rn cam, 5 CL a 1 11);1rrr, /•c zL ,� 3• � 4Irgt� Fact, JJ $o•' w �., �� � � 1 1 � + 9.s A,r•SS Ro••.�a c,pll J � r m J 3. i/Ir•W11iC1 e 1 rJ71AC- 1b)_` 1 AI_ I 1'1 mnsignCo. O g I 4 Planning Commission Agenda - 10/7/92 Continped Public Hearing—Consideration of an amendment to a conditional use Permit which Would allow operation of a restaurant/areade, Aaalicant. Hillside Partnershlo. 4.6) A. REFERENCE AND BACKGROUND: Planning -Commission is asked to conduct-a-publichearing and review an application for an amendment to a conditional use permit which would allow a restaurant/arcade to operate in the 6th Street Annex. The application has been submitted by Judy Leming and Patty Olson of Edina Realty on behalf of the property owners and the potential tenant, Peter Norgren. Before launching into the agenda item, I would like to provide a bit of history. An application for an amendment to the original conditional use permit which would allow a restaurant was reviewed by the'Planning Commission some months ago. The Planning Commission recommended approval of a 1,900 square foot restaurant so long as 10 parking spaces were created. By adding 10 parking spaces, there would be no need for a variance, and the development would, therefore, meet the minimum parking standard. The City Council reviewed t.ho`recommendation and elected to deny the proposed amendment to the conditional use permit because of the concern that too many of the available parking spaces were in the rear of the structure and thus not in good position to serve the site. There was a fear that the overflow parking associated with a popular restaurant would end up on an already congested Cedar Street. The developer was not present to review this item with the Council, which might have hurt the chance for approval. PA.'S Pi=t Proaosal If you have ever visited a "Circus, Circus" or "Chuck E Cheese" pizza parlor/family entertainment center, you have a good idea of what is being proposed. Please review the attached business description for additional detail. It is proposed that P.J.'s Pizza be located in the center of the development as noted on the attached map. The space requirements in square feet are as follows: Restaurant - 1,700; Kitchen - 700; Arcade - 2,100. A maximum of 34 arcade machines is proposed. Planning Commission is asked to review the proposal and determine whether or not the operation will result in a negative impact on adjoining properties and determine conditions necessary to protect adjoining properties. Following is a review of factors to consider in your decision making. Planning Commission Agenda - 10/7/92 Parkine Imnact/Demand Parking appears to be the major factor affecting the decision. As you know, Cedar Street is often congested, therefore, the City needs to be careful not to introduce activity that will contribute to the problem. Following is a review of the parking demand created by the facility, followed by a potential plan for satisfying the demand. The parking demand created by the entire 6th Street Annex facility, including the proposed restaurant/arcade, amounts to 156 parking spaces. The existing parking spaces on the site amount to 132 spaces, which leaves a deficit of 24 spaces. Please see the attached worksheet for the formula used in calculating the demand. Following is the plan for making up the parking stall deficit. In the spring of 1993, the final lift of bituminous will be put in place, and the existing purking stall striping will be covered. It is proposed that the new striping include provisions for compact car parking. This will result in a net increase of 6 additional spaces. r The remaining deficit of 18 spaces would be accounted for via the "Proof of Parking" provision within the ordinance. Under this provision, the developer guarantees that he will develop 18 additional parking spaces as the need arises. This additional parking need would be defined by the City. The developer would provide the City with a certificate of deposit in an amount equal to the cost to install the additional parking area. If the developer does not install the additional parking as required by the City, then the City has the latitude to install it. The proof of parking areas can be found on the attached maps. Basically, 8 spaces can be developed along the southern boundary of the property, and 10 spaces can be developed along the northern boundary of the property. At both locations, landscape plantings now in place would have to be reinstated after development of the additional parking spaces. In addition, Cho parking along the northern boundary would require filling of the BN right- of -way ditch and installation of a storm sewer pipe. Of course, the entire cost to develop additional curb, bituminous surface, tree replacement, fill, and piping would be included in the amount provided to the City via the certificato of deposit provided by the developer. B. ALTERNATIVE ACTIONS: Motion IUi approve an amendment to the conditional use permit allowing a restauront/arcadc to operate at the 6th Street Annex site contingent on the following: Planning Commission Agenda - 10/7/92 a. The restaurant shall be limited to 1,700 square feet. b. The kitchen shall be limited to 700 square feet. C. The arcade shall be limited to 2,100 square feet. d. The number of arcade machines shall be limited to 34. e. The parking lot shall be re -striped to include compact car spaces and achieve an increase of 6 spaces to the present number (132). f. The developer shall enter into an agreement with the City guaranteeing potential development of at least 18 parking stalls. The timing of the development of the additional stalls shall be solely at the discretion of the City. The design of the additional parking stalls shall be consistent with city code. g. All existing landscape plantings removed with the installation of additional parking shall be immediately reinstated. .. , t , . ,a GI.,'„ , . . — 3AB h. A bike rack shall be installed nearby the entrance to the restaurant/arcade. i. The restaurant/arcade shall be located in the building in a manner that will allow direct access to both the front and rear parking areas. This alternative is based on the finding that the proposed addition of a restaurant to the site (17'X) is incidental to the'retail activities occurring at the site. The development as a whole continues to be retail in orientation. The additional traffic created by the restaurant/arcade use will not exceed the capacity of the roads or parking lot serving the site. Under this alternative, future development of the full complement of parking stalls could be staged to coincide with demand. At the same time, no variances to the parking stall requirement would be necessary. This alternative would require ongoing monitoring and review by stall. 1 2. Motion to approve an amendment to the conditional use permit allowing a restaurant/arcade to operate at the 6th Street Annex site but require that the full complement of parking be installed immediately. Under this alternative, it is proposed that the same conditions apply except that the additional parking stalls be constructed immediately. This alternative should be selected if the Planning Commission is not satisfied that the City will ultimately be able to require that the additional parking be installed when the need arises. 14 Planning Commission Agenda - 10/7/92 Motion to deny approval of an amendment to the conditional use permit allowing a restaurant/arcade to operate at the 6th Street Annex site based on the finding that the proposed use will create a negative impact on adjoining properties. This motion could be made based on the concern that the City parking requirements associated with the restaurantlarcade need further research, and perhaps allowing this facility to go in will ultimately result in a parking problem for the area once all of the retail sites are occupied. Parking problems could result in overflow parking occurring on Cedar Street. In addition, the proposal could be denied because the restaurant/arcade is not specifically mentioned as one of the retail uses in the PZM zone. It could be argued that the restaurant/arcade at 17% of the retail complex changes the nature of the development to the extent that it can no longer be considered a retail use. C. STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt alternative #1. It is our view that the proposed use and phasing in of required parking is the most reasonable alternative with the help of the City Planner. Staff has done fairly extensive research on parking demand created by this type of facility and found that our standards are relatively strict. We are confident that the total amount of parking required will be sufficient to handle the demand. The conditions attached to the proof of parking requirement will serve to preserve the original conditions of the conditional use permit issued in August of 1991. It also makes sense to allow additional parking to be phased in as the need arises. Perhaps our estimates of the need will be high. If this is the case, a significant amount of money on unneeded parking area will be saved. This is not to say that we will allow this type of phasing in to occur with every development. In this case it makes sense because of the current occupancy rate and the lack of experience with the impact on parking demand that might be created by a restaurantlarcade. 1). SUPPORTING DM: Copy of original conditional use permit terms; Two maps showing proof of parking areas; Parking demand analysis worksheet; P. J: s Pizza business proposal; Site plan showing tenant locations, CUP N w '14 ?I06CP COPY 4. Consideration of a conditional use request to allow retail/ commercial activities as listed in Chapter 12, Section 2, B-2, (limited business district) of this ordinance in a PZM (performance zone mixed). Applicant, 21st Century Builders. Assistant Administrator O'Neill informed Council that the Planning Commission has recommended that the conditional use permit be approved with a number of conditions. O'Neill noted that the original conditional use request issued to 21st Century Builders in May of 1990 had lapsed, and there are some substantial changes to the original site plan; therefore, the developer needs to obtain a new conditional use permit before proceeding on development of the structure. After discussion, a motion was made by Brad Fyle and seconded by Dan Blonigen to approve the conditional use permit request subject to the following conditions: 1. Development of final landscaping and berming plan creating effective transition between commercial and residential properties must be reviewed and hadapproved by the City Planner prior to issuance of a N building permit. A bond in the amount of 100% of C the cost to install landscaping shall be provided to the City prior to issuance of a building permit. 2. Development of a retaining wall shall be 1, accompanied by installation of a safety fence for 14 J the purpose of eliminating access to the edge of Council Minutes - 8/12/91 the retaining wall. The fence shall be made of weather -resistant material and be at least B feet high. 3. Prior to issuance of a building permit, drainage LQ0 and retaining wall construction plans shall be 1 approved by the City Engineer. nn , 4. The parking requirements are based on retail use of 11L the structure only. Restaurant use is allowed only with an amendment to the conditional use permit. ^;Vl 9. Grading and landscaping plan are to show a sidewalk located 1 foot off the property line and located on City right-of-way. C�a CJI -All code requirements relating to fire department O access to the rear of the structure shall be met. Motion carried unanimously. D I 9 CL 9 n�O 934.7) �+ • y 934.7 '� \ ;A • oye q�, J 9 I,.✓ . .92B • �g34 9i � o ` PIP, I �J•r / i a J.5 b REDUCER HYD.W ALVE 0 < a(934.e " Ix mo+dnum ,rdf. • \yG1��' � ♦R pR00P OP d 34 04 0\0 �NO 0 TE 4//IpGN gpf e l- 1, Inatf�I OIBB ) this site plan, UtUlty 1000tlant, pIa°e °� 00°4o dne, Rfrom exleting a o location and protection a required. Contract ,o'decpAe p P-,.. e"Y14 °°�,B o n power pole­,,north of ranrod 10, h; and west of Codw;Av&1 ,ia�Hlatwn / Montleello �u��RBM 0 O A,i eK 831.64 '90 9 .7.96 v r: fS�9'�3Z•86- i EXISnNG`_,,APARTMENr BUADING CHIANUN�1 (proposed) 1 9ho tg_.-- —/—fncr �ArCfiea St•. 417.94' R0P PROOF OF PARKING AREA Install eight parking spaces L Replace landscape plantings E / a+ 5 �(e i I`;; • Extend retaining wall maintaining J to I grade O TOTAL SO FT FOR EACH USE TOTAL SO FT MINUS 10% STALLS REQUIRED PER SO FT MAX. LICENSED GAME MACHINES STALLS REO. PER GAME MACHINE REDUCTION FOR RESTAURANT/ ARCADE OVERLAP* 'ARKING STALL DEMAND PER USE TOTAL PARKING STALL DEMAND PARKING SPACES AVAILABLE " FRONT - 99 REAR - 39 NET SURPLUS OR DEFICIT PROOF OF PARKING STALLS (10 PARALLEL SPACES ON N. SIDE) (8 HEAD -IN SPACES S. SIDE) NET STALL SURPLUS OR DEFICIT PARKING DEMAND ANALYSIS SIXTH STREET ANNEX SEPTEMBER 30, 1992 97.85 38.25 7.875 158 138 37 -18 18 0 4.725 ALLOWS A CREDIT OF 50% DUE TO OVERLAP OF USE BETWEEN RESTAURANT AND ARCADE CURRENTLY, 132 SPACES AVAILABLE, INCREASE OF SIX SPACES CAN BE ACCOMPLISHED IF A PORTION OF THE LOT IS RESERVED FOR COMPACT CARS. THIS REQUIRES RE -STRIPING IN THE SPRING OF 1993. The same facility with the same mix of uses: St. Cloud - 124; Edina, 137; .Aonticello - 158; Brooklyn Perk - 187; New Hope, 124-148 depending on mix of uses. 7.5 0 TYPES OF USES AMUSEMENT' CENTER LICENSED RETAIL RESTAURANT KITCHEN SO FT MACHINES 21700 1700 700 2100 NA 19530 1530 830 1890 NA 1/200 1/40 1/80 1/200 NA 30 0.5 50% 50% 97.85 38.25 7.875 158 138 37 -18 18 0 4.725 ALLOWS A CREDIT OF 50% DUE TO OVERLAP OF USE BETWEEN RESTAURANT AND ARCADE CURRENTLY, 132 SPACES AVAILABLE, INCREASE OF SIX SPACES CAN BE ACCOMPLISHED IF A PORTION OF THE LOT IS RESERVED FOR COMPACT CARS. THIS REQUIRES RE -STRIPING IN THE SPRING OF 1993. The same facility with the same mix of uses: St. Cloud - 124; Edina, 137; .Aonticello - 158; Brooklyn Perk - 187; New Hope, 124-148 depending on mix of uses. 7.5 0 PJ's Pizza Parlor Inc. 0 TABLE OF CONTEXTS o Introduction o Philosophy a City/County Profile A- 0 Dining e ----Pee= S_,* -i— "-eevt 0 marketing Techniques signs a susinese P+&!6 � east Anslysi a INTRODUCTION PJ's Pizza Parlor is established with the intentions of capturing the interest of the full range of population within the Monticello and surrounding areas. While PJ's Pizza Parlor will appeal to each age group individually, the main theme will be that of the family unit. It is our intention that this facility will offer clean, desired, family entertainment as well as affordable, enjoyable Italian/ American cuisine. While the past decade bears witness to the desirability of the Monticello area, little has been done or provided in the way of family entertainment. PJ's Pizza Parlor is expected to be received (_ favorably by the community particularly in light of current demographics (see: City/County Profile.) While the Monticello, Buffalo, and Big Lake areae host approximately six (6) pizza facilities (combined,) one third of them are take out only and the other two thirds offer no entertainment. PJ'a Pizza Parlor will offer the type of entertainment typically found in a •Chuck E Cheese" or "Circus, Circus" with two distinct differences: 1) Local Location (vs. St. Cloud or Brooklyn Park) 2) Scaled Down, Cleaner, Ouiter Atmosphere These factors, in addition to the convenient location, are intended to contribute to the desirability and success of this venture. D PHILOSOPHY It is our intention that PJ's Pizza Parlor will be viewed as a quality family and community focused entertainment/dining facility. To achieve this status, PJ's Pizza Parlor will take the following steps: 1) PJ's Pizza Parlor will use only the finest food products at the lowest available cost and; 2) will offer a quite dining atmosphere (ex: no loud music, no hard rock or rap music, no loud juke boxes etc.) 3) Selective Arcades: No pool tables, foosh ball tables, etc. 4) Bright, attractive atmosphere. 5) Periodic, (perhaps scheduled) children attractions such as Clown visits, balloons, etc. 6) Active sports participation and perhaps donations to increase ccmmunity participation in school activities. 7) Fun, safe childrens play area. PJ's Pizza Parlor will also actively discourage non-profitable loitering, profanity, and roughhousing. It is our opinion that, only by maintaining a desirable atmosphere will this venture be successful. Additionally, it is felt that by becoming actively involved in school sports activities and daycare activities PJ's Pizza Parlor could tap into a large portion of the local market aa of yet unrepresented. a DINING While Pi's Pizza Parlor will offer the finest in pizza and family entertainment in the Monticello and surrounding areas, we also recognize the necessity of segregating (for the most part) the Arcade area from the Dining area. Our design will be such that the Dining area will be sheltered from the noise of the Arcades with the exception of the children's area which will be visible (at least partly) to the dining area. The following Menu Items will be offered at Pi's Pizza Parlor: PIZZA: Ten (10") inch Fourteen (14") inch Thick Crust LASAGNA SALADS �_.. BREAD STICKS/SAUCE GARLIC BREAD GARLIC BREAD WITH MOZZARELLA CHEESE HOAGIES BAKED POTATOES PATTIE MELTS RUEBENS HOT DOGS CHIPS COFFEE/TEA/HOT CHOCOLATE/POP/MILK ETC. NOTE: This is not an all inclusive list. D7 ❑ ❑ D D D❑❑❑ ❑❑C ❑ E'V ❑ �► GON1JIL W. El / D❑❑ El o ❑ ❑ ❑1 El 00' ❑ F] El El ❑ �® El 7 El El MARKETING TECHNIQUES / SIGNS While Pi's Pizza Parlor will corner the market on local dining/family entertainment, we also realize the strong competitive impact Take -Out pizza will have on sales. PJ's Pizza Parlor may indeed offer a scaled down delivery service (ex: week -day lunch hours and perhaps three hours per evening,) but must also employ creative marketing techniques to ensure an appropriate through -population since that will be our primary focus. While these techniques will be utilized through -out the year, it is anticipated that the heavy marketing effort will take place during the school year since school hours will limit children accessibility. In addition to the normal obvious 'draws', Pi's Pizza Parlor will offer programs for, and possibly even discounts or donations to, the following type of activities: ACTIVITY TYPE: PURPOSE: Daycares o Daytime activities, �. primarily during school Birthdays o Daytime activities, Family entertainment Movies o Post -Movie crowds School Sports o Family/Community involvement • Football • Volleyball • Hockey • Tennis • Basketball • Swimming • Cross Country • Wrestling • Gymnastics Community Sporto o Community involvement 70 PROGRAMS: Programs could be developed for both Birthday and Daycare type of activities. These programs wuuld include festive plates and cups, helium balloons, party hats, etc. The ideal age group for this type of program would be the pre-school children. DISCOUNTS: PJ's Pizza Parlor could develop promotional type of discounts through other community businesses such as Maus Foods and the Monticello Theater. These programs may simply be a coupon for a discounted or -free food item for purchasing a certain volume of food items (Maus Foods) or for purchasing a ticket to a movie (Movie Theater.) This could prove to be a very effective means of advertising. Another effective discount program could be geared towards the members and teams of school sports. PJ's Pizza Parlor would work closely with the administrators and coaches of the school activities in an effort to get the teams to come to our facility as a post -game activity in return for discounted team/member prices. This is anticipated to also draw the parents and fans from many games and matches. DONATIONS: Another possible marketing technique could be that of donations. Again this would be geared around school activities and would take place on game nights. Two thoughts to this program are: o A pre -designated amount from each pizza (for non -team purchases) would be donated to the school for sports sponsorship. A donation 'JUG' located at the check-in counter clearly labelled as a donation for that particular sports activity. NOTE: The emphasis on Discounts and Donations for school 'sports activities would ensure the active participation and attendance of the teams and coaches. 0 FAMILY NIGHT:Pi's Pizza parlor would also like to dedicate one night per week as 'family night.,, During this night, The family unit will be the primary focus. This night would include such draws as festive atmosphere 6 music, clown visits, helium balloons, etc. 0 b Mq NOITHO • waOAD •aoarn. 1 0