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Planning Commission Minutes 08-04-1998 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, August 4, 1998 - 7 p.m. Members Present: Richard Carlson, Rod Dragsten, Roy Popilek and Robbie Smith. Also Present: Bill Fair and Council Liaison Clint Herbst Absent: Dick Frie Deputy City Administrator Jeff O'Neill opened the meeting in the absence of Planning Commission Chair Dick Frie. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO APPOINT RICHARD CARLSON TO SERVE AS ACTING CHAIR FOR THE MEETING. Motion carried unanimously. 2. Consideration of approval of minutes of regular meeting held July 7. 1998 and minutes of special meeting held July 7.1998 MOTION WAS MADE BY ROD DRAGS TEN AND SECONDED BY ROBBIE SMITH TO APPROVE THE MINUTES OF THE JULY 7, 1998 REGULAR MEETING AND THE JULY 7, 1998 SPECIAL MEETING. Motion carried unanimously. 3. Consideration of additional items to the agenda No items were added to the agenda. 4. Citizens Comments No comments from the citizens 5. Public Hearing - Consideration of a side yard variance for garage. Applicant Edward and Marla Hughes Fred Patch presented the staff report on the request by the property owner at 147 Hedman Lane for a variance in the 10' side yard setback requirements in order to construct a 22' x 30' garage. Since the residence was originally constructed without a garage it does not conform to the current Zoning Code. It was noted that there were instances in the same neighborhood where the City allowed variances for attached garages to be built 6' from the property line. The staff recommended approval of the variance request. Acting Chair Carlson opened the public hearing. No one was present to speak for or Page I . . . Planning Commission Minutes - 08/05/98 against the requested variance. Acting Chair Carlson closed the public hearing. The Commission discussed whether to allow construction of a garage with a width of 22' when a 20' wide garage could be constructed and still meet the setback requirements. The consensus of the board was that a structure 22' in width was not excessive. There was also discussion on whether the trees would remain. The property owner indicated it was their intention to keep the trees if possible. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO GRANT THE VARIANCE FOR A 2' REDUCTION IN THE 10' SIDE YARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF 22' X 30' GARAGE BASED ON FINDINGS #l, #2 AND #3 IN THE STAFF REPORT. Motion carried with Rod Dragsten voting in opposition. 6. Public Hearing - Consideration of a conditional use oermit for shared driveway. Applicant Blue Chip. Inc. City Planner Steve Grittman presented the staff report on the request for a conditional use permit for a shared driveway for the property at 206 Dundas Road. The shared driveway will facilitate truck movement and traffic to the site. Acting Chair Carlson opened the public hearing. Ken Lantto stated that the request for a shared driveway was because the number of driveway accesses for the property was limited to three. Acting Chair Carlson closed the public hearing. Rod Dragsten questioned how the shared driveway would be handled if either property was sold. Ken Lantto stated that was a legal question that would be addressed if any real estate transaction took place. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROBBIE SMITH TO APPROVE THE SIMPLE SUBDIVISION AND THE CONDITIONAL USE PERMIT FOR A SHARED DRIVEWAY IN AN 1-1 ZONING DISTRICT BASED ON THE FINDING THAT THE SHARED DRIVEWAY WILL REDUCE INDUSTRIAL TRAFFIC IMPACTS ON THE PUBLIC RIGHT-OF-WAY. Motion carried unanimously. 7. Public Hearing - Consideration of a preliminary plat and final plat and consideration of a side yard setback variance. Applicant Brian Worth and Bev Abrahamson. City Planner Steve Grittman provided background on the plat and variance request. It Page 2 . . . Planning Commission Minutes - 08/05/98 was pointed out that the staff recommended a replatting of the property in order to clear up title issues relating to the land and recommended the granting of the variance to recognize the existing conditions. No new parcels are created and no extension of services are required. Acting Chair Carlson opened the public hearing. Jan Larson and Deb Abrahamson were present and spoke in favor of the plat and variance request. Brian Worth representing the Worth estate also spoke in favor of the request. Acting Chair Carlson closed the public hearing. Roy Popilek questioned what would happen if either of the non-conforming structures were destroyed. The staff indicated that a new approval process would be required before rebuilding would be allowed. MOTION BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO APPROVE THE PRELIMINARY PLAT AND FINAL PLAT OF WORTH ESTATES BASED ON THE FINDING THAT NO NEW BUILDABLE PARCELS ARE CREATED AND THERE ARE NO NEW IMPACTS ON PUBLIC SERVICES. Motion carried unanimously. MOTION MADE BY ROBBIE SMITH AND SECONDED BY ROD DRAGSTEN TO APPROVE THE VARIANCE REQUEST FOR LOT 2 WITH THE CONDITION THAT ANY NEW CONSTRUCTION WILL BE SUBJECT TO A NEW APPROVAL PROCESS AND BASED ON THE FINDING THAT THE BUILDABLE AREA OF THE LOT IS RESTRICTED DUE TO SHORELAND SETBACKS AND THAT DEVELOPMENT PRECEDES APPLICATION OF CONTEMPORARY SETBACK REGULA TIONS. Motion carried unanimously. 8. Public Hearing - Consideration of a conditional use permit allowing a drive-through teller and canopv and consideration of a variance to setback standards. Aoplicant First Minnesota Bank. NA City Planner Steve Grittman presented the staff reported noting that in the CCD district banks are a permitted use but drive-through facilities require a conditional use permit. The applicant is also requesting two variances for the site. One variance is for a reduction of 8' in the 20' width required to accommodate a landscape buffer. The second variance is a reduction from 5' to I' for parking setback. Steve Grittman also noted that there is a clause in the ordinance which allows for contribution to the downtown parking fund but the city has not utilized that provision yet. Page 3 . Planning Commission Minutes - 08/05/98 Acting Chair Carlson opened the public hearing. Dick VanAllen questioned the entrance location of the proposed facility and expressed concerns about entering and exiting onto TH 25 as well as adding to the traffic congestion on TH 25. Jerry Clement whose residence is on the east side of the proposed site asked about the buffer, the size of the fence and also expressed his concern about the traffic noise generated from this site. Rick Keillor, architect for First Minnesota Bank, spoke to the commission addressing the parking on the south side of the building, the required handicapped parking and screening for the storage area in the back. It was asked if angle parking had been considered instead of parallel parking. Both Kevin Doty and Rick Keillor spoke about the layouts that had been considered in attempting to meet the zoning requirements. Rita Ulrich of DAT spoke noting that the site doesn't allow for off-site parking and she would like to see the applicant have as much parking as possible on site as long the area is well landscaped. Acting Chair Carlson closed the public hearing. . Roy Popilek asked if making the entrance from TH 25 one way only would allow enough space to meet the requirements for handicap parking and asked how the use of angle parking would affect the parking requirements. Steve Grittman responded that angle parking might provide better traffic circulation but parking spaces would be lost. Other commission members also noted their concerns about exiting and entering onto TH 25 from the site. Steve Grittman explained that if the applicant meets the requirement that the building occupies not less than 40% of the site, it takes away from the area they can utilize for parking spaces. Kevin Doty asked if the canopy space was considered part of the building and if the canopy area had been figured in that 40%. Steve Grittman responded that the canopy area over the drive-through facility, which is approximately 800 feet had not been included. Jerry Clement asked how many of the parking spaces would be used by bank employees. Kevin Doty indicated that they did not anticipate more than 9 of the parking spaces would be used by bank employees. The commission also discussed whether the site could meet the tree planting requirements of 8 trees as well as the screening requirements. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROBBIE SMITH TO TABLE THE CONDITIONAL USE PERMIT IN THE CCD ZONING DISTRICT FOR DRIVE-UP BANK FACILITIES FOR A PERIOD OF ONE MONTH TO WORK OUT THE ISSUES OF P ARKlNG SPACES AND LANDSCAPING. . Page 4 . Planning Commission Minutes - 08/05/98 Acting Chair Carlson asked the applicant about his time frame for development of the site. Kevin Doty indicated that they would like to start construction yet this fall. The Planning Commission discussed setting a special meeting to deal with the issues of parking, landscaping and whether the canopy over the drive-through facility should be included in the 40%. There was additional discussion on the whether the canopy area should be included. Since the canopy has value as a structure for tax purpose it would give credence to including it as part of the building. Acting Chair Carlson asked Rod Dragsten to amend his motion to address setting a specific meeting date on this item. The commission reviewed the items to be resolved: 1 )meeting the 40% building area if canopy area is included; 2) meeting the 5' setback requirement, and 3) screening requirements. ROD DRAGSTEN AMENDED HIS MOTION TO TABLE THE ACTION ON THE CONDITIONAL USE PERMIT UNTIL AUGUST 24, 1998. ROBBIE SMITH SECONDED THE AMENDED MOTION. There was further discussion and Rod Dragsten agreed to withdraw his motion. . ROBBIE SMITH MOVED TO APPROVE THE CONDITIONAL USE PERMIT WITHIN THE CCD ZONING DISTRICT TO ALLOW A DRIVE-UP FACILITY FOR A BANK SUBJECT TO CONDITIONS #1-#6 LISTED IN EXHIBIT Z OF THE STAFF REPORT. ROY POPILEK SECONDED THE MOTION. Motion carried with Rod Dragsten voting in opposition. ROBBIE SMITH MOVED AND ROD DRAGSTEN SECONDED THE MOTION TO APPROVE THE VARIANCE TO THE 20' OPEN SPACE REQUIREMENT ON THE EAST PROPERTY LINE BASED ON THE FINDINGS THAT THE SCREENING REQUIREMENT MAYBE MET BY A LESSER SETBACK AND THAT THE PROJECT WOULD MEET THE INTENT OF THE DOWNTOWN REVITALIZATION PLAN AND SUBJECT TO SUBMITTAL OF A LANDSCAPING PLAN THAT INCLUDES A FENCE. Motion carried unanimously. . ROD DRAGSTEN MOVED AND ROBBIE SMITH SECONDED THE MOTION TO DENY THE FIVE FOOT SETBACK FOR PARKING FACILITIES ON THE SOUTH PROPERTY LINE BECAUSE IT IS POSSIBLE FOR THE APPLICANT TO MEET THE 5' SETBACK IF THE SITE PLAN IS DESIGNED TO MEET LOT COVERAGE STANDARDS AND SOME OF THE PARKING IS REPLACED BY A CONTRIBUTION TOWARD PUBLIC PARKING AREAS. Motion carried unanimously Page 5 . . . Planning Commission Minutes - 08/05/98 The Planning Commission noted that inclusion of canopy as part of the 40% building area will be included in the findings for the conditional use permit. The commission considered the request by the bank for a temporary structure during construction of the facility and did not have a problem with a temporary structure. 9. Public Hearing - Consideration of a 55 lot subdivision and consideration of front yard variance. Applicant John E. Chadwick. LLC and Residential Development. Inc. City Planner Steve Grittman present the staff report on the proposed development consisting of 55 single family lots. The applicant is also requesting a variance in the front yard setback from 30' to 25' with the variance to apply to those lots who back the storm water ponds. The staff recommendations included that a second access connecting to Gillard Avenue be provided and also that the offset intersection be eliminated. In discussing the variance request Steve Grittman noted that the reasons for the variance was to preserve the existing trees and keep grading to a minimum. The staff felt it was a trade off between the saving front yard trees or rear yard trees. The commission addressed questions to Steve Grittman concerning the pond, area of tree locations, and related items. Acting Chair Carlson opened the public hearing. Garth Holley raised questions about 1) drainage issues especially in the lower end of the complex; 2) efforts to save existing trees. Dick VanAllen a resident in the River Mill development also expressed concern about drainage issues asking if the stormwater holding ponds were adequately designed to handle the fUnofffrom the area. Deputy City Administrator Jeff O'Neill indicated that the engineer had reviewed this and had not noted any design concerns on the holding ponds. Other residents commented on items pertaining to drainage including whether all pipe and culverts were adequately sized, erosion control especially if the trees are removed, the traffic generated by the development and the need to preserve the existing trees. Richard Bloom representing the applicant spoke addressing some of the questions residents had concerning the storm drainage. He noted that a portion of the proposed development drained to the River Mill Addition and the runoff from the balance of the proposed development would be handled by the stormwater holding ponds which are of sufficient capacity to handle the flows. A total of 9 lots back the stormwater ponds and the variance would apply only to those lots. Mr. Bloom did not favor a second connection to Gillard Avenue. He stated that it would impact more homes than having just the northerly connection. Residents questioned what efforts would be made to preserve the existing trees. It was Page 6 . . . Planning Commission Minutes - 08/05/98 noted that once the property is sold to individuals it is hard to govern what that individual does. It was asked if it was realistic for the city to request that the trees in the area of the property line easement be retained. A resident also suggested that east end of the development where the bluff is located should also be considered as an area for tree preservation. Residents asked about the decision to have a second access to Gillard Avenue at the south end of the plat rather than the trail access that was shown. Steve Grittman responded that recommendation was based on an effort to reduce accident potential. Additional accesses are usually made to accommodate traffic and emergency vehicles. After all residents had the opportunity to comment on the proposal, Acting Chair Carlson closed the public hearing. The Planning Commission stated that drainage from the proposed development should not impact the adjacent properties in greater volume than it currently does. The commission also discussed traffic onto Gillard A venue. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO APPROVE THE PRELIMINARY PLAT BASED ON FINDINGS THAT THE PROPOSED PLAT IS IN COMPLIANCE WITH THE CITY COMPREHENSIVE LAND USE PLAN AND THE CITY'S ZONING AND SUBDIVISION ORDINANCE AND WITH THE CONDITIONS #1, #2, #4, #5 AS CONTAINED IN EXHIBIT Z OF THE STAFF REPORT AND THE ADDITION OF ITEMS STATING THAT: 1) RUNOFF FROM THIS DEVELOPMENT WILL NOT DRAIN ONTO ADJACENT PROPERTIES IN VOLUMES GREATER THAN WHAT CURRENTL Y EXISTS AND TO TAKE NECESSARY STEPS TO LIMIT EROSION AND THAT 2) SITE PLAN FOR INDIVIDUALS LOTS MAYBE REVIEWED BY THE CITY ENGINEER AT THE DISCRETION OF THE CITY STAFF. Motion carried unanimously. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROY POPILEK TO DENY THE REQUEST FOR A VARIANCE FOR A REDUCTION IN THE FRONT YARD SETBACK BASED ON THE FINDINGS THAT THE SITUATION DOES NOT MEET THE CRITERIA LISTED IN THE SUBDIVISION ORDINANCE FOR ALLOWING A VARIANCE. Motion carried unanimously. 10. Public Hearing - consideration of a conditional use permit for a PUD (Planned Unit Development ) anlendment. Applicant Monticello-Big Lake Hos-pital. City Planner Steve Grittman gave the staff report on the proposed amendment. Since Page 7 . . . Planning Commission Minutes - 08/05/98 the PUD was approved the hospital has acquired additional property which is intended to be used for parking and would provide 79 parking spaces. The acquisition of the land necessitated the amendment for the PUD. Steve Grittman noted that conditions # 1 and #2 in the staff report had been met. The hospital is working on the indemnification and hold harmless agreements regarding the vacation of Hart Boulevard but they did not feel that issuance of permits should be held up because of this item. It was also reported that no agreement had been reached on the alignment of the pathway area. Acting Chair Carlson opened the public hearing. Barb Schwientek representing the Monticello-Big Lake Hospital spoke explaining the hospital's parking needs. The land acquired will be used as primary parking during the construction phase and auxiliary parking until such time as the proposed parking ramp is completed which may be 3-5 years. Steve Andrews spoke in support of the hospital's effort to minimize the impact on the neighbors. Acting Chair Carlson then closed the public hearing. The commission reviewed traffic issues and landscaping requirements. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROBBIE SMITH TO APPROVE THE CONDITIONAL USE PERMIT FOR A PUD AMENDMENT WITH CONDITIONS #1 AND #2 IN EXHIBIT Z OF THE STAFF REPORT BEING MET AND CONDITIONS #3 AND #4 LEFT TO BE MET AND BASED ON THE FINDING THAT THE AMENDMENT IS GENERALLY CONSISTENT WITH THE ORIGINAL PUD APPRO V AL AND THAT ADDITIONAL PARKING WILL REDUCE NEGATIVE IMPACTS ON ADJOINING PUBLIC STREET AND PRIVATE PROPERTY FROM THE RESULTING TRAFFIC. Motion carried unanimously. 11. Public Hearing - Consideration of an amendment to the City Zoning code to provide standards for the erection of governmental signs in residential districts. Applicant City of Monticello. Deputy City Administrator, Jeff 0' Neill made the presentation on the proposed amendment. The amendment stems from the request of the high school for an electronic reader board. The current ordinance does not have a provision for that type of sign in that zoning district. The proposed amendment would regulate "public sign" size and height based on speed of adjacent highway. Since public signs would be limited to city, county, state and school the staff did not feel this ordinance amendment would create a proliferation of this type of sign. Acting Chair Carlson opened the public hearing. No one was present to speak on this Page 8 . . . Planning Commission Minutes - 08/05/98 item and Acting Chair Carlson closed the public hearing. Rod Oragsten felt the whole sign ordinance should be revisited as far as where reader signs should be allowed. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROY POPILEK TO APPROVE THE AMENDMENT TO THE ZONING CODE TO PROVIDE STANDARDS FOR THE ERECTION OF PUBLIC SIGNS IN RESIDENTIAL DISTRICTS BASED ON THE FINDING THAT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND CONSISTENT WITH THE CHARACTER OF RESIDENTIAL NEIGHBORHOODS AND THAT THERE IS A COMPLETE REVIEW OF THE SIGN ORDINANCE WITHIN NINE MONTHS. Motion carried unanimously. 13. Public Hearing - Consideration of a side yard variance for garage. Applicant Shade Tree Construction Fred Patch provided the staff report on the variance request for the property at 4753 Pebblebrook Drive. An error was made on the land survey which resulted in the garage being built 8' from the property line instead of the required 10'. At the last Planning Commission meeting it was suggested to provide a buffer consisting of five trees in addition to the two boulevard trees. The staff was recommending that the variance be allowed subject to the planting requirements. Acting Chair Carlson opened the public hearing. The surveyor for Shade Tree Construction was present. He asked for clarification on the planting requirements and indicated that there was no problem complying with the planting requirements. Acting Chair Carlson then closed the public hearing. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROD DRAGS TEN TO ALLOW A VARIANCE FOR A 2' REDUCTION IN THE SIDE YARD SETBACK AND TO PROVIDE BUFFER YARD PLANTINGS AS NOTED IN THE STAFF REPORT. Motion carried unanimously. 12. Continued Public Hearing - Consideration of a zoning map amendment from Agricultural to R-PUD for Wild wood Ridge Subdivision. Applicant Darrel Farr. City Planner Steve Grittman reported that the plan has been reviewed and that the orderly Page 9 . . . Planning Commission Minutes - 08/05/98 annexation hearing is scheduled for 8/5/98. The staff recommends approval of the change in zoning. MOTION WAS MADE BY ROD DRAGS TEN AND SECONDED BY ROY POPILEK TO APPROVE THE CHANGE IN ZONING DESIGNATION FROM AGRICUL TURAL TO R-PUD CONTINGENT UPON APPROVAL OF THE ORDERL Y ANNEXATION AND FINAL PLAT APPROVAL BY THE CITY COUNCIL. Motion carried unanimously. 14. Consideration of recommendations to City Council regarding Park Dedication Fees. Fred Patch summarized the fee study that had been done and the commission discussed the findings and the recommendations of the staff. While the Planning Commission received the information on all the fees, the staff was asking for their recommendation specifically on the park dedication fees. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO RECOMMEND TO THE CITY COUNCIL THAT PARK DEDICA nON FEES BE INCREASED TO $750/LOT EFFECTIVE FOR ALL FINAL PLATS RECORDED AND FILED AS OF 1/1/99. 15. Consideration of Pylon Monument sign for Cub Foods. Applicant Cub Foods. Fred Patch provided the staff report on the sign request for Cub Foods. The sign would allow space for signs for Cub, Hallmark and a future tenant. The sign would run perpendicular to TH 25 and be in the approximate location of the old Monticello Mall SIgn. MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROD DRAGSTEN TO APPROVE THE PYLON MONUMENT SIGN FOR CUB FOODS AS APPROVED BY THE MONTICELLO DESIGN ADVISORY TEAM. Motion carried unanimously. 16. Consideration of a resolution finding St. Benedicts Home congregate care housing development is consistent with the Comprehensive Plan for the City. City Planner Steve Grittman provided the background for this agenda item pointing out that passage of the resolution is a statutory requirement for tax increment financing. Page 10 . . . Planning Commission Minutes - 08/05/98 MOTION WAS MADE BY ROBBIE SMITH AND SECONDED BY ROY POPILEK TO APPROVE THE RESOLUTION FINDING THAT THE ST. BENEDICTS HOME CONGREGA TE CARE HOUSING DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY. Motion carried unanimously. There being no further business the meeting was adjourned. (0",) 'c.\ \, r~ <....>-...,.-'.).--,." ',-,/ ~~..)..."-~." :;)..~~.s~t. Recording Secretary Page 11