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Planning Commission Minutes 09-01-1998 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, September 1, 1998 - 7 p.m. Members Present: Richard Carlson, Rod Dragsten, Dick Frie, Roy Popilek and Robbie Smith Also Present: Bill Fair and Council Liaison Clint Herbst Absent: None 2. Consideration of approval of minutes of regular meeting held August 4. 1998. MOTION WAS MADE BY ROD DRAGSTEN AND SECONDED BY ROY POPILEK TO APPROVE THE MINUTES OF THE AUGUST 4, 1998 REGULAR MEETING WITH THE CORRECTION ON PAGE 2 OF THE MINUTES THAT ROY POPILEK SECONDED THE MOTION ON GRANTING THE VARIANCE AND ROD DRAGSTEN VOTED IN OPPOSITION ON THE MOTION. Motion carried unanimously. 3. Consideration of additional items to the agenda. Chair Frie requested that if there was time at the end of the meeting, he would like an brief explanation of procedures for working in the easement. 4. Citizen Comment None 5. Consideration of revisions to preliminary plat of River Forest (formerly The Forest) Subdivision. Applicant John E. Chadwick. LLC. Jeff O'Neill presented the staff report on the revisions to the preliminary plat. The removal of a portion ofthe River Mill 4th Addition land eliminated a cul-de-sac. Chair Frie opened the public hearing. Lois Bauer spoke expressing her concern about the use of Gillard A venue and related safety issues. She noted that the plat entrance comes onto Gillard A venue at the break of the hill which she felt was a hazardous situation. It was suggested that she talk to the township officials about the procedure for having a stop sign placed on Gillard Avenue. Chair Frie closed the public hearing. Roy Popilek asked if the revisions to the plat affected drainage or ponding. Richard Bloom representing the developer stated that they had made some modifications to the plat to address the concerns about off-site drainage that were raised in earlier Planning Commission action on the plat. Mr. Bloom also noted that because the lowest floor elevation of the homes in 1 . Planning Commission Minutes - 9/1/98 the addition could not be any lower than the high level of the holding pond it did require some additional grading work around the pond area.. Chair Frie asked whether the park dedication fee for this development was land or cash. The park dedication fee for this plat was cash in lieu of land. ROBBIE SMITH MOVED AND RICHARD CARLSON SECONDED THE MOTION TO APPROVE THE REVISED PRELIMINARY PLAT OF RIVER FOREST SUBJECT TO THE FOLLOWING CONDITIONS: 1. LOTS THAT ARE LOCATED ON A CURVE HAVE THE WIDTH OF THE LOT LABELED AT THE BUILDING SETBACK LINE AND THE WIDTH IS AT LEAST 80 FEET. 2. PROPOSED STREETS ARE NAMED. 3. ONE STREET ACCESS IS PROVIDED CONNECTING THE SPINE ROAD TO GILLARD A VENUE. OUTLOT A SHALL PROVIDE A PAVED TRAIL ACCESS ONL Y FROM FOREST CIRCLE TO GILLARD A VENUE. 4. THE OFFSET INTERSECTION IS ELIMINATED. . 5. A TRAIL IS PROVIDED ALONG THE SIDE PROPERTY LINE OF LOT 6 CONNECTING THE SPINE ROAD WITH THE RIVER MILL PARK. 6. THE FRONT YARD SETBACK IS THIRTY FEET. Motion carried unanimously. 6. Consideration of a request for a preliminary plat. Applicant: Church of St. Henry. Steve Grittman presented the staff report noting that this plat had been submitted as part of a planned unit of development and one of the conditions of the PUD was that St. Henry's plat the property. The outlots shown on the plat were designated for drainage and slope easements. The senior housing will be located on Lots 2 & 3, Block 1 and will have their access to 7th Street via a private driveway. Chair Frie opened the public hearing. There was no one present who spoke on the request and Chair Frie closed the public hearing. In discussion of the proposal, the park relocation issue was raised. Chair Frie asked what the time frame was for this project. John Olson representing St. Henry's indicated that the church would like to start grading in October. The use of the outlots and the presence of an utility easement in the plat were also discussed. . 2 . . . Planning Commission Minutes - 9/1/98 ROD DRAGSTEN MOVED AND RICHARD CARLSON SECONDED THE MOTION TO APPROVE THE PRELIMINARY PLAT FOR THE CHURCH OF ST. HENRY BASED ON A FINDING THAT THE PLAT IS IN COMPLIANCE WITH THE APPROVALS GRANTED AS A PART OF THE PLANNED UNIT DEVELOPMENT PROCESS. Motion carried unanimously. 7. Consideration of a request for a conditional use permit within the CCD Zoning District to allow a drive-up banking facilitv. Applicant: Marquette Banks. Steve Grittrnan presented the staff report explaining that the bank is building a new structure and that is a permitted use in the CCD but the drive-through facility requires a conditional use permit. Mr. Grittman also addressed the 40% lot coverage requirement and the use of the canopy area to meet that requirement. The applicant could meet the 40% coverage requirement by converting five parking spaces to plaza area and expanding the canopy area over the drive-through lanes. Otherwise the applicant would need to request a variance in the lot coverage requirement. The applicant was also requesting approval of a temporary facility during the construction period. Chair Frie opened the public hearing. Mr. Boarman, architect for Marquette Bank, presented a model of the building and discussed the lot coverage requirement. In order to meet the lot coverage requirement, the applicant was proposing to expand the canopy area and to reduce the total lot area by taking a portion of this lot and combining it with an adjacent lot also owned by the applicant. It was proposed that this be done by a simple subdivision procedure which would require Planning Commission and Council review but no public hearing. Chair Frie closed the public hearing. Rod Dragsten asked what the dimensions ofthe adjacent lot would be if a simple subdivision was done. Presently the lot dimensions are 66' x 165'. With the land taken from the building site lot the revised lot dimensions would be approximately 100' x 165'. The Planning Commission discussed the area of the roof canopy and the lighting plan for the facility. Jeff O'Neill asked about the 7' right-of-way for pedestrian use and whether it would be retained by the developer or deeded to the city. Mr. Boarman stated that the building had been sited to allow for the pedestrian and roadway easement and no variances were required for this property. DICK FRIE MOVED AND ROBBIE SMITH SECONDED THE MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR MARQUETTE BANKS FOR A DRIVE UP BANKING FACILITY SUBJECT TO: 1. SITE PLAN AMENDMENTS TO ILLUSTRATE COMPLIANCE WITH THE 40% LOT COVERAGE REQUIREMENT. 2. APPROVAL OF TEMPORARY FACILITY FOR A SIX MONTH PERIOD. 3 . . . Planning Commission Minutes - 9/1198 3. ESTABLISHING A 7' PEDESTRIAN EASEMENT ON WALNUT AVENUE. Motion carried unanimously. RICHARD CARLSON MOVED AND ROY POPILEK SECONDED THE MOTION TO APPROVE A SIMPLE SUBDIVISION WITH THE ADJACENT LOT TO THE WEST OF THE BANK SITE BOTH LOTS CURRENTLY BEING UNDER THE SAME OWNERSHIP WITH THE LOT AREA TO BE ADJUSTED SO THAT THE 40% COVERAGE REQUIREMENT FOR THE BUILDING SITE COULD BE MET. Motion carried unanimously. 8. Consideration of a request for an amendment to the PZM Zoning District. or in the alternative. an amendment to the zoning map to B-3 from PZM. to allow restaurant use. Applicant: MMC Land Company. Steve Grittman presented the staff report and showed on the current zoning map the area in question. The city is considering a proposal for a restaurant to locate in this area. The PZM District includes commercial uses which are allowed in the B-1 and B-2 Districts but restaurants are not an allowed use. The zoning map could be amended to establish a B-3 District for this area or the language for the PZM District could be amended so that restaurants could be included as conditional use. If the Planning Commission felt that restaurants are appropriate for this area, the staff would recommend rezoning of the property rather than amending the text for the PZM District. Chair Prie opend the public hearing. Jim Coen, representing MMC Land Company spoke on behalf of the proposal. Chair Frie then closed the public hearing. The Planning Commission asked about the intended use of Lots B & C. The developer has been approached about the possibility of a bank situating there. Lot A is the proposed site of the restaurant. Although the developer currently owns all the lots it is proposed to either sell them for development or build to suit. The City had not received any comments from adjacent property owners concerning the proposal. Mr. Coen indicated that Wright County had given approval to the proposed access for the site. Access to County Road 75 will be a right in and right out. Signage for the site was also discussed. Jeff O'Neill noted that the sign size that would be allowed would be comparable to that of Liberty Bank also located in this area. There was discussion on whether this use was consistent with the area or whether it could be considered spot zoning. It was pointed out that Hawkes Bar is zoned B-3 and this site is contiguous to Hawkes Bar. It was suggested that as a future agenda item the Planning Commission may want to look at the PZM District. DICK FRlE MOVED AND ROY POPILEK SECONDED THE MOTION TO RECOMMEND APPROVAL OF A ZONING MAP AMENDMENT WHICH WOULD 4 . . . Planning Commission Minutes - 9/1/98 ESTABLISH A B-3 DISTRICT ON THE LAND SOUTH OF THE PROPOSED INTERNAL STREET, BASED ON A FINDING THAT SURROUNDING LAND USES AND ZONING PATTERNS PROVIDE SUPPORT FOR THIS REZONING IN ACCORDANCE WITH THE OBJECTIVES OF THE CITY'S COMPREHENSIVE PLAN. RICHARD CARLSON AMENDED THE MOTION TO STATE THAT LOTS G & F WILL REMAIN ZONED PZM. ROBBIE SMITH SECONDED THE AMENDMENT. The amendment passed unanimously. The motion passed unanimously. 9. Consideration of a request for an amendment to a conditional use permit PUD within the CCD Zoning District to allow Cub Foods to install a drive-uo window for its pharmacy. Apolicant: Cub Foods. Steve Grittman presented the staff report on the request for a drive-up window for the Cub Food pharmacy addressing in his report staff concerns about traffic circulation patterns. Mr. Grittman reviewed with the Commission the site plan and the revisions that were proposed to the site plan. Site Plan C was recommended by the staff for approval. Chair Frie opened the public hearing. Kent Dahlen representing Cub Foods spoke stating that Site Plan B was the alternative that was preferred by Cub Foods. He also explained that this is the first Cub Food to have the drive-in pharmacy feature so there was no data on how it would work. It was felt that at the most 40 cars a day may use the drive-up facility. At anyone time 2-3 cars could utilize the drive-up facility. The Planning Commission discussed the impact on other traffic if traffic at the drive-up facility was backed up. The canopy area of the drive-up and signage was brought up as well. ROBBIE SMITH MOVED AND RICHARD CARLSON SECONDED THE MOTION TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A PHARMACY DRIVE-UP WINDOW FOR CUB FOODS CONTINGENT ON THE SITE PLAN BEING REVISED PER EXHIBIT B TO RESOLVE POTENTIAL TRAFFIC CIRCULATION CONFLICTS AND THAT THE CONDITIONAL USE PERMIT IS FOR USE OF THE DRIVE-UP FOR PHARMACY PURPOSES ONLY. FUTURE PROPOSED CHANGES TO THE USE OF THE DRIVE-UP WILL REQUIRE AMENDMENT TO THE CONDITIONAL USE PERMIT. DICK FRIE MOVED TO AMEND THE MOTION TO INCLUDE EXTENSION OF THE CANOPY AND SIGNAGE AS APPROVED BY THE DESIGN ADVISORY TEAM. The amendment passed unanimously. The motion passed unanimously. 5 . . . to. Planning Commission Minutes - 9/1/98 Consideration of a request for a conditional use permit for a commercial laundry pick up and beauty shop. a conditional use permit for a residential structure of more than two units. a conditional use permit for combined commercial and residential uses in one building. a variance from building setbacks. a variance from parking setbacks. and a variance from the prohibition to off-street parking within the public right-of-way all within the PZM Zoning District. Applicant: Pat & Susie Townsend. Steve Grittman presented the staff report eXplaining the reasons for the three conditional use permits requested as well as the three variances. The PZM District allows a mix of residential and commercial uses but separates the uses on different floors. The applicant's proposal included both commercial and residential uses on the first floor. Chair Frie opened the public hearing. Pat Townsend submitted a layout for the site and eXplained what he was proposing to do. He noted that he has a corner lot and had submitted his original proposal based on Maple Street being his lot front. He later learned that Broadway is considered his lot frontage. Jim Herbst a property owner in the area spoke and expressed his reservations about allowing business uses in an established residential neighborhood citing the impact it could have on the property values. Chair Frie closed the public hearing. While using Maple Street as the lot front would lessen the number of variances the proposal would require, the Planning Commission did not feel that there should be a change to the definition of front yard as it exists in the zoning ordinance. It was noted by the property owner that the existing fence is 6" from his property line. The existing garage on the adjacent lot which encroaches into the setback area is an existing non- conforming use. The Planning Commission considered whether this property was in the commercial transition area. Since the Planning Commission had not seen the layout of the property until the meeting it did not give them adequate time to review the information. Chair Frie asked the applicant the time frame he had in mind for this proposal. Mr. Townsend indicated that as far as scheduling contractors delaying action on the proposal would create problems. Chair Frie also asked if the issues of lighting and signage had been addressed. Richard Carlson asked about the parking spaces required noting that there appeared to be three covered spaces and four open spaces that could be utilized for parking. Steve Grittman indicated that ten parking spaces would be the requirement for the five living units and some additional spaces would be required for the commercial uses. The consensus of the Planning Commission was to table action on this to allow the property owner time to rework his design and to work out the parking requirements. RICHARD CARLSON MOVED AND ROBBIE SMITH SECONDED THE MOTION TO TABLE UNTIL THE NEXT REGULAR PLANNING COMMISSION THE 6 . . . Planning Commission Minutes - 9/1/98 CONDITIONAL USE PERMIT FOR 1) SERVICE COMMERCIAL USES IN A PZM ZONE; 2) MIXED RESIDENTIAL AND COMMERCIAL USES IN A PZM ZONE; AND 3) RESIDENTIAL USES WITH MORE THAN TWO UNITS IN A PZM ZONE PENDING ADDITIONAL INFORMATION. Motion carried unanimously. ROBBIE SMITH MOVED AND ROY POPILEK SECONDED THE MOTION TO DENY THE REQUEST FOR: 1) A VARIANCE FOR REAR YARD SETBACK FROM 30 FEET TO 10 FEET IN A PZM ZONE; 2)A VARIANCE IN THE PARKING LOT SETBACK FROM 5 FEET TO 0 FEET IN A PZM ZONE; AND 3) A VARIANCE FROM THE REGULATIONS PROHIBITING PUBLIC RIGHT -OF- WAY USE FOR PRIV A TE Off -STREET PARKING BASED ON THE FINDING THAT THERE IS ADEQUATE BUILDABLE AREA ON THE SITE AND THAT THERE IS NO HARDSHIP IN PUTTING THE PROPERTY TO REASONABLE USE IN FULL CONFORMANCE WITH A PERFORMANCE STANDARD. Motion carried unanimously. 11. Consideration to approve a resolution finding that the modified Redevelopment Plan for Central Monticello Redevelopment Project No.1 and the TIF Plan for TIF District No. 1-25 conform to the general plans for the development and redevelopment of the City. Chair frie asked if HRA had addressed this and the staff informed the Planning Commission that HRA was supportive ofthe project. ROBBIE SMITH MOVED AND ROY POPILEK SECONDED THE MOTION TO APPROVE THE RESOLUTION FINDING THAT THE MODIFIED REDEVELOPMENT PLAN fOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND THE TIF PLAN FOR TIF DISTRICT NO. 1-25 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. Motion carried unanimously. 12. Consideration of an amendment to the City's Zoning Map. This item is a result of recent concept plans for the area along the westerly extension of 7th Street. There was staff discussion as to whether the current zoning for the property is appropriate. Steve Grittman pointed out the area under consideration. The Planning Commission felt that residential use was probably not appropriate and that perhaps commercial or light industrial might be more suitable. Richard Carlson felt that when the Planning Commission looked at this, they should look at the whole area and not just the parcel covered in the proposal. 7 . . . DICK FRIE MOVED AND ROBBIE SMITH SECONDED THE MOTION TO HOLD THE ISSUE OVER FOR ADDITIONAL DISCUSSION AND ALLOW THE STAFF TO MEET WITH STAR BUILDERS AND BRING IT BACK TO THE PLANNING COMMISSION. Motion carried unanimously. Fred Patch at this time briefly explained the procedures utility companies use when conducting work in the easement area. Richard Carlson questioned why the Planning Commission packet did not include a copy of the site layout on the Townsend property. He felt not having this information made the Planning Commission look poorly informed. ROBBIE SMITH MOVED TO ADJOURN AT 9:45 P.M. ROD DRAGSTEN SECONDED THE MOTION. Motion passed unanimously. C\CI....'-J'V'" "j"-\j\,Z;i:::' ~,J..vc~ C /'. Recording Secretary ,\ 8