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Planning Commission Minutes 11-06-2017MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Monday, November 6th, 2017 - 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: John Alstad, Brad Fyle, Sam Murdoff, Marc Simpson, Katie Peterson Council Liaison Present: Lloyd Hilgart Staff Present: Angela Schumann, Steve Grittman (NAC), Jacob Thunander, John Rued 1. General Business A. Call to Order Brad Fyle called the regular meeting of the Planning Commission to order at 6:00 PM. B. Consideration of approving minutes a. Regular Meeting Minutes — October Yd, 2017 MARC SIMPSON MOVED TO APPROVE THE REGULAR MEETING MINUTES — OCTOBER 3RD, 2017. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. C. Citizen Comments None. D. Consideration of adding items to the agenda None. 2. Public Hearings A. Public Hearing - Consideration of a request for Conditional Use Permit to establish a Vehicle Sales & Rental use in a B-3 (Highway Business) Zoning District Applicant: Bob Ryan Steve Grittman explained that the Conditional Use Permit (CUP) request is for the construction of an automobile sales facility on Chelsea Road. The subject parcel is five acres west of Moon Motorsports. The area is zoned B-3, which is allowed with a CUP. The applicant proposed construction of a building approximately 31,000 square feet, with staff and customer parking, and automobile display parking areas. The east five acres of the subject parcel is reserved for future development. Grittman added that there was one small site change than what was provided prior to the meeting. The applicant proposed a service door on the northwest corner of the building. A few parking spaces and some landscaping would be removed to include a driveway to the service door. Staff did not note concerns with the proposed change. Grittman reviewed the comments from Exhibit Z. Lloyd Hilgart asked if Moon Motorsports had a sidewalk in front of their building. Grittman declined and added that staff has been researching the pathway plan and it was agreed for major collector streets to have pedestrian facilities provided on both sides. Schuman reiterated that City Staff have been in progress of developing a pathway connection plan to include sidewalk and trails. She said that along collector routes, staff recommended continue its past practice of installing pathways on both sides. She noted that there are gaps in the pathway infrastructure and it was the intent to go back and fill them in along the way. Schumann noted as new development occurs, it's a prime opportunity to install such facilities. It has been practice to provide multi -modal, multi -use pathway along one side of the collector with a sidewalk along the other. Chelsea Road is one of the primary corridors to Bertram Chain of Lakes Regional Park and provides a connection to an overpass. City Staff recommended approval of the Planning Commission. Brad Fyle opened the public hearing. Bob Ryan, applicant, explained that the dealership would be a full -line Chrysler store and it was anticipated to be open next winter. Fyle asked if Ryan was able to review Exhibit Z. Ryan confirmed that he met with staff on October 31 sc Hearing no further comment, the public hearing was closed. John Rued added that there may be other building or site issues such as circulation with fire apparatus that would have to be worked out with the building permitting process. Sam Murdoff asked what the minimum lot size was for two entrances. Grittman stated it was not required to have two entrances, but there was a minimum lot size if desired. Marc Simpson asked for verification of the number of fire hydrants. Grittman stated it was the intent to have three hydrants. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC -2017-034, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR VEHICLE SALES, BASED ON THE CONDITIONS OF EXHIBIT Z AS INCLUDED IN THIS REPORT. MARC SIMPSON SECONDED THE MOTION. MOTION CARRIED, 5-0. EXHIBIT Z Ryan Automotive Vehicle Sales Lot 1, Block 1, Otter Creek Crossing Stn Addition 2 1. Landscape Plan — Additional shrub planting should be added to the plan to meet the requirements of the zoning ordinance. 2. Photometric — Adjustments should be made to light levels in southeast and southwest corners of the project to meet the requirements of the zoning ordinance 3. Wall materials should be verified and included on the approved plans. 4. The applicants should either relocate the retaining wall out of the drainage and utility easement, or execute an encroachment agreement for location within the easement. 5. The final plans should verify aluminum composite materials cover to ensure compliance with the requirements of the zoning ordinance. 6. The plans should be modified to provide sidewalk along Chelsea Road. 7. Compliance with the terms of the City Engineer's report dated November 1St, 2017, including execution of a stormwater maintenance agreement. 8. Enter into a Conditional Use Permit development agreement with the City addressing the terms of the CUP approval. 9. Comments and requirements of other staff and Planning Commission. B. Public Hearing — Consideration of a request for Conditional Use Permit for an approximately 624 square foot residential Accessory Use Structure — Maior in an R-1 (Single -Family Residence) District Applicant: Dwayne Jones Angela Schumann stated that the applicant was seeking a Conditional Use Permit (CUP) for a detached accessory structure — major in the R-1 District. The zoning ordinance identifies except by CUP, no detached accessory building shall exceed ten percent of the rear yard of the parcel, nor shall any combination of attached garage and detached accessory building exceed 1,200 square feet or the gross footage of the principal building footprint (whichever is less). A CUP can be applied to increase the square footage of an accessory structure to 1,500 square feet. The applicant's existing home footprint is 1,040 square feet and the existing attached garage is 622 square feet. The applicant proposed constructing a detached unit of 624 square feet, requiring a CUP. In order to receive a CUP, there are items referenced in the zoning ordinance that must be in compliance. The applicant noted conformance with the identified conditions. 3 Staff recommended approval of the CUP with conditions identified in Exhibit Z. Sam Murdoff asked for the height of the structure. Schumann deferred to the applicant, but that it would not exceed fifteen feet from the gable end (as indicated in Exhibit Z). Brad Fyle opened the public hearing. Dwayne Jones stated that to the middle of the gable end, the height would be thirteen feet. He stated that the side walls are ten feet tall. He added that the pitch on the roof was the same as his home. Fyle asked if the applicant was able to review the conditions identified in Exhibit Z. Jones confirmed. He stated that the building would be used for the storage of boating and lawn equipment. Christopher Anderley, 4436 Eakern Circle NE, noted concern with the setback of fifteen feet from the property line to the home. Anderley stated that wasn't taking into account the side deck and had concern with how the boat would be moved to the structure. Anderley also indicated that the slab had been installed. Schumann responded that structures under thirty inches of grade were allowed. Schumann added that it was the expectation that the applicant would be able maneuver any equipment on the existing property. Jones stated that he didn't have the measurement of the deck to the property line, but could provide that information. Jones also added that if needed, he would remove the deck. Fyle asked if the Building Department had any concerns. John Rued stated that he would work with the applicant and that no concerns with granting the CUP itself, but that there may be a concern with the side deck. Brad Fyle asked to add a condition to Exhibit Z that access to the structure remains on the property. Discussion pursued regarding accessing the structure. Jones indicated that it was his intent to purchase a four -wheeler to move the boat in and out of the structure. He said that he would not drive his truck on the yard. Hearing no further comment, Brad Fyle closed the public hearing. Decision 1. Conditional Use Permit for Accessory Use Structure — Major in the R-1 MARC SIMPSON MOVED TO ADOPT RESOLUTION NO. PC 2017-035 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR A PROPOSED APPROXIMATELY 624 SQUARE FOOT STRUCTURE, SUBJECT TO THE CONDITIONS IN EXHIBIT Z, AND BASED ON FINDINGS IN SAID RESOLUTION. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. 0 EXHIBIT Z DWAYNE JONES Conditional Use Permit for Accessory Building — Major 4442 Eakern Circle NE 1. Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling, and no accessory building space is to be utilized for commercial purposes. 2. The accessory building shall be constructed to be similar to the principal building in architectural style and building materials. 3. The accessory building shall not exceed 15' in height as required by ordinance. 4. Compliance with the comments of other staff and Planning Commission. C. Public Hearing - Consideration of a request to amend the Monticello Zoning Ordinance Chapter 6 — Non -Conformities for non -conforming conditions related to construction or reconstruction of public improvements Applicant: City of Monticello D. Consideration of a request to amend the Monticello Zoning Ordinance, Chapter 5, Section 3 — Accessory Use Standards for accessory use parking on abutting parcels serving established principal uses Applicant: City of Monticello Steve Grittman stated that both items were combined as a single staff report. Grittman explained that there has been a reoccurring issues for public improvement projects (such as acquiring land to expand streets or utility services) for property owners. The primary concern was that their properties may become non -conforming to zoning ordinance requirements following such changes. Grittman noted that recently a property owner was considering site plan changes because of the City's action for public improvement project. These changes would normally require land use approvals. Staff proposed to amend the zoning ordinance to include a public improvements exception. This would address how existing land uses would be allowed to proceed. When a public improvement effects the manner of use of a property, the property owner would have the ability to make changes subject to a site plan review submitted to the Community Development Department. Staff believe that it is in the intent of the comprehensive plan and the zoning ordinance. Grittman provided several examples of how the proposed ordinance amendments would facilitate public improvements and improvements that property owners would want to make following such changes. 5 Schumann explained that staff recommended approval and added that the City Attorney requested that the City would publish a notice for a ten day period for neighbors to comment or appeal such proposals. Brad Fyle opened the public hearing for both Item C and D. Hearing no comments, the public hearing was closed. Sam Murdoff proposed a hypothetical situation. Grittman responded that the Community Development Department would have the ability to look at the revised lot layout for the property and record a document that finds it to be a conforming condition. Discussion pursed regarding legal non -conforming land uses. Lloyd Hilgart asked if a business was operating as a legal non -conforming use and sold, if the new owners would be able to continue as long as the use was not intensified. Grittman confirmed and added as long as it does not discontinue for a set time period, it would be allowed to exist. Angela Schumann stated that if the use changes, additional land use approvals would be required. Grittman added the use of the property would not change because of a public improvement project. Hilgart stated that most of the issues would be with setbacks. Grittman confirmed. Hilgart asked if this would occur as a result of a sidewalk addition. Grittman stated that a sidewalk is almost always located in the public right-of-way and the installation of sidewalk should not have an impact on property owners. Murdoff asked if the City Attorney had any concerns. Grittman stated that the primary comment from the City Attorney was notifying property owners. Hilgart asked if this request was a result of Fallon Avenue. Grittman confirmed. SAM MURDOFF MOVED TO ADOPT RESOLUTION NO. PC -2017-036, RECOMMENDING APPROVAL OF ORDINANCE NO. 6XX, AMENDING THE ZONING ORDINANCE TO CREATE A "PUBLIC IMPROVEMENT PROJECT EXCEPTION" TO VARIOUS ZONING REQUIREMENTS. KATIE PETERSON SECONDED THE MOTION. MOTION CARRIED, 5-0. E. Public Hearing - Consideration of a request to amend the Monticello Zoning Ordinance Chapter 5, Section 1, Table 5-1 Uses by District, Chapter 5, Section 2 — Use Specific Standards and Chapter 5, Section 3 — Accessory Use Standards for allowable principal and accessory uses in Commercial/Business zoning districts Applicant: City of Monticello Angela Schumann stated that this was a request by the City Council to consider amendments to the text and official zoning map as it relates to achieving the goals of the Comprehensive Plan for commercial areas. At a prior meeting, the Planning G Commission requested staff continue to have discussions with property owners on the subject property maps provided. Schumann stated that staff had one meeting with a property owner and an additional meeting was scheduled. Schumann reviewed the proposed text amendments for some of the commercial districts. She added that the amendments relate to how to strengthen the commercial districts to achieve the intents of the comprehensive plan for step-up development in all commercial areas and to provide the best opportunity for job creation and tax base. Staff recommended approval of the proposed changes, but recognized that the Planning Commission may like to spend further time on this. Schumann also added that one of the property owners requested additional time to review the requests as well. Brad Fyle asked for clarification on the proposed text changes. Schumann recommended striking "Boarding Houses" from the zoning ordinance. She also suggested breaking up commercial retail uses into two categories: under 10,000 square feet and over 10,000 square feet. Fyle asked if the 10,000 square feet could be clarified for "building size". Schumann confirmed. Schumann explained that some industrial uses were previously added into commercial districts, such as self -storage facilities and truck or freight terminals. These uses were recommended to remain in industrial districts. Sam Murdoff asked for clarification of truck or freight terminals. Schumann stated that this use was for solely for the transfer of goods. Schumann reiterated that she would like to give commercial property owners the opportunity to look at the proposed changes. Brad Fyle opened the public hearing. He continued the public meeting to the December 5th, 2017 Planning Commission Meeting. SAM MURDOFF MOVED TO TABLE ACTION TO A FUTURE MEETING. JOHN ALSTAD SECONDED THE MOTION. MOTION CARRIED, 5-0. Lloyd Hilgart asked how many additional property owners' staff would meet with. Schumann stated two. She added that there were two primary private commercial property owners and the third primary commercial property owner was the City. Schumann also said that if there were additional parcels on any of the provided maps that were not identified and should be rezoned, that staff was looking for such feedback. Schumann stated that one of the areas staff was looking at was avoiding non- confonnities if possible. 7 Hilgart asked for the amount of acres of B-3 and B-4. Schumann provided the approximate acreage and the approximate acreage available. Hilgart stated he would be interested to see the takedown of B-3 and B-4 in the past five years. Schumann stated that staff could provide that information by looking through development and permit files. Schumann provided a map of the suggested areas of rezoning from B-3 to B-4. 3. Regular Agenda A. Consideration of an update on 2017 Workplan and 2018 Workplan Development Angela Schumann provided a brief summary of the status of the 2017 workplan. Schumann explained that most of the work was reactive, as more development proposals were received. She noted the adoption of the Small Area Study and housekeeping zoning ordinance amendments. She explained that it was the intent to provide an update regarding the Highway 25 Coalition plan in early 2018. A pathway connections map would be provided to the City Council at a meeting on Monday, November 13th, 2017. Schumann stated the City Council completed a Strategic Plan to identify what was important for the City to accomplish which identified specific goals and objectives. She noted the importance of looking for consistency of the Planning Commission's 2018 work plan with the City Council's strategic plan. Schumann asked for comments for the 2018 work plan be sent to staff by November 20th, 2017. MARC SIMPSON MOVED TO CALL FOR A SPECIAL MEETING AT 4:30 PM ON TUESDAY, DECEMBER 5TH FOR WORKPLAN DISCUSSION AND DEVELOPMENT. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. B. Consideration of the Community Development Directors Report Angela Schumann provided the director's report in the staff report. She stated the Downtown Zoning Committee would be meeting on Thursday, November 9th at 7 am. Katie Peterson would be representing the Planning Commission. The Downtown Implementation meeting would be held on November 16th at 5:30 pm. 4. Added Items None. 5. Adjournment MARC SIMPSON MOVED TO ADJOURN THE MEETING AT 7:27 PM. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED, 5-0. Recorder: Jacob Thunander Approved: December 5th, 2017 Attest: Angela Sch frn n#, Community Development Director X