I. Regular Meeting Chair Martin presided and called the regular meeting to order at 7:00 p.m. Members Present: Craig Breitsprecher, Jerry Fritsch, Ken Jacobson, Brenda Johnson, Jon Martin, and Dan Tuohy. Members absent: Dan Hollermann. Others Present: Garry Borgen, Kristi Clarke, Rachel Claussen, Kay Coe, Jett Hotopp, Connie Remme, Jeff Remme, Margaret Reiner, Joel Young A. Approve Meeting Agenda: Tuohy entered a motion, with a second by Johnson, to approve the meeting agenda as presented. All ayes/motion carried. B.Approve Prior Meeting Minutes: November 6, 2006 Meeting Minutes Jacobson entered a motion, with a second by Breitsprecher, to Approve the prior meeting minutes as presented. All ayes/motion carried. C.Discuss B-1 Zoning District text edits concerning Right-Of-Way obstructions: Clarke provided a recap stating that the text for a new draft ordinance to be considered for updating the code was included for their review including the changes based on the commissioners feedback from the prior meeting. The commission briefly debated the necessity for consistent performance criteria relating to allowing obstructions within the 3 of sidewalk space abutting the building foundation as long as 4 of clear sidewalk remains for passage within the entire B-1 zone, or if it would be acceptable to have different criteria for Highway 52 / Main Street, which is regulated by the State and the Side streets. Thinking that the only criteria needed for the side streets is that 4 of clear passage remains unobstructed. Following this discussion. Tuohy entered a motion, with a second by Johnson, making a recommendation to City Council to adopt the sidewalk obstruction language that allows the Main Street properties to utilize the 3 of sidewalk abutting the foundation of their buildings as long as 4 of clear passage area remains and furthermore allowing the side street properties in the B-1 zones to use the sidewalk space from the foundation of their building out to the point where 4 of clear sidewalk passage remains. Ayes: Fritsch, Jacobson, Johnson, Tuohy. Nayes: Breitsprecher, Martin. Motion Carried. Page 1 of 7
D.Discuss Reviewed conditional Use Permits: Clarke provided a summary of eight conditional use permits (CUP s) that have been issued by the City since 2000. The intent will be to review the CUP s on an annual basis (after a full year has passed) for compliance with the conditions granted in each situation. 1. Bernards Day Care Center C.U.P. (Learn & Play Daycare Center) P&Z recommended approval 5/2//2005 City Council approved on 5/23/2005 Use: To construct a daycare facility on the corner of Mill Creek Road and Highway 30. 1. A 10 easement be provided along the southerly property line between lots 9 and 10 2. A hedge be planted to screen the chain link fence from the neighboring property on the south from the south edge of the building to the east end of the fence. 3. Only security lighting is placed on the south side of the building. 4. 25 designated off street parking spaces be provided for employees and event parking. 5. A 5 concrete sidewalk be installed from the SW corner of lot 9 to Hwy 30. 6. The building be constructed of similar style and color of the neighboring townhomes. 7. The building be a single story structure. Summary: Review in 2007 after first full year of issuance. 2. Bernard s First Preliminary Plat & C.U.P. - P&Z recommended approval 2/4/2002 City Council approved on 2/11/2002 Use: To construct residential units on lots 2-9 as a Planned Unit Development. The lots are located along Mill Creek Road NW. 1. An 8 watermain must be between lot 1 and lot 2, Block 1 is located within a utility easement. 2. Access easement to Lot 3, Block 1 is 45 wide. 3. The 40 utility easement located on the north side of Division Street needs to be extended to include the 8 in-place sanitary sewer. 4. An agreement between City and Mr. Bernard to clarify the current and future status of Lot 3 Block 1. 5. An easement needs to be added in the NW corner of lot 2. Page 2 of 7
6. Access control need to be in place from Division St. to Skippy s first entrance and access needs to be controlled for 80 on Mill Creek Rd. to allow for four to five care stacking. Summary: 10/18/2006: All six conditions were met as shown in the edits within the final plat which was approved on 3/11/2002. 3. Chosen Valley Care Center (Assisted Living) C.U.P. P&Z recommended approval 5/2/2005 City Council approved on 5/9/2005 Use: To build an assisted living care facility located at 1102 Liberty Street. 1. Install a Knox Box on the property to gain access without resident or management assistance Summary: 10/31/2006: A Knox Box was installed and the Fire Chief has the key. 4. Coyote Bar Apartments C.U.P P&Z recommended approval 4/4/2005 City Council approved on 4/11/2005 Use: To develop apartments located on 15 SE Second Street. 1. Install a Knox Box on the property to provide the Fire Department and Police Department the ability to gain access to the building without resident or management assistance in the case of an emergency. 2. Installation of 8 designated and sufficiently signed off-street parking spaces for Coyote Bar Apartment residents only. The management of these spaces is the responsibility of the property owners. 3. Sufficient garbage management system that provides complete screening from view, and containment to prevent any loose materials. 4. Exterior dark sky lighting for security purposes that meets the approval of the Police Chief. 5. No advertising signage on the exterior of the building or in the apartment windows. 6. When required, apartment for rent sign limited to approximately 11 x 17 in the Coyote Club entrance area. 7. Payment in full of applicable water and sewer hook up fees based on a single family residential equivalency factor for the added Page 3 of 7
demand that will be created by the eight apartments, over and above the demand that was previously made by the commercial use on those two floors. 8. Require the use of a six months lease for apartment rentals. Summary: 11/8/2006: Conditions 1, 3-8 were in compliance during the site visit. Condition #2 The site had only 5 parking stalls shown with a sign directly in front of the area to designate parking exclusively for the apartments. A letter was sent on 11/10/2006 to explain that the Planning & Zoning Commission would review the compliance of Condition #2 on December 4, 2006. The owner was invited to attend the meeting or provide comments prior to the meeting. 5. Coyote Bar Saloon C.U.P. P&Z recommended approval 10/04/2004 City Council approved on 10/11/2004 Use: To open a saloon / bar at 15 SE 2 nd Street. 1. The on-site garbage and recycling area / containers be completely enclosed / screened from view from neighboring properties. 2. Adequate dark sky lighting be added to the parking area to meet security requirements, as approved by the City 3. Only one permanent sign can be placed on the building. Summary: 11/08/2006: Condition #1 and #2 were met. A letter to the owner was sent on 11/10/2006 explaining that Condition #3 was not met and that the Planning & Zoning Commission would review this permit on December 4, 2006. The owner was invited to attend the meeting or provide comments prior to the meeting. 6. Hidden Valley Estates C.U.P./PUD P&Z recommended approval 7/5/2000 City Council approved on 12/11/2000 Use: To construct three twin home structures to be planned as a Planned Unit Development. The property is located at 1018 Main Street South. 1. The City and applicant should consider looping the water main from Winona Street to Hwy 52 2. Curb & gutter should be installed by the applicant, along all of the frontage of Winona Street Page 4 of 7
3. The Meeker easement needs to be dedicated to the public so the City has the right to maintain the underlying sewer main in the future. 4. Access drives to the lots must be approved by the Fillmore County Engineer. Summary: 10/23/2006: All four conditions were met as shown in the Final Plat and plans. Ms. Clarke noted that Jon Martin had questioned if Condition #2 within the Hidden Valley Estates CUP had been resolved. Also there is another Hidden Valley Project that may be confused with the Hidden Valley Estates CUP. Ms. Clarke stated that she will check into these issues and would summarize those findings in the January Planning & Zoning Meeting. 7. Oakenwald Terrace Bed & Breakfast C.U.P. P&Z recommended approval 6/2/2003 City Council approved on 6/9/2003 Use: To operate a Bed & Breakfast establishment located at 218 Winona Street SE. 1. Six sleeping rooms 2. The availability of five off street parking spaces for guests, one of which will be handicap accessible. Summary: 11/08/2006: conditions 1 & 2 were reviewed and are in compliance. 8. Orchard Ridge Townhomes C.U.P. P&Z recommended approval 5/1/2000 City Council approved on 5/8/2000 Use: To develop townhomes as a Planned Unit Development. Orchard Ridge Townhomes are located on 6.3 acres of land on the north side of Highway 30 and west of Mill Creek Road NW.. 1. The developer will plant a minimum of 1.5 trees per living unit created. 2. A temporary turnaround will be constructed at the north end of the street. Summary: 11/08/2006: condition #1 16 total units built at the time of the site review; 24 trees are required; 37 trees are provided. Page 5 of 7
Condition #2 A turnaround is being planned by MBI and should be constructed as soon as weather and plans allow. (Note) This turnaround must be completed by spring of 2007 or another review is required. 9. O & O Auto Repair C.U.P. P&Z recommended approval 10/2/2000 City Council approved on 10/9/2000 Use: To construct / expand an automobile service station at 105 S Main Street.. Approved as requested with no conditions. Summary: 10/31/2006 no review needed. E. Discuss Coyote Bar Saloon s Conditional Use Permit: 1. Compliance to Condition #3: Clarke noted that signage had been placed in the outside windows which may be compromising compliance to condition #3 which only allows 1 permanent sign to be placed on the outside of the building. Rachel Claussen, the property owner, noted that these Budweiser signs were stickers that can be removed any time, and are not permanent signs. She also commented that she would like to have the same privileges as the other business owners in the district in relation to signage and to not be singled out with these restrictions. Young noted that he had requested that Rachel remove a banner previously because it did not comply with the conditions and that she had immediately done so. He also commented that the Commissions focus in the past had not been on permanent versus non permanent signs but rather the number of signs. Based on this conversation. Breitsprecher entered a motion, with a second by Tuohy, requesting that the City Attorney review the process required, and recommend that the condition relating to the limitation of signage on the exterior of the property be removed so that the existing ordinance language apply to this property as it does to the others in the same B-1 zoning district. Young noted that this may not completely eliminate the issue as it is possible that the existing signage does not comply with the ordinance performance standards either. Ayes: Breitsprecher, Jacobson, Johnson, Martin, Tuohy. Nayes: Fritsch. Motion Carried. F. Discuss Coyote Bar Apartments s Conditional Use Permit: Page 6 of 7
G. Adjournment: Compliance to Condition #2: Clarke noted that although there seems to be adequate parking, only 5 spots have been designated as compared to the 8 required. Rachel Claussen, the property owner, stated that she has had left issues with the signage which has also led to vehicle vandalism issues.. The Commission asked that Claussen, strip or make apartment parking designation on the bituminous surface. Claussen stated that she did not have any issues with this request as long as she had until summer to comply. Tuohy entered a motion, with a second by Jacobson, to Adjourn at 7:55 p.m. All ayes/motion carried. Jon Martin, Chair Kay Coe, Deputy Clerk Page 7 of 7