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1997-11-10 PC Agenda Packet . . . PLANNING & ZONING CCHlISSION .oy~r 10, 1997 7:00 PIt 1. CALL TO ORDER/ROLL (Chair/Secretary/C~ssion) CALL/ADOPT AGENDA 2. MINUTES Regular Meeting - October 14, 1997 3. SPECIAL ORDER - Continued/Hew a. An Ordinance Amending the Albertville Sign Ordinance (1987-3) Relating to Billboards b. An Ordinance Amending the Albertville Zoning Ordinance (1988-12) Relating to Minimum Garage Size, Screening, Landscaping, Back Yards, Structure Placement Above High Water Elevations, Usable Open Space, Building Construction Standards, Parking Standards and PUD Regulations c. An Ordinance Amending the Albertville Subdivision Ordinance Relating to Drainage Course Elevations, Buffer Yard Requirements, Irregular Shaped Lots, Accessory Structure provision on Residential Lots, Cul-De-Sac Streets, Protected Areas, Tree Planting and Certification d. Rezone the Cedar Creek Golf Course Master Plan from R-1A to PUD 4. HEW BUSINESS a. Order public hearing for the regular December 9th meeting to consider "Ordinance Amending Section A-GOO.8 and A- GOO.15 of the Albertville Subdivision Ordinance by Changing the Park Dedication Fee and Percent Land Dedication Fee, Requiring the Construction of Trails by Developers and Setting Forth Guidel ines for Park and Trail Design" General Information All Metro Center Oaks Bob Potter/Industrial Park Mike Potter site Kolles letter from Jensen Race track happenings Albertville Zoning Ordinance Amendments (Discussion) Planning Commissioner Vacancy - Discuss D. Vetsch term expiration and consider reappointment (Note: Councilmember Stalberger will serve the term from 01/01/98 to 01-01-00 if vacancy occurs) b. c. d. 5. ADJOURHHEH'f (C~ssion) . . . PLARRIRG & ZOIfIRG COHtfISSIOR Roveaber 10, 1997 Albertville City Ball 7:00 PM . PRESENT: Chair Howard Larson, Commissioners Carolyn Bauer, Jim Brown, Donatus Vetsch, and Dan Robertus, Zoning Administrator Garrison Hale and City Planner Liz Stockman Chair Larson convened the regular meeting at 1:10 PM. Moved by Robertus, supported by Brown, to adopt the agenda with an amendment adding under New Business Item Se - Franklin Sing - Right of Way and Item Sf - Country Antique CUP. All voted aye. Moved by Vetsch, supported by Brown, to approve the minutes of the October 14, 1997, minutes as amended. All voted aye. Chair Larson opened the continued public hearing on the Albertville Sign Ordinance at 7:12 PM. Planner Stockman opened discussion on billboards with (1) spacing, damage/reconstruction; and billboards of record will be considered after ten years (2008) as principal uses. Today they are not principal use. City Attorney Couri reviewed federal/state laws as it relates billboard signage. Keith Franklin of Albertville addressed the issue. Concern focuses on the concept of tIel iminate" bi llboards. Frankl in not aware of complaints and is not happy about "principal use". Further he stated the employees and businesses using the signs are spending money in the community. The issue of billboards carne up as a subject in 1994. Interpretation of ordinance equaled "accessory use" or "adjacent areas" as confirmed by former Mayor Potter. Franklin supports billboards on commercial/industrial use zoning areas. from 500 to 1,000 feet. freeway corridor in Supports spacing change Commissioner Robertus questioned of Franklin why "Acts of God" are discriminatory. City Attorney Couri said it woul d not be. discriminatory. Mr. Franklin explained CUP not easy to get nor are there any guarantees on PUD zoning. Ask to el iminate principal uses. Further discussion with Mr. Couri referencing the legality of the ordinance leaves Mr. Franklin questioning enforcement due to concept of "mandatory removal". . . . Chair Larson asked for expenses of signs. stated we had legal costs. At torney Couri Conunissioner Brown feels "fees" belong to the City Council. Further he wants to know what the public thinks. Larson asked the audience for input. By a show of hands, most people lived in Albertville, most worked for Franklin Sign. Mr. Franklin Sr. asked why the City is trying to choke out bi 11 boards. Judy Roden was concerned about property owners rights to change vendors with final year established. Mike Couri stated landowners need clauses in leases to permit the vendor to work with them (options) when development may occur. Kei th Frankl in followed up on spacing and said it is not good business to put $15,000 to $30,000 in a sign with a short time line to recoup investment. Bonnie Hiedelberger from Highland Bank stated it enhances business. Mr. Franklin stated Pat's 66 supported signage. Pete Merges stated principal use would stop him from building a garage. He presently has a house and barn. Mike Couri discussed ordinance on non-conformance. Conunissioner Vetsch inquired of Franklin Outdoor what is a standard spacing. 500 feet majority, some at 750 feet and a few at 1,000 feet. Rogers is 1,000 (Zoning Administrator Hale disagrees). Question to Mike Couri as who determines 50% damage--Building Inspection/City Council. Chair ordinance. complaints a question Larson asked why we are spending time on the sign Conunissioner Brown feels time and money premature when and concerns not present. Jim Brown feels why address that has no support. Councilmember Vetsch discussed ra1s1ng rates on billboards. Conunissioner Brown rediscussed 1,000 foot spacing. Chair Larson inquired of former Mayor Potter what he remembers from 1994. Councilmember Berning inquired of restricted area south of CSAH #37. Chair Larson requested why the sign ordinance became an expensive, large issue. What is the outcome. Why? Counci lmembers, Ci ty Attorney offered up reasons for the billboard issue and by holding a public hearing clarify the issues. Councilmember Gundersen explained the Council wanted to review the ordinance. Chair Larson closed the public hearing at 8:28 PM. Conunissioner Robertus wants less signs and a principal use. Brown supports 1000 feet delete agricultural. Larson concurs if . sign is destroyed. Vetsch supports one principal use on property. Bauer supports 1000 foot and principal use. Moved by Robertus, (no second) to accept draft ordinance as stated. Moved by Brown, supported by Bauer, to recommend Ordinance #1997-16 with 1,000 feet existing and future, strike all other changes and strike agricultural. Ayes 3 Bauer, Brown and Larson; Nays Vetsch and Robertus. Motion carried. Chair Larson opened discussion on Franklin Sign Right of Way. Zoning Administrator Hale and Planner Stockman discussed the City Council request for the Planning Commission to determine snowmobile trail easement requirements of Keith Franklin. Stockman discuses snowmobile trails widths. Moved by Brown, supported by Bauer, to recommend no action on the snowmobile width and to authorize that no snowmobile trail easement be included in Keith Franklin's land purchase from the city. All voted aye. . Moved by Robertus, supported by Vetsch, to order publ ic hearing to consider "Ordinance Amending Section A-600. 8 and A- 600.15 of the Albertville Subdivision Ordinance by Changing the Park Dedication Fee and Percent Land Dedication Fee, Requiring the Construction of Trails by Developers and Setting Forth Guidelines for Park and Trail Design" on December 9, 1997. Chair Larson opened the public hearing on rezone the Cedar Creek Golf Course Master Plan from R-1A to PUD at 8:55 PM. Don Jensen of Pilot Land was present to discuss prior Council approval of the master pI an and the need to continue wi th the rezoning process. Commissioners inquired of Jensen and Planner Stockman on sureties for building the course. Chair Larson closed the public hearing at 8:.59 PM. Moved by Robertus, supported by Brown, to approve the Findings of Fact and Recommendation dated November 10,1997, as prepared by NAC, Inc. and to recommend the City Council approve the rezoning from R-1A to PUD for the Cedar Creek Golf Course Master Plan. All voted aye. Chair Larson opened the continued public hearing on Zoning Ordinance (1988-12) at 9:06 PM. Planner Stockman continued the reviewal line by line. . Discussion was held on how to enforce ordinances. Commissioner Vetsch concerned about over-regulating. Commissioner Brown told the Commission set the ordinances how you want it. City Council assist staff and staff must perform. Moved by Brown, supported by Robertus, to recommend City Council approval of the amendment of the Zoning Ordinance (1988-12) . . . Relating to Minimum Garage Sizes, Screening, Landscaping, Back Yards, Structure Placement Above High Water EI evations, Usabl e Open Space, Building Construction Standards, Parking Standards and PUD Regulations as amended. All voted aye. Chair Larson continued the public hearing on "An Ordinance Amending the Albertville Subdivision Ordinance Relating to Drainage Course Elevations, Buffer Yard Requirements, Irregular Shaped Lots, Cul-de-Sac Streets, Protected Ares, Tree Planting and Certification" to December 9, 1997, at 7:00 PM. Chair Larson continued the public hearing on the CUP request for outside storage for International Country Antiques to December 9, 1997, at 7:00 PM. Commissioner Brown informed the Commission that either this matter gets acted upon or denied. Zoning Administrator Hale refreshed everyone that this item was being held up due to the processing of a site/building plan addition to the International Country Antique facility and with a resolution at the December meeting. Zoning Administrator Hale reviewed all "General Information". Moved by Bauer, supported by Brown, to adjourn at 10:46 PM. All voted aye. Howard Larson, Chair .~~. Garrison Hale,/Zoning Admin. ~.~~. ~~.;;.iIir">N.i:~.