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1998-06-09 PC Agenda Packet . PLANNING & ZONING COMMISSION AGENDA June 9, 1998 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES - May 26, 1998 3. SPECIAL ORDER - PUBLIC HEARINGS a. Conditional Use Permit - Franklin Sign b. Variance from building material requirements - Mike Savitski c. Final Plan - Center Oaks 3rd Addition d. Final Plat - Karston Cove 1 st Addition . e. Comprehensive Plan Amendment (Rezoning) 4. NEW BUSINESS . Park Land and Trail Dedication Ordinance Amendment 5. ADJOURNMENT . . . . PLANNING & ZONING COMMISSION June 9, 1998 Albertville City Hall 7:00 PM PRESENT: Chair Howard Larson, Commission Members Carolyn Bauer, Dan Robertus, Jim Brown and Patti Stalberger, Zoning Administrator David Lund, Deputy Zoning Administrator Linda Goeb, and City Planner Liz Stockman Chair Larson called the regular meeting of the Planning & Zoning Commission to order. Robertus made a motion to approve the agenda as presented. Brown seconded the motion. All voted aye. Robertus made a motion to approve the minutes of the May 26, 1998, meeting as presented. Bauer seconded the motion. All voted aye. Chair Larson opened the public hearing to consider the Conditional Use Permit request for Keith Franklin to construct a 40' X 64' metal accessory building on the Outdoor Advertising Company property. The CUP is required because the accessory building area exceeds 30 percent of the principal building area. Planner Stockman explained that without a variance, the building must be relocated to meet the required 35 feet front setback requirement. As shown on the site plan the building has a 33-foot setback. Four deciduous trees will be planted to the west of the new building. Chair Larson asked for comment from the audience. There was none. Chair Larson closed the public hearing on the Franklin CUP request. Stalberger made a motion to adopt the Findings of Fact & Recommendation, approving the CUP request for Franklin Outdoor Advertising. Robertus seconded the motion. All voted aye. Chair Larson opened the public hearing to consider a variance from the building material requirements for Mike Savitski. Planner Stockman explained that since Savitski constructed the original part of his building, the city's ordinances have been amended requiring that no more than fifty . PLANNING & ZONING COMMISSION June 9, 1998 Page 2 of6 percent of a building in a business district may be steel. The proposed addition consists of 29.2 percent non-metal surface on the front and an overall non-metal surface area of 14.5 percent. The Commission concurred that aesthetically the new addition should complement the existing addition. In addition the Commission agreed that the addition had been delayed by the construction of the CSAH 19/37 realignment. Chair Larson called for comment from the public. There was none. Chair Larson closed the public hearing on the Savitski variance request. Brown made a motion adopting the Findings of Fact & Recommendation as the Commission discussed and granting a variance from the building materials requirement for Mike Savitski. Bauer seconded the motion. All voted aye. . Due to the large number of people in the audience to be heard on the Comprehensive Plan Amendment public hearing, Chair Larson opened that public hearing. Chair Larson called for public comment on the profosal to rezone the 500' of the properties along each side of County Road 19 south of 57 Street and the properties 500' on each side of the proposed 57th Street between CSAH 19 and St. Albert's Church. Dale Joel, a commercial developer representing Dick Sybant, the owner of the property at the intersection of CSAH and 50th Street, explained that he has done a small- scale study of the supply/demand of commercial properties in the City of Albertville. He has found that there is not great demand from large commercial companies to locate in Albertville. He suggested adding more commercially zoned properties will decrease the value of the existing B-3 properties. He suggests the Commission consider decreasing the number of acres to be rezoned. Don Peterson, a resident living on 53rd Street, is totally opposed to the rezoning. He stated that he bought this lot because the surrounding area was all zoned single family residential. Steve Fessler, 11191 Lachman Circle, stated he built his home recently. Prior to . picking out his lot, he researched the surrounding zoning and chose his lot partially . PLANNING & ZONING COMMISSION June 9, 1998 Page 3 of6 because it was surrounded by single family zoned properties. He foresees problems associated with businesses located so close to single family homes. Tom Seide, 11275 53rd Street NE, stated he would rather pay higher taxes than to have lower valued businesses surrounding residential areas. He feels some quality of life in the City of Albertville will be destroyed. He also is concerned with commercial traffic through residential streets. He further stated there is plenty of already-zoned commercial land in the city. Keith Franklin, a resident ofPsyk's 6th Addition, is also opposed to the proposed rezonings for the same reasons as stated by the previous speakers. Chair Larson asked Planner Stockman how much property is currently zoned B-3 in the City of Albertville. Stockman reported that at the time of the latest Comprehensive Plan adoption, there were 324 total acres zoned B-3. Of that amount, nine acres are currently developed. . Robert Heuring, owner of one property considered for rezoning, stated that CSAH 19 has very heavy traffic and the area is better suited for businesses than for residences. He prefers to have the property rezoned to commercial use. Julie Heiber, a resident of Maple Grove and a co-owner of Duerr's Water Care, would like to construct a building for the business on two acres of the Huering property. She stated that she and her partners have looked at the commercial property at the CSAH 19/37 intersection area and they cannot afford the prices. Tom Finken, of Melrose, MN, another of the new owners of Duerr's Water Care, also spoke in favor of the rezoning. Matt Stalberger, an employee of Duerr's Water Care, also addressed the Commission. Joe Clayton, a resident on Lachman Avenue, stated that the Council seems to have already made the decision to rezone the properties without hearing from the public, and feels he and other citizens have been "sold a bill of goods". Mike and Heidi McCarty, residents on Lachman Avenue, explained they purchased their property based on the zoning map showing surrounding residential properties. They are both totally opposed to the proposed rezoning. . . . . PLANNING & ZONING COMMISSION June 9, 1998 Page 4 of6 Mark Wallerius, a resident on Lachman Avenue, stated the City has a compelling amount of land already zoned for commercial. He wants the City to "stay the course" set by the Comp Plan and to exhaust the existing commercial land before considering adding additional lands. He is opposed to the rezoning proposal. Leslie Fessler is disappointed in the City for considering this proposal, as she had checked the zoning of surrounding lands before they purchased their home. Bernard Marx stated he wants the properties along 57th Street zoned commercial. Marx was informed that most of his property along the proposed 57th Street on both sides is already zoned B-3. Keith Franklin suggested that the City should tax the existing vacant B-3 land based on the value the landowners think the property is worth, as a means of gaining additional tax revenues. Cheryl White, a resident on 53rd Street, indicated she IS also opposed to the rezoning proposal. Laurie Beltrand, a resident of Lachman Avenue, is also opposed. She feels the residential property values will decrease. Chair Larson asked Planner Stockman why she had not prepared a report on the rezoning question. She explained that she was not requested to review the issue, but as the hired consulting firm, Northwest Associated Consultants, Inc. still stand with the Comp Plan statements of "enough commercial". Commissioner Stalberger explained that the commercial properties north of 1-94 pay the school district's portion of the taxes to the Elk River School District. Commissioner Robertus stated it is inappropriate to even be considering this rezoning. Robertus feels it is premature when there is over 300 vacant acres of B-3 zoned properties. Gary Bongaarts, a resident of 54 ~ Street, stated his opposition to the proposed rezomng. There were no other audience members who wished to address the Commission. . PLANNING & ZONING COMMISSION June 9, 1998 Page 5 of6 Chair Larson closed the public hearing on the Comp Plan Amendment and the rezoning proposal at 8:55 PM. Chair Larson asked for the opinions of the Commissioners who had not spoken. Commissioner Brown presented each of the Commissioners a list of his findings regarding the rezoning proposal. He recommends that the amendment to the Comp Plan is denied and a County Road 19 Task Force is established to consider what is in the City's best long-term interest. Commissioner Bauer stated she is not in favor of the rezoning proposal. Chair Larson also supports leaving the areas proposed zoned residentially. Robertus made a motion to recommend that the City Council not pursue the Comp Plan Amendment and the rezoning of properties to B-3. Bauer seconded the motion. Larson, Robertus, Bauer and Brown voted aye. Stalberger abstained. The motion carried. . Chair Larson opened the public hearing on the final plan for Center Oaks 3rd Addition. Planner Stockman stated the final plan is in compliance with the Cedar Creek Golf Course PUD A~reement. Project Engineer Scott Dahlke explained that the trails in the Center Oak 3r Addition will be constructed in conjunction with the final lift of blacktopping. Chair Larson called for public comment. There was none. Chair Larson closed the public hearing. Brown made a motion to approve the Findings of Fact & Recommendation granting final plan approval for the Center Oaks 3rd Addition. Robertus seconded the motion. All voted aye. Chair Larson opened the public hearing on the Karston Cove 1 st Addition Final Plat. Planner Stockman explained that 10 guest parking stalls shown on the preliminary . plat have been removed. These stalls are not required by ordinance, but Stockman . . . PLANNING & ZONING COMMISSION June 9, 1998 Page 6 of6 recommended that a condition stating that, if in the future, there is a need for the guest parking stalls, they will be constructed. The Commission also requested that the trail easements be shown on the plat so that potential purchasers are aware of the trail locations. Chair Larson called for public comment. There was none. Chair Larson closed the public hearing. Stalberger made a motion to approve the Findings of Fact & Recommendation granting final plat approval for Karston Cove 1 st Addition, as discussed. Brown seconded the motion. All voted aye. The Commission discussed the proposed Park Dedication Ordinance amendment. The Commission was not satisfied with the clarification of when park dedication fees are required on existing buildings. Stockman will redraft the amendment for consideration at the next Commission meeting. Brown made a motion to table further discussion on the park dedication fee ordinance amendment. Stalberger seconded the motion. All voted aye. Stalberger made a motion to adjourn at 9:50 PM. Bauer seconded the motion. All voted aye. Howard Larson, Chair Linda Goeb, City Clerk