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2005-06-14 PC Agenda Packet . . . r I ~ A!t?.~.!:!.'!iJ L€ t PLANNING & ZONING COMMISSION Tuesday, June 14,2005 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES May 10, 2005 Regular Meeting (pages 1- 11) 3. PUBLIC HEARINGS a. Wedel Fence Setback Variance (pages 12-16) b. Albertville Body Shop CUP - Major Auto Repair (pages 17-31) c. Space Aliens Restaurant - PreliminaryIFinal Plat, Site and Building Plan Review (pages 32-54) d. Gentle Dental - Rezoning, Preliminary/Final Plat, Site and Building Plan Review (pages 55-74) e. Sign Ordinance Amendment - Banner Signs (pages 75-95) 4. OTHER BUSINESS 5. ADJOURNMENT "A quorum of Council members may be present." e ~ A!t?.€Il'!'Jl€ PLANNING & ZONING COMMISSION Tuesday, May 10,2005 Albertville City Hall 7:00 PM CALL TO ORDER-ROLL CALL-ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Dan Wagner, Tiffany Meza, Scott Dorenbush, Council Liaison LeRoy Berning, City Planner AI Brixius, and City Clerk/Secretary Bridget Miller Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to approve the agenda as presented. Motion carried unanimously. , MINUTES MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to approve the agenda as presented. Motion carried unanimously. PUBLIC HEARINGS P ARKS IDE COMMERCIAL PUD/CUP AND SITE AND BUILDING PLAN REVIEW Chair Leintz opened the public hearing at 7 :04 p.m. City Planner Brixius reported Premier Development Group, LLC has submitted an application for a CUP-PUD and site plan approval to allow for three office buildings within the site. A similar plan was introduced to the Planning Commission in June 2004. During that time, Kent Roessler withdrew the application. Subsequently, Premier Development Group entered into an agreement with Mr. Roessler for the acquisition ofthe subject site. The developer has met with the Albertville Fire Chief and Futrell Fire Consultant and Design Inc. The plan shows a 33-foot inside turning radius and a minimum of a 43-foot outside turning radius, which meets the fire Department's apparatus road requirements. The overall plan is sufficient for truck traffic needed for garage pick-ups and deliveries. As a condition of approval, all curb islands will be required to be raised with landscaped plantings. II C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 3 y Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 3 . Roger Fink, Vice-President of Premier Development Group, Inc. informed the Planning & Zoning Commission he has taken into consideration the comments shared at the April meeting. Mr. Fink stated he had met with the abutting residents in regards to the tree planting and building layout. The residents are aware of the layout and the construction underway summer of2005. They have spent a considerable amount of time addressing the landscape and screening issues. Mr. Fink noted the entrance to the complex is free of parking stalls making it less cumbersome. Mr. Fink added the sidewalk concern has been addressed. The sidewalk will extend along the short-sides of the buildings. As far as the monument signage, which will be illuminated, they will be put on a timer so they will go off at a specified time each night. At the April 12, 2005 Planning & Zoning Commission meeting it was asked if a right-in, right- out onto CR 19 was possible. Mr. Fink contacted Wright County Highway Dept., Mr. Fingalson stated there is an agreement with the City that set a specified distance between access points onto CR 19, and this would not meet the restrictions. Commission members still had a concern with the amount of traffic that will be coming in and out of the site. . Chair Leintz closed the public hearing at 7:34 p.m. MOTION BY Commission member Wagner, seconded by Commission member Kocon to approve the Parkside Commercial PUD/CUP and Site and Building Plan Review contingent on the staff recommendations. Motion carried unanimously. City Planner Brixius stated this application will go before the City Council on May 16, 2005. ANDERSON GARAGE CUP Chair Leintz opened the public hearing at 7:35 p.m. City Planner Brixius reported the applicant is seeking to add a detached garage to his property. The detached garage will be used as storage space and will be located directly behind the existing house measuring six hundred (600) square feet in area. The subject property is zoned "R-l", Residential Single Family. A conditional use permit is required for more than one (1) detached or attached private garage for each single-family dwelling. The proposed detached garage will be constructed in gable roof fashion and be clad in 12" smooth hardboard lap siding. The applicant's existing two hundred (200) square foot attached garage will remain and be converted into bedroom living space. . . . . , Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 4 The applicant has indicated that the side yard setbacks will be thirty-five (35) feet to the west property line and thirty-five (35) feet to the east property line. Rear yard setback has not been indicated on the submitted site plan. According to Ordinance (Section 1000.4 Subd. (h) 1-4), a conditional use permit may be granted, provided that: 1. There is a demonstrated need and potential for continued use of the structure and the purpose is stated. 2. The building has an evident re-use function related to the principal use. 3. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 4. The provisions of Section 400.2(e) of this Chapter shall be considered and determination made that the proposed activity is in compliance with such criteria. Planning staff recommends approval of the CUP. The garage appears to be consistent with the City's regulations relating to such structures. This recommendation would include the following conditions: 1. Location of the garage meets the zoning standards for setbacks and does not interfere with septic drain field. 2. Garage construction is consistent with the architecture and materials of the existing home. 3. Garage will not be used for business or home occupation. Chair Leintz asked if there was anyone present regarding the Anderson Garage CUP. Mr. & Mrs. Ronald Becker, 11802 - 50th Street NE, informed the commission there is a shared driveway between the two properties. Mr. Becker would like to know where the proposed driveway will be for the detached garage. Mr. Anderson stated the red shed will be removed and the new-detached garage will be constructed in that area, so the driveway will wrap around. Mr. Becker then had a concern with the headlights shining into his residence. He stated he would like some kind of screening from vehicle headlights. Mr. Anderson would try to save as many trees as possible to screen the vehicle headlights. There was discussion on the materials to be used for the driveway. C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 4 . . . Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 5 Mr. Anderson would use some Class 5 gravel to grade it. Chair Leintz closed the public hearing at 7:47 p.m. MOTION BY Commission member Meza, seconded by Commission member Dorenbush to approve the Anderson Garage CUP with the staff's recommendations. Motion carried unanimously. City Planner Brixius stated this application will go before the City Council on June 6,2005. ALBERTVILLE CROSSINGS 3RD / LABEAUX STATION PRELIMINARY PLAT, COMMERCIAL PUD/CUP, AND SITE AND BUILDING PLAN REVIEW Chair Leintz opened the public hearing at 7:48 p.m. City Planner Brixius stated Cascade II Land Company, LLC has submitted an application for Preliminary Plat and Conditional Use Permit / Planned Unit Development for the development of Outlot A, Park View Place. The site is located north of 57th Street NE and immediately east of Albertville Crossings 3rd Addition. The area is currently zoned B-2. City Planner Brixius noted the property area consists of 8 .17 acres. Below is a review of the submitted plans dated April 12, 2005. The applicant is proposing to subdivide Outlot A into two blocks. Lot 1, Block 1 is 64,647 square feet and Lot 2, Block 1 is 57,150 square feet. Lot 1, Block 2 is 59,181 square feet and Lot 2, Block 2 is 143,635 square feet. The applicant is proposing a multi-retail tenant building that may include a pharmacy with drive- through within Lot 1, Block 1. A multi-tenant building with three small restaurants are proposed within Lot 2, Block 1. A restaurant is proposed for Lot 1, Block 2 and an office and retail area is proposed for Lot 2, Block 2. Access to the development will occur off of 57th Street NE via an extension of Lachman Avenue NE in the center of the building, as well as the northern curb cut for Lot 1, Block 1. Lachman Avenue is considered a commercial street and was required to align with Coborn's to the south, which it does. As a condition of approval, the applicant will be required to enter into a Development Agreement with the City. The City Attorney shall prepare the Developer's Agreement. City Planner Brixius concluded stating the applicant is proposing a multi-tenant retail and commercial space. To accommodate the proposal, the applicant will be required to receive C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 5 . . . Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 6 approval from the City to allow for a CUP /PUD. An additional requirement is required for the use of shared access within the site area. After review of the applicant's submittal, staff would recommend approval of the CUP/PUD subject to the conditions outlined herein. The plan offers a mix of retail, office, and restaurant opportunities and will be designed to reflect other uses within the City. If the Planning Commission recommends and the City Council approves the preliminary plat and CUP/PUD application, staff would recommend that approval be based upon the following conditions: Preliminary Plat 1. The north end of Lachman Avenue NE be flared to the east to accommodate the alignment ofthis street with Lachman Avenue NE at 60th Street NE. The City Engineer will identify the specific street right-of-way alignment. 2. Lot 1, Block 2 be enlarged to increase the amount of on-site parking for the restaurant. 3. Ten foot drainage and utility easements shall be required along the perimeter of the plat. 4. Developer and City will enter into a development agreement that allows parking over the City's sanitary sewer easement with the understanding that the City may disrupt the parking area to maintain or repair this utility. All parking lot repair or replacement shall be the property owner's responsibility and expense. 5. The applicant shall establish recordable easements separate from the preliminary plat for shared access and parking across the lots. Said easements shall be subject to review and approval of the City Attorney. 6. The plat shall pay the required parkland dedication of $7,500 per acre with the final plat. Planned Unit Development/Conditional Use Permit 1. Establish cross access and parking easements across the plat. 2. Parking/circulation: a. All parking areas shall have stalls 20 feet in length, nine (9) feet in width, and a drive aisle width of 22 feet. Additional driveway width may be required for truck routes. b. The site design shall be modified to accommodate semi-truck service through Lots 2, 3, and 4 without interfering with parking stalls, curb islands, and buildings. c. Parking for Lot 1, Block 1 will be calculated using the shopping center parking ratio of5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be required to C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 6 . . . Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 7 provide 74 parking stalls. The excess parking supply shall be eliminated to increase green space, additional landscape islands, and improve truck circulation patterns. d. Additional disability parking stalls in Lot 2, Block 1. e. All striped areas in the parking lots shall be parking islands with raised curb. f An additional disability accessible parking stall shall be required within Lot 2, Block 1. g. All drive aisles shall be a minimum of 22 feet in width. 3. Drive Through Lane: a. All drive through lanes shall provide 120 feet of automobile stacking. Stacking lanes shall be separate from other traffic lanes. This may eliminate one of the drive lanes on Lot 1, Block 1. b. The drive through lanes shall illustrate location of menu boards. c. Landscaping screening shall be required along the west lot line of Lot 2, Block 1 to screen the back of the building and the drive-thru lane. d. An additional disability accessible parking stall shall be required within Lot 2, Block 1. e. All drive aisles shall be a minimum of 22 feet in width. f All striped areas within the parking area shall be raised and curbed. 4. Trash Enclosure. The loading and trash enclosure identified within Lot 2, Block 2 shall be relocated to the north. 5. Grading and Utility: a. The grading, drainage, and utility plan shall be subject to the conditions outlined within the City Engineer's report dated May 4,2005. b. All issues related to on-site wetlands, including delineation and mitigation, will be subject to approval by the Wright County Soil and Water Conservation District. 6. Landscaping: a. The landscaping plan shall be revised to include additional trees and shrubs throughout the site area. C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 7 . . . ) Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 8 b. Fruit bearing trees will be prohibited within all landscaped islands. The applicant shall submit landscaped island details that show all trees and the light pole fixtures. c. Financial securities to guarantee the installation and survivability of the improvements shall be provided as required by Ordinance. Additional Conditions: a. Outdoor storage within the site area shall be prohibited. b. Individual sign permits shall be required for all proposed signage within the site area consistent with the approved comprehensive sign plan. c. A development agreement shall be required and prepared by the City Attorney. Chair Leintz asked if there was anyone present regarding the Albertville Crossings 3rd / LaBeaux Station Preliminary Plat, Commercial PUD/CUP, and Site and Building Plan Review. Dan Green, Architect representing LaBeaux Station commented there are a number of issues to deal with on the proposed site; one issue is the access off of 57th Street NE lining up. There is a utility easement, which makes it difficult to align the curb cuts to line up. Mr. Green informed the Commission only one of the restaurants will have a drive-thru. The second restaurant will be more of a sit-down style. Mr. Green explained the layout of the site. The applicant wanted to place a number of the buildings along 57th Street NE with parking lots off to the side, so as you drive by you see the stores rather than the parking lot. Commission member had a question in regards to the pharmacy drive-thru. He didn't understand how that would work on the site. Will there be more than one lane? Mr. Green stated there will be only one stacking-lane, which would not require a menu board. It would be one window to drop-off or pick-up your prescription. Commission members would like to see a limit or restrict the amount of window signage allowed. City Planner Brixius recommended limiting it to 10% of window space. The monument signage would need to meet the ordinance requirements, as well as for the drive- thru. Mr. Green brought to the Commission's attention there would be traffic directional signage throughout the site. C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 8 . . . Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 9 The applicant will work in trying to direct the truck traffic flow to the new proposed Lachman Avenue NE. City Planner Brixius will work with City Engineer Kasma in regards to installing a sidewalk as part of the Preliminary Plat approval. Council liaison Berning reported on the history of the sidewalk. When the sidewalk was initially installed the construction ended at the Church. Then when we constructed the Fire Hall it was extended. Mr. Berning stated it was the Council's intent to continue the sidewalk/trail along 57th Street NE when the site(s) are constructed. Also to connect to the STMA Ice Arena. Chair Leintz closed the public hearing at 8:40 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve the Albertville Crossings 3rd / LaBeaux Station Commercial PUD/CUP, and Site and Building Plan Review with staff's recommendations. Motion carried unanimously. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the Albertville Crossings 3rd / LaBeaux Station Preliminary Plat with staff's recommendations. Motion carried unanimously. MOTION BY Chair Leintz, seconded by Commission member Wagner recommending no parking allowed on either side of 5ih Street NE from Main Avenue NE to LaBeaux Avenue NE (CR 19). Motion carried unanimously. City Planner Brixius stated this application will go before the City Council on June 6, 2005. ORDINANCE AMENDMENT - SECTION 1000.7, LANDSCAPING-GROUND COVER Chair Leintz opened the public hearing at 8:44 p.m. City Planner Brixius reported staff has been directed to draft an amendment to Section 1000.7 of the Zoning Ordinance pertaining to the requirements for landscaping. Included in the packet is an amendment to Section 1000.7 Subd. (b) and (c). These amendments are subject to further modification if the Council wishes to include. Chair Leintz asked if there was anyone present regarding the Ordinance Amendment - Section 1000.7, Landscaping-Ground Cover. There was no one present regarding the Ordinance Amendment - Section 1000.7, Landscaping- Ground Cover. Chair Leintz closed the public hearing at 8:50 p.m. C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 9 1 Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 10 . MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve the Ordinance Amendment - Section 1000.7, Landscaping-Ground Cover as presented. Motion carried unanimously. ornER BUSINESS BRIGGS APARTMENT PUD CONCEPT PLAN City Planner Brixius reported in January of this year, Briggs Properties approached the City to inquire if the remaining vacant 4.25-acre parcel of the Westwind PUD was available for the development of a high-density apartment project. In response to their inquiry, we sent them documentation of the site's history. This history reveals that in 1996, the City approved a Comprehensive Plan amendment changing the land use for the site from high density residential to medium density residential. City Planner Brixius went on to state this change in the Land Use Plan was precipitated by a development request by Kornovich Development Company Inc. that proposed 40 townhome units for the site. The City Council agreed with the reduction in density and approved the Comprehensive Plan change. Currently, the site remains zoned PUD and in consideration of a development request, the City would be guided by the medium density residential land use of the Comprehensive Plan, the R-5, Medium Density Residential District standards, and the general townhome performance . standards of the Albertville Zoning Ordinance. In consideration of a concept plan, the City is not giving a development approval; rather it is only providing input related to land use and site design that may make a project more appealing. In 1996, the City determined that the appropriate land use for the proposed site was medium density residential. In recent years, the City has not been satisfied with type and quality of the multiple-family development that has taken place. The change in land use will be contingent on the applicant's ability to satisfy the City's expectations for quality market rate luxury apartments. City Planner Brixius stated that Pat Brigg's was present to answer any questions the commission members may have. Mr. Briggs informed the commission the site would be referred to as Zachman's Point. Mr. Briggs wanted to find out if the City of Albertville would support the concept plan present. Mr. Briggs stated they would strive to make the buildings blend or fit in with the residential zoning. There would be two (2) accesses to the site, one designated as "IN" only with the second access designated as "OUT" only. They are proposing a three-story building; the third story would have vaulted ceilings. . C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 10 Albertville Planning & Zoning Commission May 10, 2005 Minutes Page 11 . Mr. Briggs went on to explain there would be a rewards program for the tenants. The longer a tenant stays they would receive improvements to the apartment. Examples of that would be installation of a ceiling fan, possibility of a washer and dryer within their unit. Mr. Briggs stated there would be a low voltage security system. To activate you would turn your television to a specified channel to view the areas of the outdoor grounds. Another amenity to the site would be storage. In front of the underground parking stall would be a storage cabinet. Chair Leintz approved the concept plan with the staff's recommendation for luxury apartments. BANNER SIGNS (DISCUSSION ITEM) City Planner Brixius stated the City is considering amendments to its Sign Ordinance pertaining to banner signs. These amendments would accommodate some temporary signs in Highway Commercial and General Business districts. The comprehensive Sign Ordinance will take precedence over Zoning Ordinance. Enclosed in your packet are amendments to the Sign Ordinance, Sections 9 and 10 for your review. These changes are reflective of our dialogue and wishes to regulate the number and placement oftemporary signage. Hopefully with clear regulation pertaining to these items, we can avoid issues related to the visual blight that is created by the over abundance of these signs. . These amendments are subject to further modification if the Council wishes to include. City Planner Brixius reported staff took an inventory of the downtown businesses to accommodate their signage needs. City Planner Brixius concluded staffwill publish the public hearing and bring the amendments to the sign ordinance at the June 14,2005 Planning & Zoning Commission meeting. ADJOURNMENT MOTION BY Commission member Meza, seconded by Commission member Dorenbush to adjourn the meeting at 8:56 p.m. Motion carried unanimously. . C:\nac\ClientsWbertville\PC Packet Jun\May 10 PC Minutes.doc 11 . . . NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius DATE: June 8, 2005 RE: Albertville - Wedel Fence Variance FILE NO: 163.06 - 05.20 BACKGROUND On April 15, 2005, Jason and Jill Wedel received approval of their application to extend the fence to the western property line along Kalland Drive. The application calls for a six foot privacy fence of treated lumber. According to the City Zoning Ordinance: "In the case of a side yard on a corner lot that abuts a street, minimum fence setback of twenty (20) feet shall be maintained for all fences exceeding forty-two (42) inches in height." At some point, a mistake was made by City staff and the applicant was told that the minimum setback was only 10 feet. The applicants received a building permit to install the fence. After the posts were positioned, City staff caught the mistake and stopped work on the fence. To correct the mistake, the City has agreed to move the posts back 10 feet to comply with the 20 foot setback requirement. At the direction of the City Council, the property owner proceeded with the privacy fence to completion. ORDINANCE LANGUAGE In August 2003, the City re-evaluated the zoning regulations pertaining to residential fences. Through this review, the City determined that six foot privacy fences shall maintain a 20 foot side yard setback from the property line on a corner lot abutting a street. This standard is called out in Section 1000.6 (g)(1) and (2) as follows: (g) Residential District Fences. All residential fences shall be placed within the property being fenced. '- (1) Fences not more than six (6) feet in height may be erected along side and rear property lines provided such fences do not extend forward of the principal structure. In the case of a side yard on a comer lot that abuts a street, a minimum fence setback of twenty (20) feet shall be maintained for all fences exceeding forty-two (42) inches in height (see Diagram 7A). . (2) Should the rear lot line of a comer lot be common with the side lot line of an abutting lot, a minimum twenty (20) foot side yard setback must be maintained on the corner lot for all fences exceeding forty-two (42) inches in height (see Diagram 78). Both Provisions (1) and (2) above apply to the Wedel lot. The Wedel rear yard abuts the side yard of the lot to the east. The fence extends forward of the house to the east. VARIANCE Section 500.1. C(2) below outlines the review criteria for considering a major or minor variance. (2) A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved. . 1. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. 3. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. (Also see Section 1000.3(c) of this Chapter.) b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district. . 13 . . . e. The request is not a use variance. f. Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. In review of the applicant's site, staff does find that the lot is not unique in character, size or configuration that prevents compliance with the required setback. The hardship to the applicant was a mistake made by City staff. In recognition of this mistake, the City was willing to correct this issue at no expense to the property owner. This fence variance would be a privilege to this property not offered to other corner lots if the City chooses to enforce this setback as established. CONCLUSION Based on our review of this variance request, no hardship unique to the property is found to warrant a variance. With this finding, the Planning Commission and City Council has the following options: Option 1: Deny the variance based on the application not satisfying the criteria established in Section 500.1 (c)(2) pertaining to variances. Option 2: Approve the variance finding that the relocation of the fence presents a hardship and that the fence is not out of character with the neighborhood. If approval is given, staff requests direction as to whether the current ordinance language is appropriate for fence setbacks. pc: Bridget Miller Jon Sutherland Mike Couri Mark Kasma Jason and Jill Wedel, 10615 61 st Street NE, Albertville, MN 55301 14 . . . EXHIBIT A 15 . . . J 1. .H, I I ( 1 . I ~.~ \. '." '. I '~." :(j .. ::?"~'.. j o~ . 'J. '.; >.."\;;:. '$.I,.....~:... . ~; ~. .t" .t~ y'::v. . . - - ~~ .. .~~: :..-~:..... :..: .. ~ .. . ~ . ~.~iHi!\J~ ... .~; ~~ ~:. ~:;j "'$, f\.\}lj" ..~w{; .... :~'"~ ... r ~~t~" "~~ ~~ !mii)~i I ~ ; ~il~l\~ j ;;;'~I:;~,:;~ ~~. ,-, .<':'" . ,.. /.': ~[ >, 4- o ...; ....:,}o :;J.~~' .~. ~', ~-' ;,', ;..1 o .~. . () .~~~ .' i]". .... -",,"'~ . ..:-e 'l- o .. *"' ill +.- m (.J ~'.' ......f.:.:. .:~ ~:} ro' <....i !:~. .. g! ." ~ ,. >- <;) ...~.. "- '" ,.j " ",(;'I " I 0 .. q' '" . .....~-). ..t:: .....~ . ...... ,.. ~)o .;~ t: .0 o '\; ........ r~ f , ....... ....'" .-4.,--.. ;c:.:,:~ r. ,"-', . {o!-:.... ;,\~:\ '-":'~:! " . .~~\ '~.. ~ ~" r, "'~:" ,'. \~~ .~. ~~ //.,:~::.... ~ _ .;;,... .:..: ~~ '2', ~,.j"/j ,.,/;. ;;:''-:2). ....,,~:~..~. ._', ... ,.' :.i '\ ~::: '-i} '\ (~') . ' r /, ,~, ~~ ~,~\~:>;\()~ <:.~." ," ~:.'~,:~' {r{~~.~r.~_^.\;\~\ \. <;~~i'."""'"'.7'.' \' i~ \'" ~,~~,:'-'''.''.'/''''$:\ ~ J .. ." .... .~,.~' '.. ,.... ~ \i':f..! /< \ :-.~~, "' ..... \~;..~+:~ ~ " ..~:. ",:,:~.:;.~:. .1.' <,,0\ ':0., :....:.. . ..... '-.. " ~,:~~ .~'. ~., --"> , 'i\ ~v ~ I~ . . S \ ." '\ 6"" ,'~' *'':l.IL. ,,}../ .Jr"+" ~,,~,.'(?'^'<' ~.r.}.'" / '~:;:f:~'~<' '" ',' R ., ....~'.> . :-:',,:-:rr"v t{'T',,:\-: '< ;".......\.li. ;~.:::..~:" J~ ";'/~~~1~~~>~-=~ i'~,,',:~;:)J;~:::~/// /:.~' ";" , ~.. .,... .'-- \ /;0 \ )~:2~~:)vfP'/ '\ / '~'J' " \. t: ..,," :~~:.~> :;.!:""' /~ /~ \".~r""""""\ \ " \. .,../. ......\.- .:::t~ .-..:> ....~... .:. ..' ,~. . {~ ...;.~ ...........'\...~j...1 :.~ ....~: ~.;.~. . "v"'" '& IIJli:r,t .. I ....... .~~ .' d]:.:;f..,~~f...',,};::,;,I" -~:::;J. ~ \;~'J. ..t:..:-..,~:j '1 LdJ ~.(r~' . ; .< : v '"' i <c. ,~ L~ i I Ii~ ..'~'~~ ~.~:I. .:r: . i ') ". in en. ~'.';~ " ."., / :~~ .;0;. _...:~. ". ;-=i ':;:s' '''?~~ ......--- q. <~:':. (.'.'::. f <;'~ ,.r' / ./.. ~~.,.~. ., ..~ .-:.:.' ~~~~ ~;;.~.. .... _.:,J... ",:" ........ ..... EXHIBIT B 16 . . . .. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com NORTHWEST ASSOCIATED CONSULTANTS, INC. PLANNING REPORT TO: FROM: Larry Kruse Michael Darrow I Alan Brixius DATE: June 8, 2005 RE: Albertville - Albertville Body Shop: Conditional Use PermiWariance NAC FILE: 163.06 - 05.16 BACKGROUND An application for a Conditional Use Permit and Variance has been submitted by Jamie L. Stevens to allow for the expansion of the Albertville Body Shop and a reduction in the amount of parking stalls required within the subject site. The body shop is located at 5890 Main Street and is zoned B-4, General Business. A CUP is necessary for the alteration or expansion of the major auto repair (body shop) business and a variance is necessary to allow for a reduction in parking stalls within the site area. Attached for reference: Exhibit A: Survey Exhibit B: Site Plan Exhibit C: Building Section Plan Exhibit D: Floor Plan Exhibit E: Albertville Body Shop Letter dated May 3, 2005 ANALYSIS The existing building includes a 6,000 square foot auto body shop and a 1,680 square foot hair salon which is located in the southwestern portion of the building. The applicant is proposing to expand the building in a southeastern direction. The new expansion will allow the building to be uniform and rectangular in shape. The new expansion will be 1,680 square feet for a total building area of 9,360 square feet. The expansion of major auto repair in a B-4 District requires a Conditional Use Permit. When considering a Conditional Use Permit, the Planning Commission and City Council shall consider possible adverse effects of the proposed conditional use. Their judgement shall be based upon (but not limited to) the following factors: ~ ~ 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. . 2. The proposed use is or will be compatible with present and future uses of the area. 3. The proposed use conforms with all performance standards contained within the Zoning Ordinance. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not over burden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. The operation and expansion of the building is allowed by a Conditional Use Permit, provided the following measures are adhered to as part of the application. Comprehensive Plan. The Comprehensive Plan identifies the historical downtown for commercial use and encourages reinvestment and renovation of existing businesses. The proposed business expansion is consistent with the policies and recommendations of the Comprehensive Plan. Land Use Compatibility. The proposed site is zoned B-4, General Business, which allows the major auto repair (auto body) as a conditional use. Commercial uses surround the site. The proposed expansion should not present compatibility issues with . adjoining sites. Lot Area/Setbacks. The proposed use calls for the expansion of the building on the southeastern portion of the building. The expansion will create a uniform building along the southern end and will not encroach further into setback areas. Below is a review of the site area and setback information: Standards Lot Area Lot Width Setbacks Front Side Rear Maximum Building Height Required None None Proposed 12,424 square feet 45 feet None None 20 feet 35 feet 10 feet 3 feet 30 feet 14 feet The building and proposed expansion meet the general B-4 District requirements of the Zoning Ordinance related to lot area, lot width, setbacks, and building height. The conditional use permit conditions require a 20,000 square foot lot area and a 150 lot width. The applicant's site does not meet this standard. This standard would exclude all B-4 properties which consist of smaller lots. Staff is recommending approval of a lot area and width variance that recognizes the existing condition provided the building and . use complies with the other conditional use conditions. 18 . . . Screening and Landscaping. The Albertville Zoning Ordinance requires landscaping screening of the site from residential zoning districts. It also required parking and automobile storage shall be screened from public street rights-of-way. The site does not abut any residential district. No additional screening or landscaping will be required as part of this application due to the limited lot area. No additional storage is proposed for the site. As a condition of approval, outdoor storage will be prohibited. Any roof top mechanical equipment must be properly screened from view from Main Street. As a condition of the conditional use permit, we recommend that the applicant be required to park damaged vehicles awaiting repair either within the building or at the back of the building. Finished customer vehicles and employee parking may utilize available on-street parking or be visible from Main Street. Building Type and Construction. Within the B-4 Zoning District, the City requires at least 50 percent of all exterior wall finishes to be covered with brick. This 50 percent coverage can be averaged over the entire building. The front of the auto body shop has a brick, stucco, and wood finish. This finish extends around the southwest corner of the building. The new building is proposed to be pre-finished metal panels. The applicant proposes to provide brick or wainscot on 50 percent of the building addition's south exterior wall. Lighting. As a condition of approval, the applicant will be required to submit information regarding the location of all additional exterior lighting as part of the plan. The source of all additional lights shall be hooded, 90 degree cut off lights that meet City glare standards Grading, Drainage and Erosion Control. The current site is 100 percent impervious surface. The building addition will not change the storm water quantities or drainage patterns. Access/Parking. The Albertville Zoning Ordinance has the following parking standards applicable to the proposed use: Auto Repair Eight spaces plus one additional space per each 800 square feet over 1 ,000 square feet of floor area Retail/Service Business One space per 200 square feet of floor area Based on these standards, the proposed building is required by ordinance to provide: Retail/Service: 1,680 X.9 = 1,512 + 200 = 8 spaces Body Shop: 7,620 - 1,000 = 6,620 X .9 = 5,958 + 800 = 7 + 8 = 15 spaces TOTAL SPACES 23 spaces 19 .. The applicant's site plan illustrates 18 off-street parking stalls and four on-street parking stalls. Review of the parking reveals the following issues: . 1. The 90 degree parking stalls are required to be 20 feet in length. All the proposed parking is shown at 18 feet. 2. The parking east of Main Street fails to meet the parking lot dimension for stalls, drive aisles, or setbacks. This parking lot is also proposed to have a gravel surface. 3. The parking stalls at the rear of the building are located in front of the doors to the building and will require shuffling of cars. 4. The current building with the expansion will accommodate up to 22 cars within the building. The applicant has expressed a willingness to move as much of the business parking inside the building as practical. The City recognizes that the B-4 businesses are unable to provide on-site parking and allows for a conditional use permit to contribute to the public parking lots in lieu of providing their own off-street parking lot. However, this conditional use permit was reliant on a non-existent public parking plan. Absence of a City downtown parking plan, staff directed the applicant to pursue ~ parking variance in recognition of existing conditions. On June 6, 2005, the City Council . approved a proposal for an Albertville downtown parking study to investigate the establishment of public parking lots that may be shared amongst the downtown businesses. In light of this direction, staff recommends that the requested parking variance be approved as an interim parking solution for Albertville Auto Body with the following conditions: 1. The applicant participate in the preparation of the parking study. 2. If the parking study is completed and implemented by the City, the applicant shall contribute to the cost of the construction of a shared public parking lot based on their estimated parking shortage. CONCLUSION Albertville Auto Body is a longstanding community business that wishes to expand in the downtown B-4 Zoning District. The character of the downtown presents physical limitations to business expansion (Le., lot size, parking). In review of the applicant's request, we recommend approval of the following applications: Conditional use permit - major auto repair and a variance from lot area and width are recommended for approval with the following conditions: 1. Except for customer vehicles awaiting repair, outdoor storage shall be prohibited. . 20 . . . 11 ~ 2. Roof top equipment shall be located and screened from view of Main Street. 3. Damaged customer vehicles awaiting service/repair shall be stored/parked either inside the building or at the rear of the building. 4. Employees and finished customer vehicles may utilize parking visible from Main Street. 5. The building addition's south wall shall have a 50 percent exterior finish of brick. 6. All exterior lighting shall be 90 degree cut off lighting. Parking Variance. The physical characteristics of the downtown present hardship for providing the required off-street parking. In recognition of these constraints, we are recommending approval of the variances as an interim parking solution until the City can develop a downtown parking plan. We recommend approval subject to the following conditions: 1, The applicant participate in the formulation of the Albertville Downtown Parking Study. 2. If the study is finalized and implemented, the applicant contribute to the cost of constructing a shared public parking lot based on their shortage. pc: Bridget Miller Jon Sutherland Mike Couri Mark Kasma Jamie L. Stevens, 1754 50th Street NE, Buffalo, MN 55313 21 / I If> (1) I ~ )''0 II ~~ I~ I~ lib I ~, <00 ~,. ,I ~ I I '., /Ii ;1 t 1---1 I {;t (Q \ I iI.- \ I!~ I I I~\ 1 j I I \ "" II I I ! (<- I I )~I" L I ~.!" -.j I ~ Cl> , ~ ~ I I ~ \Q S!~5' I a a c: Cl> { ll-!:h I ~5'~ Cl>::::: all ....'" ,...;;: a.::t- :,f tv tv I :Qa~ Q ....0 ~~s Cl>- Cl.a~ !~ ~5' Cl> \ \-'~- ~', \ ,.... $0 \ (;l \ ) . . . o " <( . (.() 0;< - -I- - - - - - - - - - - /11 E X C E ~~[~[ /,~/'), ~-'===-=._-I - --- - -\- - ;t~).c::t- /' o"'~"'5' ~//' I I' I I 00 Cl>Cl> / I s 's..... /' C"1,I)Cl>a~ I I I K-J j!~i! " 1--"~~1 I ~I / / lll:-l~""Q ~ /"~ *"~~ ~s Lsoo I ~[s I / 1 S)s! t: ~ ~).5' I / i ~Cl> \,_..._. 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I 4\:~r 1 ____-1. r,:- I ,---------------------- --- ------------- I I ~':"t..,!t.;~ .....~.,.-9, ..-i"'.c I I "l"~<l ~l': oo.t-..,.~\\. 4-"").~.. I I :lg\JI~ :-t:! ~ e..~ $>;.'?- ~ ~ 5I.\~ I I ~;~!i a~ ~~':-;.~~ \'~':~\\. I I "" ;;Iii! ~~-r-"""~ ~~...,,~ I I ':!Cl ::l>~~~~)\ .~~~~:\ I I Q~ ~~ ~~~~ ~\~1:. I I C I I " I ~I::;y urtlflj that thl& ~lao, ~rflc.ol:lQI"I. Of' rsperl: ~ pt'epcw"edb9rne t:H' Ul'ld8r ~ d1rc(,~ o.upe:rv~iofI and thai. I om a aul!j l",."..~d f'l"ofa6l1MOl ~e,. unMt' the \otoI& 01 the state of .....n-eeoto OAre 2111/05 fOE,; No 15b4"T .Jared K, L.arson ALBERTVILLE BODY SHOP I hal"~ "Mt.rfy tl'lelt thIt- plOl\ tpOGlflGotrCl'l. ~~~.::~rc~~, :n~y 1lC..~ Arc:.hMc.llJf"dclr the \Qlo6 of h Skrte cf M~. OATE: 4125/05- REG No 15b4i r!I IAN"'" A"""",ates,'OG_ Ar""lttSGt!> one! Etlgll1e6N> 25&1 EakC1'l Avenue 1'1 e Ell/HalD, Mlnt'Ie~ta 55$IS Tel ("'1b5) 6e2-ClJ.5~O r())( M68) b2>2..t1!;!J1 ALBERTVILLE. 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PLANNERS. DESIGNERS '-. . 10-1 EAST ST CERMAIN PHONE 820-d66-0787 J ST. CLOUD. MINNESOTA FAX 820-668-0789 ~ I D SPACE ALIENS GRILL * BAR ALBERTVILLE, MINNESOTA -- m .. ~ rn c I" o Z G) o )> -I )> ~ i I~ I~ m >< :E - II - ... m - (.."~ ]~ RHA ARCHITECT'S INC. ARl:HITECTS. PLANNERS, DESIGNERS 104 EAST ST (]ERJIAlN PHONE 82O-666-fYJ'8'1 ST. CUJUD. MINNESOTA. FAX 820-666-0789 -- / I - 5PACE ALlEN5 GRILL If BAR g ALBERTVILLE. MINNE50TA i o JWf'&.---------- RJ;. 110.------------- ~ i l~ I~ -- -- r.. ,. . '" mlli l' , ,/' I / I ;--~--------------------------~~- ---------------------, I I I i ! i ./ '" ~~ c:: ~"'~it~~ ~ C) z~~2~'" ., i!i I P 1;"' 1'- r- '1'l -l ii:~~"'1il ~ ~ ~ J;;~>l S ~ iliaiji!i1; P1 x ~ili~s!ij '" -l c ~~1ilU :;0 rrT ~:I:~ (/) 0 !il>l'l!clil I ;&~>f;> rrT ~~F2j 0 c ~~I:~ r rrT ~i~~~ ~1'-~~~ ;if ii~ii ~~~a~ "'~ '~ !!!ii:~F ~! ~ ~ ., m >< Z - m - -f .... 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A!'?.~!!'!Ul~ PLANNING & ZONING COMMISSION Tuesday, June 14,2005 Albertville City Hall 7:00 PM CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Dan Wagner, Tiffany Meza, Scott Dorenbush, Council Liaison LeRoy Berning, City Planner Al Brixius, Zoning Administrator Jon Sutherland and Permit Technician/Secretary Tori Leonhardt Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. MOTION BY Commission member Wagner, seconded by Commission member Meza to approve the agenda as presented. Motion carried unanimously. MINUTES MOTION BY Commission member Wagner, seconded by Commission member Kocon to approve the minutes with the following changes; add Jon Sutherland, Zoning Administrator and Mark Kasma, City Engineer as being present, note Jon Sutherland's concern over the proximity ofthe trash enclosures for Parkside Commercial and under the MOTION BY Commission member Wagner, seconded by Commission member Kocon to approve the Parkside Commercial PUD/CUP and Site and Building Plan Review contingent on the staff recommendations, Motion was carried 4:1, with Commissioner member Dorenbush voting nay. PUBLIC HEARINGS WEDEL FENCE SETBACK VARIANCE Chair Leintz opened the public hearing at 7:02 p.m. On April 15, 2005, Jason and Jill Wedel received approval of their application to extend the fence to the western property line along Kalland Drive NE. The application calls for a six-foot privacy fence of treated lumber. According to the City Zoning Ordinance: "In the case of a side yard on a comer lot that abuts a street, minimum fence setback of twenty (20) feet shall be maintained for all fences exceeding forty-two (42) inches in height." At some point, a mistake was made by City staff and the applicant was told that the minimum setback was only 10 feet. The applicants received a building permit to install the fence. After the posts were positioned, City staff caught the mistake and stopped work on the fence. To . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 2 correct the mistake, the City has agreed to move the posts back 10 feet to comply with the 20- foot setback requirement. At the direction of the City Council, the property owner proceeded with the privacy fence to completion. In August 2003, the City re-evaluated the zoning regulations pertaining to residential fences. Through this review, the City determined that six-foot privacy fences shall maintain a 20-foot side yard setback from the property line on a comer lot abutting a street. This standard is called out in Section 1000.6 (g)(l) and (2) as follows: (g) Residential District Fences. All residential fences shall be placed within the property being fenced. (1) Fences not more than six (6) feet in height may be erected along side and rear property lines provided such fences do not extend forward of the principal structure. In the case of a side yard on a comer lot that abuts a street, a minimum fence setback of twenty (20) feet shall be maintained for all fences exceeding forty-two (42) inches in height (see Diagram 7A). (2) Should the rear lot line of a comer lot be common with the side lot line of an abutting lot, a minimum twenty (20) foot side yard setback must be maintained on the comer lot for all fences exceeding forty-two (42) inches in height (see . Diagram 7B). Both Provisions (1) and (2) above apply to the Wedel lot. The Wedel rear yard abuts the side yard of the lot to the east. The fence extends forward of the house to the east. Under the Variance Section 500.1.C (2) the review criteria for considering a major or minor vanance IS. (2) A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances, which are peculiar to the land, structure or building involved. 1. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2. Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. . M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 3 3. Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. (Also see Section 1000.3(c) of this Chapter.) b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter, or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district. e. The request is not a use variance. f. Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. City Planner Brixius stated that in review of the applicant's site, staff does find that the lot is not unique in character, size or configuration that prevents compliance with the required setback. The hardship to the applicant was a mistake made by City staff. In recognition of this mistake, the City was willing to correct this issue at no expense to the property owner. This fence variance would be a privilege to this property not offered to other comer lots if the City chooses to enforce this setback as established. Based on the staff's review of this variance request, no hardship unique to the property is found to warrant a variance. With this finding, the Planning Commission and City Council has the following options: Option 1: Deny the variance based on the application not satisfying the criteria established in Section 500.1 (c)(2) pertaining to variances. Option 2: Approve the variance finding that the relocation of the fence presents a hardship and that the fence is not out of character with the neighborhood. If approval is given, staff requests direction as to whether the current ordinance language is appropriate for fence setbacks. Chair Leintz asked if fence was located on the 10- foot easement line. City Planner Brixius stated yes, it is currently on the 10-feet easement line. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 4 Commission member Meza asked why the Wedel's were told to go ahead with fence. Jason Wedel, homeowner, informed the Planning & Zoning Commission members that he received his permit card, receipt and letter of approval, which stated that the applicant would be allowed to extend fence to the property line if they so wanted. This was in fact, what the Wedel's wanted as Jill Wedel does home daycare. Mr. Wedel informed the commission that he met with the City Administrator and staff members and was told the City was willing to come out and move the fence posts back 10 feet so the fence would be incompliance of the 20 foot setback or that Mr. Wedel would be allowed to keep the fence in it's current location ifit was a maximum of 4 feet in height. Mr. Wedel stated his father had made a special trip into town to help him dig the footings and a lot of time was spent placing the fence posts into their current position. Mr. Wedel stated ifhe had known that the fence would not be allowed in its current position or that it could only be 4 feet in height where it is located, he would have never gone forward with the project. Mrs. Wedel expressed her concern with the daycare children playing in the back yard. She stated a 4-foot fence would not keep balls or Frisbees in and a stranger would be able to reach over a fence of that height and take a child. Chair Leintz asked if there were any questions or comments. Commission member Meza indicated that she also has seen the fence and thought that it looked nice and wondered why the Wedel's had stopped construction on it. Ms. Meza further indicated . that you are able to see around the comer when turning. Commission member Wagner asked City Planner Brixius why this matter was approved by the City Council before it was brought before the Planning & Zoning Commission. . Council liaison Berning stated the fence issue did not go before a City Council meeting, but rather that each City Council member was contacted by Mayor Peterson. Mr. Berning stated that he did go out and look at the fence and he did not see that it would be a problem and that there was a fence that was across the street that appeared to be even closer to the street. City Planner Brixius asked the Commission for direction on this matter and stated whatever direction the commission decides, staff requests direction as to whether the current ordinance language is appropriate for fence setbacks. Chair Leintz stated that she feels the Wedel's have suffered a hardship because city gave them the wrong information. Commission member Meza asked Mr. Wedel ifhe had known that he would have had to stay 20 feet off of the property line would he have constructed the fence. Mr. Wedel replied no. Commission member Dorenbush asked Mr. Wedel ifhe had to have a fence for daycare. M:\Public Data\Planning & Zoning\P&Z minutes'2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 5 Mr. Wedel indicated no, they did not have to have a fence for daycare that it was for privacy. Chair Leintz asked if there were any more questions or concerns. Chair Leintz closed the public hearing at 7: 16 p.m. City Planner Brixius would ask the City Council to act on this now and deal with the ordinance changes, if any, at a later date. City Planner Brixius felt that there was merit in the items that the Wedel's brought forward, but there are needs to be direction as to the 20-foot side yard setback in the future. Chair Leintz added that because the property owner was given misinformation by the City at the beginning the variance should be granted. MOTION BY Commission member Meza, seconded by Commission member Leintz to approve the Wedel Fence Variance. Motion carried unanimously. ALBERTVILLE BODY SHOP CONDITIONAL USE PERMIT (CUP) - VARIANCE Chair Leintz opened the public hearing at 7:19p.nm. City Planner Brixius reported the applicant; Jamie L. Stevens submitted an application for a Conditional Use Permit and Variance to allow for the expansion of the Albertville Body Shop and a reduction in the amount of parking stalls required within the subject site. The body shop is located at 5890 Main Street and is zoned B-4, General Business. A CUP is necessary for the alteration or expansion of the major auto repair (body shop) business and a variance is necessary to allow for a reduction in parking stalls within the site area. The existing building includes a 6,000 square foot auto body shop and a 1,680 square foot hair salon, which is located in the southwestern portion of the building. The applicant is proposing to expand the building in a southeastern direction. The new expansion will allow the building to be uniform and rectangular in shape. The new expansion will be 1,680 square feet for a total building area of9,360 square feet. The expansion of major auto repair in a B-4 District requires a Conditional Use Permit. City Planner Brixius stated when considering a Conditional Use Permit, the Planning Commission and City Council shall consider possible adverse effects of the proposed conditional use and their judgment shall be based upon (but not limited to) the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future uses of the area. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 6 3. The proposed use conforms to all performance standards contained within the Zoning Ordinance. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not over burden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. City Planner Brixius indicated the proposed business expansion is consistent with the policies and recommendations of the Comprehensive Plan, the proposed expansion should not present compatibility issues with adjoining sites, and the building and proposed expansion meet the general B-4 District requirements of the Zoning Ordinance related to lot area, lot width, setbacks, and building height. City Planner Brixius stated the conditional use permit conditions require a 20,000 square foot lot area and a ISO-lot width. The applicant's site does not meet this standard. Staffis recommending approval of a lot area and width variance that recognizes the existing condition provided the building and use complies with the other conditional use conditions. Screening and Landscaping. The Albertville Zoning Ordinance requires landscaping screening of the site from residential zoning districts. It also required parking and automobile storage shall be screened from public street rights-of-way. The site does not abut any residential district. No additional screening or landscaping will be required as part ofthis application due to the limited lot area. No additional storage is proposed for the site. As a condition of approval, outdoor storage will be prohibited. Any roof top mechanical equipment must be properly screened from view from Main Street. Staff recommends as a condition of the conditional use permit, the applicant be required to park damaged vehicles awaiting repair either within the building or at the back of the building. Finished customer vehicles and employee parking may utilize available on-street parking or be visible from Main Street. Building Type and Construction. Within the B-4 Zoning District, the City requires at least 50 percent of all exterior wall finishes to be covered with brick. This 50 percent coverage can be averaged over the entire building. The front of the auto body shop has a brick, stucco, and wood finish. This finish extends around the southwest comer of the building. The new building is proposed to be pre-finished metal panels. The applicant proposes to provide brick or wainscot on 50 percent of the building addition's south exterior wall. M:\Public Data\Plmming & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 7 Lighting. As a condition of approval, the applicant will be required to submit information regarding the location of all additional exterior lighting as part of the plan. The source of all additional lights shall be hooded, 90 degree cut off lights that meet City glare standards Grading, Drainage and Erosion Control. The current site is 100 percent impervious surface. The building addition will not change the storm water quantities or drainage patterns. Access/Parking. The Albertville Zoning Ordinance has the following parking standards applicable to the proposed use: Auto Repair Eight spaces plus one additional space per each 800 square feet over 1,000 square feet of floor area Retail/Service Business One space per 200 square feet of floor area Based on these standards, the proposed building is required by ordinance to provide: Retail/Service: 1,680 X .9 = 1,5127200 = 8 spaces Body Shop: 7,620 - 1,000 = 6,620 X .9 = 5,958 7 800 = 7 + 8 = 15 spaces TOTAL SPACES 23 spaces The applicant's site plan illustrates 18 off-street parking stalls and four on-street parking stalls. Review of the parking reveals the following issues: 1. The 90-degree parking stalls are required to be 20 feet in length. All the proposed parking is shown at 18 feet. 2. The parking east of Main Street fails to meet the parking lot dimension for stalls, drive aisles, or setbacks. This parking lot is also proposed to have a gravel surface. 3. The parking stalls at the rear of the building are located in front of the doors to the building and will require shuffling of cars. 4. The current building with the expansion will accommodate up to 22 cars within the building. The applicant has expressed a willingness to move as much of the business parking inside the building as practical. The City recognizes that the B-4 businesses are unable to provide on-site parking and allows for a conditional use permit to contribute to the public parking lots in lieu of providing their own off-street parking lot. However, this conditional use permit was reliant on a non-existent public parking plan. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 8 City Planner Brixius stated in absence of a City downtown-parking plan, staff has directed the applicant to pursue a parking variance in recognition of existing conditions. On June 6, 2005, the City Council approved a proposal for an Albertville downtown parking study to investigate the establishment of public parking lots that may be shared amongst the downtown businesses. In light of this direction, staff recommends that the requested parking variance be approved as an interim parking solution for Albertville Auto Body with the following conditions: 1. The applicant participates in the preparation of the parking study. 2. If the parking study is completed and implemented by the City, the applicant shall contribute to the cost of the construction of a shared public parking lot based on their estimated parking shortage. In conclusion, City Planner Brixius stated, the Albertville Auto Body is a longstanding community business that wishes to expand in the downtown B-4 Zoning District. The character of the downtown presents physical limitations to business expansion (i.e., lot size, parking). In review of the applicant's request, staff recommends approval of the following applications: Conditional Use Permit - major auto repair and a variance from lot area and width are recommended for approval with the following conditions: 1. Except for customer vehicles awaiting repair, outdoor storage shall be prohibited. 2. Rooftop equipment shall be located and screened from view of Main Street. 3. Damaged customer vehicles awaiting service/repair shall be stored/parked either inside the building or at the rear of the building. 4. Employees and finished customer vehicles may utilize parking visible from Main Street. 5. The building addition's south wall shall have a 50 percent exterior finish of brick. 6. All exterior lighting shall be 90 degree cut off lighting. Parking Variance. - The physical characteristics of the downtown present hardship for providing the required off-street parking. In recognition of these constraints, we are recommending approval of the variances as an interim parking solution until the City can develop a downtown-parking plan. We recommend approval subject to the following conditions: 1. The applicant participates in the formulation of the Albertville Downtown Parking Study. 2. If the study is finalized and implemented, the applicant contributes to the cost of constructing a shared public parking lot based on their shortage. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 9 Chair Leintz asked ifthere was anyone present regarding the Albertville Body Shop CUP- vanance. Owner, Jamie L. Stevens, showed the Planning & Zoning Commission members a sample of the brick that will be used on the building. The brick was taupe in color. Mr. Stevens stated that the whole south wall will be getting a face lift and the glass blocks will be removed and 4 x 4 windows will be installed to make the building look uniform. Chair Leintz asked if there were any questions or concerns. Commission member Dorenbush asked Mr. Steven's if the cars would be parked in the same spot as they are now. Mr. Steven's informed the Commission that the cars would be parked in the same location as they presently use. Commission member Dorenbush then asked if there were any problems currently with vandalism. Mr. Steven's stated that no, there has not been an issue with vandalism. Council liaison Berning asked ifMr. Steven's owned the piece of property that the expansion would be going onto. Mr. Steven's indicated that yes he does own the property in question. Commission member Meza asked if all the cars being repaired would be parked in back of the building or inside the building during repair. Mr. Steven's stated that yes he would agree to that as one of the conditions. City Planner Brixius stated that there would not be a problem with the parking of the cars that were finished. Chair Leintz asked if there were any questions or concerns from the public. Chair Leintz closed the public hearing at 7:31 p.m. Commission member Kocon asked ifthey were to motion on the CUP and Parking Variance together or as separate items. City Planner Brixius indicated that they could make a motion either way. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 10 MOTION BY Commission member Dorenbush, seconded by Commission member Wagner to approve the Albertville Body Shop CUP with the six (6) conditions for the CUP and the two (2) conditions for the Parking Variance. Motion carried unanimously. SPACE ALIENS BAR & GRILL - PRELIMINARY PLAT, COMMERCIAL PUD/CUP, AND SITE AND BUILDING PLAN REVIEW Chair Leintz opened the public hearing at 7:32 p.m. City Planner Brixius stated that an application has been made by Thomas P. O'Brien for Preliminary Plat and Site and Building approval for the development and construction of a Space Aliens Grill and Bar within the City of Albertville. The site is located on the comer ofCSAH 37 and 60th Street Northeast and is currently zoned B-3. The total site area consists of 1.90 acres. Preliminary Plat approval is required because of the current metes and bounds description of the subject site. Site and Building Plan review is required for development within the City. The area to the immediate north is 1-94 and to the south is the BNSF railroad. The adjoining area includes a mix of B-3, Highway Commercial business uses. In review of the application, staff recognized that the application was incomplete and notified the applicant that additional information was necessary. Slowly, additional information has been received. Most recently submitted, the landscape plan and preliminary grading and utility plans were received on June 6, 2005. The late receipt of information has limited staff review and has not allowed time to correct plan deficiencies. City Planner Brixius stated the site is zoned B-3, Highway Commercial District. The purpose of the Highway Commercial District is to provide for the establishment of motor vehicle oriented or dependent high intensity commercial and service activities. Restaurants are permitted uses within the B-3 district. The City's Land Use Map guides this site for commercial uses, therefore, the proposed use is consistent with the City's Comprehensive Plan. Under Section A-900.1 (b) for Preliminary Plate it states that no building permit shall be issued for any structure on any parcel of land less than five acres at a building setback line which is described by metes and bounds until a plat describing such parcel of land is filed with the Wright County Recorder's Office and proof thereof is furnished to the City. As a condition of approval utility and drainage easements must be identified on the preliminary plat and shall be subject to the review and approval of the City Engineer. The proposed building confonns to the Lot Requirements and Setbacks for buildings within the B-3, Highway Commercial District. City Planner Brixius stated that under the parking requirements the applicant has identified a total of 128 parking stalls within the site area. The applicant's parking calculations did not include the game room, which occupies 15% of the total building area. An additional 7 stalls should be identified within the site. This can be accomplished by expanding the parking area further to the west. M:\Public Data\Planning & Zoning\.P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 11 All parking stalls meet the minimum setback requirements from the curb. The site plan identifies the length of each stall at 18 feet. As a condition of approval however, all parking stalls must be 20 feet in length. All stripped areas shall be raised and curbed. All other parking requirements have been met. Access to the site is gained from two entrances off of 60th Street NE. Each access is measured at 30 feet wide at the property line and thus meets the minimum requirements of the Albertville Zoning Ordinance. All drive aisles meet the minimum requirements of the Ordinance. Any work within the MNDOT R/W will require a permit from MNDOT. There is no loading area identified within the site so drive lanes will be used as loading areas to accommodate deliveries. It is anticipated that deliveries will occur within the southwestern portion of the building. The applicant has indicated that most deliveries will occur during the morning prior to normal business hours. As such, it is not anticipated that these deliveries will disrupt the overall traffic or circulation plan of the site. Grading, drainage and utility plans were received on June 8, 2005. This late arrival only allowed for a preliminary engineering review. City Engineer, Mark Kasma found in his review the following: The use of the open area between the proposed parking and the proposed pond is unclear as is the apparent curb stub out from the parking lot to this area. Municipal Sanitary Sewer: There is not a public gravity sewer line adjacent to this site and a 6" PVC service is shown stubbed out to 60th Street NE. According to the as-built Sanitary Sewer map for Albertville, there is a 10" sanitary force main adjacent to 60th Street NE but a gravity sewer service line cannot connect to this pressure line. The nearest location of public gravity sewer is south of the railroad tracks near the north terminus of Lachman Avenue NE where there is a City Sewer Lift Station. Depths would need to be verified for a service connection at the lift station. Also, there would need to be an agreement with BNSF Railroad to place a sewer service line through their property and possibly a private easement through the private property that lies between the railroad and the lift station. Municipal Water Main: A 6" DIP water service line is shown stubbed to the south where there is no public water line. There is a 16" water main running along the north side of the site. In addition, there are no hydrants or valves shown on the plan. Grading and Drainage: While the proposed grading appears to be adequate to collect the on-site drainage, existing curb and gutter and catch basins are shown on adjacent CSAH 37 but not how this drainage works with the proposed site drainage. As indicated above, pipe sizes and preliminary drainage M:\Public Data\Planning & Zoning\P&Z minutes'2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 12 calculations need to be provided to determine the adequacy of the treatment pond and stonn sewer system. City Planner Brixius indicated the proposed building is 8,550 square feet and includes a lounge, dinning room, game room, retail space, and kitchen. The building will have 6 exists with the main vestibule entrance on the eastern side of the building. The applicant is proposing colored precast panels, face brick, glass block and stoned faced block for the exterior finishes. Upon review of other Space Alien restaurants in other communities, these types of restaurants are multi-colored with an array of bright colors and color schemes. The applicant has provided a color rendering of the building, however, the rendering does not show all sides of the building. The applicant has submitted a landscaping plan for review. As a condition of approval, staffs has requested the applicant be required to provide a hedge line of at least four feet in height along the eastern portion ofthe site (along C.S.A.H. 37) to ensure that headlights do not deflected onto the County Road. Additional plantings will be required to be extended along the northern boulevard along 60th Street NE. The areas striped on the site plan shall be raised parking lot islands that will include parking lot landscaping. All landscaped areas, including the parking lot islands, shall be irrigated. All exterior light fixtures must be 90 degree cut off lighting. Pole height is limited to 20 feet. The applicant's plan meets these standards. A photometric plan has been provided that demonstrates the extent of lighting across the entire site. Lighting will be located around the perimeter of the parking area and drive aisles. Lighting does not appear to exceed I-foot candle at the street centerline but does appear to exceed .4- foot candles along the eastern property line. Section 1000.10 of the Zoning Ordinance addresses lighting and glare and should be addressed fully. The applicant has provided plans for a pylon sign, however the location of the sign is not identified within the site plan. The pylon sign will be 30 feet tall with a total of 179.7 square feet per face. The applicant's site has 288 feet oflot width, which allows 168 square feet of sign area. Prior to approving the sign, the applicant will be required to reduce the signage and identify the location of the sign. A wall-mounted sign is also proposed along the front elevation, however, additional details with regard to color, lighting, and lettering will be required. A comprehensive signage plan will be a condition of approval. Additional information pertaining to the size, lighting, and locations of other signage will be required. The applicant has identified a trash enclosure area to be located on the southwestern side of the building. As a condition of approval the applicant will be required to submit details of the trash enclosure. All trash enclosures should be constructed of material that is similar to the primary retail building. Additional landscaping must be provided around all trash enclosures. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 13 City Planner Brixius stated, based on our review of the plans submitted, staff believes that additional information is required and a number of plan revisions are necessary prior to Planning Commission action. Staff recommends that the preliminary plat and site and building plans be continued until the July Planning Commission meeting to allow for a more complete submission. Chair Leintz ask if there was anyone present from Space Aliens. Thomas P. O'Brien addressed the Commission and thanked City Planner Brixius for working with them and stressed that they would like to keep the project moving forward. Mr. O'Brien did not feel the information that was still needed would be anything major and they would be able to submit to the city by the end of the week. Mr. O'Brien indicated that their Engineer felt that the sewer line would work, but had questions on the lift station. Mr. O'Brien stated that the parking area was not shown in completion because they felt the area would be for snow plowing and asked that it could remain unstriped. Mr. O'Brien said they have not submitted a sign plan for the front signage since the franchise is making sure of the commitment prior to submitting a sign proposal. This will be done at a future date. Mr. O'Brien asked the Commission that they allow them to move forward in order not to have to deal with winter construction. Chair Leintz asked if there would be room for extra parking spaces. Mr. O'Brien stated that there was plenty of room on the proposed site. Chair Leintz asked if this area would need raised islands. Commission member Dorenbush stated that it has been required everywhere else. Commission member Meza asked Zoning Administrator Jon Sutherland, why Futrell Fire has done a review already on the proposed site. Mr. Sutherland stated that as a directive ofthe City Council that Futrell Fire do a review at the development stage to verify access to water, turning radius of fire trucks, access to site and if the buildings are sprinkled, are there adequate amounts of fire hydrants to supply sprinkler systems. Mr. Sutherland stated that Scott Futrell normally does not get enough information for a full review at the development stage, but does do another review at the building stage. Commission member Meza asked if they find that the plans submitted are not acceptable, can they be easily changed? . Mr. Sutherland stated that a redesign is possible and they could work through issues. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . Albertville Planning & Zoning Commission June 14,2005 Minutes Page 14 City Planner Brixius stated that the building code issues are pointed out at the planning stages so they don't get missed at the building stage. Mr. Sutherland stated that the Water Department and Engineering usually do a flow test when applicants have a viable project. Commission member Kocon stated that getting in and out of County Road 37 is so busy now, how will it be at Thanksgiving and Christmas. City Planner Brixius said he was not sure, but one reason for having the restaurant there was that the traffic was one of the appealing aspects of the location. Brixius also stated there are not any traffic control devises proposed for this location. Mr. O'Brien stated that they feel traffic will be more like a theater and traffic will trickle in and out and will not be like rush hour traffic. Commission member Kocon asked if the proposed game room would be comparable to a Chuck E Cheese. Mr. O'Brien stated yes, they would be similar but would have approximately 300 players per . day, which if far less than a Chuck E. Cheese. Chair Leintz stated that there would not be 100 cars at a time trying to access County Road 37 like you would have when a movie theater gets out. . Commission member Dorenbush asked if the 1-94 improvement plan called for a ramp off 94 on the other side to eliminate traffic. Commission member Wagner asked if 60th Street being a dead end would have any chance at going through to County Road 19. City Planner Brixius stated that it is not likely. Commission member Wagner stated on Exhibit A it appears to show road running all the way through site. City Planner Brixius explained that no longer exists. Commission member Wagner asked Mr. O'Brien ifthe patio area is to be gated. Mr. O'Brien replied that currently it is, but there is a possibility that they may remove the patio area. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 15 Commission member Wagner then asked if it stays will there be a gate to the sidewalks. Does the Fire Code require this? City Planner Brixius stated that that for outdoor dining the code requires an egress gate only. Chair Leintz asked if there were any questions or comments. Pauline Hamm of 1128 60th Street NE asked if there was going to be an entrance from the westbound traffic lane. City Planner Brixius stated that no, the exit and entrance will be off of 60th Street on the East side. Ms. Hamm asked where is the water going to drain off of this site. City Planner Brixius stated that we do not have enough information to determine that at this time. Currently the storm sewer is located on County Road 37. The Engineer will need to determine storm water calculations and applicable drain pond sizes required. City Planner Brixius also stated that there is not a sufficient grading plan in place for this site and that is one area that he has asked for more information on. Ms. Hamm asked where the monument signage would be going. Mr. O'Brien stated that it would be going in the front upper comer. Chair Leintz asked if there were any more questions or comments. Commission member Dorenbush stated he felt that there were a lot of questions and concerns that they do not have answers for on the site plan. Commission member Kocon stated that he felt a motion to continue the public hearing until July should be made. Chair Leintz closed the public hearing at 8:04 p.m. MOTION BY Commission member Meza, seconded by Commission member Dorenbush to continue the Preliminary Plat, Commercial PUD/CUP, and Site and Building Plan Review until the July 12,2005 Planning Commission meeting to allow for a more complete submission of plans. Motion carried unanimously. GENTLE DENTAL REZONING, PRELIMINARy/FINAL PLAT, SITE AND BUILDING PLAN Chair Leintz opened the public hearing at 8:05 p.m. M:\Public Data\Planning & Zoning\P&Z minutes'2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 16 City Planner Brixius stated in May of 2005, Miller Architects and Builders, Inc submitted a request for a Site and Building Plan Review, Preliminary Plat, Final Plat and Rezoning ofthe property located at 11090 50th Street NE. The property is currently in a residential district and the applicant is proposing to have it rezoned to B-2 Limited Commercial use. The site consists of approximately 0.4 acres of land and is 110 feet wide by 157 feet deep. The property is currently zoned R-l, Single Family, and has one single-family structure on site. The applicant and owner have applied to have the property rezoned to B-2, Limited Business, to allow for a dental clinic. After review of the Albertville Zoning Map the property shows that it is bordered by a B-2 Zoning District to its west side. Allowing the extension of the B-2 District would make the current B-2 District wider along 50th Street NE, which is a major collector street in the area. The applicant is proposing to allow the lot at 11090 50th Street NE to be rezoned from R -1 to B- 2. The surrounding land uses ofthe property are B-2 to the west and R-l to the east, across the street from the property is the area high school. An amendment to the City's Zoning Map will be subject to the following according to Section 300.1.f of the Zoning Ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comment: The proposal to change from an R-l District to a B-2 District is consistent with the Comprehensive Plan since the property is bordered on the west by a current B-2 zone. In review of the site plan, the city shall attempt to integrate with sire into its long-range land use and transportation goals. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: Since the proposed dental clinic is a low intensity commercial use it is compatible with the existing single-family lot to the east. In the future the existing residential unit may also propose to become a B-2 District as well. The site fronts along a major collector street making it an ideal place to develop a commercial area. The site design must recognize the remaining single family home and mitigate potential nuisance issues (i.e. noise, glare, etc) 3. The proposed use conforms to all performance standards contained herein. Comment: Conformity with zoning standards shall be outlined in site plan review comments of this report. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The building design and proposed use are compatible with the areas uses. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14,2005 Minutes Page 17 5. The proposed use can be accommodated with existing public services will not overburden the City's service capacity. Comment: Public services already extend to the site and will not overburden the City's capacity. 6. Traffic generation by the proposed use is within capabilities of streets serving the property. Comment: Minor traffic will occur to and from the site. The site sits on the comer of two busy roads currently. City Planner Brixius stated the current two single-family lots are isolated from other developments in the city. A change in the land use of the proposed lot would widen the area of the B-2 zone, making a more continuous pattern of the zoned area and would fit in with the larger context of the area. A remaining single family home exists to the east between the proposed site and the joint power and water plant. The remaining single-family lot may someday also be considered for rezoning because of it location between the B-2 district and the power and water plant, which is already commercial in nature. City Planner Brixius asked the Commission, to take into account when considering the proposed land use change and rezoning, that the City Council and Planning Commission make a policy decision as to whether this land use change is appropriate for the overall area. Staff believes in light of the aforementioned conditions, that a low intensity commercial use could exist in the area. In regards to the Preliminary/Final Plat, the applicant is proposing to have the current lot at 11090 50th Street NE be replatted in order to be rezoned from R-l to B-2 (Exhibit C). The replat would allow for the lot to be converted into a dental clinic. The lot meets the minimum standards set for the B-2 Zoning District. The preliminary plat is subject to the Metes and Bounds requirement in Section A-900.2 of the Zoning Ordinance, which states: No building permit shall be issued for any structure on any parcel ofland less than five (5) acres in area or having a width less than three hundred (300) feet on an improved public street, at a building setback line which is described by metes and bounds until a plat describing such parcel of land has been filed with Wright County Recorder's Office and proof thereof is furnished to the City. If the commission recommends approval of the preliminary plat, staff asked that it be conditioned on the following items: 1. Ten foot drainage and utility easements shall be required along each lot line. 2. Utility easements over the utility lines entering the site shall be required. The City Engineer shall determine the easement width. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 18 City Planner Brixius indicated the proposed site fits within the required minimum of 10,000 square feet for a B-2 District. And the setbacks within the B-2 Zoning District have been met. The site shows a single access point to the south off of 50th Street NE. This access point and the building orientation need to be taken into careful consideration because of their impact on the neighboring single-family dwelling. The building location on the site proposes to direct all parking activity toward the neighboring single-family dwelling. The headlights of cars and the streets light will reflect onto the lot. The proposed use will need to be respectful of the existing adjoining property and the applicant will need to make changes to the current lot layout before approval can be granted. City Planner Brixius stated that one of the following two alternatives should be made: 1. The building could rotate 180 degrees to face the west instead of the current arrangement facing the east. All parking would then occur on the west side of the building as well. This layout would move all parking activities away from the property line of the single- family use and the building would act as a buffer. According to the Comprehensive Plan dated 2000, a frontage road running parallel to CR19 is proposed to run adjacent to the west end of the property and intersect with 50th Street NE. Consideration should be taken to allow for access from the property to intersect with the proposed roadway and perhaps this would be the access into the site. 2. The access drive could be shifted to the far-east side of the property and the parking rotated to face into the building instead of into the single-family lot. The parking and the lighting would be lined up against the entrance of the building allowing the activity to move into the building rather than toward the existing single-family house. A full landscape buffer of at least four feet in height will still be required along the property line to protect the residential property. If the applicant chooses to alter the site plans to specification of Alternative 2 then consideration should be taken for a shared Access Easement of twenty (20) feet to be allowed on the two properties. The easement would allow for an easy transition of the remaining single-family lot to become a commercial district and share a driveway with the proposed lot. City Planner Brixius stated that the site plan fits the requirements for parking, although the site plan show parking stalls of 9 feet by 18 feet, the City Ordinance requires that all parking stall lengths for 90 degree parking be 20 feet. In order for the stall length to fit with the requirements the aisle and entry drive could be narrowed from 24 feet to 22 feet, which is the minimum aisle width for 90 degree parking according to the Zoning Ordinance Parking Dimensions. City Planner Brixius stated that this is a very attractive building and in the future LaCentre A venue may go all the way through to this property. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 19 Brixius noted that the site is lacking in screening around the parking lot to provide screening to the neighboring single-family lot. The current plan shows three (3) proposed maple trees along the property line between Gentle Dental and the single family lot, the Zoning Ordinance requires that all non-residential off street parking areas of five (5) or more spaces be screened and landscaped from abutting or surrounding residential districts and from adjacent public streets with a height of four (4) feet or more. These changes must be illustrated in a revised plan. Brixius also stated that the applicant could change the layout of the parking lot and eliminate the spaces to the east of the lot. The proposed area is being change in use and coverage; therefore, they must manage their storm water. No grading/drainage plan has been submitted, so we do not have any information on how the storm water is being treated. City Planner Brixius stated that a utility plan has not been submitted to the City or the staff. The Planning Commission must decide whether to approve the plans after changes have been made and await the comments on the grading and utility plans from the City Engineer, or postpone approval for thirty (30) days until all plans have been received. Chair Leintz asked ifthis property was located next to the Joint Powers Water Treatment Plant. City Planner Brixius stated that it is not the house next to the water treatment plant, but the one to the west. Chair Leintz asked if the existing house will be demolished. Brixius stated that yes, the existing house will be removed and the Gentle Dental Clinic would then be constructed. City Planner Brixius stated the applicants request to rezone the area from R-l to B-2 is a policy decision. The change in land use fits with the zoned nature of the area to the north and west of the property. In considering the land use and zoning change, we must also evaluate the future use of the single-family lot located immediately east of the property. The existing two single- family lots are isolated from other single-family structures of the city. Rezoning the proposed property does offer a compatible land use relationship with the surrounding area. The Planning Commission and Council must make a determination as to whether they agree with this finding that the area should be rezoned from R-l to B-2. If the City deems that the change in land use and zoning appropriate for the Koopman Addition of Gentle Dental, then the preliminary plat is open for review and consideration. Approval of the preliminary plat by the Planning Commission and Council should be subject to the following requirements: 1. Ten foot drainage and utility easements shall be required along each lot line. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 20 2. Utility easements over the utility lines entering the site shall be required. The easement width shall be determined by the City Engineer. 3. Consideration of a twenty (20) foot wide shared access between the proposed site and the property to the east. City Planner Brixius indicated that significant modification to building arrangement and parking plan, are needed and revisions with regard for the single family home to the east must be met before approval will be granted. The Planning Commission must decide whether they will grant approval and allow the following condition be handled by staff, or if a decision to move will be postponed for thirty (30) days while the following revisions are completed and required information received and reviewed by staff: Before approval of the application can be made the Planning Commission must also receive the grading/drainage plan, the utility plan, and the photometric plan. If the aforementioned missing plans are agreeable and other required alterations are made, staff recommends approval of the Gentle Dental application. Chair Leintz asked if anyone was present from the Gentle Dental. Russ Karasch, Development Consultant with Miller Architect approached the commission members and indicated that earlier he had met with staff on a preliminary site plan. Mr. Karasch stated that they originally had the building facing a different direction, but it was his understanding that staff wanted the building to face east. Mr. Karasch stated that he did not see a problem with increasing the landscaping and would install a 4- foot hedge. Mr. Karasch indicated that business hours would be Monday through Thursday from 8 a.m. to 4 p.m. and that headlights from vehicles would not be a problem for that time of day. Mr. Karasch stated he has tried on several occasions to reach the City Engineer and he has not been able to get a return phone call. There is approximately 900 square feet for retaining water and the property could support a holding pond in front. Mr. Karasch said if they were to change the parking lot so vehicle lights would not shine towards the residential property to the east, they would loose approximately 3 parking spaces and then they would not meet the city parking requirements. Chair Leintz asked if they would have a shared driveway. Mr. Karasch indicated that at the staff meeting they did talk about that, but it was indicated to him that it should not be a shared driveway. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 21 City Planner Brixius stated that based on what Mr. Karasch is stating that option number two of the 2000 Comprehensive Plan. Chair Leintz asked Mr. Karasch if you lived there, what would you like to see. The homeowners, Brian and Mary Rose Bebeau were present and addressed Chair Leintz question. Mr. Bebeau stated that they do feel that if the Gentle Dental Clinic is approved that it will isolate them. Mr. Bebeau asked if they were to sell their property, would it be rezoned then to B-2. City Planner Brixius stated that yes they are isolated and that it would be left up to them if they want to stay zoned R-l or be rezoned to B-2. Mr. Bebeau was worried that he would not be able to sell his house if it was rezoned to B-2 and that by having the Gentle Dental Clinic next door it would depreciate the value of his home. He asked what this would do to the value of his home. Commission member Dorenbush stated that it would more than likely increase his property value. Commission member Kocon stated by rezoning to B-2 it would increase the value and it would be to his advantage. Chair Leintz asked Mr. Bebeau ifhe and his family were planning on staying in their home for the rest of their lives. Mr. Bebeau stated that possibly 4 - 5 more years, but it could be as little as 1 year. Chair Leintz asked Mr. Bebeau ifhe was concerned with the way that the building would be facing. Mr. Bebeau stated no. That was not a concern. Chair Leintz asked if there were any questions or concerns. Commission member Wagner asked what staff would like the commission to do at this time. Chair Leintz asked if they really had enough information to make a motion at this time to move forward. City Planner Brixius stated that the city still needs information on the storm water and would recommend that the commission continue until all information is received. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 22 Commission member Dorenbush asked if we could vote on just the rezoning issue at this time. City Planner Brixius stated that he would like the commission to hold until all information is received and make one motion to approve. Commission member Meza asked if this type of rezoning, preliminary plat, site and building plan have been done before. City Planner Brixius said that a very good and recent example would be the Albertville Dental Clinic on Jason Avenue. Mr. Karasch stated that if the commission postponed this project for a month it would really hurt their project and they would have to deal with winter construction. Mr. Karasch felt that if the City Engineer could get back to him, they could have the drainage issue resolved by the end of the week. Commission member Meza asked if a fence would be possible to help with the parking lot and headlight issues. Mr. Karasch stated it would depend on what the setbacks were. City Planner Brixius stated that they may be able to do a boundary line fence, but would need fencing detail to be submitted. Mr. Bebeau stated that he would not like to see a fence that it is basically just a snow catcher. City Planner Brixius indicated he felt that Gentle Dental should explore option number 2 with flipping the parking lot. Council liaison Berning asked what B-2 Zoning District allows. City Planner Brixius replied it allows a variety of retail, Bakery goods, Government and public related utility buildings and structures, office business - clinical, office business - general, personal services, personal wireless service antennas located upon a public structure, including necessary equipment buildings, and public parking garage. With a CUP you could have a daycare, restaurant without a drive through, etc. Chair Leintz asked if you would be able to limit the use to professional services. City Planner Brixius indicated that it would not be possible to limit it to professional services since it would be zoned B-2. Chair Leintz asked if there were any questions or comments. M:\Public Data\Planning & Zoning\P&Z lI1inutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 23 MOTION BY Commission member Dorenbush, seconded by Commission member Wagner to continue the Rezoning, Preliminary/Final Plat, Site and Building Plan Review to the July 12,2005 Planning and Zoning Commission meeting. Motion carried unanimously. SIGN ORDINANCE AMENDMENT - BANNER SIGNS Chair Leintz opened the public hearing at 8:39 p.m. City Planner Brixius stated the City is considering amendments to its Sign Ordinance pertaining to banner signs. These amendments would accommodate some temporary signs in Highway Commercial and General Business districts. The comprehensive Sign Ordinance will take precedence over Zoning Ordinance. City Planner Brixius informed the commission that staff has been directed to analyze current usage of permanent signage in comparison to use of banner signage for select sites in Albertville. The five sites selected for this sign ordinance evaluation are: Casey's General Store, Spectator's Grille & Bar, 152 Club, Geez Sports Bar & Grill, and Smack Down's Sports Bar & Grill. The purpose of the sign ordinance is to establish regulations governing advertising and business signs in the City. The regulations are intended to permit an efficient, effective and aesthetic means to communicate using on and off premise signage while recognizing the need to maintain an attractive and appealing appearance in the community, including the appearance along streets and property used for commercial, industrial and public development and the air space above and between such development. As regulated by City Ordinance the following signs are permitted. * A. Window Signs. Section 9, Subd. 4. The size of the interior window signage shall not exceed twenty percent (20%) up to the maximum of forty (40) square feet, of the entire window area of the one (1) side of the building upon which said signs shall be displayed. B. Front Wall Signs. Section 10, Subd.1. (a). Not more than one (1) sign shall be permitted on the front wall of any principal building. The total area of such sign shall not exceed fifteen percent (15%) of the wall area. As regulated by City Ordinance, the following signs are not permitted. * C. Banners and Pennants. Section 9, Subd.1. No banner, pennant, streamer, string of lights, searchlights or any other similar sign shall be permitted. City Planner Brixius indicated that under the sign ordinance amendment businesses would be able to utilize front wall signage by allowing a framed permanent, interchangeable sign casement or reader board, which would require a one time permit for the construction of the framed reader M:\Public Data\Planning & Zoning\P&Z lI1inutes'2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 24 board. The total front wall signage area and banner signage area must not exceed fifteen percent (15%) ofthe total front wall area. City Planner Brixius stated that most business are not utilizing their wall signage. Don Savitiski, owner ofDJ's, asked when the 32 square feet rule came into effect. City Planner Brixius stated that this has been in the Temporary Sign Ordinance for quite some time and that the allowable size is not changing, only that now banners would be included under the Temporary Sign Ordinance. Zoning Administrator, Jon Sutherland asked if it is possible for businesses to have an existing non-conforming sign grandfathered in. City Planner Brixius stated that there are no amendments being made in the Temporary Sign Ordinance and that you are not allowed to have a sign grandfathered in when it is a temporary sign only a permanent sign. Zoning Administrator Sutherland asked what about an existing banner that is non-conforming. City Planner Brixius stated that currently banners are prohibited. Mr. Savitiski asked what is wrong with have a big sign. City Planner Brixius stated that if size was not regulated, everyone could take advantage of it. Chair Leintz asked if Mr. Savitiski had a sign that was non-conforming. City Planner Brixius stated that under our current Temporary Sign Ordinance that businesses are allowed to have a maximum sign size of thirty-two (32) square feet ifthe adjacent roadway has a posted speed of forty-four (44) miles per hour or less, or sixty-four (64) square feet if the adjacent roadway has a posted speed of forty- five (45) miles per hour or more. Jeff Gustafson, West Side Liquor, stated that they used banners in the past and found that they were hard to see. City Planner Brixius stated that a comprehensive sign plan should have been done for West Side Liquor and it is something that may need to be done, but to keep in mind that this would be for all tenants within that building. Mr. Gustafson indicated that West Side Liquor would like more options on advertising for business than just in the newspapers. Commission member Kocon asked what the speed limit is in front of there. M:\Public Data\Planning & Zoning\P&Z minutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14,2005 Minutes Page 25 City Planner Brixius indicated he thought it was 40 mph. Mr. Savitiski asked what was wrong with advertising with balloons. City Planner Brixius stated that he would need the Commission to direct him to bring changes before the City Council in order to change the current ordinance. City Planner Brixius informed the Commission that businesses could utilize the framed signage to advertise for special events. Wes Wiley, Welcome Furniture, asked why the size of signage could not be larger. Chair Leintz stated that the commission could change allowable size if they could agree on a SIze. Council liaison Berning asked if the size of the four (4) allowable temporary signs could be changed to 64 square feet. City Planner Brixius stated if you change if for portable signage, you would have to do it for banners. Chair Leintz asked if they could exclude banners. Commission member Wagner asked if a temporary sign permit has to be reviewed and approved by the Zoning Administrator Sutherland. Zoning Administrator Sutherland stated that yes he does review and issue temporary sign permits. Mr. Savitiski asked if a temporary sign had to be on wheels. City Planner Brixius indicated that the temporary sign does not have to be on wheels. Commission member Wagner did not feel that a 64 square foot banner would look very good and would clutter the city. City Planner Brixius stated he needed direction for the commission member if they wanted to change the maximum allowable size of the signs. Businesses would still need to meet setback requirements. Commission member Wagner stated that he was not apposed to changing the size of the portable signage, but felt a 64 square feet was too large for a banner, especially along Main Avenue. Chair Leintz closed the public hearing at 9:31 p.m. MOTION BY Commission Member Wagner, seconded by Commission Member Meza to Change existing Temporary Sign Ordinance SECTION 2, Section 9, Subd.15. (d) to read M:\Public Data\Plmming & Zoning\P&Z lI1inutes\2005 Minutes\M 06-14-05.doc . . . Albertville Planning & Zoning Commission June 14, 2005 Minutes Page 26 Maximum Size. Maximum sign size shall be limited to thirty-two (32) square feet for banners and limited to a maximum sign size of sixty-four (64) square feet for portable signs. Chair Leintz asked City Planner Brixius if the City could give Chelsea Property Group a time Limit on cleaning up the dirt pile at the Albertville Premium Outlet Mall. City Planner Brixius stated that the City is working with them on addressing several issues and the City has identified the dirt pile. ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to adjourn the meeting at 9:40 p.m. Motion carried unanimously. .... Sharon Leintz, Chair j!' . t. i "' I Ii} if; C "Ii"\)" / I 1" I \A., ""'-t ~ (4:;\,../' Tori !Leg ardt, Permit Technician/Secretary M:\Public Data\Pla1l11ing & Zoning\P&Z lI1inutes\2005 Minutes\M 06-14-05.doc