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2007-01-09 PC Agenda Packet ~ "!~~!'!tlL€ PLANNING & ZONING COMMISSION Tuesday, January 9, 2007 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES November 14,2006 regular meeting 3. PUBLIC HEARINGS a. Field Plaza 2nd Addition Preliminary PlatlFinal Plat b. Lake Community Bank Variance/Text Amendment 4. OTHER BUSINESS a. Niemeyer Trailer Sales Concept Plan b. Text Amendment, Off-Street Parking Sections 1200.4 and 1200.6 c. Fill Dan Wagner's vacancy d. Appoint Chair and Vice Chair e. Set 2007 Meeting Dates 5. ADJOURNMENT "A quorum of Council members may be present." AFFIDAVIT OF POSTING STATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) Bridget Miller, being first duly sworn, says that on this sth day of January 2007, Bridget posted the documents as shown on the reverse side a true copy of each thereof at 3 :30 p.m. at the Albertville City Offices in the window, at the City of Albertville, County of Wright, State of Minnesota. Subscribed and sworn to before me thisS+.!>. day Of~, 2007. \ '"\ Notary Public \, TOR! ANN LEONHARDT NOTARY PUBLiC.MINNESOTA My Ccmm. Ex!" Jan. 31,2009 M:\Public Data\Planning & Zoning\P&Z agenda\Affidavit of Agenda Posting format.doc ~ AJ~~!1\!.iJLE: PLANNING and ZONING COMMISSION MINUTES January 9, 2007 Albertville Council Chamber 7:00 PM CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Denise Prow, and Scott Dorenbush, Council liaison Dan Wagner, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, Zoning Administrator/Building Official Jon Sutherland, and Secretary/City Clerk Bridget Miller Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. ADOPT AGENDA MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve the agenda as amended adding discussion of K. Hovnanian' s vacation of the drainage and utility easement on Lot 9, Block 3 Hunter's Pass Estates and on file in the office of the City Clerk. Motion carried unanimously. APPOINT CHAIR AND VICE-CHAIR Chair Leintz asked if there were any nominations for the position of Chair to the Planning and Zoning Commission. Commission member Kocon nominated Leintz to the position of Chair. There were no other nominations. MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to appoint Sharon Leintz to the position of Chair of the Planning and Zoning Commission for a one-year term. Motion carried unanimously. Chair Leintz asked if there were any nominations for the position of Vice-chair to the Planning and Zoning Commission. Commission member Dorenbush nominated Kocon to the position of Vice-chair to the Planning and Zoning Commission. There were no other nominations for the position of Vice-chair. City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 2 of7 MOTION BY Commission member Dorenbush, seconded by Commission member Prow to appoint Frank Kocon to the position of Vice-chair to the Planning and Zoning Commission for a one-year term. Motion carried unanimously. {Kocon term expires 12/31/07, Prow appointed 09/06 term expires 12/31/09, Leintz re-appointed 11/06 term expires 12/31/09, Dorenbush re-appointed 12/06 term expires 12/31/10, vacancy term expires 12/31/ 10} MINUTES MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to approve the November 14, 2006 minutes as amended correcting the spelling of Commission members Prow's name and on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARINGS FIELD PLAZA 2ND ADDITION - PRELIMINARY PLAT AND FINAL PLAT Chair Leintz opened the public hearing at 7:03 p.m. City Planner Brixius reported that Blaine Rentals is requesting a Preliminary and Final Plat approval for a minor subdivision to be known as Field Plaza 2nd Addition. The site is bordered by Interstate 94 to the north, CSAH 37 to the east, 60th Street NE to the south and a park-n-ride lot to the west. According to the Comprehensive Plan, the site is designated for commercial land uses. Brixius stated that at this time there is no specific site and building plan for review. Brixius concluded stating that upon review of the proposed plat, staff finds that it is consistent with the performance requirements for the B-3, Highway Commercial district. Further evaluation must occur once the site and building plan review has been submitted. The city must determine, in the future, the feasibility of relocating the park-n-ride lot that is located to the west. Any relocation of the park-n-ride lot would result in a need to adjust the Preliminary and Final Plat. Staff recommends approval of the Field Plaza 2nd Addition Preliminary Plat and Final Plat subject to the condition that the water utility extension to Lot 1 is illustrated on the plat. Commission member Kocon inquired about the piping that is currently located on the site. Kocon toured the site and noticed in the rear northwest comer there appears to be a concrete or cast-iron pipe that sticks up above the ground. Assistant City Engineer Nafstad informed the commission that the pipe located in the rear ofthe lot is a storm sewer pipe. City Planner Brixius brought to the commission's attention the fact that the applicant, Tom O'Brien was present. 2 City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 3 of7 Tom O'Brien reported that Blaine Rentals has planned for a building that would not interfere with the drainage easement located on the site; therefore there is no need for additional discussion pertaining to the drainage on the site. Chair Leintz asked if anyone was present regarding the public hearing for the Preliminary and Final Plat approval of Field Plaza 2nd Addition. There was no one in the audience with concerns regarding the Field Plaza 2nd Addition. Chair Leintz closed the public hearing at 7:16 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve Field Plaza 2nd Addition - Preliminary Plat and Final Plat with staffs recommendation and City Council approval at the February 5, 2007 City Council meeting. Motion carried unanimously. LAKE COMMUNITY BANK - VARIANCE - TEXT AMENDMENT Chair Leintz opened the public hearing at 7:17 p.m. City Planner Brixius stated that Lake Community Bank has applied for a variance for business ground signage. Brixius went over the fact that the applicant is requesting a white background to match Lake Community Bank's trademark logo. Mr. Shannon and Mr. Eull both feel the logo and lettering will not be readable if the dark background is enforced. According to Mr. Shannon and Mr. Eull the Zoning Ordinance is creating a trademark infringement because the dark background alters the appearance and colors of the Lake Community Bank logo. City Planner Brixius suggested approving the Lake Community Bank ground sign variance tonight and have staff research the Zoning Text Amendment for discussion at the next Planning and Zoning Commission meeting. City Planner Brixius brought to the commission members attention that the applicant and owner were present to address any other concerns. Mike Byrne stated that he appreciated the fact that the Planning Commission, City Council, and staff for considering the sign variance for Lake Community Bank. Mr. Shannon informed the commission members that he obtained a copy of the 2005 Albertville Municipal City Code Sign Ordinance in February 2006. At thattime Mr. Shannon was not aware that the Commission and Council were reviewing the ordinance. Color Signs System began the process of designing Lake Community Bank's trademark logo. November 2006 is when the application for the ground sign was submitted and that is when they were informed of the ordinance change relating to the dark background. 3 City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 4 of7 Mr. Eull reported that Lake Community Bank has dimmed down the lights and has contemplated putting the sign on a timer so it would turn-off at 11 :00 p.m. Commission member Dorenbush had concerns approving the sign variance since the ordinance was reviewed and approved less than a year ago. Chair Leintz asked that if the city amends the sign ordinance, could the city put additional restrictions of the height of the signs and restrict the hours of illumination. City Planner Brixius suggested that the exception to the ordinance that would deal with white backgrounds would be to cut back on the amount of illumination and to enforce the current hours of illumination, which is that signs are to be turned off at 11 :00 p.m. Staff would like to review zoning ordinances with the commission, one of the amendments would be the height of signs. Chair Leintz asked if there was anyone present regarding the Lake Community Bank Variance request. There was no one in the audience with concerns regarding the Lake Community Bank. Chair Leintz closed the public hearing at 8:00 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve Lake Community Bank Sign Variance contingent on City Council approval at the February 5, 2007 City Council meeting and with the conditions of the 2005 Albertville Municipal City Code Sign Text Amendment(s) that will be discussed at the February 13,2007 Planning and Zoning Commission. Motion carried unanimously. OTHER BUSINESS NIEMEYER TRAILER SALES CONCEPT PLAN City Planner Brixius informed the commission that Niemeyer Trailer Sales has submitted a Concept Plan Review application for a building and warehouse facility with an outdoor display of recreational vehicles to be located at 10172 65th Street NE within the Albertville city limits. What the applicant would like to know is whether the Commission would be open to the concept of this type of use for the site. The proposed site is bordered by Interstate 94 to the north, CSAH 37 to the south, and Long Haul Trucking facility to the west. The construction of the trailer sales facility would occur in two phases. The first phase would consist of the construction of an 11,200 square foot building; the second phase would consist ofa 5,000 square foot addition on the north side of the principal building. 4 City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 5 of7 City Planner Brixius reported that the site is currently zoned I-I, Limited Industrial. Staff believes a B- W, Business Warehouse zoning district is more appropriate for the site, which would require the applicant to review the restrictions according to the Albertville Zoning Ordinances. Should the Commission want to consider the request to construct the trailer sales, the applicant would need to apply to re-zone the site from I-I to B-W, along with a Conditional Use Permit for enclosed retails sales, outdoor sales, outdoor storage, and outdoor sales lot. Following the discussion of the requirements and listening to the applicant, the commission was in agreement with the concept plan for Niemeyer Trailer Sales. The commission members encouraged the applicant to proceed with the process of completing an application to re-zone the site from I-I to B- W, and a Conditional Use Permit per staff s recommendations. TEXT AMENDMENT - OFF-STREET PARKING - SECTIONS 1200.4 AND 1200.6 City Planner Brixius brought to the commission's attention the fact that the city is considering amendments to its Off Street Parking requirements portion of the Zoning Ordinance. The city has received concerns and complaints regarding the parking and storage of large commercial trucks in parking lots designed for automobiles. The commission agreed to set a Public Hearing at the February 13,2007 meeting to discuss amending the Off Street Parking requirements. The commission appeared to support Option 2; l200A.H. Stall, Aisle and Driveway Design: 1. Parking Stall Dimensions. Option 2 identifies a table for configuring the dimensions for parking lots facilities. FILL COMMISSION MEMBER DAN WAGNER'S POSITION City Clerk Miller informed the commission members that an advertisement was placed in the Volume 1, 2007 Albertville City Newsletter for the vacancy on the Planning Commission. The applications are available at City Hall and are due by Friday, February 2. The commission would then review the applications at the February 13,2007 meeting, inviting the applicants to attend. At that time the commission would make a recommendation to the City Council appointing a member to fill the vacancy. SET 2007 PLANNING AND ZONING COMMISSION MEETING DATES City Planner Brixius and City Clerk Miller reported that at each commission member's desk there is a "Year At A Glance" calendar that notes when the 2007 meeting dates will be. City Clerk Miller stated that the City Council set a joint meeting with the Planning Commission which has been set for Monday, January 22 at 7:00 p.m. and will be held at City Hall in the Council Chamber. 5 City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 6 of7 MOTION BY Commission member Prow, seconded by Commission member Dorenbush to approve the 2007 Planning and Zoning Commission meeting dates as amended adding the joint City Council- Planning Commission meeting to be held on Monday, January 22, 2007 at 7:00 p.m. at the Albertville City Hall in the Council Chamber and on file in the office of the City Clerk. Motion carried unanimously. K. HOVNANIAN DRAINAGE AND UTILITY EASEMENT VACATION City Planner Brixius reported that K. Hovnanian has applied for a drainage and utility easement vacation for Lot 9, Block 3, Hunter's Pass Estates. Assistant City Engineer Nafstad informed the commission that when the builder originally submitted a Certificate of Survey for the proposed house, there was a minor encroachment into the easement that occurred with the construction. After construction proceeded, the wrong front porch was attached to the original house plans that were reviewed by the Building Official, Assistant City Engineer, City Attorney, and City Planner. Shawn Sides with K. Hovnanian explained that the surveyor made an error on the location of the building. K. Hovnanian has made the necessary measures to ensure the mistake does not happen agam. MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve the vacation of the easement contingent on City Council approval at the February 5, 2007 City Council meeting and with the conditions set by the City Council at that time and on file in the office of the City Clerk. Motion carried unanimously. ORDINANCE AMENDMENTS The Planning and Zoning Commission asked if the City Council would consider a moratorium on Section 10-7-8 of the 2005 Albertville Municipal City Code. Staff stated that they would bring this request forward to the City Council at the February 5, 2007 City Council meeting. 6 City of Albertville Planning & Zoning Commission Minutes January 9, 2007 Page 70f7 ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Prow to adjourn at 9:00 p.m. Motion carried unanimously. ~O!M- Sharon Leintz, ChaIr e;~. ~ Q9M_ Bridget Mill , CIty Clerk/Secretary 7