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2007-06-12 PC Agenda Packet PLANNING & ZONING COMMISSION Tuesday, June 12, 2007 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES March 26, 2007 City Council/Planning and Zoning Joint Meeting (pages 1-6) May 8, 2007 Regular Planning and Zoning Meeting (pages 7-14) 3. PUBLIC HEARINGS a. Knechtl/Hoey Billboard Variance (pages 15-16) b. Geez Sports Bar and Grill Zoning Ordinance Text Amendment and Conditional Use Permit (pages 17-28) c. Electronic Sign Ordinance Amendment (pages 29-36) 4. OTHER BUSINESS a. Fraser Steel Site and Building Plan Review (pages 37-55) b. Shoppes at Towne Lakes II Elevation Review (pages 56-65) 5. ADJOURNMENT “A quorum of Council members may be present.” 15 MEMORANDUM TO: Larry Kruse, City Administrator FROM : Dan Petrik/Alan Brixius DATE: June 6, 2007 RE: Albertville - Knechtl Property/Hoey Sign Height Variance NAC FILE: 163.05 – 07.15 BACKGROUND The City of Albertville is currently negotiating with Gerhard Knechtl for the purchase of land for a freeway ramp at I-94 and County Road 19. Parts of these negotiations include the relocation of an existing billboard. These negotiations will allow the billboard relocation, while maintaining the same top of sign elevation to ensure visibility. The City is processing a sign height variance to compensate for the loss of ground elevation at the new relocation and to maintain the current top of sign elevation. The current billboard sign is located at the northeast corner of I-94 and County Road 19. The sign conforms to all setback, size and height requirements, as well as requirements governing the spacing distance from other billboard signs. The current sign is 30 feet tall, the maximum allowed by ordinance. The top of the sign is also 993.32 feet above sea level as a measure of absolute height. The applicants propose to move the sign to vacant nearby land. The variance is to maintain the top of sign elevation as measured from sea level, which would be more than 30 feet from the ground as required by the Zoning Code. VARIANCE EVALUATION Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the sign regulations, the City Council has the power to vary the requirements in harmony with the general purposes and intent, so that the public health, safety and general welfare may be secured and substantial justice done. When considering a variance, the City Council shall make a finding of fact and grant approval based upon the following conditions: 16 A. That the conditions involved are unique to the particular parcel of land or use involved. The City intends to acquire the parcel of land on which the conforming site sits. This action only affects this unique piece of land and this particular billboard. B. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. The purpose of the variance is to maintain the existing height as measured from sea level in order to maintain visibility from I-94, and hence its current value. C. That the alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the parcel. The hardship is caused by the public action of acquiring the land on which the sign sits for an exit ramp off of I-94 onto County Road 19. D. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the sheriff’s and fire departments of the city. The relocated sign will not have any negative effects on the public health, safety and welfare of the community. RECOMMENDATION Staff recommends approval subject to the following conditions: 1. The relocated sign is at least 1,000 feet from the nearest billboard sign. 2. The relocated sign conforms to all setback requirements of the B-2A District. 3. The relocated sign is setback at least 150 feet of the OHWL of School Lake. 4. The sign conforms to all sign area restrictions for advertising signs per ordinance. 5. Construction documents and a sign permit shall be required for the relocated sign and shall be submitted to City staff for review and approval. 6. The land needed to relocate the sign must be platted. c. Bridget Miller Jon Sutherland Adam Nafstad Mike Couri Kim Eckert (via email kim@kimeckertteam.com) Mike Hoey, Schubert and Hoey Outdoor Advertising, 2747 26th Avenue South, Minneapolis, MN 55406 17 MEMORANDUM TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: June 6, 2007 RE: Albertville – Geez Sports Bar Zoning Text Amendment, Conditional Use Permit NAC FILE: 163.06 – 07.11 Received: 5/14/2007 60 Day Notice: 7/13/2007 BACKGROUND Geez Sports Bar in Downtown Albertville has applied for a Zoning Text Amendment, Conditional Use Permit. The Zoning Text Amendment is proposed to amend Sections 4300, 4350, 4400 and 4500 of the Albertville Zoning Ordinance to allow outdoor dining in the B-2, B-2A, B-3 and B-4 Districts through a Conditional Use Permit. If the amendment is approved then the CUP for outdoor sales/dining is requested by Geez to allow them to complete the construction of their patio and provide outdoor seating. Attached for reference: Exhibit A Geez Site Plan Exhibit B Site Plan Drawn by NAC ISSUE ANALYSIS Zoning. The Geez Bar property at 5788 Main Avenue NE in Downtown Albertville is zoned B-4, General Business District. Outdoor dining/sales is currently not a permitted use or conditional use within the district. Therefore, Geez has applied to amend the business sections of the Zoning Ordinance to allow for outdoor dining facilities as a conditional use. 18 Zoning Text Amendment. The following text is suggested as an addition to the conditional use section of the B-2 Limited Business District, B-2A Special Business District, B-3 Highway Business District, and B-4 General Business District of the Zoning Ordinance. 4500.4 The following are conditional uses in a B-4 District (also to be applied to the B-2, B-2A, and B-3 Districts), subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) I. Outdoor Dining Facilities; provided that: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked ‘Exit Only’ and shall meet all building code requirements. 3. The size of the dining area is restricted to 75% of the gross area of the current building, and shall maintain the lot requirements of the district. (The B-2, B-2A, and B-3 Districts shall be restricted to 20%) 4. The dining area is screened from view from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 6. No outdoor dining shall be allowed on the public sidewalk. 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter with in 100 feet of the patio area. 19 12. No live outdoor music performances. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation or holding area shall be established. Currently in the Zoning Ordinance, language for outdoor dining facilities can only be found as a conditional use in the B-2 District under restaurants. The language under the B-2 District Reads as follows: 4. Outdoor dining facilities shall not exceed twenty percent (20%) of the interior gross floor area of the use. Outdoor storage of outdoor furniture shall not be permitted during the off season. Twenty percent of the gross floor area would limit Geez to only 292 square feet of patio; Geez’s current proposal is for a 1,056 square feet patio. Therefore, this new language proposes to increase the 20% restriction to 75% while requiring that the patio fit within the lot requirements. The increase in the allowed percentage would allow Geez a patio of 1,095 square feet. Larger allowed percentages are arguably appropriate in the B-4 District due to the smaller buildings and lot sizes found here. If the Planning Commission and Council chose to approve the amendment to the Zoning Ordinance, then the Conditional Use Permit for Outdoor Dining Facilities shall also be approved so long as Geez Bar and Grill meets all of the requirements of the text amendment. Off-Street Parking. Geez is unable to provide the required number of off-street parking stalls. The Ordinance requires them to provide 33 parking stalls and with the addition of an outdoor patio, more parking stalls for dining guest should be provided. The dining area of the patio is 1,056 square feet, which would require an additional 27 parking stalls for a total of 60 stall overall. In order to meet its parking requirement Geez will need to provide another 51 parking stalls. With the proposal of the outdoor sales Geez has also demonstrated space for nine gravel surfaced parking stalls along the building and the fence. In order for Geez to provide parking for patrons of the restaurant, they shall be required to comply with the B-4 parking requirements stating: Within the B-4 Zoning District, the City may approve development and uses which do not comply with the required number of parking spaces as a conditional use permit; provided that: A development agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the city sponsored and provided parking space construction, maintenance, and parking site acquisition for on street, lot and/or ramp parking. 20 Said responsibility shall be determined on the basis of the property's parking space shortage based upon ordinance requirements, in relationship to the total parking space shortage, as defined by this chapter for a defined service and benefit area. The "service and benefit area" shall include all properties which benefit from the available public parking serving a particular retail and commercial neighborhood or district. The amount of parking provided on the property in question is the maximum amount possible, taking into account the use and design objectives of the B- District as outlined by this ordinance and the comprehensive plan. The parking shortages created by the development are not premature or in excess of the supply which can be provided by the city through a public parking system on a long term. The City is in negotiations for a land trade with the 152 Club to provide a City parking lot behind the 152 Club and Geez to provide parking for their patrons and others to downtown businesses under an agreement with the City. A small portion of the land trade will involve Geez’s site in order to create a sizable entrance. Therefore, Geez should enter into a development agreement with the City of Albertville to be financially responsible for it share of parking based on its shortage of 51 parking stalls. If Geez fails to provide parking for its patrons the conditional use permit for outdoor dining shall be revoked. Outside Liquor License. Since liquor will be served outdoors, Geez shall apply for an outside liquor sales license with the City of Albertville. This license will restrict the outside sales of liquor between the hours of 12 am (midnight) and 8 am. Fencing and Access. The area designated for the dispensing and consuming of intoxicating liquor shall be enclosed by a fence with access into the designated area allowed only via the principal building located on the property, unless a different controlled access is approved by the City. The site plan shows three gates into the fenced area. The gates shall be labeled as emergency exit only from the interior and exterior of the fence. Any violation of entrance shall mean the revocation of the Conditional Use Permit for outdoor dining facilities. Landscaping and Screening. The site plan labels an eight foot wide strip and a fifteen foot wide strip along the rear and south side of the property as area for landscaping. This area shall be planted with tall shrubs and ornamental trees to screen the patio from the neighboring residential properties. RECOMMENDATION Based on the information submitted by Geez Bar and Grill and review of communities’ ordinance staff recommends approval of the Zoning Text Amendment for outdoor dining facilities, and the Conditional Use Permit for outdoor dining facilities at Geez in Downtown Albertville. Staffs approval is subject to following conditions: 21 1. Geez shall meet all of the criteria established by the Zoning Text Amendment for outdoor dining facilities. 2. Geez shall enter into a development agreement with the City of Albertville to be financially responsible for it share of parking based on its shortage of 51 parking stalls. 3. Geez shall apply for an outside liquor sales license with the City of Albertville. 4. The gates shall be labeled as emergency exit only from the interior and exterior of the fence. 5. The landscape area surrounding the patio shall be planted with tall shrubs and ornamental trees to screen the patio from the neighboring residential properties Pc. Bridget Miller Adam Nafstad Mike Couri Jon Sutherland Curt Gentile, 10591 Karston Avenue, Albertville, MN 55301 22 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 4300: B-2 LIMITED BUSINESS DISTRICT, 4350: B-2A SPECIAL BUSINESS DISTRICT, 4400: B-3 HIGHWAY BUSINESS DISTRICT, 4500: B-4 GENERAL BUSINESS DISTRICT RELATING TO OUTDOOR DINING THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Section 1. Chapter 4300.4 relating to outdoor seating in the B-2 Limited Business District is hereby amended to read as follows: F. Restaurants without drive-through facilities; provided, that: 4. Outdoor dining facilities shall not exceed twenty percent (20%) of the interior gross floor area of the use. Outdoor storage of outdoor furniture shall not be permitted during the off season. as regulated by Subsection I of this Chapter. I. Outdoor Dining Facilities; provided that: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked ‘Exit Only’ and shall meet all building code requirements. 3. The size of the dining area is restricted to 20% of the gross area of the current building, and shall maintain the lot requirements of the district. 4. The dining area is screened from view from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 6. No outdoor dining shall be allowed on the public sidewalk. 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 23 8. A minimum width of 36” shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter with in 100 ft of the patio area. 12. No live outdoor music performances. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation or holding area shall be established. Section 2. Chapter 4350.4 relating to outdoor seating in the B-2A Limited Business District is hereby amended to read as follows: J. Outdoor Dining Facilities; provided that: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked ‘Exit Only’ and shall meet all building code requirements. 3. The size of the dining area is restricted to 20% of the gross area of the current building, and shall maintain the lot requirements of the district. 4. The dining area is screened from view from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 6. No outdoor dining shall be allowed on the public sidewalk. 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 24 8. A minimum width of 36” shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter with in 100 ft of the patio area. 12. No live outdoor music performances. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation or holding area shall be established. Section 3. Chapter 4400.4 relating to outdoor seating in the B-3 Limited Business District is hereby amended to read as follows: P. Outdoor Dining Facilities; provided that: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked ‘Exit Only’ and shall meet all building code requirements. 3. The size of the dining area is restricted to 20% of the gross area of the current building, and shall maintain the lot requirements of the district. 4. The dining area is screened from view from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 6. No outdoor dining shall be allowed on the public sidewalk. 25 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 36” shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter with in 100 ft of the patio area. 12. No live outdoor music performances. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation or holding area shall be established. Section 4. Chapter 4500.4 relating to outdoor seating in the B-4 Limited Business District is hereby amended to read as follows: O. Outdoor Dining Facilities; provided that: 1. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. 2. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked ‘Exit Only’ and shall meet all building code requirements. 3. The size of the dining area is restricted to 75% of the gross area of the current building, and shall maintain the lot requirements of the district. (The B-2, B-2A, and B-3 Districts shall be restricted to 20%) 4. The dining area is screened from view from adjacent residential uses. 5. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. 26 6. No outdoor dining shall be allowed on the public sidewalk. 7. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. 8. A minimum width of 36” shall be provided within aisles of the outdoor dining area. 9. Off-street parking shall be adequate for both indoor and outdoor seating areas. 10. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. Property owners shall pick up litter with in 100 ft of the patio area. 12. No live outdoor music performances. 13. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. 14. No outdoor bar, cooking facility, food preparation or holding area shall be established. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council the 2nd Day of July, 2007 Ron Klecker, Mayor Bridget Miller, City Clerk 29 MEMORANDUM TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: June 7, 2007 RE: Albertville – Electronic Billboards NAC FILE: 163.05 – 07.05 BACKGROUND The City Council requested for Northwest Associated Consultants to look into up dating the Albertville Sign Ordinance to accommodate Electronic Signage. Recently we have seen discussion of the topic in the news due to controversy these signs are causing in communities. The controversy most communities are looking into is whether or not these sign create a hazard for motorist by causing one more distraction. During the March and April Planning Commission the concern for regulating these signs along with other reader board or changeable copy signs was discussed. The attached ordinance amendment proposes to allow electronic signs on advertising devises and as an accessory to a building sign with regulations. The following summarizes the intent of the ordinance amendment: Additions to Application for Permit: Language added to require electrical information for all new signs. Additions to Advertising Devises: Electronic advertising devices (billboards) will only be permitted for legal conforming billboards. The illumination is to be restricted to 500 lumens for all electronic signs. The Planning Commission should discuss whether they would like for the electronic devices to be allowed to change messages and if so how often. Business, Industrial, and Multiple Occupancy Signs: Language is proposed for changeable copy signs in all business and industrial districts. The size of these signs will be limited to 25% of the allowable sign area but no more than 40 square feet. The language will limit the signs from flashing, scrolling, special effects or animated scenes. 30 The Planning Commission should discuss this requirement due to the fact that the City’s sign currently has a scrolling message. The Planning Commission should also discuss if the signs shall be allowed to change messages and if so how often. All signs within 300 feet adjoining residential property will be required to screen the sign and the message is required to be monochromatic and no more than 500 lumens at the sign face. Additional language has been added to prohibit changeable copy signs as window signs and restrict the allowed height of changeable copy signs. RECOMMENDATION Planning Commission should discuss any further changes. Attachment: Exhibit A Ordinance Amendment for Electronic Signs Pc Bridget Miller Mike Couri Adam Nafstad Jon Sutherland 31 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-7 OF CHAPTER 7 RELATING TO SIGNS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-2 relating to sign definitions is hereby amended to read as follows: Changeable Copy Sign: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable Copy Signs shall also include the following: a. Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. b. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. c. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to the illusion of 32 moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Flashing Sign: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling, any image movement occurring in intervals of less than eight (8) seconds. A sign which contains an intermittent or flashing light by means of animation or an externally mounted intermittent light source. Multi-Vision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two or more images. Off-Premises Signs: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. On-Premises Signs: A sign that is located on property that is the premises, property or site of the use identified or advertised in the sign. Rotating Sign: A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including without limitation a multi-vision sign. Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image. SECTION 2: Section 10-7-5 B. relating to application for permit is hereby amended to read as follows: Section 10-7-5 B. Application For Permit: 7. Any electrical permit required and issued for the sign. 8. A detailed description of any electronic or electrical components that are proposed to be added to the sign. 33 SECTION 3: Section 10-7-5 A. relating to the general standards for advertising devices is hereby amended to read as follows: 9. Electronic changeable advertising devices shall only be permitted only on legal conforming advertising devices. SECTION 4: Section 10-7-8 A. relating to permitted business signs is hereby amended to read as follows: A.6. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the business districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for either a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. All flashing, scrolling, special effects or animated scenes on changeable copy sign shall be prohibited except for allowing the change in message to be no more than once every eight (8) seconds. 4. No Changeable Copy Signs shall be closer than three hundred (300) feet from any residential area unless they are screened from the adjoining residential property. 5. The message is monochromatic and the Illumination does not exceed five hundred (500) Lumens per square foot of sign face. 6. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face. 7. Changeable copy signs shall not be permitted as window signs. SECTION 5: Section 10-7-8 B. relating to permitted automobile service station signs is hereby amended to read as follows: B. 9. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the automobile service district with the following restrictions. 34 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for either a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. All flashing, scrolling, special effects or animated scenes on changeable copy sign shall be prohibited except for allowing the change in message to be no more than once every eight (8) seconds. 4. No Changeable Copy Signs shall be closer than three hundred (300) feet from any residential area unless they are screened from the adjoining residential property. 5. The message is monochromatic and the Illumination does not exceed 500 Lumens per square foot of sign face. 6. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face. 7. Changeable copy signs shall not be permitted as window signs. SECTION 6: Section 10-7-8 C. relating to permitted single occupancy industrial signs is hereby amended to read as follows: C. 6. Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the industrial districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for either a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. All flashing, scrolling, special effects or animated scenes on changeable copy sign shall be prohibited except for allowing the change in message to be no more than once every eight (8) seconds. 35 4. No Changeable Copy Signs shall be closer than three hundred (300) feet from any residential area unless they are screened from the adjoining residential property. 5. The message is monochromatic and the Illumination does not exceed 500 Lumens per square foot of sign face. 6. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face. 7. Changeable copy signs shall not be permitted as window signs. SECTION 7: Section 10-7-8 D. relating to permitted multiple occupancy commercial and industrial signs is hereby amended to read as follows: D. 5 Changeable Copy Signs a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the multiple occupancy commercial and industrial districts with the following restrictions. 1. The changeable copy sign shall not exceed a maximum of twenty five percent (25%) of the allowable sign area or exceed forty (40) square feet, whichever is less, for either a freestanding or wall sign. 2. Changeable copy signs occurring on free standing signs shall not be higher than twenty (20) feet. 3. The message displayed on changeable copy signs shall be depicted in one statement and not a continuing sentence or flow of information. All flashing, scrolling, special effects or animated scenes on changeable copy sign shall be prohibited except for allowing the change in message to be no more than once every eight (8) seconds. 4. No Changeable Copy Signs shall be closer than three hundred (300) feet from any residential area unless they are screened from the adjoining residential property. 5. The message is monochromatic and the Illumination does not exceed 500 Lumens per square foot of sign face. 6. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face. 7. Changeable copy signs shall not be permitted as window signs. 36 d. Changeable Copy Signs shall be for area identification signs only and shall not be for individual tenant free stand or wall signs. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council the 2nd Day of July, 2007 Ron Klecker, Mayor Bridget Miller, City Clerk 37 PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Carie Fuhrman / Alan Brixius DATE: June 7, 2007 RE: Albertville – Ebert Construction/Fraser Precision Tubular Parts – Site and Building Plan Review NAC FILE: 163-06 – 07.12 BACKGROUND Ebert Construction is requesting a Site and Building Plan Review for the property owned by Fraser Building Partnership. The applicants are requesting a Site and Building Plan Review of an addition onto an existing warehouse facility. The existing warehouse facility is approximately 47,000 square feet, and the addition is approximately 24,500. The total building area will be 71,586 square feet, according to the project engineers. The Preliminary and Final Plat of Barthel’s Industrial Park, 2nd Addition, were approved on December 4, 2006 by the Albertville City Council. The subject property is described as Lot 1, Block 1, Barthel’s Industrial Park, 2nd Addition, owned by Fraser Building Partnership and is located at 11915 53rd Street NE. Lot 1 contains 4.6 acres, or 200,713 square feet. Attached for reference: Exhibit A: Vicinity Map Exhibit B: Existing Conditions/Preliminary Plat Exhibit C: Preliminary Civil Site Plan Exhibit D: Preliminary Grading, Erosion Control, and Utility Plan Exhibit E: Site Plan and Legal Description for Purchase Agreement Exhibit F: Official Plat Copy of Barthel’s Industrial Park 2nd Addition Exhibit G: Floor Plan Exhibit H: Exterior Elevations Exhibit I: Resolution regarding the modified Development Program and the TIF Plan Exhibit J: City Engineer’s Comments 38 ISSUES ANALYSIS Lot Area/Lot line. Fraser Precision Tubular Parts is requesting the City adjust the approved final plat to shift the east property line. This request will be presented to the City Council at their July 18, 2007 meeting. Zoning. The subject area is zoned I-1, Limited Industrial, and shall remain zoned I-1. The applicants have stated that the existing use of the property is for a manufacturing plant and office for steel parts, which is an allowed use in the I-1 Zoning Districts. Lot 1 currently has access onto 53rd Street. As a part of the approval of Barthel’s Industrial Park, 2nd Addition, access onto 52nd Street was also approved. The following table illustrates the required and proposed zoning standards for the I-1 Zoning District that shall apply to the subject building: Zoning Standard Required Proposed Front Yard Setback 35 feet 53rd Street – 35 feet Side Yard Setback Interior Lot – 10 feet SW Line – 10.3 feet NE Line – 166 feet Rear Yard Setback 20 feet 62.5 feet Maximum Site Coverage Hard Surfaces – 85% Building – 71,586 Parking Lot – 78,547 150,133/200,713 = 75% Maximum Building Height 35 feet 26 feet Comprehensive Plan. The Comprehensive Plan identifies this area as Industrial. The policies of the Industrial Land Use areas of the Comprehensive Plan include, but are not limited to, the following: • Promote the infill of development in the existing industrially zoned areas of the City; and • Continue to maintain and expand the City’s industrial and commercial tax base to assist in paying for needed services and in reducing tax impact on housing costs. Lighting. The submitted plans indicate that ten wall pack light fixtures are proposed on the exterior elevations, which will match the existing lighting fixtures. No parking lot lighting has been illustrated on the submitted plans. A detailed lighting plan shall be provided prior to issuance of a building permit. The submission of lighting plans, including evidence that the proposed outdoor lighting will comply with the Zoning Ordinance, is required (Section 1000.10.G). The application shall contain the following information, in addition to other required information: 1. Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices. 2. Description of the type of illuminating devices, fixture, lamps, supports, reflectors, and other lighting devices (angle of cutoff). The description shall include, but is not limited to, catalog cut by manufacturers and drawings (including sections where required). 39 3. Photometric plans illustrating the light emissions and illumination field of the proposed site lighting. Any lighting used to illuminate a structure, off-street parking area, or any other area, shall be arranged to deflect the light away from any public right of way. All lighting shall be installed in accordance with the following provisions (Section 1000.10.F.2.): a. Light cutoff: The luminaire shall contain a cutoff which directs and cuts off the light at an angle of ninety (90) degrees or less. b. Lighting Adjacent Property: No light source or combination thereof which casts light on a public street shall exceed one foot-candle as measured from the right of way line of said street. c. Height of Source And Pole: The maximum height of the fixture and pole above the ground grade permitted for light sources is thirty feet (30’). A light source mounted on a building shall not exceed the height of the building. In no case shall the height of a light source mounted on a pole or on a building exceed the height limits of the zoning district in which the use is located, unless allowed by a conditional use permit. d. (1) The light source of an outdoor light fixture shall be set back a minimum of ten feet (10’) from a street right of way and five feet (5’) from an interior side or rear lot line. (2) No light source shall be located on the roof unless said light enhances the architectural features of the building and is approved by administrative permit. e. (1) The use outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one hour after closing, except for approved security lighting. Parking. The existing parking lot area is 48,249 square feet, and 2,631 square feet will be removed for the building addition. A total of 32,929 square feet of parking area will be added to the lot. Therefore, a total of 78,547 square feet is being proposed for the parking lot area. The existing parking lot is not striped, and the applicants do not plan to stripe the lot. A detailed parking lot design plan has not been submitted for review. According to the Zoning Ordinance, all applications for a building or occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned, indicating the location of off-street parking and loading spaces. Number of stalls. In order to determine the required number of parking stalls, the exact square footage of each separate use of the building must be identified. The applicants shall submit a detailed floor plan of the existing and proposed buildings, identifying the location and square footage of the office, manufacturing, and warehouse spaces. According to the Zoning Ordinance, “floor area” shall be determined on the basis of the exterior floor area dimensions of the buildings, structures, or use times the number of floors, minus ten percent (10%). The following minimum number of off-street parking spaces shall be provided, according to the square footage of the following proposed uses: 1) Office – One space for each 200 square feet of floor area; 40 2) Manufacturing, fabricating, or processing of a product or material – One space for each 350 square feet of floor area, plus one space for each company owned truck (if not stored inside principal building); and 3) Warehousing, storage, or handling of bulk goods – One space per each 1,000 square feet of floor area, plus one space for each employee on maximum shift. Stall, Aisle, & Driveway Design Standards. 1. Each parking space shall not be less than nine feet (9’) wide and twenty feet (20’) in length, and each space shall be served adequately by access aisles. 2. The City Engineer has approved the proposed curb cut access width of thirty feet (30’), which exceeds the Ordinance requirement of twenty-four feet (24’). 3. All parking stalls shall be marked with white or yellow painted lines, not less than four inches (4”) wide. 4. Any lighting used to illuminate the off-street parking area shall be hooded and arranged so as to reflect the light away from adjoining property and public rights- of-way. 5. Grass plantings or landscaping shall be provided in all areas bordering the parking area not occupied by screening materials or other landscape amenities. 6. Plans for surfacing and drainage of the driveway and stalls for the parking lot are subject to the review to the City Engineer. 7. Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. The submitted site plans do not indicate a location for snow storage; therefore, an updated site plan must be submitted with snow storage areas indicated. 8. All parking associated with any building, structure, or use shall be required to conform to the disability accessible parking standards pursuant to Minnesota State Building Code. Loading. An updated site plan shall be submitted, indicating how the truck circulation (turning radiuses, trucks loading and unloading, etc.) will correspond with the parking arrangement on the site. Landscaping. The lot contains existing vegetation along the front property line (53rd Street). The applicants are proposing three ornamental/half-trees along the southeast side of the proposed addition of the building. They are also proposing six overstory deciduous trees along the south property line of Outlot A, running parallel with 52nd Street. The applicants are also proposing six overstory deciduous trees along the south property line of Lot 2, Block 1, running parallel with 52nd Street. These proposed trees 41 shall be removed as this property is not owned by the applicants. An updated site plan shall be submitted indicating the removal of these trees. Screening. The subject property is surrounded by lots that are also zoned I-1, Limited Industrial. Therefore, because it does not abut property zoned for residential use, the applicants are not required to provide screening along the boundaries of the property. Wetland. The wetland located on Outlot A, to the east of the subject lot, is not to be disturbed and shall be protected during site construction. A minimum buffer width between 5 and 10 feet shall be maintained between the wetland and the proposed retaining wall. Everything to the east of the retaining wall shall be restored to or left in its natural state. Signage. No information regarding any proposed signs has been included with the application materials. The installation of signage requires a permit. Grading, Drainage, and Utilities. A retaining wall is proposed to run the north side of the proposed addition, extend north beyond the east wall of the proposed addition, and run along the east property line. The final grading and drainage plans are subject to the review of the City Engineer. Easements. The City Engineer should verify that the location and size of the easements are adequate. TIF District. Attached is the resolution for the June 12, 2007 Planning Commission meeting regarding the modified Development Program and TIF Plan. RECOMMENDATION The application to construct an addition onto the existing warehouse facility located at 11915 53rd Street NE generally appears to meet the setback requirements and typical construction of the industrial area. Therefore, our office recommends approval of the Site and Building Plan Review of the addition on the property owned by Fraser Building Partnership, based on the findings made in this report, but subject to the following conditions prior to the issuance of a building permit: 1. A detailed lighting plan shall be submitted, including evidence that the proposed outdoor lighting shall comply with the Zoning Ordinance (Section 1000.10.F.2.). a. Any lighting used to illuminate a structure, off-street parking area, or any other area, shall be arranged to deflect the light away from any public right of way. b. Site plans indicating the location on the premises of all illuminating devices, fixtures, lamps, supports, reflectors, and other lighting devices. c. Description of the type of illuminating devices, fixture, lamps, supports, reflectors, and other lighting devices (angle of cutoff). The description 42 shall include, but is not limited to, catalog cut by manufacturers and drawings (including sections where required). d. Photometric plans illustrating the light emissions and illumination field of the proposed site lighting. 2. A detailed parking lot design shall be submitted. According to the Zoning Ordinance, all applications for a building or occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned, indicating the location of off-street parking and loading spaces. a. The applicants shall submit a detailed floor plan of the existing and proposed building, identifying the location and floor area of the office, manufacturing, and warehouse space. The parking stall calculations will be based on the floor areas of each separate use of the structure. b. If company owned trucks are stored outside, one space for each truck must be provided also. c. All parking shall be required to conform to the disability accessible parking standards pursuant to Minnesota State Building Code. d. All parking stalls shall be marked with white or yellow painted lines, not less than four inches (4”) wide. e. Any lighting used to illuminate the off-street parking area shall be hooded and arranged so as to reflect the light away from adjoining property and public rights-of-way. f. Grass plantings or landscaping shall be provided in all areas bordering the parking area not occupied by screening materials or other landscape amenities. g. Plans for surfacing and drainage of the driveway and stalls for the parking lot are subject to the review of the City Engineer. h. Snow storage areas must be indicated on the updated site plan. 3. An updated site plan shall be submitted, indicating how the truck circulation (turning radiuses, trucks loading and unloading, etc.) will correspond with the parking arrangement on the site. 4. The proposed trees along the south property line of Lot 2, Block 1 shall be removed as this property is not owned by the applicants. An updated site plan shall be submitted indicating the removal of these trees. 5. The wetland located on Outlot A, to the east of the subject lot, is not to be disturbed. a. The wetland shall be protected during site construction. b. A minimum buffer width between 5 and 10 feet shall be maintained between the wetland and the retaining wall. c. Everything to the east of the retaining wall shall be restored to or left in its natural state. 6. The installation of signage requires a permit. 43 7. Applicant shall provide revised plans that demonstrate compliance with the City Engineer’s review comments of June 6, 2007. 8. Any revised grading and drainage and utility plans shall be subject to the review of the City Engineer. 9. The final plat shall be recorded prior to issuance of any building permit. Pc. Bridget Miller Jon Sutherland Mike Couri Adam Nafstad Ebert Construction 23350 County Road 10 Loretto, MN 55357 56 MEMORANDUM TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos DATE: June 7, 2007 RE: Albertville – Shoppes at Towne Lakes 2nd Addition Site and Building Plans NAC FILE: 163.06 – 07.09 RECEIVED DATE: April 10, 2007 60 DAY DATE: June 9, 2007 EXTENSION: August 8, 2007 BACKGROUND GCI Builders has submitted revised architectural elevations for Building 2, 3, and 5 for Shoppes at Towne Lake 2nd Addition along with a revised landscape plan and a photometric drawing as request by the Planning Commission and Staff. The following report reviews the conditions set forth at the May 8, 2007 Planning Commission meeting and addresses the new submittals capability to suffice the conditions. Attached for Reference: Exhibit A Site Plan Exhibit B Building 2 Elevation Exhibit C Building 3 Elevation Exhibit D Building 5 Elevation Exhibit E Landscape Plan Exhibit F Photometric Plan 1. The elevation of Building #5 shall be revised to include four entrances as shown on the building plan. The revised building plan now includes four exterior entrances into the building, which is compliant with the site plan. However, only one wall sign shall be 57 allowed per exterior entrance not to exceed 15% of the tenant bay. The revised elevation shows six wall signs; this should be reduced to four. 2. The Shoppes at Towne Lakes Planning and Design Guidelines dated February 4, 2003 shall be readopted as part of the design standards of this project. All buildings shall be designed to meet these standards. The exterior store fronts have been redesigned to meet the standards. 3. The buildings shall be redesigned to meet the “New England” style requirement and shall be designed with varied roof lines and individual store fronts per each tenant space for all three buildings. The store fronts have been revised to include varied roof lines and individual store fronts. 4. The varied facades and roof lines shall envelop all sides of the buildings. Only the front exterior drawings have been submitted; therefore, this shall remain a condition and shall be met prior to receiving a building permit. 5. Continuous rows of screening shall be provided along all parking stalls where the headlights would shine into the streets. A revised landscape plan has been submitted; however, further screening shall be provided along the parking lots similar to the screening provided at the Perkins site on Lot 5. 6. All intersection corners shall be clear of any plantings in order to maintain open site lines. The landscape plan has been revised to meet this condition. All intersect appear to have open view triangle for traffic safety. 7. All HVAC equipment shall be screened by roof top parapets and shall be specified on the building elevations. A rooftop plan of the HVAC equipment shall be provided. The applicant shall still provide a rooftop plan of the HVAC equipment prior to receiving a building permit. 8. Cross easements shall be established between Lots 1, 2, 3, and 4 to allow share parking between the lots. An agreement to provide joint parking through cross easement from the applicant shall be filed with the City and with the County. 58 9. All lighting fixtures shall be the same as the light fixtures used for Shoppes at Towne Lakes 1st Addition. Details regarding the heights for all fixtures shall also be provided. The applicant shall provided document specifying the height of the light poles. 10. The photometric plan shall be revised to show building lighting. A revised photometric plan has been submitted and meets the requirements of the ordinance. 11. Details for the pylon sign along CSAH 19 shall be provided before approval is granted. Details shall be provided with the application for a sign permit and shall meet the requirement of the City Code. 12. The monument sign along Linwood Drive shall be resized to have no more than 80sqft of signage and no more than 12ft high. Details shall be provided with the application for a sign permit and shall meet the requirement of the City Code. 13. All signs shall be setback 20ft from all property lines. The site plan shall be revised to meet this requirement prior to the approval of the sign permit. 14. Trash enclosures shall be sized to reflect the number of tenants using the buildings. The applicant shall demonstrate that the trash enclosures are of adequate size to meet the refuse requirements of each building. 15. Snow storage shall not be located with in the sight lines of intersection. A revised snow storage plan has not been submitted. 16. If any tenant of the buildings is to have a private delivery truck, the truck shall be shown on the site plan for approval of the storage location. Temporary delivery truck parking has been illustrated for Building 2 and Building 5 and appears to meet requirements of the ordinance. 17. A revised grading plan shall be submitted for the rearrangement of Building #5 and reviewed and approved by the City Engineer. No revised grading plan for Building 5 has been submitted. 59 RECOMMENDATION On May 8, 2007 the Planning Commission approved the Site and Building Plans for Building 2, 3, and 5 of Shoppes at Towne Lakes 2nd Addition with the above conditions. The applicant has made revisions meet several of the conditions; however, the following conditions shall still apply subject to the review of the Council: 1. Only one wall sign shall be allowed per exterior entrance not to exceed 15% of the tenant bay. The revised elevation for Building 5 shows six wall signs; this should be reduced to four. 2. Varied facades and roof lines shall envelop all sides of the buildings. 3. Screening along the parking lots shall be similar to the screen provided at the Perkins site on Lot 5 to provide continuous screening of headlights. 4. The applicant shall provide a rooftop plan of the HVAC equipment prior to receiving a building permit. 5. An agreement to provide joint parking through cross easement from the applicant shall be filed with the City and with the County. 6. The applicant shall provided document specifying the height of the light poles. 7. Details for the pylon sign along CSAH 19 shall be provided before receiving a sign permit. 8. The monument sign along Linwood Drive shall be resized to have no more than 80sqft of signage and no more than 12ft high. 9. All signs shall be setback 20ft from all property lines. 10. The applicant shall demonstrate that the trash enclosures are of adequate size to meet the refuse requirements of each building. 11. Snow storage shall not be located with in the sight lines of intersection. 12. A revised grading plan shall be submitted for the rearrangement of Building #5 and reviewed and approved by the City Engineer. Pc Mike Couri Bridget Miller Adam Nafstad Jon Sutherland Al Keller, G.C.I. Builders, 2750 County Road 74, St. Cloud, MN 56301