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2007-10-09 PC Agenda Packet PLANNING & ZONING COMMISSION Tuesday, October 9, 2007 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES September 11, 2007 Planning and Zoning Meeting (pages 1-7) 3. PUBLIC HEARINGS a. Heuring Meadows Rezone from R-1A to B-2 (pages 8-12) 4. ADJOURNMENT “A quorum of Council members may be present.” PLANNING and ZONING COMMISSION MINUTES September 11, 2007 Albertville Council Chamber 7:00 PM CALL TO ORDER – ROLL CALL – ADOPT AGENDA PRESENT: Chair Sharon Leintz, Vice-chair Frank Kocon, and Commission member Dale Edgren, Council liaison Dan Wagner, City Planner Al Brixius, Zoning Administrator/Building Official Jon Sutherland, and City Clerk Bridget Miller ABSENT: Commission members Denise Prow and Scott Dorenbush 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 Vice-chair Kocon, seconded by Commission member Edgren to approve the agenda as presented and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Vice-chair Kocon, seconded by Commission member Edgren to approve the August 14, 2007 regular Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARINGS ALBERTVILLE MARKETPLACE (PHIL MORRIS PROPERTY) – SITE AND BUILDING PLAN REVIEW Chair Leintz opened the public hearing at 7:03 p.m. City Planner Brixius reported that the reason for the site and building plan review is due to the condition that the approved Planned Unit Development (PUD) and Conditional Use Permit (CUP) requires review by the Planning and Zoning Commission and City Council if there are any modifications that changes the building sizes by more than 10%, site circulation, or on-site parking. Phil Morris has submitted a revised Site and Building Plan Review for the proposed Albertville Marketplace Development; which includes revisions of the site and building plans that alters the building size and arrangements on Lots 1 and 4 to allow for a larger building for 1 City of Albertville Planning & Zoning Commission Minutes September 11, 2007 2 the proposed restaurant and reduction in the shopping center building to balance the parking area between the two sites, and alterations to the landscape plan and the grading plan. The building sizes proposed for Lot 1 and Lot 4 are to be one restaurant and two multiple tenant retail buildings. The larger restaurant on Lot 4, known as Building C, is shown as a 7,300 square-foot building; the original size building approved was a 5,000 square-foot building. The two multiple tenant retail buildings on Lot 1 are a larger building known as ‘Building A’ that was originally approved in 2006 to be a 8,200 square-foot building that remains the same and a smaller building known as ‘Building B’ that was originally approved in 2006 to be a 7,400 square-foot building has been reduced to a 4,460 square-foot building. The layout of Lot 1 and Lot 4 have changed the parking lot and traffic circulation configuration within the site; therefore requiring Planning and Zoning Commission approval of the alterations of the Site and Building Plan Review. Chair Leintz asked if there were any questions or concerns of the Commission regarding the Albertville Marketplace re-submission of a Site and Building Plan Review. Council liaison Wagner had a concern with the circulation of the traffic on the north side of the plan. It appears to be a drive-thru lane, but was unsure of the proper circulation pattern. Commission members noted drive-thru lanes on other buildings within the site. City Planner Brixius stated that the circulation on the north side of the building would be a “one- way”, this would allow for truck traffic. The appropriate reduction in the curb-cut behind Building B was recommended by the Assistant City Engineer. The City is anticipating the reduced curb-cut would allow for easier truck traffic circulation through the site. Commission members had a concern with the number of parking stalls on the site and whether it will be sufficient for the development. City Planner Brixius reported that with the amended Site and Building Plan Review it does alter the parking stall calculations. Staff has reviewed the requirements, which appears that the number of required parking stalls has been met. City Planner Brixius brought to the Commission’s attention that with the recommendations submitted in the packet that number one has been addressed prior to the Public Hearing held this evening. Building Official/Zoning Administrator Sutherland brought to the Commission’s attention the fact that there will be a future trail that will run along CSAH 37, the northern part, of the site. City Planner Brixius accepted the notation from the Building Official/Zoning Administrator Sutherland to ensure the documentation of the proposed future trail along CSAH 37 on the north side of the site that will connect to a sidewalk within the site. City of Albertville Planning & Zoning Commission Minutes September 11, 2007 3 Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the re-submission of a Site and Building Plan Review for the Albertville Marketplace Development. There was no one in the audience that wanted to share comments of concerns regarding the Albertville Marketplace Development revised Site and Building Plan Review. Chair Leintz closed the public hearing at 7: 21p.m. MOTION BY Commission member Edgren, seconded by Vice-chair Kocon to approve the Albertville Marketplace (Phil Morris Property) – Site and Building Plan Review with staff’s five (5) recommendations and contingent on City Council approval at the Monday, October 17, 2007 regular City Council meeting. Motion carried unanimously. Based on the review of the submitted plans dated August 1, 2007, City Staff recommends approval the revised site plans for Albertville Marketplace Block 1 Lot 1 and Lot 2 with the following conditions: 1. Planning Commission and City Council shall approve or request a change in the number of parking stalls provided. 2. Building elevation shall be submitted to City Staff for approval prior to obtaining a building permit. The elevations shall meet the architectural standards approved with the initial proposal. 3. A trash enclosure for Building A shall be provided. 4. The island separating the drive-thru lane from the one way traffic should be reduced in size at the east end to allow great maneuverability for garbage truck to access the trash enclosure without disrupting traffic. 5. The grading plan shall be reviewed and approved by the City Engineer. SIGN ORDINANCE AMENDMENT – FREEWAY SIGN HEIGHTS Chair Leintz opened the public hearing at 7:22 p.m. City Planner Brixius reported that there have been discussions between the City Council, Planning and Zoning Commission, and staff regarding the amendment to the City’s allowance and requirements for tall pylon signs that are allowed on commercial lots adjacent to I-94 within Albertville. While agreeing to reduce the allowable height of the freeway pylon signs, the City Council disagreed with the current number of allowable ground signs for businesses within the freeway area. Council discussed that businesses along the freeway corridor should be allowed signs to catch the attention of both travelers on the freeway as well as drivers in town. City of Albertville Planning & Zoning Commission Minutes September 11, 2007 4 The language to allow for the amendment is as follows: i. Commercial lots having one hundred feet (100’) in width immediately adjacent to and along Interstate Highway 94 (excluding any intervening street or railroad right-of-way) shall be allowed the following: 1) One freestanding pylon sign not to exceed fifty feet (50’) in height. Sign area shall be determined by section 10-7-8A3a of the sign ordinance. 2) One freestanding monument sign at the site entrance not to exceed sixty (60) square-feet in sign area or twelve feet in height. 3) Lots containing an off-premise advertising devise shall only be allowed one freestanding sign not to exceed fifty feet (50’). Brixius concluded that this language allows double frontage lots along the I-94 corridor to have two ground signs with restrictions on the heights and number of freeway oriented signs per lot. It was recommended by staff that the Planning and Zoning Commission and the City Council should discuss whether the proposed Ordinance change fits the needs of businesses within the Albertville city limits. Chair Leintz asked if the Commission had any questions or concerns with the proposed amendment to the Ordinance amending Section 10-7-8 of Chapter 7 relating to permitted business signs. There were no comments from the Commission members regarding the Ordinance amendment. Chair Leintz then asked if there was anyone in the audience that wanted to share their opinions or concerns regarding the proposed amendment to the 2005 Albertville Municipal City Code. There was no one in the audience that had concerns regarding the amendment. Chair Leintz closed the public hearing at 7:26 p.m. MOTION BY Vice-chair Kocon, seconded by Commission member Edgren to approve the Sign Ordinance Amendment pertaining to Freeway Sign Heights with staff’s recommendations presented and contingent on City Council approval at the Monday, October 1, 2007 regular City Council meeting. Motion carried unanimously. City of Albertville Planning & Zoning Commission Minutes September 11, 2007 5 ZONING ORDINANCE AMENDMENT – PLANNED UNIT DEVELOPMENT Chair Leintz opened the public hearing at 7:27 p.m. City Planner Brixius informed the Commission that during the review of the most recent Planned Unit Development (PUD) and Conditional Use Permit (CUP) developments, the City Attorney questioned if allowing a PUD by a CUP reduced the City’s discretion in applying a PUD and its flexibility. Following the City Attorney’s questions, staff has discussed the potential to remove the allowance of a PUD by CUP, which would provide the City more scrutiny over the PUD applications and keep the City from being cornered into approving a PUD based on the ordinance requirements for a CUP. In summary, Brixius noted that staff is recommending Planning and Zoning and City Council should discuss whether the proposed Ordinance change fits the needs of development within the City of Albertville and address any additional questions or concerns. Chair Leintz asked if there were any Commission members that had concerns with the proposed amendment to the 2005 Albertville Municipal City Code regarding the removal of language that would allow the City more scrutiny over PUD applications and keeping the CUP applications separate. There were no Commission members that had questions or concerns with the Ordinance amendment. Chair Leintz asked if there was anyone in the audience that had questions related to the proposed Ordinance amendment on PUD applications that would be submitted in the future. There was no one in the audience that wanted to express their concerns regarding the amended Ordinance regarding PUD applications from businesses or developers. Chair Leintz closed the public hearing at 7:34 p.m. MOTION BY Commission member Edgren, seconded by Vice-chair Kocon to approve the Zoning Ordinance Amendment to the 2005 Albertville Municipal City Code pertaining to Planned Unit Development with staff’s recommendations and contingent on City Council approval at the Monday, October 1, 2007 regular City Council meeting. Motion carried unanimously. 2005 ALBERTVILLE MUNICIPAL CITY CODE AMENDMENT – ZONING FEES Chair Leintz opened the public hearing at 7:35 p.m. City Planner Brixius informed the Commission members that in conjunction with the Budget process, staff reviews established fees, charges and expenses that are approved by way of a City of Albertville Planning & Zoning Commission Minutes September 11, 2007 6 Zoning Ordinance. Upon review, staff is proposing the following amendments to the established fees, charges and expenses for various items within the Zoning Section of the 2005 Albertville Municipal City Code. Brixius brought to the Commission’s attention that the changes are in bold. ZONING ORDINANCE CHANGES ARE IN BOLD Section Subject Proposed Fee / Escrow 300.1 Rezoning $400 /$1000 400.2.H Conditional Use Permit $300 / $1,500 500.2.A.3.a Minor Variance $100 / $100 500.2.B.2.a Major Variance / Appeals $300 / $650 500.2.B.2.a Vacations $300 / $1,000 700.2 Certificate of Occupancy $50 1000.5.B Swimming Pool Permit Building Code Schedule 1000.23.A Temporary Outdoor Seasonal Sales $50 1500.5.B.1 Site and Building Plan Review $300 / $3,500 1600.3.A Home Occupation $30 1600.3.B Special Home Occupation Permit $300 / $1,000 1800.2.A Land Filling Permit Residential Single Lot $25 Commercial/Industrial/Institutional Single Lot $200 / $1000 per acre 1900.3.B Land Excavation, Grading Permit Residential Single Lot $25 Commercial/Industrial/Institutional Single Lot $200 / $1000 per acre 2100.3 Essential Service Permit $300 / $1,000 + $50 per lot 2700.4.C.2.b PUD Concept Plan $300 / $1,500 + $50 per lot 2700.4.A.1 PUD Rezoning or Conditional Use Permit $400 + $50 per lot / $5,000 Administrative Subdivision $400 / $1,500 Sketch Plan $200 / $2,500 + $50 per lot Preliminary Plat $450 + $50 per lot / $12,500 Final Plat $400 / $5,000 City of Albertville Planning & Zoning Commission Minutes September 11, 2007 7 Chair Leintz asked if there were any Commission members who had comments to share regarding the amendment to the Zoning Ordinance related to fees charged by the City. There were no comments from the Commission members regarding the proposed Ordinance amendment regarding Zoning fees the City charges. Chair Leintz asked if there was anyone in the audience that wanted to discuss the proposed Zoning fees amendment. There was no one in the audience to discuss the proposed changes to the Zoning fees. Chair Leintz closed the public hearing at 7:41 p.m. MOTION BY Vice-chair Kocon, seconded by Commission member Edgren to approve the 2005 Albertville Municipal City Code Amendment pertaining to Zoning Fees with staff’s recommendations and contingent on City Council approval at the Monday, October 1, 2007 regular City Council meeting. Motion carried unanimously. ADJOURNMENT MOTION BY Commission member Edgren, seconded by Vice-chair Kocon to adjourn at 7:43 p.m. Motion carried unanimously. _______________________________________ Sharon Leintz, Chair _______________________________________ Bridget Miller, City Clerk/Secretary 9 PLANNING REPORT TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: October 3, 2007 RE: Albertville – Huering Meadows Rezoning NAC FILE: 163.05 – 07.20 BACKGROUND The City of Albertville has applied to rezone a strip of land approximately 2.02 acres in area from R-1, Low Density Residential to B-2, Limited Business. The site includes a strip of land 67 feet in width along the west boundary of Outlot A of Huering Meadows. The west portion of the Huering Meadows plat contains 45 single family lots. The plat was approved by the City in 2001. A Comprehensive Plan amendment is also necessary to accommodate the rezone. ISSUES ANALYSIS Existing Zoning. Outlot A of Huering Meadows is 11.79 acres in area. With the exception of the subject strip of land, Outlot A is zoned B-2, Limited Business. The west 67 feet of said Outlot is zoned R-1, consistent with the single family development to the west. The City of Albertville has applied to rezone this piece to B-2, consistent with the existing zoning of the sum of the land within Outlot A to the east. The piece of land proposed for rezoning is approximately 67 feet in width and 1,315 feet deep. The proposed rezoning would create one consistent zoning designation for the entire parcel, and create a larger area for potential commercial development. Comprehensive Plan. The site is located within Land Use Planning District 1 and is designated for low density residential and commercial land uses in the City’s Comprehensive Plan. According to Section 100.3 of the Zoning Ordinance, it is the policy of the City that the enforcement, amendment, and administration of the ordinance be accomplished with due consideration of the recommendations contained in the City’s Comprehensive Plan as developed and amended from time to time by the Planning Commission and City Council of the City. The Council recognizes the City’s 10 Comprehensive Plan as the policy to regulate land use and development in accordance with the policies and purpose herein set forth. Therefore, the Comprehensive Plan must be amended to accommodate the request. In 1998, the Comprehensive Plan was amended to include a 500 foot strip of commercial land along both sides of CSAH 19. The Comprehensive Plan amendment will widen the strip on Outlot A of Huering Meadows Addition to 567 feet. History. The original preliminary plat for Huering Meadows proposed two outlots for the site that is now Outlot A. At the request of the City Attorney the developer combined the outlots into one, which created zoning districts that do not follow a property line. The final preliminary plat approval provided a berm with landscaping within Outlot A to the east of the residential homes. In order to maintain this landscaped berm an easement of 30 feet should be established along the west property line. Existing Land Use. Outlot A is bordered by single family residential development to the west, a single family home and townhomes to the north, vacant land and one commercial office use to the south, and primarily vacant land to the east, across CSAH 19. Rezoning. Section 300.1 G of the Zoning Ordinance outlines procedures for rezoning requests. For such requests, the Planning Commission shall consider possible adverse effects of the proposed amendment and its 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. Comment: A Comprehensive Plan Amendment is being processed concurrently with the application to amend the land use designation for the site from low density residential to commercial. Upon approval of said amendment, the proposed zoning designation will be consistent with the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The subject site is bordered by a commercial user to the south, and land to the south and east of the site is zoned B-2, Limited Business. In that regard, the requested B-2 zoning designation will be compatible with land uses in the area. 3. The proposed use conforms to all performance standards contained herein. Comment: No user has been identified for the site at this time. Any future development on the site will be evaluated on its on merit against the performance standards of the B-2 District. 11 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The proposed land use designation is not expected to depreciate the area. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: As stated above, no user is currently identified for the site. The effect of any future user on the City’s public services will be evaluated at the time of development. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: Due to the limited size of the subject site, traffic generation from any future user is not expected to place a burden on existing transportation facilities. RECOMMENDATION Regarding the request for rezoning from R-1 to B-2, and the Comprehensive Plan amendment to change the land use designation from low density residential to commercial, staff recommends approval. The proposed zoning change has been initiated by the City to create a consistent zoning designation for all of Outlot A of Huering Meadows. The majority of Outlot A is currently zoned B-2. The requested zoning designation is compatible with surrounding land uses, and is not expected to have any adverse impacts on the area. Approval of a proposed amendment requires passage by a four-fifths vote of the entire City Council. Pc Mike Couri Bridget Miller Adam Nafstad Jon Sutherland