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2004-12-14 PC Minutes - ~ "!~~t!'!ilL€ Planning & Zoning Commission Minutes December 14, 2004 Albertville City Hall 7:00 PM CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Dan Wagner, Scott Dorenbush, Tiffany Meza, Council Liaison LeRoy Berning, City Planner Al Brixius, Building Official/Zoning Administrator Jon Sutherland and City Clerk/Secretary Bridget Miller Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. MOTION BY Commission member Kocon, seconded by Commission member Meza to approve the agenda as presented. Motion carried unanimously. MINUTES Amend the November 9,2004 minutes as follows: _ Page 3 MOTION BY Commission member Dorenbush, seconded by Commission member Meza to continue the public hearing to the December 14, 2004 meeting at 7:00 p.m. for the High Water Elevation pending additional information on Kurth's questions. Motion carried unanimously. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the amended minutes. Motion carried unanimously. PUBLIC HEARINGS CONTRACTOR PROPERTY DEVELOPMENT COMPANY-AMENDMENT TO TOWNE LAKES PLANNED UNIT DEVELOPMENT/PRELIMINARY PLAT FOR OUTLOT G, TOWNE LAKES 3RD ADDITION Chair Leintz opened the public hearing at 7:02 p.m. In Spring of 2003, The City of Albertville approved a planned unit development (PUD) and preliminary plat for Phase II of Towne Lakes, which included the Vetsch property north of School Lake and east of County Road 19. The northeastern portion of this PUD/preliminary plat was designed with R-IA, 15,000 square foot lots with the intention that this land use and lot pattern would continue eastward into the adjoining property. - In 2004, the Hunter's Pass Estates PUD/preliminary plat was approved as a coved subdivision. In light of access restrictions onto 70th Street and MacIver, as well as several environmental constraints presented by the site (shoreland restriction, extensive wetland constraints), the City approved lot size flexibility through the PUD. M:\Public Oata\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 3 MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the Amendment to Towne Lakes PUDlPreliminary Plat for Outlot G, Towne Lakes 3rd Addition with the five recommendations. Motion carried unanimously. - , ' '- / 1. The applicant and Hunter's Pass Estates enter into a development agreement that stipulates that subdivision that first extends to Large Avenue shall fully construct Large Avenue to City design standards. The other subdivision shall agree to pay for its' half share of Large Avenue within 60 days of street completions. 2. The applicant shall submit revised grading, drainage, and utility plans that reflect the changes to the preliminary plat. Said plans shall be subject to review and approval of the City Engineer. 3. All past PUD performance standards approved with the original Towne Lakes preliminary plat shall be applied to this approval. 4. The adjacent developers convey the necessary lot remnants to each other to complete the subdivision. 5. The applicant and Hunter's Pass Estates enter into an agreement that all residential street widths will be a minimum of28-feet. ZONING TEXT AMENDMENT - SECTIONS 1000.9(D) AND 5000.4 - HIGH WATER ELEVATION SUBDIVISION TEXT AMENDMENT - SECTION A-600.4(A) - HIGH WATER ELEVATION Chair Leintz opened the public hearing at 7:24 p.m. - City Planner Brixius stated that it has been brought to our attention by the City Engineer that the City has a number of regulations pertaining to separation from high water elevations for structures within the City of Albertville. They note that the separation from high water elevations vary from section to section with some contradiction. The City Engineer suggests separations be uniform and that in areas that do not abut a lake, the reference should not be to lowest floor but to lowest openings. City Planner Brixius informed the Commission that he invited Assistant City Engineer Bob Moberg to the meeting, as he would have more knowledge to address any questions or concerns you may have. City Planner Brixius stated a need of clarification between the natural wetland ground floor elevation and other standard or man-made ground floor elevation. Assistant City Engineer Moberg had reviewed the existing requirements for high water elevations in three neighboring communities. The communities and their requirements are as follows: 1. Rogers - Lowest opening elevation must be at least two (2)-feet above the IOO-year water elevation or the emergency overflow elevation, whichever is greater. Lowest floor elevation must be above the normal water elevation of any adjacent water - M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 6 . . .. 2. bodies. I don't believe the City has any special requirements pertaining to Shoreland districts. Otsego - Lowest opening elevation must be at least 18 inches above the 1 DO-year water elevation. Lowest floor elevation must be above the normal water elevation of any adjacent water bodies. The City does not have separate requirements for Shoreland districts. St. Michael- Lowest opening elevation must be at least one (I)-foot above the emergency overflow elevation. The emergency overflow must be able to convey runoff from a I ODD-year rainfall event. Lowest floor elevation must be at least two (2)-feet above the I DO-year water elevation. There are no special requirements for Shoreland districts. 3. Zoning Administrator/Building Official Sutherland shared information with the Commission regarding Ms. Kurth's questions and comments noted in the November 9,2004 Planning minutes. He commented on the statement of Ms. Kurth's stating there was a mote around her house. He informed the Commission that the 2002 flood had never affected Ms. Kurth's house. The reason she could not get to her house for a walk through is due to the fact that the two streets leading to her house were under water. You would have needed a boat or some other mode of transportation to get to the house. Mr. Sutherland addressed the comment from Ms. Kurth in regards to water on her lot. That was due to a leak in the water line, which has been repaired. Commission members brought to Mr. Sutherland's attention in regards to water coming through the walls of her house. Zoning Administrator/Building Official Sutherland stated that is a builder issue and has nothing to do with the City. Commission member Wagner wanted to know who reviews these standards when a developer submits an application with the City for it's review. Assistant City Engineer Moberg stated that when a developer comes before the Commission and Council, the engineer would review the plat. If applicable, the engineer would send a copy to the DNR to review. In some of the developments, the engineer may ask to add man-made ponds for water run-off, in which the City Engineer would review. Ifit gets into more complex areas involving wetlands or lakes, they begin looking at the NWL (Normal Water Elevation), then consider the next of which would be the HWL (High Water Elevation), and last would be the EOF (Emergency Overflow Elevation). Once the developer gets plat approval by the Commission and Council the City Engineer would review and inspect the grading, drainage and erosion control. In residential developments, the City Engineer would review the lot survey for each individual lot when a building permit is applied for. The City requires an additional lot survey in the form of an "as built" which the City Engineer reviews. Commission member Dorenbush questioned why the Commission is looking over this ordinance? Is it because of the incident with the resident or something other? M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 7 City Planner Brixius shared with the Commission that the City Engineer brought the issue to his . attention and a number of developers want to have walkouts. According to our current ordinance language, walkouts are prohibited. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:15 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Wagner to approve the Zoning Text Amendment to Sections 1000.9(d) and 500004 - High Water Elevation Subdivision Text Amendment and Section A-600A(a) - High Water Elevation. Motion carried unanimously. 1. Related to the Shoreland Overlay District, in conversation with the DNR Area Hydrologist for Albertville, it was recommended that no changes occur within the Shoreland Overlay District. As such, within 1,000 feet of Mud Lake and School Lake, the Shoreland Overlay District high water elevation shall apply without change. 2. In Section 500004 (a), Wetlands System, the following changes are offered: (a) The lowest ground floor elevation shall be three (3) feet above the 100-year flood elevation or foUf' (4) three (3) feet above the ordinary high water mark of public . waters regulated by Article 4900 (Shoreland Overlay District) of this Chapter, whichever is greater. 3. In Section A-600A (g) of the Subdivision Ordinance, the following changes are offered: (g) Drainage Courses. Lots abutting a drainage course, '"vetland, ponding area, drainage way, or channel or stream shall have additional depth and width, as required under the provisions ofthe City Zoning Ordinance to assure building sites that are not subject to flooding. Lots abutting a lalre, pond or stream, watercourse or 'vvetland shall contain adequate lot area which is capable of accommodating a structure with its lowest opening (window or door) no less than two (2) feet above the highest known water level or no less than two (2) feet above the 100-year flood level or two-inches above the Emergency Overflow Elevation, whichever is greater. In determining the high water levels, Section 1000.9 (d) of the City Zoning Ordinance shall be followed. ZONING TEXT AMENDMENT - SECTION 1000.15 - REFUSE Chair Leintz opened the public hearing at 8:16 p.m. City Planner Brixius stated that as a part of the codification process it has been determined that the provisions regulating trash handling and refuse removal were inconsistent between the City . Code (Section 5-1-2) and the Zoning Ordinance (Section 1000.15). In order to correct this problem and avoid any duplication of these regulations, we have proposed removing the M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 8 . conflicting language from the Zoning Ordinance and regulating all trash and container and refuse removal requirements within the City Code. The intention of the City Code is to regulate all operational aspects of City provisions (in this case, trash and refuse removal) and the purpose of the Zoning Ordinance is to standardize land use elements (i.e., location and screening of refuse). Commission members stated there are a number of homes that are out of compliance. Will the City be enforcing this? City Planner Brixius said the ordinance would be enforced if there were a complaint filed with the City. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:30 p.m. MOTION BY Commission member Wagner, seconded by Commission member Meza to approve the Ordinance Amending Section 11 00.15 (Refuse) of the Albertville Zoning Ordinance to Remove Language Which Conflicts with Language Regulating the Same Within the City Code. Motion carried unanimously. . SECTION 1. Repeal Section 1000.15(a). SECTION 2. Renumber Section 1000. 15(b) to Section 1000.15(a). . SECTION 3. Enactment. This ordinance shall be in full force and effect upon its passage and publication. ZONING TEXT AMENDMENT - SECTION 2300.1 - KEEPING OF ANIMALS Chair Leintz opened the public hearing at 8:31 p.m. City Planner Brixius stated it has been revealed, through the City's codification process, that the ordinance regulating the keeping of animals (Section 2300.1) is no longer an appropriate allowance within the city limits. Since the City is nearly fully-developed, regulations within Section 2300.1 are no longer applicable as newer residential lot sizes are smaller and not conducive to the keeping of large farm animals. Existing livestock and farm animals within the A-I and A-2 Zoning Districts will be grandfathered-in as a permitted non-conforming use in those areas. In this respect, is has been proposed to repeal Section 2300.1 regarding the keeping of animals and renumber Section 2300.2 regarding the care of animals to 2300.1. Commission members wanted to know if there was a problem or some other reason why we are looking at this ordinance. City Planner Brixius pointed out there was very little left zoned A-lor A-2. In the southeast comer on 50th Street is a section ofland zoned A-I, small triangular piece off of Jason Avenue M:\Public Data\Planning & Zoning\P&Z agenda12005 Agendas\A 02-08-05.doc 9 near the Albert Villas Addition, and the Greenhaven Estates off of 60th Street and MacKenzie . Avenue zoned A-2 which are left in the city limits. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:42 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Meza to deny the Zoning Text Amendment to Section 2300.1 - Keeping of Animals. Motion carried unanimously. ZONING TEXT AMENDMENT - SECTION 100.10 - DEVELOPMENT ApPLICATION FEES Chair Leintz opened the public hearing at 8:43 p.m. City Planner Brixius commented that due to a recent State statute, development application fees are required to be published as a city ordinance. Currently, the City of Albertville establishes the development application fees by Resolution of the City Council, thus an ordinance amendment to set up development fees within the City's Zoning Ordinance is in order. Additionally, a development fee schedule should be introduced into the proposed ordinance in order to clearly display required fees. This development application fee ordinance shall be reviewed and updated annually. City Planner Brixius stated that the base fee is a sufficient amount to cover the cost for staff to . prepare the publication of the public hearing, and mailing of the notices. Commission members asked to include a per lot fee with the PUD Concept Plan, PUD Re- Zoning, Preliminary Plat and Final Plat. City Planner Brixius wanted to bring to the Commission's attention the chart on page 46 of the packet where an analysis had been done to compare what other cities are charging. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 9:07 p.m. MOTION BY Commission member Meza, seconded by Commission member Kocon to amend the Zoning Text Amendment to Section 100.10 - Development Application Fees. Motion carried unanimously. JOINT POWERS WATER TREATMENT PLANT - CONDITIONAL USE PERMIT: WATER TREATMENT PLANT EXPANSION Chair Leintz opened the public hearing at 9:08 p.m. City Planner Brixius stated that the Joint Powers Water Board of Albertville, St. Michael, and . Hanover, has submitted an application for a Conditional Use Permit and St. Michael to allow for the building expansion and construction of a garage on the site located at 11100 50th Street. The M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 10 . . . subject site is approximately 2.4 acres and is bounded on the south by CSAH 35 (50th Street) and the St. Michael/Albertville High School on the east. To the north is a large wetland and land zoned as R-l Single Family. The land directly west of subject site is also owned by the Joint Powers Water Board and operates as a well and pump house, office and ground storage reservoir. The applicant is proposing to expand an existing building and construct a garage on the site. A CUP is necessary for the alteration or expansion ofthe facility. The site is currently zoned P/I, Public/Institutional. The purpose ofthe P/I District is to provide a specific zoning district for facilities devoted to serving the public and specialized governmental activities and semi-public uses. A Conditional Use Permit allows governmental and public regulated utility buildings, street garages and structures necessary for the health, safety, and general welfare of the community. Chris Katlin representing Joint Powers Water Board was present to answer any questions the commission may have. City Planner Brixius commented that there is a considerable wetland north of the site. It is about the size of a football field. It is a fair distance from the adjoining residential area. The north side of the building exterior elements would have little significant impact on the residents. Commission members asked about the bulk storage if it would be above ground or below. Mr. Katlin said that 99% of the bulk storage would be above ground. Commission member Wagner inquired about the door on the north side of the building, after reviewing the high water elevations, is that going to be a concern with the wetland on the site. Zoning Administrator Sutherland stated that the City Engineer has reviewed the grading and drainage regarding this application and has approved it. Mr. Katlin informed the commission that since the building was originally built a number of years ago they have been monitoring the water level and feel the door on the north side of the building should not be a problem. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 9:25 p.m. MOTION BY Commission member Meza, seconded by Commission member Kocon to approve the Joint Powers Water Treatment Plant - Conditional Use Permit - Water Treatment Plant Expansion with the eleven recommendations. Motion carried unanimously. 1. A revised landscaping plan shall be submitted. Said plan shall outline the size, planting instructions, and other installation standards proposed for the site. The landscaping plan shall indicate the location of all exterior equipment and the proposed treatments to screen said uses. M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 11 2. A total of fifteen (15) new Black Hills Spruce trees shall be planted. These plantings shall be identified on the revised landscaping plan. . 3. A two-year landscaping guarantee for all new plantings shall be required. 4. All roof equipment shall be properly screened and shall be in conformance with the Zoning Ordinance. 5. Silt fencing and/or other erosion control measures shall be utilized and shall be subject to the review and approval of the City Engineer. Disturbed areas within the wetland perimeter shall be re-established with native vegetation from the wetland site. 6. The fence and fence details shall be subject to the review and approval of the City. The fence shall not exceed the maximum size and height requirements of the Zoning Ordinance and match the existing fence. 7. A photometric plan and lighting details shall be submitted and are subject to the review and approval ofthe City. 8. Outdoor storage within the site shall be prohibited. 9. The grading, drainage and erosion control plan shall be subject to the review and approval of the City. 10. The applicant shall provide the City with copies of documents stating that the proposed use is in compliance with all agency requirements pertaining to the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids. . 11. Additional comments from staff, Planning Commission, and/or City Council. ZONING TEXT AMENDMENT - SECTION 1400 - BUILDING RELOCATION Chair Leintz opened the public hearing at 9:26 p.m. City Planner Brixius stated that as a part of the codification process, it has been determined that provisions surrounding the relocation of buildings currently exist in both the City Code as well as the Zoning Ordinance and should be clarified and regulated through one, not both, of these adopted documents. Because the relocation of buildings is mostly a land use issue, this process should be regulated within the Zoning Ordinance. Furthermore, building relocation should be dealt with as a conditional use permit (CUP) in order to maintain the utmost public safety and quality control regulations within the City. The razing of buildings is currently a CUP but is proposed to be handled through the Building Code demolition permit. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 9:36 p.m. . M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 12 . . . MOTION BY Commission member Meza, seconded by Commission member Wagner to amend the Zoning Text Amendment to Section 1400 - Building Relocation with the exception of Section 1400.2 noted below. Motion carried unanimously. 1400.2. Conditional Use Permit Exceptions. The following uses do not need a Conditional Use Permit: (a) Relocated sheds, farm buildings, cribs and other farm structures within one property. (b) Relocation of construction sheds to be located on a lot for less than eighteen (18) months. (c) Residential sheds less than one hundred fifty (150) square feet in area. Relocated sheds, farm buildings, cribs and other farm structures within one property do not require a conditional use permit. Relocation of construction sheds to be located on a lot for less than eighteen (18) months requires no conditional use permit. SIGN CODE AMENDMENT - SECTION 9.1 - BANNERS, PENNANTS, STREAMERS, STRING OF LIGHTS, SEARCH LIGHTS SIGN CODE AMENDMENT - SECTION 10.1.C - COMMERCIAL GROUND SIGNS Chair Leintz opened the public hearing at 9:36 p.m. City Planner Brixius shared that as part of the City codification efforts, the following sign ordinance changes are suggested. Banners, Pennants, Streamers, Strings of Lights, Search Lights Upon review of the City's Sign Ordinance it has been noted that the language in Section 9, Subd. 1 regarding the allowance of banners, pennants, streamers, strings oflights and searchlights does not clearly communicate what is permitted and what is not permitted. The purpose of the ordinance, which is not clearly communicated, is to restrict this type of signage unless it is related to the "grand opening" of a new commercial establishment or a variance. By consensus the Planning Commission recommended amending the maximum area of 250 square feet for freestanding, commercial ground signs. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 10:00 p.m. MOTION BY Commission member Meza, seconded by Commission member Dorenbush to adopt the Sign Code Amendment - Section 1 O.I.C - Commercial Ground Signs. Motion carried unanimously. M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 13 OTHER BUSINESS . PLANNING AND ZONING COMMISSION RULES (CONTINUED) By consensus the commission agreed to table the Planning and Zoning Commission Rules to the January 11,2005 meeting. Council liaison Berning recommended to establish a term length or time span. ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Meza to adjourn the meeting at 10:05 p.m. Motion carried unanimously. M:\Public Data\Planning & Zoning\P&Z agenda\2005 Agendas\A 02-08-05.doc 14 . .