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2011-02-08 PC MinutesA,lbertville 5ff",.oumuAn9.a,jj CAVUfa. PLANNING and ZONING COMMISSION MINUTES FEBRUARY 8, 2011 Albertville Council Chamber CALL TO ORDER — ROLL CALL The meeting was called to order at 7:01 p.m. 7:01 PM PRESENT: Chair Frank Kocon, Commission members Natalya Lindberg, Dale Edgren, Robert Olson, and Brian Totman OTHERS: Council liaison Dan Wagner, City Planner Al Brixius, Zoning Administrator/ Building Official Jon Sutherland, and City Clerk/Recording Secretary Bridget Miller ABSENT: None ADOPT AGENDA P &ZCMs Olson/Edgren motioned to approve the Tuesday, February 8, 2011 agenda as presented, which will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously. MINUTES P &ZCMs Edgren/Totman motioned to approve the Tuesday, January 11, 2011 regular Planning and Zoning Commission minutes as presented, the minutes will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARINGS PARTICLE CONTROL TO CONSIDER REZONING THEIR PROPERTY AT 6062 LAMBERT AVENUE NE ALBERTVILLE, MN FROM B -3, HIGHWAY COMMERCIAL DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) AND TO CONSIDER SITE AND BUILDING PLANS FOR THE PLACEMENT OF SILO ON THIS SITE M: \Public Data \Planning & Zoning\P &Z minutes\2011 Minutes \M 02 -08 -11 PZ approved.doc City of Albertville Planning & Zoning Commission Minutes February 8, 2011 Page 2 of 6 Chair Kocon opened the public hearing at 7:02 p.m. City Planner Brixius stated that Particle Control is a family -owned business located at 6062 Lambert Avenue NE. Particle Control is a dry food processing business that specializes in milling, blending, air classifying, screening, and packaging dry food ingredients. They have been in business for a number of years. Bill Arns, owner - manager of Particle Control, met with staff to discuss the option of constructing two (2) silos within their site. Staff felt the silos were not too overbearing on the site and building layout. Staff noted that the silos did not meet the zoning regulations; therefore, recommended that Mr. Arns submit a Development Application to re -zone the property from B -3 Highway Commerical to a Planned Unit Development (PUD). Staff explained that Particle Control's industrial use of the site is a legal non - conforming use, which is why the rezoning of the property would allow the business to continue to operate in the same size and manner it existed as when the zoning change took place. The site was initially zoned B -3 Highway Commercial because it could be visible from I -94. It was the City's ambition to promote commercial development along I -94 and CSAH 37. Particle Control is a clean, quiet industrial land use that has been a good neighbor to the surrounding properties. The City has no nuisance complaints of the business. Additionally, the company provides both industrial tax base and local employment opportunities. Neither Particle Control nor the City of Albertville is prepared to seek redevelopment of the site at this time. City Planner Brixius reviewed the rezoning portion of the application. The first option was to rezone the property to an I -1, Limited Industrial District. This option was reflected due to the range and intensities of the industrial uses that are allowed in this zoning district. The alternative zoning option is to rezone the property to a Planned Unit Development (PUD). Through the PUD zoning, the City may define the range of appropriate land uses and development performance standards unique to the proposed property. As noted under No. 3. of the Planner's report section dealing with Rezone: The current land use and building location are legally non - conforming in the current B -3 Zoning District. The change in zoning will allow the use; however, proposes to retain the B -3 District required setbacks. The construction of the silos will be required to meet the B -3 District setbacks and height restrictions. Setback Required Existing Compliant Front — North 35 feet 11.6 feet No Side — West 20 feet 51.9 feet Yes Side — East 20 feet 10.0 feet No Rear - South 20 feet 7.5 feet No Brixius reported that the proposed silo location meets required front and side yard setback standards; however, the height must be restricted to 35 feet. MAPublic DataTlanning & Zoning\P &Z minutes\2011 Minutes\M 02 -08 -11 PZ approved.doc City of Albertville Planning & Zoning Commission Minutes February 8, 2011 Page 3 of 6 Architectural Standards. The B -3 District restricts building height to 35 feet. The district also mandates that 50 percent of all building walls must have an exterior finish of brick, stone, replicas, etc. Currently, the building meets the B -3 height standards, but fails to meet the exterior finish standards. Staff is recommending that through the PUD, the following architectural standards be applied: (1) All buildings shall not exceed 35 feet in height. This will limit the silo height to existing standards. (2) Within the approved PUD shall be the following standards: (a) Any and all permitted conditional and accessory uses allowed within the B -3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. (b) Industrial processing of dry food ingredients buildings may have a metal exterior finish provided the color of any new building or structure matches the color and design of the principal building. This PUD flexibility will preserve the appearance of Particle Control while accommodating the existing conditions. The new silo will need to match the color of the principal building. The addition of the site will not immediately increase employment. No additional parking is required. No parking lot improvements are necessary. Brixius then brought to the Commission members' attention that Bill Arns, the applicant, was present if they had any other comments or questions regarding the application. Chair Kocon opened up the public hearing to the Commission members' comments. Commission member Kocon asked about the amount or the weight load of product that is brought in and shipped out of the site. Mr. Arns reported that currently Particle Control receives product in 1200 pound bags and ship them out in about 1500 pound bags. Commission member Kocon inquired about the production process `mainly the cleaning of the machine; filtering of the dry food; and the milling of the product'. Mr. Arns assured the commission that the processing of the food has minimal particles floating around during the milling. The filters are good at minimizing the dust that comes from transporting the material from one space back into bags for shipment. There is a very minimal amount of debris or dust that is emitted into the air inside the building or outside the building during the process. The facility is a safe environment for both the employees and the community. Commission member Kocon wanted to ensure that it is to be a success for Particle Control economically, profitability, and loading/unloading the truck with ease of operation by having the ability to maneuver around the site with the placement of the silos. MAPublic DataTlanning & Zoning\P &Z minutes\2011 Minutes\M 02 -08 -11 PZ approved.doc City of Albertville Planning & Zoning Commission Minutes February 8, 2011 Page 4 of 6 There was a brief comment about the potential of signage on the silos, which there will be NO signage allowed. Bill Arns and City Planner Brixius stated the silos will be white. Chair Kocon opened up the public hearing to the general public. There was no one in the audience to comment on the proposed rezoning of the Particle Control property from B -3 Highway Commercial to Planned Unit Development with B -3 setbacks or the Site and Building Plan review. Chair Kocon closed the public hearing at 7:26 p.m. P &ZCMs Edgren/Olson motioned to approve amending the official Zoning Map of the City of Albertville, relating to the Particle Control property, located at 6062 Lambert Avenue NE with the following conditions: Planned Unit Development. In establishing the PUD Zoning District, the following use and performance standards shall be applied: 1. Uses. Within the approved PUD, land uses shall be limited to the following: a. All permitted conditional and accessory uses allowed within the B -3 Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. b. Industrial processing of dry food ingredients limited to milling, blending, air classifying, screening, packaging, warehousing, and storage per the approved site plan received December 2010. 2. Setbacks. All new development and any further expansion of the existing building shall comply with the following setbacks: a. Front Yard. Thirty -five (35) feet. b. Side Yard. Twenty (20) feet or thirty -five (35) feet where abutting an "R" District. c. Rear Yard. Twenty (20) feet or thirty -five (35) feet where abutting an "R" District. 3. Building Height. Thirty -five (35) feet. 4. Architectural Standards. Within the approved PUD, architectural standards shall be the following: a. Any and all permitted conditional and accessory uses allowed within the B -3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. MAPublic DataTlanning & Zoning\P &Z minutes\2011 Minutes\M 02 -08 -11 PZ approved.doc City of Albertville Planning & Zoning Commission Minutes February 8, 2011 Page 5 of 6 b. Industrial processing of dry food ingredients buildings may have a metal exterior finish provided the color of any new building or structures match the color and design of the principal building. These PUD standards shall be used to process any future additions or redevelopments to the site. Motion carried unanimously. P &ZCMs Edgren/Olson motioned to approve the Site and Building Plan Review for Particle Control located at 6062 Lambert Avenue NE according to the following conditions: Site Plan. The following conditions shall be required for installation of the proposed silos: 1. Silo shall not exceed 35 feet in height. 2. Silo shall be located on site per the approved site plan dated December 2010 and provide a minimum setback of 35 feet from the north lot line and 20 feet from the east lot line. 3. The exterior finish of the silo shall match the color of the principal building. 4. Ladders with anti - locking mechanisms placed on the silo for safety purposes. Motion carried unanimously. OTHER BUSINESS Accept the Building Official/Zoning Administrator's Report Building Official Sutherland gave the Commission members an update on building activity throughout Albertville. The construction activity in December was typically slow; however, as a whole 2010 was better than expected, taking into account the status of the economy. There were a total of 17 permits issued for the year 2010. Sutherland continued with the commercial activity, which included an interior door for Patty J's new Restaurant at 5262 Kyler Avenue NE, Westwind Apartments obtained a commercial alteration permit for building maintenance and improvements at 10740 CSAH 37, Summit Chiropractic installed an x -ray room at 10904 574h Street NE. There were several commercial mechanical and plumbing permits. He worked with the League of MN Cities Insurance agent and the contractor regarding the replacement of the City Hall skylight that was damaged by hail. He also worked with the sub - contractor who submitted a proposal to repair the water damage to City Hall due to the leaking skylight. M:\Public DataTlanning & Zoning\P &Z minutes\2011 MinutesM 02 -08 -11 PZ approved.doc City of Albertville Planning & Zoning Commission Minutes February 8, 2011 Page 6 of 6 Sutherland noted that there were new Minnesota Laws that were enacted by the State Legislature, he reviewed the new laws relating to building codes, contractors, and additional duties of the Building Official and the City that are now required to implement by these laws (City Attorney Couri is the City's expert who advised Sutherland of the ramifications of these laws or unfunded mandates). Sutherland reported on Foreclosures; which work continues with vacant foreclosed houses with registration and inspections. Foreclosure work includes investigation, registration, inspection, and follow -up. A few foreclosures are apparent because the driveways may not be plowed this time of year. Many housing maintenance, building, electrical, mechanical, and plumbing code items are being addressed through the enforcement of the Vacant Property Registration Ordinance. Then Sutherland brought up the Rental Housing inspections; rental licensing, and inspections continue; obtaining many corrections to rental housing violations including but not limited to safety, gas leaks, smoke and carbon monoxide detectors, and electrical code violations. Our local state electrical inspector assists with resolving the electrical code violations for the rental properties. Some foreclosures are turning from owner occupied into rentals and this could be a concern for the Council. Another area that involves inspections is the Fire Department; there is continued assistance from the Fire Department with the Fire Code enforcement and general assistance with the program. Staff continues to work with Burger King, the Albertville Premium Outlets, and other businesses with fire code concerns. Sutherland concluded the discussion with Ordinance Enforcement; issues include sign code enforcement, removing signs from the right -of -way, enforcement of commercial temporary signage, building code violations, water drainage /water problems, refuse in the ditch, continued work with Pro -Tech Marine and Emma's Express regarding Council CUP approval. We worked on dog kennels, wetlands, and fences. ADJOURNMENT P &ZCMs Totman/Edgren motioned to adjourn the February 8, 2011 regular Planning and Zoning Commission meeting at 7:50 p.m. Motion carried unanimously. �&� . md Bridget Mil , City Clerk/Secretary MAPublic DataTlanning & Zoning\P &Z minutes\2011 Minutes\M 02 -08 -11 PZ approved.doc