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2019-07-09 PC Minutes,lbertvi j jE &.a -k".U".wONuh� ALBERTVILLE PLANNING COMMISSION TUESDAY, JULY 9, 2019 APPROVED MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA Chair Buhrmann called the meeting to order at 7:00 p.m. Maeghan Becker conducted roll call. 7:00 PM Present: Chair Buhrmann and Commissioners, Brempell, Hudson, Klecker, Anderson. Absent: Council Liaison Halling. Others Present: City Planner Alan Brixius, and Building Permit Technician Maeghan Becker, Robert Spring (owner of Rigs to Rods), Mark Grave (Federated Co -Op), Ken O'Brien (Federated Co -Op), Mike McMahon (Chief Executive Officer of Federated Co - Op), Randy Stangler (owner of 6737 Labeaux Ave property) Motioned by Klecker, seconded by Anderson, to approve the agenda. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Brempell, seconded by Anderson to approve the May 14, 2019 Planning Commission meeting minutes. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Page 1 3. PUBLIC HEARINGS A. Public Hearing to Consider a Request from PS Dec for a conditional use permit to allow a limited light industrial use with a PUD/ B-2A zoning district at 6737 Labeaux Avenue NE in Albertville. Brixius informed the commissioners about the proposed tenant PS Dec requesting a CUP to move into the site of 6737 Labeaux Ave NE. They are a company that applies paint and finishes to cabinets and furniture. PS Dec would occupy 6,500 square feet of this building. Due to this site recently being rezoned to a PUD/B-2A Special Business District it allows for limited light industrial uses by conditional use permit. Brixius informed that it is recommended that screening be included surrounding the proposed fence. The screening will act as a buffer which would be an acceptable provision made to control and reduce noise. Brixius went over the conditions and comments from the applicant for light manufacturing at this site. Brixius told commissioners that no outdoor storage is approved with this application. The consideration of the outdoor storage shall be under a separate future interim use permit. Staff recommends the approval of the PS Dec Conditional Use Permit to allow for limited light industrial use in the PUD/B-2A zoning district at 6737 Labeaux Avenue NE based on the plans submitted June 20th, 2019 along with the following conditions: 1. The building shall meet all building and fire code requirements and obtain a certificate of occupancy prior to business occupancy. (See building inspector's letter, exhibit C). 2. The applicant shall demonstrate adequate and up to code utility services forthe proposed uses. 3. The parking shall be consistent with the submitted site plan dated June 20th, 2019 with the following conditions: a. The paved parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped according. Parking shall occur only within the appropriate paved stalls. b. The parking area on the east side of the building is not approved and any expansion or change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. c. All areas beyond the approved paved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. 4. No outdoor storage is approved with this application. S. All painting and or spraying must be conducted in the approved booth and no Planning Commission Meeting Minutes Page 2 Regular Meeting of July 9, 2019 exterior fumes or by product may occur. Buhrmann asked if the entire building is going to under city water. Mr. Stangler responded that the water hook up will be for the fire suppression only. Anderson asked about the dumpster location on the site plan and that the dumpser will be contained. Klecker asked about the number of employees and Brixius informed that the tenant is looking to grow their employee base. Brempell discussed the parking lot stalls. Motioned by Hudson, seconded by Klecker, to open the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Randy Stangler approached the podium. Buhrmann asked Stangler about the parking area and what his plan is for the parking. Stangler informed him that the conditions provided by the City are very extensive and will cost a lot of money. Motioned by Klecker, seconded by Brempell, to close the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Anderson, to approve the request from PS Dec for a conditional use permit to allow a limited light industrial use with a PUD/ B-2A zoning district at 6737 Labeaux Avenue NE in Albertville with the conditions listed in the July 2, 2019 planners report. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. B. Public hearing to consider a request from Rigs to Rods for a conditional use permit for automobile repair and an interim use permit for outdoor storage within a PUD/B-2A zoning district at 6737 Labeaux Avenue NE inAlbertville. Brixius informed commissioners of the background of Rigs to Rods that is operating in the Stangler Building located at 6737 Labeaux Avenue NE. They are requesting a CUP for allowance of a minor auto repair shop and an interim use permit for outdoor storage in a PUD/B-2A Special Business District. Rigs to Rods is an automotive repair shop providing service such as oil changes, tire repair, brakes, minor collision work, boat and RV mechanical work and cleaning services. The business also includes a U-Haul rental service with moving trucks and trailers, as well as retail sales of boxes and other moving items. The outdoor storage area will be used for customer vehicles to be dropped off and picked up along with storage for materials of the business. The site plans propose a U-Haul area that will be used to display rental trucks and trailers and will be classified as an accessory use of open or outdoor display areas. Planning Commission Meeting Minutes Page 3 Regular Meeting of July 9, 2019 Performance standards were created for this district which would allow for a minor auto repair shop as a CUP and outdoor storage as an Interim Use Permit. Brixius went on to discuss that a minor automobile repair is listed as an approved use under the current zoning, B-2A district, as a conditional use and discussed the conditions that are required. Brixius spoke on the following conditions topics: ■ Lot size ■ Landscaping and screening ■ Parking/automobile storage ■ Noise provisions After the recent rezoning of this site was approved to a PUD/B-2A, outdoor storage is allowed as an interim use permit with conditions specific to this PUD. The conditions are that the applicant Performance standards were created for this district which would allow for a minor auto repair shop as a CUP and outdoor storage as an Interim Use Permit. They also need to meet the following zoning requirements: ■ Outdoor storage will be allowed as an interim use permit. ■ Outdoor storage shall not be allowed in the front yard and shall be setback 35 feet from the south lot line and setback 10 feet from the west and north lot lines. ■ Outdoor storage shall be fenced around the entire storage area. No storage shall occur outside of the approved storage area. ■ Within the PUD, outdoor storage area shall be screened from the public street and adjoining properties. ■ Outdoor storage areas will be surfaced with asphalt, concrete, or crushed rock (granite) to control dust or mud surfaces. ■ The site plan will be required to illustrate access and egress to the outdoor storagearea that does not interfere with the required parking. Staff recommends the approval of the CUP to allow for an auto repair shop in this PUD B-2A zoning district with the following conditions: 1) The business parking shall be located on a paved surface; parking on dirt or grassed areas of the site is prohibited. The parking area shall be striped to provide 15 parking stall and 1 disability parking stalls shall be properly dimensioned to meet city code. 2) All business operations and repairs shall occur within the building. No outdoor automobile repairs. 3) Trash and recycling handling equipment shall be kept within the building except for trash pick-up days. 4) The business's tenant bay shall meet all building and fire codes and receive a certificate of occupancy. Planning Commission Meeting Minutes Page 4 Regular Meeting of July 9, 2019 Recommendation for the Outdoor Storage Interim Use Permit: Staff recommends approval of an interim use permit for the outdoor storage area on the west side of the building per the site plan with the following conditions: 1) Outdoor storage will be allowed as an interim use permit. The outdoor storage interim use permit will expire with a change of use for the tenant bay, or the redevelopment of the building or site. 2) The applicant shall provide the following additional information pertaining tothe outdoor storage permit. a) Site plan showing the location, size, setbacks and access to the outdoor storage area. b) Fence detail showing the fence type, material, height and gate details c) Screening plan for the outdoor storage area. This is either a screen fence or landscape plan. d) Outdoor storage area surfacing plan that meets the surfacing requirements of the city. e) Until the outdoor storage area is approved and constructed the current illegal outdoor storage is removed from the site. f) Stacking of materials within the outdoor storage area above the height of the provided screening shall be prohibited. g) Outdoor storage beyond the approved and constructed outdoor storage area is prohibited. h) The items stored in the outdoor storage area shall be limited items related tothe operation of Rigs to Rods. Outdoor storage of hazardous materials is prohibited. The aforementioned information shall be submitted for the review and approval of city staff prior to construction and use of the outdoor storage area. The aforementioned items shall be imposed as conditions for the operation and use of the interim use permit. Recommendation for the Outdoor Display of Merchandise: Within the PUD/13-2A zoning district limited outdoor display of merchandise is allowed as an accessory use. While the site plan identifies a display area, it does not meet the city performance standards. Staff does not recommend approval of the display area as illustrated on the site plan. The applicant may pursue this through staff review and approval with the submission of the following information: 1) Submission of a site plan that illustrate the location and size of the display area. The display area is limited to 10% of the tenant bay floor space (500 sq. ft.) 2) The display area must be on a bituminous surface. Product display on dirt orgrassed areas is prohibited. 3) The display area must be access from the existing pave parking area. Planning Commission Meeting Minutes Page 5 Regular Meeting of July 9, 2019 Anderson questioned the dumpster location for Rigs to Rods. Brixius responded that the dumpster will be in the fence area for the outdoor storage area. Anderson also questioned the size of the outdoor storage area being adequate enough for Rigs to Rods type of work. Motioned by Klecker, seconded by Hudson, to open the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Randy Stangler approached the podium. Stangler asked about the property abutting up to residential districts and what that means. Brixius answered that it determines the landscaping and screening needed. Brixius also informed that the outdoor storage will require fencing and screening no matter if the property abuts residential or commercial lots. Stangler questioned the number of outdoor storage U-Hauls he can have displayed outside of the outdoor storage fencing. Brixius responded he can have up to 500 square feet, which is equivalent to 2 U-Haul vehicles. Stangler would like more. Buhrmann asked Stangler if there is a current lease agreement with Rigs to Rods. Stangler said that is not a current lease agreement and there will not be until the tenant becomes a complaint tenant in that space. Robert Springs approached the podium, he is the owner of Rigs to Rods. Rob informed commissioners that they reduced the U-Hauls since they have been there. He said that he is having vehicles moved within 24 hours if they are not being picked up by the owner. He stated he had removed 13 cars since he started this process of becoming compliant. Buhrmann asked if the storage area will be able to accommodate their usual intake of vehicles. Springs responded that the storage area will be adequate enough. Klecker asked how many employees there are. Springs responded that there are 5 employees. Motioned by Klecker, seconded by Brempell, to close the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Motioned by Klecker, seconded by Brempell, to approve the request from Rigs to Rods for a conditional use permit for automobile repair and an interim use permit for outdoor storage within a PUD/B-2A zoning district at 6737 Labeaux Avenue NE in Albertville with the conditions listed in the July 3rd 2019 planners report. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. C. Public hearing to consider a request from Federated Co-op for a PUD amendment to allow a 10,000 gallon above ground gasoline storage tank at their property at 11229 60th Street NE in Albertville. Planning Commission Meeting Minutes Page 6 Regular Meeting of July 9, 2019 Brixius went over the history of the Federated Co -Op site and the zoning changes that have happened over the years. Federated Co-op is requesting an amendment to their PUD to allow a seventh tank within their tank containment area. The new tank is proposed to contain 10,000 gallons of premium gasoline. Brixus went over the Summit Companies Report and the Fire Chiefs letter which are included in the July 2, 2019 Planners Report. Brixius discussed the 3 options of staff recommendation: Gasoline is more volatile and more flammable than the other fuels being stored at the Federated Co -Op site. The new tank, along with the existing gasoline storage tanks, will almost double the gasoline quantities being kept on the site. Based on City staff review and concerns related to emergency management we cannot recommend the addition of another above ground tank gasoline storage tank. In this regard we offer the following recommendations: 1. Recommendation for denial of the PUD amendment with the following findings. ■ The addition of a new 10,000 gallon gasoline above ground storage tankwill almost double the gasoline storage on the site. Extra gasoline fuel tanks have be added to the site without city approval since the PUD was approved in 2013. ■ Gasoline is more volatile and more flammable than the other fuels stored at the site. ■ The site offers not water supply for the fire department. ■ The Albertville Fire Department lacks the equipment to handle a non -routine call at the facility. ■ The site offers no on -site, fire -fighting equipment that would assist the fire department with a non -routine call at the facility. ■ The new fuel storage tank does not meet the Emergency Response Guidelines for downwind evacuation separations for adjoining land uses. 2. Federated Co-op continues to be a valued business within the City and the expansion of the business is critical for their continued success. In this regard, City Staff can recommend approval of additional gasoline storage with the condition that it is an underground tank and meets the applicable performance standards of Section 4400.4 for a motor fuel station. With this approval the applicant shall submit a revised site plan and tank construction plans for review and approval of the City Staff. 3. If the Planning Commission or City Council does not agree with the recommendations of the City Staff and wishes to approve the original applicants request. Said approval shall include the following conditions: ■ The above ground tank meets all building and fire code requirements perthe Summit evaluation report. Planning Commission Meeting Minutes Page 7 Regular Meeting of July 9, 2019 Applicant shall provide tank field security to prevent access to the tanks and tank controls that is approved by the City Fire Chief. Hudson wanted to clarify that Federated meets the building and fire code requirements, and Brixius responded yes, according to the Summit Report, Hudson then responded with the concerns of the Fire Chief and his letter of recommendation, he is wondering if this demonstrates a deficiency within the code for this situation. Brixius informed that this is a public safety matter and they take that into evaluation. Hudson questioned that there were additional fuel tanks added to the city without city approvals. Buhrmann went over the Summit Report and said that in this report, they only look at the construction of the tank farm. Anderson is concerned about the public safety risks that this proposes. Anderson asked where the nearest hydrant is. Brixius informed the nearest hydrant is on either 60th street or 58th street. Motioned by Anderson, seconded by Klecker, to open the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent: Hailing. MOTION DECLARED CARRIED. Mark Grave is the Director of Energy of Federated Co -Op, he approached the podium. He informed commissioners that they are requesting an additional tank for holding more for the demand for the surrounding community. Grave agreed with Buhrmann that when Summit Companies does their report, they are only looking at the construction of the tank farm and the cleanliness, not the fire response and containment. Grave went down the list of the Fire Chiefs comments on his letter with Federated's response to each comment. Grave went over the options that were put forth by City Staff. He said that the option to put the tanks underground is not an option for them. He believes that it causes pollution in the ground and that they will not consider that an option. Grave questioned the additional security the City is requesting. Klecker asked about why Grave is opposed to put the petroleum tank underground. Grave responded with the pollution that it causes from leaks. Ken O'Brien with Federated Co -Op approached the podium and informed the commissioners on the pollution that underground tanks cause from leaks that occur. Anderson asked about the 9 tanks that are currently at the site and asked about the manufacturing dates on the tanks. Grave responded that the date doesn't necessarily tell the life of the tank, it is a visual inspection, and a usual life span for a tank he estimates is about 45 years. Planning Commission Meeting Minutes Page 8 Regular Meeting of July 9, 2019 Klecker asked about the 14,000 gasoline tank that is already on site and what the use is for with all that gasoline. Grave responded that they distribute them to contractors and farmers in the surrounding community. Buhrmann asked about the other locations that have tank farms. Grave went over the emergency response guidelines to the commissioners and discussed the evacuation process if needed. Hudson asked about the emergency response guidelines and asked if the addition of this 10,000 gallon tank wouldn't change the burden that we are already under. Brixius responded that the Fire Chiefs letter describes that adding an additional tank will increase risks to the public. Anderson questioned with Hudson if adding the additional tank would affect the current condition that already exists. Klecker, Grave and Brixius debated underground tanks versus above ground tanks. Buhrmann tabled the debate and to have further communication with City Staff. Motioned by Brempell, seconded by Hudson, to close the Public Hearing. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Brempell brought up that Federated Co -Op and the Fire Chief should be able to have a discussion regarding the additional tank. Hudson has questions for the Fire Chief as to why the addition of the second tank adds to the risk of what already exists in regards to the emergency response guidelines. Hudson also has concerns about the additional fuel tanks that were not approved by the City; he would like to clarify this. Klecker would like to hear from the Fire Chief regarding this additional tank and that we need more information before going forward. Anderson would like to come to common ground to resolve this between all parties. Klecker asked for the difference in cost between underground and above ground tanks. Grave responded that he does not know the difference in cost. Hudson explored a possibility of a fourth option to keep this moving forward for the timeline of the applicant with Brixius. Motioned by Hudson, seconded by Klecker, to postpone the request until the August 13tn Planning Commission Meeting from Federated Co-op for a PUD amendment to allow a 10,000 gallon above ground gasoline storage tank at their property at 11229 60th Street NE in Albertville. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Planning Commission Meeting Minutes Page 9 Regular Meeting of July 9, 2019 6. OTHER BUSINESS A. None. 7. ADJOURNMENT Motioned by Anderson, seconded by Klecker, to adjourn the meeting at 8:47p.m. Ayes: Buhrmann, Brempell, Klecker, Hudson, and Anderson. Nays: None. Absent. Hailing. MOTION DECLARED CARRIED. Respectfully submitted, "aeghan ecker, Building Permit Technician