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2013-06-11 PC Agenda Packet PLANNING & ZONING COMMISSION MEETING Tuesday, June 11, 2013 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES February 12, 2013 Planning and Zoning Meeting (pages 1-3) 3. PUBLIC HEARINGS a. Consider a zoning amendment to Section 1200 of the Albertville Zoning Ordinance prohibiting coal tar sealants for use in the construction and/or maintenance of parking lots or driveways in Albertville (pages 4-7) 4. OTHER BUSINESS a. Discussion of uses for 5447 County Road 19 (pages 8-12) b. Discussion of potential church site in response to inquiry of Northwest Bible Church (oral presentation) 5. ADJOURNMENT City of Albertville 5959 Main Avenue NE P. O. Box 9 Albertville, MN 55301 (763) 497-3384 1 UNAPPROVED PLANNING AND ZONING COMMISSION MINUTES February 12, 2013 1. CALL TO ORDER: Chair Frank Kocon called the meeting to order at 7:00 p.m. 2. ROLL CALL: Commissioners present: Chair Kocon, Totman, Lindberg and Edgren. Staff members present: Alan Brixius Others Present: Thomas Stephenson representing Fraser Steel and Dennis Cournelius representing Fraser Steel. 3. APPROVAL OF AGENDA: The agenda was approved as submitted adding item 4A: Tax Increment Financing Recommendation and Item 4B: Appointment of Officers 4. APPROVAL OF MINUTES: The December 11, 2012 minutes were approved as submitted Totman moved, second by Lindberg to approved minutes as submitted. Motion carried unanimously. 5. PUBLIC HEARINGS : Consideration of Approval of Fraser Precision Tubular Parts Building a 24,500 square foot Industrial building expansion at 11915 53rd Street NE. Mr. Brixius presented the February 7, 2013 planning report for the Fraser Steel building expansion citing the following: A. The Fraser Steel expansion was consistent with the Albertville Comprehensive Plan and economic development goals. Planning and Zoning Commission Minutes 02-12-13 Page 2 of 3 2 B. The site is zoned I-1, Limited Industrial. The proposed use is allowed within this zoning district. C. The proposed building met all the I-1 District setbacks and lot standards. D. The applicant is requesting flexibility from the City’s required amount of parking by Code, citing that their company was highly mechanized and 70% of the floor space is occupied by machines. E. Mr. Brixius discussed issues of lighting, on-site loading, landscaping, wetlands, and signage. At the conclusion of his presentation, Mr. Brixius recommended approval of the Fraser Steel site and building plans with the conditions outlined on pages 9 and 10 of the February 7, 2013 planning report and February 6, 2013 engineer’s memo. Chair Kocon opened Public Hearing to consider the approval of Fraser Precision Tubular Parts constructing a 24,500 square foot industrial building expansion at 11915 53rd Street NE. Thomas Stephensen, of Fraser Steel, addressed the Commission by thanking them for their consideration of the project. Stephensen stated the additional space will provide more jobs for the community and aid in the growth of the company. Fraser Steel, a family owned and operated company, began in 1990; in 1996 added an addition and now would like to add another addition. Stephensen stated manufacturing runs 24-7 and they have invested much into high technology robotics to increase volume. Stephensen also stated with the use of lasers to cut the materials that there are no chemicals, etc stored on-site. The only outdoor storage will be in the dumpsters and recycle dumpsters. Stephensen then thanked the Commission for their time. As no other comments from public, Chair Kocon closed the public hearing. Motion by Lindberg second by Edgren to approve the Fraser Precision Tubular Parts building addition of 24,500 square foot building expansion at 11915 53rd Street NE. less item 4C in the City Planners review. Motion carried unanimously. 4A Tax Increment Financing Recommendation: Motion by Totman second by Lindberg to recommend Tax Increment Financing consistent with the Comprehensive Plan as this area is identified in the Vision Statement as this area is inclusive as an industrial manufacturing area. 4B Appointment of Officers: Planning and Zoning Commission Minutes 02-12-13 Page 3 of 3 3 Chair Kocon nominated Totman and Totman accepted nomination of Chair. Motion carried unanimously. Chair Kocon nominated Edgren as vice chair. Motion carried unanimously. Chair Kocon motioned second by Lindberg to adjourn meeting at 7:35 p.m. Motion carried unanimously. ____________________________________________ Sue Schwalbe, Recording Secretary 4 Mayor and Council Communication _____________________________________________________________________________ May 1, 2013 SUBJECT: PUBLIC WORKS –RESTRICTION ON COAL TAR-BASED SEALANTS DISCUSSION: This space on the agenda is reserved for presentation and discussion concerning a potential zoning ordinance amendment to restrict or ban the use of coal tar-based sealants on driveways and parking lots. If the Council desires to pursue amending the ordinance to ban the use of coal tar-based sealants, staff will draft a ordinance for Planning Commission review and recommendation. INFORMATION: Coal tar-based sealant is used to recondition asphalt surfaces, but there are serious environmental concerns with its use. Coal tar, a byproduct of coal processing, contains high levels of chemicals called polycyclic aromatic hyrdrocarbons (PAHs). Some PAHs are known human carcinogens. It is commonly used in asphalt sealers. Studies have shown when coal tar-based sealants are applied on parking lots and driveways, PAHs can be released into nearby surface waters, where they can accumulate to potentially harmful levels in sediments. This also is a concern for local governments responsible for managing stormwater ponds and disposing of sediments dredged from them. Alternatives to coal tar-based sealer formulations are available that have far lower levels of PAHs. In 2009, the State Legislature enacted a bill pertaining to use of coal tar-based asphalt sealants. The bill restricts state agencies from purchasing undiluted coal tar-based sealant. To assist cities, the MPCA and League of Minnesota Cities have developed several educational pieces for the public and prepared model ordinances for city and county use. In the years since the 2009 legislation, several Minnesota cities have passed local bans on coal tar-based sealants. Nearby cities include Buffalo and Elk River. KEY ISSUES: • State and Local agencies do not use coal tar-based sealants; however, the product is often used by in the private sector for residential driveways and commercial parking lots. • Removal of stormwater sediment containing PAH’s is costly due handling and disposal requirements. • Adoption of an ordinance banning the use of the product may better position the City for environmental grants and funding assistance. • The ban of PAH’s from asphalt seals is a stormwater management best management practice (BMP). • An ordinance prohibiting the use of coal tar-based sealants is a useful tool to prevent/discourage the use of the product; however, enforcement of the ordinance would like be difficult. • It is proposed that the City’s Zoning Ordinance pertaining to off-street parking maintenance be amended to ban the use of coal tar-based sealants. 5 POLICY/PRACTICES CONSIDERATIONS: Published notice and a public hearing at a Planning and Zoning Commission meeting would be required to move the ordinance amendment forward. FINANCIAL CONSIDERATIONS: This ordinance does not impact the City’s revenues or expenses. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to approve or deny Zoning Ordinance amendments. Department/Responsible Person: Public Works/ Adam Nafstad Submitted through: Adam Nafstad, City Administrator Information On-File: PAH’s FAQs Sheet, LMC Model Ordinance and other information is available at City Hall and through the MPCA. 6 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2013 – __ AN ORDINANCE AMENDING CHAPTER 1200 OF THE ALBERTVILLE ZONING ORDINANCE, OFF-STREET PARKING REQUIREMENTS, SECTIONS 1200.4 AND 1200.5 PROHIBITING THE USE OF COAL TAR-BASED SEALANT IN THE CONSTRUCTION AND MAINTENANCE OF PARKING LOTS, DRIVEWAYS OR PAVED AREAS WITHIN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1200.4.H.13 of the Albertville Zoning Ordinance is hereby amended to read as follows: 13. All areas intended to be utilized for parking space and driveways shall be surfaced with bitumen or concrete to control dust and drainage, except in the case of farm dwellings/operations and as specified in subsection E of this section. Coal-based sealants are prohibited materials in the construction or maintenance of paved parking spaces, driveways, or other paved areas on a property. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for his review, and the final drainage plan shall be subject to his/her written approval. In unique situations, where drainage or other factors warrant such, the City Engineer may permit deviation from these surfacing requirements. SECTION 2. Section 1200.5 of the Albertville Zoning Ordinance is hereby amended to read as follows: 1200.5: MAINTENANCE: It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain, in a neat and adequate manner, the parking space, accessways, striping, landscaping and required screening. Coal-based sealants shall be prohibited materials in the maintenance or reconditioning of paved parking spaces, driveways, or other paved areas on a property. SECTION 3. Section 1300.6 of the Albertville Zoning Ordinance is hereby amended to read as follows: 1300.6: SURFACING: All loading berths and accessways shall be improved with not less than six (6) inch class 5 base and two (2) inch bituminous Surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the City Engineer. Coal- based sealants shall be prohibited materials in the maintenance or reconditioning of paved loading areas, driveways, or other paved areas on a property. City of Albertville County of Wright Ordinance No. 2013 - ___ Parking Requirements Page 2 7 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this ____ day of ___________ 2013. ___________________________________ Jillian Hendrickson, Mayor ATTEST: ______________________________ Kim Olson, City Clerk 8 MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius/Emily Shively DATE: June 6, 2013 RE: Albertville – Property Reuse Evaluation; 5447 County Road 19 FILE: 163.05 - General BACKGROUND The property at 5447 County Road 19 is zoned and guided B-2 commercial. The property consists of a single family home and is a legal non-conforming use. The property is now for sale and various re-use proposals have been submitted. This memo provides an evaluation of the existing conditions, property inquiries to date, and review of the goals of the 2030 Visioning Study to aid in determining the future development or reuse of the property. EXISTING CONDITIONS • Site consists of one residence (approximately 2,300 square feet) and one detached outbuilding (pole barn; approx. 1,400 square feet) on 2 acres. The home was built in 1982 and is in generally good condition. • Site is a legal non-conforming use in a B-2 zone. • Adjacent parcels are B-2 on west and south property lines; B-2 across LaBeaux Avenue to the east; and Med-Density residential to the north. • The adjacent parcel is currently in agricultural use. PROPOSALS FOR RE-USE • Utilize the home as a residence and provide a pet daycare and kennel in the outbuilding. • Rent the home and utilize the outbuilding for storage of rug cleaning equipment and vehicles. 9 VISIONING STUDY AND ZONING • The corridor along LaBeaux Ave. from Jason Ave. NE/ 50th St. NE to Interstate 94 is planned for commercial land use (with the exception of medium density residential north of the site to 57th Street NE) and is a major north-south corridor connecting retail and the interstate in the north with St. Michael to the south. • This commercial corridor abuts low density residential land uses to the west and east. • The 2030 Visioning Study lists the following goals: o Maintain current planned commercial land use patterns and zoning (Pace of Growth: Goal 1.4). o The city should be patient with infill commercial development to ensure proper access, quality site design, and quality architecture; site access will be an important driver of commercial development (Commercial: Goal 1.2 and 1.4). DISCUSSION Commercial development has begun along the County Road 19 corridor, but currently clusters around Albertville Crossing and the Albertville Medical Clinic to the south. The site, when combined with the adjacent parcel comprises 14 acres and could present an opportunity for a larger scale commercial development. However, this area has not been targeted as a priority area for commercial development. Interim uses that utilize the existing buildings for commercial uses or a proposal for commercial redevelopment would progress toward the goal of eliminating legal non- conforming uses in the corridor. Current proposals for site reuse may fit with the current configuration of the property, but may not meet the standard for determining permitted commercial use. Other proposals for reuse could be considered, but may require alterations of the property to ensure code compliance. The current direction provided to interested parties has been that the site may be used either as a single family home or converted entirely to commercial uses. Direction from the planning commission is requested as to whether this is appropriate guidance for the reuse of this parcel. c: Sue Schwalbe Kim Olson Mike Couri Paul Heins Attachments: Exhibit 1: Parcel Map Exhibit 2: Existing Land Use Map Exhibit 3: Proposed Land Use Map Wright County, MN Date Created: 6/4/2013 Parcel ID 101500024100 Sec/Twp/Rng 2-120-24 Property Address 5447 LABEAUX AVE NE ALBERTVILLE Alternate ID n/a Class 201 - RESIDENTIAL Acreage n/a Owner Address n/a District n/a Brief Tax Description Sect-02 Twp-120 Range-024 UNPLATTED LAND ALBERTVILLE1 E307FT OF N355FT OF NE1/4 OF SE1/4 (Note: Not to be used on legal documents) Last Data Upload: 6/4/2013 9:12:23 AM 113 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL City/Township Limits c t Parcels 10 94 70TH 37 LABEAUX60TH J A S O N MAIN57TH 65TH 61ST MACIVER67TH 50THKALIKAHL 49TH51ST 62NDKALDER KARSTON 63RD KALLAND58TH 52ND MASONLANDER69TH KAHLER64T H LANSINGLAMBERTMARLOWEBA R T H E L I N D U S T R I A L KALENDA54TH KASSELKAMAMAYELIN56TH MARXLINWOODKADLER53RDLAKEJANSENLACHMAN 48TH MAYER68TH KYLER47TH K A I S E R 54 1/2 MACKENZIEMARSHALLLAKETOWNE LASALLE66TH MACK E N Z E KAGAN55THMARTINLAKEWOODLABEA U X A V E N E T O W B I 9 4 60TH ST NE TO W B I 9 4 LACENTREKAITLINE A S T L A K E TOWN E KARMENWEST LAKETOWNELANNON60 T H S T N E T O E B I 9 4LAKEVIEW LARGE59TH LYDIALANGELAMONTLAMPLIGHTMANCHESTERLANCASTERWEST LAKESHORELOCUST LARABEELINDEN KAHLER BAYLAMBERT54TH 63R D 64TH 62N D 65TH 94 KASSEL63RD 69TH KALIKAISERLARGEJASONLANSINGJA S O N LINWOOD58TH 67TH 61ST 67TH47TH 52ND 49THJANSEN53RDMARLOWE54TH 53RDKAHLER 52ND 62N D 53RD KAHLKALENDA51ST 53RD 47TH KALI LARGE48TH 56TH56TH 48THLANNONKALI60THLACHMANLANDERMACIVERLANNON 66TH KALLAND57TH KAGAN69TH 60TH 49T H 65TH50TH 61ST 37 MASO N 50T H 51ST 58T H KALENDA64TH 48T H 49TH 51STKALENDA LAKE67TH 55TH Existing Land Use 2012 Draft: March 20, 2012 Source: Wright County Parcel Data 0 0.50.25 Miles City Limit Boundary Railroad Wetland Overlay Medium Density Residential Low Density Residential High Density Residential Commercial Industrial Semi Public/Public Park/Open Space Agriculture/Vacant 11 -04,000 8,0002,000FeetSources: Northwest Associated Consultants, DNR, Wright County, City of Albertville.Note: For planning purposes only. January 18, 2010.City of AlbertvilleProposed Land Use PlanProposed Land Use PlanAgriculture/RuralLow Density ResidentialMedium Density ResidentialHigh Density ResidentialCommercialBusiness ParkIndustrialPublic/Semi-PublicPark/Open SpaceGolf CourseparcelsAlbertville City LimitsWaterMUDLAKESCHOOLLAKESWAMPLAKE12