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2017-02-14 PC Agenda Packet PLANNING COMMISSION MEETING Tuesday, February 14, 2017 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES November 8, 2016 Planning Commission Meeting (pages 1-4) 3. PUBLIC HEARINGS a. None. 4. OTHER BUSINESS a. Consider a Variance Request for Reduced Setbacks and Billboard Heights for Property at 11438 County Road 37 NE (pages 5-15) 5. ADJOURNMENT 1 ALBERTVILLE PLANNING COMMISSION TUESDAY, NOVEMBER 8, 2016 DRAFT MINUTES ALBERTVILLE CITY HALL 8:00 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Klecker called the meeting to order at 8:00 p.m. Brixius conducted roll call. Present: Chair Klecker and Commissioners Barthel, Edgren, and Brempell. Absent: Commissioners Dominick, Wegner, and Council Liaison Hudson. Other Staff Present: City Planner Alan Brixius. Brixius suggested moving other business prior to the public hearing. Motioned by Edgren, seconded by Barthel, to approve the agenda as amended as suggested by Alan Brixius. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Barthel, seconded by Edgren, to approve the September 13, 2016 Planning Commission meeting minutes. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. 3. OTHER BUSINESS A. Accorde Orthodontists – Site and Building Plan Review Accorde Orthodontist submitted an application for a building and site plan review of an orthodontist office building located at 10963 Jason Avenue NE. The site is zoned as B-2, Limited Business, and the clinical office businesses are an allowed use. In 2006, there was a PUD concept plan that was approved for the construction of the clinic. The site will share a drive way with the Albertville St. Michael Clinic, along with parking. They will also be expanding the parking lot around the 4,370 square foot proposed orthodontist building. Planning Commission Meeting Minutes Regular Meeting of November 08, 2016 2 Brixius explained the site plan exhibit. The setbacks illustrate that the proposed building is compliant with all required setbacks. The area and width of the lot both exceed the B-2 standard. There are cross easements that were established with the original PUD, to provide access internally to this property. The lot coverage being proposed is well under the maximum 80 percent. In regards to the drainage plan, Brixius is recommending approval of the grading, drainage and utility plans subject to what was originally approved as part of the PUD. This will be subject to our City Engineer. The general layout does not show an exterior trash enclosure, but it appears that they have a utility area inside the Southwest corner of the building with an overhead door which is where the trash receptacles will be located. Barthel asked why they would need it and Brixius informed him that it is by City Ordinance that all commercial areas if they are going to have an exterior trash it needs to be enclosed. Brixius did bring up a concern on the site plan, as to how they will be able to get trucks in and out of the parking area to access trash handling equipment. Brixius asked the applicant to address this concern on how it will be handled. Brixius is recommending the proposed signage be approved as part of a comprehensive sign plan. The total signage is less than what would be allowed. The site lighting meets our code requirements. Brixius has asked the applicant to provide additional information on cut sheets of the exterior light fixtures, and that they will meet the requirement of the 90-degree cut-off. The applicant shall also clarify that there is no lighting being proposed to be attached to the building. Klecker was concerned about light glare towards the traffic on Jason Avenue NE, and Brixius confirmed that is why all lighting should be hooded. Brixius commented on how well the applicant has done on the site design and it is consistent on what was approved previously. Brixius’ comments revolve around the landscape plan. He would like the landscaping along the West edge of the parking, identified as Chinese Silver Grass, to be an alternative shrub rather than a grass. The second issue is sodded areas, along with an area designated for a mix of natural seeds and wild flowers. This is a topic that the applicant will address. Brixius’ recommendation is that this all be a manicured lawn rather than a natural because this is part of a larger PUD and there would be continuity between this site and the clinic as far as appearance. If the City is open to the natural grass and wild flowers concept, we would need to look more into a maintenance and management plan on how they will be cared for. Based on the review, Brixius recommends approval for the proposed site and building plans based on the following conditions: 1. The applicant to show how truck movements will be able to successfully maneuver for garbage collection and deliveries received by the clinic. 2. The landscape plan be revised to address the following: Planning Commission Meeting Minutes Regular Meeting of November 08, 2016 3 a. Replace grasses with shrubs along the west side of the parking lot to screen the cars and headlights. b. Replace native grass with sod to maintain continuity with the existing medical clinic site. 3. Subject to the City engineer comments in regards to grading, drainage, SWPPP Plan, and utilities. 4. The applicant to submit cut sheets illustrating all exterior light fixtures to show a 90 degree cut off with a shielded light source. 5. Approval of the comprehensive sign plan to allow three wall signs per the building elevations. To comment on the natural grass and wild flowers, Chet Masserano explained that this is to have more of a sustainable landscaping. It reduces water use, fossil fuel use, application of herbicides and also saves the client money in irrigation and lawn mowing. Masserano said that he will submit the cut sheet lighting requirements by end of week. Regarding the garbage removal, the general contractor did contact a couple sanitation companies to try maneuvering and was informed that there will be no problem. Mark Dale introduced himself as one of three of the orthodontists that will be working at this new site. Roger Swagger introduced himself as the general contractor working on this project. Swagger commented on contacting the sanitation companies in regards to this site, and he informed that there will be no issues with the truck deliveries or garbage haulers coming in and out. Swagger did want to make an additional comment to add some down lighting or some security lighting around the exterior of the building on the final plans to help with the traffic coming in and out. Motioned by Edgren, seconded by Barthel, to approve the Accorde Orthodontists Site and Building Plan Review with the Recommended Conditions Outlined. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. 4. PUBLIC HEARINGS: A. Public Hearing to Consider a Zoning Text Amendment Repealing Section 1000.4.B.5, Design Standards/Covenants and Amending Section 1000.4.H to Add Review Criteria to the Conditional Use Standards for Oversized Accessory Buildings Brixius explained the zoning provisions of the Design Standards/Covenants: “5. Design Standards/Covenants: These accessory building performance standards are applicable for all single-family lots in the city, provided however, that these standards shall not be permitted where these design standards will supersede design standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/design standards with the submission of a building permit for an accessory building.” Planning Commission Meeting Minutes Regular Meeting of November 08, 2016 4 Brixius recommends amending the Zoning Ordinance. Section 1 repeals Section 1000.4.B.5 entirely so we do not enforce covenants. Section 2 improves the criteria for considering conditional use permits for oversized accessory buildings. Motioned by Klecker, seconded by Barthel, to open the Public Hearing. Ayes: Klecker, Barthel, Edgren, Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Barthel, seconded by Edgren, to close the Public Hearing. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. Motioned by Edgren, seconded by Brempell, to approve Zoning Text Amendment Repealing Section 1000.4.B.5, Design Standards/Covenants and Amending Section 1000.4.H to Add Review Criteria to the Conditional Use Standards for Oversized Accessory Buildings. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. 5. ADJOURNMENT Motioned by Barthel, seconded by Edgren, to adjourn the meeting at 8:45pm. Ayes: Klecker, Barthel, Edgren, and Brempell. Nays: None. Absent: Dominick, Wegner, and Hudson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Maeghan M. Becker, Building Permit Technician 5 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: February 9, 2017 RE: Albertville – Franklin Outdoor Advertising Billboard Variances: Setbacks and Height FILE NO: 163.06 – 17.01 BACKGROUND Currently, Franklin Outdoor Advertising owns a legal conforming billboard on property located at 6045 Large Avenue (PID 101500364301) (see Exhibit A). Franklin Outdoor Advertising is proposing to remove this billboard with the intention of relocating it to the west at 11438 County Road 37 NE (PID 101014003060). The proposed new site presents a unique triangular configuration that presents some practical difficulties in the placement and visibility of a billboard. To address these issues, Franklin Outdoor Advertising is requesting variances from the Sign Code required setbacks and height. Attached for reference: Exhibit A: Albertville Billboard Study Exhibit B: Applicant Letter Exhibit C: Site Plan Setback Comparison Exhibit D: Site Plan Exhibit E: Sign Elevation ISSUES AND ANALYSIS Albertville currently has 29 billboards within the community, most of which are legal non- conforming based on the 1,000 foot spacing standard that the City now applies. This leaves a limited number of locations for new billboards (see Exhibit A). 6 With the removal of Billboard S on Exhibit A, the proposed site becomes eligible for a new billboard providing over 1,000 feet of separation between the new Nelson billboard behind Space Aliens and Billboard V on Exhibit A. The proposed site (PID 101104003060) is a .55 acre triangular lot owned by George and Theresa Berning. The triangular configuration and limited lot area of the site complicates its future development as an independent lot separate from the property to the east. The applicant illustrates in Exhibit B a billboard placement that meets the required setbacks, however at this location, visibility is obstructed and the sign will become an obstacle for any future use of the property. VARIANCE CRITERIA Section 10-7-7.A of the Albertville Sign Code regulates billboards. The applicant will comply with each of the billboard standards but is requesting a variance from the following setbacks: Setbacks. Billboards shall comply with minimum principal building setback requirements of the applicable zoning district. The site is zoned B-3, Highway Commercial District which has the following setbacks: Required Proposed Front Yard (South) 35 feet 2 feet Rear Yard (North) 20 feet 2 feet Side Yard (East/West) 20 feet 160/190 feet Sign Height. The maximum height of any billboard shall be 30 feet from the ground. The applicant has requested a reduced setback and additional sign height (35 feet) as a means of preserving the future usable portions of the site and provide sign visibility. In 2011, the State changed regulations for the consideration of a variance. In evaluating the following criteria, we present findings that both support and argue against the variance. The Planning Commission and City Council will weight this analysis and make a final decision on the application. A. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The applicant’s site plan illustrates a billboard that complies with the district setbacks. At this location, the sign visibility is obscured by the Don’s Auto Body building and gas canopy. This location also interferes with future development potential of the limited buildable area of this lot. In pursuing a sign location to the west and the setback variance, the proposed sign preserves the limited buildable use of the property for future use and gives the site some reasonable use of the property in the interim. This is consistent with the following findings: 7 1. The site is guided for commercial land use and is zoned B-3, Highway Commercial District. Both commercial land uses and billboards are permitted within the zoning district. 2. The Albertville 2012 Vision Study guides this site for commercial land use. The plan policies specifically promote commercial development in locations guided for commercial land use. The Vision Study also stipulates that the City will maintain its current planned commercial and industrial land use pattern. With regard to these policies and the Albertville Comprehensive Plan, the preservation of the lot for additional future commercial development is consistent with City goals. 3. With the removal of the Franklin Outdoor Advertising billboard from 6045 Large Avenue, the proposed site meets the 1,000 foot spacing requirements between billboards on the same side of the freeway, making this a billboard eligible site. 4. The additional five foot sign height is needed to provide visual clearance of the site over existing and future buildings along County Road 37 NE. B. The plight of the property owner is due to circumstances unique to the property and not created by the property owner. The practical difficulty in locating the site is due to the unique physical configuration of the site. This physical configuration limits the buildable area of the property. The requested variance places the sign in a reasonable location that will allow some future additional use of the property. This physical condition was not created by the property owner, rather it is a result of the County Road 37 alignment. C. The variance will not alter the essential character of the locality. Staff finds that granting of the requested variance will not alter the essential character of the locality with the following findings: 1. The site is zoned B-3, Highway Commercial District which by ordinance is a site eligible for a billboard. 2. This is a relocation of an existing billboard, not a new construction. With the removal of the existing Franklin billboard at 6045 Large Avenue, this site meets the 1,000 foot spacing requirement between billboards on the same side of the freeway. 3. The variance requests for setbacks and height are to place the billboard in a manner that is the least disruptive to the site and preserving future use of the property. 8 4. The reduced setback to the freeway is in character with the setback with Don’s Auto Body and auto parts store, which have 12 feet and 0 feet, respectively. 5. The billboard pole location meets the B-3 setback – the sign face needs the setback variance. In this case with the sign height variance, the sign will have 19 feet of vertical clearance with both north and south lot lines. Additional variance findings include: 1. The variance will not impair an adequate supply of light or air to adjacent property. Comment: This site offers a somewhat isolated location. This site with the taller billboard will not impair the passage of light or air to adjoining properties. 2. The variance will not unreasonably increase traffic congestion on public streets. Comment: The sign will not add significant traffic to adjoining streets. Future commercial development was always anticipated for the lot. Local and County roads serving this site have the capacity to accommodate a commercial development of this size. 3. The variance will not diminish property values. Comment: The site is zoned B-3, Highway Commercial. Billboards are permitted uses. The location of the site and sign will not result in significant impacts on the adjacent properties. 4. The variance will not violate the intent and purpose of the Comprehensive Plan. Comment: The Albertville Vision Study promotes economic development, infill of commercial properties, and maintaining its current commercial land use patterns. In this respect, preserving the site for future commercial development would be consistent with Albertville’s Comprehensive Plan policies. 5. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance, or deny the applicant the ability to put the property in question to a reasonable use. Comment: With the removal of the billboard at 6045 Large Avenue, the proposed site becomes an eligible billboard site related to zoning and spacing. Variances to setback and height are due to practical physical difficulties unique specifically to this lot. Under similar circumstances, the City will evaluate future variance requests on their merit and in accordance with City variance criteria. 9 6. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Comment: The subject site is unique in its size, its triangular configuration, and its eligibility for a billboard. In this respect, other properties will not be faced with the same opportunities or practical difficulties. The approval of the variance, if found to be reasonable, would not confer the applicant with special privileges. CONCLUSION Based on the preceding evaluation and findings, staff recommends approval of the variance request allowing a two foot setback from the north and south property lines for a billboard on parcel PID 101014003060 and a billboard height not to exceed 35 feet with the following findings: 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within this district. 2. The site meets the spacing standards of the Albertville Sign Code to be eligible for the construction of a new billboard. 3. The requested height variance is necessary to allow the site to accommodate the approved billboard. The preservation of the site for a future building is consistent with Albertville’s 2012 Vision Study goals and policies including: a. Maintain its current planned commercial and industrial land use patterns and zoning. b. Promote commercial development by the City to take advantage of its access to I-94 and the growing population of Albertville and adjoining communities. c. Be patient with infill development to ensure proper access, quality site design, and quality architecture. 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: a. The billboard location meets the required B-3 setbacks and proposed sign location will not interfere with the current operation and future use of the lot. b. The lot size and triangular configuration is a physical practical difficulty not created by the property owner that complicates the location of the billboard. 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. 10 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. 8. The variances are necessary for reasonable use of the property. Variance approval shall be with the following conditions: A. The existing Franklin Outdoor Advertising billboard at 6045 Large Avenue shall be removed prior to construction of the new billboard. B. The billboard design shall comply with all Albertville Sign Code standards not covered by the variances. This will require the vertical pole to be concealed with architectural embellishments consisting of stone, brick, masonry panels, or synthetic panels that replicate stone, brick or stucco. Said embellishments shall cover a minimum of 80% of the exterior faces on all sides of the support structure. C. The applicant shall submit plans to receive a sign permit and building permit for the billboard. c: Maeghan Becker Paul Heins Mike Couri Keith Franklin (kfranklin@franklinoutdoor.com) Steve Anderson (sanderson@franklinoutdoor.com) Z 0 1,000 2,000 3,000 4,000500Feet Albertville Billboard Study A B C D E F G H I J K ML N O P Q R S T U V W X Y AA BB / Prolongation of the normal ROW Adjacent Area: A strip of land 100 ft in width immediately adjacent to and along and parallel to the right of way, except for off ramps, takeoff ditches of similar areas where the area shall be measuredfrom the prolongation of the normal right of way. Source: Wright County, DNR, & Northwest Associated Consultants. Date: October 2, 2014.Note: For planning purposes only. 400 ft. buffer from center median Questionable 1,000 ft spacing City Limits Parcels 1,000 ft spacing EXHIBIT A11EXHIBIT A EXHIBIT B12EXHIBIT A EXHIBIT C13EXHIBIT A EXHIBIT D14EXHIBIT A EXHIBIT E15EXHIBIT A