Planning and Zoning Minutes

January 8, 2008
Albertville City Hall 7:00 PM

CALL TO ORDER – ROLL CALL

Vice-chair Kocon called the Albertville City Council meeting to order at 7:00 p.m.

PRESENT: Vice-chair Frank Kocon, Commission members Scott Dorenbush, and Denise Prow, Council liaison Dan Wagner, Assistant City Planner Cassie Schumacher-Georgopoulos, Zoning Administrator/Building Official Jon Sutherland, Assistant City Engineer Adam Nafstad, and City Clerk Bridget Miller

ABSENT: Chair Sharon Leintz and Commission member Dale Edgren

ADOPT AGENDA

MOTION BY Commission member Prow, seconded by Commission member Dorenbush to approve the agenda as amended, adding the 2008 Planning and Zoning Calendar of meetings, and on file in the office of the City Clerk. Motion carried unanimously.

MINUTES

MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve the November 13, 2007 regular Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously.

PUBLIC HEARINGS

PET NATION VETERINARY CLINIC – ORDINANCE NO. 2008-002 ENTITLED AN ORDINANCE AMENDING CHAPTER 4300.4 RELATING TO CONDITIONAL USES IN THE B-2 LIMITED BUSINESS DISTRICT ZONING TEXT AMENDMENT AND A CONDITIONAL USE PERMIT (CUP)

Vice-chair Kocon opened the public hearing at 7:03 p.m.
Assistant City Planner Schumacher-Georgopoulos reported that Pet Nation Veterinary clinic has applied for a zoning text amendment to allow for veterinary clinic in the B-2 Limited Business District as a Conditional Use Permit. The potential site Pet Nation has identified as a suitable location for a clinic is within the T-Square building at 5279 Kyler Avenue NE. The applicant chose the site due to the low volume of traffic and the green space that would be available. This is contrary to other sites throughout Albertville that allow veterinary clinics, which appear to have heavy levels of traffic and little green space. The text amendment would allow for veterinary clinics with no overnight care by a conditional use permit (CUP).

Assistant City Planner Schumacher-Georgopoulos touched on some of the conditions that would apply to the CUP within a B-2 Zoning District. One was the fact that if there is any outdoor exercise area must be fenced, must have a three-foot vegetative buffer, must be cleaned regularly, and no animal waste is allowed to enter any stormwater pond or storm sewer. Another condition that was brought up was the facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code.

Schumacher-Georgopoulos continued stating that the breakdown of the facility will consist of 1,500 square-feet. Within the 1,500 square foot space there will be a waiting room, two (2) exam rooms, a surgical room, an x-ray room and dental stations, along with cages for cats, dogs, and ICU area and isolation, and an indoor area for a dog run. The site and building plan that has been submitted for review does not show an outdoor area, which the applicant has expressed be added and will need to include on an updated plan. Schumacher-Georgopoulos noted that the parking are was designed to accommodate office parking, in which case the veterinary clinic has the same parking requirements.

Schumacher-Georgopoulos summarized that based on the information submitted by Pet Nation Veterinary Clinic; staff recommends approval of the Zoning Text Amendment to allow for veterinary clinics in a B-2 Limited Business District as a Conditional Use Permit, and the CUP for the veterinary clinic within the T-Square Building subject to the following condition:

1. If any outdoor area is proposed the applicant must present a revised Site and Building Plan showing the location of the area with the proper fencing and screening requirements.

Vice-chair Kocon asked if the Commission had any questions or concerns with the proposed Pet Nation Veterinary Clinic – Ordinance No. 2008-002 entitled an Ordinance Amending Chapter 4300.4 Relating to Conditional Uses in the B-2 Limited Business District Zoning Text Amendment and a Conditional Use Permit (CUP).

The members of the Commission had no additional concerns or questions regarding the Text Amendment to the B-2 Limited Business District to allow for a Veterinary Clinic with a CUP.

Vice-chair Kocon asked if there was anyone in the audience that wanted to share comments or concerns regarding the Pet Nation Veterinary Clinic – Ordinance No. 2008-002 entitled an Ordinance Amending Chapter 4300.4 Relating to Conditional Uses in the B-2 Limited Business District Zoning Text Amendment and a Conditional Use Permit (CUP).

There were no individuals in the audience that expressed concerns with the proposed Text Amendment and the CUP to allow a Veterinary Clinic in a B-2 Zoning District.

Vice-chair Kocon closed the public hearing at 7:15 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve Ordinance No. 2008-002 entitled an Ordinance Amending Chapter 4300.4 Relating to Conditional Uses in the B-2 Limited Business District that would amend the B-2 Limited Business District text within the 2005 Albertville Municipal City Code allowing a veterinary clinic by a conditional use; therefore approving the Conditional Use Permit (CUP) submitted by Pet Nation Veterinary Clinic for a veterinary clinic within the T-Square building with staff’s recommendation(s), with the removal of the portion in number three (3) under 4300.4 Conditional Use Permit that is “pursuant to Chapter 1346 of the Minnesota State Building Code”, and contingent upon City Council approval at the January 22, 2008 regular City Council meeting. Motion carried unanimously.

CEDAR CREEK GOLF COURSE PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT - SITE AND BUILDING PLAN REVIEW

Vice-chair Kocon opened the public hearing at 7:16 p.m.

Assistant City Planner Schumacher-Georgopoulos informed the Planning and Zoning Commission members that Chris Sauer, owner of the Cedar Creek Golf Course has submitted an application to expand the Clubhouse and the outdoor patio. Staff has reviewed the application and informed the applicant that when the Cedar Creek Golf Course Clubhouse was originally built with a Planned Unit Development (PUD) within the Cedar Creek South Development; therefore to allow the expansion would require an amendment to the PUD. The new expansion of the Clubhouse will add to the current banquet room and allow room to add two (2) golf simulators. The addition will be 2,872 square-feet and allow 124 occupants. Along with the addition to the banquet room, there will be a 1,030 square foot patio to allow for 69 occupants to the south side of the facility.

Schumacher-Georgopoulos stated that the proposed location of the expansion meets the requirements of the B-3 Zoning District; however it does not allow for outdoor dining. The applicant has not specified the use of the patio; therefore no outdoor dining shall be allowed on that portion of the expansion. Schumacher-Georgopoulos reviewed the existing plan that demonstrates 201 parking stalls for the golf course and Clubhouse. Staff noted that with the expansion on the building along with the existing conditions, it will require a total of 215 parking stalls meaning 14 stalls will need to be demonstrated on the Site and Building Plan. The site does provide an area for proof of parking for 36 stalls, which may suffice for the needed parking stalls should the Planning and Zoning Commission feel the stalls are necessary.

Schumacher-Georgopoulos went over the materials that are proposed for the expansion. According to the standards in the B-3 Zoning District that were adopted in 2003, it requires fifty percent (50%) of all exterior wall finishes must be constructed of materials containing only brick, dimension stone, glass, stucco and its replicas, woods, rock faced block, or aggregate pre-cast concrete panels. Since the facility was built in 1998, the applicant has proposed vinyl siding and manufactured stone to match the existing structure; however, only the west elevation meets the standards of the district with the combination of stone and glass. The east elevation has a three (3) foot stone base, while the north elevation is 100% vinyl siding. As the building stands today, it is a legal non-conforming use in regards to the building exterior materials. Schumacher-Georgopoulos reiterated that any expansion of the building must be modified to conform to the 2003 Building Materials standards.

In summary, Schumacher-Georgopoulos stated that many cities are faced with the concern of not being able to sustain their golf courses. The proposed plan submitted by Mr. Sauer for the expansion of the Cedar Creek Golf Course Clubhouse allows them the opportunity to continue to sustain the vitality of the business and keep a desired amenity within the Albertville city limits. Based upon the information submitted by the Cedar Creek Golf Course, staff recommends approval of the Planned Unit Development (PUD) Amendment and the Site and Building Plan Review for the expansion of the Clubhouse subject to the six (6) conditions found in the Planner’s report dated January 3, 2008 (NAC File: 163.06 – 07.30).

Assistant City Engineer Nafstad reported that the facility is currently serviced for water via a private well system. The nearest access point to hook-up to City water is across CSAH 18 (Jason Avenue NE). At this point, the City would not require the applicant to hook-up to City water; however may at a later point in time. Nafstad went on to report that the site would not require modifications of the drainage and or ponding as the site would be sufficient.

Building Official Sutherland brought to the Commission members’ attention the recently adopted 1306 Fire Code Section of the Minnesota State Statutes. With the expansion of the Clubhouse, staff will review the need to install a sprinkler system, which may require the applicant to hook-up to City water to accommodate the sprinkler system. Sutherland noted that it will be the Building Official and Fire Chief Mills responsibility to research the Mn State Statute 1306 Fire Code, and prepare a recommendation as to whether to require the building to be sprinklered.

Vice-chair Kocon asked if the Commission had any questions or concerns with the proposed Cedar Creek Golf Course Planned Unit Development (PUD) Amendment and the Site and Building Plan Review.

Commission member Dorenbush had concerns with the exterior building materials. Dorenbush felt the applicant should meet the current standards as far as the exterior materials go. Dorenbush stated that the City requires the other business owners to follow the requirements and so should the Cedar Creek Golf Course be required to meet the standards set by the City. Other Commission members had concerns with the overflow parking and if the applicant feels there will be sufficient parking available.

Vice-chair Kocon asked if there was anyone in the audience that wanted to share comments or concerns regarding the Cedar Creek Golf Course Planned Unit Development (PUD) Amendment and the Site and Building Plan Review.

Assistant City Planner Schumacher-Georgopoulos reported that the applicant was present in the audience to answer any additional questions or concerns of the Commission.

Chris Sauer demonstrated to the Planning and Zoning Commission members and the members of the audience the layout of the facility with the addition. Sauer shared that with the addition the Cedar Creek Golf Course Clubhouse will be able to keep the customers contained within the building during Golf Tournaments. At present, the Clubhouse rents tents to house the participants; therefore the addition will provide an upgrade to sheltering the customers and or participants that will be a more secure shelter. Sauer noted that the facility was built in 1998 and the exterior materials were to match or look similar to the homes that were built near it.

Mark and Denise Billstrom of 10391 Karston Avenue NE informed the Commission and staff that he received notice of the proposed expansion and asked if this was going to have an impact on his property taxes?

Staff reported that according to the Minnesota State Statutes, when there is an application submitted to a City for a Site and Building Plan Review, the City is required to send notices out to the 350 foot buffer of the proposed site. That is why you received the notice and as far as the effects on your property taxes, staff does not know and that you would need to contact the Wright County Assessors office who handles the property tax information for the City.

Jerry Hall of 5460 Jason Court NE reported that he was in favor of the expansion of the Clubhouse. Mr. Hall reminded the applicant and brought to the Commission and staff’s attention the fact that the homeowners near or around the clubhouse have covenants to abide by, which means the Clubhouse should also abide by those covenants that are in place.

The Commission and staff listened to the resident and responded by stating they will take that consideration into account with the recommendation.

Rose Lindberg-Maingi of 10366 Karston Avenue NE inquired about the location of the expansion, because she has the ability to see the new STMA Middle School and hopes the expansion will not block the view.

Staff reported that the expansion of the building should not block the view of the new STMA Middle School.

Vice-chair Kocon closed the public hearing at 8:02 p.m.

MOTION BY Commission member Prow, seconded by Commission member Dorenbush to approve the Cedar Creek Golf Course Planned Unit Development (PUD) Amendment and the Site and Building Plan Review submitted by Chris Sauer with staff’s six (6) recommendation(s), and contingent upon City Council approval at the January 22, 2008 regular City Council meeting. Motion carried unanimously.

TEMPORARY SIGN ORDINANCE AMENDMENT – ORDINANCE NO. 2008-003 ENTITLED AN ORDINANCE AMENDING TITLE 10, CHAPTER 7, SECTION 7 RELATED TO TEMPORARY SIGNS

Vice-chair Kocon opened the public hearing at 8:03 p.m.

Assistant City Planner Schumacher-Georgopoulos noted that as staff reviewed the 2005 Albertville Municipal City Code, they noticed that the Temporary Sign fee according to the City Code was different from what was actually being collected. After reviewing the pros and cons, staff is recommending amending the text to hold language generic in nature, which would allow the City to set the fee by Resolution instead of amending the City Code.

Vice-chair Kocon asked if the Commission had any questions or concerns with the proposed Temporary Sign Ordinance Amendment – Ordinance No. 2008-003 entitled an Ordinance Amending Title 10, Chapter 7, Section 7 Related to Temporary Signs.

The Commission members had no questions or concerns with the proposed Text Amendment that would set the fee for a Temporary Sign by Resolution.

Vice-chair Kocon asked if there was anyone in the audience that wanted to share comments or concerns regarding the Temporary Sign Ordinance Amendment – Ordinance No. 2008-003 entitled an Ordinance Amending Title 10, Chapter 7, Section 7 Related to Temporary Signs.

There were no members present in the audience to discuss the Text Amendment that would set the Temporary Sign fee by Resolution.

Vice-chair Kocon closed the public hearing at 8:04 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve Ordinance No. 2008-003 entitled an Ordinance Amending Title 10, Chapter 7, Section 7 Related to Temporary Signs within the 2005 Albertville Municipal City Code with staff’s recommendation and contingent upon City Council approval at the January 22, 2008 regular City Council meeting. Motion carried unanimously.

OTHER BUSINESS

APPOINT PLANNING AND ZONING COMMISSION CHAIR AND VICE-CHAIR

Vice-chair Kocon asked the Commission members to nominate a member to serve as Chair and Vice-chair for a one-year term that would expire December 31, 2008.

MOTION BY Commission member Prow, seconded by Commission member Dorenbush to elect Sharon Leintz to serve as Chair to the Albertville Planning and Zoning Commission, which is a one-year term that expires December 31, 2008. Motion carried unanimously.

MOTION BY Commission member Prow, seconded by Vice-chair Kocon to elect Scott Dorenbush to serve as Vice-chair to the Albertville Planning and Zoning Commission, which is a one-year term that expires December 31, 2008. Motion carried unanimously.

City Clerk Miller stated that Chair Leintz will be absent for the February and March Commission meetings. Commission member Prow informed the Commission that she will be absent for the February Commission meeting.

2008 PLANNING AND ZONING COMMISSION CALENDAR OF MEETINGS

City Clerk Miller informed the Commission members that there should be a 2008 Planning and Zoning Commission Calendar at each desk. Miller brought to the Commission’s attention the September and November Commission meetings were moved to Wednesday due to the Primary Election that is held in September and Veteran’s Day in November. Building Official Sutherland asked the Commission members to review the dates and let staff know if you have a conflict with any of the dates. It was encouraged that Commission members notify staff whether they will be absent for a Commission meeting.

The 2008 Planning and Zoning Commission Calendar of Meetings was accepted as presented by the Commission members present.

ADJOURNMENT

MOTION BY Commission member Prow, seconded by Commission member Dorenbush to adjourn the regular Planning and Zoning Commission meeting at 8:12 p.m. Motion carried unanimously.

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