Albertville, Minnesota

Planning and Zoning Minutes

August 12, 2008
Albertville City Hall 7:00 PM

CALL TO ORDER – ROLL CALL

Chair Leintz called the Albertville City Council meeting to order at 7:00 p.m.

PRESENT: Chair Sharon Leintz, Commission member Dale Edgren, Scott Dorenbush, Denise Prow, and Frank Kocon, Council liaison Dan Wagner, City Planner Al Brixius, Zoning Administrator/Building Official Jon Sutherland, and City Clerk Bridget Miller

ABSENT: none

ADOPT AGENDA

Chair Leintz asked if there were any changes, additions, or deletions from the August 12, 2008 Planning and Zoning Commission agenda.

MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to approve the 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

Chair Leintz asked if there were any changes, additions, or deletions on the Tuesday, July 8, 2008 regular Planning and Zoning Commission minutes.

MOTION BY Commission member Edgren, seconded by Commission member Kocon to approve the Tuesday, July 8, 2008 regular Planning and Zoning Commission minutes as presented, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

PUBLIC HEARINGS

Aprove Parkside Commercial Center to Re-Zong from B2-A Special Business District - Conditional Use Permit (CUP) to a B2-A with a Planned Unit Development (PUD) Zoning within the Albertville City Limits

Chair Leintz opened the public hearing at 7:03 p.m.

City Planner Brixius reported that Trident Development, on behalf of Merlin Bird Properties, LLC has applied for a change of zoning for Parkside Commercial Center, located west of CSAH 19 and north of 57th Street NE (10900 to 11004 57th Street NE). Brixius went on to report that the subject property, Parkside Commercial Center, received Conditional Use Permit/Planned Unit Development (CUP/PUD) along with Site and Building Plan Review approval on May 16, 2005 for three office buildings. At such time, the Zoning Ordinance allowed for Commercial PUDs in the B-2A Special Zoning District through a CUP process and subject to the requirements of Section 2700 of the Zoning Ordinance. Since then the CUP/PUD was repealed in favor of a PUD Zoning District.

In 2005, the applicant’s intention for the site was for an office condominium, which the developer proposed that the building be managed through an office condominium arrangement. The adjoining residential land uses were taken into account, which staffs comments emphasized the need to buffer the neighborhoods from the commercial activities through building design, building orientation, parking arrangements, and landscaping. To ensure that no other high volume retail type of use that may impact the overall site, staff suggested that the City may wish to restrict the type of uses within the CUP/PUD to professional office uses, clinics, or personal or on-site services. Currently, the property contains one, single-story office building, which is 14, 830 square-feet in size and one continues asphalt parking lot with 162 parking stalls.

Brixius pointed out that since the approval in 2005 an amendment to the Zoning Ordinance was made, which no longer allows for CUP/PUDs. Therefore, the applicant can not simply apply for an amendment to the CUP/PUD. Instead, the City recommended that the applicant submit a Developer’s Application to rezone the property to Planned Unit Development (PUD). Brixius explained that if the Developer rezoned the property to PUD would establish the site as a Planned Unit Development District, which is conforming to the existing 2005 Albertville Municipal City Code Zoning Section and would allow the applicant to establish a wider variety of allowed uses within the site.

Merlin Bird Properties, LLC followed staff’s recommendation and has requested to broaden the range of land uses allowed in the Parkside Commercial Center. Besides the already approved uses in the Conditional Use Permit (CUP), the applicant is proposing to allow additional specific uses in each individual building in the Parkside Commercial Center Development.

Staff commented that allowing additional uses brings up questions, concerns, and potential effects on the area, which staff shall address in the Planning Report dated August 7, 2008 that was included in the August 12, 2008 Planning and Zoning Commission packet. The seven uses listed in the report are: 1. Animal Veterinary Clinics; 2. Government and Public Related Office Use; 3. Service Business Uses (on-site services only); 4. Assembly Use; 5. Retail; 6. Bakery Good and Baking of Goods for Retail Sales on Premises; 7. Convenience Food. Brixius brought to the Commission’s attention the land use the applicant is looking for approval of is item no. 4. Assembly Use, which is to accommodate the New Horizon Church as a lessee within one of the buildings.

Brixius informed the Commission that during a discussion with the applicant, staff expressed the following concerns for large assembly uses: traffic, site access and egress, proper parking of the entire missed use PUS, concerns for outdoor issues (loitering or outdoor events) related to the proximity to the residential neighborhoods, and size of potential assembly use.

In response to staff’s concerns, the applicant has provided conditions to mitigate the aforementioned issues:

a. Leasehold occupancy only. This provision avoids the issue of ownership and outgrowing the assembly capacity of the location. It provides some ease in the relocation of the use.

b. Assembly Use floor area shall not exceed 1,500 square feet. This is to limit the size of the assembly facility to avoid overwhelming the site. The Planning Commission should discuss the size. Staff would also recommend that the Assembly Use be accessory to office uses leased on the site. With this condition, we may avoid such uses as banquet halls or conference centers that are more transient type uses.

c. No planned outdoor activities. This is intended to insure all assembly events must occur within the building. An issue raised related to New Horizon’s evening bible studies is the potential for group loitering outside the building while waiting for rides home. We would suggest removing the word “planned” from the criteria.

d. Satisfactory arrangements for parking are provided. This standard is intended to limit the size, number, or timing of assembly land uses or events at the Parkside Commercial lot. This site was approved based on office land uses and large Assembly Uses that would conflict with other businesses within the site by creating traffic/parking concerns that would not be acceptable.

To better clarify this suggested condition, staff would recommend that it read as follows: The Assembly Use shall not conflict or result in a parking shortage within the PUD site per the Albertville parking requirements.

If Assembly Uses are determined to be acceptable, the PUD agreement should include the following definition: “Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling.”
Brixius reported that neighboring property owners have voiced concerns over the maintenance and upkeep of the existing site; therefore the expansion of uses must be sensitive to the compatibility concerns of the neighborhood.

Brixius concluded by stating if the Planning and Zoning Commission finds that the proposed change of zone and additional uses (as outlined in the above-referenced table) are generally consistent with the Zoning Ordinance, then staff recommends that the Planning Commission recommend approval of the rezoning of Parkside Commercial Center and that the following conditions be required as part of the approval:

1. Landscape improvements must be installed according to the approved landscape plan and completed prior to release of any letter of credit.

2. The Animal veterinary clinics shall be allowed in all three buildings and shall read as follows: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance.

3. The specific service business uses (on-site services only) allowed within each building shall be listed, instead of allowing on-site service businesses in general, and subject to review and approval of the City.

4. A definition of Assembly Use shall be added to the PUD agreement: “Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling.”

5. Assembly uses shall be subject to a Conditional Use Permit approval obtained prior to occupancy for Buildings no. 10904 and no. 10900; provided the following conditions are met:

a. Leasehold occupancy only;
b. Assembly use shall be accessory to a permitted office use;
c. Assembly use floor area not to exceed 1,500 square feet;
d. No outdoor activities allowed; and
e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements.

6. The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Retail uses shall be subject to a site and building plan approval obtained prior to occupancy for the no. 11004 Building.

7. The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Bakery goods and baking of goods for retail sales on premises shall be subject to a site and building plan approval obtained prior to occupancy for the #11004 Building.

8. If the Planning Commission and City Council finds convenience foods acceptable for Building no. 11004, staff recommends that it be processed as a conditional use permit within the B-2A Zoning District.

9. The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City Attorney.

10. The Developer’s Agreement shall be revised as needed and shall be subject to the review and approval of the City Attorney.

Proposed Uses for Parkside Commercial Center Buildings:
(As proposed by Applicant with Staff’s Recommendations)
No. 10904 57th Ave NE No. 10900 57th Ave NE No. 11004 57th Ave NE
Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300 Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300 Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300
Government and public related office use Government and public related office use Government and public related office use
Service business
• On-site service only
• List the specific service businesses allowed Service business
• On-site service only
• List the specific service businesses allowed
-OR-
• Allow through Conditional Use Permit approval Service business
• On site services only
• List the specific service businesses allowed
-OR-
• Allow through Conditional Use Permit approval
Assembly Use
• Leasehold occupancy only
• Assembly use floor area not to exceed 1,500 square feet
• No planned outdoor activities allowed
• Satisfactory arrangement for parking are provided
• Add a definition of Assembly Use to Zoning Ordinance Assembly Use
• Leasehold occupancy only
• Assembly use floor area not to exceed 1,500 square feet
• No planned outdoor activities allowed
• Satisfactory arrangement for parking are provided
• Add a definition of Assembly Use to Zoning Ordinance Convenience food
• Must obtain Conditional Use Permit prior to occupancy
Bakery goods and baking of goods for retail sales on premises
Subject to approval
Retail
Subject to site and building plan approval

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of the Parkside Commercial Center to Re-zone from B2-A Special Business District-Conditional Use Permit (CUP) to a B2-A with a Planned Unit Development (PUD) Zoning within the Albertville city limits.

Commission members had concerns with the entrance or exit to the site as there is a fair amount of traffic already and how will the proposed PUD affect the traffic flow to and from the site. Commission members had an issue with other activities that may potential take place within the site should they approve the PUD.

Roger Fink of Trident Development, LLC represented and spoke on behalf of the applicant known as Merlin Bird Properties, LLC. Mr. Fink explained that New Horizon Church has informed staff and himself that there are services on Sunday mornings at 8:30 a.m. and 12:00 p.m. generates about fourteen (14) cars and Wednesday evenings from 6:00 p.m. to 8:30 p.m. that generates two (2) cars. In addition to the Sunday morning services, there is a Sunday evening meeting that generates two (2) cars. Above and beyond the Sunday and Wednesday events, there is a monthly leadership meeting that generates one (1) car. Holidays or other special occasions would create additional vehicles in the parking lot, which is unknown how many at this point.

Mr. Fink reiterated by demonstrating how many cars would occupy the parking lot. Fink displayed a site layout with the current maximum cars of 14, and then displayed a second site layout with the potential expansion to double the number of members.

Commission members questioned the timing of the construction of the second building and when would the landscaping be completed. Members continued to have concerns with the amount of cars and the occupancy load or potential traffic. In addition to the construction of the second building and traffic, the Commission expressed concern with the current site conditions that include the status of the landscaping, which was part of the original May 2005 approval.

Assistant City Engineer Nafstad addressed the traffic concerns, noting that there is peak traffic almost everywhere. Nafstad reported that New Horizon Church would compliment the site.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Parkside Commercial Center to Re-zone from B2-A Special Business District-Conditional Use Permit (CUP) to a B2-A with a Planned Unit Development (PUD) Zoning within the Albertville city limits.

There were no testimonies taken from residents in the audience.

Chair Leintz closed the public hearing at 8:06 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to approve the Parkside Commercial Center to Re-zone from B2-A Special Business District -Conditional Use Permit (CUP) to a B2-A with a Planned Unit Development (PUD) Zoning within the Albertville city limits with staff’s and Planning and Zoning Commission members recommendations as follows:

The lot shall be rezoned from B-2A, Special Business District, to Planned Unit Development (PUD) District, in order to expand the permitted uses on the site, and subject to the following conditions:

1. All site developments shall be consistent with approved plans for Parkside Commercial Center dated March 15, 2005 and the conditions of City Council approval for said development dated May 16, 2005.

2. The following landscape improvements shall be completed in accordance with the approved Landscape Plan prior to the issuance of any new occupancy permit for the existing building:

a. All dead plantings shall be replaced over the entire site.
b. The lawn around building no. 10904 57th Street NE shall be free of invasive weeds.
c. The construction debris located south of the existing building shall be cleaned up and removed from the site.
d. Applicant shall install the full double row of coniferous trees for the full length of the western property line per the approved Landscape Plan.
e. The area surrounding the trash enclosure shall be graded and finished with either a retaining wall, landscaping, and/or a maintainable landscaped ground cover to a finished condition.
f. Applicant shall install four deciduous trees along 57th Street NE per the approved Landscape Plan.
g. The undeveloped areas of the site shall be reseeded and maintained to control weeds.
h. The trash enclosure shall be repaired.

3. The permitted uses allowed by this rezoning to PUD, Planned Unit Development, are in addition to the original permitted uses (Exhibit A).

4. The Animal Veterinary Clinics shall be allowed in all three buildings (no.10904, no.10900, and no.11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance.

5. The Government and Public-Related Office Uses shall be allowed in all three buildings (no.10904, no.10900, and no.11004).

6. The Service Business Uses (on-site services only) shall be allowed in all three buildings (no.10904, no.10900, and no. 11004) and shall be limited to the approved (and excluded) list of on-site service businesses, attached as Exhibit B.

7. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings no.10904 and no.10900, provided the following conditions are met:

a. Leasehold occupancy only;
b. Assembly use shall be accessory to a permitted office use;
c. Assembly use floor area not to exceed 1,500 square feet per building;
d. No outdoor activities allowed; and
e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements.

8. A definition of Assembly Use shall be added to the PUD agreement: Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling.

9. The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City Attorney.

10. The Developer’s Agreement shall be revised as needed and shall be subject to the review and approval of the City Attorney.

and; contingent upon City Council approval at the September 2, 2008 regular City Council meeting or a meeting soon thereafter, at which time an Ordinance will be presented. Motion carried unanimously.

Approve Niemeyer Properties (Niemeyer Trailer Sales) to Re-zone from I-1 Industrial District to B-W Highway Commercial with a Conditional Use Permit (CUP) that will include Approval of a Preliminary and Final Plat

Chair Leintz opened the public hearing at 8:21 p.m.

City Planner Brixius began by stating that Niemeyer Properties LLC has submitted an application for a rezoning, a preliminary and final plat, a conditional use permit, and site and building plan review for the property located at 10172 65th St NE, Albertville, MN. The property is located south of Burlington Northern Railroad right-of-way, north of 65th Street NE (CSAH 37), and east of Kadler Avenue NE. The project was presented to both the Planning and Zoning Commission and City Council in a concept form in January of 2007.

Brixius went on to report that the applicant has applied for a preliminary and final plat known as Niemeyer Trailer Sales, and shall include Lots 1, 2, 3, and Outlot A, Block 1. The property is currently zoned I-1, Limited Industrial, and the request is to rezone the property to PUD, Planned Unit Development with BW, Business Warehouse District, standards. The conditional use permit requests are for 1) motor vehicle sales, leasing/rental, service and repair and for 2) outside storage.

The submitted Preliminary Plat (sheet C1.2 of the August 12, 2008 Planning Commission packet) indicates that the Niemeyer Trailer Sales plat shall include Lots 1, 2, and 3 of Block 1. Lot 3 shall contain Niemeyer Trailer Sales and is the subject property of the requested conditional use permits for outdoor sales and outdoor storage. The applicant has communicated with staff that the Preliminary Plat illustrates the possibility of three (3) lots, but he may decide to combine Lots 1 and 2 into one (1) lot at a later date.

According to the plans submitted, Lots 1 and 2 do not contain public right-of-way frontage; they contain frontage on the private street (Outlot A). According to the Subdivision Ordinance (11-7-5.E,), every lot must have the minimum frontage on a city approved public street other than an alley, as required in the city zoning ordinance. Outlot A is currently being proposed as a private street, thus the need for a Planned Unit Development. According to 11-7-6.K, private streets and reserve strips, except in the case of planned unit developments, shall be prohibited, and no public improvements shall be approved for any private street. When the City deems it appropriate, this street shall be dedicated as a public right-of-way. The setbacks and site coverage information for Lots 1 and 2 shall be reviewed when a building permit comes forward.
Once the private street is dedicate to the City as a public right-of-way, Lots 1, 2, and 3 will have frontage on that public street. The current lot widths of Lot 1 (111 ft) and Lot 2 (130 ft) will meet the minimum lot width of at least 100 feet when the street is dedicated to a public right-of-way. The proposed cul-de-sac meets the requirements of Section 11-7-6-1 in length and radius regulations.
Brixius reported that staff suggests the Planning and Zoning Commission recommend approval of the Preliminary and Final Plat, known as Niemeyer Trailer Sales, based on the finding that the proposed plat meets all required subdivision standards and zoning standards of the B-W Zoning District, and subject to the following conditions:

1. The first curb cut access shall be shifted to the north in order to meet the required 40 foot setback from the intersection of the lot lines.

2. The applicant shall give a cash contribution in lieu of land dedication to the City (11-2-7A5). The amount of any required cash contribution shall be calculated based upon rates established by the city and in effect as of the date of the release of the final plat for filing (11-7-8-2.A.1).

3. The applicant shall make an escrow deposit or provide a certified check or irrevocable letter of credit as determined by the city attorney, city engineer, and city administrator. The escrow deposit, certified check or irrevocable letter of credit shall conform to the requirements of Section 11-9-5.

4. Prior to submission of the final plat to the City Council, the applicant shall determine the size and configuration of Lots 1 and 2 and make any necessary changes to the plat.

5. Prior to approval of a final plat, the applicant shall have executed a Developer’s Agreement with the City controlling the installation of all required improvements. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations.

6. The applicant, as a condition of approval, shall record the final plat with the County Registrar of Titles within one hundred twenty (120) days, or the approved final plat shall be considered void.

7. When the City deems it appropriate, the private street will be dedicated as a public right-of-way.

Change of Zoning. Staff recommends the Planning and Zoning Commission recommend approval of the rezoning request from I-1 District to PUD/B-W, based on the following findings: the proposed action is in compliance with the Comprehensive Plan; the proposed uses are compatible with present and future land uses of the area; the uses conform with the performance standards of the Ordinance; the uses will not tend to or actually depreciate the area in which it is proposed; the uses can be accommodated with existing public services and will not overburden the city's service capacity; and the expected traffic generated is within the capabilities of streets serving the property.

Conditional Use Permits. Staff recommends the Planning and Zoning Commission recommend approval of the conditional use permit requests for motor vehicle sales, leasing/rental, service and repair and outside storage, based on finding that the proposed uses meet the required zoning standards, such as minimum lot area, building locations, setbacks, and so on, and subject to the following conditions:

1. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicle parts and the like shall be contained within a specifically defined area of the site no greater than ten percent (10%) of the total site area.

2. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.

3. If any additional area is to be used for outdoor sales, it shall be designated prior to City Council approval; otherwise the applicant shall be restricted to the 5,600 square foot area that has been designated on the site plan.

4. The required off-street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use.

5. The proposed grading and drainage system shall be subject to the review and approval of the City Engineer.

6. If additional lighting is proposed for the outdoor sales area, customer parking area, or any other location, an updated Lighting Plan shall be submitted.

7. All lighting shall be hooded - ninety degree (90°) cutoff lighting that directs lighting downward away from the public rights of way and so that no light or glare shines on adjacent property, buildings or structures.

8. The Landscape Plan shall be updated to include the following: the Black Hills Spruce Trees shall be increased to 6 to 8 feet in height; the Black Hills Spruce Trees shall be relocated to the north sides of the swales, starting at the edge of the bituminous surface with a 35 foot spacing and continuing north directly between the gravel surface and the stormwater pond; an approved species of wetlands shrub (i.e., dogwoods) shall be staggered with the Black Hills Spruce Trees on the south side of the swales and continuing north between the gravel surface and the stormwater pond; the proposed Fat Albert Spruce Trees on the east side of the bituminous surface shall be increased to 6 to 8 feet in height; the Plant Schedule Table shall be updated to include the quantities of plantings proposed; and a Landscape Guarantee shall be provided by the applicant.

9. The periphery of the fence (along the railroad property line and Lot 2 property line) shall be planted to break up the horizontal massing of the fence. Staff recommended clusters of three (3) coniferous trees, at a minimum of 6 feet tall, spaced at 30 foot intervals.

10. The building shall be shifted slightly to the north to meet the Parking requirements. The building shall also be shifted to the east in order to provide for two rows of 20 foot long 90 degree parking stalls and one 24 foot wide parking aisle (64 feet in total), in order to meet the remaining required 25 parking stalls.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval Niemeyer Properties (Niemeyer Trailer Sales) to Re-zone from I-1 Industrial District to B-W Highway Commercial with a Conditional Use Permit (CUP) that will include Approval of a Preliminary and Final Plat.

There was a concern with the placement and height of the fence along the rear of the site abutting I-94. Another concern was the signage; it appears no plans have been submitted with the application.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval Niemeyer Properties (Niemeyer Trailer Sales) to Re-zone from I-1 Industrial District to B-W Highway Commercial with a Conditional Use Permit (CUP) that will include Approval of a Preliminary and Final Plat.

Tim Niemeyer with Niemeyer Trailer Sales commented that he would like to start moving dire in mid to late September 2008, anticipating opening the business in late 2009. Niemeyer reiterated that the planning for the site began in January 2007, so it has been a long thought out process.

Ellen Miller of 6593 Kadler Avenue NE brought up too the fact that it has been a long process. Ms. Miller wanted to make sure that the Commission and staff knew that she has no intentions of developing her property, which abuts the Niemeyer Property. Ms. Miller inquired about how the city will be bonding to bring sewer and water to the property. Miller questioned the undeveloped lot and whether it should be one or two lots. Miller encouraged the Commission members to consider approving the development of the empty lots in coordination with potential development of her lots, which abuts the empty lots. Ms. Miller again wanted to make sure that the access to the site (private road) remains contained within the site. Last area Miller brought up was a number of businesses along the I-94 corridor from Maple Grove to Albertville that are vacant or business is slow.

Staff responded to Ms. Miller’s comment regarding the sewer and water connection, stating that it will be bonded by the City. It is not in place now, but will be as the process continues. Staff reported that no right-of-way or easements are being sought from the Miller’s at this time. Drainage has been an issue, which staff has been working diligently on correcting some unforeseen earth movement that occurred a few years ago. The Miller’s are not required, at this time, to hook up to City utilities. It is correct that the County is allowing the access to line up with Karston Avenue NE, which is located across CSAH 37 from the site.

Chair Leintz closed the public hearing at 9:03 p.m.

MOTION BY Commission member Kocon, seconded by Commission member Prow to approve Niemeyer Properties (Niemeyer Trailer Sales) to Re-zone from I-1 Industrial District to B-W Highway Commercial with staff’s recommendations and contingent upon City Council approval at the September 2, 2008 regular City Council meeting or a meeting soon thereafter, at which time a Resolution will be presented drafting out the Findings of Facts and Decision Making. Motion carried unanimously.

MOTION BY Commission member Kocon, seconded by Commission member Prow to approve Niemeyer Properties (Niemeyer Trailer Sales) Conditional Use Permit (CUP) with staff’s recommendations and contingent upon City Council approval at the September 2, 2008 regular City Council meeting or a meeting soon thereafter, at which time a Resolution will be presented drafting out the Findings of Facts and Decision Making. Motion carried unanimously.

MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to approve Niemeyer Properties (Niemeyer Trailer Sales) Preliminary and Final Plat with staff’s recommendations and contingent upon City Council approval at the September 2, 2008 regular City Council meeting or a meeting soon thereafter, at which time a Resolution will be presented drafting out the Findings of Facts and Decision Making. Motion carried unanimously.

Approve Ordinance No. 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, including Shopping Centers

Chair Leintz opened the public hearing at 9:05 p.m.

City Planner Brixius informed the Commission that a recent request resulted in staff researching the wall sign regulations for businesses. Currently, the 2005 Albertville Municipal City Code Zoning Appendix addresses this issue in Title 10; Chapter 7; Section 8, titled Permitted Business Signs. Brixius went on to explain that at the last Planning Commission meeting, concerns were raised whether or not businesses were going to be allowed adequate wall signage with the newly proposed ordinance amendments. The Planning Commission requested that additional edits be made to the Ordinance.

Following the July 2008 Planning and Zoning Commission meeting, staff prepared two (2) options for consideration. Each of the proposed options expands on signage opportunities above the current regulations. The Planning and Zoning Commission should recommend approval to the City Council of one of the two (2) options, which they feel best addresses this sign issue, relating to wall signs accessory to single occupancy commercial or community store uses, signs accessory to single occupancy industrial uses, and accessory signs for multiple occupancy, commercial and industrial uses, including shopping centers, as stated in the attached Ordinance amendment options. Staff recommends Option 2.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, including Shopping Centers.

There was concern or confusion on the amount of signage that is allowed, and does it include or exclude windows.

Brixius did his best to explain to the Commission that as the 2005 Albertville Municipal City Code Pertaining to Wall Signs does not include the square footage of window(s). It only addresses the total amount of wall space, which the size of the window should be subtracted to get the percentage of allowable signage.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, including Shopping Centers.

There was no one present in the audience to comment on the proposed Ordinance amendment.

Chair Leintz closed the public hearing at 9:17 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Prow to approve Ordinance Number 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code Relating to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Single Occupancy Industrial Uses; Multiple Occupancy, Commercial And Industrial Uses, Including Shopping Centers with staff’s recommendations as follows:

Ordinance Number 2008-007

An Ordinance Amending Title 10, Chapter 7, Section 8 of the
2005 Albertville Municipal City Code Relating to Wall Signs
Accessory to Single Occupancy Commercial or
Community Store Uses; Single Occupancy Industrial Uses;
Multiple Occupancy, Commercial and Industrial Uses, Including Shopping Centers

SECTION 1. Section 10-7-8.A.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows:

1. Front Wall Signs: Signage on Walls Abutting a Public Right-of-Way:
a. Not more than two (2) signs shall be permitted on the front wall of any principal building. The total area of two (2) signs shall not exceed fifteen percent (15%) of the wall area. One sign may be a changeable message board (including reader boards/changeable banners) that is framed to define its perimeter. (Ord. 2005-04, 7-5-2005) Signage placed on a wall abutting a public right-of-way shall not exceed fifteen percent (15%) of the wall area (minus windows and doors). One sign may be a changeable message board (including reader boards/changeable banners) that is framed to define its perimeter.
b. Front wall signs Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters.
c. Front wall signs Signage placed on a wall abutting a public right-of-way may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter.

SECTION 2. Section 10-7-8.A.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy commercial or community store uses, is hereby amended to read as follows:

2. Side And Rear Wall Signs: A sign or signs shall be permitted on the rear and/or side wall of any principal building, subject to the following regulations: Signage on Walls Not Abutting a Public Right-of-Way: A sign or signs shall be permitted on those walls not abutting a public right-of-way of any principal building, subject to the following regulations:

a. The total area of such rear or side wall sign or signs shall not exceed nine (9) square feet. No rear or side wall signs, other than a sign provided in subsection A2b of this section, shall make use of any word, phrase, symbol or character other than to designate delivery areas. Signage placed on a wall not abutting a public right-of-way, other than a sign provided in subsection A.2.c of this section, shall be of directional and/or delivery purpose only.
b. Notwithstanding subsection A2a of this section, if the main entrance/exit to a particular use in the principal building opens on a side wall, or on a rear wall, the applicant shall be permitted to sign the side or rear wall in accordance with the front wall sign provision of subsection A1 of this section. (Amended Ord. 1987-3, 10-19-1987)The total area of each sign or signs shall not exceed nine (9) square feet per access door.
c. Notwithstanding Subsection A.2.a of this Section, if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-way, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of Subsection A.1 of this Section.

SECTION 3. Section 10-7-8.C.1., relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows:

1. Front Wall Signs: Signage on Walls Abutting a Public Right-of-Way:

a. Not more than one sign shall be permitted on the front wall of any principal building. The total area of such sign shall not exceed two hundred (200) square feet. Signage placed on a wall abutting a public right-of-way shall not exceed two hundred (200) square feet or ten percent (10%) of the wall area (minus windows and doors), whichever is less.
b. Front wall signs Signage placed on a wall abutting a public right-of-way, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters.
c. Front wall signs Signage placed on a wall abutting a public right-of-way may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter.

SECTION 4. Section 10-7-8.C.2., relating to the clarification of side and rear wall signs, the number of signs allowed, and the total allowable wall sign area for walls not abutting a public right-of-way for single occupancy industrial uses, is hereby amended to read as follows:

a. The total area of such rear or side wall sign or signs shall not exceed nine (9) square feet. No rear or side wall signs, other than a sign provided in subsection A2b of this section, shall make use of any word, phrase, symbol or character other than to designate delivery areas. Signage placed on a wall not abutting a public right-of-way, other than a sign provided in subsection C.2.c of this section, shall be of directional and/or delivery purpose only.
b. Notwithstanding subsection A2a of this section, if the main entrance/exit to a particular use in the principal building opens on a side wall, or on a rear wall, the applicant shall be permitted to sign the side or rear wall in accordance with the front wall sign provision of subsection A1 of this section. (Amended Ord. 1987-3, 10-19-1987) The total area of each sign or signs shall not exceed nine (9) square feet per access door.
c. Notwithstanding Subsection C.2.a of this section, if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right-of-way, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provision of subsection C.1 of this Section.

SECTION 5. Section 10-7-8.D.3, relating to the clarification of front wall signs, the number of signs allowed, and the total allowable wall sign area for walls abutting a public right-of-way for multiple occupancy, commercial and industrial uses, including shopping centers, is hereby amended to read as follows:

3. Wall Signs: Signage on Walls Abutting a Public Right-of-Way:
a. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen percent (15%) of the combined wall surfaces on walls which abut streets in commercial districts or ten percent (10%) in industrial districts. The allowed wall sign area for a multiple occupancy structure shall be calculated for each tenant separately. The allowed wall sign area for each tenant shall not exceed fifteen percent (15%) of the individual tenant’s wall surface(s) abutting a public right-of-way (minus windows and doors) in commercial districts (or ten percent (10%) in industrial districts).
b. No multiple occupancy structure may display more than two (2) overall building identification signs.
c.b.Individual tenants located within multiple occupancy structures, other than shopping centers, shall not be permitted to display individual signs, except for tenants which have separate exterior entrances to their use or tenants in shopping centers., in which case, not more than one sign may be displayed.
d. No individual sign may exceed one hundred (100) square feet in area.
e. A delivery sign or signs not exceeding nine (9) square feet in area may be located on the side or rear wall of the structure. (Amended Ord. 1987-3, 10-19-1987)

SECTION 6. Section 10-7-8.D.4., relating to the number of signs allowed and the total allowable wall sign area for walls not abutting a public right-of-way for multiple occupancy, commercial, and industrial uses, including shopping centers, is hereby amended to read as follows:

4. Ground Signs: Signage on Walls Not Abutting a Public Right-of-Way: A sign or signs shall be permitted on those walls not abutting a public right-of-way of any principal building, subject to the following regulations:
a. Signage placed on a wall not abutting a public right-of-way shall be of directional and/or delivery purpose only.
b. The total area of each sign or signs shall not exceed nine (9) square feet per access door.

5. Ground Signs:

and contingent upon City Council approval at the September 2, 2008 regular City Council meeting or a meeting soon thereafter. Motion carried unanimously.

OTHER BUSINESS – no comments

ADJOURNMENT

MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to adjourn the August 12, 2008 regular Planning and Zoning Commission meeting at 9:18 p.m. Motion carried unanimously.

Welcome / About Albertville / News & Events / City Hall / Business and Economic Development / New Resident Info / Site Index
Please Contact Albertville with any comments, questions, or suggestions.