Planning and Zoning Minutes

December 9, 2008
Albertville City Hall 7:00 PM

CALL TO ORDER – ROLL CALL

Chair Leintz called the Albertville City Council meeting to order at 7:02 p.m.

PRESENT: Chair Sharon Leintz, Commission member Dale Edgren, Scott Dorenbush, 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 December 9, 2008 Planning and Zoning Commission agenda.

City Planner Brixius asked to have items 3. d. Zoning Ordinance Amendment – Information Requirements and Plan Required and 3. e. Subdivision Ordinance Amendment – Preliminary and Final Plat Regulations pulled from the agenda.

Chair Lenitz asked for a motion approving the December 9, 2008 agenda pulling items 3.d. and 3.e.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve the agenda as amended, 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 August 12, 2008 regular Planning and Zoning Commission minutes.

MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to approve the Tuesday, August 12, 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

APPROVE ZONING ORDINANCE AMENDMENT – REQUIRED FENCING, SCREENING, AND LANDSCAPING

Chair Leintz opened the public hearing at 7:09 p.m.

City Planner Brixius informed the Commission that long term maintenance and replacement of plants within an approved landscape plan have been a concern of the City. Brixius continued by stating according to Section 1000.7 H. of the City’s Zoning ordinance requires that all plants within an approved landscape plan be alive and in satisfactory growth at the end of a two year guarantee period or they must be replaced. It is after the two year guarantee period that the City has expressed concern. Who is responsible to maintain the plantings five, ten, fifteen years from now?

Brixius noted that a way for the City to maintain the two-year warranty is by additional language regarding responsibility after the two years is complete. Brixius went on to say that for any project that requires a landscape plan to be submitted and reviewed by the City, the continued maintenance of the landscaping on the site, in accordance with the approved plan, shall be the responsibility of the property owner.

In summary, staff has prepared an ordinance addressing the City’s concern dealing with the landscaping.

Chair Leintz asked if any Commission members had questions or concerns regarding the proposed approval of the Ordinance Amending Section 1000.7 (Required Fencing, Screening, and Landscaping) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to Landscape Maintenance.

Commission questioned as to who will know when the two-year time frame has expired. Staff responded to the question by stating that when plants or trees are purchased the nursery gives a guarantee.

Commission then challenged the thought process of grass or sod or ground covering in residential developments, which the Commission wanted to include in the proposed Ordinance amendment along with the maintenance of weeds.

Staff acknowledged the Commission’s request to amend the Ordinance to include the concern with ground covering – such as grass or sod and the maintenance of weeds.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Ordinance Amending Section 1000.7 (Required Fencing, Screening, and Landscaping) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to Landscape Maintenance.

There was no one present in the audience.

Chair Leintz closed the public hearing at 7:15 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to approve an Ordinance Amending Section 1000.7 (Required Fencing, Screening, and Landscaping) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to Landscape Maintenance with staff’s recommendations, and; contingent upon City Council approval at the January 5, 2009 regular City Council meeting or a meeting soon thereafter, at which time an Ordinance will be presented. Motion carried unanimously.

APPROVE ZONING ORDINANCE AND CITY CODE AMENDMENT – DUST AND OTHER PARTICULATED MATTER, ODORS, RADIATION EMISSION AND ELECTRICAL EMISSION

Chair Leintz opened the public hearing at 7:16 p.m.

City Planner Brixius noted that the 2005 Albertville Municipal City Code currently contains regulations pertaining to public nuisances in two locations: the Albertville Zoning Ordinance (Appendix A) and the Health and Sanitation Title (Title 5). Staff is now introducing two Ordinance Amendments in order to reorganize the placement of the nuisance regulations within the City Code for ease of enforcement.

Brixius went on to report that Chapter 1000 (General Yard, Lot Area and Building Regulations) of the Zoning Ordinance contains regulations pertaining to certain public nuisances, such as Smoke (Section 1000.11), Dust and Other Particulated Matter (1000.12), Odors (1000.13), Radiation Emission (1000.19), and Electrical Emission (1000.20).

Brixius concluded that it is staff’s sentiment that these regulations would be better suited under Chapter 1 (Nuisances) of the Health and Sanitation Title of the City Code, which contains the following pertinent sections: Public Nuisances Affecting Health (Section 5-1-3) and Public Nuisances Affecting Peace and Safety (5-1-5). The reason being so nuisance regulations can be enforced through an administrative citation and fine, while if the nuisance regulations were to remain under the Zoning Ordinance, a zoning violation would require prosecution of a misdemeanor.
Chair Leintz asked if any Commission members had questions or concerns regarding the proposed approval of the Ordinance Amending Section 5-1-3 (Public Nuisances Affecting Health) and Section 5-1-5 (Public Nuisances Affecting Peace and Safety) of the Albertville Health and Sanitation (Title 5) of the 2005 Albertville Municipal City Code to add Nuisance Regulations to the Albertville Health and Sanitation Ordinance of the City Code.

Building Official Sutherland clarified what the process was should a resident or other violator would or could appeal the Administrative Fine that is in place. Staff felt handling the enforcement of nuisances via an Administrative Fine would potentially be quicker than a citation.

Commission basically asked what drove the change; was it because of the fire pits on residential property.

Staff summarized, by stating it was not driven by anything. Staff basically wanted to clean up some of the zoning codes. Since the codification of the City Code in 2005, staff felt these were not zoning issues versus a nuisance concern that needed to be addressed.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Ordinance Amending Section 5-1-3 (Public Nuisances Affecting Health) and Section 5-1-5 (Public Nuisances Affecting Peace and Safety) of the Albertville Health and Sanitation (Title 5) of the 2005 Albertville Municipal City Code to add Nuisance Regulations to the Albertville Health and Sanitation Ordinance of the City Code.

There was no one present in the audience.

Chair Leintz closed the public hearing at 7:24 p.m.

MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to approve an Ordinance Amending Section 5-1-3 (Public Nuisances Affecting Health) and Section 5-1-5 (Public Nuisances Affecting Peace and Safety) of the Albertville Health and Sanitation (Title 5) of the 2005 Albertville Municipal City Code to add Nuisance Regulations to the Albertville Health and Sanitation Ordinance of the City Code with staff’s recommendations and contingent upon City Council approval at the January 5, 2009 regular City Council meeting or a meeting soon thereafter. Motion carried unanimously.

APPROVE ORDINANCE AMENDING SECTION 100.10 (FEES, CHARGES, AND EXPENSES) OF THE ZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE TO ESTABLISH FEES, CHARGES, AND EXPENSES BY WAY OF A ZONING ORDINANCE

Chair Leintz opened the public hearing at 7:25 p.m.

City Planner Brixius reported that staff reviews fees, charges, and expenses every year. It is the City’s intent to get Council approval and publish the ordinance in order for it to be effective January 1 of the New Year. In order to accomplish this, the Commission needs to review and approve so that Staff can present to City Council at the December 15, 2008 regular Council meeting.

Staff informed the Commission members that the City Council had a workshop discussing fees and the budget, which Council did not want to raise the fees too much because of the current economic status throughout the United States. However, staff did want them to consider raising the fees to reflect the actual costs associated with development fees.

Chair Leintz asked if any Commission members had questions or concerns regarding the proposed approval of the Ordinance Amending Section 100.10 (Fees, Charges, and Expenses) of the Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code to Establish Fees, Charges, and Expenses by way of a Zoning Ordinance.

Building Official Sutherland brought to the Planner’s attention the fact that the previous asterisk (*) notation was omitted. Sutherland encouraged the Commission to include the asterisk notation in the proposed fees.

Council liaison Wagner felt it was the Council’s interpretation to keep the Administrative Permit fee down. It was suggested to lower the fee or break up the amount into a base amount and an escrow amount.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Ordinance Amending Section 100.10 (Fees, Charges, and Expenses) of the Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code to Establish Fees, Charges, and Expenses by way of a Zoning Ordinance.

There was no one present in the audience.

Chair Leintz closed the public hearing at 7:30 p.m.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve Ordinance Amending Section 100.10 (Fees, Charges, and Expenses) of the Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code to Establish Fees, Charges, and Expenses by way of a Zoning Ordinance as amended by the Planning and Zoning Commission, with staff’s recommendations and; contingent upon City Council approval at the January 5, 2009 regular City Council meeting or a meeting soon thereafter, at which time an Ordinance. Motion carried unanimously.

APPROVE Zoning Ordinance Amendment – Information Requirements and Plan Required

Item was pulled from the agenda.

APPROVE Subdivision Ordinance Amendment – Preliminary and Final Plat Regulations

Item was pulled from the agenda.

OTHER BUSINESS

Review and discuss current zoning regulations for accessory structures

City Planner Brixius began by informing the Commission the reason for the discussion on Accessory Structures is due to a recent violation of the accessory structure zoning regulations has prompted staff to review and re-examine the current regulations. The property owner at 10690 56th Street NE was constructing a detached accessory building without obtaining City approval. The City cited the individual, but the construction continued. The structure violated zoning regulations in the following ways:

* The property already contained an existing attached garage and detached accessory structure (shed).
* The new accessory structure under construction was over 150 square feet.
* The roof style was different from the roof style of the existing home.

Brixius went on to report that during the analysis the following issues are being reviewed and shall be discussed at this time:

* The size and height of accessory structures.
*The number of accessory structures allowed.
* The regulation of “outdoor living spaces”.
* The need for conditional use permits.
* Number of commercial accessory buildings.

Brixius then stated it is important to place limits on the size and height of accessory buildings so that they do not overwhelm the principal building or overall site. After all, accessory buildings are intended to be “subordinate” buildings to the principal building and also incidental to the conduct of the primary use of such building.

The following are the size requirements established for an attached garage or a detached garage for a single family detached dwelling (Section 1000.4.B.3):

• Shall not be less than 480 square feet (except by conditional use permit).
• Shall not exceed 1,000 square feet (except by conditional use permit).
• Shall not exceed ground coverage of the dwelling (except by conditional use permit).
In addition to the above, the following are also size requirements for accessory buildings for a single family dwelling (Section 1000.4.B.5):

• A detached accessory building shall not exceed 150 square feet when accompanied by an attached garage (may be modified by conditional use permit).
• Detached accessory building and attached garage combined total floor area shall not exceed 1,150 square feet (may be modified by conditional use permit).

The current regulation allows a total of 1,150 square feet of accessory building space. The ordinance requires the majority of this floor area (1,000 square feet) to be placed in one garage or outbuilding and a smaller (150 square feet) second building.

In previous years, Brixius reported that the exception to the rules have been granted through conditional use permits. Since 2000, the City has approved six conditional uses for single family lots requesting either a second garage or accessory floor space in excess of 1,150 square feet.

The current regulations are designed to limit the amount of accessory buildings on a single family lot to insure that the site maintains the residential character of the overall neighborhood. The Planning and Zoning Commission is requested to examine the attached accessory building requirements to determine if alternative language may be appropriate. The following options may be considered:

1. No change.

2. Is 1,150 square feet of accessory building space appropriate for Albertville’s single family lots? Examination of the City’s single family zoning district reveals that the 1,150 square feet accessory building floor space represents between 8 percent and 9 percent of the minimum lot area of the R-1A, R-1, R-2 and R-3 Zoning District. This is generally consistent with other communities that typically allow up to 10 percent of lot area.

3. Should the City allow greater access to the accessory building floor area? Currently, the City allows one building to contain up to 1,000 square feet and a second building that may allow 150 square feet. This restricts the availability of the permitted floor space. An alternative option may be to maintain the cap of 1,150 square feet of total floor space but allow the property owner to distribute the floor space between two buildings without restrictions.

4. If the City allows for greater flexibility in the accessory building floor space, City staff would then recommend that no conditional use permit or administrative permit to exceed the 1,150 square foot cap or more than two buildings on site be available to lots having less than one acre in size.

City Planner Brixius turned it over to Building Official Sutherland, who demonstrated various non-conforming sheds throughout Albertville.

Sutherland displayed photos of structures that are located on various properties in Albertville. Sutherland noted how the structures are less than 120 square-feet, but the architectural features do not match that of the house. Sutherland questioned whether a gazebo would be considered a detached accessory building. Sutherland went on to point out play structures and how big some of them are and challenged whether they should be counted towards the square footage allowed for accessory buildings on a property.

The Commission had concerns with the size of the accessory buildings and suggested putting limits on the size. The Commission reviewed the current ruling within the 2005 Albertville Municipal City Code. It was brought up as to whether 1,100 square feet (attached garage) is excessive or should the City consider increasing the size. It was recommended to amend the 2005 Albertville Municipal City Code Zoning Appendix to address gazebos or other such structures.

Commission members wanted to set a cap on R1-A and R-1 on the size and number of accessory buildings that would be allowed. Putting a size or number would give the property owner the flexibility on how they want to distribute the allowable cap.

As for the gazebo concern, Commission recommended that the gazebo could be attached to the house in the same manner as a deck would be.

Staff reported that they will take the recommendations and suggestions made this evening and prepare an Ordinance Amendment addressing Accessory Buildings for the January 2009 meeting. Staff will not publish the amendment until the February 2009 meeting, at which time staff and the Commission will have had time to carefully evaluate the proposed change(s).

Review the Planning and Zoning Commission member List (Review Term(s) and Expiration Dates)

Chair Leintz acknowledged the resignation of Planning and Zoning Commission Prow and authorized City staff to advertise for the vacancy.

Staff informed the Commission that the City had advertised and only one applicant demonstrated interest in serving on the Commission. Staff will put the applicant(s) on the January 2009 agenda for interviewing and potential recommendation to Council at the second meeting in January.

Review the 2009 Planning and Zoning Commission meeting dates

Chair Leintz asked the Commission members to review the upcoming 2009 meeting dates.

Building Official Sutherland wanted to know if the dates were okay, or if a Commission member had a conflict with any.

Upon hearing no conflicts with the 2009 Planning and Zoning Commission meeting dates; the Commission accepted the calendar as presented.

ADJOURNMENT

MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to adjourn the December 9, 2008 regular Planning and Zoning Commission meeting at 8:31 p.m. Motion carried unanimously.

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