2021-07-13 Planning Commission Packet A1bcrtvillf:
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PLANNING COMMISSION MEETING
Tuesday July 13, 2021
7:00 PM
1. CALL TO ORDER- ROLL CALL—ADOPT AGENDA
2. MINUTES
June 8th, 2021 Planning Commission Meeting Minutes (Pages 1-4)
5. PUBLIC HEARINGS
a. Application for a conditional use permit for outdoor dining for Hen and Hog
restaurant within the Prairie Run Shopping Center. (Pages 5-12)
6. OTHER BUSINESS
None
7. ADJOURNMENT
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ALBERTVILLE PLANNING COMMISSION
TUESDAY,JUNE 08, 2021
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER- ROLL CALL-ADOPT AGENDA
Chair Buhrmann called the meeting to order at 7:00 p.m.
Maeghan Becker conducted roll call.
Present: Chair Buhrmann and Commissioners Anderson, Hayden, and Council Liaison Zagorski.
Absent: Huggins.
Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan
Becker, Tom Gonyea and Ian Peterson from Integrate Properties, LLC,Alice Manuel,
Terry and Monica Madsen, Tom Kuenzel, Charlie Pfeffer and Jeff Zachman.
Motioned by Anderson, seconded by Buhrmann to approve the agenda.Ayes:
Buhrmann,Anderson,Hayden, and Zagorski.Nays:None.Absent:Huggins.MOTION
DECLARED CARRIED.
2. MINUTES
Motioned by Hayden,seconded by Zagorski to approve the April 13, 2021
Planning Commission meeting minutes.Ayes.Buhrmann,Anderson,
Hayden, and Zagorski.Nays:None.Absent.Huggins.MOTION DECLARED
CARRIED.
3. PUBLIC HEARINGS
A. Application for a zoning map amendment from R-1 Single Family
Residential District to PUD Planned Unit Development District and
Preliminary Plat for a 70 lot single family residential subdivision
entitled Preserve at Albertville locate on the north side of 50tn Street
between Main Avenue and CR. 19.
Brixius presented the Preserve at Albertville plans and went through the Planner's Report
dated June 2, 2021.
Hayden asked how many entrances, Brixius responded one entrance.
Anderson asked about the width of the streets, Brixius responded that they are 28 feet and
they compared them with Towne Lakes.Anderson asked if the Fire Chief reviewed these
plans and Brixius stated that he has.Anderson also brought up the traffic study that was
discussed last October when this project was presented to them. Brixius stated that the
traffic study is in the works right now.Anderson is concerned about the number of vehicles
with little off street parking available.Anderson is wondering who will monitor any
outdoor storage, Brixius responded that the applicant and the management company will
be monitoring any outdoor storage violations.
Zagorski brought up the concerns that was previously brought up by Commissioner
Huggins in the last October meeting and Brixius clarified that a CIC (common interest
community) and an HOA would be established and would have to be reviewed by the City
Attorney.
Zagorski asked about the traffic study,but Brixius stated that we are still waiting on the
traffic study to be completed.
Ian Peterson with Integrate Properties LLC, approached the podium and went through his
presentation on The Preserve at Albertville.
Motioned by Anderson, seconded by Hayden to open the Public Hearing.
Ayes:Buhrmann,Anderson, Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
Terry Madsen, an Albertville resident, approached the podium. He lives on 53rd Street Ne,
North of the development. Terry has concern of water run off for this proposed
development. His sump pump already is running constantly and would like to know the
grading and drainage plan. Brixius brought up the grading and drainage site plan exhibit to
review with the resident. Brixius stated that our City Engineer is in the process of
reviewing these plans to make sure that they meet all the requirements needed for proper
drainage. Madsen is wondering what would stop them from selling these homes
individually. Brixius stated that this proposed development is a rental development and all
units will be rentals. If they are ever to look at selling individual lots they would need to
establish a CIC (common interest community) which would need to be reviewed and
approved by our City Attorney. Madsen is also concerned with the traffic that this
development could create.
Alice Manuel, an Albertville resident, approached the podium. She lives on Main Ave Ne,
East of the development. Manuel is wondering why they need to put so many houses, she
believes that the area should be more like 50 rather than the proposed 70.
Ian Peterson approached the podium in response to Manuel's question. He stated that due
to the economics of the project and in order to have the development run successfully, 70
units is the lowest number they can go for the number of houses.
Planning Commission Meeting Minutes 2
Regular Meeting of June 08,2021
Manuel approached the podium again also asking about the drainage. Brixius responded
that the drainage may change a bit,but the amount of drainage will not and all the lots will
properly drain into catch basins. Manuel is wondering if the entrance into the development
is going to line up with the school entrance, Brixius responded yes that is the intent.
Motioned by Anderson, seconded by Hayden to close the Public Hearing.
Ayes:Buhrmann,Anderson, Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
Motioned by Hayden,seconded by Buhrmann to approve the request from
Integrate Properties LLC for a zoning map amendment from R-1 Single Family
Residential District to PUD Planned Unit Development District with the
conditions listed in the planner's report dated June 1, 2021.Ayes:Buhrmann,
Anderson, Hayden, and Zagorski.Nays:None.Absent:Huggins. MOTION
DECLARED CARRIED.
Motioned by Hayden,seconded by Anderson to approve the preliminary plat for
a 70 lot single family residential subdivision entitled Preserve at Albertville
with the conditions listed in the planner's report dated June 1, 2021.Ayes:
Buhrmann,Anderson,Hayden, and Zagorski.Nays:None.Absent:Huggins.
MOTION DECLARED CARRIED.
B. Zoning text amendment changing the required setbacks for Cemetery
uses within the P/I Public Institutional District.
Brixius presented the St.Alberts Cemetery request to install Columbarium's at the
Cemetery to provide an alternative option to grave sites. The proposed location of the
columbarium will not meet the current side yard setbacks. The City Staff is recommending
a changing in the setback standard specific to Cemeteries for columbarium, headstones,
grave markers and other cemetery accessory structures to a minimum of 10 feet from all
property lines with the conditions listed in the planner's report dated May 20, 2021.
Motioned by Anderson, seconded by Hayden to open the Public Hearing.
Ayes:Buhrmann,Anderson,Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
Jeff Zachman, St.Alberts Parishioner, asked for more detail on the columbarium. Brixius
responded that it is a place for when a person is cremated,the columbarium is a vault with
a name plate and the remains are put into the vault. It is also a less expensive option versus
being buried in the ground.
Motioned by Anderson, seconded by Hayden to close the Public Hearing.
Ayes:Buhrmann,Anderson,Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
Planning Commission Meeting Minutes 3
Regular Meeting of June 08,2021
Motioned by Anderson, seconded by Buhrmann to approve the request from St.
Alberts for a zoning text amendment changing the required setbacks for
Cemetery uses within the P/I Public Institutional District with the conditions
listed in the planner's report dated May 20,2021.Ayes.Buhrmann,Anderson,
Hayden, and Zagorski.Nays:None.Absent:Huggins.MOTION DECLARED
CARRIED.
C. Zoning text amendment establishing definitions and regulations for
thrift stores/secondhand merchandise stores in the Albertville.
Brixius presented the thrift store/second hand store code amendment to the
Commissioners. Brixius stated that City Staff is recommending to restrict the size of
a Thrift Store/Secondhand Store within the zoning district,with a limit of 2500
square feet or less.
Motioned by Anderson, seconded by Hayden to open the Public Hearing.
Ayes.Buhrmann,Anderson,Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
No one wished to speak.
Motioned by Anderson, seconded by Hayden to close the Public Hearing.
Ayes.Buhrmann,Anderson,Hayden, and Zagorski. Nays:None.Absent:
Huggins. MOTION DECLARED CARRIED.
Motioned by Buhrmann, seconded by Anderson to approve the zoning text
amendment establishing definitions and regulations for thrift
stores/secondhand merchandise stores in the City of Albertville as listed in the
planner's report dated May 25,2021.Ayes:Buhrmann,Anderson, Hayden, and
Zagorski.Nays:None.Absent.Huggins. MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. None.
5. ADJOURNMENT
Motioned by Anderson, seconded by Hayden to adjourn the meeting at
8:30p.m.Ayes.Buhrmann,Anderson, Hayden, and Zagorski.Nays:None.
Absent.Huggins. MOTIONDECLARED CARRIED.
Respectfully submitted,
Maeghan M. Becker, Building Permit Technician
Planning Commission Meeting Minutes 4
Regular Meeting of June 08,2021
NORTHWEST ASSOCIATED CONSULTANTS, INC,
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM:
TO: Adam Nafstad
FROM: Alan Brixius
DATE: July 6, 2021
RE: Shoppes at Prairie Run — Hen and Hog Outdoor Dining
CUP
FILE NO: 163.06 21.04
PROPERTY 5262 Kyler Avenue NE
ADDRESS:
P I D: 101-137-001-020
BACKGROUND
The Hen and Hog restaurant occupies the southern tenant bay of the Prairie Run
Shopping Center at 5262 Kyler Avenue NE. The restaurant and the shopping center
owner have submitted an application to establish and outdoor dining area accessory to
the restaurant. This is intended to expand their dining area and to promote additional
business. The site is zoned B-2 Limited Business District which allow restaurants as a
permitted use and outdoor dining as a conditional use.
EXHIBITS
EXHIBIT A AERIAL PHOTO
EXHIBIT B SITE PLAN / OUTDOOR DINING LAYOUT
EXHIBIT C PROJECT NARRATIVE
ANALYSIS
Within the B-2 zoning district outdoor dining is allowed by conditional use permit
provided the development can meet the following performance standards.
Outdoor dining facilities
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A. The applicant shall be required to submit a site plan and other pertinent
information demonstrating the number, location and type of all tables, refuse
receptacles, and wait stations.
Comment: The attached site plan shows the layout of the proposed outdoor dining area
including fencing, access, aisles, table placement and total seating. Eight tables are
proposed for the outdoor dining area with a total seating of 34 people.
B. Access to the dining area shall be provided only via the principal building if the
dining area is a full service restaurant or tavern, including table waiting service. All exit
gates shall be marked "Exit Only" and shall meet all building code requirements.
Comment. The site plan proposes altering the building to provide a door access directly
into the fenced outdoor dining area. This is required to control access into the dining
area for the service of food and alcoholic beverages.
The applicant's narrative indicates that the dining area will be enclosed with an
attractive 4 foot tall black steel fence. Applicant will be required to provide a crash bar
latch for each fence gate exit only. Additionally, Staff recommends that the fence be
installed a minimum of 2 feet inside the parking island curb to reduce the potential
damage to the fence from automobiles traveling through the site and door swings from
automobiles parked next to the dining area.
C. The size of the dining area is restricted to twenty percent (20%) of the gross area
of the current building, and shall maintain the lot requirements of the district.
Comment: The proposed dining area is 1086 sq. ft. in area exclusive of the south
sidewalk. The dining area exceeds 20% of the floor area of the Hen and Hog tenant
bay. However, the code allows the dining area to be 20% of the gross floor space of the
current building. The entire shopping center building is 12,000+ sq. ft. in area. The
proposed dining area is 9% of the total shopping center. With the tenant mix having
limited sit-down food service the dining area may be approved, with the condition that
this outdoor dining area may limit the opportunities for additional outdoor dining on this
site in the future.
D. The dining area is screened from view from adjacent residential uses.
Comment: The site is surrounded by commercial zoning and does not abut any
residential land uses.
E. All lighting shall be hooded at ninety degrees (900) and directed away from
adjacent properties. No luminaries shall extend beyond the ninety degree (900) cutoff.
Comment: The applicant is proposing a string of bulb lighting. This does not meet the
90 degree cutoff requirement. The proposed lights with be low intensity and will not
cast glare beyond the site. In review of the applicant's requested lighting Staff does not
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believe this will create nuisance light issues and maybe acceptable. The applicant will
need to provide a plan showing the light mounting and demonstrate how electricity will
be provided to the light fixtures. The lighting plan must be approved by the City's
Building inspector.
F. No outdoor dining shall be allowed on the public sidewalk.
Comment: While the dining area will use portions of the private sidewalk. No public
sidewalks will be impacted.
G. The dining area is surfaced with concrete bituminous or decorative pavers or may
consist of a deck with wood or other flooring material that provides a clean, attractive,
and functional surface.
Comment: The proposed dining area is located on an existing parking lot island. The
dining area will have a concrete surface.
H. A minimum width of thirty six inches (36") shall be provided within aisles of the
outdoor dining area.
Comment: The site plan and project narrative indicates that the outdoor dining area will
have 5 feet spacing between tables. The site plan shows a minimum 3 foot aisle and the
perimeter of the dining area.
I. Off street parking shall be adequate for both indoor and outdoor seating areas.
Comment: Based on the City zoning a 1086 dining area would require 27 parking stalls.
The City Code also requires shopping centers to provide 5.5 parking stalls per 1000 sq.
ft. of leasable floor space. By ordinance the 12,000 sq. ft. shopping center requires 66
parking stalls The current site has 81 parking spaces counting the shared parking with
Sunny Days Therapy to the south and space for 15 stalls on the north end of the site.
This exceeds the City's parking requirement.
Considering that the outdoor dining area is only offers seasonal dining, the current
shopping center tenant mix and the available on-site parking; staff finds the site offers
adequate parking to accommodate the proposed outdoor dining area.
J. Refuse containers are provided for self-service outdoor dining areas. Such
containers shall be placed in a manner which does not disrupt pedestrian circulation,
and must be designed to prevent spillage and blowing litter.
Comment: The applicant must confirm that all dining in the outdoor area will have wait
staff service and will not include disposable packaging, plates and utensils that require a
trash can. An alternative would be to provide a trash receptacle within the dining area.
K. Property owners shall pickup litter within one hundred feet (100') of the patio
area.
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Comment: this will be a condition of CUP approval.
L. Live outdoor music performance shall meet the requirements of section 5-5-3 of
the City code.
Comment: This will be a condition of CUP approval.
M. No electronically amplified outdoor music, intercom, audio speakers, or other
such noise generating devices shall be allowed in the outdoor sales area.
Comment: This will be a condition of CUP approval
N. No outdoor bar, cooking facility, food preparation or holding area shall be
established.
Comment: This will be a condition of CUP approval.
CONCLUSION
The Hen and Hog restaurant wishes to expand the seating capacity to grow their
customer base. In review of their application, Staff recommends approval of a
conditional use permit for outdoor dining for the Hen and Hog restaurant located at
Suite 111 Prairie Run shopping center per the plans and narrative submitted dated
06/17/2021 with the following conditions.
1. The outdoor dining area shall be configured and designed in accordance with the
plans submitted dated 06/17/2021 .
2. The applicant receives a building permit for the new doorway between the
building and the outdoor dining area.
3. The outdoor dining area is approved as being 20% or less than the entire
shopping center total floor area. This will be counted against any future outdoor
dining areas requested for the shopping center.
4. The black steel fence is approved. Applicant fence gates shall be installed with
crash bar latches.
5. The proposed string of light within outdoor dining area. Applicant shall provide a
plan illustrating how the lights will be installed and demonstrate how electricity
will be provided to the outdoor light fixture. Said lighting plan shall be approved
by the City Building Inspector.
6. With the CUP, the City finds that the existing parking is adequate for the outdoor
dining area.
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7. Applicant shall be responsible for the litter and trash clean-up from the outdoor
dining area.
8. No outdoor music events shall be allowed except upon receipt of a permit per
Section 5-5-3 of the Albertville City Code.
9. No electronic amplified outdoor music, intercom, audio speakers, or other noise
generation devices shall be allowed within the outdoor dining area.
10. No outdoor bar, cooking facility, food preparation or holding area shall be
established with the conditional use permit.
Cc. Maeghan Becker
Mike Couri
Paul Heins
Tom Cloutier
Matt Taus
Clair Stevens.
9
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Property Address 5262 KYLER AVE NE Acreage n1a
ALBERTVILLE
Distr i Lt 0102 CITY OF AL BE RTVILL E 885
Brief Tax Description Sect-02Twp-120 Ra nge-024 SHOPPES AT PRAIRIE RUN 2Lot-OW Block-001
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EXHIBIT A
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The Herz& The Hog Patio Appbeation
52+62 Kyler Arne l
Albertville,MW 55301
Suite##111
Contact info: Claire Stevens, cLai{rc.(u_rawtabletn o,cottx9 612-390-8089
e will be using Gernnan Quality Fencing. They are putting up Oft x Sft Black Sleel fencing
panels,along with two black steel gates, for exit-only purposes. They will be drilling into the
concrete slab, about a foot to a foot and a half in from the curb. We are also putting up curls
steppers into the gmuM on.the South side of our building in front of the fence,to stop guests
frorn hitting ouT fencing when they park. They are extending some posts to about 8 feet tall,
where Edison bulb sting lights will be strung across the patio. T i=isn't any pcm=cnt shade,
so ive will have umbrellas at the center of each table. Our p1W is to have at least eight tables on
the patio, seating 30 people. We will have seven,four-person tables and one,six-person table.
Each table is plaoed 5 feet apart,and there is also a distance of 5 feet from the fencing to the
tables.Our architect,Bill Dust, fmm Rust Architects has already corne out to look at the space
and gave us great feedback on our plans for the door installation and fencing.
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EXHIBIT
12