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2022-02-08 Planning Commission Packet A�lbcrtvilli: ii f PLANNING COMMISSION MEETING Tuesday February 8, 2022 7:00 PM 1. CALL TO ORDER- ROLL CALL—ADOPT AGENDA 2. MINUTES January 11, 2022 Planning Commission Meeting (pages 1-3) 3. PUBLIC HEARINGS a. Public hearing to consider a zoning text amendment to Section 1000.15 OUTDOOR STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES; pertaining to the residential storage of recreational vehicles and trailers in the side yard. (pages 4-7) b. Public hearing to consider a zoning text amendment allowing outdoor dining conditional use permits to have electronic amplified music, intercom, audio speakers, or other noise generating devices. (pages 8-11) 4. OTHER BUSINESS a. Particle Control Expansion b. Athletic Training Facility 5. ADJOURNMENT �,lbcrtvillc Steal Town.Uwng.Big CRY Uft. ALBERTVILLE PLANNING COMMISSION TUESDAY,JANUARY 11, 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, Huggins, Smith and Council Liaison Zagorski. Absent: None. Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan Becker, Charlie Pfeffer with Pfeffer Real Estates LLC, Michael LaQua, Jon Edwards, Jeff Prasch, and Jeff Gears. Motioned by Hayden,seconded by Anderson to approve the agenda.Ayes:Buhrmann, Anderson, Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED. 2. MINUTES Motioned by Anderson,seconded by Smith to approve the December 14, 2021 Planning Commission meeting minutes.Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public hearing to consider a request from Scherer Limited Partnership for: ■ Comprehensive Plan Amendment ■ Zoning Map Amendment changing the zoning from B-2A Special Business District to I-2 General Industrial District ■ Preliminary and Final Plat ■ Conditional Use Permit for Outdoor Storage ■ Site and Building Plan Review Brixius presented the Scherer Limited Partnership new building construction plans for a lot North of the Albertville Outlet Mall and went over the planner's report dated January 6, 2022 with the Commissioners. Anderson asked to review the wetland exhibits. Brixius went over the wetland requirements. Zagorski asked the applicant about the truck and trailer sizes and to make sure that they have an adequate turning radius for 67th Street Ne. The applicant responded that they will be able to make that turning radius with their equipment. Zagorski asked how many employees they will have at the new location. The applicant responded that they currently have 40 to 45 employees, and they are looking to grow slightly to possibly 50-60 employees. Zagorski asked Brixius if the parking spaces could be reduced based on their employee numbers. Brixius said that they will not reduce the parking from the 108 stalls based on if anything were to change in the building,they feel comfortable that the parking will be adequate. Burhmann asked how big of a difference is the new building going to be from the existing 55,000 square foot building. The applicant responded that there will be about 5,000 square feet increase which will allow them to produce more production. Jeff Prasch,with Scherer Limited Partnership, approached the podium. He informed that they received notice of decision on the wetlands stating that the wetlands are considered "incidental"so they will not need to replace those, they can fill them. Prasch also touched base on the screening stating that they would not like to do the landscape screening around the east and the west because it is just wetlands and an 8-foot fence with slats would be adequate enough they feel. However, they will do the landscaping on the north side because of the street view. Brixius responded stating that staffs opinion on fencing slats is that they just do not hold up, another option would be to maybe do a landscape cluster and not a full staggered row. Brixius did state that they can also review the fencing materials that they are looking to use and resubmit a revised landscape plan. Mike LaQua with Scherer Limited Partnership responded to Commissioners stating that they are willing to work with staff on revising the landscaping plan. Huggins commented on 67th Street and the view coming down 67th Street and the view would be the fencing that the applicant is proposing. Brixius agreed and commented that they will work with the applicant on a revised landscape plan. Planning Commission Meeting Minutes 2 Regular Meeting of January 11,2022 Motioned by Hayden,seconded by Buhrmann to open the Public Hearing. Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None. Absent.None.MOTION DECLARED CARRIED. No one wished to speak. Motioned by Anderson,seconded by Huggins to close the Public Hearing. Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None. Absent.None.MOTION DECLARED CARRIED. Motioned by Huggins,seconded by Anderson to approve the request from Scherer Limited Partnership for the Comprehensive Plan Amendment and the Zoning Map Amendment changing the zoning from B-2A Special Business District to I-2 General Industrial District with the conditions listed in the January 6, 2022 planner's report.Ayes:Buhrmann,Anderson,Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED. Motioned by Hayden,seconded by Huggins to approve the request from Scherer Limited Partnership for the Preliminary and Final Plat with the conditions listed in the January 6, 2022 planner's report.Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED. Motioned by Anderson, seconded by Hayden to approve the request from Scherer Limited Partnership for the Site and Building Plan Review and the Conditional Use Permit for Outdoor Storage with the conditions listed in the January 6, 2022 planner's report along with revision to condition item #3 listed under the Conditional Use Permit for Outdoor Storage, the applicant will submit a revised landscape plan for review.Ayes:Buhrmann,Anderson, Hayden,Huggins and Smith. Nays:None.Absent.None.MOTION DECLARED CARRIED. 4. OTHER BUSINESS A. None. 5. ADJOURNMENT Motioned by Hayden,seconded by Smith to adjourn the meeting at 7.35p.m. Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.Absent. None.MOTION DECLARED CARRIED. Respectfully submitted, Maeghan M. Becker, Building Permit Technician Planning Commission Meeting Minutes 3 Regular Meeting of January 11,2022 NORTHWEST ASSOCIATED CONSULTANTS, MC, 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 / Logan Brown DATE: February 3, 2022 RE: Residential Recreational Vehicle Side yard Storage. FILE NO: 163.05 22.02 BACKGROUND Section 1000.15.A, addresses permitted outdoor storage in residential zoning districts. Within this code section the City allows recreational vehicle and trailer storage within the side yard of a residential lot with conditions. This is intended to allow for a storage pad along a garage and accessed via the driveway. However, the code language does not specifically define the location of this allowed side yard storage. This has resulted in a few properties storing their recreational vehicles along their house opposite the garage. This has produce issues with regard to access across the lawn, proximity to adjoining homes, screening, etc. City Staff is asking the Planning Commission and City Council to consider the attached zoning text amendment to better define the allowed location and access for side yard recreational vehicle storage. EXHIBITS Exhibit A Draft zoning text amendment. ANALYSIS The Draft amendment includes the following items. 1. Recreational vehicle may only be stored in the side yard along the garage side of the house. 4 2. Access to the storage area shall be via the driveway. 3. The access drive to the storage area shall be surfaced with asphalt, concrete or crushed rock. CONCLUSION The attached zoning text amendment is offered for the consideration and discussion of the Planning Commission and City Council. If deemed acceptable we recommend approval of the attached zoning text amendment. Cc. Maeghan Becker Kris Luedke Mike Couri. 5 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022— AN ORDINANCE AMENDING SECTION 1000.15 A.2.b OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO SIDE YARD STORAGE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Ordinance 1000.15, Outside Storage, Residential, Commercial, and Industrial Uses of the Albertville City Code is hereby amended as follows. 1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES: A.2.b. Side yard storage: (1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion. (2) All permitted recreational vehicle storage must be set back at least two feet (2) from the property line. (3) All permitted recreational vehicle storage within a side yard shall be located adjacent to the garage with direct access from the existing driveway. The access to the storage area shall be surfaced with asphalt, concrete or crushed rock. Outdoor storage pads may be constructed within public utility and drainage easements provided that: (A) Permitted recreational vehicle or trailer storage shall not interfere with storm water drainage or divert storm water to neighboring properties. (B) No parking pad shall be located within a drainage or utility easement without written permission of the city engineer. (C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner's expense and will not be replaced by the city. 6 On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet(20')from the side property line abutting a street right of way. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of 2022. Jillian Hendrickson, Mayor Kris Luedke, City Clerk EXHIBIT A NORTHWEST ASSOCIATED CONSULTANTS, MC, 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 / Logan Brown DATE: February 3, 2022 RE: Outdoor Dining - Music FILE NO: 163.05 22.01 BACKGROUND Outdoor Dining is allowed in each of the City's commercial zoning districts by conditional use permit. The outdoor dining conditional use permit performance standards include the following prohibition. "No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area." New restaurants (Hen and Hog, Raw Table) have pursued conditional use permits for outdoor dining and have expressed a desire to have some electronic music within the outdoor dining area to add to the ambience and enjoyment of the dining experience. In the City's consideration of these two conditional use permits; it was recognized the locations of these restaurants were a good distance away from residential properties and the outdoor music would not become a nuisance issue. The Albertville Planning Commission and City Council made a finding to allow these restaurants to have outdoor music accessory to their approved outdoor dining area and directed staff to amend the City code make some allowance to allow other restaurants the same benefit. Attached is the draft zoning amendment that allowing outdoor electronic music accessory to outdoor dining conditional use permit. EXHIBITS Exhibit A Draft Zoning Text Amendment. ANALYSIS The draft zoning code amendment (Exhibit A) eliminates the prohibition outdoor music accessory to outdoor dining but includes the following provisions to reduce potential nuisance issues. 1. Electronic music will still be prohibited on commercial lots that abut a residential use or residential zoning district. This is suggested to avoid nuisance issues related to volume or the late night hours of operation of a restaurant and their impact on the residential use. 2. The operation of the electronic music or audio equipment shall not operate at a volume that will not result in nuisance issues. We have cited Title 5 Chapter 1 of the City Code to define nuisance concerns. This would apply to all approved outdoor dining areas with music or audio equipment. CONCLUSION The attached zoning text amendment is offered for the consideration and discussion of the Planning Commission and City Council. If deemed acceptable we recommend approval of the attached zoning text amendment. Cc. Maeghan Becker Kris Luedke Mike Couri. 9 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022— AN ORDINANCE AMENDING THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO CONDITIONAL USE PERMITS OF OUTDOOR DINING FACILITIES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Chapter 4300 B-2 Limited Business District in the Albertville City Code is hereby amended as follows 4300.4 Conditional Uses . — rating deviees shall be aliewed in the autdoer- sales area. 4300.4 (M)Electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices may be allowed in the outdoor dining area, provided the lot on which the outdoor dining area is located doesn't abut a residential use or zoning district. The playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the Albertville City Code. SECTION 2. Chapter 4350 B-2A Special Business District in the Albertville City Code is hereby amended as follows 4350.4 Conditional Uses . — rating deviees shall be aliewed in the autdoer- sales area. 4350.4 (M)Electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices may be allowed in the outdoor dining area, provided the lot on which the outdoor dining area is located doesn't abut a residential use or zoning district. The playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the Albertville City Code. SECTION 3. Chapter 4400 B-3 Highway Commercial District in the Albertville City Code is hereby amended as follows 4400.4 Conditional Uses 10 r-a+ing d&,4ees shall be aliewed in the et4deer- sales area. 4400.4 (M)Electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices may be allowed in the outdoor dining area, provided the lot on which the outdoor dining area is located doesn't abut a residential use or zoning district. The playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the Albertville City Code. SECTION 4. Chapter 4500 B-4 General Business District in the Albertville City Code is hereby amended as follows 4500.4 Conditional Uses r-a+ing d&,4ees shall be aliewed in the et4deer- sales area. 4500.4 (M)Electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices may be allowed in the outdoor dining area, provided the lot on which the outdoor dining area is located doesn't abut a residential use or zoning district. The playing of outdoor music shall not become a nuisance as defined by Title 5, Chapter 1 of the Albertville City Code. Approved by the Albertville City Council this day of 2022. Jillian Hendrickson, Mayor Kris Luedke, City Clerk EXHIBIT A 11