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2022-03-08 Planning Commission Packet A1bcrtvillf: Small Town Ems.ft city Utz. PLANNING COMMISSION MEETING Tuesday March 8, 2022 7:00 PM 1. CALL TO ORDER- ROLL CALL—ADOPT AGENDA 2. MINUTES February 8, 2022 Planning Commission Meeting (Pages 1-4) 3. PUBLIC HEARINGS a. Public hearing to consider a conditional use permit application from Andy and Christine Konz for a full-service drive through service lane with menu board and order station or property locate at 5703 Lachman Avenue NE. (Pages 5-13) b. Public hearing to consider a conditional use permit application from Pro Concrete Countertops to allow a light manufacturing land use within the PUD-B-2A zoning district at 6737 Labeaux Avenue NE. (Pages 14-28) 4. OTHER BUSINESS a. None 5. ADJOURNMENT �,lbcrtvillc Steal Town.Uwng.Big CRY Ulla. ALBERTVILLE PLANNING COMMISSION TUESDAY, FEBRUARY 08, 2022 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, Logan with Northwest Associated Consultants. Motioned by Smith,seconded by Anderson to approve the agenda with adding two additional topics to the Other Business agenda item: 1) Shoppes of Towne Lakes, and 2) Darkenwald. Ayes:Buhrmann,Anderson,Hayden, Huggins and Smith.Nays:None. Absent.None.MOTION DECLARED CARRIED. 2. MINUTES Motioned by Hayden,seconded by Huggins to approve the January 11, 2022 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 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: Brixius went over the background of the existing residential recreational vehicle side yard storage and properties that are storing their recreational vehicles along their house opposite the garage,which is causing issues with regard to access across the lawn, proximity to adjoining homes, screening and other things. Brixius went over the draft amendment changes: 1. Recreational vehicle may only be stored in the side yard along the garage side of the house. 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. Commissioners asked about properties that are currently parking on the non-garage side of the house, but are on an approved surface. Brixius stated that those properties would be grandfathered in -they are legal non-conforming. Commissioners discussed the definition of a recreational vehicle. Motioned by Huggins,seconded by Smith 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 Huggins,seconded by Hayden to close the Public Hearing. Ayes:Buhrmann,Anderson,Hayden,Huggins and Smith.Nays:None. Absent.None.MOTION DECLARED CARRIED. Motioned by Buhrmann,seconded by Hayden to approve the 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 as listed in the February 3, 2022 planner's report.Ayes:Buhrmann,Anderson,Hayden, Huggins and Smith. Nays:None.Absent.None.MOTION DECLARED CARRIED. 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 devises: Brixius informed Commissioners that outdoor dining is allowed with an approved conditional use permit,but the conditional use permit does not allow electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. The City has existing and new outdoor dining restaurants that would like to have outdoor dining music, and most of them are a good distance away from residential properties. Staff is proposing an ordinance amending the Albertville Municipal City Code Relating to Conditional Use Permits of Outdoor Dining. The draft zoning code amendment would eliminate the prohibition outdoor music accessory to Planning Commission Meeting Minutes 2 Regular Meeting of February 08,2022 outdoor dining but would include the following provisions: 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 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. Commissioners discussed some locations on Main Avenue that would not be able to have the outdoor dining music due to abutting residential property. Commissioners discussed other outdoor dining patios around town that currently do not have outdoor music that would benefit from this ordinance amendment. Motioned by Hayden,seconded by Anderson 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 Hayden,seconded by Huggins to close the Public Hearing. Ayes:Buhrmann,Anderson, Hayden,Huggins and Smith.Nays:None. Absent.None.MOTION DECLARED CARRIED. Motioned by Hayden,seconded by Huggins to approve the zoning text amendment allowing outdoor dining conditional use permits to have electronic amplified music, intercom, audio speakers, or other noise generating devices as listed in the February 3,2022 planner's report.Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED. 4. OTHER BUSINESS A. Particle Control Expansion Brixius discussed Particle Controls future plans for the expansion of their business. The company is looking to purchase lots around their current company and informed Brixius of what they are looking to build/operate on those lots in phases. Brixius said that they will need to change the zoning,they need to combine lots and they need to vacate land. PCI is also looking to purchase some of the lots in the area that currently have residential homes on them as they become available for purchase. Phase one will most likely be coming to Planning/Council in the spring or summer of this year. Commissioners discussed the operations of Particle Control and what they manufacture. Planning Commission Meeting Minutes 3 Regular Meeting of February 08,2022 B. Athletic Training Facility Brixius informed Commissioners that staff was approached by a former football player to build an indoor athletic training facility. Brixius went over a couple lots (empty lots by Culvers, and an empty lot next to Coborns liquor) that they were looking at and some of the pros and cons of each location. Commissioners discussed the structure of these types of buildings. Brixius stated that they do have some concerns with the proposed building structure and if the building would be able to be reused by a new tenant/owner if this business were to leave that building. C. Shoppes of Towne Lakes Brixius informed Commissioners that an existing Albertville nail salon, Impress Nails, is looking to build a new construction building on the former Hana site (the old Perkins site). Commissioners discussed Anytime Fitness and Infit relocation that is the near future. D. Darkenwald Brixius informed that he met with Darkenwald and discussed properties by the new Advanced Volumetric Alliance construction building. Darkenwald is proposing outdoor storage on one of the lots and an equipment rental on another. Brixius informed Commissioners of what the requirements would be for outdoor storage use and equipment rental. 5. ADJOURNMENT Motioned by Hayden,seconded by Buhrmann to adjourn the meeting at 7.54p.m.Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None. Absent:None.MOTIONDECLARED CARRIED. Respectfully submitted, Maeghan M. Becker, Building Permit Technician Planning Commission Meeting Minutes 4 Regular Meeting of February 08,2022 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: March 3, 2022 RE: Albertville - Konz Crossing (Raw Table Restaurant) Conditional Use Permit for accessory full-service drive-through service lane FILE: 163.06 — 22.01 BACKGROUND In 2021, Andy & Christine Konz requested applications for a conditional use permit and variance for a four-car drive through service lane associated with a proposed "Raw Table" restaurant. The restaurant will occupy the western most tenant space "Konz Crossing" retail center located north of 57th Street NE and west of Lachman Avenue NE (5703 Lachman Avenue NE). The City approved the development requests based on the information provided by the applicant with the condition the service lane be designed without a menu board and an order station. After the City approval, the applicant reconsidered the need for an on-site menu board and order station for their new restaurant and determined that on-site ordering was needed for a successful restaurant. The Konz have now applied for a new conditional use permit for a full-service drive through service lane. The subject site is zoned B2-A, Special Business which lists "restaurants" as a permitted use and "accessory drive-through service lanes" and "accessory outdoor dining facilities" as conditional uses. Attached for Reference: Exhibit A: Site Plan Exhibit B: Grading & Drainage Plan Exhibit C: Landscape Plan Exhibit D: Potential Menu Board 5 ISSUES AND ANALYSIS DRIVE-THROUGH SERVICE LANE - CONDITIONAL USE PERMIT Drive-through Service Lane Requirements. As shown on the submitted site plan (Exhibit A), the drive-through service lane for the "Raw Table" restaurant is proposed on the west side of the building and provides stacking space for four vehicles. Within 132-A zoning districts, drive-through service lanes which are accessory to a permitted use are subject to conditional use permit processing and are allowed only if the following criteria are satisfied: A. Not less than one hundred twenty feet(120) of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty feet(60) per lane. Comment: The submitted site plan (Exhibit A) shows a drive through service lane having 120 feet of stacking space meeting the City standard. To accommodate this length, the drive through lane extends across the shared lot line with Lot 2 Block 1 Labeaux Station. In review of the service lane configuration, we offer the following comments. 1. In 2020, the City approved a conditional use permit for shared parking and access between Lots 1 and 2, Block 1 Labeaux Station. As a condition of this approval, the property owner was required to provide a cross access and parking easement to be recorded across both lots. This easement was designed and reflects the 2020 site plan. As a condition of approving the new drive through lane, the shared parking and access easement must be reviewed and possibly amended to reflect the construction of the drive through lane to memorialize this site improvement for future lot owners. A copy of the recorded shared parking and access easement shall be submitted to the City. 2. The City requirement of 120 feet for drive through service lane stacking is a minimum standard. Frequently, successful restaurants and coffee shops will have customer stacking longer than 120 feet. If this occurs at this site, customer stacking may interfere with the available parking between Lots 1 and 2 Block 1 Labeaux Station or parking on the west end of Lot 2. The establishment of the drive through lane may reduce available the parking supply which will impact the size and design of the building on Lot 2, Block 1 Labeaux Station. With the approval of the drive through service lane conditional use permit, the City will require future development of Lot 2 to 6 undergo a site and building plan review by the City. The future development of Lot 2 will be evaluated based on the observed use of the drive through lane to determine the size and design of the future building and site layout. B. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to required parking spaces. Comment: The site plan provides 120 feet of automobile stacking exclusive of the required parking, The design of the drive through lane results in a change in the access from the west and changes in the parking lot for Lot 2, Block 1 Labeaux Station. The previous comment outlines the condition related to the new design and the potential impacts of stacking beyond the 120 drive through lane. In review of the submitted site plan, we raised concern some regarding the proximity of the drive-through lane to the proposed outdoor dining area to the south. In this regard, it is recommended that the following steps be taken to minimize vehicle impacts on outdoor diners: 1. The proposed drive-through lane shall be curbed with a minimum setback of two feet from the outdoor dining area. The two-foot setback allows an automobile to overhang the curb without damaging the fence. 2. While some screening is proposed along the north boundary of the outdoor dining area (a six-foot-long segment of lattice screening with planters), it is recommended that screening be provided along the north boundary of the dining area (to screen the area from view of the abutting drive-through lane). At the same time, such screening efforts should maintain proper visibility for vehicles which exit the drive-through lane. C. No part of the public street or boulevard may be used for stacking of automobiles. Comment: This is not applicable to the proposed drive through lane. D. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. Comment: The applicant has submitted a conceptual menu board / order station design (Exhibit D). This menu board is 6 feet wide and will be 7 feet in height. 7 The sign face is approximately 36 sq. ft. in total area. These menu board dimensions are acceptable. The location of the menu board is on a raised concrete peninsula located at the northwest corner of the building. The peninsula is 8 feet 9 inches in width and separates the drive through lane from a parking stall to the east. With the installation of the menu board, we recommend the following conditions. 1. The installation of the menu board will require a building and electrical permit. 2. The menu board must be angled to provide a 2-foot setback from the drive through lane and the nearest parking stall. 3. As part of the building permit and final menu board design review; the City may require bollards near the menu board as additional protection from automobiles. E. The drive-through lanes shall be screened from view of adjoining residential zoning districts and public street rights of way. Comment: This is not applicable to the proposed drive through service lane. F. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise, and glare. Comment: The location of the restaurant and drive through service lane is in a commercial area and away from residential land uses. We do not anticipate a need to limit the hours of operation. G. A lighting and photometric plan will be required that illustrates that drive-through service lane lighting shall comply with section 1000.10 of the Ordinance. Comment: A lighting plan was approved with the overall Konz Crossing project in February 2021 which applies to the site. The lighting plan did not have any exterior light fixtures on the west side of the building. Any additional lighting associated with the drive through lane (over the service window) must be 90-degree cutoff fixture with a shielded light source. If additional lighting is proposed on this side of the building, the exterior fixture must match the balance of the on-building fixtures and meet the City Code requirements. 8 RECOMMENDATIONS Based on the preceding review, Staff recommends approval of a conditional use permit to allow a drive-through service lane as illustrated in civil plans dated 02/14/2022 for Konz Crossing at 5703 Lachman Avenue subject to the following conditions: 1. The shared parking and access easement shall be revised to address the 02/14/2022 site plan and memorialize the establishment of the drive through lane extending across the shared lot line of lots 1 and 2 Block 1 Labeaux Station. A copy of the revised easement and documentation of its recording at Wright County shall be submitted to the City prior to issuance of the building permit. 2. Future development of Lot 2 will be required to undergo a site and building plan review by the City and the lot design will evaluated based on the observed use of the drive through lane to determine the size and design of the future building and site layout based on available parking. 3. The proposed drive-through lane shall be curbed with a minimum setback of two feet from the outdoor dining area fence. 4. The conceptual menu board is approved in height, dimension, and sign face area. The location of the menu board is approved with the following conditions. a. The installation of the menu board will require a building and electrical permit. b. The menu board shall be angled to provide a 2-foot setback from the drive through lane and the nearest parking stall. c. As part of the building permit and final menu board design review the city may require bollards near the menu board as additional menu board protection from automobiles. 5. If new lighting is proposed along the west side of the building, all lighting fixtures shall be 90-degree cutoff fixtures with a shielded light source. 6. Site grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. cc: Scott Dahlke Andrew and Christine Konz Chris Engle Maeghan Becker Mike Couri 9 c�rLax ueTEs Andrew and uzx N Christine�Konz DENERAL NOIR FOCUS ❑ESICN DUILD LEGEND: dA. i ----- ----------- .��",.,... —...r..— Z;, MODIFIED LOT I. — _- �N9SLD7i e z .5.,. ¢z W .SURVEY DATA O� _ - U '•''" tt L —«_ Q O ,ri PROJECT LOCATION ; x ° j - - 1 ! © •� r � .iry,�.x...rtu16 PROPERTYDESCRD''f10nNz'a tIt .e F� DnILDFNG (6 15,329 51(90.1risc u.�a,EA , „,as�oxx,a APPROXIMATE GROSS AREA 75 APPROX.) gx3^€y p r t pl fFs=959.50 --- I ®°s�va.»m dui EXISTING ZONING FIED 1 _ -___—C� _ �p rawww oen�n�,mw¢w waer mune ce,wm•:w 10• rm�u� ��i '1 _- 'p m,141 wxwr..muro,tce mw�- Ec L — __ — max m'nc anm �as"�mvivry,u _ ll — .e.was iav ,�„� PROPOSED LOT DATA RI �! � r— y 57TH ST2EETN.E. - — PARKING DATA. m�s m INDEX OF CIVIL SFFE DRAVWNGS: 4 WAIT- 1. 10 EXHIBIT A 1n And mw and �J Christie Konz FOCUS I-EGEND: DESIGN BUILD rs sro FUTURE wLDlwc 1 - — o••• x... O¢ 1 FFE 959 20 SURVEY DATA it E a' 1.5 o d tea✓ ---� 3 ._ _' .`_ <- Lu .'E � -! [6 [F 15320 Sf 2 FFE=959.599.50 fA IOC x T LOCK d IN - 57TH STREET N.E. - - - FINDEX-GIF CIVIL SITE DRAWINGS: .m ewux+ce�.w C2 cm,.,y m o�,noge ai 11 EXHIBIT B ..Andrew and Christine Konz FOCUS DESIGN BUILD PLPNT MpTfWpLS c roe n<nun9< N i !P MODIFIED LOT2 =UTURE BU LDINO FFE=953.20 „„x, _. LLJ III .,......,....,. LIJ n wl ` € tl� aEwggj Q Q• �t3 p a JL C4 15,320 SF J: i - (Wb V5 APPROX.). _ P-L FIE-959,50 KG WED- LOT91 - OCK FlF9 ... i- SSC J'L scd K:� —� INDEX OF CIVIL SITE Og0.WINGS, apzss 57TH STREET N E C9 12 EXHIBIT C FOCUS DESIGN BUILD Konz Crossing Menu Face k k k i 1' EedlstaI type I _._. --------- -Z11-11....1. Y k Y Front Elevation /S�deevaticn Light Source Top Elevat�an Potential Menu Board -1 13 EXHIBIT D 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 DATE: March 3, 2022 RE: Pro Concrete Countertops FILE NO: 163.06 22.02 ADDRESS: 6737 Labeaux Avenue NE PID: 101500351402 and 101500351404 BACKGROUND Pro Concrete Countertops occupies the west tenant bay of the building located at 6737 LaBeaux Avenue NE. The City has notified them that their occupancy of this building requires a conditional use permit to allow a limited manufacturing facility within the PUD-B-2A zoning district that cover this lot. They have subsequently applied for the required conditional use permit. In 2019, at the request of the property owner, the City approved a change in zoning exclusively for the property from B-2A to a PUD / B-2A zoning district, to allow for some limited manufacturing use within the building on the site. In the preparation of the zoning district, the City allowed the limited manufacturing facilities within the site with performance standards needed to address substandard conditions on the property with regard to building code, fire code and onsite conditions. Exhibit A is a copy of the approved zoning amendment. Following the approval of the zoning amendment, the City also approved a conditional use permit for PS Deck to enter the building. PS Deck, is a furniture finishing and painting company, which applies paint and finishes to cabinets and furniture. The following conditions were imposed on the PS Deck conditional use permit approval. 1. Shall meet all building and fire code requirements and approval for their building occupancy classification prior to occupancy. 14 2. The applicant shall demonstrate adequate and up to code utility services for the proposed use. 3. The parking shall be consistent with the submitted site plan with the following conditions. a. The paved parking area shall be dimensioned and striped per City Code. Disability parking shall be designated and striped according. b. The parking area on the east side of the building shall be designed and constructed in full compliance with City Code. c. All areas beyond the approved paved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. 4. All current outdoor storage must be cleaned up before the tenant can occupy. 5. All painting and or spraying must be conducted in the approve booth and no exterior fumes or byproduct may occur. Inspection of the site reveals that neither the property owner nor PS Deck have undertaken improvements outlined in conditions 3 and 4 above. The parking lot is not striped, the area east of the building has not been improved and exists in a gravel condition, areas beyond the existing pavement have not been restored to grass or landscaping. The dumpster and pallets are stored outside of the building. In this regard. PS Deck is in violation their 2019 conditional use permit. In 2019, Rigs to Rods occupied the west side of the building at 6737 LaBeaux Avenue NE. Upon recognizing the tenant change, the City Code enforcement required this business to pursue a conditional use permit to legally operate within this business. Rigs- to-Rods subsequently applied for conditional use permit for auto repair and an interim use permit for outdoor storage in the PUD / B-2A zoning district. In review of the Rigs-to- Rods, the City approved their conditional use permits with the following conditions. Auto Repair CUP: 1) The business parking shall be located on a paved surface; parking on dirt or grassed areas of the site is prohibited. The parking area shall be striped to provide 15 parking stalls and 1 disability parking stall shall be properly dimensioned to meet City Code. 15 2) All business operations and repairs shall occur within the building. No outdoor automobile repairs. 3) Trash and recycling handling equipment shall be kept within the building except for trash pick-up days. 4) The business's tenant bay shall meet all building and fire codes and receive a certificate of occupancy. Outdoor Storage Interim Use Permit: 1) Outdoor storage will be allowed as an interim use permit. The outdoor storage interim use permit will expire with a change of use for the tenant bay, or the redevelopment of the building or site. 2) The applicant shall provide the following additional information pertaining to the outdoor storage permit. a) Site plan showing the location, size, setbacks and access to the outdoor storage area. b) Fence detail showing the fence type, material, height and gate details c) Screening plan for the outdoor storage area. This is either a screen fence or landscape plan. d) Outdoor storage area surfacing plan that meets the surfacing requirements of the City. e) Until the outdoor storage area is approved and constructed the current illegal outdoor storage is removed from the site. f) Stacking of materials within the outdoor storage area above the height of the provided screening shall be prohibited. g) Outdoor storage beyond the approved and constructed outdoor storage area is prohibited. h) The items stored in the outdoor storage area shall be limited items related to the operation of Rigs to Rods. Outdoor storage of hazardous materials is prohibited. The aforementioned information shall be submitted for the review and approval of city staff prior to construction and use of the outdoor storage area. The aforementioned items shall be imposed as conditions for the operation and use of the interim use permit. Site inspection reveals that none of the required improvements have been made to the property. The area west of the building is predominately gravel. The dumpsters are located outside of the building. Following the City approvals, Rigs-to-Rods did not get their lease renewed and have left the building. Neither Rigs-to-Rods nor the property owner have implemented any of the improvements for either the conditional use permit or the interim use 16 permit. Whenever improvements associated with an approved conditional use or interim use permit are not initiated or utilized with one year of approval, such permits become null and void. This report is notice to the property owner that the previous Rigs-to-Rods CUP and IUP approval are null and void and they no longer are applicable to this property. This site history is provided to give an understanding of site conditions and the property owners response to the needed site improvements related to past approvals to allow the tenants occupying the site. Pro Concrete Countertops has occupied the building for several months. Again, City Code Enforcement have advised them that they needed a conditional use permit to occupy the site and that the building change of occupancy will trigger building and fire code requirements. Subsequently, Pro Concrete Countertops have submitted an application to allow limited manufacturing facility in the west end of the building at 6737 LaBeaux Avenue NE in compliance with the PUD/B-2A zoning district on this property. EXHIBITS: EXHIBIT A. PUD/ B-2A Zoning District EXHIBIT B. Site plan ANALYSIS: Exhibit A is the approved PUD / B-2A zoning district which overlays the 6737 LaBeaux Avenue NE. Within this zoning district, limited manufacturing production is allowed by conditional use permit. This report will evaluate the application against the applicable performance standards of the approved PUD /B-2A district. Within the approved PUD/B-2A, the PUD is consistent to the site plan (Exhibit B) and shall follow the conditions set forth below: 1. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy. Comment: The Albertville Building Inspector and Fire Chief have reviewed the site and building and have listed the following items are needed to issue an occupancy permit for the Pro Concrete Countertops. a. Building, mechanical, and fire suppression permits will be required. b. Building plans shall be designed by a MN licensed architect. c. In accordance with State Provision 1306, change of use will require the space to install a NFPA 13 fire suppression system. Previous tenant occupancy was a S-1, and proposed tenant for Pro Concrete Countertops will be F-1 occupancy. 17 d. Septic system and/or compliance report must be approved by Wright County prior to building permit approval. e. Alteration to a primary function or change of occupancy to a portion of the building shall be required to apply up to 20% of the building permit valuation for accessibility compliance. f. Provide handicap parking and accessible route to main entrance. g. Existing electrical system shall be reviewed by a licensed electrician to verify the existing electrical system will meet the current codes. Permit and inspection by state electrical inspector shall be required. h. The existing 2-hour fire wall shall remain in place and any penetration shall be fire stop. i. Verify trash enclosure/screening is required. No occupancy permit shall be issued until all the aforementioned items have been submitted, reviewed, and approved by the City Building and fire inspector. 2. The site shall abide by all B-2A zoning restrictions. a. Pro Concrete Countertops must pursue and have a conditional use permit and certificate of occupancy approved to remain in the building. Comment: Pro Concrete Countertops has applied for the conditional use permit. This report evaluates the application on its merit. b. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code, then connection to city utilities will be required. Comment: Septic system and/or compliance report must be approved by Wright County prior to building permit approval. Applicant must provide a description of anticipated water use and disposal. This description must include any type of wastewater and any particulate material being drained to the septic system. c. The parking shall be consistent to the submitted site plan with the following conditions: 1) The number of require parking stalls shall be determined by the tenant mix and use of floor space per City Code. 2) The parking area shall be dimensioned and striped per City Code. Disability parking shall be designated and striped accordingly. 3) The parking area on the east side of the building shall be designed and constructed in full compliance with City Code. Without construction details at this time, this parking area is not approved with this development application. 18 4) All areas beyond the approved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. Comment: The attached site plan (Exhibit C) does not show a parking lot design. The plan shows the limits of paved area, gravel and grass. The improvements required with the previous CUP approval have not been implemented. In review of the current application the following conditions will be recommended. 1. The conditions of the PS Deck CUP must be implemented. Specifically, that the area east of the building shall be designed with a paved loading area / parking area that meets the City zoning standards. Outside the paved loading and parking areas shall be restored from gravel to grass or a landscaping ground cover. 2. All parking areas shall be striped to delineate the parking stalls. Stalls shall be properly striped and dimensioned to meet City standards. 3. The parking lot shall be designed to provide disability parking stalls in the number and design to meet ADA standards. 4. Pro Concrete Countertops has not provided a breakdown of how the building will be used or an estimate of required parking. Based on the site plan, the office space will require 2 parking spaces and 5,000 sq. ft. of manufacturing will require 13 parking spaces for a total of 15 parking spaces. This parking requirement may be reduced with more information on how the business operates or how the building will be used. Pro Concrete Countertops must provide a site plan and narrative that demonstrates that they can meet the City's parking requirements. 5. West of the building consists of gravel and a concrete pad. Those areas not in a paved asphalt or concrete condition must be restored to grass or landscaped ground cover. The approved PUD/ B-2A zoning district for this site allows light manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways by conditional use permit provided the following conditions are met. 1. Required parking for the use shall be of a paved surface. Comment: As identified before, neither the previous tenants, property owners or the Pro Concrete countertops have demonstrated compliance with the City parking standards. 19 2. On-site loading and delivery shall meet the conditions of chapter 1300 of the Albertville Zoning Code. Comment: The loading and delivery areas for PS Deck do not comply with City zoning standards. Pro Concrete Countertops have not illustrated the location and design of a loading / delivery area for their portion of the building. The site plan must be revised to illustrate where the shipping and receiving will occur, along with a narrative describing the type and size of truck that will serve the site. 3. All trash and or recycling equipment shall be located within a trash enclosure or within the building. Comment: The building is out of compliance with this condition. Trash dumpsters are stored outside the building for both PS Deck and Pro Concrete Countertops. The building and site plan must show the location and design of an exterior trash enclosure. It must be designed and sized to meet the needs of the building tenants and designed to meet the City's zoning standards. The location of the trash enclosure must be accessible to garbage trucks. 4. Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impacts or nuisances on the adjoining properties or the environment. Comment: Pro Concrete Countertops must provide a narrative describing their business operation specific to the production materials, manufacturing process and waste disposal. Concern exists that the wastewater to the on-site septic system may carry concrete wash that may impair the system. A septic system and/or compliance report approved by Wright County prior must be submitted to the City prior to building permit approval. All operations must be conducted within the building, with over head doors closed to prevent nuisance noise issues. CONCLUSION The City approved a zoning change specifically for this property to allow light manufacturing uses and approved past conditional use permits allowing the property owner to lease to businesses like PS Deck and previous Rigs to Rods. These approvals were granted after these businesses had already taken occupancy within the building. The conditional use permits came with requirements to bring the building into compliance with building and fire codes to accommodate the change of occupancy and to improve the site to bring the new industrial use into compliance with the new zoning district. 20 Site inspection reveals that the required site improvements for parking, loading and green space have not been undertaken. This raises concern with gaining compliance with this new application. In review of the Pro Concrete Countertops application for conditional use permit to allow a light manufacturing use in the western 5,000 sq. ft. of the building at 6737 LaBeaux Avenue North, we offer the following recommendations. Termination of the Conditional Use Permits for Rigs-to-Rods. In 2019, the City approved conditional use permit for auto repair use and outdoor storage for Rigs-to- Rods which occupied the west half of the building at 6731 LaBeaux Avenue North. Conditions of approval have not been implemented within one year of approval. This report is notice to the property owner that these approvals are null and void. No auto repair or outdoor storage is permitted on the site. Pro Concrete Countertops Conditional Use Permit. Based on our review of the information provided and conditions of the site, Staff offers the Planning Commission the following two options to consider. Option 1. Approval of the Pro Concrete Countertops conditional use permit with the following conditions being completed prior to the receipt of a certificate of occupancy. 1. Building, mechanical, and fire suppression permits will be required. 2. Building plans shall be designed by a MN licensed architect. 3. In accordance with State Provision 1306, change of use will require the space to install a NFPA 13 fire suppression system. Previous tenant occupancy was a S- 1, and proposed tenant for Pro Concrete Countertops will be F-1 occupancy. 4. Applicant shall provide the City with septic system compliance report approved by Wright County prior to building permit approval. Applicant shall provide a narrative of the business water use. 5. Alteration to a primary function or change of occupancy to a portion of the building shall be required to apply up to 20% of the building permit valuation for accessibility compliance. 6. Existing electrical system shall be reviewed by a licensed electrician to verify the existing electrical system will meet the current codes. Permit and inspection by state electrical inspector shall be required. 7. The existing 2-hour fire wall shall remain in place and any penetration shall be fire stop. 8. The site plan shall show the location of an exterior trash enclosure and a construction detail for the enclosure that meets the City's zoning standards. The 21 trash enclosure shall be constructed prior to issuance of a certificate of occupancy of the tenant. 9. The applicant shall provide a floor area breakdown of the tenant bay by use to allow for a parking calculation. The applicant shall provide a revised site plan that illustrates the location of required parking, loading / delivery area that meets the zoning design standards with regard to stall and driveway dimensions, surfacing, the parking lot shall have striped parking stalls for the entire building. Parking lot and loading area improvements shall be constructed prior to issuance of a certificate of occupancy. 10.The applicant shall provide disability parking and accessible route to main entrance. The location and design shall be illustrated on the site plan. The disability parking shall be constructed prior to issuance of a certificate of occupancy. 11.All areas beyond the approved paved parking and loading areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. 12. Pro Concrete Countertops shall provide a narrative describing their business operation specific to the production materials, manufacturing process and waste disposal. 13.The City may grant a temporary Certificate of Occupancy to expire on June 17, 2022. This is the deadline for compliance with the conditions of the Conditional use permit. After this deadline, the business shall vacate the building if the full compliance is not achieved. 14. Due to the history of non-compliance with past approvals or the compliance with the approved PUD / B-2A zoning district unique to this property, the applicant / property owner shall post a financial security based on the City Engineer's estimate costs of the required parking lot, loading area, site restoration and trash enclosure improvements required with this conditional use permit approval. Said Security shall be held until the required improvements are completed and approved by the City or the business vacates the building. The issuance of the conditional use permit is contingent on the posting of said security and the conditional use permit shall not be issued or recorded until said security is provided to the City in a form acceptable to the City Attorney. Option 2. Due to the extent of the conditions outlined in Option 1 above, the Planning Commission may continue the application to the April 12, 2022, to allow the applicant to review the conditions outlined in this report and responds to these conditions with a revised site plan, narrative, building plans and on-site sewer compliance report approved by Wright County. Revised information shall be submitted to the City no later 22 than March 29, 2022, to be included in the April Planning Commission packet. If this option is chosen, City Staff will send the applicant a letter extending the review period for the conditional use permit. Cc. Mike Couri Maeghan Becker Paul Hiens Eric Bullen Randystangler(a)aol.com dian _proconcretecountertops.com 23 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2019- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE STANGLER PROPERTY LOCATED AT 6737 LABEAUX AVENUE IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended,relating to property legally described as: Stangler Property, PID 9 101500351402 and 101500351404, Wright County, Minnesota SECTION 2. The lots shall be rezoned from B-2A, Special Business District to PUD, Planned Unit Development/B-2A, Special Business District in order for the City to define the range of appropriate land uses and development performance standards unique to the property, subject to the following conditions: I. Within the approved PUD/B-2A,the PUD is consistent to the site plan (Exhibit A) and shall follow the conditions set forth below: a. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy. b. The site shall abide by all B-2A zoning restrictions. c. Rigs to Rods must pursue and have a conditional use permit and certificate of occupancy approved to remain in the building. d. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code, then connection to city utilities will be required. e. The parking shall be consistent to the submitted site plan with the following conditions: 1) The number of require parking stalls shall be determined by the tenant mix and use of floor space. 24 City of Albertville County of Wright Ordinance No. 2019-OOX EXHIBIT A 2) The-parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped accordingly. 3) The parking area on the east side of the building shall be designed and constructed in full compliance with city code. Without construction details at this time, this parking area is not approved with this development application. 4) All areas beyond the approved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. f. Outdoor storage as shown on the site plan is not approved with application. Consideration of the outdoor storage shall be under a separate future conditional use permit that is accompanied with plan details the response to the performance standards for this use. g. PS Deck shall pursue and obtain any necessary building and fire code approvals and a certificate of occupancy. 2. Within the approved PUD/B-2A, any future building expansions above and beyond the site plan must meet city code and follow the PUD/B-2A regulations. 3. Within the approved PUD/B-2A,permitted land uses shall be limited to the following: a. All permitted uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 4. Within the approved PUD/B-2A, permitted accessory uses shall be limited to the following: a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 5. Within the approved PUD/B-2A ,permitted conditional uses shall be limited to the following: a. All permitted conditional uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the 25 City of Albertville County of Wright Ordinance No. 2019-OOX appropriate development applications called for by the Albertville Zoning Ordinance. b. Light Manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways. 1) Required parking for the use shall be of a paved surface. 2) On site loading and delivery shall meet the conditions of chapter 1300 of the Albertville Zoning Code. 3) All trash and or recycling equipment shall be located within a trash enclosure or within the building. 4) Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impacts or nuisances on the adjoining properties or the environment. 6. Outdoor Storage Areas as an Interim Use Permit provided that: a. The outdoor storage area shall meet all of the performance standards of section 1000.7 of Albertville Zoning Code. b. The outdoor storage area meets lighting standards set forth in Section 1000.15 B.S. of Albertville Zoning Code. 7. Prohibited Uses include all those set forth in Section 4350.5 of the B-2A Zoning District. 8. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply. 9. The maximum building height shall follow the regulations in Section 4350.7 of the B-2A Zoning District. 10. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the special landscaping requirements of Section 4350.8 of the Albertville Zoning Code. 11. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the architectural standards of Section 4350.9 of the Albertville Zoning Code. 12. All new tenants will have to provide enough parking for their specific land use and follow all off street parking requirements set forth in Chapter 1200 of the Albertville Zoning Code. 26 City of Albertville County of Wright Ordinance No. 2019-OOX 13. Tenants shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 3rd day of June, 2019. Jillian Hendrickson,Mayor Kim Hodea, City Clerk 27 f 1 � ' LJIJ i 1 { ' 4 j jp I C) l 1 'i 1 EXHIBIT B 28