2022-06-14 Planning Commission Packet-
PLANNING COMMISSION MEETING
Tuesday June 14, 2022
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
March 8, 2022 Planning Commission Meeting (pages 1-6),
3. PUBLIC HEARINGS
a. Public hearing to consider a zoning text amendment to Sections 200 and 1000.24
SOLAR ENERGY SYSTEMS; pertaining to installation of building integrated solar
energy systems. (pages 7-12)
b. Public hearing to consider a city code amendment to Title 7 Motor Vehicles and
Traffic Sections 7-1-1 A and 7-12 and zoning text amendment to Sections 1000.15 -
Outdoor Storage and section 1200.4.F Off- Street Parking pertaining to the size of
motor vehicles allowed to be stored or parked on local streets and on residential lots.
(pages 13-23)
c. Public hearing to consider a zoning text amendment to Section 1000.5.C.3
Swimming pools pertaining to required fencing / enclosures around swimming pools
on single family and two family lots. (pages 24-28)
4. OTHER BUSINESS
a. Golf Cart / ATV Code amendment. (pages 29-36)
b. Integrate Properties Concept plan for Psyk property northeast quadrant of C.R. 19
and 53rd Street NE. (pages 37-44)
5. ADJOURNMENT
ALBERTVILLE PLANNING COMMISSION
TUESDAY, MARCH 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 Hayden, Huggins, and Council Liaison Zagorski.
Absent: Anderson and Smith.
Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan
Becker, Dian Mullis with Pro Concrete Countertops, Randy Stangler owner of
property located at 6737 Labeaux Avenue Ne, and resident Charles Atterberry.
Motioned by Buhrmann, seconded by Huggins to approve the agenda. Ayes:
Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and Smith. MOTION
DECLARED CARRIED.
2. MINUTES
Motioned by Hayden, seconded by Huggins to approve the February 8, 2022
Planning Commission meeting minutes. Ayes: Buhrmann, Hayden, and
Huggins. Nays: None. Absent: Anderson and Smith. MOTION DECLARED
CARRIED.
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.
Planning Commission Meeting Minutes
Regular Meeting of March 08, 2022
2
Brixius went over the recent history on what current approvals this new business already
has been given by the City. He stated that 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. Therefore, the Konz are now applying for
a new conditional use permit for a full-service drive through service lane.
Brixius went over the planners report and recommends the approval of a conditional use
permit to allow a drive-through service lane as illustrated in civil plans dated 2/14/2022
for Konz Crossing at 5703 Lachman Avenue Ne 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 out 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 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 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.
Commissioners discussed the property line dividing the two parcels, and discussed the
future building that could possibly go on the next parcel and if this would affect the future
building/parking lot.
Motioned by Huggins, seconded by Hayden to open the Public Hearing. Ayes:
Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and Smith. MOTION
DECLARED CARRIED.
Planning Commission Meeting Minutes
Regular Meeting of March 08, 2022
3
No one wished to speak.
Motioned by Hayden, seconded by Buhrmann to close the Public Hearing.
Ayes: Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and
Smith. MOTION DECLARED CARRIED.
Motioned by Huggins, seconded by Hayden to approve 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 with the conditions listed in the March 3, 2022 planner’s
report. Ayes: Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson
and Smith. MOTION DECLARED CARRIED.
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
Brixius informed Commissioners that Pro Concrete Countertops already occupies the west
tenant bay of the building located at 6737 Labeaux Avenue Ne. The City approved a change
in zoning to the building back in 2019 from a B-2A to a PUD/B-2A zoning district. This new
tenant is allowed within this zoning district with the approval of a conditional use permit
which they have applied for.
Brixius went over the history of the last conditional use permit that was approved on this
property in 2019 for PS Dec. He informed Commissioners on what is still outstanding for PS
Dec to comply with their conditional use permit.
Brixius recommends the following options for approval:
Option number 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.
Planning Commission Meeting Minutes
Regular Meeting of March 08, 2022
4
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
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 be 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.
Option number 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
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.
Planning Commission Meeting Minutes
Regular Meeting of March 08, 2022
5
Motioned by Huggins, seconded by Hayden to open the Public Hearing.
Ayes: Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and
Smith. MOTION DECLARED CARRIED.
Randy Stangler, the owner of the building, approached the podium. He
discussed the history of the building and the previous tenant, Rigs to Rods,
which he had to evict because of not complying with the conditional use
permit for the minor automotive.
Stangler and Brixius discussed the PS Dec tenant (the existing tenant next
door) conditional use permit and the outstanding items on that CUP that are
still not resolved.
Dian Mullis, owner of Pro Concrete Countertop, approached the podium. Dian
Mullis stated that there is stripping of the parking spots at the site. She
informed Commissioners about the improvements that Randy has made to
the site since she has been a tenant. He installed new siding and roofing, there
is a handicap accessible bathroom, he mows and does snow removal
regularly. Dian expressed that she does not understand why her use of space
would require a sprinkler system that would need to be installed. Brixius and
Commissioners informed her that the change of use from the previous tenant
is why the building needs to sprinklered.
Brixius recapped stating that Commissioners need to act on the Pro Concrete
CUP request, and that he will deal with PS Dec and their violations
administratively.
Brixius went over the options for recommendation with the Commissioners
as listed in the planner’s report dated March 3, 2022.
Motioned by Hayden, seconded by Huggins to close the Public Hearing.
Ayes: Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and
Smith. MOTION DECLARED CARRIED.
Motioned by Hayden, seconded by Huggins to approve a conditional use permit
application from Pro Concrete Countertops option one - to allow a light
manufacturing land use within the PUD-B-2A zoning district at 6737 Labeaux
Avenue NE as listed in the March 3, 2022 planner’s report. Ayes: Buhrmann,
Hayden, and Huggins. Nays: None. Absent: Anderson and Smith. MOTION
DECLARED CARRIED.
4. OTHER BUSINESS
Commissioners and Brixius discussed the East side of the Outlet Mall.
Planning Commission Meeting Minutes
Regular Meeting of March 08, 2022
6
5. ADJOURNMENT
Motioned by Huggins, seconded by Hayden to adjourn the meeting at 8:04p.m.
Ayes: Buhrmann, Hayden, and Huggins. Nays: None. Absent: Anderson and
Smith. MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________________
Maeghan M. Becker, Building Permit Technician
Mayor and Council Request for Action
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Solar panels 2022.docx
Meeting Date: 06/20/2022
June 8, 2022
SUBJECT: Solar Energy Systems
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: approve the attached zoning code amendment establishing the zoning regulation
for the installation of building integrated solar energy systems.
BACKGROUND: The City has received multiple applications for roof mounted solar panels in
the single-family residential neighborhoods. City Staff has treated these applications as
architectural features of the homes. In review of these application Building Inspection Staff
suggested the need for some zoning standards to address the location, setbacks, and design of
solar panel installation. The attached draft code amendment in in response to this Staff
recommendation.
KEY ISSUES:
• The code will only allow for building integrated solar systems. Ground mounted
freestanding systems are not permitted.
• The code will only allow for roof mounted building integrated solar systems. Wall
mounted systems are being avoided to reduce their impact on the architectural
appearance of the house.
• The Code establishes a setback from the edge and crown of roof.
• The property owner must demonstrate that the roof has the capacity to accommodate the
solar energy equipment’s weight and design, snow loads, and wind..
• Fire access on the roof must be preserved.
• Roof mounted solar on commercial, industrial and institution buildings will be treated as
mechanical equipment and will need to be screened from the public street and adjoining
properties.
• The safety standards are proposed to ensure that the solar energy system is a
conventional system and safety approved.
• A building permit is required for the installation of the any solar energy systems.
POLICY/PRACTICES CONSIDERATIONS: The City has been processing solar panels for
homes in Albertville. The attached code amendment memorializes the standards that have been
applied. These building integrated solar energy systems are treated as an architectural element of
the house and not a separate use of the property.
7
Mayor and Council Request for Action – June 20, 2022
Zoning Text Amendment – Solar Energy Systems Page 2 of 3
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Solar panels 2022.docx
Meeting Date: INSERT DATE
FINANCIAL CONSIDERATIONS: All solar panel requests will require a building permit and
related fee.
LEGAL CONSIDERATIONS: The proposed ordinance outlines the type, location, and design
of allowed solar energy systems in Albertville. In establishing these standards, we avoid future
issues related to freestanding solar panel requests and larger solar arrays.
Department/Responsible Person: Alan Brixius / City Planner
Submitted Through: Alan Brixius / City Planner
Attachments: Draft Solar Energy Zoning Amendment.
8
Mayor and Council Request for Action – June 20, 2022
Zoning Text Amendment – Solar Energy Systems Page 3 of 3
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Solar panels 2022.docx
Meeting Date: INSERT DATE
9
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2022 – ___
AN ORDINANCE AMENDING APPENDIX A, CHAPTER 200 DEFINITIONS AND
CHAPTER 1000, BUILDING AND PERFORMANCE REQUIREMENTS, SECTION
1000.24 SOLAR ENERGY SYSTEMS, OF THE ALBERTVILLE MUNICIPAL CITY
ZONING CODE,
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
Section 1. Chapter 200, Section 200.2 Definition is hereby amended to add the following:
Building-integrated Solar Energy System. A solar energy system that is an integral part of a
principal building, rather than a separate mechanical device, replacing or substituting for an
architectural or structural component of the building including, but not limited to, photovoltaic or
hot water solar systems.
Solar Energy System. A device or structural design feature, a substantial purpose of which is to
provide for the collection, storage, and distribution of solar energy for space heating or cooling,
electricity generation or water heating.
SECTION 2. Chapter 1000 Building and Performance Requirements, Section 1000.24. of the
Albertville zoning code is amended to add the following:
1000.24 SOLAR ENERGY SYSTEMS.
A. Zoning District Allowance. Roof-mounted, building integrated Solar energy systems in
accordance with the standards in this Chapter are allowed as a permitted in all zoning
districts.
B. Standards.
1. Building integrated solar systems shall be located on the roof top of the building.
Wall mounted systems shall be prohibited.
2 Height. Roof-mounted solar energy systems shall comply with the maximum
height requirements in the applicable zoning district.
10
City of Albertville
Ordinance No. 2022 - ___
Solar Energy Systems Page 2 of 3
3. Setbacks. Roof-mounted systems shall comply with all building setbacks in the
applicable zoning district and shall be setback eighteen (18) inches from the
perimeter and the crown of the roof on which the system is mounted.
4. Roof Mounting. Roof-mounted solar collectors on residential buildings may be
flush-mounted or bracket-mounted. Bracket-mounted collectors shall be
permitted only when a determination is made by the City Building Official that
the underlying roof structure will support apparatus with regard to wind, and
snow loads, and all applicable building standards are satisfied.
5. Screening. Roof-mounted solar energy systems on commercial, industrial, or
institutional buildings shall be treated as mechanical equipment and shall be
screened from view from adjoining properties or public streets.
6. Fire access. Roof-mounted solar energy systems shall provide a thirty-six (36)
inch unobstructed fire access lane at the periphery or through the solar energy
system.
7. Aesthetics. All solar energy systems shall minimize glare towards vehicular
traffic and adjacent properties.
C. Safety.
1. Standards. Solar energy systems shall meet the minimum standards outlined by
the International Electrotechnical Commission (IEC) ,the American Society of
Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM
International, British Standards Institution (BSI), International Electrotechnical
Commission (IEC), International Organization for Standardization (ISO),
Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation
(SRCC) or other standards as determined by the City Building Official.
2. Certification. Solar energy systems shall be certified by Underwriters
Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar
Rating and Certification Corporation or other body as determined by the City
Building Official. The City reserves the right to deny a building permit for
proposed solar energy systems deemed to have inadequate certification.
3. Utility Connection. All grid connected systems shall have an agreement with the
local utility prior to the issuance of a building permit. A visible external
disconnect shall be provided if required by the utility.
D. Permit. A building permit shall be obtained for any solar energy system prior to
installation.
:
11
City of Albertville
Ordinance No. 2022 - ___
Solar Energy Systems Page 3 of 3
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ____ day of July 2022.
Jillian Hendrickson, Mayor
______________________________
Kris Luedke, City Clerk
12
Mayor and Council Request for Action
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Vehicle Weight.docx
Meeting Date: 06/21/2022
June 8, 2022
SUBJECT: Vehicle Weight Classes and Load
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve City Code Amendment No. _____ amending the City Code, Title 7
Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with
Lugs; Vehicle Weight and Load; pertaining to vehicle weights / sizes permitted on local streets
in the City of Albertville.
Approve Zoning Text Amendment No.____ amending Section 1000.15 A.4: Outside Storage,
Residential, Commercial and Industrial Uses and Section 1200.4.F Off-Street Parking
requirements of the Albertville Zoning Code; limiting the weight and size motor vehicles
allowed to be parked or stored on a residential lot.
BACKGROUND: Currently the City Code and Zoning code limits the size of motor vehicles
parked on local streets or to be stored on residential lot not more than 12,000 gross weight. This
vehicle description has become obsolete and difficult to measure. Updating the code to include
MnDOT vehicle classifications allows vehicles to be easily identified. Implementing the
MnDOT’s vehicle classification scheme is more universal, easily understood, and allow city
officials and law enforcement to provide consistent identification and code enforcement.
MnDOT identifies classes 1-3 as most everyday passenger vehicles such as motorcycles, cars,
and trucks. Class 4 includes recreational vehicles. The majority of vehicles above class 3 are
larger commercial vehicles and do not belong in residential areas.
KEY ISSUES:
• The draft ordinances define and identify vehicles by class using MnDOT’s Vehicle
Classification Scheme.
• The draft ordinances are written to address both traffic and zoning codes independently.
• The draft ordinances specify that vehicle classes 1-3 (per MnDOT’s Vehicle
Classification Scheme) are permitted to be stored, operated, or parked on residential
streets and parking lots, allowing exceptions for deliveries, emergencies, etc.
• The draft ordinances provide an allowance for one class 4 recreational vehicle.
• Vehicles in classifications higher than 4, may still use local streets for public safety and
commercial service and deliveries.
13
Mayor and Council Request for Action – June 21,2022
Code Amendments – Vehicle Weights and Sizes Page 2 of 2
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Vehicle Weight.docx
Meeting Date: 06/21/2022
POLICY/PRACTICES CONSIDERATIONS: Albertville City Code Title 7 Motor Vehicles
and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle
Weight and Load addresses traffic and parking restrictions on local streets. Chapter 1000 General
Building and Performance Requirements Section 1000.15 A.4: Outside Storage, Residential,
Commercial and Industrial Uses address performance requirements for outdoor storage and
parking on private residential lots. The Council is asked to review the draft ordinance and
determine if the ordinance adequately addresses the update of vehicle weight restrictions in
residential zones.
FINANCIAL CONSIDERATIONS: Updating the code will not create additional cost or
administrative processing for the City.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council
have the authority to approve the code amendments which requires a majority vote of the City
Council and becomes effective upon publication.
Department/Responsible Person: Alan Brixius / Tara Kohl
Submitted Through: Adam Nafstad.
Attachments: Draft Motor Vehicle and Traffic Code amendment
Draft Outdoor Storage and Off-Street Parking Zoning amendment.
14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2022-___
AN ORDINANCE AMENDING SECTION 1000.15 A.4 OF ALBERTVILLE
MUNICIPAL CITY CODE, RELATING TO OUTSIDE STORAGE,
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 200.2, Definitions of the Albertville City Code is hereby amended as
follows:
MnDOT Vehicle Classification (VC): categorization of traffic by 13 vehicle types (motorcycles,
single unit trucks, semis with single or twin trailers, etc.); data is routinely collected on trunk
highways and some local roads and is used to produce Heavy Commercial Annual Average
Daily Traffic (HCAADT).
MnDOT Vehicle Classification Scheme: the axle spacings of vehicles to classify traffic into
thirteen vehicle types. For information on the specific vehicle types view the Vehicle
Classification Scheme table.
15
16
Section 2. Chapter 1000 General Building and Performance Requirements Section
1000.15 A.4: Outside Storage, Residential, Commercial And Industrial Uses is hereby
amended as follows:
1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL USES:
4. On and off-street parking of currently registered and operable passenger vehicles and trucks
that do not exceed a vehicle classification of 1-3 per MnDOT’s Vehicle Classification Scheme,
with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in
compliance with Section 1000.15.A.2 of the Albertville code. gross weight of twelve thousand
(12,000) pounds.
Section 2. Chapter 1200 Off Street Parking Requirements section 1200.4 F: General Provisions
is hereby amended as follows:
1200.4: GENERAL PROVISIONS
F. Residential Area Parking: On and off street parking facilities accessory to residential use
shall be utilized solely for the parking of licensed and operable motor vehicles passenger
automobiles; no more than one truck not to exceed gross capacity of twelve thousand (12,000)
pounds; not to exceed a classification 1-3 per MnDOT’s Vehicle Classification Scheme, with
the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in
compliance with Section 1000.15.A.2 of the Albertville code shall be permitted. and recreational
vehicles and equipment. Under no circumstances shall required parking facilities accessory to
residential structures be used for the storage of commercial vehicles or equipment or for the
parking of automobiles belonging to the employees, owners, tenants or customers of business or
manufacturing establishments.
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
17
______________________________
Kristine A. Luedke, City Clerk
18
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2022-___
AN ORDINANCE AMENDING THE CITY CODE, TITLE 7 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 1 GENERAL TRAFFIC PROVISIONS, SUBSECTION 2
VEHICLES WITH LUGS; VEHICLE WEIGHT AND LOAD
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 7-1-1, Definitions of the Albertville City Code is hereby amended as follows:
MnDOT Vehicle Classification (VC): categorization of traffic by 13 vehicle types (motorcycles, single
unit trucks, semis with single or twin trailers, etc.); data is routinely collected on trunk highways and
some local roads and is used to produce Heavy Commercial Annual Average Daily Traffic (HCAADT).
MnDOT Vehicle Classification Scheme: the axle spacings of vehicles to classify traffic into 13 vehicle
types. For information on the specific vehicle types view the Vehicle Classification Scheme table.
19
20
Section 2. Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection
2 Vehicles with Lugs; Vehicle Weight and Load is hereby amended as follows:
7-1-2: VEHICLES WITH LUGS; VEHICLE WEIGHT AND LOAD:
B. Weight:
1. It is prohibited for any person or party to drive any vehicle over any street or parking lot
when such vehicle has an axle weight load in excess of four (4) tons, unless permission is
obtained and granted by the city council.
2. It is prohibited for any person or party to operate, store, or park a truck of over twelve
thousand (12,000) pounds gross weight any vehicle above class 3 per MnDOT’s Vehicle
Classification Scheme, only vehicle classes 1-3, with the exception for one (1) class 4
recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of
the Albertville code, shall be permitted on any primarily residential street within the city, unless
said truck vehicle is actually actively engaged in emergency or city vehicle use or making a pick
up or delivery at a residential dwelling.
3. It is hereby prohibited to operate trucks having a gross weight of more than twelve
thousand (12,000) pounds vehicles having a classification of 4 or above per MnDOT’s Vehicle
Classification Scheme, only vehicle classes 1-3, with the exception for one (1) class 4
recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of
the Albertville code, shall be permitted on the following designated streets, unless said truck
vehicle is actually actively engaged in emergency or city vehicle use or making a pick up or
delivery at a residential dwelling:
Street From To
57th St NE Main Ave NE Barthel Industrial Dr NE
55th St NE Main Ave NE Barthel Industrial Dr NE
54th St NE Main Ave NE Barthel Industrial Dr NE
51st St NE Main Ave NE Barthel Industrial Dr NE
62nd St NE Lakeshore Dr W 63rd Street NE
C. Petty Misdemeanor Violation; Penalty: Any person, party or firm who violates any
provision of this section shall be guilty of a petty misdemeanor and upon conviction thereof,
shall be punished pursuant to section 1-4-1 of this code. (Ord. 1979-9, 11- 5-1979; amd. Ord.
2017-01, 1-3-2017; Ord. 2019-06, 9-16-2019)
21
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
______________________________
Kristine A. Luedke, City Clerk
22
23
Mayor and Council Request for Action
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Pool Fence.docx
Meeting Date: 06/21/2022
June 8, 2022
SUBJECT: Albertville Pool Fence Ordinance
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Zoning Code Amendment No. _____ amending the Zoning Code,
Chapter 1000, Section 1000.5 C.3, pertaining to swimming pools accessory to single family and
two-family lots and the required fences or enclosures to restrict access to swimming pools.
BACKGROUND: The City would like to adopt more specific and understandable language of
pool fence requirements. There have inquiries about allowing pool covers as an alternative to a
fence around the swimming pool. The pool cover is not a barrier that is always active or in place,
as it is removed when the pool is in use, therefore not a sufficient safety measure or enclosure for
a swimming pool. The redrafted code calls for an impenetrable enclosure or fence to prevent
unsupervised children from gaining access.
KEY ISSUES: The ordinance redraft would address the following issues:
• The redrafted ordinance includes more specific, understandable language of the pool
fence requirements.
• The redrafted ordinance defines that a fence or structure needs to be surrounding all
possible pool access points.
• Inground pools have specific fencing performance requirements including a minimum
fence height of 5 feet.
• Above ground pools have specific fencing performance requirements dependent on the
height of the pool wall above ground.
• Above ground pools that have side walls measuring between 24” and 48” in height from
the ground require a minimum fence height of 4 feet surrounding the pool.
• Above ground pools with side walls at or above 48” do not require a fence surrounding
the entire pool area and only requires an enclosure or safety mechanism at the access
point.
• General pool fencing material and design requirements, including locking gate
mechanisms. Fences and gates should not be easy to climb, having minimal hand and
foot holds to prevent children from gaining access.
POLICY/PRACTICES CONSIDERATIONS: Ordinance 1000.5 C.3.a of the Albertville City
Code address general building and performance requirements. The Council is asked to review the
24
Mayor and Council Request for Action – June 21, 2022
Zoning Text Amendment – Swimming Pools Page 2 of 2
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Pool Fence.docx
Meeting Date: 06/21/2022
draft ordinance and determine if the ordinance adequately addresses the desired fencing
requirements for swimming pools.
FINANCIAL CONSIDERATIONS: Redrafting the ordinance will not create additional cost or
administrative processing for the City.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council
have the authority to approve the code amendment which requires a majority vote of the City
Council and becomes effective upon publication.
Department/Responsible Person: Alan Brixius / Tara Kohl
Submitted Through: Adam Nafstad
Attachments: Draft Swimming Pool Zoning Amendment. ALBERTVILLE MUNICIPAL
CITY CODE, RELATING TO
25
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2022-____
AN ORDINANCE AMENDING SECTION 1000.5 C.3.a ALBERTVILLE
MUNICIPAL CITY CODE, RELATING TO SWIMMING POOL AND HOT TUB
FENCES
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Ordinance 1000.5 C.3.a., Swimming Pools and Hot Tubs of the Albertville City
Code is hereby amended as follows:
1000.5C: SWIMMING POOLS AND HOT TUBS:
3. Fences Or Enclosures To Restrict Access: All swimming pools for which a building permit is
required shall be provided with safeguards to prevent children from gaining uncontrolled access.
This can be accomplished with fencing, barrier, or other enclosure, or any combination thereof,
of sufficient density as to be impenetrable.
a. Inground Pools: Inground pools shall require a fence surrounding the pool area
measuring at least five feet (5') in height. Fences shall be constructed of a noncorrosive
material and shall not be easily climbable (chain link fences must be vinyl coated with slats
for screening). Fences should be constructed to have minimal handholds and footholds. The
size of openings within the fence should be minimized. The bottom of the fence shall not
allow more than four inches (4") clearance from the ground. All fence openings or points of
entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to
swimming pool areas shall be equipped with self-closing and self-latching devices where
the release mechanism of the device is placed at a minimum height of forty-eight inches
(48") from the bottom of the gate on a five-foot (5') fence.
b. Above Ground Pools: Above ground pools shall require a fence surrounding the pool
area at least four feet (4') in height for above ground pools with sidewalls between twenty-
four inches (24") and no more than forty-eight inches (48") in height. The above ground
pool structure itself may serve as a barrier if the top of the pool measures at least forty-
eight inches (48”) above grade and does not require a fence, provided that safeguards are in
place with a locking mechanism to be inaccessible to all small children. Safeguards may
include a ladder or steps designed to be secured, locked, or removed to prevent access, or
the entry point may be surrounded by a barrier such as those described in these guidelines.
Fences shall be constructed of a noncorrosive material and shall not be easily climbable
(chain link fences must be vinyl coated with slats for screening). Fences should be
constructed to have minimal handholds and footholds. The size of openings within the
fence should be minimized. The bottom of the fence shall not allow more than four inches
(4") clearance from the ground. All fence openings or points of entry into the pool
enclosure shall be equipped with gates or doors. All gates or doors to swimming pool areas
26
shall be equipped with self-closing and self-latching devices where the release mechanism
of the device is and placed at a minimum height of forty-two inches (42") from the bottom
of the gate on a four-foot (4') fence as described above, so as to be inaccessible to all small
children. Prior to filling the pool, the approved fence and/or barrier must be completely in
place and inspected and approved by the city building official.
c. Swimming pool fences shall comply with fence setback standards of section 1000.6 of
this chapter.
d. Required structure or safety fencing shall be completely installed within three (3)
weeks following the installation of the pool, before any water is allowed in the pool, and
prior to final inspection.
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
______________________________
Kristine A. Luedke, City Clerk
27
SWIMMING
POOLS
RESIDENTIAL SINGLE FAMILY
Permit Required: Building permits are required
for ALL pools over 24” in height or depth
whether in, on, or above ground. City Code 1000.5
A & B
Fences To Restrict Access: All swimming pools
that require a building permit must be provided
with safeguards to prevent children from gaining
uncontrolled access. Pool fences must comply
with the City fence standards in City Code 1000.6
Inground Pools: Inground pools require a fence
surrounding the pool area at least 5' in height.
Above Ground Pools: Above ground pools
require a fence surrounding the pool area at
least 4' in height for above ground pools with
sidewalls between 24" and no more than 48" in
height.
There is an excepƟon to the fence requirement if
the pool structure itself may serve as a barrier if
the top of the pool
measures at least 48” and
safeguards are in place
with a locking mechanism
to prevent children entry
into the pool.
Fencing Requirements:
· Fences shall be constructed of a noncorrosive
material and shall not be easily climbable.
· Fences should be constructed to have minimal
handholds and footholds.
· All fence openings or points of entry into the
pool enclosure shall be equipped with gates or
doors. All gates or doors to swimming pool
areas shall be equipped with self-closing and
self-latching devices.
For more informaƟon:
Phone: 763.497.3384
www.ci.albertville.mn.us
SWIMMING POOLS
Drainage: Back flush or pool drainage
water shall be directed onto the prop-
erty on which the swimming pool is
located and ulƟmately to public storm
sewer, if available.
Setbacks: Pools & pool decks shall not be located
in the required side yard of any zoning district and
shall not be located closer than 10' of the rear
property line. The filter unit, pump heaƟng unit,
and any noisemaking mechanical equipment shall
not be closer than 20' to any lot line or 10' from
any lot line if located within an insulated building
to buffer noise. Pools & pool decks shall not be lo-
cated beneath overhead uƟlity lines nor over un-
derground uƟlity lines of any type.
28
Mayor and Council Request for Action
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Class 2 ATVs.docx
Meeting Date: INSERT DATE
June 8, 2022
SUBJECT: Albertville Recreational Vehicle Ordinance
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve City Code Amendment No. _____ amending the City Code, TITLE 7
MOTOR VEHICLES AND TRAFFIC, CHAPTER 3: SNOWMOBILES AND
RECREATIONAL VEHICLES AND MOTORIZED GOLF CARTS; allowing Golf Carts
and Class 2 ATVs to travel on local public streets in the City of Albertville with an approved
City permit.
BACKGROUND: The City previously permitted the use of golf carts on public streets and
drafted a similar ordinance to address and allow class 2 all-terrain vehicles on public streets . We
have since learned that per Minnesota Statute 169.045 subd. 1 and subd. 2, recreational vehicles
and motorized golf carts are only authorized on public streets with a City approved permit. The
redraft of the ordinance implements a permit system, and outlines the permit application
requirements for golf carts and class 2 all-terrain vehicles be allowed to travel on public streets
within the City of Albertville.
KEY ISSUES:
The redraft of the Golf Cart / Class 2 All-Terrain Vehicle code amendment addresses the
following key issues.
• The redrafted ordinance includes items from the previous draft as well as the inclusion of
the permit requirements, process, and application.
• The application process is exclusive to Class 2 ATVs and motorized golf carts.
• Applications must be submitted per vehicle, with each providing proof of individual
insurance coverage.
• Golf Carts and Class 2 all-terrain vehicles may only travel on local streets; they are
prohibited on County and State roadways except when crossing at an intersection.
• Golf Carts and Class 2 all-terrain vehicles are prohibited from traveling on City
sidewalks, trails, and City parks.
• Golf Carts and Class 2 all-terrain vehicle drivers must be a licensed driver and obey the
traffic laws. This prohibits underage drivers from using class 2 all-terrain vehicles on
public streets.
• Hours of operation are limited to daylight hours unless the Golf Cart or Class 2 ATV is
equipped with head lights; taillight, brake lights and turn signals.
• All Golf Carts and / or class 2 ATV must be insured.
29
Mayor and Council Request for Action – (INSERT MEETING DATE)
(Class 2 All-Terrain Vehicle Amendment)
Page 2 of 2
C:\Users\Anna\OneDrive - NORTHWEST ASSOCIATED CONSULTAN\Desktop\Albertville June PC Packet\RCA Class 2 ATVs.docx
Meeting Date: INSERT DATE
• The redrafted ordinance outlines minimum equipment standards for Golf Carts and Class
2 ATVs traveling on public streets.
• St. Michael code allows class 2 ATVs on public streets with similar standards.
POLICY/PRACTICES CONSIDERATIONS:
City Staff has examined other cities with class 2 all-terrain vehicle regulations and presented
these options to the City Council in May 2022. Following this, the permit requirement was
discovered and implemented into the redrafted ordinance. The Council is asked to review the
redrafted ordinance and determine if the ordinance adequately addresses the permitting and use
of class 2 all-terrain vehicles and motorized golf carts on public streets in Albertville.
FINANCIAL CONSIDERATIONS:
The redrafted ordinance will require administrative processing and fee collection of the permits
to operate class 2 all-terrain vehicles and motorized golf carts on public streets within the City of
Albertville.
LEGAL CONSIDERATIONS:
Any licensed driver may operate a class 2 all-terrain vehicle or motorized golf cart with a valid
permit on local streets if the machine meets the equipment standards and they abide by the
regulations of this ordinance amendment and the traffic safety laws. The City will rely on the
Sheriff patrol for enforcement traffic violations.
Department/Responsible Person: Alan Brixius / Tara Kohl
Submitted Through: Adam Nafstad
Attachments:
Redrafted Albertville Code Change – Class 2 ATV
Recreational Vehicle Permit Application
30
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2022-___
AN ORDINANCE AMENDING THE CITY CODE, TITLE 7 MOTOR VEHICLES
AND TRAFFIC, CHAPTER 3 SNOWMOBILES, RECREATIONAL VEHICLES AND
MOTORIZED GOLF CARTS IN THE CITY OF ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Title 7 Motor Vehicles and Traffic, Chapter 3 Snowmobiles, Recreational
Vehicles and Motorized Golf Carts is hereby amended as follows:
Chapter 3 Snowmobiles, Recreational Vehicles and Motorized Golf Carts.
Section 2. Section 7-3-2, Definitions of the Albertville City Code is hereby amended as follows:
All-Terrain Vehicle: A motorized floatation-tired vehicle on not less than three (3) low pressure
tires and not more than six (6) tires. that is limited in engine displacement of less than eight
hundred (800) cubic centimeters and total dry weight of less than nine hundred (900) pounds.
All-Terrain Vehicle includes Class 1 All-Terrain Vehicles and Class 2 All-Terrain Vehicles as
defined below.
Class 1 All-Terrain Vehicle: Class 1 All-Terrain Vehicle means an All-Terrain Vehicle that has a
total width from outside of tire rim to outside of tire rim that is fifty (50) inches or less and a
total dry weight of less than nine hundred (900) pounds.
Class 2 All-Terrain Vehicle: Class 2 All-Terrain Vehicle means an all-terrain vehicle that has a
total width from outside of tire rim to outside of tire rim that is greater than fifty (50) inches but
not more than sixty-five (65) inches and a total dry weight of nine hundred (900) to one thousand
five hundred (1,500) pounds.
Section 3. 7-3-7: Motorized Golf Carts and Class 2 All-Terrain Vehicles:
A. Operation: Authorization to operate a motorized golf cart, class 2 all-terrain vehicle, on city
streets is by permit only. The following operating restrictions shall apply to the use of Golf
Carts and Class 2 All-Terrain Vehicles: Operation of class 1 all-terrain vehicles on city
streets is prohibited.
31
2
1. Permit Required: No golf carts or class 2 all-terrain vehicles may be operated on
public streets or property without obtaining a permit from the City.
a. A permit application supplied by the City must be submitted for each vehicle
and must include the following information:
1. Date
2. Name, address, and phone number of applicant
3. Copy of applicant’s driver’s license
4. Make, model, and VIN or serial number of vehicle
5. Proof of insurance including company name, policy number,
effective dates, and adequate coverage per section 7-3-7, A-10
of this Code for the vehicle.
6. Applicant shall demonstrate the vehicle complies with the
required equipment requirements of Section 7-3-7 C of this
code.
7. Other information as required by the City
b. Permit Fees: Permit fees shall be assessed for work governed by this Code
in accordance with the fee schedule as established in section 3-1-3 of this
Code.
c. Permit Term: Permits shall be granted for a period of three (3) years and
expire December 31st of the third year.
d. Permit Processing: The application review and issuance of permits shall take
approximately two (2) weeks from the date of application.
e. Owner-operator must have a valid permit accompanying the vehicle at all
times while operating on city streets and must present it upon request of a
law enforcement officer enforcing traffic laws.
2. Single File, Right Hand Lane: No person shall operate a motorized golf cart or class 2
all-terrain vehicle on the portion of any right of way of any street, except single file,
on the most right-hand lane when available for traffic or as close as practical to the
right-hand curb or edge of the roadway, except when passing another vehicle stopped
in that lane.
3. Private Property: No person shall operate a motorized golf cart or class 2 all-terrain
vehicle on the private property of another without lawful authority or consent of the
owner.
4. Speed Limit: The speed limit should apply as follows:
a. No person shall operate a motorized golf cart on streets or roadways at a speed
in excess of twenty (20) miles per hour.
32
3
b. No person shall operate a class 2 all-terrain vehicle above the posted speed
limit on any given city street or roadway.
5. Sidewalks And Paved Walkways: No person shall operate a motorized golf cart or
class 2 all-terrain vehicle on public sidewalks, pedestrian paths, or paved trails within
the city.
6. Times of Operation: No person shall operate a motorized golf cart or class 2 all-
terrain vehicle within the city during between sunset and sunrise without rear-facing
brake lights, turn signals, and headlights. They shall not be operated in inclement
weather, except during emergency conditions as provided in the ordinance, or when
visibility is impaired by weather, smoke, fog, or other conditions, or at any time when
there is insufficient visibility to clearly see persons and vehicles on the roadway at a
distance of five hundred (500) feet.
7. Stop And Yield Intersections: No motorized golf cart or class 2 all-terrain vehicle
shall enter any intersection without making a complete stop. The operator shall then
yield the right of way to any vehicles or pedestrians at the intersection, or so close to
the intersection as to constitute an immediate hazard if not yielded to.
8. Signaling: Motorized golf carts and class 2 all-terrain vehicles not equipped with
brake lights or turn signals must use appropriate hand signals to signal turns as
defined by Minnesota State Statute 169.19 Subd. 8.
9. Operators: Persons at least sixteen (16) years of age and holding a valid driver’s
license recognized by the State of Minnesota as permitting the operation of motor
vehicles in the state are allowed to operate a motorized golf cart or class 2 all-terrain
vehicle on streets within the City of Albertville.
10. Insurance: Motorized golf carts and class 2 all-terrain vehicles must hold valid
Minnesota vehicle insurance through the private market or the Minnesota Automobile
Insurance Plan. The applicant must provide evidence of insurance in compliance with
the provisions of Minnesota Statute 65B.48, subd.1 concerning insurance coverage
for the vehicle when applying for a permit.
11. Crossing: Motorized golf carts and class 2 all-terrain vehicles shall only be operated
on city owned streets and alleys within the boundaries of the city with the following
exception:
a. Motorized golf carts and class 2 all-terrain vehicles may cross any county or
state highway intersecting a city owned street.
B. Operation Prohibited in City Parks: It shall be illegal to operate a motorized golf cart or class
2 all-terrain vehicle within the boundaries of a city designated park.
33
4
C. Required Equipment: Motorized golf carts and class 2 all-terrain vehicles shall have the
following required equipment:
1. Brakes: Brakes adequate to control the movement of and to stop and hold the
motorized golf cart or class 2 all-terrain vehicle.
2. Mufflers: Standard mufflers which are properly attached and in constant operation
and which reduce the noise of operation of the motor to the minimum necessary
for operation. No person shall use a muffler cutout, bypass, straight pipe or similar
device on a motorized golf car or class 2 all-terrain vehicle, and the exhaust system
shall not emit or produce a sharp popping or crackling sound.
3. Rearview Mirror: The motorized golf cart or class 2 all-terrain vehicle shall be
equipped with a rearview mirror.
4. Slowing Moving Vehicle Sign: The motorized golf cart shall be equipped with a
slow-moving vehicle sign on the rear of the vehicle as provided for in Minnesota
Statues section 169.522, when operated on designated roadways.
D. Violations of is code shall be addressed per Section 7-3-6 of this code and may be result in
the revocation of the vehicle permit.
Section 4. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this _____ day of _________, 2022.
______________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________________
Kris Luedke, City Clerk
34
APPLICATION FOR
RECREATIONAL VEHICLE
PERMIT
City of Albertville
5959 Main Avenue NE, P.O. Box 9
Albertville, MN 55313
763.497.3384
www.ci.albertville.mn.us
DATE OF APPLICATION PERMIT FEE $ ☐ PAID
In accordance with Albertville City Ordinance Title 7 Chapter 3 Snowmobiles, Recreational Vehicles And Motorized Golf Carts—
Recreational vehicles are permitted to operate only on city streets, not state or federal highways, except to cross at
designated intersections. Recreational vehicles may only be operated on designated roadways from sunrise to sunset.
They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see
persons and vehicles on the roadway at a distance of 500 feet.
Every person operating a recreational vehicle under permit on designated roadways has all the rights and duties
applicable to the driver of any other vehicle under the provisions of M.S. Ch. 169.045, subd. 6.
All applicants must supply the following:
Proof of valid MN Driver’s license or ATV permit where applicable.
Proof of insurance in compliance with the provisions of Minnesota Statute 65B.48, subd.1.
NAME OF APPLICANT DATE OF BIRTH
ADDRESS CITY, STATE, ZIP
DRIVER’S LICENSE NUMBER ATV OPERATORS PERMIT (where applicable)
INSURANCE COMPANY POLICY NUMBER
VEHICLE INFORMATION
☐ GOLF CART ☐ CLASS 2 ATV
MAKE MODEL YEAR
VEHICLE IDENTIFICATION NUMBER (VIN) OR SERIAL NUMBER
SIGNATURE OF APPLICANT
By signing I acknowledge that I have read the rules above and agree and understand to abide by all rules and laws pertaining to this permit.
The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated
any of the provisions of the Albertville City Ordinance, Title 7 Chapter 3, or if there is evidence that the permit holder
cannot safely operate the recreational vehicle on the designated roadways.
35
Revised 2022
36
NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________
415 0 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: June 8, 2022
RE: Concept plan for Psyk Property West.
FILE NO: 163.05 General
PID: 101-500-013-200
BACKGROUND:
Integrated Properties are interested in acquiring the Pysk Property at the northeast
quadrant of the C.R. 19 and 53rd street intersection. They wish to pursue a residential
land use for his parcel. They have submitted a concept plan for the site and have
requested that the Planning Commission and City Council give them direction on the
acceptability of the proposed land use and site design to determine if they should
pursue formal development applications.
Action on a concept plan does not convey any development rights to the applicant.
Rather it provides information to allow the applicant to decide as whether they wish to
invest in and produce more detailed construction drawings and file a more formal
development applications with the City.
If the development proceeds the following development applications are needed.
1. Comprehensive Plan amendment, changing the proposed land use for the site
from commercial to low density residential and medium density residential.
2. Subdivision that will create the lots for development the dedication of the street
rights-of-way.
3. Zoning map amendment changing the zoning for the residential land use from R-
1 Single Family Residential District and B-2 Limited Business District to a PUD
Planned Unit Development zoning district. The PUD district is needed to
accommodate the proposed single family lot sizes and a townhome layout
(private streets).
37
2
4. PUD development Stage review.
ANALYSIS
Comprehensive plan: The 2030 Vision Study guides the west 500 feet of the parcel
abutting C.R. 19 for commercial land use with the balance of the property guided for low
density residential land use.
The Vision Study policies discourages losing commercially guided land for residential
development. However, the policy plan also states “…the City wishes to be open to
potential land uses and /or development options that may not be in line with the stated
ambitions of the Vision Study.” The city will consider concept plans showing land uses
that different from the Vision Plan’s proposed land use map and will evalu ate them for
consistency with the City’s goals and the potential benefit that may be derived from the
development.
The Vision Study transportation recommendations call for the extension of 53 rd Street
between Lachman Avenue and C.R. 19 creating a full intersection at C.R. 19. LaCenter
Avenue must be extended between Albertville Crossing to the north beyond 53 rd Street
to provide street access to the property to the south.
Zoning: Property is currently zoned a combination of B-2 Limited Business District
along C. R. 19 and R-1 Single family zoning district. The concept plan proposes a
combination single family homes and townhomes for the property. These are intended
to be owner occupied housing which is different from Integrated Properties’ “Preserve at
Albertville” single family rental development.
The concept plan proposes 65-foot-wide single family lots along the existing single
family neighborhoods to the east with townhomes on the west side of the property. A
commercial lot will be retained in the northwest corner of the property abutting
Albertville Crossings. The proposed single-family lots and townhome development will
require a change in Zoning to a PUD zoning district.
KEY ISSUES:
• The Concept plan proposes single family lots along Psyk 5th and 6th addition,
with local street connections into these existing neighborhoods. While the
proposed 65-foot-wide single-family lots are smaller than the adjoining R-1 single
family lots, the land use and housing product is the same and the density is
similar. The Applicants have indicated that these will be owner occupied homes.
This is compatible with the existing low density residential neighborhoods to the
east and the guided land use for this area of the city.
38
3
• The City will require the single family lots 11, 23, 27 to be enlarged to meet the
R-1 minimum lot size in width and area. These lots abut the side yards of R-1
lots in the existing neighborhoods.
• The townhomes are proposed to between the proposed single family area and
C.R. 19. These townhomes would be arranged along a private street which will
provide driveway access to the individual dwelling units. The townhome streets
do not interconnect with the single family neighborhood.
• The concept plan provides for the extension of 53rd Street NE consistent with the
City Vision Study. 53rd Street NE is a minor collector street having a full
signalized intersection with CR. 19. 53rd Street shall provide a 60-foot right-of-
way expanding to 70 feet entering CR.19. This street must be part of the initial
subdivision of the property. The proposed concept plan is an opportunity for the
complete build out the CR. 19 / 53rd Street NE intersection.
• The Concept plan must be revised to show the extension LeCenter Avenue.
LeCenter Avenue shall provide an 80-right-of-way matching the street to the
north. LeCenter Avenue right-of-way must be platted and constructed to the
adjoining property line to the south. The subdivision will need to show the right-
of way dedication and construction plans must comply with City Street
Standards. The need for the required LeCenter Avenue extension will impact
the number and arrangement of the townhome s within the concept plan.
• The extension of LaCenter Avenue south of 53rd Street NE will require its
construction over the drainage ditch / wetland along the south property line. The
location and design of this street extension will be an issue that must be resolved
with the preliminary plat.
• The subdivision abuts CR.19, any subdivision abutting a County road is subject
to County review. Past subdivisions to the north were required to plat
approximately 60 of right-of-way measured from the centerline of the CR.19.
The Concept plans a 60 foot right of way dedication for CR. 19. A right-in / right
out access from CR. 19 may be available across from the Kingston Crossing
access. This may be a benefit to a commercial property at the northwest corner
of this site. Developer shall be responsible for any CR. 19 improvements
required with this development.
• The Concept plan proposes the full development of the Psyk parcel allowing the
planning and improvements for the entire parcel and connections to the adjoining
neighborhoods and vacant parcel to the south. The proposed concept plan will
allow for the complete infill development of this property.
• Utilities are available to the site at three street locations.
• Integrated Properties will provide examples of the housing products they
propose for the site, for planning commission review.
39
4
• In considering the change in land use and the development pattern the Planning
Commission and City Council must consider the impact this development may
have on adjoining properties and future development requests. In looking at this
property specifically, the proposed low-density residential neighborhood is
compatible with the existing neighborhoods to the east. The concept plan would
preserve on commercial lot along CR. 19 along Albertville crossing, with homes
backing up to a commercial lot and ponding areas along the north lot line. The
parcel to the south is guided for commercial land use, however, this parcel is
physically separated from the concept plan by a large wetland and drainage
ditch. These physical barriers limit the interaction between the s ites exclusively
to the Lachman Avenue extension.
CONCLUSION:
Action on a concept plan does not convey any development rights to the applicant.
Rather it provides information to allow the applicant to decide as whether they wish to
invest in and produce more detailed construction drawings and file a more formal
development applications with the City. The planning Commission and City Council is
requested to provide some direction as to whether proposed land uses, and the general
concept plan design may be appropriate for this area of the City.
Maeghan Becker
Kris Luedke
Ian Peterson.
40
41
42
43
44