2012-04-10 PC Agenda Packet
PLANNING & ZONING COMMISSION
Tuesday, April 10, 2012
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
February 15, 2012 Planning and Zoning Meeting (pages 1-3)
3. PUBLIC HEARINGS
None
4. OTHER BUSINESS
a. Parkside Commercial/New Horizon Church PUD amendment to change the
minimum floor space for an assembly use from 1,500 square feet to 2,500 square feet
for property located 10904 57th Street (pages 4-19)
b. Neighbor’s Eatery conditional use permit for outdoor dining and off-site parking for
property located at 5772 Main Avenue (pages 20-34)
5. ADJOURNMENT
“A quorum of Council members may be present.”
UNAPPROVED
PLANNING and ZONING COMMISSION
MINUTES
February 15, 2012
CALL TO ORDER
Chair Kocon called the meeting to order at 7:02 p.m.
ROLL CALL
Commissioners Kocon, Lindberg, Olson, Totman, and Edgren were present. Council
representative Dan Wagner was absent.
Staff members present: City Planner Al Brixius, and Zoning Administrator/Building Official Jon
Sutherland.
APPROVAL OF AGENDA: The agenda was approved as submitted.
APPROVAL OF MINUTES: October 11, 2011
Totman moved, second by Lindberg to approve the October 11, 2011 meeting minutes with the
correction that Dale Edgren was in attendance and was not absent. Motion carried unanimously.
PUBLIC HEARINGS: None.
REPORT FROM STAFF: City Planner Al Brixius introduced a Visioning Study and Goal
Setting Report that was authorized by the City Council to undertake. Brixius added a 3 page
handout to the packet as follows;
TABLE 1- POPULATION, HOUSEHOLD, HOUSEHOLD SIZE.
TABLE 3 – AGE CHARACTERISTICS 1990, 2000, 2010.
TABLE 4 - MEDIAN AGE 1990, 2000, 2010.
Housing Units by Type 2000 – 2010.
Brixius introduced and reviewed the background and history behind the Visioning Study. In
December 2011, the City Council approved the undertaking of a community visioning study
intended to identify the issues and opportunities that city will face with regard to land use,
transportation, utilities, and community services over the next 20-30 years.
The Vision Study was identified as a tool to for the City Council to identify and prioritize future
land use, development ambitions and community investments for the City. The Council will
1
City of Albertville
Planning & Zoning Commission Minutes
February 14, 2012
Page 2 of 3
2
collectively define the City’s vision for the next 20-30 years, providing direction to staff with
regard to community priorities, policies, and goals.
Brixius reviewed his report and the maps, handouts, graphics, the history of the subdivisions in
the City, and discussed the amazing population growth over the last 20 years. He posed the
questions - What do we want to do with the remaining land? How should we look at future
growth, and uses for the land. Brixius stated we should be proactive for industrial growth if we
want to have a balanced community.
F. Kocon questioned Brixius as to why the industrial development has lagged behind the city’s
residential and commercial growth.
Brixius responded by saying that many issues effect industrial growth. Based on the
conversation with the property owners in northwestern Albertville the lack of the C.R. 19
interchange has reduced the viability of the land in this area of the community for industrial and
commercial growth. The southwest industrial park it may be the lack of large industrial lots.
The city’s lots along 52nd street range in size from 2 to 3 acres. This may deter development
interests. Economic Development is very competitive among cities as such the Albertville will
need to define its program for economic development marketing and potential incentives.
Brixius discussed the social profile and the changes from the 1990’s to the 2010 stating there has
been a slight reduction in the work force. He discussed life cycle housing and that as we mature
we should consider more live cycle housing and that with the visioning process we will discuss
more about the housing types and programs due to the cycle. Brixius commented that a vacancy
rate about 5% is normal.
Sutherland commented that foreclosures affect the vacancy rate and questioned if the 5%
included foreclosures. Brixius responded that the statistics are based on the census, the visioning
process will ask questions and seek input and this issue will be evaluated with the process.
Brixius reviewed the zoning and discussed the larger undeveloped properties in the city and
explained various access and development issues that impact them such as ingress, egress,
adjacent uses, street layouts and future connections. He noted the visioning would include
seeking input from neighboring communities and understanding the adjacent zoning, uses,
connections and transportation issues.
Brixius identified the steps in the Visioning Process and explained the planning commission and
the City Council’s roles in the Visioning Process.
The Council has approved the work program as noted in the staff report. Brixius noted the
Planning Commission will be an integral part to this visioning process.
Brixius reviewed the inventory process and stated the inventory will give the Council and the
Planning Commission a snapshot of existing conditions within the City providing a base of
information by which future plans can be made. It will provide a basis for identifying community
City of Albertville
Planning & Zoning Commission Minutes
February 14, 2012
Page 3 of 3
3
issues and opportunities. The inventory will be gathered using existing City map information
and the 2010 Census.
Brixius discussed the Tactics Interview process; NAC will conduct 30-45 minute interviews with
City staff members Property Owners, and the City Council and Planning Commission to identify
community issues and opportunities. NAC will prepare an Issues and Opportunity Summary and
Issues Map. This summary will identify both majority and minority opinions on each topic
issue. This information will be shared with each interview participant.
Brixius reviewed Workshops and Goal Setting. NAC will conduct a workshop with the Council,
Commission and staff to review the Issues and Opportunities Summary to identify the most
pressing concerns and goals for the City and rank them in priority order. The workshop group
will also be asked for ideas to implement the identified goals.
The community priorities will be added to the Issues Summary Report. NAC will work with
staff to prepare a summary of the next steps for implementing the community goals. The City
Council will be asked to review the final document and formally adopt the document as the
foundation for future decisions. The process gives everyone a voice, both individually and
collectively, in defining the future vision for Albertville
Brixius inquired about scheduling times for appointments for interviews, it was determined that
commissioners should contact Bridget Miller, and or Jon Sutherland for scheduling interviews.
OTHER BUSINESS None
ADJOURN
Totman moved, second by Olson to adjourn the meeting at 7:36 p.m. Motion carried
unanimously.
_______________________________________
Jon Sutherland Recording Secretary
4
PLANNING REPORT
TO: Larry Kruse
FROM: Alan Brixius / Richard Hoffman
DATE: April 4, 2012
RE: Albertville - Parkside Commercial Center PUD Amendment
FILE NO: 163.06 – 12.01
BACKGROUND
On September 2, 2008 an amendment to the Albertville zoning map was made
(Ordinance No. 2008-08) which created a PUD District for Parkside Commercial Center.
The PUD regulations allow for assembly uses with a maximum of 1,500 square feet of
floor space. Since then, New Horizon Church has occupied, by lease, a section of this
lot under the PUD’s regulations for assembly uses (2008-08, Section 2, subheading 7).
New Horizon Church, who currently leases a space of Lot 2, Block 1 of Parkside
Commercial Center, is requesting a lease renewal of three years or 36 months,
contingent upon an amendment to the current PUD regulations limiting floor space to
1,500 square feet for assembly uses within the PUD. Ordinance amendment No. 2008-
08, passed in September of 2008 for the Parkside Commercial Center, states in
subheading 7 of Section 2 that assembly uses are limited to 1,500 square feet of floor
space.
The church seeks to amend this to 2,500 square feet of floor space. The increased
floor space has been identified to be for increased administrative office space and
space for civic-minded non-profits for which they plan to provide space.
Attached for Reference:
Exhibit A - Site Location
Exhibit B - Letter of Interest Dated March 14, 2012
Exhibit C - Site Plan Detail
Exhibit D - PUD Ordinance Amendment (2008-08)
Exhibit E - PUD Ordinance Amendment (2012-__)
5
ISSUES ANALYSIS
Original Approval. Parkside Commercial was originally approved in 2000 as a three
building office condominium. Due to the site’s proximity to residential neighborhoods to
the west and south and its single point of access onto 57th Street, the City limited the
range of land uses through a PUD to low intensity office, retail and service uses.
In 2008, New Horizon Church sought a location within Albertville for its start up church.
They approached Parkside to lease a portion of the vacant 10904 57th Avenue building.
The previously approved PUD did not allow assembly land uses. The introduction of
this use raised the following concerns:
1. Assembly uses have activities and traffic issues that were more intense than the
previous approved PUD uses for the site. This use would be out of character
and potentially incompatible with surrounding land uses.
2. Traffic concerns were raised due to the potential of a growing congregation and
the limited access offered by the site design.
3. The City had concerns that with a growing congregation, New Horizon Church
would expand within the building and take over the site. This would be contrary
to the original PUD intent.
To accommodate New Horizon but protect the City’s interest, the City approved
Ordinance 2008-08, zoning the Parkside Commercial site to PUD District and
accommodating assembly uses on a limited scale (1,500 square feet) with additional
conditions (see Exhibit D). Parkside Commercial and New Horizon are now requesting
an adjustment to the minimum floor area from 1,500 square feet to 2,500 square feet.
Floor Space Limit. The initial reason for the regulations limiting the maximum floor
space for assembly uses to 1,500 square feet was to ensure that churches and other
assembly uses did not fill up the entire commercial building, changing the intended
character of the site. However this is not a concern any further as the building has
multiple tenants (veterinary clinic, chiropractor, insurance office). The church would
expand into the remaining vacant space, bringing the building to full occupancy.
Operation History. The City has not experienced any issues or complaints regarding
New Horizon Church at this location. If this amendment is approved, the church would
enter into a three year lease.
Parking. The site has shown to have ample existing parking and the result of this
amendment is not shown to affect parking demands significantly enough to result in a
parking shortage.
Building Modification. All site modifications as a result of this amendment are interior
and no exterior building changes are being approved in result to this amendment.
6
Therefore this is a non issue. Therefore, the church’s expansion is seen as a positive
step in the Parkside Commercial Center’s expansion into the other developable lots.
CONCLUSION/RECOMMENDATION
Based on the preceding review, our office recommends approval of the PUD
amendment to allow up to 2,500 square feet of floor space for assembly uses within the
PUD per Exhibit E ordinance standards.
c: Jon Sutherland
Mike Couri
Adam Nafstad
Merlin Bird Properties LLC
58 South 10th Avenue
Waite Park, MN 56387
Wright County, MN
Date Created: 4/4/2012
Parcel ID 101114CE
Sec/Twp/Rng n/a
Property Address
Alternate ID n/a
Class n/a
Acreage n/a
Owner Address n/a
District n/a
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload: 4/4/2012 8:11:44 AM
173 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
City/Township Limits
c
t
Parcels
EXHIBIT A7
EXHIBIT B8
EXHIBIT C9
EXHIBIT C10
EXHIBIT D11
EXHIBIT D12
EXHIBIT D13
EXHIBIT D14
EXHIBIT D15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2012-___
AN ORDINANCE AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE
PROPERTY AT PARKSIDE COMMERCIAL CENTER, LOCATED
WEST OF HIGHWAY 19 AND NORTH OF 57TH STREET NORTHEAST
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNEOSTA ORDAINS:
SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally
described as:
Lot 2, Block 1, Parkside Commercial Center
SECTION 2. The lot shall be rezoned from B-2A, Special Business District, to PUD, Planned
Unit Development District, in order to expand the permitted uses on the site, and subject to the
following conditions:
1. All site developments shall be consistent with approved plans for Parkside Commercial
Center dated March 15, 2005 and the conditions of City Council approval for said
development dated May 16, 2005.
2. The following landscape improvements shall be completed in accordance with the
approved Landscape Plan prior to the issuance of any new occupancy permit for the
existing building:
a. All dead plantings shall be replaced over the entire site.
b. The lawn around building #10904 57th Street NE shall be free of invasive weeds.
c. The construction debris located south of the existing building shall be cleaned up
and removed from the site.
d. Applicant shall install the full double row of coniferous trees for the full length of
the western property line per the approved Landscape Plan.
e. The area surrounding the trash enclosure shall be graded and finished with either
a retaining wall, landscaping, and/or a maintainable landscaped ground cover to a
finished condition.
f. Applicant shall install four deciduous trees along 57th Street NE per the approved
Landscape Plan.
g. The undeveloped areas of the site shall be reseeded and maintained to control
weeds.
h. The trash enclosure shall be repaired.
3. The permitted uses allowed by this rezoning to PUD, Planned Unit Development, are in
addition to the original permitted uses (Exhibit A).
EXHIBIT E16
City of Albertville
County of Wright
Ordinance No. 2012-__
Page 2
4. The Animal Veterinary Clinics shall be allowed in all three buildings (#10904, #10900,
and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with
no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance.
5. The Government and Public-Related Office Uses shall be allowed in all three buildings
(#10904, #10900, and #11004).
6. The Service Business Uses (on-site services only) shall be allowed in all three buildings
(#10904, #10900, and # 11004) and shall be limited to the approved (and excluded) list of
on-site service businesses, attached as Exhibit B.
7. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy
for Buildings #10904 and #10900, provided the following conditions are met:
a. Leasehold occupancy only;
b. Assembly use shall be accessory to a permitted office use;
c. Assembly use floor area not to exceed 1,500 2,500 square feet for the entire
Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial
Center;
d. No outdoor activities allowed; and
e. The assembly use shall not conflict with or result in a parking shortage within the
PUD site per Albertville’s parking requirements.
8. A definition of Assembly Use shall be added to the PUD agreement: Assembly Use: An
accessory use to an office business where people come together, congregate or meet for
the purpose of training, conducting business, education, or counseling.
9. The PUD zoning shall become effective after:
a. The Common Interest Community (CIC) declaration, by-laws, and related
association documents shall be revised as needed and shall be subject to the
review and approval of the City.
b. The Developer’s Agreement shall be revised as needed and shall be subject to the
review and approval of the City.
This amendment shall be in full force and effective immediately following its passage and
publication.
Approved by the Albertville City Council this ___ day of April 2012.
___________________________
Mark Meehan, Mayor
___________________________
Larry Kruse, City Clerk
Encls:
Exhibit A – Original List of Approved Uses, Exhibit B – List of Approved and Excluded Service Businesses
EXHIBIT E17
EXHIBIT E18
EXHIBIT E19
20
PLANNING REPORT
TO: Larry Kruse
FROM: Bob Kirmis / Alan Brixius
DATE: April 4, 2012
RE: Albertville - Neighbor’s Eatery and Saloon Conditional Use Permit
FILE: 163.06 - 12.02
BACKGROUND
Neighbor’s Eatery and Saloon has requested approval of a conditional use permit to
allow accessory outdoor dining at their restaurant located north of 57th Street and east
of Main Avenue (5772 Main Avenue).
The subject site is zoned B-4, General Business which allows accessory outdoor dining
by conditional use permit.
The outdoor dining area is proposed to be located on the south side of the building and
measures 824 square feet in area. The dining area is to be enclosed by a wrought iron
fence and is intended to accommodate four tables. Each table is proposed to have four
seats.
In conjunction with the conditional use permit request for accessory outdoor dining, the
applicant has also requested approval of a conditional use permit to allow off-site
parking. Such request is intended to accommodate increased off-street parking
demands.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Site Plan
Exhibit C - Building Elevation
Exhibit D - Site Plan Detail - Patio
Exhibit E - Site Plan Detail - Trash Handling Area
21
ISSUES AND ANALYSIS
Zoning. The subject site is zoned B-4, General Business. The B-4 District lists
“outdoor dining facilities” as a conditional use in the district.
CUP Evaluation Criteria. Section 400.2.F of the City Code establishes a list of general
criteria which must be considered for all conditional use permit requests. In this regard, the
Planning Commission and City Council must consider the possible adverse effects of the
proposed conditional use. Their judgment must be based upon the following factors:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
2. The proposed is or will be compatible with present and future uses of the area.
3. The proposed use conforms to all performance standards contained herein.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
5. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
6. Traffic generated by the proposed use is within capabilities of streets serving the property.
The subject site is guided for commercial use. In this regard, the proposed restaurant-
related use is considered to be generally consistent with and complementary to uses in this
area. As a condition of CUP approval (for both the accessory outdoor dining and off-site
parking requests), all applicable performance standards set forth in the Zoning Ordinance,
including screening requirements must be satisfied. These conditions will be subject to
detailed review and analysis in the following sections of this report.
Accessory Outdoor Dining CUP. Section 4500.4 of the City Code establishes a specific
set of conditions that must be satisfied for accessory outdoor dining facilities located within
B-4 Zoning Districts. The following is a listing of each condition followed by Staff comment:
A. The applicant shall be required to submit a site plan and other pertinent
information demonstrating the number, location and type of all tables, refuse
receptacles, and wait stations.
Comment. The applicant has submitted a site plan which illustrates the location of
tables and refuse receptacles. The site plan shows four tables with four seats at
each table. If approved, the CUP will limit the outdoor dining capacity to that
depicted on the site plan. In addition to the submitted site plan, the applicant
should also provide a lot survey which depicts building and property lines.
B. Access to the dining area shall be provided only via the principal building if
the dining area is a full service restaurant or tavern, including table waiting
22
service. All exit gates shall be marked "Exit Only" and shall meet all building
code requirements.
Comment. Access to the outdoor dining area is proposed to occur through the
restaurant. Specifically, access is proposed through a door located at the
northeast corner of the building. Recognizing that a residential use exists
approximately 15 feet to the east, it is recommended that the door be self-closing.
An “exit gate” is proposed on the west side of the outdoor dining area, facing Main
Avenue. As a condition of CUP approval, it is recommended that the gate be
marked as “exit only” with no exterior latch to allow access from Main Avenue.
C. The size of the dining area is restricted to seventy five percent (75%) of the
gross area of the current building, and shall maintain the lot requirements of
the district.
Comment. The footprint of the proposed outdoor dining area (824 square feet)
overlays approximately 20 percent of the gross floor area of the restaurant building
(4,200 square feet). Thus, this requirement has been satisfied.
D. The dining area is screened from view from adjacent residential uses.
Comment. The subject site is bordered by a commercial use on the north, an
institutional use to the west and single family residential uses to the south and
east. Thus, it is important that ample screening be provided south and east of the
outdoor ding area.
To the east, the dining area is adequately screened via an adjacent garage
(located upon the residential parcel) and a six foot high fence.
To the south, impacts are expected to be less as the dining area lies approximately
100 feet from the residential property. To minimize impacts from the dining area,
off-street parking area and to visually enhance the site however, a row of Lilacs
(10) is proposed along the south property line. In recognition of the required 30
foot visibility triangle at the Main Avenue / 57th Street intersection, lower-lying Day
Lilies are proposed. The proposed plantings are considered acceptable.
One concern which does exist relates to the deck area located at the southeast
corner of the building. While the deck aligns with the adjacent garage to the east
(a positive feature), it lies only 9 feet from the adjacent residential property. To
minimize impacts associated with smoking and interior bar noise it is
recommended that a vertical fence or wall be constructed on the east side of the
deck. Such fence or wall should match the height of the adjacent restaurant
doorway.
23
E. All lighting shall be hooded at ninety degrees (90°) and directed away from
adjacent properties. No luminaries shall extend beyond the ninety degree
(90°) cutoff.
Comment. It has not been indicated whether or not any exterior lighting is
proposed. If proposed, lighting locations should be identified on the site plan and
details should be provided regarding fixture type. All lighting must be hooded at 90
degrees and luminaries must not extend beyond the 90 degree cutoff.
F. No outdoor dining shall be allowed on the public sidewalk.
Comment. Outdoor dining is to be confined to the proposed outdoor dining area
as illustrated on the submitted site plan. Outdoor dining is not proposed to be nor
will be allowed to occur upon the Main Avenue sidewalk.
G. The dining area is surfaced with concrete bituminous or decorative pavers or
may consist of a deck with wood or other flooring material that provides a
clean, attractive, and functional surface.
Comment. The outdoor dining area is to be surfaced in concrete.
H. A minimum width of thirty six inches (36") shall be provided within aisles of
the outdoor dining area.
Comment. According to the submitted patio detail, a six foot wide aisle is
proposed on the south side of the dining area tables. Thus, this requirement has
been satisfied.
I. Off street parking shall be adequate for both indoor and outdoor seating
areas.
Comment. In conjunction with the accessory outdoor dining CUP request, the
applicant has also requested approval of a conditional use permit to allow off-site
parking. Such additional parking is needed to accommodate increased parking
demand generated by the outdoor dining activities. Details related to the off-site
parking request will be addressed in a latter section of this report.
To be noted is that the applicant is proposing to surface the restaurant’s existing
gravel parking lot in asphalt with a perimeter curb. Such improvement will rectify
an existing legal nonconforming condition and is considered positive. All parking
stall and drive aisle widths have been found to meet the minimum requirements of
the Ordinance. In regard to off-street parking, the City Engineer has
recommended the following:
1. Parking lot elevations and elevations of adjacent Main Avenue and 57th
Street be identified.
24
2. In lieu of curbing on the west side of the parking lot, wrought iron fencing
similar to that proposed around the outdoor dining area should be installed.
It is believed such fencing will eliminate pedestrian movement conflicts in
the area.
3. The applicant provide a detail of the parking lot’s catch basin.
4. The applicant demonstrate compliance with American Disability Act
requirements.
J. Refuse containers are provided for self-service outdoor dining areas. Such
containers shall be placed in a manner which does not disrupt pedestrian
circulation, and must be designed to prevent spillage and blowing litter.
Comment. Two refuse containers are proposed to be located on the east side of
the outdoor dining area, within a fenced enclosure. It does not appear however,
that such containers are to be self-service and directly serve to outdoor dining
area. As a condition of CUP approval, a detail of the proposed enclosure should
be provided. Additionally, a self-service refuse container should be provided
within the outdoor dining area.
K. Property owners shall pick up litter within one hundred feet (100') of the
patio area.
Comment. This requirement will be made a condition of CUP approval.
L. Live outdoor music performance shall meet the requirements of Section 5-5-
3 of the City Code.
Comment. No live music is proposed in conjunction with the outdoor dining
activities. The prohibition of such activities will be made a condition of CUP
approval.
M. No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the outdoor sales
area.
Comment. No noise generating devices are proposed to be located within the
outdoor dining area. The prohibition of such devices will be made a condition of
CUP approval.
N. No outdoor bar, cooking facility, food preparation or holding area shall be
established.
Comment. No food preparation activities are proposed within the outdoor dining
area. The prohibition of such activities will be made a condition of CUP approval.
25
O. The City Council may limit the hours of operation.
Comment. In recognition of the adjacent residential uses, it is recommended that use
of the outdoor dining area be limited to daytime hours. In this regard, it is
recommended that outdoor dining activities be allowed only between the hours of 9:00
am and 9:00 pm.
Off-Site Parking CUP. Section 1200.11 of the City Code establishes a specific set of
conditions that must be satisfied for off-site parking. The following is a listing of each
condition followed by Staff comment:
A. Any off site parking which is used to meet the requirements of this ordinance
shall be a conditional use as regulated by chapter 400 of this ordinance and
shall be subject to the conditions listed in this section.
Comment. The submitted restaurant site plan illustrates 17 off-street parking
stalls. According to the Zoning Ordinance, restaurant uses must provide at least
one space for each 40 square feet of gross floor area of dining and bar area and
one space for each 80 square feet of kitchen area.
While the subject site’s existing off-street parking supply does not meet the current
supply requirement of the Ordinance, it is considered a legal nonconforming
condition. Any expansion of the use however, may only be allowed in
conformance with Ordinance requirements. In this regard, additional parking must
be provided to accommodate the expanded dining area space.
To address this issue, the property owner has reached an agreement with St.
Albert Catholic Church to the west to accommodate overflow parking. To be noted
is that the term of the agreement is for one year but may be renewed by joint
agreement.
B. Off site parking shall be developed and maintained in compliance with all
requirements and standards of this Ordinance.
Comment. No modifications to the St. Albert Church parking lot are proposed.
C. The parking lot is to be used only for the parking of passenger automobiles
of employees, customers or guests of the person or firm controlling and
operating the lot, said person to be responsible for its maintenance.
Comment. The church parking lot is intended to be used only by the church and
as overflow parking for the restaurant. The church will be responsible for the
maintenance of the parking lot.
D. The parking lot is not to be used for sales, repair work or servicing of any
kind.
26
Comment. The church parking lot is not to be used by the restaurant for anything
other than parking. Any sales activities which occur in the lot would be associated
which church operations.
E. Reasonable access from off site parking facilities to the use being served
shall be provided.
Comment. The church parking lot lies directly west of the restaurant. In this
regard, the parking lot can be reasonably accessed by restaurant patrons.
F. Except as provided below, the site used for meeting the off site parking
requirements of this ordinance shall be under the same ownership as the
principal use being served or under public ownership.
Comment. The parking lot to be used to supplement of parking needs of the
restaurant is owned by St. Albert Catholic Church, a semi-public entity.
G. Off site parking for multiple-family dwellings shall not be located more than
one hundred feet (100') from any normally used entrance of the principal use
served.
Comment. Not applicable.
H. No advertising sign or material is to be located on the property where the
parking lot is located.
Comment. As a condition of CUP approval, the applicant will not be allowed to
advertise upon the church parcel.
I. All parking is to be kept back of the building setback line by barriers unless
otherwise specifically authorized by the council.
Comment. It does not appear that the existing church parking lot is “kept back” of
the church setback line. No changes to the church parking lot are proposed.
J. Except as provided below, off site parking for nonresidential uses shall not
be located more than three hundred feet (300') from the main public entrance
of the principal use being served.
Comment. It is estimated that the church parking lot lies approximately 70 feet
from the restaurant’s main entrance. Thus, this requirement has been satisfied.
K. Any use which depends upon off site parking to meet the requirements of
this ordinance shall maintain ownership and parking utilization of the off site
location until such time as on site parking is provided or a site in closer
proximity to the principal use is acquired and developed for parking.
27
Comment. The proposed accessory outdoor dining activities are considered
acceptable only so long as supplemental or expanded parking is provided. Should
the parking lease with the church be terminated, it is recommended that the
outdoor dining activities cease.
L. Compliance with off street parking requirements provided through leased off
site parking may be approved by the council, subject to the following
conditions:
1. The lease shall specify the total number and location of parking
spaces under contract, and this number, when added to any on site
parking required, must be equal to the total number of parking
spaces required.
2. The lease shall document and specify easements related to the
properties in question and the parking areas.
3. The lease instrument shall legally bind all parties to the lease and
provide for amendment or cancellation only upon written approval
from the city.
4. The lease agreement shall incorporate a release of liability for the
city and from any provisions that are deemed necessary to ensure
compliance with the intent of this ordinance, as recommended by the
city attorney.
Comment. The lease agreement provided to the City as part of the CUP
application simply states that the Neighbor’s Eatery and Saloon may utilize the
east parking lot on the church property for patron overflow parking. The
acceptability of the lease agreement should be subject to comment and
recommendation by the City Attorney.
M. Any such other conditions as may be deemed necessary by the city council
to protect the welfare and character of the nearby land uses.
Comment. If the lease agreement expires, the outdoor dining will become a illegal
nonconforming use. As such, the tables and chairs must be removed and the outdoor
dining activities must stop.
CONCLUSION / RECOMMENDATION
Based upon staff review of the application, our office recommends the following:
A. Approval of the conditional use permit to allow accessory outdoor dining upon the
subject property subject to the following conditions:
28
1. The City approve the off-site parking conditional use permit. Should the
lease for off-site parking be terminated, outdoor dining activities shall
cease and related tables and chairs shall be removed.
2. The applicant provide a lot survey which depicts building and property
lines.
3. Capacity of the outdoor dining area shall be limited to four tables with four
chairs at each table as illustrated on the site plan.
4. Access to the outdoor dining area shall only occur through the restaurant.
5. Parking lot elevations and elevations of adjacent Main Avenue and 57th
Street be identified.
6. In lieu of curbing on the west side of the parking lot, wrought iron fencing
similar to that proposed around the outdoor dining area be installed.
7. The applicant provide a detail of the parking lot’s catch basin.
8. The applicant demonstrate compliance with American Disability Act
requirements.
9. The door located at the northeast corner of the building (which provides
access to the outdoor dining area) shall be self-closing.
10. A detail drawing of the proposed trash enclosure shall be provided. Such
plan shall be subject to City approval.
11. The gate located at the west side of the outdoor dining area, facing Main
Avenue, shall be marked as “exit only” with no exterior latch to allow
access from Main Avenue.
12. The property owner shall pick up litter within one hundred feet (100') of the
outdoor dining area.
13. A vertical fence or wall be constructed on the east side of the deck located
at the southeast corner of the building. Such fence or wall shall match the
height of the adjacent restaurant doorway.
14. If proposed, lighting locations shall be identified on the site plan and
details shall be provided regarding fixture type. All lighting shall be
hooded at 90 degrees and luminaries shall not extend beyond the 90
degree cutoff.
15. Outdoor dining shall be confined to the proposed outdoor dining area as
illustrated on the submitted site plan.
29
16. A self-service refuse container shall be provided within the outdoor dining
area.
17. No live music or electronically amplified noise generating devices shall be
allowed within the outdoor dining area.
18. No food preparation activities shall be allowed within the outdoor dining
area.
19. Outdoor dining activities shall be allowed only between the hours of 9:00
am and 9:00 pm.
20. Comments of other City staff.
B. Approval of the conditional use permit to allow off-site parking (for the restaurant
use) subject to the following conditions:
1. The City approve the accessory outdoor dining conditional use permit.
2. Should the lease for off-site parking be terminated, outdoor dining
activities shall cease and related tables and chairs shall be removed.
3. No restaurant advertising shall be allowed upon the church parcel.
4. The acceptability of the lease agreement between the church and the
restaurant shall be subject to comment and recommendation by the City
Attorney.
5. Comments of other City staff.
pc: Mike Couri
Jon Sutherland
Adam Nafstad
Holtz and Holtz LLC
13254 Jackson Street
Becker, MN 55308
Wright County, MN
Date Created: 4/4/2012
Parcel ID 101013001041
Sec/Twp/Rng 1-120-24
Property Address 5772 MAIN AVE NE
ALBERTVILLE
Alternate ID n/a
Class 233 - COMM LAND & BLDGS
Acreage n/a
Owner Address n/a
District n/a
Brief Tax Description Sect-01 Twp-120 Range-024 EULL'S ADDN Block-001 W89.53FT OF LTS 3,4,&5 BLK1 EX N 3.50FT
(Note: Not to be used on legal documents)
Last Data Upload: 4/4/2012 8:11:44 AM
43 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
City/Township Limits
c
t
Parcels
EXHIBIT A30
EXHIBIT B31
EXHIBIT C32
EXHIBIT D33
EXHIBIT E34