2013-07-09 PC Agenda Packet
PLANNING & ZONING COMMISSION MEETING
Tuesday, July 9, 2013
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
June 11, 2013 Planning and Zoning Meeting (pages 1-2)
3. PUBLIC HEARINGS
a. Consider request of Guardian Angels of Elk River Inc./Evans Park Inc. for review of
a Comprehensive Land use Plan Amendment, Rezoning from R-1A to R-7/PUD,
Preliminary and Final Plat, and Site and Building Plan Review for a 60 unit senior
housing complex at the southwest corner of Kassel Avenue NE and County Road 18
in Albertville (pages 3-29)
b. Consider request of Federated Coop Inc. for a Preliminary and Final Plat and a
Rezoning to B-3/PUD zoning to allow agri-business use and PUD design flexibility
on the parcel located at 11229 60th Avenue in Albertville (pages 30-40)
c. Consider amendment to Section 1000.5.C, Section 1000.5.D, and Section 1000.6.G
of the Albertville Zoning Ordinance pertaining to fence heights around above-ground
pools and fence heights for front yard fences (pages 41-45)
4. OTHER BUSINESS
a. Consider a resolution finding for the use of tax increment financing in the
development of Engel Haus Guardian Angels senior housing project is consistent
with the Albertville Comprehensive Plan (page 46)
5. ADJOURNMENT
City of Albertville
5959 Main Avenue NE
P. O. Box 9
Albertville, MN 55301
(763) 497-3384
1
PLANNING AND ZONING COMMISSION MEETING
TUESDAY, JUNE 11, 2013
1. CALL TO ORDER:
Chair Totman called the meeting or order at 7:00 p.m.
2. ROLL CALL:
Commissioners present: Chair Totman, Commissioners Kocon and O’Brien
Commissioners absent: Lindberg and Edgren and Council Liaison Wagner
Staff members present: Alan Brixius and Sue Schwalbe
Other Present/Public: None
3. APPROVAL OF AGENDA
Kocon moved, second by O’Brien to approve agenda as submitted.
Motion carried unanimously.
4. APPROVAL OF MINUTES:
Kocon moved, second by O’Brien to approve minutes as submitted.
Motion carried unanimously.
5. PUBLIC HEARINGS
Consider a Zoning Amendment to Section 1200 of the Albertville Zoning Ordinance
prohibiting coal tar-based sealants for use in the construction and/or maintenance of
parking lots or driveways in Albertville.
Mr. Brixius presented the Planning Commission with his report for their consideration.
Mr. Brixius stated State and Local agencies do not use coal tar-based sealants; however the
product is often used in the private sector for driveways and parking lots. Removal of storm
water sediment containing PAH’s is costly and the adoption of this Ordinance will assist the City
to be consistent with State Statutes and benefit in grant applications.
Commissioner O’Brien inquired as to the enforcement of this Ordinance. Mr. Brixius explained
it would be the responsibility of the contractor and or vendor to provide documentation to the
City.
Mr. Brixius went on to explain that enforcement is an area of concern and could be used as an
educational tool to assist Residents in making good decisions.
Planning and Zoning Commission Minutes
06-11-13
Page 2 of 2
2
Public Hearing Opened at 7:15 p.m.
Public Hearing Closed at 7:15 p.m.
O’Brien moved, second by Kocon to close public hearing and adopt Zoning Amendment to
Section 1200 of the Albertville Zoning Ordinance.
Motion carried unanimously
6. DISCUSSION OF USES FOR 5447 COUNTY ROAD 19.
Mr. Brixius stated this item is for informational and discussion only. The property at 5447
County Road 19 is zoned and guided B-2 commercial legal non-conforming use. The site
consists of one residence and one detached outbuilding on 2 acres.
The corridor along Labeaux Avenue NE from Jason Avenue NE to 50th Street NE to Interstate 94
is planned for commercial land use. The 2030 Vision Study lists the goals to maintain current
planned commercial land use patterns and zoning and also indicates the City should infill
commercial development to ensure proper access, quality site design, and quality architecture.
The site access will be an important driver of the commercial development.
The Planning Commissioners concurred with staff to provide to interested parties that the site
may be used either as a single family home or converted entirely to commercial uses.
7. DISCUSSION OF POTENTIAL CHURCH SITE
Northwest Bible Church met with staff to discuss potential locations for a church site. Staff
indicated approximately 5 acres of land would be needed and a PI (Public Institute) zoning. Staff
reviewed costs that would be incurred including but not limited to land development review,
SAC, WAC, utility connections, etc. Staff will continue to meet with church representatives.
8. UPDATE ON DEVELOPMENT APPLICATION
Mr. Brixius spoke briefly to update the Commission on the Guardian Angels project. Discussing
zoning, plat review, site plan review and Tax Increment Financing. Also a short discussion of
the Kassel Avenue NE and 50th Street NE improvements.
9. ADJOURNMENT
O’Brien moved, second by Kocon for adjournment.
____________________________________________
Sue Schwalbe, Recording Secretary
3
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Emily Shively
DATE: July 3, 2013
RE: Albertville – Guardian Angels Rezoning, Preliminary and Final Plat, and Site and
Building Plan Review; Kassel Avenue NE and County Road 18
FILE: 163.06 – 13.09
BACKGROUND
Guardian Angels of Elk River has submitted a request for rezoning, preliminary and final plat
and site plan review for a senior housing complex at the southwest corner Kassel Avenue NE
and County Road 18 (historically referred to as Albert Villas 7th Addition).
The 15 acre parcel has remained vacant after the completion of the other Albert Villas
additions. The city had identified the parcel as one of several available that could be utilized
for senior housing and plans for senior housing on this site have been under consideration
since 2007. Guardian Angels of Elk River, Inc. was able to acquire the land for a cost that has
enabled their proposed project to move forward at this time.
The proposal is to build a two-story senior housing campus with a German half-timbered
architectural theme titled “Engel Haus.” Phase I of the campus will include a secure wing for
16 memory impaired residents, 14 assisted living apartments, and 30 apartments for more
independent seniors. Services will be provided such as housekeeping, meals, social activities,
and medical services. Amenities will include a small bistro restaurant, hair salon, and fitness
room for the exclusive use of residents and employees. A future phase will approximately
double the square footage of the campus.
To enable the proposed project to proceed, the following development applications will be
required:
1. Comprehensive Plan Amendment: Change the land use designation from low density
residential to high density residential.
4
2. Rezone the property from R-1A to R-7/PUD, Residential Special Purpose, High Density
District/Planned Unit Development District to allow the proposed use and provide
flexibility in design of the campus.
3. Preliminary and final plat (to be considered simultaneously).
4. R-7/Planned Unit Development site and building plan review.
The following exhibits are attached for reference:
Exhibit A1 Preliminary and Final Plat for Guardian Angels of Albertville
Exhibit A2 Preliminary and Final Plat for Guardian Angels of Albertville with additional detail
Exhibit B Vacation Description Sketch for Guardian Angels of Albertville (portions of Kassel
Avenue NE)
Exhibit C Proposed Site Plan Rendering
Exhibit D Building Elevations with materials indicated
Exhibit E First Floor Plan
Exhibit F Second Floor Plan
Exhibit G Site Plan
Exhibit H Utility Plan
Exhibit I Grading Plan
Exhibit J Stormwater Pollution Prevention Plan
Exhibit K Kassel Avenue Plan and Profile
Exhibit L1 Details
Exhibit L2 Details
Exhibit M Landscape Plan
Exhibit N Photometric Plan
ISSUES AND ANALYSIS
Zoning
The parcel is currently in an R-1A, Low Density Single Family District. Guardian Angels is
applying for a rezoning to R-7, Residential Special Purpose, High Density District/Planned Unit
Development to allow for the higher density senior housing use on portions of the site west of
Kassel Avenue NE (Lot 1 and Outlot A). The portion of the site east of Kassel Avenue NE
(Outlot B) is to remain under R-1A zoning.
The rezoning will be subject to conditions that mitigate the impact on adjacent residential
properties, allow for flexibility in site design, and provide for future development phases.
The conditions will limit the range of uses to those identified in the submitted site master plan:
• Age restricted 1 senior housing with apartments for independent living; assisted living
apartments with an enhanced suite of services; and a secure wing for memory care
patients
1 The city restricts occupancy to residents 60 years an older
5
• Limited commercial use accessory and internal only to the senior housing complex such
as a bistro café and hair salon for the exclusive use of residents and employees
In evaluating the requested land use and zoning change, the city shall evaluate the applicable
use based on criteria outlined in section 300.1.F of the Zoning Ordinance as follows:
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.
The city has identified senior housing with services as a priority need within the community
as part of an effort to provide a variety of housing options to meet the life cycle needs of
Albertville residents. This is indicated in Residential Goal 2.1 in the Albertville 2030
Visioning Study (p. 42). The specific goal of providing more senior housing with services
was ranked third of thirteen project priorities by the Vision Committee (p. 48). While the
site is currently zoned R-1A, Low Density Single Family District in an area guided for single
family housing in the comprehensive plan, it was specifically identified as a location where
more senior housing is needed in the issues and opportunities analysis in the Visioning
Study.2
2. The proposed use is or will be compatible with present and future land uses of the area.
The site is surrounded by single family homes on three sides and detached townhome units
north of Jason Avenue NE (County Road 18). The proposed development will create a
single, two-story structure with multiple wings. The primary use of the site remains
residential with accessory internal commercial uses for the exclusive use of the residents
and employees of Engel Haus.
According to the project architect, the Engel Haus’ two-story building design is intended to
convey a residential character through varying roof lines and articulated facades, and
varying exterior colors and materials. The U-shaped configuration of the building allows the
narrow end of the building to face residential properties to the south. An existing pond on
the south edge of the property and County Ditch 9 on the west edge contribute to an open
space buffer between the site and surrounding residential properties. Phase I and future
development on Outlot A will exceed setbacks to provide a park-like setting and the ability
to create outdoor spaces and walking trails throughout the development.
3. The proposed use conforms with all performance standards contained herein.
The preliminary and final plat and site and building plan review follow in this report. The
plans are in conformance with all performance standards with exceptions noted below.
4. The proposed use will not tend to or actually depreciate the area in which it is proposed.
The project will be subject to the zoning standards for the R-7 Residential Special Purpose,
High Density District. Site plan review will pay particular attention to buffering from
adjacent residential properties to minimize the impacts from traffic and the use of the
E Notation on the Existing Land Use Draft 2012 map on p.2
6
service road for deliveries and trash removal; sufficient provision of green space; and high
standards for building materials to ensure that the proposed building complements its
surroundings.
The site had been disturbed during previous subdivision construction phases and currently
contains large mounds of excavated soil. The Engel Haus proposal will remedy and
improve existing conditions.
5. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
It is not anticipated that the proposed senior housing campus will negatively impact city
services or utilities.
6. Traffic generation by the proposed use is within the capabilities of streets serving the
property.
The proposed density may produce less traffic than if the site were developed with single
family homes. The site is located at the periphery of the Albert Villas neighborhood and
has access to County Road 18 via Kassel Avenue NE without bringing traffic through the
existing neighborhood. Kassel Avenue NE will be improved as part of the project
development. Both Kassel Avenue NE and County Road 18 have sufficient design
capacity to handle additional traffic.
Preliminary and Final Plat
The preliminary and final plat for Guardian Angels of Albertville are being processed
simultaneously. The preliminary plat consists of Block 1 which contains one lot and two outlots
south of Jason Avenue NE (County Road 18). Lot 1 and Outlot A are located west of Kassel
Avenue NE and Outlot B is located east of Kassel Avenue NE for a total net area of 13.786
acres.3
Lot 1, Block 1 is intended for the development of phase I of the Guardian Angels senior
housing campus. A future expansion of the campus is planned for Outlot A immediately to the
west of Lot 1. Lot 1 and Outlots A and B exceed the minimum lot area and lot width
requirements for the R-7 District. There is sufficient area to meet required setbacks.
A permanent roadway easement for Kassel Avenue NE runs through Block 1. A portion of the
roadway easement will be vacated to reduce the overall width of the roadway from 70 feet to
60 feet to conform to standard road right of way widths in the city and match the existing
segment of Kassel Avenue NE at the south property line. Five feet will be vacated on either
side of the roadway to achieve the 60 foot right of way (4,366 square feet).4
3 Gross area = 15.308 acres with the inclusion of the Jason Avenue NE right of way 4 Indicated on the plat and detailed in Exhibit B
7
The plat shows drainage and utility easements around the periphery of Block 1. A trail
easement is located at the far eastern edge of Outlot B. There is a mitigation area easement
for the existing pond area in the southeast portion of Outlot B (approximately ½ acre) and also
along a portion of the west edge of Outlot A (approximately 1 acre). An easement for the
County Ditch No. 9 runs along the entire western boundary of Block 1 (Outlot A). A 15 foot
NSP utility easement runs along the northern boundary of Block 1 adjacent to Jason Avenue
NE (County Road 18). A temporary Wright County Highway right of way easement extends
26.25 feet into Block 1 parallel to the existing Jason Avenue NE right of way boundary.
Park Dedication. For the purposes of calculating park dedication fees, the city council has
determined that the proposed use for Guardian Angels of Albertville is equivalent to 16 single
family units. Using the base fee of $3,300 per unit, a total fee of $52,800 will assessed.
Site Plan Review
Building Height, Setback and Area Requirements. The height limit in R-7 is 35 feet.
Submitted elevations show a building height of 28 feet 4 inches with a landmark clock tower
feature standing 46 feet four inches in height. The clock tower feature may be allowed to
exceed height requirements per section 1100.3.B.5.5
The setback requirements for the R-7 and PUD District are as follows:
Required Minimum Proposed
Front yard (north): 35 feet 45 feet
Side yard corner (east): 30 feet 90 feet
Side yard interior (west): 10 feet 0 feet
Rear yard (south): 30 feet 135 feet
The zero lot line setback at the interior side yard (east side of the structure) will be allowed
under PUD standards to provide for connection to a future phase expansion of the senior
housing campus. A proposed future garage on the south side of the property meets side yard
setbacks but will require site and building plan approval prior to construction.
In addition to those setbacks required above, Section 1100.2.B. requires a minimum 20 foot
setback from the ordinary high water level or elevation of wetlands, ponds, or drainageways. A
pond and drainageway is located along the southern boundary of the site. The proposed
building meets these setback requirements.
The structure occupies less than 60 percent of the lot area.6
Minimum Lot Area Per Unit. Elderly housing requires a minimum lot area of 1,000 square
feet per unit. The proposed development contains 60 units. The lot area exceeds 60,000
square feet at approximately 181,000 square feet.
5 The clock tower feature could be considered a cupola or dome type feature not containing usable floor space
above the second floor or similar to a belfry and therefore not subject to height limits in R-7. 6 The maximum lot area requirements are also met when the future garage structure is factored in.
8
Minimum Floor Area Per Dwelling Unit. Elderly (Senior Citizen) Housing: Living units
classified as elderly (senior citizen) housing units, except as allowed by conditional use permit,
shall have the following minimum floor areas per unit:
Efficiency units 440 square feet
1 bedroom 520 square feet
Proposed Guardian Angels Engel Haus7:
Memory care: 375 square feet
Assisted living: 375 – 630 square feet
Independent living: 530 – 800 square feet
Some units fall below the minimum floor areas per unit and may be reviewed as part of the
conditions for PUD approval.
Parking Requirements and Design. Elderly (senior citizen) housing: Reservation of area
equal to 1 space per unit. Initial development is, however, required of only one-half space per
unit, and said number of spaces can continue until such time as the council considers a need
for additional parking spaces has been demonstrated.
Sanitariums, convalescent home, rest home, nursing home or day nurseries: 4 spaces, plus 1
for each 3 beds for which accommodations are offered.
Independent living: 30 units 30 spaces
Assisted living: 14 units 9 spaces
Memory care: 16 units 9 spaces
Forty-eight parking spaces are required; 48 parking spaces have been provided.
Stall length does not meet the specified 20 foot design standard for ninety degree parking.
The proposed stall length is 18 feet in the main and service parking areas. All parking stall
lengths must be 20 feet in length.
The rear width of the handicapped parking stalls narrows to 8 feet and the design standards
specify a 9 foot minimum stall width. However, this condition may be allowed given the extra
width provided by adjacent vehicle loading areas.
The curb cut access into Engel Haus exceeds the allowed 24 foot opening and must be
approved by the City Engineer.
All open, residential off street parking areas of five or more spaces shall be screened and
landscaped from adjacent public streets; except, that the height of the screening or
landscaping shall be four feet. The proposed landscape plan only specifies canopy trees in
the area between the parking lot and Kassel Avenue NE. The landscape plan should be
amended to include plantings to screen headlights along Kassel Avenue NE. to a height of four
feet.
7 Square footages are approximate.
9
A future garage and a driveway connection from the south parking lot to the service road have
been indicated on the site plan. Access into and out of the parking garage and circulation
issues associated with the extension of drive access from the parking lot to the service road
should be examined as part of the site and building plan review when this develops.
Landscape Provisions. A fence has been indicated on the site plan to enclose the memory
care courtyard. A fence detail needs to be submitted to ensure compliance with this section.
The buffer of thirteen black hills spruce trees along the southern edge of the property should
be sufficient to screen the service road from adjacent residential properties. However, the
landscape plan does not show final grading or the location of the 24 inch HDPE outlet. A
revised landscape plan should be provided that demonstrates compatibility with final grading
and stormwater management facilities.
The easternmost river birch clump may be located too close to the riprap in the basin of the
proposed drainage swale. Their location should be adjusted accordingly as needed after
construction of the swale.
Six ‘Rose Glow’ barberry shrubs have been specified for the entry monument planting. This
species (Berberis thunbergii) has been identified as invasive by the Minnesota Department of
Natural Resources (MnDNR). An alternative from the plant schedule should be specified as a
replacement.
The area south of the service drive has been designated for a MnDOT 33-261 native seed mix.
A maintenance plan should be determined for this area that provides for a more naturalized
aesthetic while ensuring the area does not become weedy and unkempt.
See note regarding parking screening in the parking discussion section.
Lot 1 and Outlot A will be re-graded to prepare for the first and future phase of the senior
housing campus. The submitted landscape plan indicates that disturbed areas outside of
property lines should be seeded with MnDOT 25-121 General Roadside Seed Mix. It is our
recommendation that upland areas of Outlot A be seeded with MnDOT 35-221 Dry Prairie
General native seed mix to allow for the establishment of a higher quality amenity for the
residents of Engel Haus during the interim between development phases. A maintenance plan
for Outlot A should also be submitted prior to final approval.
The landscape plan meets all other requirements of this section except as noted.
Building Type and Construction. The proposed building is designed to recall German half-
timbered architecture and will be finished with a manufactured stone veneer at the front entry,
up to the top of first floor windows on articulated faces, and up to the midpoint of first floor
windows on the remainder of the building. A cream-colored EFIS panel is specified for the
majority of the upper story with a brick-red EFIS panel specified for some articulated faces.
The roofing is asphalt shingle. The city council has determined that EFIS and manufactured
stone veneer are acceptable exterior finishing materials.
10
Lighting. A photometric plan has been submitted which indicates general compliance with
this section except for foot-candle readings in excess of 0.4 at the edge of the service road on
the south property line and readings in excess of one foot-candle at the main drive entrance
and spillover from the light fixtures on the eastern side of the parking lot onto Kassel Avenue
NE. The lighting at the south edge of the property may be mitigated by proposed buffer
plantings and light spillover along Kassel Avenue NE may also be mitigated by proposed tree
plantings. It is our opinion that the excess lighting on the sidewalk adjacent to Kassel Avenue
NE may be considered an asset rather than a detriment and that no adjustments to the lighting
plan are necessary.
Refuse Receptacles; Location and Screening. Trash is proposed to be located within the
building with access from the service road at the rear of the building. This meets the
requirements of this section.
Loading Areas. A service road leads to the rear of the campus to provide access for
deliveries and trash removal. The proposed 16 foot road width at the back of the building will
require backing in of vehicles. Eight parking stalls have been provided at the service entrance.
The service road terminates at the west property line and will become a connection to 51st St.
NE with the development of a future phase on Outlot A.
Open Space and Recreation Areas. The site appears to have maintained 20 percent of the
land area as usable open space.8 We are recommending that a sidewalk/trail system be
developed as part of Phase I to encircle the site (including Outlot A) to provide passive
recreation opportunities for Engel Haus residents. If the recommendations for a native planting
on Outlot A are followed, this area could become a destination for wildlife viewing and provide
additional visual interest along the trail.
Sidewalks will be extended along the west side of Kassel Avenue NE to provide a continuous
pedestrian connection from the Albert Villas residential area to the south up to Jason Avenue
NE (County Road 18). The sidewalk connects to an existing trail that runs along Jason
Avenue NE (County Road 18). Sidewalk connections into the site provide access around the
parking lot to the building entrances.
An enclosed courtyard garden is planned for use by residents of the memory care wing.
Signage. A sign plan has not been submitted for the Engel Haus senior housing campus.
The site plan and elevations indicate a ground sign is to be located at the southwest corner of
Jason Avenue NE (County Road 18) and Kassel Avenue NE. identifying the campus. The
elevations show the sign supports faced with the same manufactured stone veneer as the
principal structure. Sign lighting has not been indicated.
A sign plan should be submitted to show construction materials, sign area, height, illumination
and other details required for the issuance of a sign permit.
8 Specific acreages/square feet of usable open space have not been provided.
11
RECOMMENDATIONS / CONCLUSIONS
Zoning
The proposed project meets stated goals in the comprehensive plan for the provision of senior
housing with services in the city of Albertville. It is our recommendation that a comprehensive
plan and zoning amendment be approved for rezoning the site to R-7 Residential Special
Purpose, High Density District/ Planned Unit Development to exclusively allow for age-
restricted senior housing with associated services and provide flexibility in site design with the
following conditions:
1. The development is based on the restricted uses as outlined above:
a. Age restricted senior housing with apartments for independent living; assisted
living apartments with an enhanced suite of services; and a secure wing for
memory care patients.
b. Limited commercial use accessory and internal only to the senior housing
complex such as a bistro café and hair salon for the exclusive use of residents
and employees.
2. Future uses on Outlot A comply with the concepts indicated on the submitted master
plan.
3. Any modifications of use will require an amendment to the PUD.
4. Future development on Outlot B will be subject to preliminary and final plat approval.
5. The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
6. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
Preliminary and Final Plat
Based on the review of the submitted plat, we believe the proposed Guardian Angels of
Albertville meets the requirements of the R-7 District and Chapter 11 of the Albertville city
code; therefore, we recommend approval of the preliminary plat and final plat with the following
conditions:
1. Review and approval by the city engineer of grading, utility and stormwater plans;
review of the location and size of easements and the vacation of five feet on either side
of Kassel Avenue NE.
2. Payment of required park dedication fees.
12
3. Approval of a development agreement controlling the installation of all required
improvements.
4. Plans for the extension of 51st Street NE with a cul-de-sac shall be completed for Phase
I. An alternative turn-around design can be approved by the City Engineer and City
Council.
Site and Building Plan Review
In conjunction with PUD zoning approval, it is our recommendation that the site and building
plan be approved with the following changes or conditions:
1. The zero foot interior side setback may be granted to allow for connection to the future
phase of the senior housing campus.
2. Allow for flexibility in unit size for assisted living and memory care units that fall below
the recommended square footage with documentation that this is an acceptable industry
standard.
3. The parking lot design shall be revised to provide for 20 foot stall lengths.
4. Approval by the city engineer of the entrance drive exceeding 24 feet in width.
5. Access into and out of the future parking garage and circulation issues associated with
the extension of drive access from the parking lot to the service road should be
examined as part of the site and building plan review when this develops.
6. The landscape plan is revised to address the following issues:
a. Demonstrate that the proposed plantings are in congruence with the final grading
plan for the swale at the south property line (may require the relocation of at least
one clump of river birch).
b. Document that the screening planting of black hills spruce will not interfere with
the 24 inch HDPE pipe along the property line or its outlet at the pond.
c. Barberry shrubs are to be replaced with a non-invasive alternative.
d. A buffer planting is designed along the east edge of the parking lot between the
lot and sidewalk along Kassel Avenue NE that is sufficient to screen headlights to
a height of at least four feet.
e. Provide a fence detail for the memory care courtyard.
f. A maintenance plan is to be provided for the native planting along the swale at
the southern end of the property.
g. A seeding and maintenance plan is to be provided for Outlot A for interim
conditions after final grading and site improvements.
7. A sidewalk/trail plan is submitted for the site that utilizes Lot 1 and Outlot A to provide a
looped pedestrian system for passive recreation for residents of Engel Haus.
8. A sign permit is obtained for the entrance monument sign.
13
c: Kim Olson
Sue Schwalbe
Mike Couri
Jan Rust
Guardian Angels of Elk River Inc.
508 Freeport Avenue N.W. Suite A
Elk River, MN 55330
EXHIBIT A114
EXHIBIT A215
EXHIBIT B16
EXHIBIT C17
EXHIBIT D18
EXHIBIT E19
EXHIBIT F20
SITE PLANC113-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT G21
C2SITE UTILITY PLAN13-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT H22
C3GRADING PLAN13-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT I23
C413-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT J24
C5KASSEL AVEPLAN & PROFILE13-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT K25
C8DETAILS13-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT L126
C9DETAILS13-02206/12/2013NCAMPIONENGINEERINGSERVICES, INC.Civil Engineering Land PlanningEXHIBIT L227
EXHIBIT M28
0.10.10.10.10.10.10.10.10.10.10.10.10.10.20.20.20.20.20.10.10.10.10.10.20.20.20.20.30.30.40.40.40.30.20.20.10.10.10.20.30.30.60.60.50.50.50.60.80.80.60.40.40.30.20.10.20.30.30.50.80.91.01.10.80.81.01.11.20.90.70.70.60.60.30.20.10.50.60.70.91.41.71.82.52.11.31.11.01.11.31.51.41.11.00.60.40.20.10.10.10.30.50.81.11.94.33.93.85.04.11.50.80.70.81.74.33.62.01.51.10.60.40.20.20.10.10.10.30.40.50.81.83.83.83.93.42.91.50.70.60.92.14.14.43.93.72.21.10.70.50.40.30.30.40.30.30.40.51.22.42.62.12.12.01.10.60.60.91.83.13.03.75.43.41.31.00.70.50.93.40.40.30.30.50.81.31.41.00.91.00.70.50.40.61.11.41.62.43.01.90.80.60.50.41.90.60.50.40.40.50.60.60.60.50.40.30.30.30.40.50.60.81.41.50.90.50.30.20.43.30.90.70.40.40.40.40.30.30.30.20.40.60.70.50.30.20.20.20.90.61.10.90.70.50.40.30.20.20.20.20.10.10.71.72.11.61.00.70.30.20.20.10.11.12.95.03.01.70.80.40.20.10.10.11.33.04.33.01.70.70.40.20.10.10.11.32.94.52.71.30.70.40.20.10.10.11.54.14.52.91.50.60.30.20.10.10.11.13.33.22.31.40.60.30.20.30.60.91.00.80.40.20.21.53.85.54.34.92.21.20.73.61.92.41.10.50.30.20.30.71.00.80.20.20.68.42.81.91.31.00.70.50.50.81.90.30.70.70.50.30.30.20.20.21.19.26.82.01.71.41.41.31.11.02.20.10.30.50.40.30.20.20.20.10.10.41.81.01.72.83.12.52.01.81.82.73.80.60.20.10.30.30.30.20.20.20.10.10.10.10.41.01.94.68.45.33.73.63.410.35.92.10.70.30.20.10.30.30.20.20.20.20.10.10.10.10.21.42.65.78.07.37.18.45.84.41.60.90.60.30.40.40.40.40.40.40.40.30.20.20.20.30.61.31.73.37.37.07.47.16.74.44.24.22.01.50.90.50.80.70.71.00.90.90.60.50.40.40.50.71.21.11.01.11.42.03.44.05.38.56.03.02.33.05.24.82.92.11.60.50.91.31.82.11.71.51.20.80.60.70.81.01.51.41.11.11.41.72.02.42.93.83.82.62.33.56.48.25.44.13.10.30.61.24.26.54.03.72.51.41.21.21.31.62.52.11.61.61.61.41.41.92.12.32.32.62.84.78.07.17.47.16.83.30.20.51.23.44.55.55.94.81.61.41.31.72.65.75.03.82.41.61.11.01.31.81.91.82.02.74.37.36.87.28.75.56.39.70.20.41.12.32.63.04.52.81.21.01.51.93.47.28.57.63.51.51.00.91.21.71.71.41.51.92.63.23.45.57.84.24.06.80.20.30.51.01.01.32.11.40.90.81.32.24.27.06.86.03.01.61.11.11.42.32.01.61.71.92.02.02.22.83.32.62.90.10.20.30.40.60.60.80.80.70.81.43.16.86.87.03.82.11.41.11.52.34.84.43.12.21.71.31.51.41.81.81.71.60.10.10.20.20.30.30.40.40.50.71.33.26.47.48.03.41.81.51.61.83.48.17.56.53.41.51.01.01.11.41.61.31.10.10.10.10.10.10.20.20.30.40.71.31.92.94.24.72.21.51.11.42.23.97.16.87.03.11.61.01.01.11.51.71.21.01.01.11.21.72.01.31.01.11.63.16.16.87.04.22.21.41.01.31.62.72.51.71.31.21.00.61.11.30.90.80.91.43.67.58.57.03.31.91.51.51.62.86.35.53.72.01.50.90.50.30.10.70.60.81.42.33.75.15.62.51.51.21.52.13.66.78.67.13.41.30.60.40.20.10.10.91.31.31.52.02.41.41.21.21.73.15.67.26.96.02.71.20.60.30.20.10.10.70.81.31.40.90.91.01.85.18.46.76.13.11.81.00.50.20.10.10.91.00.70.71.11.93.65.58.15.52.21.50.90.40.20.10.10.70.81.21.41.62.74.22.81.60.90.50.20.10.10.80.80.91.31.81.30.90.60.30.10.10.61.01.20.70.50.30.20.10.10.80.50.30.20.10.10.20.10.10.10.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.09.619.1Plan ViewScale 1" = 20'LUMINAIRE SCHEDULESymbolLabelQtyFile Lumens LLF WattsCatalog NumberDescription LampXP1 4KAD_250M_R3_(PULSE_START).ies22500 0.81 288XP25KAD_250M_R3_(PULSE_START).ies22500 0.81 576XWP 4TWF1_150M.ies12900 0.95 185XD 4LP6HN_100MH_120_277_6LR4.ies15000 0.81 116.6KAD 250M R3(PULSE START)Area Luminaire, 250WMH, R3 Reflector, FullCutoff MEETS THE'NIGHTTIME FRIENDLY'CRITERIAONE (1) 250 WATTCLEAR BT28 PULSESTART METAL HALIDELAMP IN HORIZONTALPOSITIONKAD 250M R3(PULSE START)Area Luminaire, 250WMH, R3 Reflector, FullCutoff MEETS THE'NIGHTTIME FRIENDLY'CRITERIAONE (1) 250 WATTCLEAR BT28 PULSESTART METAL HALIDELAMP IN HORIZONTALPOSITIONTWF1 150MBUILDING MOUNTEDLUMINAIRE WITHVERTICAL LAMPORIENTATION (150 WATTMH MEDIUM BASELAMP)ONE 150-WATT CLEARE17 PULSE STARTMETAL HALIDE,VERTICAL BASE UPPOS.LP6HN 100MH120/277 6LR46" LENSED DOWNLIGHTWITH WHITE SPLAY,FRESNEL GLASS LENS.ONE 100-WATT COATEDED17 PROTECTEDMETAL HALIDE,VERTICAL BASE UPPOS.STATISTICSDescriptionSymbolAvg Max MinMax/Min Avg/MinFRONT PARKING LOTSIDE PARKING LOT ANDROAD2.2 fc 19.1 fc 0.0 fc N / A N / A1.0 fc 9.6 fc 0.0 fc N / A N / ADATE:SIGNED:REG. #:I HEREBY CERTIFY THAT THIS PLAN SPECIFICATIONOR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTAREVISIONS#DATEDRAWN BY:CHECKED BY:DATE:JOB NUMBER:FILE NAME:SCALE:Make SAFETY a part of every planSt. Paul, Minnesota 55107-1679Fax (651) 292-0359Telephone (651) 224-2833278 State StreetPHOTOMETRIC PLANEPHEXHIBIT N29
30
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Bob Kirmis
DATE: July 3, 2013
RE: Albertville - Federated Co-ops - Preliminary/Final Plat, Rezoning
and Site and Building Plans
FILE NO: 163.06 - 13.08
BACKGROUND
Federated Co-ops, Inc. has submitted plans calling for the expansion of their business
located at 11229 60th Avenue. Federated Co-ops supplies products, services and
materials to local farmers including, or related to, fuel, oil, fertilizer, crop protection,
animal health, feed, seed, equipment, consulting and application services. In addition,
the business sells lawn and garden products to local homeowners.
As part of the proposed company expansion, the following are proposed:
1. The acquisition of the Fehn Companies bulk petroleum plant located east of the
subject site. As part of the property acquisition, the applicants intend to rebuild
the storage tank areas to comply with current regulations which apply to fuel
storage and sales. This would include the removal and replacement of the tank
farm which presently exists upon the property.
2. The acquisition of Outlot A, Vinge Commercial Park which abuts the subject site
on the west. The applicants wish to combine the triangular-shaped parcel with
the existing Federated Co-op parcel.
3. The future construction of a new, 5,000 square foot warehouse upon the subject
site. Such building is proposed to be used for the storage of seed, fertilizer, crop
production and other products.
4. A 2,500 square foot eastward expansion of the existing dry fertilizer building.
Including the proposed addition, the building would measure 6,000 square feet in
size.
31
The subject site is zoned B-3, Highway Commercial District which does not make an
allowance for agri-businesses. In this regard, the existing business use is considered a
legal non-conformity which may continue to operate in the same size and manner at the
time of its establishment. The B-3 does however, prevent the expansion of this existing
industrial uses.
The site’s existing B-3 zoning designation reflects the City’s ambition to promote
commercial development along I-94 and near County Road 19. Planning District 5 of
the Albertville Comprehensive Plan specifically calls for the phasing out of non-
conforming uses in the area in favor of commercial development. Further, the Plan
recommends actively working with developers and landowners to achieve the desired
redevelopment of non-conforming or incompatible land uses.
Federated Co-ops is a clean, quiet agri-business use which serves the surrounding
farming community and has been a good neighbor to surrounding properties. The City
has no nuisance complaints of this business. Additionally, it provides both commercial
tax base and local employment opportunities. In the current economic climate, neither
Federated Co-ops nor the City is prepared to seek redevelopment of this site. In light of
these conditions, City Staff evaluated methods to accommodate Federated Co-ops
continued on-site growth and success, while protecting the City’s long range
commercial goals for this area of the City.
In this regard, the following approvals have been deemed necessary to accommodate
the proposed site activities:
A. Preliminary/Final Plat of the “Federation Co-ops Addition.” The two lot/block
subdivision would include an expanded Federated Co-ops site and the former
Fehn Companies site.
B. Rezoning of the subject sites from B-3, Highway Commercial to PUD, Planned
Unit Development. Such zoning designation will enable the City to specify
permitted site uses, make an allowance for setback flexibilities and apply other
conditions deemed appropriate.
C. Site and Building Plans related to proposed site modifications.
ISSUES ANALYSIS
Preliminary/Final Plat. In conjunction with proposed site improvements, the applicants
wish to combine their existing site with an abutting outlot (Outlot A, Vinge Commercial
Park) and replat all properties under their ownership, including the Fehn Companies
site. In this regard, the proposed plat/replat (Federated Co-ops) encompasses two
blocks and overlays a total of 2.6 acres of land.
32
The proposed plat/replat is considered highly positive by “cleaning up” lengthy legal
descriptions and establishing perimeter drainage and utility easements.
The proposed lots/blocks have been found to exceed B-3 District standards with regard
to lot area.
The requested PUD zoning designation will be applied to the newly created property
legal descriptions.
Rezoning. The subject sites are presently devoted to agri-business uses. In this
regard, they are not necessarily considered “industrial” in nature. With this in mind,
rezoning the property to an industrial zoning designation is not considered an
appropriate option.
The alternative zoning option is to rezone the property to PUD, Planned Unit
Development. Through the PUD zoning, the City may define the range of appropriate
land uses and development performance standards unique to the proposed property.
Following staff direction, Federated Co-ops has submitted an application for rezoning to
PUD.
In considering any change of zoning, the following criteria, as provided in Section
300.1.F of the Ordinance are applicable:
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.
Comment: The Albertville Comprehensive Plan guides the subject sites for
commercial use and includes recommendations for the relocation of non-
conforming uses and redevelopment of these sites. Federated Co-op exists as a
legal non-conforming use within the current B-3 Zoning District. At the present
time, neither Federated Co-op nor the City is in a position to redevelop the site.
To maintain the Comprehensive Plan’s goals and objectives, the proposed PUD
would identify the following limited range of land uses which may be permitted on
the site:
• All permitted, conditional, and accessory uses of the B-3 Zoning District.
• Farm supply sales and associated storage including fertilizer (dry and
liquid), animal feed, seed, fuel and oil and related products.
Through this list of land uses, the City preserves its long range commercial
redevelopment goals for the subject site while allowing Federated Co-ops to
maintain a strong community presence and accommodate the growth of its
business. This strategy attempts to preserve and grow the City’s commercial tax
33
base, local job opportunities, and hopefully will encourage Federated Co-ops to
relocate within the City when the business outgrows the site.
2. The proposed use is or will be compatible with present and future land
uses of the area.
Comment: As noted earlier, Federated Co-ops has not presented any
compatibility concerns/issues for the surrounding properties. While a new
warehouse and building addition are proposed, no significant changes in site
operations are anticipated which will negatively impact surrounding properties.
3. The proposed use conforms with all performance standards contained
herein.
Comment:
Setbacks. The existing land use and building locations are legally non-
conforming in the current B-3 Zoning District. As shown below, several existing
and proposed structures do not meet minimum B-3 District setback requirements.
Setback Required Block 1 Block 2
Front 35 feet 70 feet 82 feet
Side - North 20 feet 0 feet* 6 feet*
Side - South 20 feet 10 feet* ~80 feet
Rear 20 feet 40 feet 35 feet
* Non-compliant
In recognition of existing site conditions and as part of the PUD, it is
recommended that a zero lot lone setback be allowed along north property lines
of Blocks 1 and 2 and that a minimum 10 foot structure setback be maintained
along all other property lines.
Off-Street Parking. The proposed site modifications will not immediately increase
employment. As a result, no additional parking is necessary.
Off-street parking areas are presently surfaced in gravel. The Zoning Ordinance
requires off-street parking areas to be hard surfaced (in concrete or bituminous).
Thus, the existing gravel surfacing constitutes a legally nonconforming condition.
Flexibility from such standard can however, be granted via the PUD.
Considering the interim nature of the use and present clientele (agricultural-
related traffic), the gravel surfacing is considered an acceptable condition. In this
regard, it is recommended that flexibility from the hard surfacing requirement of
the Ordinance be granted.
Building Height. The B-3 District restricts building height to 35 feet. Information
related to the height of existing and proposed structures has not been provided.
34
Regardless of whether or not the meet B-3 District height requirements are
satisfied, existing site structures hold grandfather rights. As a condition of PUD
approval it is recommended that new site structures not exceed 35 feet height.
Building Materials. Information related to existing and proposed building finishes
has likewise not been provided. The B-3 District mandates that 50 percent of all
building walls must have an exterior finish of brick, stone, wood, etc. It is
believed however, that existing site structures are finished in wood consistent
with Ordinance requirements). As a condition of PUD approval, proposed and
expanded site structures must comply with building finish material requirements
of the B-3 District.
Staff recommends that, through the PUD, the following architectural standards be
applied:
(1) All new buildings shall not exceed 35 feet in height.
(2) Within the approved PUD shall be the following standards:
(a) Any and all permitted conditional and accessory uses allowed
within the B-3 Zoning District shall meet the architectural standards
of Section 4400.8 of the Albertville Zoning Ordinance.
(b) Proposed and expanded site structures must comply with building
finish material requirements of the B-3 District.
(c) The color of new and expanded buildings match the color of the
principal building.
(d) Off-street parking areas, related drive lanes and outdoor storage
areas may be surfaced in gravel.
This PUD flexibility will preserve the appearance of Federated Co-op while
accommodating the existing conditions. New and expanded buildings will need
to match the color of the principal building.
4. The proposed use will not tend to or actually depreciate the area in which it
is proposed.
Comment: Federated Co-op is a long-standing agri-business use. The
continuation of the use through the rezoning to PUD is not anticipated to
depreciate the values of the surrounding properties. The PUD zoning will
accommodate the continued operation and growth of the business while
maintaining the City’s long-range commercial redevelopment objectives.
35
5. The proposed use can be accommodated with existing public services and
will not overburden the City’s service capacity.
Comment: The subject site has access to public utilities. The existing use and
proposed site modifications will not overburden City utilities or services.
6. Traffic generation by the proposed use is within the capabilities of streets
serving the property.
Comment: Construction of the warehouse building and fertilizer plant addition
is not expected to dramatically increase traffic to the site. Both sites (Blocks 1
and 2) are accessed via 60th Street. The traffic generation is within the
capabilities of the streets serving the site.
RECOMMENDATION
The requested rezoning is a means for the City to retain and grow a local business,
while retaining its long range ambitions for commercial redevelopment in the area of the
subject site. Absent a current viable redevelopment/relocation alternative, Staff
recommends the following:
A. Approval of the Federated Co-ops Preliminary/Final Plat subject to the following
conditions:
1. The City Engineer provide comment and recommendation in regard to site
grading, drainage and utility issues.
2. The preliminary/final plat shall be recorded within 120 days of approval.
B. Approval of the rezoning of the subject site (Lot 1, Block 1 and Lot 1 Block 2 of
the Federated Co-op Addition) subject to the following conditions:
1. Within the approved PUD, land uses shall be limited to the following:
a. All permitted conditional and accessory uses allowed within the B-3
Zoning District. Any change of use from existing conditions shall be
processed through the appropriate development applications called
for by the Albertville Zoning Ordinance.
b. Farm supply sales and associated storage including fertilizer (dry
and liquid), animal feed, seed, fuel and oil and related products per
the approved site plan dated May 7, 2013.
36
2. A zero lot line setback shall be allowed along north property lines of
Blocks 1 and 2. Along All other property lines, a minimum 10 foot
structure setback shall be maintained.
3. The height of new buildings and building additions shall not exceed 35 feet
in height.
4. The following architectural standards shall apply:
a. Any and all permitted conditional and accessory uses allowed
within the B-3 Zoning District shall meet the architectural standards
of Section 4400.8 of the Albertville Zoning Ordinance.
b. Proposed and expanded site structures must comply with building
finish material requirements of the B-3 District.
c. The color of new and expanded buildings shall match the color of
the principal building.
d. Off-street parking areas, related drive lanes and outdoor storage
areas may be surfaced in gravel.
C. Approval of site and building plans subject to the following conditions:
1. The City approves the requested preliminary/final plat application.
2. The City approves the requested PUD rezoning application.
3. Proposed fuel storage improvements/modifications meet all applicable
requirements of the Minnesota Pollution Control Agency and City Building
and Fire Codes.
c: Kim Olson
Sue Schwalbe
Paul Heins
Mike Couri
Federated Co-ops, 11229 60th Avenue, Albertville, MN 55301
Fehn Companies Inc., 5050 Barthel Industrial Drive, Albertville, MN 55301
EXHIBIT A37
EXHIBIT B38
P.O. Box E * Osakis, MN 56360 * 320-859-4811 * Email rss@arvig.net * Web rolliessales.com
Federated Coop
502 S 2"d St
Princeton, MN 55371
Attn: Mike Melberg Operations Manager
Subject Proposed Bulk Plant Albertville, MN
Mike:
The proposed bulk plant for Alberwille site will consist of (6) vertical steel storage tanks.
fhe dite will be consfucted of concrete with a synthetic membrane liner installed on top
of concrete for total product containment. The tanks will be sitting on pea rock, which will be
installed on top of the liner.
Reconditioned vertical tanks will be installed with sizes shown. The tanks will have new
bottoms, and will be tested before installation. Tanks will be installed per current Fire Marshal
eodes, with emergency vents, fire valves and tank grounding installed.
Transpo* containment box will be installed with all connections in the box and spill pad.
Tanks will also be equipped with overhll alarm to prevent over filling the tanks.
Please feel frse to call 32A'559-4811 if you would have questions.
Thank you,
Jim Tenhoff
Rollies Sales & Service Inc.
EXHIBIT C39
c)
!4F
,2 O-
- c6<n>- ()
EbE€ Ss;9> dg65so
>l trJ o. -C f! 'if
a)l - -.:- Rglao Fn ! ;o Foo o r
$gss
$ xg*
$ Io
s?bo
-="X'o
bo
a
b0
J4o
(n
oz
*..(J
.98
hoF
.t!
X\Jlrl t>
.eEav)
o ..9J
v()
:OO
q(d
inJr{
Lo
Fl
o
cctr€
hjol:ta
F€
q)
G*.)
U
q)*)0)l-
c.)xo
Q
o\s
€(a
gozOlrua
-q)€) :=.F.G!*r6gE=q)<
FE
L
o.xaOEm(dH
!F
^VFr irl
o
^V
=o\ox
.VFr u^jF6lo
EXHIBIT C40
41
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius/Michelle Barness
DATE: July 3, 2013
RE: Albertville – Fence Height Ordinance Amendment
FILE: 163.05 – 13.10
BACKGROUND
Planning staff is providing for consideration a draft ordinance amendment addressing Section
1000.6.G, Residential District Fences; Section 1000.5.C, Single-Family or Two-Family
Dwelling Pools; and Section 1000.5.D, Multiple-Family Dwellings, Clubs And Organization
Pools, with regards to required fence height in residential settings.
Section 1000.6 Fences. Currently ordinance language in Section 1000.6.G provides specific
standards for fences either exceeding or less than 42 inches in height. Defined fence height
further relates to where fences may be placed on a parcel. Supplemental diagrams in the
same section of ordinance demonstrate standards for fences exceeding or less than 48 inches
in height, as opposed to 42 inches in height as described in the text. This discrepancy in
written and graphic height standards results in confusion regarding how fences should be
designed and located in residential districts. An ordinance amendment changing the text in
Section 1000.5.G to reflect the 48 inch fence height identified in Diagrams 7.A and 7.B is
recommended.
Section 1000.5 Swimming Pools and Hot Tubs. The height of pool fences has been a topic of
discussion in recent conversation with residents looking to address fencing requirements
around private pools. Currently, Section 1000.5.C.3.a and 1000.5.D.3, pertaining to residential
pool fencing or enclosures, requires that fences be at least 5 feet in height. This fence height
requirement does not apply specifically to in ground or above ground pools. Recently, the
building inspector was contacted by a resident wishing to be granted permission for a 4 foot
fence surrounding his above ground swimming pool. The building inspector is of the opinion
that a fence a minimum of 4 feet in height around above ground pools should be sufficient to
manage pool access and safety issues related to minors.
The nearby community of St. Michael requires that pool fencing for in ground pools be a
minimum of 6 feet in height, and pool fencing for above ground pools be a minimum of 4 feet in
42
height. This precedent would indicate that reducing the fence height requirement around
above ground pools to 4 feet has worked for other communities in the past. It would also
suggest that it may be prudent for Albertville to maintain at least the existing 5 foot minimum
fence height requirement for fences surrounding in ground pools, as some communities have
chosen to increase the fence height requirement for in ground pools to 6 feet.
In combination with other existing pool fence standards, including requiring self-closing fence
gates with self-latching devices, it is anticipated that fences of 4 feet in height around above
ground pools and 5 feet in height around in ground pools will provide the adequate enclosure
necessary to regulate access to pool uses.
RECOMMENDATION
Planning staff recommends approval of an ordinance amendment to Section 1000.6.G defining
residential fences as less than or exceeding 48 inches in height (as opposed to 42 inches in
height), and to Section 1000.5.C and 1000.5.D requiring that fences surrounding private
residential pools be a minimum of 5 feet in height for in ground pools and 4 feet in height for
above ground pools.
c: Kim Olson
Mike Couri
Sue Schwalbe
Paul Heins
43
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2013 - ____
AN ORDINANCE AMENDING SECTION 1000.6.G (RESIDENTIAL DISTRICT
FENCES) AND SECTION 1000.5 (SWIMMING POOLS AND HOT TUBS) OF
CHAPTER 1000 (GENERAL BUILDING AND PERFORMANCE STANDARDS) IN
APPENDIX A (ZONING ORDINANCE) OF THE 2005 ALBERTVILLE MUNICIPAL
CITY CODE, RELATING TO FENCE HEIGHT REGULATIONS
Section 1. Section 1000.6.G (Residential District Fences) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.6 FENCES: Fences shall be permitted in all yards subject to the following:
G. Residential District Fences: All residential fences shall be placed within the property
being fenced.
1. Fences not more than six feet (6') in height may be erected alongside and rear
property lines, provided such fences do not extend forward of the principal structure. In
the case of a side yard on a corner lot that abuts a street, a minimum fence setback of
twenty feet (20') shall be maintained for all fences exceeding forty two inches (42") forty
eight inches (48”) in height. (See diagram 7.A of this section.)
2. Should the rear lot line of a corner lot be common with the side lot line of an
abutting lot, a minimum twenty foot (20') side yard setback must be maintained on the
corner lot for all fences exceeding forty two inches (42") forty eight inches (48”) in
height. (See diagram 7.B of this section.)
3. The required screening provisions for residential districts shall supersede, where
applicable, the provisions of this section.
4. All posts or similar supporting instruments used in the construction of fences shall
be faced inward toward the property being fenced.
5. All fences shall not obstruct natural drainage.
6. Fences extending across required front yards or a required side yard which abuts a
street on a corner lot shall not exceed forty two inches (42") forty eight inches (48”) in
City of Albertville
County of Wright
Ordinance No. 2013 - ___
Fence Height
Page 44
44
height, shall be at least seventy five percent (75%) open space for passage of air and
light, shall not be constructed of chain link, and shall maintain the traffic visibility
requirements of section 1000.8 of this chapter.
Section 2. Section 1000.5 (Swimming Pools and Hot Tubs) of Chapter 1000 (General Building
and Performance Standards) is hereby amended as follows:
1000.5 SWIMMING POOLS AND HOT TUBS:
C. Single-Family Or Two-Family Dwelling Pools:
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 or other enclosure,
or any combination thereof, of sufficient density as to be impenetrable.
a. If fences are employed, they shall be at least five feet (5') in height for in
ground pools, and at least four feet (4’) in height for above ground pools. The
bottoms of the fences shall not be more than four inches (4") from the ground.
Fences shall be of a noncorrosive material and shall be constructed as to be not
easily climbable (chain link fences must be vinyl coated with slats for screening).
All fence openings or points of entry into the pool enclosure shall be equipped
with gates or doors. All gates or doors to swimming pools shall be equipped with
self-closing and self-latching devices placed at a height not lower than forty eight
inches (48"), so as to be inaccessible to all small children. Prior to filling the pool,
the approved fence and/or screen must be completely in place and inspected and
approved by the city building official.
D. Multiple-Family Dwellings, Clubs and Organizations: For private swimming pools
which are intended for and used by the occupants of a multiple-family dwelling and the guests of
the occupants, or for private and public clubs and organizations, the following regulations shall
be met in addition to those listed for single- and two-family dwellings provided in subsection C
of this section:
3. The pool area shall be adequately fenced to prevent uncontrolled access from the
street or adjacent property. Fences shall be at least five feet (5') in height for in ground
pools, and at least four feet (4’) in height for above ground pools. The bottoms of the
fences shall not be more than four inches (4") from the ground. Fences shall be of a
noncorrosive material and shall be constructed as to be not easily climbable (chain link
City of Albertville
County of Wright
Ordinance No. 2013 - ___
Fence Height
Page 45
45
fences must be vinyl coated with slats for screening). All fence openings or points of
entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to
swimming pools shall be equipped with self-closing and self-latching devices placed at a
height not lower than forty eight inches (48") so as to be inaccessible to all small
children. Prior to filling the pool, the approved fence or enclosure must be completely in
place and inspected and approved by the city building official. Adequate screening,
including, but not limited to, landscaping, shall be placed between the pool area and
adjacent lot lines.
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 2013.
__________________________
Jillian Hendrickson, Mayor
__________________________
Kimberly Olson, City Clerk
46
CITY OF ALBERTVILLE
PLANNING COMMISSION
RESOLUTION NO. _______
RESOLUTION FINDING MODIFIED DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE
TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 15 CONSISTENT
WITH THE PLANS FOR DEVELOPMENT OF THE CITY OF
ALBERTVILLE
WHEREAS, the City Council of the City of Albertville has authorized preparation of a
modified Development Program for Development District No. 1 and a Tax Increment Financing
Plan (the “TIF Plan”) for Tax Increment Financing District No. 15 (the “TIF District”) within that
Development District, and the modified Development Program and the TIF Plan have been
submitted to the Planning Commission for comment; and
WHEREAS, the Planning Commission has reviewed the modified Development Program
and the TIF Plan and have compared them with the plans for development of the City as a whole.
NOW, THEREFORE, BE IT RESOLVED By the Planning Commission of the City of
Albertville, Minnesota as follows:
1. The modified Program for Development District No. 1 and the TIF Plan for the TIF District
are found to be consistent with the City comprehensive plan.
2. It is recommended that the City Council of the City of Albertville hold the public hearing
required by law and adopt the modified Program and the proposed TIF Plan.
Approved this 9th day of July, 2013, by the Planning Commission of the City of Albertville,
Minnesota.
______________________________
Chairperson
ATTEST:
_______________________________
Secretary