2017-09-12 PC Agenda Packet
PLANNING COMMISSION MEETING
Tuesday, September 12, 2017
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
August 8, 2017 Planning Commission Meeting (pages 1-7)
3. OTHER BUSINESS
a. Mall of Entertainment AUAR PowerPoint Presentation by Landform
4. PUBLIC HEARINGS
a. Public Hearing to Consider a Request from Nextex LLC to consider a zoning text
amendment and conditional use permit to allow sports training facilities in the I-1
and I-2 Zoning Districts; and a conditional use permit for a sports training facility at
5548 Barthel Industrial Drive (pages 8-24)
b. Public Hearing to Consider a Request from Douglas A. Carlson Development for a
PUD amendment, preliminary plat, and final plat for Towne Lakes 7th Addition
(pages 25-35)
c. Public Hearing to Consider a Request from Douglas A Carlson Development for a
PUD amendment, preliminary plat, and final plat for Hunters Pass 3rd Addition
(pages 36-47)
5. ADJOURNMENT
Page 1
ALBERTVILLE PLANNING COMMISSION
TUESDAY, AUGUST 8, 2017
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Klecker called the meeting to order at 7:00 p.m. Becker conducted roll call.
Present: Chair Klecker and Commissioners Buhrmann, Barthel, Brempell, and Council Liaison Hudson.
Absent: Dominick and Wegner.
Others Present: City Planner Alan Brixius, Building Permit Technician Maeghan Becker, Ann-Marie Foucault (STMA Superintendent), Laura Detzler, Christopher Braun, Tom Bruce, James O'Leary, and Jeff Zachman.
Motioned by Barthel, seconded by Buhrmann, to approve the agenda. Ayes: Klecker,
Barthel, Brempell, Buhrmann, and Hudson. Nays: None. Absent: Dominick and
Wegner. MOTION DECLARED CARRIED.
2. MINUTES
Motioned by Buhrmann, seconded by Brempell, to approve the June 13, 2017 Planning
Commission meeting minutes. Ayes: Klecker, Barthel, Brempell, Buhrmann, and
Hudson. Nays: None. Absent: Dominick and Wegner. MOTION DECLARED CARRIED.
3. PUBLIC HEARINGS
A. Public Hearing to Consider a Request from Coborn’s Inc. for rezoning of Lot
1, Block 1, Albertville Crossing addition from B-2 to B-3; a conditional use
permit for a drive-through service lane; and a conditional use permit to add
a fifth gas pump.
Planning Commission Meeting Minutes Page 2
Regular Meeting of August 8, 2017
Brixius went over the issues and analysis: 1. Rezoning. 2. Conditional Use – Drive-Through Service Lane. 3. Conditional Use – Gas Pump. 4. Fuel Pump Design. Staff recommends changing the zoning for Lot 1, Block 1, Albertville Crossing, from B-2, Limited Business District to B-3, Highway Commercial District based on:
a. The City has amended its Zoning Ordinance and zoning Map since the 2002 original approval, resulting in some of the existing approved uses becoming non-conforming.
b. The change in zoning is consistent with the Albertville Comprehensive Plan which guides the site for commercial land use. The Comprehensive Plan goals and policies support the re-investment in the property and expansion of goods and services for its residents.
c. Sit down dining and big box retailers are identified as desired uses in the Albertville Comprehensive Plan.
d. The rezoning of this lot is geographically specified, allowing the proposed requested uses, and providing protections to adjoining properties.
e. The proposed land use will be compatible with adjoining land uses.
f. The proposed use will not overburden City utilities or services.
g. The proposed use will not overburden the capacity of adjoining streets. Staff recommends that the proposed drive-through services lane for Lot 1, Block 1, Albertville Crossing be approved with the following conditions:
a. The applicant is to provide photographs of similar drive-through layouts.
b. The drive-through services lane follows the design details of the submitted plan set dated 7/17/17.
c. The applicant is to provide traffic sign details for the City staff approval.
d. The applicant is to provide the following information related to the fuel tanker truck maneuvering:
(1) Demonstrate canopy clearance for the tanker truck.
(2) Narrative of number of days for fuel deliveries and time of day for gas deliveries.
e. The applicant is to verify there will be no store deliveries from the north side of the building.
f. The applicant is to demonstrate automobile turn movements around the gas pumps will not interfere with the drive-through stacking lane.
g. The applicant is to provide a detailed elevation of the order board and description of the audio system.
h. The applicant is to provide cut sheets of all new lighting fixtures. All lights must be down lit.
i. The applicant is to provide landscape details of the proposed plantings and ground cover related to species and size for City approval. To preserve traffic sight lines, staff would recommend the elimination of the five plantings on the west side of the proposed landscape island.
j. The City reserves the right to establish drive-through lane hours of operation if nuisance issues arise and complaints cannot be mitigated in an alternative manner.
Planning Commission Meeting Minutes Page 3
Regular Meeting of August 8, 2017
Staff recommends the approval of the addition of a fifth gas pump for Lot 1, Block 1, Albertville Crossing based on the plans submitted on 6/17/17 with the following conditions: a. The gas pump and canopy expansion will meet all Building and Fire Code requirements and the applicant receive applicable building permits. b. The applicant is to verify that other than fuel trucks, no other building deliveries will occur at the north side of the building. c. All gas pumps shall be located on a concrete island elevated six inches above the travel surface. d. The canopy expansion must match the existing canopy in design and appearance. The applicant must verify that the canopy provides necessary clearance for the fuel delivery trucks to pass under. e. All canopy lighting must be recessed into the canopy with no light source extending below the lower deck of the canopy. Klecker is concerned about the gas station check out station. He would like to see a limit on the number of groceries that can be checked out through the gas station.
Chris Braun from Coborn's, Inc. approached the podium. He explained that the goal with this remodel is to alleviate some of the traffic going out through the convenient store and try to direct full grocery carts check out at the front of the store. They are trying to drive the customers to become left handed shoppers. Barthel and Brempell both brought the concern of the Caribou drive-through exit. They are insisting that if you are exiting right out of the drive-through, heading back towards 57th, it will be a very tight turn and you may enter into on-coming traffic during busy hours. Chris Braun responded that when the coffee traffic is at its heaviest, the grocery store traffic is at its lightest. Therefore, this situation tends to work itself out based on the hours of the day. Brempell brought up the gas station check out again with the concern that this needs to be addressed with how much traffic will be entering that side of the gas station. Klecker is requesting a limitation sign, on the number of groceries that a customer can check out at the gas station check out. Buhrmann has a concern with the multiple entrances off of 57th Street. The first entrance is the one that is supposed to be used for the Caribou drive-through. The second entrance, which is considered the main entrance, is to enter for the grocery store. He is concerned that people will use the main entrance to enter for Caribou and cut the people off in the spot that is supposed to be left open for all incoming and outgoing traffic (See Exhibit E). Chris Braun responded that the customers will follow the direction of the caribou drive-through. They have seen this with the other 2 similar stores that they have in the surrounding areas of the Cooper, St. Cloud store and Riverside, Sartell Store.
Planning Commission Meeting Minutes Page 4
Regular Meeting of August 8, 2017
Tom Bruce from Rice Companies approached the podium to inform the Commissioners about the traffic of the loading and gas trucks along with customer car traffic versus pedestrian foot traffic.
Motioned by Brempell, seconded by Buhrmann, to open the Public Hearing. Ayes:
Klecker, Barthel, Brempell, Buhrmann, and Hudson. Nays: None. Absent: Dominick and
Wegner. MOTION DECLARED CARRIED. No one wished to speak.
Motioned by Buhrmann, seconded by Barthel, to close the Public Hearing. Ayes:
Klecker, Barthel, Brempell, Buhrmann, and Hudson. Nays: None. Absent: Dominick and
Wegner. MOTION DECLARED CARRIED.
Motioned by Barthel, seconded by Buhrmann, to approve Request from Coborn’s Inc.
for Rezoning of Lot 1, Block 1, Albertville Crossing Addition from B-2 to B-3 with the
findings of the Planning Report Dated August 3, 2017. Ayes: Klecker, Barthel, Brempell,
Buhrmann, and Hudson. Nays: None. Absent: Dominick and Wegner. MOTION
DECLARED CARRIED.
Motioned by Buhrmann, seconded by Klecker, to approve Request from Coborn’s Inc.
for a Conditional Use Permit for a Drive-Through Service Lane Based on the Conditions
Listed in the Planning Report Dated August 3, 2017, Along with these Following
Conditions: 1. Adding Directional Signage for the Drive-Through Lane, 2. Posting No
Parking Along the North Curb Line Gas Pumps and Payment of the Sac Unit, 3. If there
is any Parking or Traffic Congestion, Staff is able to Re-Examine the Plans. Ayes:
Klecker, Barthel, Brempell, Buhrmann, and Hudson. Nays: None. Absent: Dominick and
Wegner. MOTION DECLARED CARRIED.
Motioned by Buhrmann, seconded by Barthel, to approve Request from Coborn’s Inc.
for a Conditional Use Permit to Add a Fifth Gas Pump with the Conditions Listed in the
Planning Report Dated August 3, 2017, and also in Addition to the Following Condition:
1. Filing of a Development Application and Payment of Fees. Ayes: Klecker, Barthel,
Brempell, Buhrmann, and Hudson. Nays: None. Absent: Dominick and Wegner. MOTION
DECLARED CARRIED.
B. Public Hearing to Consider a Request from ISD 885 for a conditional use
permit to expand the Albertville Primary School at 5386 Main Avenue NE. Brixius went through the issues and analysis: 1. The Zoning. 2. The Lot Area, Setbacks, Height, and Coverage Requirements. 3. The Parking and Circulation. 4. The Access and Entrances. 5. The Play Structures.
Planning Commission Meeting Minutes Page 5
Regular Meeting of August 8, 2017
6. The Lighting. 7. The Building Type and Construction. 8. The Grading, Drainage, and Utilities. The Albertville Primary School Expansion meets the requirements set forth by the Albertville City Code. Staff suggests the following conditions: 1. All grading, drainage, and utility issues shall be subject to review and approval by the City Engineer. 2. The applicant must provide a photometric plan and cut sheets for all freestanding and wall-mounted lighting. The cut sheets must show 90 degree cutoff with no light sources below and no exposed luminaries. 3. The applicant must provide at least six accessible parking spaces onsite, with one van-accessible space. All accessible parking spaces must meet State and Federal ADA requirements for stall and aisle widths. Council Liaison Hudson excused himself from the meeting. Ann-Marie Foucault, STMA School Superintendent, approached the podium. She informed the commissioners where the relocation of the play structure is going to be and also where the fence will be located. Barthel expressed concern about the slope and if that will be increasing or decreasing due to the addition. Laura Detzler, from Anderson Johnson Associates, approached the podium and confirmed that the slope will be slightly increased.
Motioned by Brempell, seconded by Klecker, to open the Public Hearing. Ayes: Klecker,
Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and Hudson.
MOTION DECLARED CARRIED.
Jeff Zachman, resident of Albertville located on the south side of the building was present. Zachman is requesting the purpose of the expansion. Ann-Marie Foucault responded that the addition is for 8 additional classrooms, and that this will increase the capacity by 160 pupils. They also discussed when the play structures are used, the fence locations and also traffic lines. Ann-Marie Foucault confirmed that the construction for the expansion is scheduled to start this fall.
Motioned by Barthel, seconded by Buhrmann, to close the Public Hearing. Ayes:
Klecker, Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and
Hudson. MOTION DECLARED CARRIED.
Motioned by Buhrmann, seconded by Brempell, to approve Request from ISD 885 for a
Conditional Use Permit to Expand the Primary School at 5386 Main Avenue NE Based
on the Conditions Listed in the Planning Report Dated August 3, 2017. Ayes: Klecker,
Barthel, Brempell, Buhrmann. Nays: None. Absent: Dominick, Wegner and Hudson.
MOTION DECLARED CARRIED.
Planning Commission Meeting Minutes Page 6
Regular Meeting of August 8, 2017
C. Public Hearing to Consider a Request from ISD 885 to consider a rezoning of
a Lot 1, Block 1, Barthel Commercial Park 2nd Addition and Lot 1, Block 1,
Barthel Commercial Park 3rd Addition; a subdivision/lot line adjustment;
and a PUD site and building plan review to expand the STMA Ice Arena at
5898 Lachman Avenue NE.
Brixius went through the site and building plan review: 1. The Rezoning. 2. The Subdivision. 3. The Easement Vacation. 4. The Setbacks. 5. The Maximum Building Height. 6. The Building Type and Design. 7. The Site Lighting. 8. The Trash Enclosure. 9. The Parking. 10. The Pedestrian Access. 11. The Site Access. 12. The Landscaping. 13. The Grading and Drainage Plan. 14. The Stormwater Pollution Prevention Plan. 15. The Utility Connections. 16. The Fire Connections. 17. The Snow Storage. Staff recommends approval of rezoning the property to PUD District based on the following findings and conditions listed in the August 3, 2017 Planning Report.
Motioned by Brempell, seconded by Klecker, to open the Public Hearing. Ayes: Klecker,
Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and Hudson.
MOTION DECLARED CARRIED. Jeff Zachman, resident of Albertville, approached the podium. Jeff Zachman and Laura Detzler discussed the location of the retaining wall and also the parking lot. Ann-Marie Foucault informed that they are working on an agreement for parking with the Barthels for parking on a neighboring property. Barthel and Brixius discussed future development on Lachman Avenue NE, which consists of much wetland.
Motioned by Klecker, seconded by Buhrmann, to close the Public Hearing. Ayes:
Klecker, Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and
Hudson. MOTION DECLARED CARRIED.
Motioned by Brempell, seconded by Barthel, to approve Request from ISD 885 for a
rezoning of Lot 1, Block 1, Barthel Commercial Park 2nd Addition and Lot 1, Block 1,
Planning Commission Meeting Minutes Page 7
Regular Meeting of August 8, 2017
Barthel Commercial Park 3rd Addition Based on the Findings and Conditions Listed in
the August 3, 2017 Planning Report. Ayes: Klecker, Barthel, Brempell, and Buhrmann.
Nays: None. Absent: Dominick, Wegner and Hudson. MOTION DECLARED CARRIED.
Motioned by Buhrmann, seconded by Brempell, to approve Request from ISD 885 for a
Subdivision/Lot Line Adjustment and a PUD Site and Building Plan Review to Expand
the Ice Arena at 5898 Lachman Avenue Based on the Conditions Listed in the August 3,
2017 Planning Report, with Knowing that this Subject will be Seen Again. Ayes:
Klecker, Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and
Hudson. MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. Updates:
Verizon Tower has withdrawn their application and they are relocating their job site.
A Speech and Occupational Therapist is looking to purchase a shell building in Towne Lakes.
A car detailing business is looking at the old Heidi’s property.
Shooting Stars Gymnastics.
5. ADJOURNMENT
Motioned by Barthel, seconded by Brempell, to adjourn the meeting at 8:50pm. Ayes:
Klecker, Barthel, Brempell, and Buhrmann. Nays: None. Absent: Dominick, Wegner and
Hudson. MOTION DECLARED CARRIED.
Respectfully submitted, ___________________________________ Maeghan M. Becker, Building Permit Technician
8
PLANNING REPORT
TO: Adam Nafstad
FROM: Chloe McGuire Brigl / Alan Brixius
DATE: September 7, 2017
RE: Albertville – Shooting Stars Gymnastics – Code Amendment to
Allow for Sports Training Facilities in Industrial Districts
FILE NO: 163.06 – 17.08
BACKGROUND
Nextex Properties, LLC and Shooting Stars Gymnastics has applied for a zoning text
amendment and a conditional use permit to allow for a gymnastics studio in an industrial
building. Shooting Stars Gymnastics recently moved into a space in Barthel’s Industrial
Park, located at 5548 Barthel Industrial Drive, Suite 400, though gymnastics uses are not
allowed in the industrial districts.
Sports training facilities are becoming increasingly popular in industrial areas of cities
due to their need for large, open floor space and high ceiling clearance, which are
needed to facilitate sports such as gymnastics, volleyball, batting cages, etc. The request
for these popular businesses to locate in industrial spaces has resulted in communities
amending their zoning ordinances. In pursuing these businesses, the following issues
and concerns are present:
1. Purpose and intent of the industrial district/land use compatibility
2. Definition of sports training facilities to distinguish this use from other less
desirable uses
3. Building code compliance
4. Traffic/parking needs
5. Training sessions/events
The following analyzes the issues associated with amending the code, summarizes other
cities’ zoning codes which allow for sports training facilities as a conditional use in
industrial districts, and makes recommendations for amendments to the zoning code.
9
ISSUES ANALYSIS
Purpose and Intent of the Industrial District/Land Use Compatibility. In order for the
City of Albertville to allow sports training facilities in the Industrial Districts, they must be
able to operate together and allow industrial uses to continue in an unencumbered
fashion. There must be adequate protections and reviews in place to protect students
and attendees at the sports training facilities as well as protections of other industries
within the same zoning district. In order to provide these protections and ensure
compatibility between uses on a case-by-case basis, staff is recommending allowing the
use as a conditional use.
Definition of Sports Training Facilities to Distinguish this Use from Other Less
Desirable Uses. The Albertville City Code must provide a definition of sports training
facilities in order to be specific about the uses that will be allowed through the conditional
use permit process, and to ensure that less desirable, or incompatible uses, are not
allowed. Staff reviewed other cities’ zoning codes and found the following two related
definitions:
City of New Hope Definition
Sports training center means a business with equipment, facilities, or trained
personnel that offers specialized training, education, and fitness for a specific
sport or athletic activity.
City of Burnsville Definition
Sports Performance Training Center: A private establishment, not open to the
general public, offering advanced appointment only individual or group athletic
training programs for specific sports and athletic activities often associated with
athletic organizations, sport associations, and schools, supervised by specialized
coaches present for all training sessions and where tournaments and
competitions may be held.
Building Code Compliance. Industrial buildings are built for manufacturing and
industrial uses, and may not be correct for gathering spaces. A thorough review of the
space against building and fire code must be required in order to ensure the safety of
students in sports training facilities. Through this review, upgrades to the space may be
required to allow for this type of occupancy and to convert spaces previously meant for
manufacturing or warehousing to spaces able to accommodate athletic training.
Traffic/Parking Issues. The buildings and parking lots for these proposed uses were
built to accommodate industrial uses, and each site must provide they have adequate
parking to accommodate a new sports training facility. In order to provide adequate
parking for sports training facilities, the City may need to limit the size of enrollment.
Additionally, the City may consider off-site parking options, if needed, to accommodate
necessary parking, or reducing the parking requirement for off-hours or weekend uses.
10
Albertville parking requirements for similar uses are below:
Use Parking Requirements
School, Elementary and Junior High At least one parking space for each classroom, plus
one additional space for each 50 student capacity
School, High School through
Collect, and Private and Day or
Church Schools
At least one space for each seven students based on
design capacity, plus one for each three classrooms
Community Centers, Health
Studios, Libraries, Private Clubs,
Lodges
10 spaces, plus one for each 150 square feet in excess
of 2,000 square feet of floor area in the principle
structure
Training Sessions/Events. Sports training facilities will likely have scheduled sessions
for training or practices during weekdays and weekends, but may also have events or
competitions on weekends. These tournaments must not interfere with the industrial
uses, and allow them to function efficiently and unencumbered. Staff suggests that
competitions and events are kept to weekends to remove potential negative interactions
between traffic and gathering associated with events.
SIMILAR ZONING ORDINANCES
New Hope. Sports training centers are allowed as a conditional use in the Industrial
District with the following conditions:
A. The facility has adequate parking for the use.
B. A traffic study shall be required under the following conditions:
1. The use generates traffic beyond the existing traffic level and resulting in
more than 100 trips in any peak hour.
2. The city engineer determines that the site location, access, or traffic
generation may result in traffic conflicts, safety issues, or a reduction of the
street service level classification.
3. The site has direct access to an arterial or collector street as defined in the
City Code, without utilizing public streets of a lower traffic handling
classification to reach the arterial or collector street. (Proposed.)
4. The conditional use permit must address all issues identified in the traffic
study and the property owner shall be assessed for costs associated with
improvements deemed necessary to mitigate traffic issues generated by
the proposed use.
5. Assembly uses may not exceed fifty (50) persons unless arrival and
departure times of participants are staggered.
11
Golden Valley. Health, fitness and/or exercise facilities, including dance studio,
gymnastic training, weight lifting studio, aerobic exercise and gymnasiums are allowed
as a conditional use in an industrial district.
Burnsville. Sports performance training centers are allowed as a conditional use in an
industrial district with the following requirements:
A. All off-street parking and loading shall be provided as required for sports
performance training centers in this title.
B. Parking for special events must be accommodated with off street parking on the
building site or via a joint parking agreement.
C. All signage must meet the requirements of chapter 30 of this title.
D. If the sports performance training center is located in an existing multi-tenant
building the following additional standards apply:
1. Off street parking and loading must be provided for all tenant uses as
required by this title.
2. Customer parking and pedestrian access to the building must not interfere
with off street loading or large truck maneuvering on the site.
3. The building inspector must determine if the change of use requires
alterations to the building to ensure health and safety. The applicant shall
be responsible for all required changes.
CONCLUSION
Staff recommends the addition of the following definition in the Albertville Zoning
Ordinance:
Sports Training Facility: A private establishment, not open to the general
public, offering advanced appointment only individual or group athletic training
programs for specific sports and athletic activities often associated with athletic
organizations, sport associations, and schools, supervised by specialized
coaches present for all training sessions and where tournaments and
competitions may be held.
Staff recommends updating the Zoning Ordinance to allow for sports training facilities in
Chapters 4600.4 (I-1 District) and 4700.5 (I-2 District), Conditional Uses as follows:
Sports training facilities are allowed as a conditional use in the I-1 and I-2 Districts
provided that:
12
A. Daily occupancy, for training and scheduled sessions, may not exceed one
person per 200 square feet of floor area. Occupancy during special events and
tournaments may exceed this standard by 50%.
B. The facility must meet all building and fire code requirements for the proposed
use.
C. The facility has adequate parking for the use at the rate of one parking stall per
350 square feet of the gross floor of the proposed building space.
D. All parking for the use is contained within the building’s designated parking area.
Special event, or tournament, parking shall be onsite or an adjoining site through
an agreement with adjoining property owners.
E. A traffic study may be required under any of the following conditions:
1. The use generates traffic beyond the estimated traffic of a manufacturing
use of equal size level and resulting in more than 100 trips in any peak
hour.
2. The city engineer determines that the site location, access, or traffic
generation may result in traffic conflicts, safety issues, or a reduction of the
street service level classification.
3. The conditional use permit must address all issues identified in the traffic
study and the property owner shall be responsible for costs associated with
improvements deemed necessary to mitigate traffic issues generated by
the proposed use.
F. The facility must have direct access from a collector street.
G. The City may impose limits on the hours of operation to reduce parking conflicts.
c: Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Greg Buhl, Nextex Properties
13
DRAFT
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2017 – ___
AN ORDINANCE AMENDING THE CITY CODE APPENDIX A, ZONING
ORDINANCE, SECTION 200.2, DEFINITIONS RELATING TO SPORTS TRAINING
FACILITIES, SECTION 4600.4 RELATING TO CONDITIONAL USES
IN THE I-1 DISTRICT, AND SECTION 4700.5 RELATING TO CONDITIONAL USES
IN THE I-2 DISTRICT IN THE CITY OF ALBERTVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Chapter 200, Rules and Definitions, Section 200.2 Definitions, is hereby
amended to repeal the strikeouts and add the following underlined text:
SPORTS TRAINING FACILITY: A private establishment, not open to the general public,
offering advanced appointment only individual or group athletic training programs for specific
sports and athletic activities often associated with athletic organizations, sport associations, and
schools, supervised by specialized coaches present for all training sessions and where
tournaments and competitions may be held.
SECTION 2. Chapter 4600 I-1 Limited Industrial District, Section 4600.4 Conditional Uses of
the Albertville City Code is hereby amended to repeal the strikeouts and add the following
underlined text:
The following are conditional uses in an I-1 district: (Requires a conditional use permit based
upon procedures set forth in and regulated by chapter 400 of this ordinance.)
Sports training facilities; provided that:
A. Daily occupancy, for training and scheduled sessions, may not exceed one person per 200
square feet of floor area. Occupancy during special events and tournaments may exceed
this standard by 50%.
B. The facility must meet all building and fire code requirements for the proposed use. The
facility has adequate parking for the use at the rate of one parking stall per 350 square
feet of the gross floor of the proposed building space.
C. All parking for the use is contained within the building’s designated parking area. Special
event, or tournament, parking shall be onsite or an adjoining site through an agreement
with adjoining property owners.
City of Albertville
Ordinance No. 2017- ___
Page 14
14
D. A traffic study may be required under any of the following conditions:
1. The use generates traffic beyond the estimated traffic of a manufacturing use of
equal size level and resulting in more than 100 trips in any peak hour.
2. The city engineer determines that the site location, access, or traffic generation
may result in traffic conflicts, safety issues, or a reduction of the street service
level classification.
3. The conditional use permit must address all issues identified in the traffic study
and the property owner shall be responsible for costs associated with
improvements deemed necessary to mitigate traffic issues generated by the
proposed use.
E. The facility must have direct access from a collector street.
F. The City may impose limits on the hours of operation to reduce parking conflicts
SECTION 3. Chapter 4700 I-2 General Industrial District, Section 4700.5 Conditional Uses of
the Albertville City Code is hereby amended to repeal the strikeouts and add the following
underlined text:
The following are conditional uses in an I-2 district: (Requires a conditional use permit based
upon procedures set forth in and regulated by chapter 400 of this ordinance.)
All conditional uses as allowed in an I-1 district (section 4600.4 of this ordinance).
Sports training facilities; provided that:
A. Daily occupancy, for training and scheduled sessions, may not exceed one person per 200
square feet of floor area. Occupancy during special events and tournaments may exceed
this standard by 50%.
B. The facility must meet all building and fire code requirements for the proposed use. The
facility has adequate parking for the use at the rate of one parking stall per 350 square
feet of the gross floor of the proposed building space.
C. All parking for the use is contained within the building’s designated parking area. Special
event, or tournament, parking shall be onsite or an adjoining site through an agreement
with adjoining property owners.
D. A traffic study may be required under any of the following conditions:
a. The use generates traffic beyond the estimated traffic of a manufacturing use of
equal size level and resulting in more than 100 trips in any peak hour.
b. The city engineer determines that the site location, access, or traffic generation
may result in traffic conflicts, safety issues, or a reduction of the street service
level classification.
City of Albertville
Ordinance No. 2017- ___
Page 15
15
c. The conditional use permit must address all issues identified in the traffic study
and the property owner shall be responsible for costs associated with
improvements deemed necessary to mitigate traffic issues generated by the
proposed use.
E. The facility must have direct access from a collector street.
F. The City may impose limits on the hours of operation to reduce parking conflicts
This amendment shall be in full force and effective immediately following its passage and
publication.
Approved by the Albertville City Council this 21st day of September 2017.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
_____________________________
Kimberly A. Olson, City Clerk
16
PLANNING REPORT
TO: Adam Nafstad
FROM: Chloe McGuire Brigl / Alan Brixius
DATE: September 7, 2017
RE: Albertville – Shooting Stars Gymnastics – Conditional Use Permit
FILE NO: 163.06 – 17.08
BACKGROUND
Nextex Properties, LLC and Shooting Stars Gymnastics has applied for a zoning text
amendment and a conditional use permit to allow for a gymnastics studio in an industrial
building. Shooting Stars Gymnastics recently moved into a space in the Barthel
Industrial Park, located at 5548 Barthel Industrial Drive, Suite 400, though gymnastics
spaces are currently not allowed in industrial spaces.
In order for Shooting Stars Gymnastics to operate in accordance with the Albertville
Zoning Code, the Zoning Code needs to be updated to allow for sports training facilities
in Industrial Districts as a conditional use. Shooting Stars Gymnastics needs to be
granted a Conditional Use Permit under this ordinance, if approved.
Shooting Stars currently operates with an average of five instructors and up to 50
students on weeknights, and expects to host weekend competitions, with 70 gymnasts
attending.
The space Shooting Stars currently occupies is approximately 12,800 square feet in the
Nextex Industrial building located at 5548 Barthel Industrial Drive NE. The building has
36 parking spaces, 7 of which are typically used during normal business hours.
Attached for reference:
Exhibit A: Shooting Stars Gymnastics Narrative
Exhibit B: Nextex Properties – Tenants and Hours of Operation
Exhibit C: Nextex Property Summary
Exhibit D: Shooting Stars Gymnastics Space
Exhibit E: Building Inspector Assessment
17
ISSUES ANALYSIS
Occupancy Standards. Daily occupancy, for training and scheduled sessions, may not
exceed one person per 200 square feet. Occupancy during special events and
tournaments may exceed this standard by 50%. Shooting Stars currently has 12,800
square feet of space. The following table represents the Code requirements.
Code Requirements Maximum
Occupancy
Proposed
Occupancy
Daily: 1 person per 200 square
feet
64 50 students (maximum), plus 5
instructors
Tournaments: Daily occupancy
times factor of 1.5
96 70 gymnasts, plus parents and judges
Parking and Circulation. Nextex has approximately 36 parking striped parking spaces,
two of which are handicapped spaces. According to Greg Buhl, of Nextex Properties, the
other two tenants in the building, Intex Corporation and American Engineering, occupy 5
to 7 spaces daily. There are unstriped parking spaces behind the building that are
regularly used.
Code Requirements Stall Requirement Onsite Parking
One parking stall per 300 square feet of 80% of the
gross floor of the proposed building space (12,800
sq. ft.) 35 36
During tournaments, which take place on weekends, Shooting Stars expects to have 70
gymnasts at these events at one time, and expects around 40 cars, including gymnasts,
families, coaches, and judges. The Albertville Code allows for a reduction of the required
spaces if the proposed use takes place during off-hours. Staff does not expect any
parking shortages or circulation problems during weekdays.
Barthel Industrial Drive is a collector street.
Hours of Operation. The other two tenants in the building, Intex Corporation and
American Engineering, operate Monday through Friday, from 7 am to 4:30 pm.
Shooting Stars hours of operation during the school year (Sept – May) are as follows:
Monday, Wednesday, Thursday, Friday: 5:00 – 8:00 pm;
Tuesday: 4:00 – 8:00 pm
Saturday: 8:00 am – 12:00 pm (noon)
Shooting Stars website, their summer hours of operation are:
Monday: 10:00 am – 7:30 pm
Tuesday: 10:00 am – 1:00 pm; 4:00 pm – 8:00 pm
Wednesday: 9:00 am – 11:30 am; 1:00 pm – 7:30 pm
Thursday: 9:00 am – 12:00 pm; 1:00 pm – 8:00 pm
18
The hours of operation for the gymnastics studio are during evenings and weekends
during the academic year. During the summer months, Shooting Stars’ hours of
operation overlap with the two other tenants. Because of the little parking used by the
other tenants, staff does not see any issues arising from this overlap.
CONCLUSION
Staff recommends approval of the Conditional Use Permit for Shooting Stars Gymnastics
with the following conditions:
1. The Building Inspector must approve the space for the sports training facility, and
no occupation of the space shall take place before his approval. The applicant
must comply with the conditions set forth in the Building Inspector’s Assessment
of the building.
2. No tournaments, competitions, or events shall take place on weekdays.
3. The facility must meet all building and fire code requirements for the proposed
use.
4. All parking for the use must be contained within the building’s designated parking
area. Special event, or tournament, parking shall be onsite or an adjoining site
through an agreement with adjoining property owners.
5. No parking shall take place behind the building, in order to ensure safety of
students from industrial uses that may take place behind the building.
6. Operations shall take place between 9:00 am and 8:00 pm on weekdays and 8:00
to 12:00 pm on weekends.
7. Occupancy shall not exceed 64 persons during normal sessions and 96 persons
during tournaments and events.
c: Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Greg Buhl, Nextex Properties
Exhibit A19
Exhibit B20
Exhibit C21
Exhibit C22
Exhibit D23
Paul and Jim did a walk thru of Shooting Stars tenant space on Monday the 10th. Their
observations are as follows:
1. Fire extinguishers shall be located at front entry and rear entry exits. Fire
extinguishers shall be updated and certified. Provide signage for fire extinguishers.
2. Replace all emergency lighting batteries, we tested and they were not operational.
3. Replace or repair men’s restroom exhaust fan.
4. Repair concrete floor/tile at main exit, area was damaged.
5. Provide accessible counter for any public transactions.
6. Provide mechanical ventilation for entire tenant space. Provide outdoor air
calculations based on square footage or occupant load to the Building Official for his
review.
7. Provide handicap parking and van unloading space. Provide handicap signage to
include $200 fine language.
8. Provide fire key box and master keys to Fire Marshal.
9. Existing building is protected by a fire suppression system.
10. Paul and Jim’s recommendation is to remove tenant.
Exhibit E24
25
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius
DATE: September 7, 2017
RE: Albertville – Towne Lakes 7th Addition
FILE NO: 163.06 – 17.10
BACKGROUND
In 2003, the City of Albertville approved PUD zoning and a preliminary plat for Towne
Lakes Phase 2 development. The PUD and plat approval incorporated 93 acres of land
at the southeast corner of County Road 19 and 70th Street. Towne Lakes Phase 2 PUD
was an extension of the original Towne Lakes PUD traditional neighborhood that
consisted of 85 acres and 150 single family lots located between School and Hunter
Lake.
The original Phase 2 development included single family homes, townhomes, a
neighborhood park, and the Shoppes of Towne Lakes commercial area along County
Road 19. Through the years, the City approved final plats for Towne Lakes. Only the 7th
Addition remains as undeveloped.
Douglas A. Carlson Development has now applied for a preliminary and final plat
approval for the 7th Addition. This addition includes the remaining undeveloped
residential land in the Towne Lakes Phase 2. The plat will be integrated with the final
development stages of Hunter Pass to complete these residential neighborhoods.
Attached for reference:
Exhibit A: Existing Conditions
Exhibit B: Preliminary Plat
Exhibit C: Final Plat
Exhibit D: Landscape Plan
26
ISSUES ANALYSIS
Zoning. The subject area is zoned appropriately for the proposed development. It was
rezoned from R-1A to PUD in March 2003, which allowed flexibility in the development
regulations, specifically as they relate to lot size, lot width, lot depth, building height, and
street design.
Comprehensive Plan. The preliminary plat was approved based on the fact that the
design was consistent with the guided residential density defined in the Comprehensive
Plan.
Performance Standards. The lot, block, and street design illustrated on the proposed
preliminary and final plat are generally consistent with the PUD preliminary plat approved
in March 2003 and the amendment approved in December 2004. However, at the
suggestion of the City Engineer, some adjustments in the approved preliminary plat lots
have been made to remove the wetland buffers from the individual lots and to have
buffers platted within the outlots. This change has reduced the lot depths of lots in
Blocks 4 and 5. The reduced lot depth has created a need for a reduced rear yard
setback.
Lots and Blocks. The proposed preliminary and final plat consists of 61 single family
lots. The lot and block design is generally consistent with what was proposed with the
original preliminary plat. The most significant changes are as follows:
1. The original 2004 plat had the required wetland buffer within the platted lots. This
has created issues with the preservation of and maintenance of the wetland buffer
in the past. Homeowners tend to mow their property to expand the usable yard if
they own the easement. Platting the wetland buffer and the wetland as an outlot
and having it dedicated to the City makes this a trespass issue and an easier
enforcement issue for City staff. The plat change is driven by a recommendation
of City staff and impacts on lots in Blocks 4 and 5.
This adjustment reduces the lot depth and increases the setback impact on the
lot’s building pad. The applicant is requesting a PUD amendment to reduce the
required rear yard setback from 25 feet to 10 feet for Lot 1, Block 4 and Lot 5,
Block 5.
2. The new preliminary and final plat includes land trades with Hunters Pass 3rd
Addition to complete Towne Lakes 7th Addition and allows for the construction of
Large Avenue as a primary access point for both Towne Lakes 7th Addition and
Hunters Pass 3rd Addition from 70th Street (County Road 38).
Lot areas in the updated plat range from 8,500 square feet (Lot 5, Block 5) to 24,950
square feet (Lot 7, Block 4).
Setbacks. The following PUD setbacks are applicable throughout the Towne Lakes
single family neighborhoods:
27
Approved Requested
Street Setbacks:*
House/Porch
Face of Garage
15 feet
25 feet
Side Yard Setbacks:
House Side
Garage Side
15 feet between homes
10 feet
5 feet
Rear Yard: 25 feet* 10 feet
* The applicant is pursuing two PUD setback flexibilities from the original approval.
1. The original street side setbacks promoted the house design forward of the
garage. The applicant’s house models in some cases have the garage flush with
the face of the house. The applicant has discussed this with the Towne Lakes
Architectural Committee and received their approval. These house models will be
required to maintain a 25 foot front yard setback for the house and garage. The
applicant must provide written documentation of the HOA approval of this
architectural deviation.
2. The applicant is requesting a reduced rear yard setback for Lot 1, Block 4, and Lot
5, Block 5 from 25 feet to 10 feet. This setback reduction will provide for a
housing pad that is 50 feet deep. The need for the setback reduction is due to the
City’s request to remove the wetland buffer areas from the individual lots.
Staff is supportive of the PUD setback flexibilities provided the Towne Lakes HOA
provides documentation of support for the street side setback. The rear yard setback
flexibilities are driven by the City.
Streets and Access. The proposed streets have a 50 foot right-of-way, consistent with
the approved original PUD standards. The streets have been constructed to a 28 foot
width. All streets will have sidewalks along both sides of the street.
Grading and Utilities. The 7th Addition has undergone preliminary grading, established
street corridors, and trunk utility lines. Final grading, stormwater management, and utility
plans shall be subject to review and approval of the City Engineer.
Landscaping. In review of the landscape plan, we offer the following comments:
1. The applicant’s location, size, and variety of boulevard street trees is consistent
with the original PUD approval and meets current landscape standards.
2. The original PUD provides an extensive landscape buffer yard along 70th Street
providing a staggered row of plantings for the length of the subdivision to screen
28
the neighborhood from 70th Street traffic. 70th Street is now planned to become
County Road 38, a major east-west arterial street between County Road 19 and
U.S. Highway 169. This higher functional classification warrants a robust
landscape buffer yard between this street and the backs of the homes in the 7th
Addition. The proposed landscape plan does not match the original approved
landscape plan in number of plantings and buffer yard design. The proposed
design does not adequately screen the rear yards of these homes.
Staff recommends a landscaped buffer yard that is closer in design to the original
approved PUD landscape plan. A revised plan must be provided and approved by staff.
The following conditions also apply:
1. The buffer yard will be planted with the completion of final grading.
2. The applicant shall warranty or replace landscaping that dies prior to completion
of individual lot construction and issuance of an occupancy permit.
Parks. The park land dedication was satisfied with the 5th and 6th Additions.
Signage. A signage plan must be submitted indicating the locations of stop signs, no
parking signs, street signs, and crosswalks. These signs and crosswalk markings are an
expense of the subdivision.
Development Agreement. As part of the final plat approval, the applicant will be
required to enter into a development agreement with the City.
PUD/HOA. All past Towne Lake additions have been required to be part of the
established homeowners association and must abide by the PUD and HOA bylaws,
covenants, and architecture standards. The City will require the developer to apply to
the existing Towne Lakes Homeowners Association to have all of the numbered lots in
the plat included in the Towne Lakes Homeowners Association and shall take whatever
action is reasonable necessary to have such lots accepted into and governed by the
Towne Lakes Homeowners Association. All new homes shall adhere to the Towne
Lakes architectural standards, except as may be amended and approved in writing by
the Towne Lakes HOA and submitted to the City.
CONCLUSION AND RECOMMENDATION
The Towne Lakes 7th Addition represents the final residential portion of the larger Towne
Lakes neighborhood. This neighborhood is unique in design, architecture, and
amenities, resulting in a high quality residential environment. Based on our review of the
7th Addition, we recommend approval of the 7th Addition preliminary and final plat and
PUD amendment with the following conditions:
29
PUD Amendment. The following PUD flexibilities are recommended by City staff:
Street Setbacks:
House/Porch
Face of Garage
15 feet
25 feet
Side Yard Setbacks:
House Side
Garage Side
Minimum setback between
homes
10 feet
5 feet
15 feet
Rear Yard: 25 feet
Exception to these setbacks are as follows:
1. Pending HOA written approval, the garage may align with the front of the house
with a 25 foot setback for the entire structure.
2. Lot 1, Block 4 and Lot 5, Block 5 shall have a minimum rear yard setback of 10
feet.
Preliminary and Final Plat.
1. Street designs shall match the local street design of the Towne Lakes 5th Addition.
The developer shall complete the Large Avenue intersection with 70th Street to
provide another entrance to the subdivision.
2. Sidewalks shall be constructed on both sides of all streets.
3. Final grading, stormwater management, and utility plans shall be subject to review
and approval of the City Engineer.
4. A revised landscape plan shall be submitted that intensifies the landscape buffer
along 70th Street to mimic the original PUD landscape plan for Towne Lakes
Phase 2.
a. Landscaping of the buffer yard shall be installed with completion of final
grading.
b. The applicant shall replace any buffer yard landscaping that may be
damaged or dead prior to completion of home construction or issuance of
an occupancy permit.
5. The developer shall apply to the existing Towne Lakes Homeowners Association
to have all of the numbered lots in the plat included in the Towne Lakes
Homeowners Association and shall take whatever action is reasonably necessary
30
to have such lots accepted into and governed by the Towne Lakes Homeowners
Association. All new homes shall adhered to the Towne Lakes architectural
standards, except as may be amended and approved in writing by the Towne
Lakes Homeowners Association and submitted to the City.
6. The developer shall enter into a development agreement with the City and provide
securities for plat improvements.
c: Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Scott Dahlke
Henry Hanson
EXHIBIT A
31
31
EXHIBIT B
32
32
EXHIBIT C
33
33
EXHIBIT D
34
34
EXHIBIT D
35
35
NORTHWEST ASSOCIATED CONSULTANTS, INC.
__________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
36
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius / Ryan Grittman
DATE: September 7, 2017
RE: Albertville – Hunters Pass Estates 3nd Addition
FILE: 163.06 – 17.09
BACKGROUND
Douglas Carlson Development has submitted an application for Preliminary and Final Plat
approval of Hunters Pass Estates 3rd Addition, of the Hunters Pass Estates PUD. Plat
approval for Hunters Pass Estates was originally attained by the Minnesota Development
Agency, LLC in 2005. Sixty-three single family lots were developed in the first addition of
the development, and 12 lots were developed in the second addition. The site is located to
the west of the existing homes of Hunters Pass Estates, and is bounded on the north by
70th Street (CSAH 38), on the south by Hunters Lake and on the west by the Towne Lakes
development. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay
District of Hunters Lake.
The Hunters Pass Estates subdivision is based on a concept known as “coving.” Coved
subdivisions utilize curvilinear street patterns and varied front yard setbacks as a means of
providing more visual open space and unique streetscape appearance. Protection of
wetland areas associated with Hunters Lake is also a priority for the subdivision, and
impacts how the development approaches side and rear setback, lot area, lot width, street
ROW width, and street width requirements. To facilitate the coved design the subdivision
received City approval of a PUD to grant flexibility in lot area, width and setbacks.
Attached for reference:
Exhibit A: Preliminary Plat / Existing Conditions
Exhibit B: Landscape Plan
Exhibit C: Final Plat
Exhibit D: Hunters Pass Architectural Standards dated June 2, 2005
37
ISSUES ANALYSIS
Existing Conditions. The site is located in the northwest corner of Albertville. Hunters
Lake isolated this site from the remainder of the City. Phase I and Phase II of the Hunters
Pass Estates development has already been completed. The current proposal for the third
addition of development is 18 new lots on two cul-de-sacs. The original approval had the
shoreland lots contain the wetland buffer. The developer is now proposing to have the
shoreland buffer part of the outlot to comply with more contemporary standards.
Comprehensive Plan. The Comprehensive Plan designates the site for Low Density
Residential Development, of which the proposed development is consistent. The applicant
is proposing a single-family subdivision utilizing a “coving” design that integrates with the
site’s natural features. The design will require flexibility from the R-1A District setback
standards (the lot is too close to the OHWL).
Wetland Buffer. The project includes a wetland buffer from Hunters Lake. The buffer will
require flexibility due to the reduced setback that the applicants are requesting. The
Planning Commission and the City Council have the authority to grant flexibility in the
zoning district requirements by way of PUD.
Zoning. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay District
of Hunters Lake. Hunters Lake is designated as a Natural Environment Lake. The
following setback and lot standards are applicable to developments within the R1-A, PUD
and Shoreland Management Overlay District:
Hunters Pass 3rd Addition
R-1A District Requirement PUD Approved
Minimum Lot Area 15,000 sq. feet 8,728 feet – 16,027 feet
Avg. 11,989 feet
Minimum Lot Width (Interior) 100 feet 37 feet – 139 feet
Minimum Lot Width (Corner) 120 feet 57 feet – 105 feet
Front Setback 30 feet 30 feet or greater
Side (Interior) Setback 10 feet Greater than 10 feet
Side (Interior Garage) Setback 5 feet 5 feet or greater
Side (Corner) Setback 30 feet 30 feet*
Rear Principal Setback 25 feet Greater than 25 feet
Rear Accessory Setback 10 feet Shall meet requirement.
Maximum Building Height 35 feet Shall meet requirement.
Maximum Building Lot Coverage 25% Shall meet requirement.
Maximum Units per Acre 2.9 units per acre 0.7 units per acre
Shoreland Overlay District (PUD)
Structure Setback from OHWL 75 feet Less than 75 feet**
Lot Coverage by Impervious Surface Max. 30% Shall meet requirement.
Project Area Open Space Coverage Min. 50% Shall meet requirement.
Wetland Buffer 30 feet Shall meet requirement.
*may require variance on a case by case basis
**will require variance for Lot 5, Block 1; Lot 1, Block 2; and Lot 3, Block 2
38
Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for
reduced lot areas and setbacks to allow for implementation of the coved subdivision design
and increased protection of wetland areas. Approval at that time permitted side yard
setbacks of 5 feet on the garage side and 10 feet on the living space side (interior lots), 30-
foot side yard setbacks on corners, front yard setbacks of +/- 30 feet, and rear setbacks of
a minimum of 30 feet.
As demonstrated in Exhibit C, setbacks for Hunters Pass Estates 3rd Addition lots coincide
with setbacks approved in the original plat, with the exception of rear setbacks. Lots in
Block 1 have been reduced in size to provide for a wetland buffer within the outlot rather
than in the adjoining lots. This reduction in rear setbacks is tied to a reduction in rear lot
depth on wetland lots. To allow for a wetland buffer area external to lots, the rear property
lines on wetland lots have been moved in 20 feet, resulting in a reduced yard. With a
minimum 10-foot rear setback, and a 20-foot wetland buffer, homes will be placed at least
30-feet from the wetland boundary. This is the same wetland setback that was required in
Phase I and Phase II, it is attained by allowing reduced rear setbacks within lots, which
provides for a protected wetland buffer area in the outlot. The following table shows the
setbacks for Hunters Pass 3rd Addition:
Hunters Pass 3rd Addition
Setbacks for Homes
Lot and Block Front Yard Garage Side House Side Yard
Block 1
Lot 1 30 feet 15 feet 15 feet 38 feet
Lot 2 30 feet 10 feet 10 feet 25 feet*
Lot 3 38 feet 5 feet 10 feet 40 feet
Lot 4 48 feet 5 feet 10 feet 42 feet
Lot 5 50 feet 5 feet 35 feet 48 feet
Block 2
Lot 1 30 feet 10 feet 42 feet 50 feet
Lot 2 30 feet 35 feet 20 feet 45 feet
Lot 3 30 feet 15 feet 42 feet 25 feet*
Lot 4 30 feet 20 feet 25 feet 20 feet*
Lot 5 30 feet 12 feet 15 feet 75 feet
Lot 6 30 feet 7 feet 12 feet 70 feet
Lot 7 30 feet 5 feet 12 feet 50 feet
Lot 8 38 feet 5 feet 12 feet 50 feet
Lot 9 55 feet 5 feet 15 feet 25 feet*
Block 3
Lot 1 30 feet 5 feet 12 feet 52 feet
Lot 2 30 feet 5 feet 10 feet 75 feet
Lot 3 30 feet 5 feet 12 feet 80 feet
Lot 4 30 feet 30 feet 10 feet 82 feet
*will require exception to the wetland buffer setback under the PUD
The numbers in the table above show that some of the lots will have a smaller setback from
the wetland buffer than the required setback from the original Hunters Pass. The Planning
39
Commission must decide if these reduced setbacks are acceptable. The original Hunters
Pass had the following setback requirements:
Hunters Pass Phase I
Setbacks
Front Yard 30 feet
Side Yard (Garage) 5 feet
Side Yard (House) 10 feet
Side Yard (Street Side) 30 feet
Rear Yard 30 feet
All homes shall be designed to allow decks and porches to fit within the required building
setbacks. This provision shall be included within the Hunters Pass Estates Architectural
Guidelines and PUD Agreement.
Lot Design.
Low Floor Elevation. Low floor elevations for parcels on lakes must be a minimum of three
feet above the Ordinary High Water Level (OHWL). The OHWL for Hunters Lake is 947.3,
in which case the minimum low floor elevation is 950.3 feet. All building pads in the
proposed development meet this requirement.
Steep Slopes. The site contains areas of steep slopes exceeding a 12% grade, particularly
in lots abutting Hunters Lake. The City Engineer must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a permit for
construction of roads, driveways, structures, or their improvements on steep slopes. When
determined necessary, conditions must be attached to issued permits to prevent erosion
and to preserve existing vegetation screening of structures, vehicles, and other facilities as
viewed from the surface of public waters, assuming summer, leaf-on vegetation. The
applicant must adhere to any recommendations the City Engineer makes in these regards.
Circulation/Access/Street Design. The applicants are proposing to access the
subdivision from 70th Street NE. The subdivision will also connect to Lakewood Drive and
Lakewood Court of the Towne Lakes 7th Addition. The final street design is subject to the
review and approval of the City Engineer.
Grading and Drainage. The applicant shall submit grading, drainage, and utility plans
which are subject to the review and approval of the City Engineer.
Wetland Protection. The applicant has delineated the wetlands on the site. Proposed lots
are located outside of the existing wetland boundary, and wetland areas have been
designated as Outlot A and Outlot B, which will be maintained as a permanent drainage
and utility easements. The applicant shall install signs along the sides of the wetland
demarking the edge of the wetland buffer. The signs and sign locations shall be subject to
the approval of the City Engineer.
40
Landscaping. The applicant has provided a landscaping plan. The Zoning Ordinance
requires that one shade or evergreen tree be planted per residential lot, which will be
required as part of the developer’s agreement. The applicant has provided plantings along
70th Street NE where no outlot exists. City Code requires that all lots backing onto 70th
Street must contain a minimum 20-foot in depth vegetative buffer consisting of staggered
planting that meet the City’s screening requirements. The landscaping plan is generally
consistent with the landscaping plans from Phase I and Phase II. Further, the landscaping
plan meets the City’s requirements for buffer areas.
Park Dedication. According to Section 11-7-8-2 of City Code, the applicants are required
to dedicate to the city for park, playground, and public open space purposes a minimum
amount of land or cash, or a combination of the two. A cash dedication of $3,300 per
single-family lot will be required for this development. The required dedication shall be
made prior to the city's release of the final plat for filing.
Homeowners Association. All property owners in the Hunters Pass Estates 1st Addition
and 2nd Addition are part of the Hunters Pass Estates Homeowners Association (HOA).
The HOA adopted a set of architectural guidelines to guide Phase 1 lot and subdivision
design. Phase II followed architectural guidelines provided in Phase I of development, and
joined the Hunters Pass Estates HOA. Hunter’s Pass Third Addition will adhere to the
architectural standards put forth by the existing homeowner’s association. The Third
Addition shall be required to become part of the HOA, unless the City receives written
documentation from the Hunters Pass HOA declining membership to these lots.
RECOMMENDATION
Upon review of the proposed Preliminary and Final Plat for Hunters Pass Estates 3nd
Addition, it is staffs’ view that the proposed 18 single-family lots are consistent with the
intent of the comprehensive plan for the subject area. Staff recommends approval of the
proposed plat subject to the following conditions:
1. The grading, drainage, and utility plans are subject to review by the City Engineer.
2. Applicant shall install and maintain wetland demarcation signage at the boundaries
of the wetland buffer. The sign and sign location shall be approved by the City
Engineer.
3. Provide a park dedication fee totaling $3,300 per individual lot, to be paid prior to the
release of the final plat for filing.
4. Approval of the following setbacks in the 3rd Addition:
41
Hunters Pass 3rd Addition
Setbacks for Homes
Lot and Block Front Yard Garage Side House Side Yard
Block 1
Lot 1 30 feet 15 feet 15 feet 38 feet
Lot 2 30 feet 10 feet 10 feet 25 feet
Lot 3 38 feet 5 feet 10 feet 40 feet
Lot 4 48 feet 5 feet 10 feet 42 feet
Lot 5 50 feet 5 feet 35 feet 48 feet
Block 2
Lot 1 30 feet 10 feet 42 feet 50 feet
Lot 2 30 feet 35 feet 20 feet 45 feet
Lot 3 30 feet 15 feet 42 feet 25 feet
Lot 4 30 feet 20 feet 25 feet 20 feet
Lot 5 30 feet 12 feet 15 feet 75 feet
Lot 6 30 feet 7 feet 12 feet 70 feet
Lot 7 30 feet 5 feet 12 feet 50 feet
Lot 8 38 feet 5 feet 12 feet 50 feet
Lot 9 55 feet 5 feet 15 feet 25 feet
Block 3
Lot 1 30 feet 5 feet 12 feet 52 feet
Lot 2 30 feet 5 feet 10 feet 75 feet
Lot 3 30 feet 5 feet 12 feet 80 feet
Lot 4 30 feet 30 feet 10 feet 82 feet
5. Applicant shall adhere to established architectural standards (design guidelines) for
the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners
Association.
6. Following final plat approval, the entire plat shall be brought into the Hunters Pass
Estates HOA at the time of recording. The developer and Third Addition
homeowners shall adhere to the HOA declaration, bylaws, rules, and any
addendums to said standards, unless the current HOA declines membership of the
Third Addition.
7. The applicant is required to enter into a PUD agreement that demonstrates that
Hunters Pass Estates 3rd Addition will implement and adhere to applicable
conditions provided in the original Hunters Pass Estates PUD agreement. Further,
the developer will provide all necessary security terms as needed.
8. To remain at least three feet above Hunter Lake’s OHWL of 947.3, low floor
elevation for all homes in the proposed development must be at 950.3 feet in
elevation or higher.
9. The applicant shall address any additional comments from City Staff.
42
c. Kim Olson
Maeghan Becker
Paul Heins
Mike Couri
Douglas Carlson Development, Applicant
EXHIBIT A43
EXHIBIT A44
CIVIL ENGINEERINGSITE DESIGNHUNTERS PASS ESTATESTHIRD ADDITIONRESIDENTIAL DEVELOPMENTEXHIBIT B45
EXHIBIT C46
EXHIBIT D47