2017-06-13 PC Agenda Packet
PLANNING COMMISSION MEETING
Tuesday, June 13, 2017
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
April 11, 2017 Planning Commission Meeting (pages 1-3)
3. PUBLIC HEARINGS
a. Public Hearing to Consider a Request from HSB Ventures LLC/Douglas A. Carlson
Development for a PUD Amendment and Variances for a Townhome Development
Within All of Blocks 1 and 2 of Towne Lakes 6th Addition (pages 4-24)
4. OTHER BUSINESS
a. None.
5. ADJOURNMENT
Page 1
ALBERTVILLE PLANNING COMMISSION
TUESDAY, APRIL 11, 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 Dominick, Buhrmann, Barthel, Brempell and
Council Liaison Hudson.
Absent: Wegner.
Others Present: City Planner Alan Brixius, Building Permit Technician Maeghan Becker, and
Albertville Premium Outlets General Manager Laurie Summerland and owner of the property
6575 LaBeaux Avenue NE Brian Fero.
Motioned by Barthel, seconded by Dominick, to approve the agenda. Ayes: Klecker,
Dominick, Barthel, Brempell, Buhrmann and Hudson. Nays: None. Absent: Wegner.
MOTION DECLARED CARRIED.
2. MINUTES
Motioned by Brempell, seconded by Buhrmann, to approve the February 14, 2017 Planning
Commission meeting minutes. Ayes: Klecker, Dominick, Barthel, Brempell, Buhrmann and
Hudson. Nays: None. Absent: Wegner. MOTION DECLARED CARRIED.
3. PUBLIC HEARINGS
A. Public Hearing to Consider a Request from Verizon for a Conditional Use Permit
to Construct a 90 Foot Tall Telecommunications Tower at 6575 LaBeaux Avenue
NE.
The applicant was not present and requested in writing that the Planning Commission continue
the public hearing to their May meeting to allow for the submission of more information.
Planning Commission Meeting Minutes Page 2
Regular Meeting of April 11, 2017
The City has received an application for a conditional use permit to build a new Verizon cell
phone tower located at 6575 LaBeaux Avenue NE. This is a 2.5 acre site and is zoned I-1,
Limited Industrial which, through a conditional use permit, allows personal wireless service
towers on the property.
The applicant is looking to build a 90 foot personal wireless services tower along with support
equipment at the base. Upon receiving the application, staff asked Verizon to identify alternative
locations within a mile. There are two locations with support facilities that would accommodate.
One is located at 6450 63rd Street NE, which is an ATT tower that is 160 feet and two antenna
arrays. The second is the Otsego water tower. The applicant has submitted various exhibits
showing the areas that are good (red), fair (green) and bad (blue). They have also submitted a site
plan and Brixius went over the zoning, setbacks, access, tower design, fencing and landscaping
that the Zoning Ordinance requires.
In conclusion, City staff provided the following options:
1. Motion to deny based on the fact that the Albertville Zoning Ordinance prohibits the
approval of a new tower if there are other towers available to accommodate. In addition,
the applicant’s service area analysis shows the other two sites, the Otsego water tower
and ATT tower, provide alternative sites for an antenna. Also based off of the applicant’s
analysis shows that the ATT tower provides good coverage throughout all Albertville,
including the areas in concern #2 (South of I-94 from County Road 19 to 37 and into St.
Michael).
2. Motion to approve based on the proposed tower is needed to improve cellular service in
Albertville. The applicant has shown that it is improbable to locate their equipment onto
the two existing towers/structures. The new tower location has been chosen to relieve the
loads on existing systems for high cellular use. If approval is given, staff recommends the
following conditions:
a. A building permit
b. A fence permit
c. A revised and more detailed landscaping plan with restrictive requirements
Motioned by Dominick, seconded by Buhrmann, to open the Public Hearing. Ayes: Klecker,
Dominick, Barthel, Brempell, Buhrmann and Hudson. Nays: None. Absent: Wegner.
MOTION DECLARED CARRIED.
Brian Fero, the property owner of 6575 LaBeaux Avenue NE, came up to the podium. Fero has
brought up a concern regarding the Mall of Entertainment, stating that if this will be put in, he
wants to make the comment that the demand for cell phone usage will always increase.
Laurie Summerland, the general manager of the Albertville Premium Outlets, came up to the
podium. She is concerned of how high this tower will be. She expressed that everything in the
surrounding area is smaller than the proposed tower. Summerland is strongly suggesting that an
alternative location for this tower is found. Her concerns are with the location being right behind
the mall, also being located right off of CSAH 19, along with the future developments that may
happen in that area.
Planning Commission Meeting Minutes Page 3
Regular Meeting of April 11, 2017
Brixius and Commissioner Brempell discussed some questions that Brempell would like to bring
to Verizon so they can discuss these items at the next meeting. Commissioners and Brixius
began discussing alternative looks to antenna and smaller antenna options to look at in the future.
Motioned by Dominick, seconded by Barthel, to continue the Public Hearing until the next
Planning Commission Meeting. Ayes: Klecker, Dominick, Barthel, Brempell, Buhrmann and
Hudson. Nays: None. Absent: Wegner. MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. None.
5. ADJOURNMENT
Motioned by Dominick, seconded by Buhrmann, to adjourn the meeting at 7:32pm. Ayes:
Klecker, Dominick, Barthel, Brempell, Buhrmann and Hudson. Nays: None. Absent: Wegner.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Maeghan M. Becker, Building Permit Technician
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PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius
DATE: June 8, 2017
RE: Albertville – Towne Lakes 6th Addition PUD Amendment
FILE NO: 163.06 – 17.03
BACKGROUND
In 2005, the City of Albertville approved the Towne Lakes 6th Addition final plat. This plat
is part of the larger Towne Lakes residential planned unit development and was
approved with 42 townhome lots and six single family lots.
As part of the larger PUD, the City approved the final plat with specific PUD conditions
related to setbacks, specific building designs, landscape plans, that the development has
to be part of the larger Towne Lakes homeowners association, and must be owner-
occupied.
Upon final plat approval, the final plat was recorded, a development contract signed, and
the site was graded and utilities installed to serve each lot. Since 2005, the plat has
been dormant.
HSB Ventures LLC and Douglas A Carlson Development have acquired the site and
hope to develop it with townhomes that fit within the final platted lots. They are
proposing alternative townhome designs that provide some variety of housing styles but
also expands the building footprints, presenting changes in some of the setbacks. The
PUD amendment is required to accommodate the change in townhome designs and
changing setbacks.
Attached for reference:
Exhibit A: 2005 Towne Lakes 6th Addition Final Plat
Exhibit B: 2005 Overall Plan
Exhibit C: 2005 Building Plans
Exhibit D: Color Elevations
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Exhibit E: Building Elevations
Exhibit F1: Floor Plans
Exhibit F2: Floor Plans
Exhibit G: HOA Letter of Support
Exhibit H1: New Concept Plan
Exhibit H2: Concept Plan Overlay
Exhibit I1: Landscape Plan
Exhibit I2: Foundation Landscape Plan
Exhibit I3: Median Landscape Plan
ISSUES AND ANALYSIS
Existing Plat. Exhibit A illustrates the existing Towne Lakes 6th Addition final plat.
Exhibit B illustrates the utility and proposed private street layouts. The applicants wish to
work within the existing platted lots.
Building Design. The original townhome design is illustrated in Exhibit C. The
townhome designs consist of all two-story townhomes. The new townhome design (see
Exhibits D, E, F1, F2) proposes adding single story townhomes at the ends of each
building. This feature offers the following:
1. Single level living is appealing to empty nester households who don’t wish to deal
with stairways.
2. The single story units at each end of the townhome building provide for a more
aesthetically pleasing building by breaking up the monotony of the previous
building design.
3. The building elevations provide an attractive street appeal by the use of a variety
of exterior façade materials and colors. A durable Smart siding will be used for
the horizontal lap siding, the board and batten, and the shake siding. This is a
durable, low maintenance material that will ensure an attractive appearance. The
Towne Lakes Association has reviewed the plan set and approved the designs
with a June 5, 2017 letter (see Exhibit G).
4. Building covered entryways facing the adjoining public street will be accented with
cultured stone, providing a strong street appeal.
The applicants should provide information with regard to crawl spaces or storm rooms for
protection against severe storms.
Streets. The original 6th Addition PUD required public streets to be constructed at a
width of 28 feet, measured to back of curb with parking, with parking restricted to one
side of the street. Lancaster has been constructed to this dimension. We would
recommend parking on the west side of the street so as not to interfere with the single
family driveways.
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A private drive was approved with a minimum width of 22 feet. The proposed site plan
shows a private street narrower than 22 feet. This must be adjusted to reflect a 22 foot
drive surface. This private drive must be signed “no parking” fire lane.
Setbacks. The original 6th Addition PUD established the following setbacks for the
townhome development:
Front Yard Setback. Sixteen feet. The front yard setback for the townhome
development is the building side facing the public street. The design is intended to bring
the buildings’ porches toward the street and provide sidewalk connections to the public
sidewalk. The townhome buildings meet the 16 foot setback for units having front
entrances facing the public street.
The applicant is seeking flexibility from this standard for the south building along 68th
Street which is 12.3 feet from both Linwood Drive and Lancaster Way. They also seek
flexibility from this setback for the units that are closest to 70th Street. This setback is 14
feet. In considering this setback flexibility, it should be noted this is a side wall of the
building with only a single window opening. There will be no access or activities in this
reduced setback area.
Garage Setback from Private Street. The original PUD required townhome garages to
be set back 25 feet from the private street. The applicants’ proposed site plan provides a
22 foot setback from the private street. This is a PUD flexibility requested by the
developer. Staff is supportive of this development.
PUD District Setbacks. The following are PUD required setbacks. Deviation from these
standards require a variance:
• Setback between buildings shall not be less than the sum of the heights of two
adjoining buildings divided by two. The proposed townhome end units have a
height of 14 feet, requiring a setback of 14 feet. The site plan shows a setback
between buildings of eight feet.
• The PUD requires a 15 foot setback from the internal private drive. The site plan
shows an 8.3 foot side yard setback from private drive 1.
In considering a variance from the PUD standards, the following criteria must be met:
1. Does the variance allow for reasonable use of the property? In considering the
variance, the City should consider the overall neighborhood design. This project
has been stagnant since its approval in 2005. Alternative, less desirable
development concepts have been offered for this site. The current development
proposal is consistent with the intended land use and architectural requirements
of the larger Towne Lakes PUD.
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2. The practical difficulty of the site is the configuration and size of the approved final
plat. This was designed for a specific housing product. The physical features of
the site constrain the City’s and developer’s ability to promote a superior housing
product.
3. Building Codes have been changed since the original 6th Addition approval.
Building Codes have been changed that mandate that row townhomes have a fire
suppression system. Additionally, the applicants’ architect is proposing additional
fire wall protection where buildings are only eight feet apart. These features
reduce the need for a greater building separation.
4. The eight foot separation from private streets are side yard setbacks. This side of
the building has few openings and no building access or activity areas will be
occurring in this reduced setback.
5. The requested setback variances are internal to the development and will not
change the essential character of the 6th Addition or larger Towne Lakes
neighborhoods.
6. These requested variances are exclusively unique to the Towne Lakes 6th
Addition due to the past development history, the physical configuration of the
plat, and existing conditions unique to this site. In this respect, the variances will
not be a precedent to any new development elsewhere in the City.
Parking and Garages. The City requires two enclosed stalls for every townhome unit
(minimum garage size of 480 square feet). The applicants propose a garage size of 20
feet wide and 22 feet deep, for a floor area of 440 square feet. While this does not meet
the City’s current standards, it is consistent with other garage sizes of the 2005 PUD
approval.
In addition to the garages, the driveways are 22 feet long, offering two additional parking
spaces and the site plan offers another 11 parking spaces throughout the neighborhood.
While the private drive must be signed “no parking”, Lancaster Way will offer short term
parking on one side of the street.
Landscape Plan. Exhibit I1 is the proposed landscape plan. The plan is consistent
with the landscape plan of the larger Towne Lakes PUD, providing boulevard trees, a
landscape buffer along 70th Street, and a plan for foundation plantings around the
townhomes. In review of the landscape plan, we offer the following comments:
1. The proposed species of trees appear to meet the City’s list of preferred trees. We
will require the plants to be reviewed and approved by the Public Works Director
regarding the type and location of boulevard trees.
2. The tree and shrub sizes meet City standards.
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3. The landscape plan provides shrub hedges along the proposed parking spaces
and at the ends of the dead-end private streets to screen headlight glare.
4. The landscaped areas will be irrigated for watering of trees, shrubs and sodded
areas.
5. The plan includes both a six foot vinyl fence and plantings along single family lot
44 to provide privacy and separation between the townhomes and the single
family home.
6. We would recommend the removal of the boulevard tree and the western most
evergreen tree from the west end of the landscape buffer yard to preserve sight
lines onto 70th Street.
7. We would recommend that the Black Hills Spruce planted in front of Units 8 and 9
and Units 32 and 33 be replaced with a deciduous tree to preserve traffic sight
lines along the private drive.
8. The landscape plan must address the intended plantings or ground cover
between the building with only an eight foot separations.
9. The foundation planting plan (Exhibit I2) shows a rock mulch between the
driveways. This does not work for maintenance or snow plowing. In conversation
with the applicants, this area will be changed out to a concrete gutter to define the
driveway edges, accommodate downspouts, and maintain the driveway’s paved
edge.
10. The applicants are requesting that sidewalk improvements and landscaping on
the outlot west of Linwood not be installed with the 6th Addition, rather be tied to
the replatting and commercial development of that outlot. Staff can agree to this
term in that any current improvement may interfere with future outlot development
or may be damaged during construction of this outlot.
Association and Common Lots. The 6th Addition is part of a larger master PUD and in
itself has a number of shared common features that require attention with regard to
design, ownership, operations, and management. The following items will be required to
address these issues:
1. Developer shall have separate utility connections for each of the
townhome units to allow separate water turnoff and sewer connections
through the landscaped yards of the townhome units.
2. All lots within the plat shall be subject to the Master Homeowners' Association
as currently established for Towne Lakes First and Second Additions. The
Developer shall file covenant documents subjecting all lots within the plat to the
terms and conditions of the Master Homeowners' Association subject to review
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and approval by the City Attorney, which shall be recorded on the property
records of the lots.
3. Developer shall establish a new Townhome Owners' Association, which shall be
responsible for maintaining all common elements including private road
maintenance, snowplowing, lawn care, and any other necessary maintenance.
The documents establishing said Townhome Owners' Association shall meet
the approval of the City Attorney and shall be recorded on the property records
of the affected lots. No building permit shall be issued for any lot which is not
first governed by such Townhome Owners' Association.
4. Developer shall deed to the Townhome Owners' Association, Lot 43 Block
1 of said plat, as a private road for use as a common access to the townhome
lots. Said private road shall have no direct access to 70th Street. Lot 43,
Block 1 shall not be a buildable lot.
5. Developer shall establish shared driveway easements for all lots which
shall use the private roads within Block 1 of Said Plat to access the
townhome units along said private roads. Said easements must meet the
approval of the City Attorney and shall be recorded on the property
records of the affected lots.
6. All townhomes within said Plat shall be owner occupied. Developer shall file
with this Agreement deed restrictions with the Wright County Recorder
of Deeds which provide that all townhome units in Said Plat shall be owner
occupied and which prohibits the rental of the townhome units. Said deed
restrictions shall be subject to the review and approval of the City Attorney.
7. Developer acknowledges and understands that the intersection of Linwood Drive
and 70th Street will be reevaluated with the future improvements of 70th
Street as a divided urban collector street. With the improvement of 70th Street
as a divided urban collector street, Linwood Drive may be restricted to a right-
in/right-out intersection with 70th Street. Developer agrees to release and hold
harmless the City from any claim of diminution in property value of the
properties on Said Plat arising from said potential restriction of the Linwood/70th
Street intersection.
RECOMMENDATION
The Towne Lakes 6th Addition final plat was approved and recorded in 2005. The site
was graded and utilities installed. Since this action, the plat has lied dormant with only
recent development interest. The current application proposes a townhome
development consistent with the original PUD plan. The applicants are proposing
changes to the townhome design that they believe is more responsive to current markets
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and is a superior product to the previous townhome design. To accommodate the
expanded building footprint, the applicants need to amend the 2005 PUD and secure two
variances.
Based on our review of the development application, staff recommends approval of the
PUD amendment and variances based on site plans and landscape plans dated 6/2/17
and building plans dated 6/1/17 with the following conditions:
1. The PUD grants the following setbacks:
a. Front yard setbacks not less than 16 feet from public street right-of-way.
b. Side yard setbacks of 12.3 feet for Lots 19 and 24 from public street right-
of-way.
c. Side yard setbacks of 14 feet for Lots 1 and 42 from the 70th Street right-of-
way.
d. Garages shall be set back a minimum of 22 feet from private streets.
2. Variances are approved based on the findings of this report to allow the following
setbacks:
a. Setbacks between buildings not less than eight feet. All buildings must
have a fire suppression system and have approved fire wall construction
where setbacks are less than 10 feet.
b. Side yard setbacks from private streets shall not be less than 8.3 feet.
3. Building design and exterior finishes shall be per building plans dated 6/1/17.
4. Lancaster Way shall be signed to allow on-street parking on the west side of the
street.
5. The private streets shall be designed and constructed at 22 feet. Said private
drives shall be signed “no parking – fire lane.”
6. The townhome units shall have a minimum garage size of 440 square feet.
7. The landscape plans are approved with the following conditions:
a. The Public Works Director approves the species and location of all
boulevard trees.
b. The applicants shall erect a six foot vinyl fence along the west lot line of Lot
44 of the 6th Addition.
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c. The landscape plan remove the boulevard trees and western-most
evergreen tree at the west end of the buffer yard along 70th Street.
d. Between units on Lots 8 and 9, 32, and 33, replace the evergreen trees
with deciduous trees.
e. Show the landscape treatment between buildings.
f. Eliminate rock mulch between driveways in favor of a concrete gutter.
8. The applicants shall enter into a revised development/PUD agreement with the
City and recorded at the County that includes:
a. Each unit shall have separate utility connections.
b. The 6th Addition shall be subject to the master homeowners association
established with Towne Lakes 1st and 2nd Additions.
c. The developer shall establish townhome association documents that shall
be subject to review and approval of the City Attorney.
d. Lot 43 of Towne Lakes 6th Addition shall be deeded to the townhome
association.
e. Cross access easements over Lot 43 shall be established and conveyed to
each townhome lot.
f. All townhomes shall be owner-occupied. Rentals are prohibited.
9. The applicants shall hold the City harmless for any changes on access via
Linwood Drive due to alterations or improvements to 70th Street.
c: Maeghan Becker
Kim Olson
Paul Heins
Mike Couri
Henry Hanson
Scott Dahlke
EXHIBIT A12
EXHIBIT B13
EXHIBIT C14
EXHIBIT D15
EXHIBIT E16
EXHIBIT F117
EXHIBIT F218
EXHIBIT G19
CIVIL ENGINEERINGSITE DESIGNTOWN LAKES 6th ADDITIONPUD - AMENDMENTPROJECT LOCATIONEXISTING LEGAL DESCRIPTIONDEVELOPMENT DATA: INDEX OF DRAWINGS: EXHIBIT H120
CIVIL ENGINEERINGSITE DESIGNTOWNE LAKES 6th ADDITIONPUD - AMENDMENTPROJECT LOCATIONEXISTING LEGAL DESCRIPTIONDEVELOPMENT DATA: INDEX OF DRAWINGS: EXHIBIT H221
CIVIL ENGINEERINGSITE DESIGNTOWNE LAKES 6th ADDITIONPUD - AMENDMENTINDEX OF LANDSCAPE DRAWINGS: EXHIBIT I122
CIVIL ENGINEERINGSITE DESIGNTOWNE LAKES 6th ADDITIONPUD - AMMENDMENTINDEX OF LANDSCAPE DRAWINGS: EXHIBIT I223
CIVIL ENGINEERINGSITE DESIGNTOWNE LAKES 6th ADDITIONPUD - AMMENDMENTINDEX OF LANDSCAPE DRAWINGS: EXHIBIT I324