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2016-09-13 PC Agenda Packet PLANNING COMMISSION MEETING Tuesday, September 13, 2016 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES August 11, 2016 Planning Commission Meeting (pages 1-3) 3. PUBLIC HEARINGS a. Public Hearing to Consider a Request by Centra Homes LLC to amend Karston Cove CUP/PUD, and Considering Preliminary Plat, and Final Plat entitled Karston Cove 4th Addition (pages 4-11) 4. OTHER BUSINESS a. None. 5. ADJOURNMENT Page 1 ALBERTVILLE PLANNING COMMISSION THURSDAY, AUGUST 11, 2016 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 Edgren, Brempell, and Council Liaison Hudson. Absent: Commissioners Dominick, Barthel, and Wegner. Others Present: City Planner Alan Brixius, and Building Permit Technician Maeghan Becker. Motioned by Edgren, seconded by Brempell, to approve the agenda as presented. Ayes: Klecker, Edgren and Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Brempell, seconded by Edgren, to approve the July 12, 2016 Planning Commission meeting minutes. Ayes: Klecker, Edgren, and Brempell. Nays: None. Absent: Dominick, Barthel and Wegner. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public Hearing to Consider a Request by the City of Albertville for a zoning text amendment to Appendix A, Chapter 100 of the Albertville City Code to opt out of MN Statutes 462.3593 Brixius went over the Temporary Family Health Care Facilities that the Legislature passed. The units are to provide a living space for family members needing temporary care. There are multiple components of the Statute that Brixius went over (see memo page 3). There is an Opt-out option that the municipality will have to complete by September 1, 2016 if they do not wish to proceed with this temporary housing. Staff strongly recommends that the City adopt the ordinance to opt-out of the State regulations to avoid land use and performance standards issues that will occur with the application of State standards on lots within Albertville. Planning Commission Meeting Minutes Page 2 Regular Meeting of August 11, 2016 Brempell wanted to know if a resident requested to do the temporary houses, would we revisit this topic. Brixius stated that we would be able to revisit this topic at any time if necessary. Motioned by Edgren, seconded by Brempell, to open the Public Hearing. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Brempell, seconded by Edgren, to close the Public Hearing. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. Motioned by Edgren, seconded by Klecker, to approve Appendix A, Chapter 100 of the Albertville City Code to opt out of MN Statutes 462.3593. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. **Hudson has concurred with the Planning Commission** B. Public Hearing to consider a Request by the City of Albertville for a zoning text amendment to Appendix A, Chapter 400 of the Albertville City Code to establish a conditional use permit revocation process. Brixius informed the Commissioners that the Albertville Zoning Ordinance does not contain language that outlines the process for conditional use permit revocation. Attached is an ordinance amendment that outlines a revocation process, which is also consistent with the State Statutes. This is recommended by staff to address this issue. Brempell remarked that if revoked, there should be language to have the corrective measures to bring the property back to its original form. Brixius will make the changes on the amendment. Motioned by Edgren, seconded by Brempell, to open the Public Hearing. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Klecker, seconded by Brempell, to close the Public Hearing. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. Motioned by Brempell, seconded by Edgren, to approve Appendix A, Chapter 400 of the Albertville City Code to establish a conditional use permit revocation process. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. Planning Commission Meeting Minutes Page 3 Regular Meeting of August 11, 2016 4. OTHER BUSINESS A. Discussion of Accessory Building Restrictions Brixius explained that there are developments that have covenants on certain properties in Albertville. For instance, one example is Cedar Creek whose covenants restrict accessory buildings along the golf course. Recently, the City has been receiving requests for outbuildings in the Albert Villas subdivisions. Staff found that there are covenants in the 6th Addition which prevent the property owner from being able to have an accessory building the size that he intended. This is forcing property owner against property owner to enforce the covenants through a civil suit. Staff is looking for direction as to whether the enforcement of covenants should remain the same, or if the City should change the ordinance. Hudson looked at both sides of how to handle these situations; furthermore, staff is going to consult with the City Attorney for more input on how to move forward and bring this to City Council. 5. ADJOURNMENT Motioned by Edgren, seconded by Klecker, to adjourn the meeting at 7:30 p.m. Ayes: Klecker, Edgren, Brempell. Nays: None. Absent: Dominick, Barthel, and Wegner. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Maeghan M. Becker, Building Permit Technician NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com 4 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius / Ryan Grittman DATE: September 8, 2016 RE: Albertville - Karston Cove 4th Addition Preliminary Plat, and Final Plat FILE NO: 163.06 – 16.06 BACKGROUND Centra North LLC has submitted an application for an amended CUP/ PUD, a preliminary plat, and final plat for property located along the south side of 64th Street NE in the City of Albertville. The proposed plat includes the removal of 29 townhome lots from the Karston Cove 3rd Addition and re-platting the site into one outlot. The site is zoned R-5, Medium Density Multi Family. The site is currently vacant parcels. The site is adjacent to R-5 zoning to the north, east, and west with a park (Winter Park) to the south. The current site is platted as Karston Cove 3rd Addition, under a CUP/PUD approved in 2004. The plat included 14 lots to the north of 64th Street NE, and 29 lots to the south of 64th Street NE. The 14 lots on the north side have housing units on them and have been developed and sold to individual homeowners. The remaining lots on the south side of 64th Street NE were never built on, but have remained as part of the final plat. The original developer let this property go back to the bank when the housing recession hit in 2008. Centra North LLC has since purchased the property. Since the original 3rd Addition plat, townhomes have become less popular compared to other housing options in the current market. This final plat is controlled by a standing development agreement and a security. The applicants’ intent is to vacate the current plat, obtain their longstanding security, and eventually developing this area with a product that is more desirable within the residential market. 5 Attached for reference: Exhibit A: Site Location Exhibit B: Karston Cove 3rd Addition Plat Exhibit C: Karston Cove 4th Addition Plat Exhibit D: Karston Cove Easement Vacation ISSUES ANALYSIS Zoning. The subject site is zoned R-5, Medium Density Multi Family. The applicants are proposing to re-plat the unbuilt parcels into one outlot. The applicants are not proposing any changes to the zoning map as part of the current request. Lot Area, Width, and Depth. The subject site is approximately 3.9 acres in area and contains 29 townhome lots. The 4th Addition will vacate the existing townhomes and create a single 3.9 acre outlot. Under City Code, no building permits may be issued to an outlot. This site will need to be subdivided in the future to allow any future development. Easements and Utility Connections. With the original platting of Karston Cove 3rd Addition, drainage and utility easements have been placed over all the land located outside the individual unit lots. Exhibit D illustrates these easements. No sanitary sewer or water has been extended into this parcel. However, there are existing wetlands and drainage areas that were placed into easements with the original Karston Cove 1st Addition plat. These original 1st Addition easements protect wetlands and drainage ways that impact the surrounding neighborhoods and must be retained. In review, staff is willing to vacate the 3rd Addition easements over Lot 30, Block 2, but will require the 1st Addition easements to remain in place. The applicants will need to re-dedicate the original 1st Addition easements on the 4th Addition final plat. Curb Cut Access. The applicants are proposing to leave the existing curb cuts in place. Staff supports the curb cuts remaining in place to assist with maintenance of the wetland areas and mowing of the remaining “dry land” areas. Sidewalk. The original plat included a sidewalk along the south side of 64th Street NE. The sidewalk is not completed across the subject site. The City Engineer and the developer are proposing to leave the sidewalk unfinished until the area is re-platted for a new development. The City Engineer has noted that completion of the sidewalk would include completion of the curb cut accesses. In the future, a developer may wish to change these curb cut locations as they see fit. Future construction of the site will likely damage any sidewalk constructed at this time. Neighborhood Association. With the elimination of 29 lots, the neighborhood association will be significantly reduced in terms of the number of units. It should be noted that the covenants for the Karston Cove 3rd Addition allow the developer to add additional property to the association with an expiration date of November 2013. After which, the neighborhood 6 association shall vote on whether or not to allow additional land to be added to the association. Staff recognizes that growing the neighborhood association will make it stronger and more financially stable. This subdivision was approved as a conditional use permit / planned unit development to allow the townhome development. In changing the plat, the City and applicants must amend the approved PUD. As a condition of amending the PUD, staff recommends that the City retain the option to require the developer to have the future development on the south side of 64th Street NE join the existing neighborhood association on the north side, if practical. RECOMMENDATION Based on our review of the plans submitted by Centra North LLC dated August 15, 2016, we recommend approval of amending the CUP/PUD, the preliminary plat, and final plat with a revised development agreement with the following conditions: 1. The City retains the option to require the future development on the outlot on the south side of 64th Street NE to join with the existing neighborhood association on the north side through a revised PUD development agreement. 2. The City vacates the easements over Karston Cove 3rd Addition provided the 4th Addition final plat is revised to dedicate the original 1st Addition easements over the wetlands, ponds, and drainage ways. Said easements shall be subject to the review and approval of the City Engineer prior to recording the final plat. 3. The applicants enter into a development contract with the City that includes the aforementioned conditions of approval. cc. Kim Olson Maeghan Becker Paul Heins Mike Couri Centra North LLC (via email) Site Location Exhibit A City of Albertville 7 Exhibit B8 Exhibit C9 Exhibit C10 11