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2023-03-14 Planning Commission Packet- PLANNING COMMISSION MEETING Tuesday March 14, 2023 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES December 13, 2022 Planning Commission Meeting (pages 1-3) 5. PUBLIC HEARINGS a. Public hearing to consider a request from JBD MNPROPERTIES LLC and Clough PROPERTIES LLC to amend the 2007 Albertville Marketplace Planned Unit Development to allow the Villas Restaurant on Lot 4 Block 1 of Albertville Marketplace to be converted to Just for Kix Dance School. (pages 4-11) 6. OTHER BUSINESS None 7. ADJOURNMENT ALBERTVILLE PLANNING COMMISSION TUESDAY, DECEMBER 13, 2022 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Buhrmann called the meeting to order at 7:00 pm. Maeghan Becker conducted roll call. Present: Chair Buhrmann and Commissioners Anderson, Huggins and Council Liaison Zagorski. Others Present: City Planner Al Brixius, Building Permit Technician Maeghan Becker Motioned by Anderson, seconded by Huggins to approve the agenda as submitted. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Buhrmann, seconded by Anderson to approve the November 9, 2022, Planning Commission meeting minutes as presented. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public hearing to consider an amendment to reestablish the Billboard annual fee to the Albertville sign code. Brixius presented the billboard fee amendment. The amendment reinserts the fee requirement for annual renewal of billboards which was mistakenly removed in a previous amendment. Buhrmann asked if it was a revenue for the City, Brixius responded yes it is. Motioned by Huggins, seconded by Anderson to open the Public Hearing. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. No one wished to speak. Planning Commission Meeting Minutes Regular Meeting of December 13, 2022 2 Motioned by Anderson, seconded by Buhrmann to close the Public Hearing. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. Huggins asked if billboards were on City property, Brixius responded that they are all on private property and that they exist on an easement. Motioned by Anderson, seconded by Buhrmann to approve the amendment to reestablish the Billboard annual fee to the Albertville sign code. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. B. Public hearing to consider a zoning text amendment and updated zoning map identifying and summarizing all the approved planning unit development zoning districts in Albertville. Brixius presented the Albertville PUD zoning districts summary. Staff is in the process of putting together a summary of the PUD Districts as a zoning text amendment to allow easy access to the zoning regulations within each of these districts. After review of the draft ordinance, staff identified that there was additional information needed to complete the summary. Therefore, we request that the planning commission continue the public hearing to the next planning commission meeting. Motioned by Anderson, seconded by Buhrmann to open the Public Hearing. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. No one wished to speak. Buhrmann asked how many PUD’s there are in Albertville, Brixius went through many different additions throughout Albertville and said that there are many PUD’s with all different standards. Motioned by Anderson, seconded by Huggins to close the Public Hearing. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. Motioned by Anderson, seconded by Buhrmann to continue public hearing to the next planning commission meeting. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. 4. OTHER BUSINESS A. None 5. ADJOURNMENT Motioned by Anderson, seconded by Huggins to adjourn the meeting at 7:09 pm. Ayes: Buhrmann, Anderson, and Huggins. Nays: None. MOTION DECLARED CARRIED. Planning Commission Meeting Minutes Regular Meeting of December 13, 2022 3 Respectfully submitted, _______________________________________ Maeghan M. Becker, Building Permit Technician NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 415 0 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com 4 MEMORANDUM: TO: Adam Nafastad FROM: Alan Brixius DATE: March 9, 2023 RE: Marketplace PUD Amendment – Kix Dance School FILE NO: 163.06 23.01 PROPERTY ADDRESS: 11935 59th Place NE PID: 101-136-001-040 BACKGROUND In 2007, the Albertville City Council approved the Albertville Marketplace Planned unit development consisting of four commercial lots served by a private street system. The lot arrangement and site design also provided for cross access and parking easemen ts to be established for shared parking between the lots. In exchange for design flexibilities through the PUD, the City also imposed the following land use restrictions within the subdivision. 1. All uses within the subdivision shall be limited to the allowed land use within the B-3 Highway Commercial zoning district. 2. The uses on Lot 4, Block 1 of said plat shall be limited to t a restaurant using at least 4,000 square feet of enclosed building space and other uses in the remainder of the building as are allowed under the City’s B-3 zoning ordinance, unless this provision is specifically altered by amendment of the PUD agreement between the City and the Developer or lot owner of Lot 4, Block 1 in the future. (Lot 4, Block 1 is the Villas Restaurant site.) 3. If a motor fuel stations (with or without a convenience store and car wash) is located within the plat, it may only be located on Lot 1 Block 1 of said plat, unless 5 otherwise approved by motion of the City Council. (Lot 2, Block 1 is the Emma’s Express site. The PUD agreement also required the establishment of a Retail Property Owners’ Association consisting of the property owners of Lots 1 -4 of said plat. The plat land uses on Lots 2 and 4 Block 1, have complied with the original PUD conditions. Currently, the owner of Lot 4, Block 1 wishes to sell this property (Villas Restaurant) and the new buyers wish to convert the restaurant into a Kix Dance School. To allow this change of use requires an amendment to the approved Albertville Marketplace Planned Unit development. Clough Properties LLC has submitted application and plan set requesting the PUD Amendment to allow a dance school to locate within the building on Lot 4, Block 1 Albertville Marketplace. EXHIBITS Exhibit A Business Description Exhibit B Site plan (Original PUD) Exhibit C Aerial Photo Exhibit D Proposed Floor plan ANALYSIS Uses: The Albertville Marketplace PUD agreement required Lot 4 Block 1 to be developed as a restaurant. The agreement also allows this requirement to be altered through an amendment to the PUD agreement approved by the City Council. The land uses in the Albertville Marketplace must be allowed within the overlaying B -3 Highway Commercial zoning district. The proposed dance studio is included in the definition of the recreational Business, which is a permitted use within the B -3 district. Lot and setbacks: As shown on Exhibit C the aerial photo, the lot is 1.33 acres in size and includes a portion of the private street (59th Place NE.) The Site was developed in 2007, and met all the zoning requirements of the approved Planned unit development. No building expansion is proposed, the building meets all the approved setbacks. Building Layout: A comparison of the proposed Building floor plan and site plan Exhibits B and D with the aerial photo Exhibit C shows the actual building layout changed from the original site plan. The proposed building floor plan must be revised to show the actual building configuration and dimensions. In conversation with the applicant the building’s conversion will result in a building entrance and lobby, which may include some concession machines and retail sales related to the dance studio, three dance studios, mechanical / storage room and restrooms. Building occupancy will be subject to submission and approval of building permits for the change of use within the building and inspection prior to building occupancy. 6 Parking: The Albertville zoning code does not have a parking standard specifically for dance studio. In conversation with the applicant they informed us that the ir other facilities of similar size have parking lot of 60 -70 stalls. They seldom have these lots at full capacity. The proposed facility will have 3 dance studios. The classes average from 10 to 15 students and instructors. These classes may be slightly larger in Albertville. Classes run 30 minutes for younger students and between 1 to 1 ½ hours for more advance classes. Classes are held Monday through Thursday from 4:00 to 9;30 P.M. In the most intensive parking circumstances the three dance studios could generate up to 45 cars parked at the site. This could double at the intervals when classes turnover with students being picked up and new students arriving. The submitted site plan is not consistent with the aerial photo. The site plan show 80 parking spaces. The aerial photo shows a differ building configuration and roughly 33 shared parking on Lot 1 Block 1. The aerial photo provides a total parking count of approximately 107 parking stalls that may serve the dance studio. The parking count is more than sufficient for the proposed use. While the area available for parking appears to be sufficient, the cond ition of the private street and parking areas require attention. As a condition of approving the PUD amendment the City will required the following: 1. The activation of the Retail Property Owners’ Association consisting of the property owners of Lots 1-4 of said plat for the maintenance and upkeep of the common elements including but not limited to the private street, shared parking areas, streetlights, and storm water amenities. 2. Repair and or replacement of the decorative streetlights along 59th Place NE per the approved PUD design. 3. The parking lots on Lot 1 and 4 Block 1, Albertville Marketplace shall be striped to designate the parking stalls. The parking lot striping shall include: a. All 90-degree parking stalls shall be striped to the dimension of 9 feet wide and 20 feet in length. Drive aisles shall be 24 feet in width. b. The parking lot striping shall illustrate the location and dimension of disability parking stall per ADA standards. 5 disability parking stalls are required for a parking lot of 101 t0 150 stalls. The Disability stalls shall include proper signage. c. The parking lot shall be striped to include unencumbered access lane to the FDC (Fire Department Connection) on the east side of the building. Said access lane shall be striped and signed “NO PARKING”. 7 CONCLUSION The original Marketplace PUD required Lot 4, Block 1 to developed as a restaurant. The property owner and applicant are requesting a PUD amendment to allow a change in land use for this lot. The change in the PUD is a policy decision for the planning commission and City Council. The land use change will bring an active recreational business into the City. If the PUD amendment is seen as acceptable, Staff recommends approval provided the following conditions are met prior to building occupancy. 1. The building floor plan be revised to reflect the actual building configuration and dimensions. 2. The building received the required building permits and inspections for the building alterations for the change of building occupancy. 3. The re-activation of the Retail Property Owners’ Association consisting of the property owners of Lot 1 – 4 of said plat for the maintenance and upkeep of the common elements including but not limited to the private street, streetlights, and storm water management elements. 4. Repair and / or replacement of the damaged decorative streetlights per the approved PUD design. 5. The parking lots on Lot 1 and 4 Block 1, Albertville Marketplace shall be striped to designate the parking stalls. The parking lot striping shall include: d. All 90-degree parking stalls shall be striped to the dimension of 9 feet wide and 20 feet in length. Drive aisles shall be 24 feet in width. e. The parking lot striping shall illustrate the location and dimension of disability parking stall per ADA standards. 5 disability parking stalls are required for a parking lot of 101 t0 150 stalls. The Disability stalls shall include proper signage. f. The parking lot shall be striped to include unencumbered access lane to the FDC (Fire Department Connection) on the east side of the building. Said access lane shall be striped and signed “NO PARKING”. Cc. Maeghan Becker Kris Luedke Mike Couri Clough Properties LLC JDB MNproperties LLC Hytec Construction 8 9 10 11