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2018-09-11 PC Agenda Packet PLANNING COMMISSION MEETING Tuesday, September 11, 2018 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES August 14, 2018 Planning Commission Meeting Minutes (pages 1-4) 3. PUBLIC HEARINGS a. Public hearing to consider the request from Mr. Troy Crank for a conditional use permit to allow for the construction of a second accessory building exceeding 150 sq. ft. in floor area and allow the accumulative total garage and accessory floor area to exceed 1150 sq. ft. for property located at 4924 Kassel Avenue in Albertville. (pages 5-11) b. Public Hearing to Consider a Request from Samaritan Hills Lutheran Church for a CUP/ PUD Amendment to the Shoppes at Towne Lakes 2 PUD establish a Church facility at 6826 Laketowne Drive NE in Albertville (pages 12-28 ) 4. OTHER BUSINESS: None 5. ADJOURNMENT Page 1 ALBERTVILLE PLANNING COMMISSION THURSDAY, AUGUST 16, 2018 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, Halling, and Hudson Absent: None Others Present: City Planner Alan Brixius, Building Permit Technician Maeghan Becker, and Jon and Kelly Peters, the owner of Sunny Days Therapy LLC. Motioned by Buhrmann, seconded by Barthel, to approve the agenda. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Barthel, seconded by Buhrmann, to approve the July 10, 2018 Planning Commission meeting minutes. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public Hearing to Consider a Request from Sunny Days Therapy LLC for a Conditional Use Permit/Planned Unit Development Amendment to establish a 7,154 square for multi-tenant commercial building on Lot 3, Block 1, Shoppes at Prairie Run 2, in Albertville. Planning Commission Meeting Minutes Page 2 Regular Meeting of August 16, 2018 Brixius presented that the Sunny Days Therapy applicant is looking to purchase Lot 3, Block 1 of Shoppes of Prairie Run 2, in order to construct a 7,154 Square Foot commercial multi-tenant building. The applicant is requesting a PUD amendment through a conditional use permit as the building placement and site design that was submitted varies from the original approval PUD that was approved back in 2007. Brixius went over the following: - Zoning - Lot Area and Setbacks - Parking - Loading Area - Building Height - Building Design - Signs - Trash Enclosure - Lighting Plan - Landscape Plan - Grading and Drainage - Utilities - Outdoor Play Area In conclusion, staff recommends approval of the requested CUP/PUD amendment and the site and building plan subject to the following conditions: 1. The plans follow the plans received July 31, 2018 as amended with approval. 2. Parking. a. Elimination of the southern-most parking stall to expand garbage truck access to the trash enclosure. b. Establishment of agreement for the long-term use and maintenance of parking and driveway in the cross easement. 3. Applicant identifies delivery types for the building and demonstrates the delivery trucks can access, off-load and egress from the site. 4. Applicant pursue a comprehensive sign plan for the entire building showing location and size of tenant bay wall signs and location of proposed freestanding signs. 5. The City approves the location of the proposed trash enclosure as a PUD flexibility. Applicant shall provide an elevation showing the trash enclosure design, height, exterior materials and gate detail for approval by City staff. Planning Commission Meeting Minutes Page 3 Regular Meeting of August 16, 2018 6. Light plan be submitted showing the location of all exterior freestanding and wallmounted light fixtures. The plan provides details of the light fixtures. Freestanding fixtures shall match fixtures in the balance of Shoppes at Prairie Run 2. 7. Landscape plan shall address: a. Size of proposed plants. b. Plan adjustment regarding freestanding sign location, freestanding light. locations, screening mechanical equipment and parking lot headlight glare. c. Irrigation of new landscape areas. 8. Compliance with the City Engineer’s review comments per the August 8, 2018 memorandum (Exhibit G). 9. For the outdoor play area, applicant shall provide the following for staff approval: a. Proposed fence detail illustrating fence height and design. b. Fence gate shall be egress only with a self-latching gate. c. Identify the groundcover for the play area. Brempell and Klecker both commented on the parking for this site. Motioned by Buhrmann, seconded by Brempell, to open the Public Hearing. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. Kelly Peters, owner of Sunny Days Therapy LLC, approached the podium and gave the history on the Sunny Days Therapy LLC and how they are looking to expand their business in Albertville. Peters also went over what they do at Sunny Days Therapy on a day to day basis. Motioned by Barthel, seconded by Buhrmann, to close the Public Hearing. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Buhrmann, seconded by Halling, to approve the Request from Sunny Days Therapy LLC for a Conditional Use Permit/Planned Unit Development Amendment to establish a 7,154 square foot multi-tenant commercial building on Lot 3, Block 1, Shoppes at Prairie Run 2, in Albertville with the Conditions Outlined in the August 8, 2018 Planning Report. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. Planning Commission Meeting Minutes Page 4 Regular Meeting of August 16, 2018 4. OTHER BUSINESS A. None 5. ADJOURNMENT Motioned by Barthel, seconded by Halling, to adjourn the meeting at 7:20 p.m. Ayes: Klecker, Barthel, Buhrmann, Brempell, Halling, and Hudson. Nays: None. Absent: None. MOTION DECLARED CARRIED. 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 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: September 6, 2018 RE: Albertville – Conditional Use Permit for Second Accessory Structure Exceeding 150 Square Feet and Resulting in a Cumulative Floor Area for Accessory Structures in Excess of 1,150 Square Feet; Troy Crank – 4924 Kassel Avenue FILE: 163.06 – 14.01 BACKGROUND Troy Crank has submitted an application for a conditional use permit to build a 350 square foot second accessory storage building at his property at 4924 Kassel Avenue. If approved this new building exceeds the maximum floor area for a second accessory building and results in a cumulative floor area for single-family accessory structures in excess of the 1,150 square feet permitted in the R-1A, Residential Low Density Single Family District. This larger building is permitted by conditional use permit. The existing attached garage is approximately 990 squa re feet; the total proposed accessory building storage areas will be approximately 1,340 square feet which is less than 200 square feet over the maximum allowed without a conditional use permit. The applicant is proposing to use the building for personal storage. Attached for reference: Exhibit A: Site Plan Sketch Exhibit B: Proposed Floor Plan and Elevations Exhibit C: Photo of Existing Home (to show compatible exterior materials) ISSUES AND ANALYSIS Lot Area. The lot in question is approximately 27,321 square feet (0.63 acres) which is significantly larger than the standard R-1A lot area of 15,000 sq. ft.. The existing home and driveway occupy approximately 3,790 square feet (0.087 acres) or roughly 13 5 percent of total lot area. The proposed 350 square foot storage building will occupy approximately two percent of the rear yard area. The lot provides sufficient space for the addition of a second accessory structure while preserving the majority of the property as open space. Setbacks. The proposed building will be located in the rear yard at the northeast corner of the property. The site plan sketch shows the building meeting the required 10 foot rear yard setback. The building must be set back at least 10 feet from the side lot line per Section 1000.4.B.1.b. (the sketch appears to place the building too close to the north/side yard property line). Building Type and Standards. The proposed building will be sided with vinyl lap siding to match the materials on the side and rear of the home and will include detailing similar to the existing home (see Exhibit C). The exterior appearance of the building is anticipated to be compatible with the principal structure on the lot in compliance with ordinance requirements. The proposed building height meets ordinance requirements for accessory structures. The applicant referred to the second accessory storage building as a “detached garage” on the application form. The site plan does not indicate any access to the street; the applicant should clarify whether vehicle storage is an intended use, and if so, how access will be provided. Conditional Use Permit. The building will be a second accessory structure in excess of 150 square feet and in combination with the existing attached garage will exceed the maximum cumulative floor area of 1,150 square feet for residential accessory structures. This may be allowed via conditional use permit provided the following criteria are met: Section 1000.4.H. 1. There is a demonstrated need and potential for a continued use of the structure and the purpose stated. Comment: The applicants have stated that they will be u sing the building for additional personal storage. 2. The building has an evident reuse or function related to the principal use. Comment: The building will provide an additional enclosed storage area for personal items associated with residential use. 3. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare. 6 Comment: The building will be sided to match the home on the property and is anticipated to be compatible with adjacent residential uses and not present any hazards. 4. The provisions of subsection 400.2F of this ordinance shall be considered and a determination made that the proposed activities are in compliance with such criteria. Comment: This condition requires evaluation of the application to be based on the following factors: Section 400.2.F. 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan. Comment: The 2012 Visioning Study identifies excessive outdoor storage of recreational vehicles, boats, and other items as an issue of concern in the community (p. 6,14, 15, and 41). The proposed building will provide enclosed storage of personal property in a structure that is architecturally compatible with the home on the property. 2. The proposed use is or will be compatible with present and future uses of the area. Comment: The property is currently zoned R-1A Low Density District; the proposed accessory building may be allowed via conditional use permit. Use of the building for personal storage is anticipated to be compatible with current and future residential uses in the area. 3. The proposed use conforms with all performance standards contained herein. Comment: The proposed accessory structure must meet setback requirements. The proposed building materials are complementary to the existing home and the accessory building complies with height limitations for residential accessory structures. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The accessory building will be used for personal storage and is not anticipated to depreciate the property or area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 7 Comment: The proposed accessory building can be accommodated with existing service provision. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. Comment: No additional traffic beyond what is typical for residential uses is anticipated in connection with the proposed accessory structure. SUMMARY AND RECOMMENDATION The applicant is requesting a conditional use permit for the construction of a second accessory structure in excess of 350 square feet which will, in combination with the existing attached garage, exceed the cumulative allowed floor area for accessory structures. The building will be used for personal storage within a structure that is architecturally compatible with the existing home. Planning staff is recommending approval based on the finding that use of the building for personal storage is a reasona ble accessory use in the R-1A District, the proposed building is similar in character to the existing home, and the proposed building meets the performance standards and conditional use permit criteria in the ordinance. Approval may be granted with the following conditions: 1. The accessory building must be located at least 10 feet from rear and side lot lines. Applicant shall identify the lot monuments to delineate the lot line and confirm the setbacks. 2. An accessory building exceeding 200 sq. ft. in area must obtain a building permit from the city prior to construction. 3. This CUP approval does not include any driveway access to the new building. Any future driveway access to the new building will require a site and grading plan to be approved as a separate application. 4. The building shall not be used for any commercial business or home occupation purposes. c: Kim Hodea Maeghan Becker Paul Heins Mike Couri Applicant: Troy Crank, 4924 Kassel Avenue, Albertville MN 55301 8 EXHIBIT A 9 EXHIBIT B10 EXHIBIT C 11 MEMORANDUM TO: Adam Nafstad FROM: Maureen Hoffman / Alan Brixius DATE: September 6, 2018 RE: Albertville – Samaritan’s Hill Lutheran Church FILE NO: 163.06 – 18.09 BACKGROUND Samaritan’s Hill Lutheran Church is proposing to move into 6826 Laketown Place, which is block 001 of the Shoppes at Towne Lakes 2nd Addition, a PUD. The site is partially developed, and the existing building encompasses approximately 5,000 square feet. The site is zoned B-2A Special District and was granted a PUD/CUP in November 2005 with Shoppes of Towne Lakes 2nd Addition Final Plat approval in March 2006. This plat was partially developed at the time, but never completed. This building site and the balance of the vacant lots have fallen into unmanaged conditions. This application provides opportunity to bring new attention to this are of the City. Within the B-2A District a religious use is not specifically listed as an allowed use. However, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), religious and institutional uses cannot be discriminated against in a commercial zoning district that allows other commercial assembly land uses. The applicant is proposing minimal construction to the existing building, with primarily interior improvements. The interior improvements will divide the building, as illustrated by the floor plan, in the following fashion: a worship area (2,450 sq ft), Ken’s Closet/storage (102 sq ft), a storage closet (170 sq ft), open space for Sunday School/post-service fellowship (1,331 sq ft), restrooms (279 sq ft), and four offices (600 sq ft). The Church will include a Worship Area, Sunday School/post-service fellowship area, a lightly used clothing donation charity (Ken’s Closet), a space for Mothers of Pre-schoolers programming, and an office for family and marriage counseling. The worship area can seat 75 to 125 people. If the congregation grows, the applicant will add service time. 12 For the applicant to receive approval for the conditional use for amending the PUD to allow this occupancy the application must be processed through the Planning Commission and approved by the City Council. Attached for reference: Exhibit A: Original site plan Exhibit B: Aerial photo of site Exhibit C: Applicant narrative Exhibit D: Floor plan Exhibit E: Photographs of landscaping Exhibit F: Photographs of necessary street repair ISSUES AND ANALYSIS Zoning. The site is zoned B-2A District with a conditional use PUD overlay. Changes from the original PUD requires a CUP/PUD amendment. The B -2A District allows commercial uses such as theaters, conference centers, and alike. Under RLUIPA, religious institutions shall be treated in the same measure. which permits a religious institution if it meets the standards of a conditional use permit: 1. Lot Requirements and Setbacks. The religious institution must meet the minimum lot size and setback requirements of the respective B -2A District. B-2A District Required Setbacks (front) 35 feet Setbacks (side – north)* 10 feet Setbacks (side – south)* 10 feet Setbacks (rear) 20 feet Comment: The existing building was created as part of the PUD and meets all required lot size and setbacks. 2. Parking. The Albertville Zoning Code requires at least one space for each four seats in the main assembly hall. The original PUD allows shared parking with the entire Shoppes of Towne Lakes development. (Parcels: 101099001050, 101099001060, 101099001030) Comment: The applicant has stated the worship area will seat from 75 to 125 people. The applicant is still receiving bids for the parking lot strip ing and second wear course coating. The original site plan shows the site has 72 stalls, two of which are handicap accessible. This exceeds the maximum requirements outlined in the City Code. Parking Stalls Maximum Required 35 13 The parking lot pavement has deteriorated and requires a second coarse coating. The applicant shall address the parking lot wear with a second coarse and submit a parking plan outlining the striping to be completed for the lot to obtain approval. 3. Loading. There will be off-street loading space. The conditional PUD may mitigate this requirement. Comment: The applicant has stated the church will contain Ken’s Closet, a place where families that have clothing needs are able to come and select needed items for free of charge. The service will be limited to clothing and shoes, no furniture, electronics, tools, etc. will be accepted. Ken’s Closet will operate via social media, with the inventory posted online. The applicant stated that those who have the need will come to the site to pick up the items, or the items will be delivered. The applicant shall provide commentary on how donations will be handled to ensure after hours donations do not occur without a proper outdoor depository. The applicant shall provide commentary on the types of vehicles that will be making donations. Applicant shall designate a parking stall close to the main entrance to be used specifically for clothing donations drop-off and pick-up. Landscape Plan. A landscape plan for the PUD was approved in 2005. Landscape conditions have since deteriorated (Exhibit E). The applicant shall provide a narrative of maintenance that will be performed including: mulching, weeding, pruning, removal/replacement of dead shrubs, replanting shrubs, and re-establishing turf. Lighting. The photovoltaic plan for the PUD was previously approved. Any new lighting the applicant wishes to install must meet updated City Code. Trash Enclosure. The existing building has an approved outdoor trash enclosure location. The applicant has stated that there is currently no need for an outdoor trash enclosure. The trash will be stored inside the building and put out each week for residential pickup. The applicant shall notify the city when the outdoor garbage container is required. Mechanical Equipment. The applicant shall submit the location and screening plans for all outdoor mechanical equipment, ground mounted and or rooftop. Offsite Conditions. Beyond the church site, street repair improvements need to be completed within the balance of the Shoppes of Towne Lakes 2 nd Addition lots to ensure safe access to the site. This includes street repair outside of the lot (Exhibit F) and repairs to a stormwater culvert. Additionally, the property owner of the balance of Shoppes of Towne Lakes must install “No Overnight” parking signs to all developed parking lots in the PUD. 14 CONCLUSION The proposed use is allowed under the Religious Land Use and Institutionalized Persons Act because the zoning district B-2A allows other commercial assembly. The building has been vacant, and the City would welcome the new use. However, beyond the church site improvements must be made to the roads of the balance of Shoppes at Towne Lakes to ensure safe access to the Church site. We offer the review comments and request additional information on the following from the applicant and property owner: 1. The owner of the balance of Shoppes at Towne Lakes will perform necessary street repair and maintenance on the stormwater culvert. Additionally, the owner shall install “No Overnight” parking signs on all developed lots in the PUD. 2. The site’s landscaping needs to be upgraded to current City standards including: weeding, mulching, re-establishment of turf, and pruning/replacement of shrubs. The applicant must provide a narrative on how and what maintenance will be performed. 3. A parking plan must include installing the second wear course of pavement, striping, stalls, striping of disability stalls, and a designated area for clothing drop- off and loading. It is required the applicant will address the parking deterioration with a second coarse paving. 4. The applicant will provide a narrative on how the Church will handle clothing drop- offs to ensure the outside area does not become unsightly. 5. The applicant shall submit a plan of the location of ground mounted, and or, roof mounted mechanical equipment and include screening plans. CC. Stephen Upgreen Paul Heims Maeghan Becker Kim Hodea Randy Lowe, Samaritan Lutheran Church 15 16 EXHIBIT B 17 EXHIBIT C 18 19 1. The north entrance is designated as the main entrance/exit for the building. The door in the worship area is designated: exit only; and the door on the east side of the building will be designated emergency exit only. 2. Two restrooms are so designated. 3. Open area at the north side of the building will be for post service fellowship and Sunday School for children when service is in session. 4. An attached bar is on the west outer wall of the restrooms for coffee/tea/water and snacks for post service fellowship. There will be a sink and refrigerator on that wall. We will not incorporate a kitchen into the build out. 5. Ken's Closet will be a storage area for new clothing items donated to Samaritan's hill by various retail stores for free distribution to families of need. Our inventory will be posted and maintained on social media and requests will be filled/delivered either by arranging for pick up or we will deliver the items to the families of need. 6. The worship area at the south end of the building will seat from 75 to 125 people. In the event that growth does take place, we would opt to two services on Sunday, 8/10 a.m. If further growth is experienced we would add a Saturday evening service time. 7. Stackable chairs used in the worship area would be placed into a storage area to facilitate a MOPS program. We are simply providing space. We will not run the program. 8. All refuse would be stored in a storage area and placed outside for normal residential pick up. A garbage bin is not necessary at this time. 9. We are receiving bids for the parking lot to add 1 1/2 inch to existing and to stripe per code 20 EXHIBIT D 21 EXHIBIT E 22 EXHIBIT F 23 24 25 26 27 28