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1998-04-20 CC PacketALBERTVILLE CITY COUNCIL AGENDA April 20, 1998 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 2. MINUTES a. April 6, 1998, Regular Meeting b. April 9, 1998, Board of Review 3. '` G MAIMS* Check #'s 10423 —10438 & Check #'s 10446 —10479 4. CITIZEN FORUM - Rio Minute Limit) 5. CONSENT AGENDA a. Financial Statement b. Approve Bingo (Gambling License) for the Albertville Lionesses for June 12, 13, & 14, 1998 C. Authorize Wright County to provide tobacco licensing/compliance 6. DEPARTMENT BUSINESS a. LEGAL - Dan & Steve Feneis — Cottages of Albertville rental units b. PLANNING & ZONING (1) Cedar Creek South — Final Plan (2) Cedar Creek North — Final Plan (3) Karston Cove Townhouses at Cedar Creek North — Preliminary Plat (4) U.S. West Cellular Tower — Conditional Use Permit (5) STMA Primary School — Conditional Use Permit (6) Pat's 66 — Conditional Use Permits (7) Site and Building Plan Review for Mike Savitski c. ENGINEERING (1) Request for authorization to proceed with 1998 Street Overlay Project (2) Discuss installing storm sewer pipe (corner of CR 37 and Main Avenue) d. ADMINISTRATION (1) Discuss fmancing $133,333 share of STMA Ice Arena (2) Discuss proposed location of new Junior High School (3) Personnel Committee Recommendations - Wage increase —Tim - Bonus Pay -Linda (4) Discuss rezoning CR19 south of 57 h Street to Commercial (5) Select date for EDA Board meeting (6) Horseshoe Pits (7) Office Hours (8) WWTF Class B Licensing (Ken) (9) Discuss Compost Site openings 7. ADJOURNMENT 1 UPCOMING MEETINGS/IMPORTANT DATES April 27 Joint Powers Water Board 7:00 PM May 2 Clean Up Day (Old Frankfort Town Hall) 8:00 AM —12:00 Noon May 4 Regular City Council Meeting 7:00 PM May 12 Regular Planning & Zoning Meeting 7:00 PM May 18 Regular City Council Meeting 7:00 PM I f � t ALBERTVILLE CITY COUNCIL April 6, 1998 Albertville City Hall 7:00 PM PRESENT: Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, and City Attorney Mike Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Delete "Schedule public hearing to" from Agenda Item 6b(4) Add Item 6d (6) — Steve Breingan sewer repair reimbursement Add Item 6d (7) — Employee Evaluation Recommendation from the Public Works Committee Stalberger made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. The minutes of the March 16, 1998, meeting were amended on Page 5, Paragraph 5, by striking "All voted aye." and on Page 6, Paragraph 3, by replacing "All voted aye." With `Kerning, Vetsch, Gundersen and Stalberger voted aye. Olsen voted no. The motion carried." Gundersen made a motion to approve the minutes of the March 16, 1998, regular meeting as amended and to approve the minutes of the March 26, 1998, special meeting as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve payment of Check #'s 10369 — 10413 as presented. Stalberger seconded the motion. All voted aye. Frank Hardie, representing the STMA Softball League, requested use of the City Park softball field on Thursday evenings. Last year the league paid $25 per team for use of the field but provided their own field maintenance. Hardie explained that the league is unable to drag and chalk the field each week. Hardie proposes that the league pay $50 per team (or $500), but is requesting that the City drag and chalk the field. Vetsch made a motion to charge the STMA Softball League $50 per team for softball field use and to direct Tim from the Public Works department to drag ALBERTVILLE CITY COUNCIL April 6,1998 Page 2 of 4 and chalk the softball field each weekday. Gundersen seconded the motion. All voted aye. Hardie also expressed his concerns as a bar owner that police cars seem to park and wait for customers to leave his establishment. He questioned whether there aren't other areas where the police can be patrolling, rather than simply parking and waiting for customers to leave. Gunderson made a motion to approve the Financial Statement for the period March 14 — April 1 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the following liquor licenses: • 152 Club, Inc. — On Sale, Off Sale and Sunday Liquor Licenses • Albertville Bar — On Sale, Off Sale, and Sunday Liquor Licenses • KD's Family Restaurant — On Sale and Sunday Liquor Licenses • Hack's — Off Sale Liquor License Stalberger seconded the motion. All voted aye. Gundersen made a motion to accept the high interest bid of 6.15% from State Bank of Rogers and to renew the $589,516.62 Certificate of Deposit that matures on April 7 for a twelve-month period. Stalberger seconded the motion. All voted aye. City Attorney Couri reviewed the Developer's Agreement and Conditional Use Permit for the Parkside Commercial Center. Couri explained that the developer has requested that the surety for the parking lot construction be eliminated with the stipulation that no certificate of occupancy will be issued until the parking lot is completed. Couri feels that the surety for the parking lot is unnecessary as long as the certificate of occupancy is not issued until after the parking lot is completed. Stalberger made a motion to approve the Developer's Agreement and Conditional Use Permit for the Parkside Commercial Center with an amendment to Paragraph 5, Section A concerning on- and off -site improvements eliminating the surety required for the parking lot and stipulating that the certificate of occupancy will not be issued until the parking lot is constructed. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL April 6,1998 Page 3 of 4 Councilmember Vetsch requested that the EDA Board be reactivated and that the Council consider hiring a person to recruit new business to the City. Stalberger made a motion directing the administrator to contact the two non - Council EDA members and get a meeting scheduled. Vetsch seconded the motion. All voted aye. Commissioner Judie Rose suggested that Mark Nevinski, Chair of the Economic Development Partnership of Wright County, be invited to attend the City's EDA meeting. The Council agreed, and Administrator Lund will extend the invitation. Stalberger made a motion to have the EDA research and discuss available financial tools to encourage business to locate in Albertville. Vetsch seconded the, motion. All voted aye. Stalberger made a motion to approve RESOLUTION #1998-9 titled A RESOLUTION CREATING A WATER MAIN FUND AND ASSIGNING THE WAC (WATER ACCESS CHARGE) FEES COLLECTED TO THE FUND, EFFECTIVE JUNE 1, 1998. Gundersen seconded the motion. All voted aye. Stalberger made a motion to adopt ORDINANCE #1998-3 titled AN ORDINANCE AMENDING ORDINANCE #1995-11 (AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE) ESTABLISHING PERMIT FEES. The ordinance upgrades the permit fee schedule from the 1988 Uniform Building Code to the 1994 Uniform Building Code. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the Joint Powers Water Board Concept Plan #2 as presented. Vetsch seconded the motion. All voted aye. Steve Breingan is requesting payment for one-half of the costs of his sewer line repair in the amount of $416. Vetsch made a motion to pay Breingan $416 with the stipulation that upon acceptance of the payment, the City of Albertville is released from further liability regarding this sewer line. Gundersen seconded the motion. All voted aye. i ALBERTVILLE CITY COUNCIL April 6,1998 Page 4 of 4 The Public Works Committee reported on their meeting. Tim Guimont's job performance was evaluated. Based on the favorable review, the Public Works Committee recommends that Guimont be given an $1 an hour increase. After some discussion regarding the Public Works Committee's recommendation, Vetsch made a motion directing the Personnel Committee to meet to review the recommendation and directing Administrator Lund to check where the recommended pay increase could be found in the budget. Gundersen seconded the motion. All voted aye. The Personnel Committee will report to the Council at the next regular meeting. Berning made a motion to adjourn at 8:35 PM. Stalberger seconded the motion. All voted aye. Duane Berning, Acting Mayor Linda Goeb, City Clerk ALBERTVILLE CITY COUNCIL BOARD OF REVIEW April 9,1998 Albertville City Hall 7:00 PM PRESENT: Councilmembers Robert Gundersen, Duane Berning and John Vetsch, City Clerk Linda Goeb, Wright County Assessor Douglas Gruber and City Assessor Greg Kramber Acting Mayor Berning called the Board of Review meeting to order. Assessor Greg Kramber explained that there were 36 sales in the City in 1997 that were used as a basis for assessing market value. For 1997, assessed values in the City of Albertville were 91.7% of the actual sales, in compliance with Minnesota State law. Kramber further explained that land values in the City were left basically the same as last year. Building values were increased 4-5%; commercial values were increased approximately 10%; and ag land values were increased to $7,500 per acre. Harry Weber, owner of the Security State Bank of Maple Lake -Albertville Branch temporary site, had previously met with the Wright County assessors to discuss the evaluation of this property (PID #101-500-363402). The assessor proposes to adjust the evaluation of the Weber property to $23,600 on the land ($0.72 per square foot) and $5,600 on the building. The trailer used as the temporary bank building will be treated as personal property and the bank will pay the taxes itself. Gundersen made a motion to approve the assessor's recommendation and adjust the land value and building values to a total of $29,200 on PID #101-500- 363402. Vetsch seconded the motion. All voted aye. Ken Tiernan questioned the value on one of the three lots he owns. Kramber explained that the 50, x 150' parcel (PID #101-018-000040) was assessed at $6,300, the same as last year. The parcel is taxes as residential homestead, since it is used as a portion of the yard. Tiernan owns three parcels total and the house sits on one parcel, the garage is one parcel and the remaining parcel is yard. The three parcels together are assessed at a total of $21,400, and the house is valued at $69,100. Kramber feels the valuation is fair. ALBERTVILLE CITY COUNCIL BOARD OF REVIEW April 9,1998 Page 2 of 2 Vetsch made a motion to accept Kramber's recommendation to leave the evaluation on Parcel #101-018-000040 at $6,300. Gundersen seconded the motion. All voted aye. Vetsch made a motion to adjourn the Board of Review meeting at 7:45 PM. Gundersen seconded the motion. All voted aye. Duane Berning,Acting Mayor Linda Goeb, City Clerk CLAIMS FOR PAYMENT Check No. Vendor Purpose Amount 10423 Affordable Sanitation Park Rentals $ 145.80 10424 Albertville Villains Lions Donation $ 1,000.00 10425 Barthel, Albert Fire Calls $ 112.00 10426 Berning, Duane Fire Calls $ 105.00 10427 Berning, Greg Fire Calls $ 42.00 10428 Black, Scott Fire Calls $ 42.00 10429 Brandt, Merlyn Axle with tires $ 25.00 10430 Breingan, Steve 1/2 Cost of Sewer Repairs $ 416.00 10431 Brock White Co. Crack Sealant $ 1,037.42 10432 Buffalo Clinic Drug Test $ 27.00 10433 Campbell, Joe Fire Calls $ 91.00 10434 CarQuest Parts & Supplies $ 73.36 10435 Chapman, Jeff Aerator $ 900.00 10436 Chicos, Chad Fire Calls $ 63.00 10437 Danko Emergency Equipment Firefighter Crescent $ 40.75 10438 David, Westley Fire Calls $ 98.00 Check #'s 10439 -10445 VOID $ - 10446 Diversified Inspections Building Inspections $ 6,022.93 10447 DJ's Total Home Care Center Supplies $ 204.60 10448 Drewelow, Robert Fire Calls $ 77.00 10449 Duggan, Jennifer Fire Calls $ 7.00 10450 Front Line Plus Hose & Bunker Boots $ 782.00 10451 Gopher State One Call Locate Requests $ 14.00 10452 Hack's Supplies $ 52.64 10453 Hackenmueller, Ed Fire Calls $ 56.00 10454 Harvest Printing Newsletters $ 74.20 10455 Heinen, Paul Fire Calls $ 42.00 10456 Kennedy & Graven TIF #7 - Senior Housing $ 167.78 10457 Lewis, Brian Fire Calls $ 119.00 10458 Long, Steve Fire Calls $ 56.00 10459 MedTox Laboratories Drug Test Analysis $ 23.75 10460 Mills, Tate Fire Calls $ 49.00 CLAIMS FOR PAYMENT 10461 Monticello Animal Control March pick-ups $ 108.00 10462 MTI Distributing Belts $ 56.05 10463 NSP Street Lights/Monthly Service $ 2,785.51 10464 NAC, Inc. Planning Services $ 6,465.44 10465 PERA Pay Period 3/28 - 4/10 $ 352.94 10466 Premier 94 Truck Service 2 Prong Flasher $ 12.53 10467 Radzwill & Couri Legal Services $ 5,599.00 10468 Roden, Kenny Fire Calls $ 63.00 10469 Roden, Kevin Fire Calls $ 70.00 10470 San -Tom Enterprises Street Sweeping $ 2,028.00 10471 Sentry Systems Park Shelter Alarm (April - June) $ 69.49 10472 Sprint Long Distance $ 28.30 10473 Sup[erior Services Garbage Service - March $ 93.02 10474 USCM Midwest Payroll Deduction/Contribution $ 306.10 10475 Vetsch, David Fire Calls $ 49.00 10476 Wacker, Bob Fire Calls $ 168.00 10477 Wright Recycling March Recycling $ 1,215.00 10478 Wulff, Brian Fire Calls $ 70.00 10479 Zachman, Kevin Fire Calls $ 63.00 10480 10481 Total Bills $ 31,570.61 CITY OF ALBERTVILLE FINANCIAL STATEMENT April 1— April 16,1998 Beginning Cash Balance April 1,1998 $1559931.29 Income: Billings 643.10 Building Permits 68,343.18 Franchise Fees 237.63 Insurance Premium 392.74 Lease Payment 950.00 Liquor Licenses 4,300.00 Loan Repayment 689.06 Park Rent 100.00 Planning Fees 6,300.00 Reimbursement (EDA) 221.64 Special Assessments 180.49 Title Search 100.00 Miscellaneous 70.00 Total Income 789,329.57 Voided Check # 10359 18.47 Expenses: Check Ws 10369 - 10412 40,858.01 (Approved 4/6/98) PreApproved Checks: 3,313.41 (List Attached) Total Expenses 44,171.42 Ending Cash Balance April 16,1998 $1909107.91 Check No. Vendor Purpose Amount 10414 -10417 PAYROLL PERIOD 3/28 - 4J10 $ 3,313.41 10418 -10422 Void $ - TOTAL PREAPPROVED CHECKS $ 3,313.41 t » INVESTMENTS CD #9226 — Development Corporation — matures 4/28/98 7,649.38 CD #300116 = AFD — matures 6/26/98 @ 4.7% 25,183.60 CD #22202 — matures 4/6/99 @ 6.12% 589,516.62 Dain Bosworth Investments (3/31/98) 1,302,543.97 TOTAL INVESTMENTS $1,924,893.57 Money Market Savings Account (3/1/98) 465,134.09 JN,TY 4� DARLA M. GROSHENS Wright County Auditor / Try r :� h• Z Wright County Government Center m 10 2nd Street NW, Room 230 �i Buffalo, Minnesota 55313-1195 0 Phone: (612) 682-7578 FAX. (612) 682-6178 7131325 April 13, 1998 TO: WRIGHT COUNTY CITIES AND TOWNSHIPS FROM: DARLA M GROSHENS, AUD/TREAS. SUBJECT TOBACCO ACCESS LAW & LICENSING Enclosed please find a copy of the "WRIGHT COUNTY TOBACCO ORDINANCE" that was approved by the Wright County Board of Commissioners at the April 7,1998 regular meeting. This ordinance will become egective as of June 1, 1998. You previously received a questionaire from me regarding your intent as to doing your own licensing and compliance checks or if you want the county to take care of this for you. Many of you indicated that you were waiting to see the adopted ordinance before making a decision. I am requesting that you, once more, complete the questions below so that we know which municipalities we will be taking care of officially as of June 1, 1998. Name of Municipality: Authorized Signature It is our intent that Wright County handle the tobacco licensing for us. Yes No It is our intent that Wright County handle the compliance checks for us. Yes No If you have any further questions, please do not hesitate to contact myself at X7579 or Brian Asleson,Asst County Attorney at X7342. We will have application forms available shortly. The license fee has been set at $75.00. Enc Very truly, �:. Darla M Groshens, Auditor-Treas. Equal Opportunity / Affirmative Action Employer WRIGHT COUNTY TOBACCO ORDINANCE ORDINANCE NO.98-2 An Ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in Wright County and designed to reduce the illegal sale, possession, and use of such items to and by minors. THE WRIGHT COUNTY BOARD OF CONOMSIONERS fiERMY ORDAINS AS FOLLOWS: Section 1. Autho This Ordinance is adopted under the authority and pursuant to the mandate of Mnnesota Statutes, Section 461.12, pertaining to municipal tobacco licenses, Section 2. pyrpu This Ordinance shall be intended to regulate the sale, "possession, and use of tobacco, tobacco products and tobacco related devices for the purpose of enforcing existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes, Section 144.391. Section 3. Definitions and Intemretations. Except as may otherwise be provided orclearly J. implied by context, A terms shall be given* their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall incluiie the feminine and neuter, and vice -versa The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1 Compliance Checks. "Compliance Checks" shall mean the system the county uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of State law through this Ordinance. Compliance checks shall involve the use of minors as by authorized state law through this Ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks . may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobargco related devices. Subd. 2 Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans and single cans or other packaging or snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described is this subdivision shall not be considered individually packaged. Subd. 3 Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen years. Subd. 4 Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Subd. 5 Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available , ^- for sale to the general public. Retail establishments shall include, but not be limited to grocery stores, convenience stores, and restaurants. :. a Subd 6 Sale. A "sale" shall mean any transfer of goods for money, trade, barter, -., or other consideration. )u 3 Subd. 7 Self -Service. "Self -Service" shall mean open displays of tobacco, yy, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's's employee.-.-,,1. a t, rti , The assistance or intervention shall entail the actual physical exchange of the a tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 8 Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco lead including but not limited to_ , cigarettes; cigars; pipe tobacco, snuff; fine cut or other chewing tobacco; any other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Subd. 9 Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco product. Subd.10 Vending Machine. `Tending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. Y � � Section 4. LIMM. No person shall sell or offer to sell any tobacco, tobacco pr lu is or tobacco related device without first having obtained a license to.do so from the Vunless located within a town or a home rule charter or statutory city that has retained licensing 1authority under Minnesota Statutes 461.12, Subdivision 1. Subd. i Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the Y county. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of. the business for which the license is sought and any additional information the county deems necessary. Upon receipt of a completed application and payment of a fee pursuant to Section 5 of this ordinance, the County Auditor shall forward the application to the County Board for action at its next regularly scheduled Board meeting. If the County Auditor shall determine that an application is incomplete, , 4s • the application shall be returned with notice of the information necessary to make'' r. the application complete. :. 1'�lo . ) Subd. 2 Action. The County Board may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete!{any investigation bf the'application or the applicant it deems necessary. If the County ' Board shall appmve the license, the County Auditor shall issue the license to the,,,.; applicant. If the County Board denies the license, the notice of the denial shall lie given to the applicant along with notice of the applicant's right to.appeal the ..- decision.. - Subd. 3 Teri. All licenses issued under this Ordinance shall be valid for one calendar year from the date of issue. ._ Subd. 4 Revocation or Suspension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties sections of this Ordinance. Subd. 5 Transfers. All licenses under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to who the license was issued. No transfer of any license to another location or personal shall be valid without the prior approval of the County Board. Subd. 6 Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed retail establishments shall be eligible to be licensed under this Ordinance. Subd. 7 Display. All licenses shall be posted and displayed in plain view of the: general public on the licensed premises. Subd. 8 Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 5. Eg. No license shall be issued under this Ordinance until the approprfi ft license fee shall be paid in full. The fee for a license under this Ordinance shall be establishedby resolution of the County Board. Section 6. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the county must deny the license. If a license is mistakenly issued or renewed to a person, it may be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of 18 years. B. The applicant has been convicted within the. past five years of any �riolaixon of a Federal, State or local law,'ordinance provision, or other regulation relating to 5 tobacco or tobacco, products, or tobacco related devices. r, C. The applicant has had as license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance, or other regulation from holding such a license. Section 7. Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this Ordinance. C. By means of self-service methods unless allowed under Section 9(B) of this . Ordinance. D. B an other means, to an other Y Y Y person, or in any other manner or form :r? prohibited by Federal, State, or other local law, ordinance provision or other regulation. ; . 1. "T Section 8. Vending Machines. It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco, tobacco products or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. Section 9. Self Service Sales. A. No licensee shall offer for sale individually packaged tobacco or tobacco products in open displays which are accessible to the public without the intervention of a store employee. B. Cartons and other multipack units may be offered and sold through open displays accessible to the public. C. Section 9(B) of this Ordinance will expire upon the effective date and implementation of Code of Federal Regulations, Title 21, Part 897.16(c). D. The self-service restrictions described in this Section 9 shall not apply to retail establishments which derive at least 90% of their revenue. from tobaccoand tobacco -relaxed products and which cannot be entered at anytime by persons younger than 18 years of age. Section 10. Responsibility. All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the county from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Secon 11. Compliance Checks and Insnections. All licensed premises shall be open to inspection by an authorized county official during regular business hours. From time to time, but at lease once per year, the county shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minor over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be trained and supervised by designated county personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State; or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. Section 12. Other Illegal . Unless otherwise provided, the following acts shall be a, .: violation of this Ordinance. Subd. 1 Illegal Sales. It shall be a violation of this Ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd 2 Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. q� Subd 3 Illegal Use. It shall be a violation of this Ordinance for any minor to ~ . smoke, chew, sniff, or otherwise use any tobacco, tobacco product or tobacco_. related device.f Subd. 4 Illegal Procurement. It shall be a violation of this Ordinance for any: minor to purchase or attempt to _purchase or otherwise obtain any tobacco, tobacco_,,. product or tobacco, related device,. and it shall be a violation of this Ordinance for .;, any person to purchase or otherwise obtain such items on behalf of a minor. a It. shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain for use any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5 Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of ; .. identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 13. Violations. Subd. 1 Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2 Hearings. If a person accused of violating this Ordinance so requests, -A. hearing shall be scheduled, the time and place of which shall be published and - provided to the accused violator. ^V t zz w Subd. 3 Hearing Panel. The County Board shall appoint a hearing officer to , x ►,a . •.~ handle any requested hearings under this Section. Subd. 4 Decision. If the hearing officer determines that a violation of this Ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under Section 14 of this ' Ordinance, shall be recorded in writing, a copy of which shall be provided to the' W, accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not im an such findings shall be recordedinA"� Bro IO�g Y 1tY� writing a copy of which shall be provided to the accused violator. Subd. 5 Appeals. Appeals of any decision of the County Board under this Ordinance shall be filed in the District Court for Wright County. Section 14. Subd. 1 Licensees. Any licensee found to have violated this Ordinance, or whose employees shall have violated this Ordinance, shall be charged an administrative , fine of $75 for afirst_violation of -this Ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period, and $250 for a third bi subsequent offense at the same location within a twenty-four month period. In addition, with a third or subsequent offense, the license shall be suspended for not less than seven days. Subd 2 Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this Ordinance shall be charged an administrative fee of $75 for a first violation of this Ordinance, and $200 for a second offense within a twenty-four month period Subd. 3 Minors.- Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco related devices shall be charged an administrative fine of S75 and shall be required to attend an appropriate tobacco education or tobacco cessation program from an approved source. The cost of such program shall be the responsibility of the minor attending the program. Subd. 4 Misdemeanor. Nothing in this Section shall prohibit the county from seeking prosecution as a misdemeanor for any violation of this Ordinance. Section 15. seyeMbilitZ. If any Section or portion of this Ordinance is found to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such findings sW not serve as an invalidation of, nor shall it affect the validity and enforceability of any otherSecton or provision of this Ordinance. Section 16. Aoibjjuy. This Ordinance applies to all locations in Wright County where tobacco or tobacco products are sold.-! It is further provided, however, that in any city or township which elects to license and regulate the retail sale of tobacco, pursuant to Minnesota Statutes, Section 461.12, Subd.1, those locations within such city or township shall be exempt from the coverage of the Wright Couaty,'obacco Ordinance.. Section 17. Cow with Other Laws. , The remedies and administrative penalties listed in this Ordinance are not exclusive and ,aze,in addition to any other remedies provided by law.: This Ordinance specifically does,notprecludecriminal prosecution under the laws of Minnesota relating to the use, possession, orsal of tobacco. Section 18. Effective aytyye. This Ordinaj(nce shall take effect on June 1,1998. ^^ y ♦ ,p q Passed and approved this 7th day of April, 1998 by the Wright County Board of Commissioners. w se • on, County Board RichJrd W. ar County Coordinator NW,6#% NORTHWEST ASSOCIATED CONSULTANTS Ito "CW0000 COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Madhu Singh/Elizabeth Stockman DATE: 6 April 1998 RE: Albertville - Cedar Creek Goff Course planned Unit Development Cedar Creek North Final Stage (Final Plat) Cedar Creek South Final Stage (Final Plat) FILE: 163.06 - 98.09 and 98.10 BACKGROUND Pilot Land Development has submitted final stage plans for a portion of the recently approved Cedar Creek Golf Course (CCGC) Planned Unit Development. As the final stage (final platted) portions of the project, together, Cedar Creek North (CCN) and Cedar Creek South (CCS) will provide 63 single family lots in the City. Both plats are consistent with the recently approved development stage (preliminary plats). The sites are zoned Planned Unit Development. Attached for Reference: Exhibit A - Site Location Exhibit B - Approved Golf Course Masterplan Exhibit C1 - C2 - CCN Final Stage Plan Exhibit D1 - D2 - CCS Final stage Plan RECOMMENDATION Based on the review of submitted plans and established Zoning and Subdivision Ordinance requirements, our office recommends approval of the Cedar Creek North and Cedar Creek South Final Staae Final Plats subject to the following conditions: Cedar Creek North: 1. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6I 2-595-9636 FAX 51 2-595-9837 a , ' 2. The final stage plat is revised to show the minimum front yard setbacks as approved with the preliminary plat. 3. Following submittal of plat acreage calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 4. A fourteen (14) foot easement is provided in Outlot C of Cedar Creek North (Outlot B in Cedar Creek South) where emergency and trail access will be provided at the end of Karston Court. 5. One (1) deciduous or coniferous tree is provided per unit. 6. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. Cedar Creek South: 5. A temporary cul-de-sac is constructed at the terminus of Karston Avenue N.E. 6. The final stage plat is revised to show the minimum front yard setbacks as approved with the preliminary plat. 7. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 8. Following submittal of plat acreage calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 9. One (1) deciduous or coniferous tree is provided per unit. 10. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. ISSUES AND ANALYSIS Conformance with Golf Course Master Plan. The proposed final stage plats for CCN and CCS are both in conformance with the approved conceptual master plan. The plats contain the same number of lots and they are configured in the same arrangement as was approved for the development stage (preliminary plat) plans. Lot Size Requirements. All single family lots are a minimum of 15,000 square feet and meet the minimum lot size requirement. Lot widths approved with the CCGC master plan have to be a minimum of eighty (80) feet at the designated front yard setback line (varying for each lot). K Building Setbacks. Lots approved as part of the CCGC Planned Unit Development may have varying front yard setbacks provided they are no less than thirty (30) feet. The final stage plat should be revised to include the minimum front yard setbacks as shown on the preliminary plat and must be adhered to throughout the life of the Planned Unit Development. It shall be the building inspectors job to see that minimum setbacks are met at the time of building permit application. Street Configuration. The proposed street locations and widths are in conformance with the approved CCGC master plan. A temporary cul-de-sac must be provided at the terminus of Karston Avenue in CCS. Access Easement. An easement is required in Outlot C of Cedar Creek North (Outlot B in Cedar Creek South) where emergency and trail access will be provided at the end of Karston Court. It is recommended that a minimum width of fourteen (14) feet be provided to accommodate large emergency vehicles. The remaining portion of this easement will be acquired when future phases of CCN are final platted. Grading, Drainage and Utilities. The grading and drainage plans have been reviewed and approved by the City Engineer and grading is near complete on site The wetland mitigation plan for all of the Cedar Creek Golf Course Planned Unit Development have been approved by the Wright County Soil and Water Conservation District. Wetland locations and approximate mitigation areas and retention ponds are shown on the overall concept attached as Exhibit B. A minor issue with regard to wastewater treatment plant capacity is the large number of preliminary platted lots that have been subdivided in the City. The Albertville's wastewater treatment plant will be nearing capacity within the next few years. While the City is currently planning for the upgrade of the facility, to whom waterwater treatment services are allocated may become controversial between property owners. As a precautionary measure and to provide equitable allocation of services to all property owners, the City Attorney as suggested that a condition be added which provides the City Council the right to allocate wastewater treatment plant capacity in a manner it believes to be in the publics best interest. High Water Elevation. No structure shall be placed at an elevation such that the lowest floor, including the basement floor, is less than two (2) feet above the highest known surface water level or ordinary high water level or less than one (1) foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been inspected by the Building Inspector. Lot Coverage Requirement. All lots in the proposed plat must adhere to a maximum lot coverage requirement such that no structure or combination of structures occupies more than twenty-five (25) percent of the total lot area. Through analysis of the proposed building pad locations in relation to the lot sizes and configurations, it appears as though this requirement should not pose any problem for future land owners. This item will be subject to review and 3 approval of the City Building Inspector at the time of building permit issuance. Park and Trail Dedication. Park and trail dedication cannot be determined until area calculations are received from the project engineer for total final plat residential area (lot total and individual outlot totals), total park area (excluding wetlands), total golf course area, and total linear feet of trails. The final plat must be revised to show the following trails. CCN: 8 foot on Karston Avenue from CSAH 37 to the southern plat border and 8 foot stubbed to the west on 63rd Street. CCS: 8 foot on Karston Avenue These trails are to be installed by the developer with credit from the City toward park dedication requirements. All proposed trails are to be in conformance with the overall intent of the City's Comprehensive Park and Trail System Plan. Required Landscaping. Developers of all new residential subdivisions are required to provide one (1) tree per single family lot The tree may be evergreen (minimum 3 feet high) or deciduous (minimum 2 inch diameter trunk). Plantings shall not be located closer than three (3) feet to the property line. All yards must be sodded or seeded/mulched within thirty (30) days of building occupancy. Front and side yards as well as any other yard which abuts a public street must be sodded. Rear yards which do not abut a public street may be seeded and mulched. In cases where seeding/sodding has not been done within thirty (30) days of occupancy, the developer shall be required to provide an escrow deposit equal to one and one-half (1 '/2) times the estimated cost of the ground cover which will shall be returned to the developer upon completion of the work. if the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of final grading, the area shall be covered with straw or other temporary material to control erosion. CONCLUSION Analysis of the Cedar Creek North and South Final Stage Plats has shown that both are in conformance with the approved CCGC Masterplan. The subdivision of lots and construction of homes which follows are capable of meeting all Subdivision and Zoning Ordinance requirements. 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As the final stage (final platted) portions of the project, together, Cedar Creek North (CCN) and Cedar Creek South (CCS) will provide 63 single family lots in the City. Both plats are consistent with the recently approved development stage (preliminary plats). The sites are zoned Planned Unit Development. Planning Commission Meeting Date: 14 April 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Cedar Creek North and South Final Stage_Plats has been approved based on the most current plans and information received to date, subject to the following conditions: Cedar Creek North: 1. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 2. Following submittal of plat acreage calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 3. A fourteen (14) foot easement is provided in Outlot C of Cedar Creek North (Outlot B in Cedar Creek South) where emergency and trail access will be provided at the end of Karston Court. 4. One (1) deciduous or coniferous tree is provided per unit. 5. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement. Cedar Creek South: 6. A temporary cul-de-sac is constructed at the terminus of Karston Avenue N.E. 7. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 8. Following submittal of plat acreage calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 9. One (1) deciduous or coniferous tree is provided per unit. 10. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement. Adopted by the Albertville Planning Commission this 14th day of April 1998. City of Albertville By: Howard Larson, Chair Attest: Linda Goeb, City Clerk pc: Don Jenson, David Lund, Linda Goeb, Mike Couri, Pete Carlson 4-15-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicant's Name: Pilot Land Development, Cedar Creek North and South Final Staga Plats Request: Pilot Land Development has submitted final stage plans for a portion of the recently approved Cedar Creek Golf Course (CCGC) Planned Unit Development. As the final stage (final platted) portions of the project, together, Cedar Creek North (CCN) and Cedar Creek South (CCS) will provide 63 single family lots in the City. Both plats are consistent with they recently approved development stage (preliminary plats). The sites are zoned Planned Unit Development. City Council Meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for Cedar Creek North and South Final Stage Plats has been approved based on the most current plans and information received to date, subject to the following conditions: Cedar Creek North: 1. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 2. Following submittal of plat acreage calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 3. A fourteen (14) foot easement is provided in Outlot C of Cedar Creek North (Outlot B in Cedar Creek South) where emergency and trail access will be provided at the end of Karston Court. 4. One (1) deciduous or coniferous tree is provided per unit. 5. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement. Cedar Creek South: 6. A temporary cul-de-sac is constructed at the terminus of Karston Avenue N.E. 7. All grading, drainage and utility issues are reviewed and approved by the City Engineer. 8. Following submittal of plat acreag0 calculations by the project engineer as discussed herein park and trail dedication requirements are reviewed and approved by the City Planner. 9. One (1) deciduous or coniferous tree is provided per unit. 10. The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement. Adopted by the Albertville City Council this 20th day of April 1998. City of Albertville M (Mayor Mark Olsen Attest: Linda Goeb, City Clerk pc: Don Jensen, David Lund, Linda Goeb, Mike Couri, Pete Carlson 2 r NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING- DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 6 April 1998 RE: Albertville Karston Cove Medium Density Subdivision Planned Unit Development Conditional Use Permit FILE: 163.06 - 98.07 BACKGROUND Pilot Land Development has submitted plans for subdivision of 81 medium density lots on 21.01 gross acres. The site is located on the south side of CSAH 37 at the western city limits abutting the Cedar Creek Golf Course Development. Plans show the construction of 20 twin home units (10 buildings), 28 quad units (7 buildings), 25 townhouses (3-5 unit buildings), and one 8-unit complex. The site is zoned R-5, Medium Density Multiple Family, and contains 3.30 acres of wetland. The plat includes the provision of .281 acres of parkland. Approval of a Conditional Use Permit Planned Unit Development is required to allow for the subdivision of unit lots from base lots. Attachments: Exhibit A Site Location Exhibit B Site Plan Exhibit C Preliminary Plat Exhibit D Preliminary Grading, Drainage, and Erosion Control. Plan Exhibit E Preliminary Utility Plan Exhibit F1-2 Building Elevations Exhibit G1-2 Building Floor Plans Exhibit H Preliminary Landscape Plan 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595=9636 FAX 61 2-595-9837 EXECUTIVE SUMMARY Recommendation The requested approval of the Karston Cove Preliminary Plat and Planned Unit Development Conditional Use Permit to accommodate 81 housing units requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested Conditional Use Permit is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed. 1. The Conditional Use Permit and Planned Unit Development provisions of the City Zoning Ordinance are met and revised plans are submitted addressing issues as identified herein. 2. A public hearing is held for consideration of the Conditional Use Permit Planned Unit Development. 3. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 4. A property owners association is established in compliance with Section 2700 of the City Zoning Ordinance along with a declaration of covenants, conditions, and restrictions to be approved by the City Attorney. 5. Full-scale building plans, including elevation drawings, must be submitted for review and approval of the City Planner. 6. The front setback to units within Outlot C is increased from thirty (30) feet to thirty-five (35) feet as required in the R-5 zone. 7. The turning radii of street comers will be subject to review and approval of the Fire Chief. 8. If any signs are desired on site, plans. shall be submitted for review and approval of the City Planner. 9. Plans are revised to accommodate the ten (10) foot trail along CSAH 37 either within the street right-of-way or on the Karston Cove property. A trail easement shall be provided, if necessary, over the corridor to allow for public use and maintenance. 10. Park and trail dedication requirements are satisfied through the dedication of .281 acres of parkland and a cash dedication in the amount of $91,221.39 less the cost to construct a thirty (30) stall parking lot, +/-1,451 linear feet of eight (8) foot trails, and +/-1,340 linear feet of ten (10) foot trails. Page 2 Issues Analysis Zoning. The property is zoned R-5, Medium Density Multiple Family which allows multiple family units in buildings with twelve (12) units or less. The proposed plat is in conformance with this requirement. In order to subdivide unit lots from base lots as shown on the plans, desired to permit private ownership of housing units but joint ownership of open space, requires approval of a Planned Unit Development Conditional Use Permit. 1. The PLANNED UNIT DEVELOPMENT designation is an overlay district which requires compliance with the following general Conditional Use Permit provisions of the City Zoning Ordinance: a. 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. b. The proposed use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. f. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed project is consistent with all criteria under item (1) above with the exception of subpart (c). While the project and site are capable of being in confomiance with all Zoning Ordinance perfomiance standards, the submission of ticking plans/data and revised plans will be necessary to show how all conditions of approval have been met. 2. Karston Cove must also comply with the following PLANNED UNIT DEVELOPMENT requirements: a. A property owners association is established in compliance with Section 2700 of the City Zoning Ordinance along with a declaration of covenants, conditions, and restrictions to be approved by the City Attorney. This item has not been received and shall be made a condition of approval. b. No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are part of the internal street pattern. All proposed buildings are in compliance with this requirement. C. No building within the project shall be nearer to another building less than one-half (y2) the sum of the two building heights. Full-scale buikfng plans, Jhc1udng elevation drawings, have not been received, thus this requirement cannot be verified. Submission of full-scale building plans to be reviewed and approved by the City Planner will be made a condition of approval. Page 3 Lot Width, Setback, Height and Coverage Requirements. B-3 Distrk:t Requirements Outlot A outlot a Outlotc Lot Width 100 feet 471.75 feet 317.17 feet 270 feet Setbacks (front) 35 feet 46+ feet (north) 35+ feet (west) (side-interior/comer) 15/30 feet 30 feet (west) 30+ feet (north) 30 feet (north) (side-interior/comer) 15/30 feet 30+ feet (east) 30+ feet (south) 30+ feet (south) (rear) 30 feet 35+ feet (south) 40 feet (rear) 50 feet (east) Building Height Maximum 35 feet unknown unknown unknown Maximum Lot Coverage (Structures) 50 percent of lot area 18.666/9 17.45% 14.57% The proposed improvements are in compliance With all of the above criteria except that the front setback of Outlot C was mistakenly shown at thirty (30) feet rather than the thirty-five (35) feet required. Lot Area. The minimum lot area requirements per unit are required as shown below. The proposed plat is in conformance with the minimum required lot area. Two -Family (Twin) Units 15,000 per double X 10 bidgs. = 3.44 acres Townhouses and Quads 5,000 sf per unit X 53 units = 6.08 acres Multiple Family Units 3,500 sf per unit X 8 units = .64 acres TOTAL MINIMUM LOT AREA REQUIRED: 10.16 acres TOTAL MINIMUM LOT AREA PROVIDED: 13.41 acres Parking and Circulation. The Zoning Ordinance requires two (2) rent-free parking spaces per unit for all types of living quarters proposed. The two family, townhouse and quad garages must be a minimum of 480 square feet. Upon submission of building plans, as a condition of approval, garage size will be verified. All interior private drives are shown at a width of twenty-four (24) feet. This is consistent with other private roads that have recently been approved in Albertville. No on -street parking will be permitted. Turning radii of street comers will be subject to review and approval of the Fire Chief. Signage. A sign plan has not been submitted in association with the proposed improvements. If any signs are desired on site, plans shall be submitted for review and approval of the City Planner. Lighting. Any exterior lighting on site must be arranged as to deflect light away from public streets. The source of all lights shall be hooded. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street(s) and any light or combination of lights which cast light onto residential property shall not exceed four (4) foot candles as measured from the property boundary. Page 4 Screening and Landscaping. All building projects in the City are required to submit a landscape plan which shows that all areas not paved or developed must be planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. Additionally, one (1) shade tree or evergreen tree shall be required per unit for all buildings of four (4) units or less. One (1) shade tree or evergreen tree per lot and sixteen (16) ornamental trees or shrubs shall be provided per street side of lots containing buildings of five (5) or more units. 63 units @ 4 units/bldg. or less X 1 shade tree or evergreen tree = 63 18 units @ 5 units/bldg. or more X 1 shade tree or evergreen tree = 18 plus Two street sides (Outlot B w/ 5+ DU) X 16 ornamental trees or shrubs = 32 A total of 81 shade or evergreen trees and 32 ornamental trees or shrubs must be provided within the subdivision. A landscape plan has been submitted showing the provision of 122 shade trees, 16 ornamental trees and 24 evergreen trees for a total of 162 plants. This meets and exceeds the required provision of 113 trees. In addition, some natural screening will be preserved on site. Park and Trail Dedication. Park land dedication requirements shall be satisfied at a ratio of ten (10) percent of the gross plat area (21.01 acres) which requires that 2.101 ac of land or the cash equivalent be dedicated. The plat shows .281 acres of park land to be dedicated as part of Winter Park which represents 13.37 percent of the dedication requirement. The remaining park dedication shall be satisfied with a cash contribution, less the cost to install the proposed thirty (30) stall parking lot and less the cost to install required trails. The cash contribution is calculated based on 86.63 percent of the 81 units proposed which equals 70.17 units. The cash contribution of $1,300/unit X 70.17 = $91,221.39. Trail dedication requirements dictate that an eight (8) foot trail be provided along one side of Karston Avenue and 64th Street NE and a ten (10) foot trail is provided along the south side of CSAH 37. An eight (8) foot grade -separated trail has been designated as required along Karston Avenue and 64th Street, however, the required ten (10) foot trail along CSAH 37 has not been shown. It is estimated that the cost to construct the eight (8) foot trails ($13/foot) with a total lineal footage of 1,451 feet would be $18,863. The cost to install the ten (10) foot trails ($16/foot) with a total estimated lineal footage of 1,340 feet would be $21,440. Under the policies of the City's Park and Trail Plan and as required by the City Subdivision Ordinance, the developer must construct these trails, the cost of which shall be credited toward the park dedication monies owed. Plans should be revised to accommodate the ten (10) foot trail along CSAH 37 either within the street right-of-way or on the Karston Cove property. A trail easement shall be provided, if necessary, over the corridor to allow for public use and maintenance. Grading, Drainage and Utilities. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. Page 5 CONCLUSION The proposed Karston Cove Preliminary Plat is in conformance with the majority of Zoning and Subdivision Ordinance criteria, however, there are minor outstanding issues to resolve and revised/additional plans are needed. The decision to approve or deny the requested Conditional Use Permit is viewed as .a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decision be made in favor of the Conditional Use Permit. pc: David Lund Kevin Mealhouse Linda Goeb Don Jensen Mike Couri Scott Dahlke Pete Carlson Page 6 4or j I 1 >< M 1 1 In 1 oW N Z� arc ' ~f 1 H001e 9 l N 0 0 1 8 V co r 1O 1 � a ` 1 • � sq zbJ I I C i f. Sle r�. BLOCK 1 2 -! 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O � hiU C4Yf'n EXHIBIT N T EXHIBIT F-2 0 -1 I I 0 N i lul W 10 & gal • O<e f- > .j a r u 0�1 oat u NJ `- 3: 91 Ij u r Oil Of In In Lo d 0 IWZ Aj CO) t a u 316 1;,! 10fag 2 > IL AC) W33 u up! IL . tll -Sx W> 10) Ile III Ll 0,38e < al:r MU, j I- cc), x < uj.1 r-VILWaO III a SIN < z z x x z u u u :3 3 1.. z x 00RIN 9w 72 3 -1 ". u mot 0 EXHIBIT F., wll e•.t - 1 -?-4- t - - 1 ® -- Snoan-• _ v o J X p JA �cJawo i y u y u&&.o3o°c?=Fy�(Y ul UUJ� W �h0. ~wa aa.. 0l7 f=0 w • A w_5 1- io&UX,u NF< Tl2<21u• Yw aft 1pA U .j nd/aa?iLi LLL Wg WW EXHIBIT C 12 J • o w Ufi$t, a Y E 8 S '„a kL cm g o _ Alt r-] � ° bd6.031 bz nd c� xx p. �V N •IV �Y �V N _'fH _ ifl V1 ill I I I 1 � I•� I f�: I �� ��� Y� � � .. i,��. a 5a a • u s A I •. � �� Zoe �. a, �t>>\ � asy I •I' '� FO�N �•k1 gQct-kia nu•i� c2 a��l� v e z �i11�Jl -..� � � � ,'�,, � �. £h.R°T ��j�;i,� F� (/'.��/'•���•(��(✓� a R z� )I• I I P� K \ a I i N 1A NN la 1 l I l } aiC4\�11 (�{) I1. I ••\ I ;;e�st�va tt ng4 s°# I !,I J oal � � 1� 52tii' °' �. rim •\ �//' I1, ' � Vj f \ ' � $ IE' g€ �§S 5� � 3 ziy �,• j{' i� Ss fF € R "s. ;Pill la+gill � 8� � lYj I $ ri(i +li� Y„,; .•� ,yl,,,J,• - { 7 � /lno �.1 � �`�\ a{� s"t t ll;f !' �. - .% yeti «�*� „v, f�� �a�;+ '•1 r �;'v. � �� � 3i1��,�t � a�$ �i b� l jj a. i c e i I``� ' ..► ZZ 00 O zz- x zWQImo_ I 1 \ , a� i s .lit� $ { X i� i*�•• at@';k�: ; � �� ��, �. / isc Ziia�� Sq 3gg j ti/� g bi ~ 2 LLI 41 40 O SZe 4-1 10 ig J.il a o49= 6 W , s E CITY OF ALBERTVILLE 4-15-98 Planning Commission Findings of Fact & Recommendation Request: Pilot Land Development has submitted plans for subdivision of 81 medium density lots on 21.01 gross acres. The site is located on the south side of CSAH 37 at the western city limits abutting the Cedar Creek Golf Course Development. Plans show the construction of 20 twin home units (10 buildings), 28 quad units (7 buildings), 25 townhouses (3-5 unit buildings), and one 8-unit complex. The site is zoned R-5, Medium Density Multiple Family, and contains 3.30 acres of wetland. The plat includes the provision of .281 acres of parkland. Planning Commission Meeting Date: 14 April 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Karston Cove Preliminary Plat has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The Conditional Use Permit and Planned Unit Development provisions of the City Zoning Ordinance are met and revised plans are submitted addressing issues as identified herein. 2. A public hearing is held for consideration of the Conditional Use Permit Planned Unit Development. 3. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 4. A property owners association is established in compliance with Section 2700 of the City Zoning Ordinance along with a declaration of covenants, conditions, and restrictions to be approved by the City Attorney. 5. Full-scale building plans, including elevation drawings, must be submitted for review and approval of the City Planner. 6. The front setback to units within Outlot C is increased from thirty (30) feet to thirty-five (35) feet as required in the R-5 zone. 7. The turning radii of street comers will be subject to review and approval of the Fire Chief. 8. If any signs are desired on site, plans shall be submitted for review and approval of the City Planner. 9. Plans are revised to accommodate the ten (10) foot trail along CSAH 37 either within the street right-of-way or on the Karston Cove property. A trail easement shall be provided, if necessary, over the corridor to allow for public use and maintenance. 10. Park and trail dedication requirements are satisfied through the dedication of .281 acres of parkland and a cash dedication in the amount of $91,221.39 less the cost of +/-1,451 linear feet of eight (8) foot trails and +/-1,340 linear feet of ten (10) foot trails. 11. The location of the required ten (10) foot trail on CSAH 37 is resolved prior to final plat approval. Wetlands over the eastern portion of the property prohibit the trail from being located adjacent to CSAH 37. One possible option is the provision of a ten (10) foot trail along 64th Street as an alternative east -west connection, in lieu of the eight (8) foot trail shown there. Attest: Adopted by the Albertville Planning Commission this 14th day of April 1998. City of Albertville By: Linda Goeb, City Clerk Howard Larson, Chair pc: Don Jenson, David Lund, Linda Goeb, Mike Couri, Pete Carlson 4-15-98 CITY OF ALBERTVILLE City Council Findings of fact & Decision Request: Pilot Land Development has submitted plans for subdivision of 81 medium density lots on 21.01 gross acres. The site is located on the south side of CSAH 37 at the western city limits abutting the Cedar Creek Golf Course Development. Plans show the construction of 20 twin home units (10 buildings), 28 quad units (7 buildings), 25 townhouses (3-5 unit buildings), and one 8-unit complex. The site is zoned R-5, Medium Density Multiple Family, and contains 3.30 acres of wetland. The plat includes the provision of .281 acres of parkland. City Council Meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received,', the Planning Commission closed the public hearing and recommended that the City Council approve the project. Dscision:Based on the foregoing considerations and applicable ordinances, the applicant's request for Karston Cove Preliminary^ Plat has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The Conditional Use Permit and Planned Unit Development provisions of the City Zoning Ordinance are met and revised plans are submitted addressing issues as identified herein. 2. A public hearing is held for consideration' of the Conditional Use Permit Planned Unit Development. 3. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 4. A property owners association is established in compliance with Section 2700 of the City Zoning Ordinance along with a declaration of covenants, conditions, and restrictions to be approved by the City Attorney. 5. Full-scale building plans, including elevation drawings, must be submitted for review and approval of the City Planner. 6. The front setback to units whin Outlot C is increased from thirty (30) feet to thirty-five (35) feet as required in the R-5 zone. 7. The turning radii of street comers will be subject to review and approval of the Fire Chief. B. If any signs are desired on site, plans shall be submitted for review and approval of the City Planner. 9. Plans are revised to accommodate the ten (10) foot trail along CSAH 37 either within the street right-of-way or on the Karston Cove property. A trail easement shall be provided, if necessary, over the corridor to allow for public use and maintenance. 10. Park and trail dedication requirements are satisfied through the dedication of .281 acres of parkland and a cash dedication in the amount of $91,221.39 less the cost of +/-1,451 linear feet of eight (8) foot trails and +/-1,340 linear feet of ten (10) foot trails. 11. The location of the required ten (10) foot trail on CSAH 37 is resolved prior to final plat approval. Wetlands over the eastern portion of the property prohibit the trail from being located adjacent to CSAH 37. One possible option is the provision of a ten (10) foot trail along 64th Street as an alternative east -west connection, in lieu of the eight (8) foot trail shown there. Adopted by the Albertville City Council this 20th day of April 1998. Attest: City of Albertville By: Linda Goeb, City Clerk Mayor Mark Olsen pc: Don Jensen, David Lund, Linda Goeb, Mike Couri, Pete Carlson 2 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING DESIGN - MARKET RESEARCH PANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 6 April 1998 RE: Albertville - U.S. West Communications Cellular Monopole Conditional Use Permit FILE: 163.06 - 98.06 BACKGROUND US West has submitted plans for construction of a 162 foot 9 inch cellular monopole structure. The structure will be located on the Metropolitan Underground Services property located at 6450 Maciver Avenue NE. The monopole will be located in the northwest corner of the property within a fenced area measuring 45 feet by 35 feet. Also to be contained within the fenced area is a US West equipment cabinet and emergency generator. Construction of the monopole requires approval of a Conditional Use Permit under the terms of the City's Communication Reception and Transmission Device Ordinance. The property is currently zoned B-3, Highway Commercial. Attachments: Exhibit Al -2 Site Location Exhibit B Site Plan Exhibit C Enlarged Site Plan Exhibit D Monopole Elevation Exhibit E Service Area EXECUTIVE SUMMARY Recommendation The requested approval of a Conditional Use Permit to accommodate the monopole antenna requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested Conditional Use Permit is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595-9636 FAX 61 2-595-9837 1. All antenna shall be in compliance with City building and electrical code requirements and as applicable shall require related permits. 2. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall bewerified and approved by a registered professional engineer. 3. Written authorization for antenna erection shall be provided by the property owner. 4. No advertising message shall be affixed to the antenna structure. 5. The antenna shall not be artificially illuminated.4W r U I M 6. Any required federal, state, or local agency li ses are obtained prior to beginning construction. 7. The Planning Commission make recommendation to the City Council as to their color preference for the tower. Issues Analysis Zoning. The property is zoned B-3, Highway Commercial which allows personal wireless service towers and antennas as a conditional use. A Conditional Use Permit for the monopole antenna (not located on a public structure) may be approved provided that the monopole complies with the following standards: 1. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless it can be demonstrated that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one (1) mile search radius (one-half ('/) mile search radius.for towers under 120 feet in height and or one -quarter (1/4) mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower or building cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost. Page 2 C. Existing or approved towers and buildings within the search -radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified engineer. d. In spite of its best efforts, within 60 days, the applicant was unable to obtain approval to co -Date on an existing or approved tower or building. The applicants efforts must be documented in writing, including who was contacted and their written denial of the request. e. Other reasons that make it impractical to locate the planned telecommunications equipment upon an existing or approved tower or building. In the vicinity of northeast Albertville, there are no public structures suitable for support of this type of antenna. The proximity to I-94 was a consideration in the antenna's location, as the goal of US West is to provide service to St. Cloud along the 1-94 corridor from the Mp/s.-St. Paul metro area. Similar antenna will be located in Rogers, Ramsey, Elk River, and Monticello; there are no US West towers in this vicinity at the present time. 2. The applicant shall provide a scale map of the city and surrounding locality which shows the coverage area of the proposed antenna. The monopole will service a four (4) to six (6) mile radius and eliminates the need for shorter towers in closer proximity. 3. The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. The antenna cannot be located on a public structure because of the support requirements which necessitate a foundation to a depth of 40 or 50 feet. The base measures 6'6" across. 4. If no existing structure which meets the. height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: a. The pole not exceed one hundred (100) feet in height, unless it can be demonstrated that the extra height is necessary to optimize coverage, allow greater siting flexibility/co-location opportunities or to eliminate the need for multiple (shorter) towers. The monopole will service a four (4) to six (6) mile radius and eliminates the need for shorter towers in closer proximity. The closest tower to the City is located in Rogers along 1-94 adjacent to their wastewater treatment facility. Page 3 b. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a registered structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. The tower is setback more than 16219" from any residentially zoned land or existing residences. 5. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Where receiving and switching equipment does not require an equipment building for protection from the elements, it may be housed at the base of theaowerprovided it is screened from view by fencing or other man-made materials (in the case of an antenna located upon a structure) or landscaping (in the case of ground mounted antenna). An equipment cabinet will be provided at the base of the tower. The equipment cabinet measures five (5) feet high by two (2) by six (6). 6. Unless the antenna is mounted on an existing structure, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure: A chain link fenced area, measuring 35 feet by 45 feet, has been provided around the proposed monopole antenna 7. The conditional use permit provisions of Section 400 of this Ordinance are considered and determined to be satisfied. The monopole antenna is in conformance with these provisions. Setbacks. The proposed tower is in conformance with the thirty-five (35) foot structure setback of the B-3 District from both adjacent roads. Additional Users. The Zoning Ordinance requires that if a new antenna support structure is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user, including but not limited to other personal wireless service companies, local police, fire and ambulance companies. The antenna support structure must be designed to allow for future rearrangement of antennas upon it and to accept antennas mounted at varying levels. The proposed monopole is designed to accommodate 6-9 antennas with three (3) different sectors, thereby increasing the capacity of the site. At least one additional LIKE (cellular) user can be accommodated on the tower. Additionally, the fenced area is able to accommodate two (2) other equipment cabinets. Page 4 s Color. The Zoning Ordinance requires that antenna support structures under two hundred (200) feet in height be painted a non -contrasting color consistent with the surrounding area such as: blue, gray, brown or silver, or have a galvanized finish to reduce visual impact, unless otherwise allowed by federal law. US West has agreed to this and requests that the Planning Commission make recommendation to the City Council as to their color preference. Lease. The monopole will be under a twenty-five (25) year lease with Metropolitan Underground Services for use of their property. CONCLUSION The proposed antenna is in conformance all Zoning Ordinance criteria as specified herein. The decision to approve or deny the requested Conditional Use Permit is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the Conditional Use Permit. pc: David Lund Linda Goeb Mike Couri Pete Carlson Kevin Mealhouse Kenneth Nielsen Page 5 IT A-1 v oI , A 3111AIN381V w 1 z =, � 1 Lm } 1 ►�� 8 � � � a` x; 0; 1 1 1 Q I11 0� to - r CL 1 4. ! �., o�. �s � �� � moo' �•;1•m- Ci co 1 �•K , - I\� 1 Q 1 ostio� �o 1 1 / r L'i i 1NOMYV-1 ' c 1 , �6,�. w 1 IrF • i rcrrr • ta3ewvl' Ir , ■ H T t W p 0 2a W40 sow a ` ' q J o� oZ N � a m I m hol_ I x m w Z tn 10 oo W I I I I ( I 1 W z 1 s If z 1 Z ti X Z 1 I w F In 1 X 1 Z i I � W ' I w j I W w W F Z dz wLq J 3 Z in w U N 1 N 3 z z w w uj I v a w z o Z 1 w w tn ( a� w U Q I I U z I F N x w .�� w 0 a 0 o w 3 tn 1 .fib I I { i i T = K p0 g a t ZN <'.=O 0Z O W MZpm ~ In i ��I SJO J �`j W ■�■ C j � (2�F !S W N 1Y� GO. Q W �Cy (� p3S Ei R 6vu I.-F 0 " W a ep E K -4� r I I I I I I I I I I I I I i I 8 T 2 a 8 q ~�� 0 z � at W 1 > .J W Q Uw Q K N G N O J R In w 0 1S`d3 ONNOO-1 NOUVA3�13 m 12C 191 10 W 3M NSNUJ INIRdMM,� Sn. VNN3INV SdO � .Oo t COOL 0 d138) SVNN31NV 1S3M sn 310dONOw ,091 1S3MSfl 5)04)� ? (�� (,09 t _® dwwV�� SVNN31NV 1S3M S 008 ONI1HOIl „O—,C low (,091 @ VHdIV) SVNN31NV 1S3M sn .y ' APR. 6.1998 3:19PM US WEST WIRELESS STP J5 cep a Cnty Hwy 19 eo�` NO. d4a e.J/I:l v r- oaf 66 &14 4UO a� EXHIBIT E 4-15-98 CITY OF ALBERTVILLE Request: US West has submitted plans for construction of structure. The structure will be located on the Metropolita looted at 6450 Maciver Avenue NE. The monopole will be loc property within a fenced area measuring 45 feet by 35 feel fenced area is a US West equipment cabinet and emergen monopole requires approval of a Conditional Use Perm Communication Reception and Transmission Devine Ordinance B-3, Highway Commercial. Planning Commission Meeting Date: 14 April 1998 Planning Commission Findings of Fact & Recommendation 162 foot 9 inch cellular monopole Underground Services property ad in the northwest corner of the Also to be contained within the generator. Construction of the under the terms of the City's The property is currently zoned Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Monopole Cellular Antenna Conditional Use Permit has been approved based on the most current plans and information received to date, subject to the following conditions: 1. All antenna shall be in compliance with City building and electrical code requirements and as applicable shall require related permits. 2. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. 3. Written authorization for antenna erection shall be provided by the property owner. 4. No advertising message shall be affixed to the antenna structure. 5. The antenna shall not be artificially illuminated unless required by law. 6. Any required federal, state, or local agency licensees are obtained prior to beginning construction. 7. The tower is painted grey. Adopted by the Albertville Planning Commission this 14th day of April 1998. City of Albertville By: Howard Larson, Chair Attest: Linda Goeb, City Clerk pc: Kenneth Nielsen, David Lund, Linda Goeb, Mike Couri, Pete Carlson 4-15-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Applicant's Narrie: US West Cellular, Kenneth Nielsen Request: US West has submitted plans for construction of a 162 foot 9 inch cellular monopole structure. The structure will be located on the Metropolitan Underground Services property located at 6450 Madver Avenue NE. The monopole will be located in the northwest comer of the property within a fenced area measuring 45 feet by 35 feet. Also to be contained within the fenced area is a US West equipment cabinet and emergency generator. Construction of the monopole requires approval of a Conditional Use Permit under the terms of the City's Communication Reception and Transmission Device Ordinance. The property is currently zoned B-3, Highway Commercial. City Council Meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for MonopQla Cellular Antenna Conditional Use Permit has been approved based on the most current plans and information received to date, subject to the following conditions: All antenna shall be in compliance with City building and electrical code requirements and as applicable shall require related permits. 2. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. 3. Written authorization for antenna erection shall be provided by the property owner. 4. No advertising message shall be affixed to the antenna structure. 5. The antenna shall not be artificially illuminated unless required by law. 6. Any required federal, state, or local agency licenses are obtained prior to beginning construction. 7. The tower is painted grey. Adopted by the Albertville City Council this 20th day of April 1998. City of Albertville By: Mayor Mark Olsen Attest: Linda Goeb, City Clerk pc: Kenneth Nielsen, David Lund, Linda Goeb, Mike Couri, Pete Carlson �q INC PLANNING REPORT NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 7 April 1998 RE: Albertville - St. Michael -Albertville School District Primary School Addition Conditional Use Permit FILE: 163.06 - 98.08 BACKGROUND The St. Michael -Albertville School District has submitted plans for expansion of the existing elementary facility, Albertville Primary School. The existing facility encompasses 52,800 square feet and the proposed addition would add another 16,980 square feet for a total building size of 69,780 square feet. The property is appropriately zoned PA, Public/Institutional and a Conditional Use Permit is required for expansion of all public schools. The property acreage is 14.36 acres, but is comprised of five (5)separate lots, four (4) of which are platted and one (1) that is not. The City Subdivision Ordinance requires that where lots in a zoning district do not meet the minimum size requirements, lie contiguous to one another, and are under the same owner ship as contiguous parcels, said lots shall be combined into one (1). The four (4) platted lots do not meet minimum size requirements, therefore preparation of a plat and approval by the City Council will be necessary. Attachments: Exhibit A Site Location Exhibit B Site Plan Exhibit C Building Elevations Exhibit D Main Level Floor Plan Exhibit E Conceptual Site Plan Prepared by SEH Exhibit F Landscape Plan 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 EXECUTIVE SUMMARY Recommendation The requested approval of site and building plans and a Conditional Use Permit to accommodate the facility expansion requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested Conditional Use Permit is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed. NO BUILDING PERMIT SHALL BE ISSUED UNTIL ALL OF THE FOLLOWING CONDITIONS HAVE BEEN MET. 1. The general and P/1 Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. A revised landscape plan is submitted to show screening and landscaping is provided on site to a height of four (4) feet to buffer parking areas and to height of six (6) feet to buffer adjacent residential uses as discussed herein. The plan shall be subject to review and approval by the City Planner. 4. Park and trail dedication requirements are explicitly outlined by the City Council regarding the payment of cash, construction of trails and/or improvement of recreational site use as discussed herein. 5. Parking and circulation issues are resolved as follows: a. The twenty-seven (27) foot curb cut onto 54th Street NE is approved by the City Engineer or is amended to conform to the twenty-four (24) foot maximum. The northern parking lot is reconfigured to reflect the five (5) feet setback from the 0' property line in this location. C. A perimeter curb is provided around the entire parking lot and connecting driveway areas. Roof top mechanical equipment is screened as required under Section 1 dN of the Zoning Ordinance and building plans are revised to show such screening on both the existing and new portions of the building. 7. If any sign changes are desired, plans shall be submitted for review and approval of the City Planner. Page 2 8. The School District property is platted as one (1) lot according to the City's preliminary and final platting procedures and such combination is approved by the City Council and filed with the Wright County Recorder. Issues Analysis Zoning. The property is zoned PA, Publictinstitutional, which allows schools as a conditional use. A Conditional Use Permit for schools may be approved provided that: 1. Side yards shall be double that required for the district, but no greater than forty (40) feet. Both north and south side yard setbacks meet this requirement, at 114 feet and 118 feet, respectively. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1000.7 of the City Zoning Ordinance. A landscaping plan has been subn*ed which shows eleven (11) shade trees along the northern property line, ten (10) shade tress along the southern property line and included in the front median area are fifteen (15) shrubs. The species of plantings and planting (minlnwm) sizes have not been appropriately indicated as required by Ordinance. The proposed plantings do not meet the definidan of screening nor have they been shown at full growth sizing to indicate ultimate massing effect. To buffer the adjacent residential areas, screening must provide a solid visual effect to a height of six (6) feet As a condition of approval, a revised landscaping plan should be required 3. Adequate off-street parking and access is provided on the site or on lots directly across a public street or alley to the principal use in compliance with Section 1200 of the City Zoning Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1000.7 of the Zoning Ordinance. To adequately screen parking areas, plantings must provide a solid visual effect to a height of four (4) feet. Refer to Item 2 above- for general comments on landscaping. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 1300 of the Zoning Ordinance. The existiog badk7g berth in the northeast comer of the building is being maintained and part of the proposed addition shows improvements to this area. 5. The general Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. a. 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. b. The proposed use is or will be compatible with present and future land uses of the area. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. Page 3 e. The proposed use can be accommodated with existing public services and will not overburden the Cityy's service capacity. f. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed project is consistent **hall crIeda under ilem (5) above with the exception of subpart (c). While the project and site are capable of being in confonnance with all Zoning Ordinance performance standards, the submission of lacking pkvmA ata and revised plans wdl be necessary to show ho w all conditions of approval have been trot. Lot Area, Setback, Height and Coverage Requirements. B-3 District Required Proposed Lot Area One (1) Acre 14.36 acres Lot W kith 100 feet 483 feet Setbacks (front) 35 feet (Main Avenue) 139 feet (side -north) 40 feet (54th Street NE) 114 feet (side -south) 40 feet 118 feet (rear) 25 feet (east) 500+ feet Building Height Maximum 35 feet +/-22 feet Maximum Lot Coverage for Structures: 250,208.64 sf 40 percent of lot area 69,780 sf 11.16% The proposed improvements are in compliance with all lot area, width, setback, height, and lot coverage requirements. Overall Site Layout. A concept plan was prepared for the site by the City Engineer a couple years ago which was adopted as part of the City's Comprehensive Park and Trail Plan. The plan shows how better use of the site could be accomplished for recreational uses through regrading and. establishment of a detention/retention pond. Given the dire need for Little League ballfields, it was suggested that the School District and City should participate in what could be a joint project. As is shown in Exhibit E, the layout of playground areas, recreational elements and parking differs from what is shown on proposed plans. It is suggested that the Planning Commission discuss this matter and make recommendation to the City Council on what, if any, action should be pursued. This issue is discussed on following pages under the heading Park and Trail Dedication. While drainage issues are subject to approval of the City Engineer, it should be noted that the retention pond has not been suggested as a means of controlling additional runoff from the building project, as was misunderstood by the project architects. Parking and Circulation. The school site contains three (3) curb cuts; two (2) onto Main Avenue which measure twenty-four (24) feet each and one (1) onto 54th Street NE measuring twenty- seven (27) feet. The Zoning Ordinance does not allow curb cuts in excess of twenty-four (24) feet unless approved by the City Engineer. Page 4 The following parking requirements apply to the proposed school development: 1 space per classroom @ 30 classrooms 30 spaces plus 1 space for each fifty students @ capacity of 750 15 spaces TOTAL SPACES REQUIRED: 45 The submitted site plan shows a total of 133 stalls, inclusive of the 37 that are being added with the current project. Of the 133 stalls, 6 handicapped spaces are appropriately shown on site. While the school is in compliance with parking space provisions, the northern parking lot is not setback the required five (5) feet from the north property line and in fact extends into the right-of- way a distance of up to four (4) feet. The parking area could be restriped and would be in compliance with the setback standard. The determination as to whether the parking area should be restriped shall be a policy decision to be determined by the Planning Commission and City Council under the terms of the Conditional Use Permit. One last issue related to the parking and drive lane perimeters on site is the perimeter curb which is required under the City's Zoning Ordinance. The entire parking lot, all drive lanes and access points must contain a perimeter curb unless waived by the City Engineer for functional reasons (such as drainage). Building Type and Construction. The proposed addition is to be constructed of brick to match existing materials and is therefore in compliance with building type and construction standards, except that the roof top mechanical equipment is not screened as required under Section 1000 of the Zoning Ordinance. Plans shall be revised to show the screening of roof top equipment on both the existing and new portions of the building. Signage. A sign plan has not been submitted in association with the proposed improvements. It is assumed that no changes or additions will be made to the existing signage. If any sign changes are desired, plans shall be submitted for review and approval of the City Planner. Lighting. Any exterior lighting on site must be arranged as to deflect light away from public streets. The source of all lights shall be hooded. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street(s) and any light or combination of lights which cast light onto residential property shall not exceed four (4) foot candies as measured from the property boundary. Screening and Landscaping. All building projects in the City are required to submit a landscape plan which shows that all areas not paved or developed must be planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. Additionally, under the provisions of the P/I Conditional Use Permit, the site must be adequately screened and landscaped from surrounding/ abutting residential uses (to a height of six (6) feet) and parking areas must be screened (to a height of four (4) feet) from view of public streets. Such screening should create a solid visual screen and could be accommodated with either fencing, landscaping, or a combination of the two. Page 5 A landscaping plan has been submitted which shows eleven (11) shade trees along the northern property line, ten (10) shade trees along the southern property line and included in the front median area are fifteen (15) shrubs. The species of plantings and planting (minimum) sizes have not been appropriately indicated as required by Ordinance. The proposed plantings do not meet the definition of screening nor have they been shown at full growth sizing to indicate ultimate massing effect. As a condition of approval, a revised landscaping plan should be required. Platting. The property acreage is 14.36 acres, but is comprised of five (5)separate lots, four (4) of which are platted and one (1) that is not. The City Subdivision Ordinance requires that where lots in a zoning district do not meet the minimum size requirements, lie contiguous to one another, and are under the same ownership as contiguous parcels, said lots shall be combined into one (1). The four (4) platted lots do not meet minimum size requirements, therefore preparation of a plat and approval by the City Council will be required. The City's regular platting process shall be followed but pending approval by the City Council, such action should not delay the start of construction. Before an occupancy permit will be issued by the City Building Inspector, the plat must be approved (by the City through the public hearing process) and recorded with Wright County. Park and Trail Dedication. Under the policies of the City's Park and Trail Plan and as required by the City Subdivision Ordinance, park and trail dedication are required. In cases where the dedication of land is not necessary, park dedication requirements must be satisfied with a cash payment equal to ten (10) percent of the City's calculated fair market value of the property calculated as follows: 625,521.6 sf gross lot area X 10 percent = 62,552.16 square feet (1.44 ac) The fair market value shall be determined 1) as an agreed upon price between the City Council and land owner/developer, 2) as an agreed upon price based on a current appraisal, or 3) by a recent selling price of the subject parcel. In lieu of a cash dedication, the School District and City may agree to work together on improvement of the school property for recreational use as shown in Exhibit E. As mentioned previously, the Planning Commission should discuss this matter and make recommendation to the City Council on what, if any, action should be pursued. Trail dedication standards require the School District to construct trails as shown on the Comprehensive Park and Trail System Plan. An eight (8) foot overland trail has been designated to align with Large Avenue NE and meander as necessary across the school property to the south and west to meet Main Avenue (the trail could end at the parking lot edge near the south west corner of the school). The cost for installation of trails shall be counted as credit toward the above mentioned park dedication requirement and a trail easement shall be provided over the corridor to allow for public use and maintenance. Afour (4) foot trail exists along Main Avenue which is considered substandard by today's multi- use trail classification needs. As a condition of plat approval, the trail should be upgraded to eight (8) feet in width. A four (4) foot median currently exists between the trail and the curb of Main Avenue, which if maintained, would require that additional easement be obtained from the School District to accommodate the eight (8) foot trail which would lie two (2) or three (3) feet onto Page 6 Primary School property. The trail would require flared ramp ends where it meets curb cuts and streets to allow, for handicapped and bicycle access. All trails shall be constructed to city standards as is required by the City Engineer. The estimated cost of Main Avenue trail construction is 435 linear feet X $13.00/lineal foot = $5,655.00 plus the overland trail at 1,000 linear feet X $13.00/lineal foot = $13,000.00. Grading, Drainage and "Utilities. All grading, drainage and utility issues shall be subject to review and approval by toe City Engineer. CONCLUSION I The proposed Primary S ool addition is in conformance with the majority of Zoning Ordinance criteria, however, the arseveral outstanding issues to resolve and revised plans are needed. The decision to approvo or deny the requested Conditional Use Permit is viewed as a policy decision to be made by the City Council. The Executive Summary of this report outlines recommended conditions approval should the decision be made in favor of the Conditional Use Permit. I'I pc: David Lund Linda Goeb Mike Couri Pete Carlson Kevin Mealhouse Paul Hagen John Anderson Page 7 SEC. tT. 1201 R.24 U_ 4_ _= a 013112 W e.o•.• f i•1'o 73 0w 0 OISIOS `� ' UI„° 4I = = Jr yr .• ! ..• t = • 3 S t i 54'A N.E.. ST. 1 ii'�t:•1. .xoo �� d �� • 4 .. .. .. 1... Aa t! • t!'t� ' t w 1 . • C pi 3 ? j rbor J • � .«.. t • 9 54tA ST. »: N.E. ' »: .. .. 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I i I I i ' I I I I i ,I I a M AC - TY mw •0'M WIVO YDtM ��d•li4W'yl'00)p01 wa �¢sx a'wi r N c LLI ti W ' 2 J W Z 8 z U fA W C C W p J J Q W J W rZ OV)V) Z a 1 ti 0 W J 1 _ 1 V) ------------- WO Eno W _ Z 0 zln - v lb'ld -' :-:Co 1 1 Z, x w j W i Lai W 1 LL1 W --- —� � - .... \ N _ � LO ; I 1 (99 HVSJ) 13381S t 1Vn EXHIBIT E • A - ——•--•----.—._.—.__..,h_.v UxrS.;APi:VC (SPADE IYPE)� i NEW PArKIP,'C Q -- - t+� i i ! h0CF PAQK..WG -- � ,r 1 � ! i % / ExiSnNc ggttDrNc 6U5%PARK".� _ AA 1 ! r SHRU& rrPf') I PARKk 1 Q s' ham: .: ✓j;s r+a+ ct.r° ' t !°a +ir r," f . i r_a t ✓.. t `r rJIIL:_ f- F t�0:'7� 'o . .. I f f r� +STi3 �+�•i�t'iS�"" Y�"�,i�i.i {ilk !` a `•2i'�'"u r� i zi � {, / + r .r x G'x' > y ;1r�. �s3'rs'�' ..-�i �s t-h\r,,. � 3h•'� s�., � c � �.' '"�=' t — i % t t ur .�- .-�•j! t +a �x �? t.. r .i � 4 r-7, � t � *t A ' 14% ! J / � r jiY • ti. •s l 7r11�'t`'�.� d ;1.kt .L' h..�y •� :�if T rtl+� SFf � a •!'�AT+ .�•t t i h r •} � -.�_ PFLA#,GROU D £OUJP TV •. I— — — — — _ — — — ._ — '---� _ _ --' — b 6 — — — — — — NEW UNDF-CAM&C (SHAD£ r)PE) •^ j. .Lie_a �. .sr�ses-s3r+•ara®raraO� y.A-,' zJi.�e—.m.. -rr�rareC.-r�rGarzr�r..—'i�.�Y . EXHIBIT F CITY OF ALBERTVILLE 4-15-98 Planning Commission Findings of Fact & Recommendation Request: The St. Michael -Albertville School District has submitted plans for expansion of the existing elementary facility, Albertville Primary School. The existing facility encompasses 52,800 square feet and the proposed addition would add another 16,980 square feet for a total building size of 69,780 square feet. The property is appropriately zoned P/l, Public/institutional and a Conditional Use Permit is required for expansion of all public schools. The property acreage is 14.36 acres, but is comprised of five (5)separate lots, four (4) of which are platted and one (1) that is not. The City Subdivision Ordinance requires that where lots in a zoning district do not meet the minimum size requirements, lie contiguous to one another, and are under the same owner ship as contiguous parcels, said lots shall be combined into one (1). The four (4) platted lots do not meet minimum size requirements, therefore preparation of a plat and approval by the City Council will be necessary. Planning Commission Meeting Date: 14 April 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 7 April 1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Building Ad_. dition has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The general and P/1 Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. A revised landscape plan is submitted to show the following: a. Forty (40) deciduous trees placed along the site's north, west, and south sides. The trees must be shown at their full grown size and spaced accordingly. b. Proposed tree species showing a variety of different types and colors. The plan shall be subject to review and approval by the City Planner. 4. Park dedication requirements shall be satisfied with a cash payment equal to ten (10) percent of the property's fair market value, less the cost to install trails. 5. An eight (8) foot overland trail is installed from Large Avenue, across the school property to the south and west to meet the parking lot edge near the southwest corner of the school. A minimum ten (10) foot trail easement is provided over this corridor to allow for public use and maintenance. 6. A ten (10) foot trail easement is provided along the front property line (at the edge of the right-of-way) to accommodate a wider trail. The four (4) foot trail along Main Avenue is widened to eight (8) feet if required by the City Council (as specified herein) or an equivalent amount of cash is dedicated for future upgrade of the trail by the City. 7. Parking and circulation issues are resolved as follows: a. The twenty-seven (27) foot curb cut onto 54th Street NE is approved by the City Engineer or is amended to conform to the twenty-four (24) foot maximum. b. A perimeter curb is provided around the entire parking lot and connecting driveway areas unless otherwise waived by the City Engineer for drainage purposes. C. Additional turn -around space is provided at the terminus of the new parking lot shown at the rear of the building (east side). 8. If any sign changes are desired, plans shall be submitted for review and approval of the City Planner. A sign permit must be obtained prior to installation or reconfiguration of signage. 9. The School District property is platted as one (1) lot according to the City's preliminary and final platting procedures and such combination is approved by the City Council and filed with the Wright County Recorder. Attest: Adopted by the Albertville Planning Commission this 14th day of April 1998. Linda Goeb, City Clerk City of Albertville a Howard Larson, Chair pc: David Lund, Linda Goeb, Mike Couri, Pete Carlson, Paul Hagen, John Anderson 4-15-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Request: The St. Michael -Albertville School District has submitted plans for expansion of the existing elementary facility, Albertville Primary School. The existing facility encompasses 52,800 square feet and the proposed addition would add another 16,980 square feet for a total building size of 69,780 square feet. The property is appropriately zoned P/l, Public/institutional and a Conditional Use Permit is required for expansion of all public schools. The property acreage is 14.36 acres, but is comprised of five (5)separate lots, four (4) of which are platted and one (1) that is not. The City Subdivision Ordinance requires that where lots in a zoning district do not meet the minimum size requirements, lie contiguous to one another, and are under the same owner ship as contiguous parcels, said lots shall be combined into one (1). The four (4) platted lots do not meet minimum size requirements, therefore preparation of a plat and approval by the City Council will be necessary. City Council Meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 7 April 1998, prepared by NAC, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for Building Addition and Conditional Use Permit has been approved based on the most current plans and information received to date, subject to the following conditions: The general and P/I Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. A revised landscape plan is submitted to show the following: a. Forty (40) deciduous trees placed along the site's north, west, and south sides. The trees must be shown at their full grown size and spaced accordingly. b. Proposed tree species showing a variety of different types and colors. The plan shall be subject to review and approval by the City Planner. 4. Park dedication requirements shall be satisfied with a cash payment equal to ten (10) percent of the property's fair market value, less the cost to install trails. 5. An eight (8) foot overland trail is installed from Large Avenue, across the school property to the south and west to meet the parking lot edge near the southwest comer of the school A minimum ten (10) foot trail easement is provided over this corridor to allow for public use and maintenance. 6. A ten 00) foot trail easement is provided along the front property line (at the edge of the right-of-way) to accommodate a wider trail. The four (4) foot trail along Main Avenue is widened to eight (8) feet if required by the City Council (as specified herein) or an equivalent amount of cash is dedicated for future upgrade of the trail by the City. 7. Parking and circulation issues are resolved as follows: a. The twenty-seven (27) foot curb cut onto 54th Street NE is approved by the City Engineer or is amended to conform to the twenty-four (24) foot maximum. b. A perimeter curb is provided around the entire parking lot and connecting driveway areas unless otherwise waived by the City Engineer for drainage purposes. c. Additional tum-around space is provided at the terminus of the new parking Jot shown at the rear of the building (east side). 8. If any sign changes are desired, plans shall be submitted for review and approval of the City Planner. A sign permit must be obtained prior to installation or reconfiguration of signage. 9. The School District property is platted as one (1) lot according to the City's preliminary and final platting procedures and such combination is approved by the City Council and filed with the Wright County Recorder. Adopted by the Albertville City Council this 20th day of April 1998. City of Albertville By: Mayor Mark Olsen Attest: Linda Goeb, City Clerk pc: Paul Hagen, John Anderson, David Lund, Linda Goeb, Mike Couri, Pete Carlson K NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 6 April 1998 RE: Albertville - Pat's Phillips 66 Station Addition Conditional Use Permit Car Wash Conditional Use Permit Auto Repair FILE: 163.06 - 98.12 BACKGROUND Pat's Phillips 66 Station has submitted development plans for building expansion of the existing convenience store, addition of six (6) auto repair bays, and a car wash facility. The existing fuel pump islands and canopy on the site's west side will remain unchanged. The two deisel fuel islands are being relocated slightly south on the property and a third island will be added. The site is located at the CSAH 37/1-arge Avenue intersection on unplatted land and "encompasses 2.46 acres. The property is currently zoned B-3, Highway Commercial but requires a Conditional Use Permit for both the car wash and auto repair. Attachments: Exhibit Ai-2 Site Location Exhibit B Site Plan Exhibit C Building Elevations Exhibit D Main Level and Basement Floor Plans EXECUTIVE SUMMARY Recommendation The requested approval of site and building plans and two Conditional Use Permit's to accommodate the car wash and auto repair addition proposed as part of the existing convenience store and fuel sales operation requires that the Planning Commission and City Council consider the application in relation to established zoning ordinance review criteria and Comprehensive Plan policies. The decision to approve or deny the requested. Conditional Use Permit's is viewed as a policy decision to be made by the City Council. Should they find the submitted plans acceptable, it is recommended that the following conditions be imposed. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA ` 55416 PHONE -6 1 2-595-9636 FAX 6 1 2-595- 9837 1. The general, car wash, and auto repair Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. The curb cut on Large Avenue closest to CSAH 37 is relocated further south to provide a minimum forty (40) foot separation from the CSAH 37/Large Avenue intersection and to be in alignment with one of the bank access points across Large Avenue. 4. The width of all curb cuts shall be limited to twenty-four (24) feet unless approved by the City Engineer. The existing shed is relocated to meet required setbacks or a third Conditional Use Permit is approved by the City Council. The outdoor storage of semi -trucks and/or trailers is terminated or a fourth Conditional Use Permit is approved by the City Council. 7. The required number of parking stalls (39) are shown on revised plans, two (2) of which must be designated as handicapped accessible. Additionally, the following parking -related items shall be provided: a. The ends of parking rows shall contain curb barriers b. Data shall be submitted to the City Planner regarding the number of employees on maximum shift and the number of company owned vehicles C. All parking and on -site driveway areas shall be setback five (5) feet from all property lines. d. All drive lane and parking areas are surfaced with asphalt and curbed. 8. Site plans are revised to show the correct location and size of the fuel canopy on the buildings' west side as well as the correct orientation of the diesel pumps on the south side for which there is no canopy. 9. All existing and proposed exterior lighting located on site must be shown on plans and shall be subject to review and approval by the City Planner. 10. A landscape plan is submitted which shows: a. All areas not paved or developed are planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. Page 2 b. Required minimum plantings that include one(1) shade tree or evergreen tree and sixteen (16) ornamental trees or shrubs, in addition to required screening on site. C. Parking and paved areas are screened to a height of four (4) feet where adjacent to public streets (north, south, and west sides) so as to create a solid visual screen via either fencing, landscaping, or a combination of the two. 11. Park dedication requirements are satisfied as discussed herein and the required ten (10) foot trail is accommodated via dedication of an easement where necessary. The bituminous trail shall be constructed to city standards and installed at the time the final layer of asphalt is laid over other parking/site areas. 12. All signage is brought into conformance with current sign regulations and a sign plan is submitted for review and approval by the City Planner which shows all existing and proposed signage. Issues Analysis Zoning, The property is zoned B-3, Highway Commercial which allows convenience stores as a permitted use. However, commercial car washes (drive -through, mechanical and self-service) and auto repair are conditional uses within the B-3 District. A Conditional Use Permit for commercial car washes may be approved provided that:. 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the eAstng buildings or areas as to cause impairment in property values or constitute a blighting influence. The proposed addition is to be constructed of decorative (rock face) concrete block, face brick, metal facia and fbetykm shingles to notch existing materials. The structure exceeds the requirement that 50 percent of the exterior materials in business districts be non-metal. 2. Magaznng or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period. Using the estinatbn that one car is washed every five minutes, the plan shows that the site is able to accommodate a rrnimum of six (6) cars as is* required during a thirty minute period. The stacking area is designed in such a manner to prevent interference with site access, circulation, parking or pump Minds. 3. At the boundaries of residential district, a strip of not less that five (5) feet shall be landscaped and screened in compliance with fencing, screening and landscaping requirements (Section 1000.7) of the City Zoning Ordinance. The Pat's 66 property does not abut any residential district. 4. Each light standard island and all islands in the parking lot are landscaped or covered. Other don lights to be boated on the buildings and pump islands/canopy (exact locations unknown), no other site lightbg has been shown on site. As a condition of approval, all exterior fighting to be located on site must be shown on plans and shall be subject to review and approval by the City Planner. Page 3 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with fencing, screening and landscaping requirements (Section 1000.7) of the City Zoning Ordinance. The Pat's 66 property does not abut any residential district. 6. The entire site other than that occupied by the building or plantings shall be surfaced with blacktop or concrete which will control dust and drainage, subject to the approval of the City Engineer. All drive lane and parking areas are to be surfaced with asphalt and curbed. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. The City Engneer shall review and approve the project plans and shall submit his comments under separate cover. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1000.10 (Glare) of the City Zoning Ordinance. (This section requires that any light or combination of lights which cast fight on a public street shall not emceed one (1) foot candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed four (4) foot candies (meter reading) as measured from said property.] Other than tents to be located on the buildings and pump Islands/canopy (exact locations unknown), no other site ligh ing has been shown on site. As a condition of approval, all exterior fighting to be located on site must be shown on plans and shall be subject to review and approval by City Planner. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. The driveway access which is located closest to CSAH 37 is non-conformk)g because it is not setback the required Marty (40) feet from the intersection of CSAH 37 and Large Avenue. While the curb cut is likely a legal non -conformity, the Zoning Ordinance does not permit the physical extension or intensification of such. The proposed addition of a car wash and auto repair facility is clearly attracting additional use of this access point, particularly wilt► the car wash entrance and three (3) of the six (6) auto repair entrances on the building's north side. As a condition of project approval, the curb cut shall be relocated to the south to meet the required forty (40) foot setback from the northwest property comer (intersection of two streets). The curb cut should be in alignment with one of the bank curb cuts across Large Avenue: Additionally, of the three (3) existing curb cuts, one (1) measures forty (40) feet and two (2) measure fifty (50) feet. The Zoning Ordinance does not allow curb cuts in excess of twenty-four (24) feet unless approved by the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance. The Phillip's 66 property does not comply with the Sign Ordinance because the site contains two (2) ground or pylon signs, when only permitted to have one (1). Asa condition of project approval, the City Council shall require that aft signs be brought into confomnance with the existing sign regulations. Proper evaluation of remaknsng (existing) signs and proposed signs cannot be conducted until plans are received and reviewed by the City Planner. In order to approve the requested Conditional Use Permit's, all signing and informational or visual communication devices shall be in compliance with the City's Sign Ordinance. i f . Provisions are made to control and reduce noise. Our ounce is not aware of any noise concems associated with the Phillip's 66 site, nor do the site plans indicate any methods of controlling or reducing such. Page 4 12. The Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent wkh the official City Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. C. The proposed use conforms with all Zoning Ordinance performance standards contained herein. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. G. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. f. Traffic generated by the proposed use is within capabilities of streets serving the property. The proposed project is consistent with all criteria under item (12) above with the exception of subpart (c). While the project and site are capable of being in confomaance with all Zoning Ordinance perfomlance sue, the subrru`.ssilon of lacking p/ansktata and revised plans will be necessary to show how all conditions of approval have been met. Lot Area, Setback, Height and Coverage Requirements. B-3 District Required Proposed Lot Area 20,000 square feet (Auto Repair Conditional Use Permit requirement) 2.46 acres Lot W idth 150 feet (Auto Repair Conditional Use Permit requirement) 260 feet Setbacks (front) 35 feet (Large Avenue) 145 feet (side -comer) 35 feet (CSAH 37/north) 37 feet (side -comer) 35 feet (Barthel Indust. Drivelsouth) 189 feet (rear) 20 feet (east) 27 feet Building Height Maximum 35 feet +/-27 feet Maximum Lot Coverage for Structures: 30 percent of lot area 10.42% The proposed improvements are in compliance with all lot area, width, setback, height, and lot coverage requirements. Accessory Building. A shed exists on the property's north side between the convenience store building and CSAH 37. Except as expressly allowed by Conditional Use Permit, accessory buildings must conform to the setback and height requirements of the zoning district in which they are located. While not shown on plans, from site inspection it appears that the existing shed does not meet the thirty-five (35) foot setback requirement. This structure must be shown on revised plans and will be subject to review and approval of the City Planner. If desired, the applicants may request that the City Council approve a third Conditional Use Permit for the shed. This action, however, would require additional application fees and another public hearing. Screening Page 5 with fencing or vegetation is required for all outdoor storage areas. Outside Storage. The outside storage of materials, equipment and inventory as a principal or accessory use shall only be permitted by Conditional Use Permit and is not allowed within required front or side yard areas. On the day a site inspection was conducted (4 April 1998), the Pat's 66 site contained eight (8)semi-trucks and/or trailers which were parked on the property. While some of the trucks/trailers were located where the building addition would be and cannot remain, it is not known whether the property owners wish to have any outdoor storage in the future. If desired, the applicants may request that the City Council approve a fourth Conditional Use Permit for the outdoor storage. This action, however, would require additional application fees and another public hearing. Screening with fencing or vegetation is required for all outdoor storage areas and some setbacks also apply. Circulation. The Pat's 66 site contains three (3) curb cuts. The driveway access which is located closest to CSAH 37 is non -conforming because it is not setback the required forty (40) feet from the intersection of CSAH 37 and Large Avenue. While the curb cut is likely a legal non- conformity, the Zoning Ordinance does not permit the physical extension or intensification of such. The proposed addition of a car wash and auto repair facility is clearly attracting additional use of this access point, particularly with the car wash entrance and three (3) of the six (6) auto repair entrances on the building's north side. As a condition of project approval, the curb cut shall be relocated further south to meet the required forty (40) foot setback from the northwest property comer (intersection of two streets). The curb cut should be in alignment with one of the bank curb cuts across Large Avenue. Additionally, of the three (3) existing curb cuts, one (1) measures forty (40) feet and two (2) measure fifty (50) feet each. The Zoning Ordinance does not allow curb cuts in excess of twenty- four (24) feet unless approved by the City Engineer. All curb cuts are appropriately located five (5) feet from all property lines. Parking. The following parking requirements apply to the proposed development: Convenience Store (4,400 sf; 1 space/200 sf) 22 spaces Motor Fuel Station (5,771 sf; 4 spaces plus 2 per service stall) 16 spaces Storage Area (1 space/ 1,000sf'; 997 sf) 1 space Car Wash (in addition to that required for the fuel station) Q spaces TOTAL SPACES REQUIRED: 39 * plus one space per employee on maximum shift plus one space per company owned vehicles. The submitted site plan shows that the only designated parking stalls are located on the south side of the existing structure. In this location there is only room for four (4) stalls, two (2) of which Page 6 must be handicapped accessible. The remaining thirty-five (35) spaces must be shown on revised site plans; ideally along the southern and eastern curb lines. The ends of parking rows should contain curb barriers, given the close proximity which they will likely have to the curb cuts and on -site drive lanes. Under the Conditional Use Permit the City may reduce the number of required off-street parking spaces when the applicant can demonstrate that less spaces are needed. In such situations, the City may require land to be reserved for parking should use or needs change. Another related to the parking and drive lane perimeters on site, is the required setback of five (5) feet to all property lines. These areas as shown near the north and east property boundaries must be revised to meet this required setback. The entire parking lot, drive lanes, and access points must contain a perimeter curb unless waived by the City Engineer for specific (drainage, etc.) reasons. Building Type and Construction. The proposed addition is to be constructed of decorative (rock face) concrete block, face brick, metal facia and fiberglass shingles to match existing materials. The structure exceeds the requirement that 50 percent of the exterior materials in business districts be non-metal. The site plans show the incorrect Nation and size of the fuel canopy on the buildings' west side as well as the incorrect orientation of the diesel pumps on the south side for which there is no canopy. As a condition of approval the site plans shall be revised to show the corrected existing conditions, including the proposed changes to the diesel pump islands. Signage. A sign plan has not been submitted in association with the proposed improvements. Detailed sign plans for both the existing signs and proposed signs shall be submitted for review and approval of the City Planner. The detailed sign plans should identify the location and sizes of all signs as well as their colors, lighting and materials. The site currently contains two (2) pole signs (Phillip's 66; one includes fuel price sign and the other is shared with meat market next door), two (2) canopy signs (Phillip's 66) , a wall sign (food plaza) and at least two (2).portable banner signs (powerball). Signs for automobile service stations and commercial businesses are limited as follows: • Fuel Pricing Signs:1 single or double faced per street frontage at 80 sf per face Wall and Canopy Signs: Limited to 80 square feet total combined area Front Wall Signs. Not more than one (1) sign shall be permitted on the front (Large Avenue) side of a principal building not to exceed forty (40) square feet. If illuminated the source of light shall not be visible. Signs constructed of metal and illuminated by any means shall maintain a free clearance. to grade of nine (9) feet unless it is grounded. Side and Rear Wall Signs. The total area shall not exceed nine (9) square feet, except that if the main entrance/exit to a particular use faces a side or rear yard, the applicant shall be permitted to sign the side or rear wall in accordance with the front wall sign provisions (limited to forty (40) square feet). Reader board: One (1) limited to 32 square feet Page 7 Portable signs, pennants, streamers, flags (except the US flag) and all other signs are prohibited. • Ground Signs. Not more than one (1) ground sign shall be permitted on any lot and is limited to one hundred twenty-five (125) square feet. Signs constructed of metal and illuminated by any means shall maintain a free clearance to grade of nine (9) feet unless it is grounded. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors. No ground sign shall exceed thirty (30) feet in height. Actual sign height is.determined by the grade of the road from which the sign gains its principal exposure (CSAH 37). Sign area applies to one face of a two-faced sign, two faces of a four -faced sign, etc. The ground sign must be setback from property lines a distance of ten (10) feet. In lieu of a ground sign, for properties that are within one hundred (100) feet from 1-94, one (1) pylon sign shall be permitted to a height of seventy-five (75) feet, but no higher than an elevation of 1,033 feet (benchmark elevation 979.219 feet at bridge deck on East 94 at CSAH 19). Canopy Signs. Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. Lettering or letters shall not be larger from top to bottom than twelve (12) inches. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products sold or service rendered therein. Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. The Phillip's 66 property does not comply with the Sign Ordinance because the site contains two (2) ground or pylon signs, when only permitted to have one (1). It is possible that the one pylon sign that is shared with the meat market may be located on the adjacent property. If this property. is not also owned by Pat's Phillips 66, the sign is non -conforming there as well. As a condition of project approval, the City Council shall require that all signs be brought into conformance with . the existing sign regulations. Proper evaluation of remaining (existing) signs and proposed signs cannot be conducted until plans are received and reviewed by the City Planner. Lighting. As mentioned previously, detailed plans have not been submitted which specify the style, height, strength/wattage and distribution of exterior lights proposed on the property. Any exterior lighting on site must be arranged as to deflect light away from public streets. The source of lights shall be hooded. A photometric plan shall be submitted for review and approval by the City Planner and City Engineer which indicates the foot candle power of lights. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street(s). As a condition of project approval, the applicant must demonstrate that the site conforms to these light standards. Screening and Landscaping. All building projects in the City are required to submit a landscape plan which shows that all areas not paved or developed must be planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. Required plantings include one(1) shade tree or evergreen tree and sixteen (16) ornamental trees or shrubs, in addition to required screening on site. The Zoning Ordinance requires that parking and paved areas be screened to a height of four (4) feet where adjacent to public streets so as to create a solid visual screen via either fencing, landscaping, or a combination of the two. A landscape plan shall be required which shows screening on the site's north, south, and west sides. A few coniferous and deciduous trees are in existence on site which should be incorporated into the required landscape plan. Page 8 Park and Trail Dedication. The Phillip's 66 station is located on land which has never been subdivided and subsequently, has not been subject to park dedication requirements. Under the City's current ordinance and in accordance with the City Attorney's recommendations, park dedication requirements must be satisfied with a cash payment equal to ten (10) percent of the City's calculated fair market value of the property. 107,157 sf gross lot area X 10 percent = 10,716 square feet (.25 ac) The fair market value shall be determined 1) as an agreed upon price between the City Council and land owner/developer, 2) as an agreed upon price based on a current appraisal, or 3) by a recent selling price of the subject parcel. Trail dedication standards require the developer/owner to construct trails as shown on the Comprehensive Park and Trail System Plan. The cost for installation of trails shall be counted as credit toward the above mentioned park dedication requirement. A ten (10) foot grade - separated trail is required.along the south side of CSAH 37, which must be shown on plans. The trail may be located within the public right-of-way where space allows or shall be provided on private property within a designated trail easement. The trail must have a flared ramp end where it meets Large Avenue to allow for handicapped and bicycle access. It shall be constructed to city standards as is required by the City Engineer. The estimated cost of trail construction is 310 linear feet X $16/lineal foot = $4,960. It is the property owner's responsibility to install the trail at the time the final layer of asphalt is laid over other parking/site areas. Grading, Drainage and Utilities. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. Except by written authorization by the City Engineer, the top of the foundation shall be one and one-half (1 'h) feet above the grade of the crown of the abutting street(s). CONCLUSION The proposed convenience store, fuel station, car wash and auto repair development is in conformance with the majority of Zoning Ordinance criteria, however, there are several outstanding issues to resolve and a full set of revised plans is needed. The decision to approve or deny the requested Conditional Use Permit's is viewed as a policy decision to be made by the City Council The Executive Summary of this report outlines recommended conditions of approval should the decisions be made in favor of the Conditional Use Permit's. pc: David Lund Linda Goeb Mike Couri Pete Carlson Kevin Mealheuse Pat Meyer Phil Blett Page 9 a / `4ct' 0 `JC7 A f PAr Y O 2 4� Aj 7 N ,t? / ► s ` ;,j / /'n N O •w a -It,-" : • / N �N � At KC s _ / 9llilo h Q ti tt� � N � > rr N G ` ",O 0 *N •3nd 3�av'1; .. at w .i .0 es =s as .f .f o m� • « •LD _ 1.1 c : N w r ' ..� //«���. .• es N of • as ` F.: o S fQ w /.� �'�D �wA� •.. .f '• f • Jv' • h `V �Wj `t ♦ t + Z V ♦ frl iN S -y ♦ _. i f� •+ Pon). . .t • of a .• ~ O• L •. •• far w .. c •3nd 5rL b 00 as .{ .r or YI It • V 144. •ini Fy •s .• .r •s • • a. led . � ' ? t+i1210 N O i� O . -f.. m� £o12ro c U o a. •3 N i N --- ... .. •ram ... s r.� EXHIBIT A-2 s f.. I" • • • - CITY '0010 -SVHOM '1S VIOSBNNIW `AT1I�. UBOV 99 SjllllHci • ueld a�!S 1 / 1 1 / 1 1 / 1 1 / 1 1 / / 1 1 1 1 • / 1 1 `oo 1 L 1 sitw� !• 6�NCol f 1 lO�l. f 1» 1 � 1 f � �/ •�a�.; sslxa . Wow" . W W_ W fa► I o r ._. F F px all IL Z. CO 00 r 7 �"'�i< ■�+ ry gfy{t-� .s±� i o o g<� ;' :"ig 1 / 4 < .. �+ F�Jp /.%' >�1h _'1 r'� a ..'F�s+. ; •D � T �l r1U. f: / 1, 1. • r ip t • v�- '� ,_ 3 � / t' Z �F M as Y\ 1 1. Tat 7-la rl 1:�� lb CM CYL3 ov 0<eSV4 z / IT I i'q� ' d � • 1 tr }i•1 1. 1. •n.. ! ... . .. . .. .. .t .•. .n .. • ... .. 1 BSI � f.. A.� ✓.'� y.r ,'.i �•�lr .� .4 M L . r... •� .,. 4-15-98 CITY OF ALBERTVILLE Planning Commission Findings of Fact & Recommendation Request: Pat's Phillips 66 Station has submitted development plans for building expansion of the existing convenience store, addition of six (6) auto repair bays, and a car wash facility. The existing fuel pump islands and canopy on the site's west side will remain unchanged. The two diesel fuel islands are being relocated slightly south on the property and a third island will be added. The site is located at the CSAH 37/Large Avenue intersection on unplatted land and encompasses 2.46 acres. The property is currently zoned B-3, Highway Commercial but requires a Conditional Use Permit for both the car wash and auto repair. Planning Commission Meeting We: 14 April 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for g nd Building Plan enz l Us Service Bav o.^ditional Use Permit has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The general, car wash, and auto repair Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily met. 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. If not already, the curb cut on Large Avenue closest to CSAH 37 is relocated further south to provide a minimum forty (40) foot separation from the CSAH 37/Large Avenue intersection and to be in alignment with one of the bank access points across Large Avenue. 4. The width of all curb cuts shall be limited to twenty-four (24) feet unless approved by the City Engineer. 5. The overnight parking of semi -trucks and/or trailers is permitted on site provided they do not occupy needed parking spaces. 6. An additional thirteen (13) parking stalls are shown on revised plans to meet the requirement of thirty-nine (39), two (2) of which must be designated as handicapped accessible. Additionally, the following parking -related items shall be provided: x a. The ends of parking rows shall contain curb barriers b. Data shall be submitted to the City Planner regarding the number of employees on maximum shift and the number of company owned vehicles C. All parking and on -site driveway areas shall be setback five (5) feet from all property lines. d. All drive lane and parking areas are surfaced with asphalt and curbed. 7. Site plans are revised to show the correct location and size of the fuel canopy on the buildings' wrest side as well as the correct orientation of the NEW diesel pumps on the south side for which there is no canopy. 8. All existing and proposed exterior lighting located on site must be shown on plans and shall be subject to review and approval by the City Planner. g. In addition to the eleven (11) deciduous trees, thirteen (13) coniferous trees, and five (5) shrubs on the property, a landscape plan is submitted which shows: a. All areas not paved or developed are planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. b. Parking and paved areas are screened to a height of four (4) feet where adjacent to public streets (north, south, and west sides) so as to create a solid visual screen via either fencing, landscaping, or a combination of the two. 10. Park dedication requirements are satisfied as discussed herein and the required ten 10) foot trail is accommodated via dedication of an easement where necessary. (1 he bituminous trail shall be constructed to city standards and installed at the time the final layer of asphalt is laid over other parking/site areas. 11. All signage is brought into conformance with current sign regulations and a sign plan is submitted for review and approval by the City Planner which shows all existing and proposed signage. (Note: A variance may have been approved in the past for the pole sign which is shared with Steffen Meats - this is currently being verified.) Adopted by the Albertville Planning Commission this 14th day of April 1998. City of Albertville By: Howard Larson, Chair Attest: Linda Goeb, City Clerk pc: Pat Meyer, Phil Blott, David Lund, Linda Goeb, Mike Couri, Pete Carlson 4-15-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Request: Pat's Phillips 66 Station has submitted development plans for building expansion of the existing convenience store, addition of six (6) auto repair bays, and a car wash facility. The existing fuel pump islands and canopy on the site's west side will remain unchanged. The two diesel fuel islands are being relocated slightly south on the property and a third island will be added. The site is located at the CSAH 37/Large Avenue intersection on unplatted land and encompasses 2.46 acres. The property is currently zoned B-3, Highway Commercial but requires a Conditional Use Permit for both the car wash and auto repair. City Council Meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 6 April 1998, prepared by NAG, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for Site and Building Plan ppL al Car Wash Conditional Use Permit_ and Service Bay Conditional Use Permit has been approved based on the most current plans and information received to date, subject to the following conditions: 1. The general, car wash, and auto repair Conditional Use Permit provisions of the City Zoning Ordinance are considered and satisfactorily meta 2. All grading, drainage and utility issues shall be subject to review and approval by the City Engineer. 3. If not already, the curb cut on Large Avenue closest to CSAH 37 is relocated further south to provide a minimum forty (40) foot separation from the CSAH 37/Large Avenue intersection and to be in alignment with one of the bank access points across Large Avenue. 4. The width of all curb cuts shall be limited to twenty-four (24) feet unless approved by the City Engineer. 5. The overnight parking of semi -trucks and/or trailers is permitted on site provided they do not occupy needed parking spaces. 6. An additional thirteen (13) parking stalls are shown on revised plans to meet the requirement of thirty-nine (39), two (2) of which must be designated as handicapped accessible. Additionally, the following parking -related items shall be provided: a. The ends of parking rows shall contain curb barriers b. Data shall be submitted to the City Planner regarding the number of employees on maximum shift and the number of company owned vehicles C. All parking and on -site driveway areas shall be setback five (5) feet from all property lines. d. All drive lane and parking areas are surfaced with asphalt and curbed. 7. Site plans are revised to show the correct location and size of the fuel canopy on the buildings' west side as well as the correct orientation of the NEW diesel pumps on the south side for which there is no canopy. 8. All existing and proposed exterior lighting located on site must be shown on plans and shall be subject to review and approval by the City Planner. 9. in addition to the eleven (11) deciduous trees, thirteen (13) coniferous trees, and five (5) shrubs on the property, a landscape plan is submitted which shows: a. All areas not paved or developed are planted in ornamental vegetation such as lawns, ground covers, shrubs and trees. b. Parking and paved areas are screened to a height of four (4) feet where adjacent to public streets (north, south, and west sides) so as to create a solid visual screen via either fencing, landscaping, or a combination of the two. 10. Park dedication requirements are satisfied as discussed herein and the required ten (10) foot trail is accommodated via dedication of an easement where necessary. The bituminous trail shall be constructed to city standards and installed at the time the final layer of asphalt is laid over other parking/site areas. 2 } 1 11. All signage is brought into conformance with current sign regulations and a sign plan is submitted for review and approval by the City Planner which shows all e)dsting and proposed signage. (Note. A variance may have been approved in the past for the pole sign which is shared with Steffen Meats - this is currently Ming verified) Adopted by the Albertville City Council this lath day of April 1998. City of Albertville By: Mayor Mark Olsen Attest: Linda Goeb, City Clerk pc: Pat Meyer, Phil Blott, David Lund, Linda Goeb, Mike Couri, Pete Carlson 3 } NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Albertville Mayor and City Council Albertville Planning Commission Bob Kirmis / Elizabeth Stockman 2 April 1998 Albertville - Savitski Commercial Building Addition 163.06 - 98.11 EXECUTIVE SUMMARY BACKGROUND Mr. Mike Savitski has submitted plans to construct a 7,200 square foot addition to an existing 7,200 square foot commercial building located south of County Road 37 and west of Lachman Avenue. The proposed building addition is to occupy Lot 2, Block 2 of the Sunrise Commercial Park which was recently combined with the existing commercial building site (Lot 3) which lies to the east. The site is zoned B-3, Highway Commercial. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Topographic Detail Exhibit D - Floor Plan Exhibit E - Building Elevations RECOMMENDATION Based on the following review, our office finds the proposed building addition to be generally acceptable and recommend approval subject to the following conditions: 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554160 PHONE 61 2-595-9636 FAX 61 2-595-9837 1. Occupancy of the proposed building is limited to uses allowed in the B-3, Highway Commercial Zoning District. 2. If not done so already, the 20 foot wide drainage and utility easement which exists along the shared side lot lines of Lots 2 and 3 is formally vacated. 3. A minimum five foot setback from side lot lines is maintained for off-street parking areas. 4. Off-street parking areas are surfaced with bituminous or concrete to control dust and drainage and provided a perimeter curb. 5. The three off-street parking stalls in the northwest corner of the site (along new. CSAH 37) are eliminated 6. The site's topographic detail is revised to be consistent with the site plan and shall illustrate the following: a. A row end curb barrier at the northern end of the parking row which abuts the site's western property Fine. b. The site's curb cut access from Lachman Avenue. C. A five foot parking area setback along the site's southern lot line. 7. All refuse containers are stored within the buildings (new and existing) or they arp screened in conformance with Zoning Ordinance requirements to a height of six (6) feet. 8. Outdoor storage is not permitted on the property and shall be removed unless application is made and the City Council approves a Conditional Use Permit to accomodate such. The submitted building elevations/plans are revised to exhibit: a. A maximum of 50% metal wall coverage on the building addition's northern facade b. Consistent roof, window and door heights with the existing site structure. C. A unified visual appearance by maintaining a consistent base brick elevation (on the proposed building addition) and accentuating the building's entry areas with flanking brick to satisfy the 50% non-metal requirement. 10. A landscape plan is submitted which illustrates the location, size and variety of all site plantings on the entire property which contains the existing and proposed buildings. E 11. A ten (10) foot trail is provided along the south side of CSAH 37 as discussed herein and additional trail easement is dedicated to the City as needed on the site's east end. 12. All grading, drainage and utility issues are subject to review and approval of the City Engineer. 13. The previously approved comprehensive sign plan is amended to address/ incorporate the proposed structure addition and plans are submitted for review and approval of the City Planner. 14. All site and building plans are revised to satisfy conditions required herein and they are submitted for review and approval of the City Planner. ISSUES ANALYSIS Zoning/Land Use. The subject site is zoned B-3, Highway Commercial This zoning designation is consistent with the City's land use plan which guides the area for commercial land use. Use of the building in question shall be limited to permitted and conditional uses allowed within the B-3 Zoning District. Subdivision. As noted previously, the site in question overlays Lots 2 and 3, Block 2 of the Sunrise Commercial Park Subdivision which have been recently combined. While the lot in question satisfies applicable B-3 District lot requirements, some question exists whether the 20 foot wide drainage and utility easement which overlays the former shared lot line was formally vacated. The vacation of such easement shall be made a condition of site and building plan approval. Setbacks. As shown below, the proposed building addition meets applicable B-3 district principal building setback requirements: Required Proposed Setback ,Setback Front Yard 35 feet 92 feet Side Yard 20 feet 39 feet Rear Yard 20 feet 70 feet NOTE: Setback determinations reflect newly created lot According to the zoning Ordinance, all off-street parking areas associated with commercial and industrial uses must have a perimeter curb not closer than five feet from any lot line. As shown on the attached site plan (Exhibit B), an off-street parking area is proposed to abut the site's western boundary. As a condition of site and building plan approval, the five foot off-street parking area setback requirement should be maintained. 3 p Off -Street Parking • Parking Supply. In the City's review of the existing commercial building which exists on the eastern one-half of the subject site, a total of 32 off-street parking spaces was determined necessary as calculated below: $ a ,ir d Spaces Office Area - 2,400 square feet 15 Warehouse Area - 4,800 square feet 5 One Space Per Employee 12 TOTAL REQUIRED SPACES 32 Considering that the floor plan of the proposed building addition is identical to the existing structure, a similar off-street parking demand can be expected. Thus, an off-street parking supply of 64 spaces should be required. According the submitted site plan, a total of 83 off-street parking spaces is to be provided in significant excess of that required by ordinance. Additionally, a total of four handicap stalls have appropriately been provided in conformance with State American Disability Act (ADA) requirements. • Parking Lot Dimensions. All proposed off-street parking stalls and drive aisles have been found to meet minimum dimensional requirements of the ordinance. • Surfacing. According to the ordinance, all off-street parking areas associated with commercial and industrial uses must be surfaced with bituminous or concrete to control dust and drainage. This surfacing requirement will be made a condition of site and building plan approval • Curbing. In conjunction with off-street parking area surfacing, perimeter curbing should be provided around the entire parking lot (including, loading areas to the rear of the building). • Circulation. Generally speaking, the proposed vehicular circulations system appears well conceived. There are, however, some minor concerns/conflicts as summarized below: 1. The three off-street parking stalls in the northwest corner of the site (along 61 st Street) should be eliminated to avoid vehicular backing maneuver conflicts in a high traffic area of the site. 2. The submitted topographic detail (Exhibit C) should be revised to illustrate the following (to be consistent with the submitted site plan): a. A row end curb barrier at the northern end of the parking row which abuts the site's western property line. b. The site's curb cut access from Lachman Avenue. 4 y Site Access. In conjunction with the realignment of CSAH 37 along the old 61 st Street, Wright County has required the existing 61 st Street site access location to be shifted westward to lie t 350 feet west of the county road/Lachman Avenue intersection. Consistent with this mandate, the submitted site plan illustrates such access relocation. In a further attempt to minimize county road access points, the subject property provides access to the adjacent lot (bank) to the west. The thirty (30) foot curb cut has been approved by the City Engineer. Lot Coverage. According to B-3 District provisions, no structure may exceed 30 percent coverage of the lot area. With a building coverage of 21 percent, applicable structure coverage requirements have been satisfied. Trash Enclosure/Outdoor Storage. The submitted site plan does not illustrate the locations of trash enclosures or outdoor storage areas. The Zoning Ordinance requires that all refuse be stored within the building or totally screened. The trash receptacles behind the existing building are located outside of the building and are not screened. As a condition of building addition approval, the location and/or screening of all refuse containers must be addressed. The existing building also contains outdoor storage which is not permitted unless a Conditional Use Permit is approved by the City Council. The stack of pallets and five (5) vehicles must be removed from site or stored within the building. Building Materials. According to the submitted building elevations, the proposed building is to be finished in colored steel wall panels and rock face brick at the building's base. Such materials are intended to match the materials and colors of the site's existing structure. Since the consideration of the site's existing structure, the City has amended its building material requirement imposed in business zoning districts. Specifically, building material requirements have been changed to stipulate that not more than 50 percent of a building wall which faces a public right-of-way of residential district may be comprised of metal (previously a 75 percent coverage wall allowed). Without full size plans from which to measure, it is estimated that the proposed building's northern facade exhibits a metal finish of slightly greater than 70 percent. As a result, the amount of metal wall coverage should be reduced to not more than 50 percent of the wall area. Full size plans will have to be submitted as a condition of approval to demonstrate compliance with this requirement. Building Appearance. The proposed building addition is intended to match the existing site structure in both color and design. While this effort is appreciated, some concern exists that the visual continuity of window and roof placement will not be maintained due to the ground elevation of Lot 2. As shown on the submitted building elevations, the proposed building addition is to be constructed at an elevation +l- (1) one foot higher than the existing structure. Thus, the horizontal roof, window and door heights are not to be consistent. As a condition of site and building plan approval, consideration should be given to adjusting the proposed north building elevation to match roof window and door 5 elevations of the existing structure. Obviously, the imposition of the maximum 50 percent metal wall coverage requirement will not allow the north elevation of the proposed building addition to "mimic" the finish materials of the existing structure. To provide a unified building design and visual appearance, consideration should be given to maintaining a consistent base brick elevation (on the proposed building addition) and accentuating the building's entry areas with flanking brick. Full size building plans should reflect these changes and shall be submitted for review and approval of the City Planner. Landscaping. While the submitted topographic detail illustrates planting locations, it does not constitute a "landscape plan". Furthermore, the required plantings approved as a condition of the existing building approval have not been installed (due to CSAH 37 realignment). As a condition of site and building plan approval, a landscape plan should be submitted which illustrates the location, variety and size of all proposed site plantings on the entire property which contains the existing and proposed buildings. The plan should allow for the required pedestrian trail as explained below. Trail. The City's Park and Trail Plan calls for a ten (10) foot multi -use trail along the south side of CSAH 37. The proposed development must accommodate the trail which shall traverse across the entire property frontage. Trail dedication standards require the developer/owner to construct the trail to city standards as is required by the City Engineer. The estimated cost of the trail construction is 368 linear feet x $16.00 per lineal foot = $5,888.00. Because of limited space, the trail shall be located adjacent to the curb which is within the CSAH 37 highway easement across the majority of the site, except for the far eastern end where additional easement dedication will be required. This arrangement provides for a median from six (6) to eight (8) feet between the trail and parking lot within which to plant required trees. Drainage and Utilities. The site in question is proposed to have an impervious surface coverage of t 85 percent. As a result, an assurance needs to be made that proper stormwater management measures are imposed. This issue as well as issues relating -to utilities should be subject to review and approval by the City Engineer. Lighting. Any lighting used to illuminate off-street parking areas should be directed to deflect light away from adjacent public streets. The source of such lights should also be hooded and controlled to as not to illuminate adjacent property. The proposed lighting will be subject to review and approval by the City Building Inspector. Signage. A comprehensive sign plan was approved as part of the existing building's consideration (applicable to multiple occupancy buildings). As a condition of site and building plan approval, a sign plan shall be submitted for the new building which is consistent with the previously approved comprehensive sign plan and shall be subject to review and approval of the City Planner. 6 CONCLUSION The proposed building addition is generally considered positive. There are, however, some minor outstanding issues which should be addressed. As a result, we recommend approval of the proposed building addition subject to the conditions listed in the Executive Summary of this report. pc: Dave Lund Linda Goeb Pete Carlson Mike Couri Kevin Mealhouse Mike Savitski 7 � 1 a f0\ n 4� tf'Y'Kt't'tC0]S ite ilk . H. �Gtc EXHIBIT A - SITE LOCATION rL'r'tirt'Cf'0IS IC66•Lg9 219)'vi 099t,:29 (CIO) -foi. gtl;% 0309—~ omipg 3H W' ^w Lwgo3 Iq= .,u.u6v3 N n IOM KK'STUAJMZM LT a51 • 97M 0blLi/fi '31YO �..w.> w �� w �� •� •�, 'IrK HAY MYNGDYI'v 7m js:pl9 +.o+� nvl!a �v oun+5eu R+e a Ve z HSVHd re fw R, os,cas+o >e•� ,w>ds� +o >P.r • I I 1 1 1 I I I 1 1 1 I I 1 I I 1 I 1 1 I I I 1 I I I 1 I 1 I I f L. 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'. "�N r'tir+Y .I�� iFGL c.� iIAI f9.!!u'fl� C.1fsE.. �10 a uO b .c« �t[,j'(�� j��1 T T � [� A. '�1 ss,a>owY .�.+�'1 c sw aJ.6o.A uo0.� .e uqO ROi+.> Ro.M4 aM.l HS r M DMH 111t7aL1 AVS aWO ofl Iblll. ->/^.d1 K4. ►A iN, 1 W J W C'3 z 0 J 5 m .. W +all � +< All O Tm i fl v $ X !!1_ W M mi m i = 0 .................._..... _..........._.... 0 0 n Q 0 O N Z^� j( 3 2 cat,. v y 4-15-98 CITY OF ALBERTVILLE Planning Commission Findings of Fact & Recommendation ..livin.MWIMM•uu- . rlV 7, X. •t Request: Mr. Mike Savitski has submitted plans to construct a 7,200 - square foot addition to an existing 7,200 square foot commercial building located south of County Road 37 and west of Lachman Avenue. The proposed building addition is to occupy Lot 2, Block 2 of the Sunrise Commercial Park which was recently combined with the existing commercial building site (Lot 3) which lies to the east. The site is zoned B-3, Highway Commercial. Planning Commission Meeting Date: 14 April 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is attached. 2. The Planning Report dated 2 April 1998, prepared by NAC, Inc. is incorporated herein. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Site and Building Plan (addition) has been approved based on the most current plans and information received to date, subject to the following conditions: 1. Occupancy of the proposed building is limited to uses allowed in the B-3, Highway Commercial Zoning District. 2. If not done so already, the 20 foot wide drainage and utility easement which exists along the shared side lot lines of Lots 2 and 3 is formally vacated. 3. A minimum five foot setback from side lot lines is maintained for off-street parking areas. 4. Off-street parking areas are surfaced with bituminous or concrete to control dust and drainage and provided a perimeter curb. 5. The three off-street parking stalls in the northwest corner of the site (along new CSAH 37) are eliminated. 6. The site's topographic detail is revised to be consistent with the site plan and shall illustrate the following: a. A row end curb barrier at the northern end of the parking row which abuts the site's western property line. b. The site's curb cut access from Lachman Avenue. C. A five foot parking area setback along the site's southern lot line. 7. All refuse containers are stored within the buildings (new and existing) or they are screened in conformance with Zoning Ordinance requirements to a height of six (6) feet. 8. Outdoor storage is not permitted on the property and shall be removed unless application is made and the City Council approves a Conditional Use Permit to accomodate such. 9. The submitted building elevations/plans are revised to exhibit a maximum of 50% metal wall overage and the full-scale plans are submitted for review and approval of the City Planner. 10. A landscape plan is submitted which illustrates the location, size and variety of all site plantings on the entire property which contains the existing and proposed buildings. 11. A ten (10) foot trail is provided along the south side of CSAH 37 as discussed herein and additional trail easement is dedicated to the City as needed on the site's east end. 12. All .grading, drainage and utility issues are subject to review and approval of the City Engineer who shall also comment on the need for a stormwater outlet under Lachman Avenue. 13. The previously approved comprehensive sign plan is amended to address/ incorporate the proposed structure addition and plans are submitted for review and approval of the City Planner. 14. All site and building plans are revised to satisfy conditions required herein and they are submitted for review and approval of the City Planner. Attest: Adopted by the Albertville Planning Commission this 14th day of April 1998. City of Albertville By: Linda Goeb, City Clerk Howard Larson, Chair pc: Mike Savitski, David Lund, Linda Goeb, Mike Couri, Pete Carlson 4-15-98 CITY OF ALBERTVILLE Applicant's Narne: City Council Findings of Fact & Decision Request: Mr. Mike Savitski has submitted plans to construct a 7,200 square foot addition to an e)asting 7,200 square foot commercial building located south of County Road 37 and wrest of Lachman Avenue. The proposed building addition is to occupy Lot 2, Block 2 of the Sunrise Commercial Park which was recently combined with the existing commercial building site (Lot 3) which lies to the east. The site is zoned B-3, Highway Commercial. City Council meeting Date: 20 April 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and decision: 1. The legal description of the subject property is attached. 2. The Planning Report dated 2 April 1998, prepared by NAC, Inc. is incorporated herein. 3. On 14 April 1998 the Albertville Planning Commission conducted a meeting to consider the applicant's request, preceded by a mailed notice. Upon review of the application and evidence received, the Planning Commission closed the meeting and recommended that the City Council approve the project. Decision:Based on the foregoing considerations and applicable ordinances, the applicant's request for Site and Building Plan (addition)_ has been approved based on the most current plans and information received to date, subject to the following conditions: 1. Occupancy of the proposed building is limited to uses allowed in the B-3, Highway Commercial Zoning District. 2. If not done so already, the 20 foot wide drainage and utility easement which exists along the shared side lot lines of Lots 2 and 3 is formally vacated. 3. A minimum five foot setback from side lot lines is maintained for off-street parking areas. 4. Off-street parking areas are surfaced with bituminous or concrete to control dust and drainage and provided a perimeter curb. 5. The three off-street parking stalls in the northwest corner of the site (along new CSAH 37) are eliminated. 6. The site's topographic detail is revised to be consistent with the site plan and shall illustrate the following: i a. A row end curb barrier at the northern end of the parking row which abuts the site's western property line. b. The site's curb cut access from Lachman Avenue. C. A five foot parking area setback along the site's southern lot line. T All refuse containers are stored within the buildings (new and existing) or they are screened in conformance with Zoning Ordinance requirements to a height of six (6) feet. 8. Outdoor storage is not permitbad on the property and shall be removed unless application is made and the City Council approves a Conditional Use Permit to accomodate such. 9. The submitted building elevationstplans are revised to exhibit a maximum of 501/o metal wall coverage and the full-scale plans are submitted for review and approval of the City Planner. 10. A landscape plan is submitted which illustrates the location, size and variety of all site plantings on the entire property which contains the existing and proposed buildings. 11. A ten (10) foot trail is provided along the south side of CSAH 37 as discussed herein and additional trail easement is dedicated to the City as needed on the site's east end. 12. All grading, drainage and utility issues are subject to review and approval of the City Engineer who shall also comment on the need for a stormwater outlet under Lachman Avenue. 13. The previously approved comprehensive sign plan is amended to address/ incorporate the proposed structure addition and plans are submitted for review and approval of the City Planner. 14. All site and building plans are revised to satisfy conditions required herein and they are submitted for review and approval of the City Planner. Adopted by the Albertville City Council this 20th day of April 1998. Attest: City of Albertville By: Linda Goeb, City Clerk Mayor Mark Olsen pc: Mike Savitski, David Lund, i*inda Goeb, Mike Couri, Pete Carlson 2