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
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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.
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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
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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.
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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.
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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.
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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
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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"�
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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.
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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
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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.
Based on the review of plans attached hereto, we recommend approval of the Cedar Creek North
and South Final Stage Plats subject to the conditions as outlined in the executive summary of this
report.
pc: David Lund
Linda Goeb
Pete Carlson
Mike Couri
Kevin Mealhouse
Don Jensen
Scott Dahlke
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4-15-98
CITY OF ALBERTVILLE
Planning Commission
Findings of Fact
& Recommendation
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 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
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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
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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
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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
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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
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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
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