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PLANNING COMMISSION MEETING Tuesday, February 9, 2016
7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES December 8, 2015 Planning Commission Meeting (pages 1-2) 3. PUBLIC HEARINGS
a. Dolphin Fast Food Inc. – Burger King Parking Count Variance for property located at 6495 LaBeaux Avenue (pages 3-16)
4. OTHER BUSINESS
a. Select meeting dates for August and November 2016 (see attached development review schedule)
5. ADJOURNMENT
ALBERTVILLE PLANNING COMMISSION
TUESDAY, DECEMBER 8, 2015
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA Chair Klecker called the meeting to order at 7:00 p.m. Becker conducted roll call. Present: Chair Klecker and Commissioners Edgren, Barthel and Lindberg. Absent: Commissioner Dominick Others Present: City Planner Alan Brixius, Building Permit Technician Maeghan Becker, and resident Bob Zagorski. Motioned by Barthel, seconded by Lindberg, to approve the agenda as presented. Ayes: Klecker, Edgren, Barthel and Lindberg. Nays: None. Absent: Dominick. MOTION DELARED CARRIED. 2. MINUTES Motioned by Edgren, seconded by Barthel, to approve the November 10, 2015 Planning Commission meeting minutes. Ayes: Klecker, Edgren, Barthel and Lindberg. Nays: None. Absent: Dominick. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS:
A. Special Sign Standards Brixius went over the elements of topic for the Sign Code that are being modified. They are as follows:
1. The Format 2. The Purpose Statement 3. The Definition Section 4. Non-Conforming Signs 5. Prohibited Signs
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Planning Commission Meeting Minutes Regular Meeting of December 8, 2015
6. General Provisions 7. District Regulations 8. Special Sign Standards 9. Permit Requirements 10. Violations; Penalties
Commissioner Barthel had a concern on the Permit Requirements, on page 35(section 10-7-8). He brought to attention that the owner of a sign should not have to get a permit to do routine maintenance such as painting their sign. You do need to pull a permit if you are changing the face of the sign and/or the structure. Brixius will be changing the language to adhere to Barthel’s concern.
Motioned by Klecker, seconded by Lindberg to close the Public Hearing. Ayes: Klecker, Edgren, Barthel and Lindberg. Nays: None. Absent: Dominick. MOTIONED DECLARED CARRIED. Motioned by Barthel, seconded by Lindberg to recommend approval to Council. Ayes: Klecker, Edgren, Barthel, Lindberg. Nays: None. Absent: Dominick. MOTIONED DECLARED CARRIED. 4. OTHER BUSINESS
A. None
5. ADJOURNMENT
Motioned by Edgren, seconded by Klecker, to adjourn the meeting at 7:12 p.m. Ayes: Klecker, Edgren, Barthel and Lindberg. Nays: None. Absent: Dominick. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Maeghan M. Becker, Building Permit Technician
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N O R T H W E S T A S S O C I A T E D C O N S U L T A N T S , I N C . __________________________________________________________________ 4 15 0 O l so n Me mor ia l H ighway , S t e . 3 20 , Go lde n Va l l e y , MN 5 5 42 2
T e l e p ho ne : 7 6 3 .9 5 7 . 1 1 0 0 W e b s i t e : w w w . na c p l a nn i n g . c o m
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PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: February 3, 2016 RE: Albertville – Burger King Parking Standards Variance FILE NO: 163.06 – 16.01 BACKGROUND Dolphin Real Estate has filed application requesting a variance from the City’s required amount of parking for their site located at 6495 LaBeaux Avenue. The applicants wish to remove an indoor play structure and convert this area to seating. The site is fully developed and does not offer area for additional parking for the expanded seating. The property owner is requesting a variance from the number of parking stalls due to the significant amount of walk-in customers from the Outlet Mall. Attached for reference: Exhibit A: Applicant Letter Exhibit B: Burger King Pedestrian Traffic Detail Exhibit C: Site Plan Exhibit D: Floor Plan Seating Layout Exhibit E: Proposed Pedestrian Crossing Review Exhibit F: Outlet Mall Email Correspondence ISSUES AND ANALYSIS Original Approvals. Burger King’s original site and building plan was approved in 2000. The building plan included the play system which was deducted from the dining room for the parking calculation. The table below shows the parking calculation for the original floor plan.
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Required Proposed Dining and Service Area 42 43 Kitchen and Storage 11 11 Drive Through Service Lane 2 2 TOTAL 55 56
The approved site plan included 56 parking stalls, meeting the City ordinance. Play Equipment. The play equipment occupies approximately 180 square feet of floor area in the northern portion of the building. With the building renovation, the applicant proposes to convert this area to accommodate up to 20 additional seats. By ordinance, the 180 square feet of additional dining area would require five parking stalls, for a total site parking count of 60. Parking Stalls. The site plan shows a parking arrangement of 56 stalls, resulting in a shortage of four parking stalls. Variance. In meeting with Burger King representatives, they identified their proposed renovations and City staff directed them to pursue a variance to accommodate the reduced parking count. Section 500.1.B of the Albertville Zoning Ordinance outlines the following criteria for granting a variance: 1. Variances shall only be permitted when they are in harmony with the general
purpose and intent of the City Code and consistent with the Comprehensive Plan.
Finding. The site is zoned PUD/B-3 which allows for restaurant uses as a
permitted use. The Burger King site and building plan was approved as part of the larger Albertville Outlet Mall PUD, which was designed to promote complementary business uses and business interchange between the Burger King site and the larger shopping center.
The restaurant renovations propose to remove the play structure and expand
dining room seating in response to their customer type and demand. They have indicated that this is due to its proximity to the Outlet Mall and has significantly higher incidences of pedestrian traffic than their other 19 Burger Kings. In light of the site zoning, its approval was part of a larger PUD and its operational characteristics of the reduced parking count is consistent with the general purpose of the City Code and approved PUD.
The variance will allow further renovation on an existing business, which is
consistent with the goals and policies of the City’s Vision Study. The Vision Study promotes the expansion and growth of Albertville businesses in areas guided for commercial. The study also promotes high design in building architectural and site design.
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2. Variances may only be permitted when the applicant establishes that there are non-economic practical difficulties in complying with the Zoning Ordinance, meaning the property owner proposes to use the lot or parcel in a reasonable manner not permitted by the Zoning Ordinance.
Finding. The non-economic practical difficulties that are applicable to the site in
support of the variance include:
a. The site is part of a larger PUD and provides an ancillary food service for the larger Outlet Mall.
b. The site’s proximity to the Outlet Mall results in a higher incidence of
pedestrian customer traffic patronizing this restaurant than typical restaurants. Customers park at the shopping center and walk to Burger King. This is documented by the applicant’s traffic study and verified by the Outlet Mall. Based on this information, the four additional stalls are not needed.
c. The building’s footprint is not being expanded. All floor area modifications
are designed within the existing building. d. The site layout will not physically allow the addition of four stalls without
being a detriment to the current site design. In light of the current site’s operation and the practical difficulties associated with the site, the variance will allow the dining room to expand and operate in a reasonable manner not otherwise permitted by the Zoning Ordinance.
3. The plight of the property owner must be due to circumstances that are unique to
the lot or parcel and is not created by the property owner. Finding. The uniqueness of this lot is location and proximity to the Albertville
Outlet Mall. No other lot in the community shares these characteristics. The physical characteristic generates a higher volume of pedestrian business interchange between the restaurant and the shopping center, resulting in a demand for more restaurant seating without the greater demand for on-site parking.
4. The variance must not alter the essential character of the locality including all
zoning district and overlay district provisions. Finding. The variance will not change the character of the locality. Currently,
Burger King and the Outlet Mall are exploring the means to improve pedestrian safety between the two sites. The building renovation will bring an updated image to the restaurant and provide additional seating for the convenience of its customers.
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5. The request is not a use variance. Finding. The existing restaurant is a permitted use in the base B-3 zoning and
approved within the Albertville Outlet Mall PUD. This is not a use variance. 6. The variance requested is the minimum variance necessary to accomplish the
use of the property in a reasonable manner. Finding. There is no exterior expansion of the building. The conversion of the
180 square feet of play area to dining requires five parking stalls, resulting in an on-site parking shortage of four parking stalls. This is the minimum variance possible for the site.
RECOMMENDATION AND CONCLUSION Dolphin Fast Food Inc. is looking to reinvest in its Burger King restaurant in Albertville. The proposed renovation will refresh the exterior appearance of the building and proposes to expand the interior seating by up to 20 seats to meet its customer demand. The expanded seating by ordinance requires five additional parking stalls, which cannot physically be accommodated on the lot. The property owner is requesting a variance from these additional parking stalls citing the site’s current characteristics and operations as the basis for the variance. Based on our review of the application, we recommend approval of the variance based on the findings outlined in this report. c. Kim Olson Maeghan Becker Paul Heins Mike Couri Stacy Nealy, Dolphin Fast Food Inc.
EXHIBIT A7
EXHIBIT B8
EXHIBIT C9
EXHIBIT D10
EXHIBIT E11
EXHIBIT E12
EXHIBIT E13
EXHIBIT E14
EXHIBIT E15
From: [email protected] [mailto:[email protected]] Sent: Monday, February 01, 2016 10:11 AM To: Alan Brixius Cc: [email protected]; [email protected] Subject: Re: Albertville Burger King Alan, I have reviewed the attachment and find it to be acceptable to our requirements. The one exception that I would like to point out (and it works as a mutual plus) is that our posted speed is actually 15mph vs the 30mph that is shown in the proposal for the crosswalk. We should be good to go. If there are any other questions or issues that are required, please do not hesitate to let me know. Laurie Summerland General Manager Albertville Premium Outlets
6415 Labeaux Avenue Northeast Suite A 109 Albertville, MN 55301 USA T 763.497.9713 F 763.497.0778 [email protected]
EXHIBIT F16
M:\Public Data\Planning Commission & Zoning\Development Review Schedules\2016 Development Review Schedule.doc last update: 1/28/2016
2016 DEVELOPMENT REVIEW SCHEDULE (Updated 1/28/2016)
REQUIRED
PRE-
APPLICATION
STAFF MEETING
10:00 AM
Tuesday following a
City Council meeting (exception – holidays)
PROJECT PLANS
INFORMATION
DUE
4 weeks BEFORE
Planning Commission
meeting date (note
below)*
PUBLIC HEARING
NOTICE
DUE to City for
publication
Thursdays – 12:00
p.m.. (exception – holidays)
PLANNING
COMMISSION
MEETING
2ND
Tues. each month*
7:00 PM
(*exception – holidays)
STAFF AND
APPLICANT
MEETING A 60-day Notice will
be distributed to the
applicant at this time.
Revised plans will be
due to Staff two weeks
from this date.
CITY COUNCIL
MEETING
1st & 3
rd Monday each
month**
7:00 PM (**exception – holidays)
November 16, 2015 December 15, 2015 December 23, 2015 January 12, 2016 January 19, 2016
February 1, 2016
December 7, 2015 or **February 16, 2016
December 21, 2015 January 12, 2016 January 21, 2016 February 9, 2016 February 16, 2016
March 7, 2016
January 5, 2016 or March 21, 2016
January 19, 2016* February 9, 2016 February 18, 2016 March 8, 2016 March 22, 2016
April 4, 2016
February 2, 2016 or April 18, 2016
February 16, 2016* March 15, 2016 March 24, 2016 April 12, 2016 April 19, 2016
May 2, 2016
March 3, 2016 or May 16, 2016
March 22, 2016 April 12, 2016 April 21, 2016 May 10, 2016 May 17, 2016
June 6, 2016
April 5, 2016 or June 20, 2016
April 19, 2015 May 17, 2016 May 26, 2016 June 14, 2016 June 21, 2016
**July 5, 2016
May 3, 2016 or July 18, 2016
May 19, 2016 June 14, 2016 June 23, 2016 July 12, 2016 July 19, 2016
August 3, 2016
June 7, 2016 or August 17, 2016
* Note: This schedule will be followed without exception. If meeting dates or project due dates are missed, this will result in the Planning Commission review of the request
being delayed at least one month. The Applicant is responsible to provide one complete copy of the application and the required plans for each of the City Planner, City
Engineer, City Attorney, and City Clerk. The City Planner will review the application materials for completeness and submit a letter to the applicant, within 15 days of
receipt of the application packet, indicating whether the application is deemed complete or listing materials that are required prior to initiating the formal review process.
** Observed holiday, indicates a change in regular meeting date.
M:\Public Data\Planning Commission & Zoning\Development Review Schedules\2016 Development Review Schedule.doc last update: 1/28/2016
2016 DEVELOPMENT REVIEW SCHEDULE (Updated 1/28/2016)
REQUIRED
PRE-
APPLICATION
STAFF MEETING
10:00 a.m.
Tuesday following a
City Council meeting (*exception – holidays)
PROJECT PLANS
INFORMATION
DUE
4 weeks BEFORE
Planning & Zoning
Commission meeting
date (note below)*
PUBLIC HEARING
NOTICE
DUE to City for
publication
Thursdays – 12:00
p.m.. (*exception – holidays)
PLANNING
COMMISSION
MEETING
2ND
Tues. each month*
7:00 PM
(*exception – holidays)
STAFF AND
APPLICANT
MEETING A 60-day Notice will
be distributed to the
applicant at this time.
Revised plans will be
due to Staff two weeks
from this date.
CITY COUNCIL
MEETING
1st & 3
rd Monday each
month**
7:00 PM (**exception – holidays)
June 21, 2016 July 12, 2016 July 21, 2016
August TBD, 2016 (Primary Election)
August 16, 2016 **September 6, 2016
July 5, 2016* or September 19, 2016
July 18, 2016 August 16, 2016 August 25, 2016 September 13, 2016 September 20, 2016
October 3, 2016
August 15, 2016 or October 17, 2016
August 15, 2016 September 13, 2016 September 22, 2016 October 11, 2016 October 18, 2016
November 7, 2016
September 6, 2016* or November 21, 2016
September 19, 2016 October 11, 2016 October 20, 2016
November TBD, 2016 (General Election)
November 22, 2016 December 5, 2016
October 3, 2016 or December 19, 2016
October 17, 2016
November 15, 2016 November 22, 2016* (TUES., Holiday Week)
December 13, 2016 December 20, 2016 January 2, 2017
November TBD,
2016 or **January 17, 2017
November 22, 2016 December 13, 2016 December 22, 2016 January 10, 2017 January 17, 2017
February 6, 2017
December 6, 2016 or **February 21, 2017
* Note: This schedule will be followed without exception. If meeting dates or project due dates are missed, this will result in the Planning Commission review of the request
being delayed at least one month. The Applicant is responsible to provide one complete copy of the application and the required plans for each of the City Planner, City
Engineer, City Attorney, and City Clerk. The City Planner will review the application materials for completeness and submit a letter to the applicant, within 15 days of
receipt of the application packet, indicating whether the application is deemed complete or listing materials that are required prior to initiating the formal review process.
** Observed holiday, indicates a change in regular meeting date.
