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2021-06-08 Planning Commission Packet A�Ibcrtvillf: i t PLANNING COMMISSION MEETING Tuesday June 8, 2021 7:00 PM 1. CALL TO ORDER- ROLL CALL—ADOPT AGENDA 2. MINUTES Planning Commission Meeting, April 13th, 2021 (pages 1-5) 5. PUBLIC HEARINGS a. Application for a zoning map amendment from R-1 Single Family Residential District to PUD Planned Unit Development District and Preliminary Plat for a 70 lot single family residential subdivision entitled Preserve at Albertville locate on the north side of 501h Street between Main Avenue and CR. 19. (pages 6-49) b. Zoning text amendment changing the required setbacks for Cemetery uses within the P/I Public Institutional District. (pages 50-56) C Zoning text amendment establishing definitions and regulations for thrift stores / secondhand merchandise stores in the Albertville. (pages 57-63) 6. OTHER BUSINESS None 7. ADJOURNMENT jAy,\\lb£rtvi 1l£ Smsl Town 11Wnp.Big My ills. ALBERTVILLE PLANNING COMMISSION TUESDAY,APRIL 13, 2021 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER- ROLL CALL-ADOPT AGENDA Chair Buhrmann called the meeting to order at 7:00 p.m. Maeghan Becker conducted roll call. Present: Chair Buhrmann and Commissioners Hayden, Huggins, and Council Liaison Zagorski. Absent:Anderson. Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan Becker, Gary Fehn, Gary Lenz, Scott Dahlke, Sheila Zachman,Adam Nafstad Motioned by Huggins,seconded by Buhrmann to approve the agenda.Ayes: Buhrmann, Hayden, Huggins, and Zagorski.Nays:None.Absent:Anderson.MOTION DECLARED CARRIED. 2. MINUTES Motioned by Hayden,seconded by Huggins to approve the March 9,2021 Planning Commission meeting minutes.Ayes.Buhrmann, Hayden,Huggins, and Zagorski.Nays:None.Absent.Anderson.MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public Hearing to Consider a Request from Fehn Companies for: ■ Zoning Map Amendment Changing the Zoning from I-2 General Industrial District to PUD/I-2 Planned Unit Development/ General Industrial District Brixius presented the request from Fehn Companies for a Zoning Map Amendment changing the zoning from I-2 General Industrial District to PUD/I-2 Planned Unit Development/ General Industrial District. Looking at the project from a tax increment and financing perspective and found that have the lot include both buildings on one lot and overlap the single-family home, it would become a redevelopment tax increment district and would be to our advantage as far as the amount of tax increment we could capture and make the project more practical and feasible. Therefore, the following items need to be approved in order to proceed: 1. A rezoning from I-2 to PUD/I-2. This change in zoning is needed to allow two principle buildings on one lot and to tie the outdoor storage area to Fehn Companies to avoid having the stockpiles and outdoor storage CUP lot being sold to a different company for continued use without a principle building. 2.Revised Final Plat. Brixius stated that staff recommends approval of the PUD zoning district with the following conditions: 1. Within this PUD district the allowed uses shall be the same as the I-2 General Industrial District. The uses and performance standards of the I-2 District shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. 2. Within the PUD district the City approves two principle buildings on Lot 1 Block 1 of Fehn Industrial Park Addition. 3. All site development, operations and uses on Lots 1 and 2 Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of approval outlined in the Council resolution 2021-009. 4. The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 1 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution 2021-009. Within the PUD zoning district conditional use permit for outdoor storage on Lot 2 Block 1, Fehn Industrial Park shall expire if this lot is sold or subdivided. S. The terms of the PUD district shall be outlined in a PUD agreement and recorded with the property. Brixius stated that staff recommends approval for the change of zoning and final plat with the following conditions (these provisions shall be documented in the PUD agreement and recorded with the property): 1. Within this PUD district the allowed uses shall be the same as allowed in the I-2 General Industrial District. The uses and performance standards of the I-2 district shall guide any future subdivision or reuse of the Lots 1 and 2, Block 1 Fehn Industrial Park Addition. 2. Within the PUD district the City approves two principal buildings on Lot 1 Block 1 of Fehn Industrial Park Addition. Planning Commission Meeting Minutes 2 Regular Meeting of April 13,2021 3. All site development, operations and uses on Lots 1 and 2 Block 1 Fehn Industrial Park Addition shall be consistent with the plans and conditions of approval outlined in Council resolution 2021-009. 4. The outdoor storage CUP on Lot 2, Block 1 Fehn Industrial Park Addition shall be accessory to the uses on Lot 1, Block 2 and shall be designed and operated consistent with the plans and conditions identified in Council Resolution 2021-009. Within the PUD zoning district conditional use permit for outdoor storage on Lot 2 Block 1, Fehn Industrial Park shall expire if this lot is sold, subdivided or if there is a change of use in Lot 1, Block 1 Fehn Industrial Park. S. The terms of the PUD district shall be outlined in a PUD agreement and recorded with the property. The revised Final Plat for Fehn Industrial Park is recommended for approval with the following conditions: 1. All conditions of plat approval outlined in the City Council Resolution 2021-009 shall be addressed and approved by the City Engineer. 2. The applicant shall enter into a development/PUD agreement with the City. Said agreement shall be recorded with the final plat. Motioned by Hayden,seconded by Huggins to open the Public Hearing. Ayes:Buhrmann, Hayden, Huggins, and Zagorski.Nays:None.Absent: Anderson. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Buhrmann, seconded by Huggins to close the Public Hearing. Ayes:Buhrmann, Hayden,Huggins, and Zagorski.Nays:None.Absent: Anderson. MOTION DECLARED CARRIED. Motioned by Buhrmann, seconded by Hayden to approve the request from Fehns Company the zoning from I-2 General Industrial District to PUD/1-2 Planned Unit Development with the conditions listed in the planner's report dated April 8,2021.Ayes:Buhrmann, Hayden, Huggins, and Zagorski.Nays:None.Absent: Anderson. MOTION DECLARED CARRIED. Motioned by Huggins,seconded by Hayden to approve the request from Fehns Company for the revised Final Plat for Fehn Industrial Park with the conditions listed in the planner's report dated April 8,2021.Ayes:Buhrmann,Hayden, Huggins, and Zagorski. Nays:None.Absent:Anderson. MOTION DECLARED CARRIED. Planning Commission Meeting Minutes 3 Regular Meeting of April 13,2021 4. OTHER BUSINESS A. Land Use Discussion - Select Areas ■ Lots North of the Outlet Mall ■ East Outlet Mall Site ■ Mackenzie Avenue Area Brixius asked Commissioners to have a land use discussion on a few properties in Albertville. The first discussion is on the lots north of the Outlet Mall. Brixius spoke about the original condition of the lots north of the mall and that it is currently zoned commercial. Commissioners believe that an Industrial use is an appropriate zoning for these lots, instead of having the current zoning of commercial. The second discussion is on the east side of the Outlet Mall. Brixius informed Commissioners about the current condition of the east side of the Outlet Mall and that they are looking to sell and wondering what the Commissioners thoughts or ideas are for this area. Commissioners discussed this lot being entertainment, owner occupied town homes, or multi-family that is high-end, or a Hy-Vee/Whole Foods store. Huggins brought up the possibility about doing a lake walk around on School Lake that would connect to sidewalks or bike trails. The third discussion is Mackenzie Avenue and Brixius stated that it is currently a B-3 Zoning District. Hayden believes that the future stop light that needs to go on that intersection when the property develops is a deterrent to any developers because they do not want to take on those costs. Sheila Zachman,with Commercial Realty Solutions, proposed an office/warehouse type place, and a building with an overhead door. Zachman stated that there is nothing like that in the Albertville/St. Michael area. Hayden proposed some commercial use by the cemetery because of the visibility and people driving by. The last discussion is the Psyk property off of Labeaux Avenue. Brixius informed Commissioners of the current plan with the Psyk property and that the road north of the property (LaCentre Ave) would come through the parcel and have the west side be zoned commercial and the east side be zoned as R-1 single family. The conflict is that what is being proposed is a medium density town home development. Brixius and the Commissioners discussed the other Psyk property off of 50th street and the concept plan that came in for the rental development. The proposed commercial area is currently at 185 feet from Labeaux to LaCentre and Brixius stated that they are looking to increase the lot size for the commercial section to make those lots a bit more to make it more practical. Brixius stated that there are no applications or concept plans submitted right now for this lot, and informed Commissioners that he would like to have an idea of what they are looking for once plans are submitted or people start inquiring about this lot. Planning Commission Meeting Minutes 4 Regular Meeting of April 13,2021 5. ADJOURNMENT Motioned by Huggins,seconded by Buhrmann to adjourn the meeting at 8:1 1 p.m.Ayes:Buhrmann,Hayden,Huggins, and ZagorskL Nays:None.Absent: Anderson. MOTIONDECLARED CARRIED. Respectfully submitted, Maeghan M. Becker, Building Permit Technician Planning Commission Meeting Minutes 5 Regular Meeting of April 13,2021 11 NORTHWEST ASSOCIATED CONSULTANTS, INC . 53 514150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 554 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: June 1 , 2021 RE: Albertville - The Preserve at Albertville - PUD Rezoning & Preliminary Plat NAC FILE NO: 163.06 - 21.03 BACKGROUND In October of 2021, the Planning Commission and City Council reviewed a conceptual development plan submitted by Tom Gonyea and Watermark Properties which called for the creation of 70 lot, single family residential subdivision upon a 39-acre site located north of 50t" Street NE and west of Main Avenue. The lots illustrated on the concept plan measured approximately 6,000 square feet in area and 50 feet in width. Such lot dimensions vary significantly from the minimum 12,500 square foot lot area and 90-foot lot width requirements imposed in the applicable, R-1, Residential Single Family zoning district. In consideration of the concept plan, the Planning Commission and City Council expressed general support for the concept with some conditions. The City Council specifically voiced support for the following development features which would represent flexibilities from the strict provisions of the City's Zoning and Subdivision Ordinances: • The Single family lots and homes will be rental properties under the ownership and management of one company. • A maximum of 70 lots upon the site (accommodated via smaller lot sizes and narrower lot widths). • Minimum lot areas of 6,000 square feet. • Minimum lot widths of 50 feet. • Front yard setbacks of 25 feet 6 • A private street At this time, the applicants (Integrate Properties, LLC), have requested approval of the following: 1. Rezoning of the subject property from zoned R-1, Single Family Residential to PUD, Planned Unit Development (to accommodate various design flexibilities). 2. Preliminary Plat (The Preserve at Albertville) Attached for reference: Exhibit A: Applicant Narrative Exhibit B: Existing Conditions Exhibit C: Preliminary Plat Exhibit D: Site, Lighting and Signage Plan Exhibit E: Grading and Drainage Plan Exhibit F: Erosion and Sediment Control Plan Exhibit G: Sanitary Sewer and Water main Plan Exhibit H: Storm Sewer Plan Exhibit I: Landscape and Tree Replacement Plan Exhibit J: Wetland Mitigation Plan Exhibit K: Home Design Examples Exhibit L: Draft PAA/PUD Zoning Amendment ISSUES AND ANALYSIS Rezoning The applicants have requested a rezoning of the site from R-1, Residential Single Family to PUD, Planned Unit Development District as a means to accommodate a number of Ordinance flexibilities not available in the current R-1 zoning district. Through the PUD zoning, the City will define the various performance standards unique to the subject property. In considering any change of zoning, the following criteria, as provided in Section 300.1.F of the Zoning Ordinance, are applicable: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comment: The Albertville Visioning Study has designated the subject site for low density residential use with a density range of 1-4 units an acre. The proposed development includes 70 units on approximately 19 acres of developable land 7 which results in a density of 3.27 units per acres. Such density is within the City's low density residential range and is consistent with the vision conveyed in the City's the Comprehensive Plan. In review of the Comprehensive Plan, the following goals and policies are considered relevant to the proposed development project: Goals: • Provide a variety of housing options to meet the life cycle needs of Albertville residents. • Manage growth that provides quality development and does not fiscally burden the community. Policies: • Adhere to the highest community design and construction standards for new construction and redevelopment projects. • Accompany medium and high-density development with adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. • Infill development of existing platted residential lots with homes that share the same quality and value of adjoining homes. • The City will be patient with the development of the remaining larger undeveloped tracts of residentially zoned land. With a limited supply of residential zoned land, the City can wait for a preferred development. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The subject site is isolated from surrounding uses via a wetland complex to the north and west, existing development to the east and limited property access to the south (along 50t" Street). In this regard, it is not anticipated that the proposed land use will negatively impact surrounding uses. Zoning Use North R-1, Residential Single Family Single-Family East R-1, Residential Single Family Single-Family and Church and P/I, Public/Institutional West R-1, Residential Single Family Vacant, Single-Family and and P/I, Public/Institutional Water Plant 8 South P/I, Public/Institutional County Road 18 and Middle School 3. The proposed use conforms with all performance standards contained herein. Comment: Via the PUD, specific performance standards will be established which apply specifically to the proposed subdivision. As part of PUD concept plan review, it was recommended that the following performance standards apply to the proposed subdivision: 1. All lots shall be a minimum width of 50 feet in width and 120 feet in depth. 2. All lots shall have a minimum of 6,000 square feet in buildable lot area exclusive of wetlands, wetland buffer yards and storm water pond. 3. All lots shall have a minimum of 25 feet of usable rear yard. 4. All buildings, patios, decks shall meet the required building setbacks of the PUD District. 5. The following shall items be prohibited within the PUD zoning district exclusive to this subdivision: a. Detached accessory buildings. b. Outdoor storage as regulated by Section 1000.15.A of the Albertville Zoning Ordinance. C. Fences. 6. All homes shall be designed to meet the City's design standards for single- family homes (garage size increased to minimum 480 square feet). 7. Curb cuts shall not exceed 16 feet in width as measured at the street curb line. 8. The sale of individual lots within the subdivision shall be prohibited unless the Developer establishes a CIC Common Interest Community with rules and maintenance requirements which will be applied to each lot, the private street and the common areas of the plat. A change to allow individual lot ownership shall be subject to PUD amendment being processed (to ensure that issues related to outdoor storage, accessory structures, street maintenance, etc. are addressed to the satisfaction of the City. The CIC rules and bylaws shall be subject to the review and approval of the City Attorney prior to recording the CIC. 9 9. The applicant shall enter into a PUD development agreement which outlines the conditions of development approval and the PUD district zoning standards subject to the City Attorney's review and approval. A determination of compliance with many of the preceding standards (as may be applicable) will be addressed in the preliminary plat review section of this report. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The single-family use and related density proposed upon the subject property is consistent with the City's Comprehensive Plan. In this regard, the proposed use is considered compatible with surrounding uses and is not anticipated to depreciate area property values. Further, the PUD zoning will allow the City to impose various conditions to address potential adverse impacts. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: The subject site has access to public utilities. In this regard, the proposed single family residential use will not overburden City utilities or services. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: The subject site will receive sole access via 50t" Street (County Road 18). Such street is designated as a "major collector" street within the Wright County Transportation Plan. A traffic study is being conducted to identify the potential traffic impacts that this subdivision will have on adjacent streets and any needed street improvements required to mitigate traffic issues. The development will be responsible to any required on or off-site street improvements needed to accommodate this development. Preliminary Plat Access. The subject site is accessed via a single point along 50t" Street NE (County Road 18). Such access point aligns with an existing access to the middle school to the south and is considered generally acceptable from a location standpoint. As a County road, the acceptability of the proposed access location and the need for related roadway improvements (turn lanes) shall be subject to review and approval by Wright County. Applicant shall be responsible for all required improvements of 50tn Street related to providing automobile and pedestrian access and egress for this subdivision. 10 The City's Subdivision Ordinance stipulates that plats with more than 50 units on minor collector streets shall be required to provide a second street access into/out of the subdivision. Preserve at Albertville will have 70 single family lots, thus, a second access point is technically required within the proposed subdivision. Staff review of the subdivision reveals that the adjoining land uses and surrounding wetlands make the provision of a second access difficult. The City has required a traffic study to determine projected traffic volumes and traffic distribution generated by the plat. The traffic study will also identify any needed street design requirements need to make traffic flow efficient and effective. Street design and required improvement will be subject to the recommendations of the traffic study. Streets. The preliminary plat illustrates a 60-foot-wide right-of-way dedication from the centerline of 50th Street. The needed street right-of-way dedication shall be dictated by Wright County with their review of the plat. . The lots within the subdivision are to be served by a private, internal loop street located within a 50-foot wide outlot. The plat must be revised to label the private street as an outlot. Within the outlot, a 28-foot-wide street (curb to curb width) is proposed. With the concept plan review the private street was seen as desirable to take the city out of street repair and snow plowing within this neighborhood. To insure long term private ownership, maintenance, repair and replacement of the street; the PUD agreement will tie ownership of the street to the applicant /ownership. If the lots are to be individually sold in the future the PUD agreement will require the creation of the CIC subdivision that will require common private ownership of the street and other common areas (club house, pool, play area, ponding, etc.) The proposed street will be required to be constructed to City construction standards. The plat traffic study will identify design elements for the plat access via 50t" Street. The street design is subject to the review and approval of the City Engineer. Recognized the proposed lot widths within the subdivision (50 feet) coupled with 28- foot-wide streets will likely limit on-street parking opportunities and snow storage areas; City Staff is recommending the within this PUD zoning district, curb cuts will be limited to a maximum width of 16 feet. This will provide separation between curb cuts to afford boulevard area for snow storage and spaces for some on-street parking. Blocks. According to Section 11-74A of the Subdivision Ordinance, blocks in residential subdivisions should not exceed 1,200 feet in length except when existing physical feature specific to the property (topography, wetlands)justify departure from the maximum block length. Proposed Block 1 within the subdivision measures approximately 2,900 feet in length which significantly exceeds the maximum block length requirement of the Ordinance. 11 Considering the large wetland surrounding the parcel to the north and west and the land uses to the east block length and design are warranted. Lot Area. Consistent with the recommendation of the Planning Commission (and via the PUD Concept Plan review), minimum lot sizes of 6,000 square feet have been recommended within the subdivision. In review of the preliminary plat, the following lots do not meet such minimum lot size requirement: Lot 15, Block 1 — 5,997 square feet Lot 24, Block 1 — 5,988 square feet Lot 25, Block 1 — 5,997 square feet Lot 33, Block 1 — 5,674 square feet Lot 34, Block 1 — 5,838 square feet As a condition of preliminary plat approval, the preceding lots must be reconfigured to all meet or exceed the minimum 6,000 square foot area requirement. Lot Widths and Depths. Also, via the PUD, minimum lot widths of 50 feet and lot depths of 120 feet are recommended within the subdivision. All lots, measured at the 25-foot front yard setback have been found to meet or exceed to minimum 50-foot lot width requirement. All lots have also been found to meet or exceed 120 feet in depth. Appropriately, additional lot depths have been provided for lots which abut 50t" Street, a designated collector street. Such lot depths are a direct response to a Subdivision Ordinance requirement which states that lots which back onto major collector streets must provide additional lot depth to accommodate a landscaped buffer yard (to screen rear yards from collector street traffic). Setbacks. Via the PUD, it is recommended that the following minimum building setbacks apply to principal structures within the proposed subdivision: Front Yard: 25 feet Side Yard (garage side): 5 feet Side Yard (house side): 5 feet Side Yard (along street): 20 feet Rear Yard (primary): 25 feet Rear Yard (along 50t" Street): 50 feet Building Separation: 10 feet Building pads illustrated on the preliminary plat site plan drawing (Exhibit D) demonstrate an ability to meet the aforementioned setback requirements. Due to the 12 size of the lots these setbacks shall also apply to decks and patios. The applicant has provided floor plans showing 12' x 12' patio meeting the aforementioned setbacks. Outlots. A total of six outlots are illustrated on the preliminary plat. Outlot A in the center of the Block 2 will contain storm water ponding. Outlot B covers the wetland that surrounds the subdivision on the north and west. Outlots C and D, locate on the west edge of the plat are intend to be sold to the water treatment facility for future expansion of this utility. Outlot E and F, are lot remnants. Staff recommends that these outlots be combined with Outlot B or be added to the adjoining lots. The applicant will be platting another outlot in the extreme northwest corner of the plat with sufficient land area for a single family lot meeting the R-1 zoning along 53rd Street. The plat shall also be revised to label the private street an outlot. Drainage and utility easements shall be dedicated on the private Street outlot. Drainage and utility easement shall be placed over Outlots A and B. These outlots shall be dedicated to the City in fee title. Sidewalks. The submitted preliminary plat plan set does not illustrate any sidewalks. Recognizing that a common, recreational destination exists within the subdivision, it is recommended that 5-foot-wide sidewalks be provided in the following areas: 1. Around the perimeter of proposed Block 2 (to provide a pedestrian access route to the centrally located clubhouse/pool area). 2. On the east side of Lot 1, Block 1 (to connect the subdivision to a possible future 50t" street trail/sidewalk and provide a continuous pedestrian route to the middle school to the south). 3. A pedestrian crossing over 50t" Street, connecting the subdivision to the Middle School shall be design and installed. The location and design of any crosswalk shall be reviewed and approved by the County. Park Dedication. As shown on the submitted site plan, a clubhouse and swimming pool are proposed within Lot 21, Block 2. Recognizing that all lots within the subdivision are to be under private ownership (including the clubhouse/swimming pool parcel), it is assumed the clubhouse/pool area will be private in nature and not available to the general public. The City does not provide park dedication credits for private recreational facilities. As a result, the applicant will be required to pay a cash fee in lieu of a land dedication to satisfy the City's park dedication requirements. Park dedication fees are to be paid at the time of final plat processing. 13 Clubhouse/Pool Area. As indicated on the submitted plan set, a clubhouse and pool area is proposed within Lot 21, Block 2. As a condition of PUD zoning approval, detailed plans of such features must be provided subject to City approval prior to any development of this lot. Landscaping. A landscape plan has been submitted for review (attached as Exhibit 1). The plan calls for a total of 71 over story trees which correspond to one tree per lot. Specific tree varieties include Common Hackberry, Skyline Honey locust, Kentucky Coffee tree, Patriot Elm, Autumn Blaze Red Maple, and Norther Red Oak. In review of the landscape plan, the following landscape plan revisions are required 1. Subdivisions abutting a major collector street or arterial street shall provide a twenty foot landscaped buffer yard to screen the rear yards of the single family homes from the street. The landscape plan does not illustrate the required buffer yard. The landscape plan shall be revised to provide a buffer yard along the entire south edge of Block 1 meeting the following standards. The buffer yard design must be coordinated with the site grading to insure an effective screen. The revised landscape plan showing the buffer yard details must be submitted and approved prior to final plat or site grading. Design Standards: All plantings within designated buffer yards shall adhere to the following: a. Fencing and screening shall be consistent with Section 1000.7 of Albertville zoning code. b. Plant material centers shall not be located closer than three feet (3) from the fence line or property line. c. Landscape screening shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the city council. d. Where massing of plants or screening is intended, plant spacing shall be specific to the species chosen to provide screening to a height of six feet (6') in compliance with this section. The "American Standard For Nursery Stock" published by the American Association Of Nurserymen shall be used as the reference for spacing guidelines as needed. e. Landscape materials, sizes, and spacing shall be consistent with Section 1000.7 of the Albertville zoning code. 2. Detailed site, building plans for the clubhouse/pool area shall include a landscape plan which will be subject to City review and approval. 14 Wetlands. As shown on the preliminary plat drawing, approximately one-half of the subject site is devoted to a wetland. Such wetland isolates the development site from the properties to the north and west and influences the site design. Appropriately, both the wetland and wetland buffers are located within outlots and dedicated to the City (to a avoid disruption of these protected areas). Issues related to wetlands will be subject to comment and recommendation by the City Engineer. The applicant shall design wetland buffer demarcation posts to be installed at the rear lot lines of Block 1 defining the boundary between the lots and the wetland buffer. The design and the proposed locations of the wetland buffer demarcation posts shall be submitted to the City for approval. Grading, Drainage and Utilities. Issues related to grading, drainage and utilities should be subject to review and approval by the City Engineer. Water service lines to the individual houses shall be located outside of the driveways. As part of such review, a specific determination should be made that easements are appropriately depicted on the preliminary plat drawing. Home Design. As part of the PUD rezoning/preliminary plat submission, the applicant has provided conceptual home design examples of single-level and two-level homes, both of which measure 35 feet in width. According to the applicant, the single level homes will measure likely measure 60 feet in depth and the two-level plans will measure 50 to 55 feet in depth. The following is a summary of the provided home design examples (attached as Exhibit K): Total Floor Bedrooms Garage Area Area* Single-Level Option A 1,250 s.f. 2 418 s.f. Option B 1,515 s.f. 2 442 s.f. Two-Level Option A 1,700 s.f. 4 410 s.f. Option B 2,000 s.f. 4 440 s.f. Option C 2,200 s.f. 4 430 s.f. *Approximate In review of the provided home design examples, the following comments are offered: 1. Each of the provided design examples meets the City's minimum floor area requirement for single family homes. 15 2. Two design alternative floor plans have been provided for the single-level homes along with three front elevation alternatives. Three alternative floor plans have been provided for the two-level homes with two front elevation alternatives. 3. Exterior finish materials have not been specified. As a condition of PUD/preliminary plat approval, applicant shall provide information on the intended house exterior materials for City review and approval prior to final plat. 4. None of the design examples include basements. This raises some concerns related to interior building storage and storm protection. The applicant shall either design a storm shelter into the Clubhouse of a size to meet the needs of the neighborhood or they may design a storm room into the homes that are constructed without a basement. 5. Section 1000.4.B.2.a of the Albertville Zoning District requires a minimum garage size for a single-family home to be 530 sq. ft. (24' x 22'). None of the provided home design examples meet this minimum garage size requirement. The minimum garage size requirement is intended to ensure that ample storage will exist for vehicles, trash containers, recreational equipment, and other ancillary household items typical in a single-family home. In discussions with the applicant, staff is recommending PUD flexibility allowing minimum garage size of 480 sq. ft. the PUD district. This flexibility recognizes the recommended PUD district prohibitions outlined in this report. 6. The design examples illustrate outdoor decks and/or patios. The floor plans illustrate a 12' x12' patio for the house models that will meet the building setbacks. Accessory Outdoor Storage and Structures. Historically, the City has encountered problems enforcing its outside storage regulations on residential lots. The proposed smaller lot sizes present concerns for outside storage in that they do not provide area and/or locations to meet the City's outdoor storage requirements. This is less of a problem as rental properties and controlled under single ownership and management and restrictions in the lease agreements. However, if the lots are sold and become individually owned, similar issues/concerns are anticipated. Potential individual ownership also raises concerns related to detached accessory structures and fencing. Within the PUD zoning district, the City has the ability to establish performance standards specific to a neighborhood. The PUD District will allow for proposed smaller lots and reduced setbacks. In exchange for these design flexibilities, staff is recommending a prohibition of outdoor storage, detached accessory buildings, and fences within the Preserve at Albertville subdivision to be imposed as part of the PUD district. 16 These prohibitions shall be included in the Preserve at Albertville lease contracts. If in the future the lots are sold individually the City will require that a Common Interest Community CIC be established prior to any lot sales. The CIC shall include the aforementioned prohibitions in their sale information and the rules and bylaws to make future residents aware of these rules and to assist in enforcing the subdivision rules related to the prohibition of outdoor storage, detached accessory buildings and fences. Storm Protection. All homes within the subdivision are to be slab-on-grade. With this in mind, the lack of basements presents a concern related to storm protection. As a condition of PUD/subdivision approval the applicant should address this issue to the satisfaction of the City. The options can include a single neighborhood storm shelter in the clubhouse or storm rooms constructed to FEMA design standards within each house. Development Agreement. As a condition of final plat approval, the applicants will be required to enter into a development agreement with the City and post all the necessary securities required by it. This issue should be subject to further comment by the City Attorney. RECOMMENDATION Based on the preceding review, the following is recommended: A. Approval of the rezoning of the subject site from R-1, Residential Single Family to PUD, Planned Unit Development district subject to the following conditions: 1. All lots shall be a minimum width of 50 feet in width and 120 feet in depth. 2. All lots shall have a minimum of 6,000 square feet in buildable lot area exclusive of wetlands, wetland buffer yards and storm water ponds. 3. All homes within the subdivision shall be subject to the following minimum setback requirements: Front Yard: 25 feet Side Yard (garage side): 5 feet Side Yard (house side): 5 feet Side Yard (along street): 20 feet Rear Yard (primary): 25 feet Rear Yard (along 50t" Street): 50 feet Building Separation: 10 feet 4. All lots shall have a minimum of 25 feet of usable rear yard. 17 5. All buildings, patios, decks shall meet the required building setbacks of the PUD District. 6. The following shall be prohibited within the subdivision: a. Detached accessory buildings. b. Outdoor storage as regulated by Section 1000.15.A of the Albertville Zoning Ordinance. C. Fences. 7. Curb cuts shall not exceed 16 feet in width as measured at the street curb line. 8. The home design shall be limited to the model submitted as part of this PUD application with the following information to be provided and approved by the City. • Intended home finish materials shall be specified. • Minimum garage size shall 480 sq. ft. • The applicant shall address storm protection concerns (related to homes without basements) to the satisfaction of the City. 9. Detailed plans of the clubhouse are pool area shall be submitted subject to review and approval by the City prior to any construction on Lot 21 Block 2 of the Preserve at Albertville. 10. The sale of individual lots within the subdivision shall be prohibited unless the Developer establishes a Common Interest Community CIC with rules and maintenance requirements which will be applied to each lot, the private street and the common areas of the plat. The CIC and all rules, bylaws and recording documents shall be subject to the review and approval of the City Attorney prior to their recording. A change to allow individual lot ownership shall be subject to PUD amendment processing (to ensure that issues related to outdoor storage, accessory structures etc. are addressed to the satisfaction of the City. 11. The applicant shall enter into a PUD development agreement with the City which outlines the conditions of development approval. 12. The applicant shall address storm protection concerns (related to homes without basements) to the satisfaction of the City. 13. Comments of other City Staff. B. Approval of the preliminary plat (The Preserve at Albertville) subject to the following conditions: 18 1. The City approves the rezoning of the subject site from R-1, Residential Single Family to PUD, Planned Unit Development district and all terms of PUD approval are satisfied. 2. Subject to the plat and access review comments and recommendations of Wright County. 3. Applicant shall be responsible for any and all improvements to 50t" Street required by the County or City. 4. Street improvement recommendation of the traffic study shall be implemented with this subdivision. 5. The private roadway shall be platted as an outlot and overlaid with drainage and utility easements. The street pavement width, street design and construction details shall meet city standards and shall be subject to review and approval by the City Engineer. 6. The following lots shall be increased to 6,000 square feet in size. It is understood that such modification may result in the loss of a lot or lots. Lot 15, Block 1 — 5,997 square feet Lot 24, Block 1 — 5,988 square feet Lot 25, Block 1 — 5,997 square feet Lot 33, Block 1 — 5,674 square feet Lot 34, Block 1 — 5,838 square feet 7. Outlots E and F shall be combined with Outlot B to form a single outlot which overlays the wetland. 8. Outlot C and D shall be sold to the Water Treatment Site. 9. Applicant shall revise the plat to provide an new outlot along 53rd Street for the creation of a new single family R-1 lot. 10. Outlots A and revised Outlot B shall be conveyed to the City in fee title. 11. The plat shall be revised to label the private street as an outlot. 12. Sidewalks measuring 5 feet in width shall be provided in the following areas: a) Around the perimeter of proposed Block 2 (to provide a pedestrian access route to the centrally located clubhouse/pool area). 19 b) On the east side of Lot 1, Block 1(to connect the subdivision to a possible future 50t" street trail/sidewalk and provide a continuous pedestrian route to the middle school to the south). c) A pedestrian crossing over 50t" Street, connecting the subdivision to the Middle School shall be designed and installed. The location and design of any crosswalk shall be reviewed and approved by the County 13. The applicant shall pay a cash fee in lieu of a land dedication to satisfy the City's park dedication requirements. Park dedication fees shall be paid at the time of final plat processing. 14. A revised landscape plan shall be submitted for City approval that includes the following information: a) A landscaped buffer yard shall be provided in the rear yards of lots which abut 50t" Street. Such buffer strip may consist of plantings, berms, uniform fencing or a combination thereof meeting the design standards of Section 1000.7 of the Albertville Zoning code. The landscape plan shall be revised to show the proposed planting and design for approval by the City. The buffer yard landscaping shall be installed with the completion of subdivision grading and prior to issuance of any building permits for Lots 1-8 and 47- 50, Block 1. b) Detailed plans of the clubhouse/pool area shall include a landscape plan which shall be subject to City review and approval. 15. Issues related to wetlands will be subject to comment and recommendations of the City Engineer. Applicant shall design, locate and install wetland buffer demarcation posts that delineate the boundary between the lot lines and wetland buffers. Said demarcation design and locations shall be submitted to the City for approval prior to installation. 16. Issues related to grading, drainage and utilities shall be subject to review and approval by the City Engineer. As part of such review, a specific determination shall be made that easements are appropriately depicted on the preliminary plat drawing. 17. Water service lines to individual houses shall be located outside of the driveway. 18. As a condition of final plat approval, the applicants will be required to enter into a development agreement with the City and post all the necessary securities for plat development. 19. Comments of other City Staff. 20 cc. Maeghan Becker, Administrative Assistant Mike Couri, City Attorney Ian Peterson, Integrate Properties, LLC Tom Gonyea Kris Luedke 21 9n[Trafe 'P o " , t'YC May 26, 2021 Mr. Al Brixius City Planner 5959 Main Avenue NF Albertville,MN 55301 Ede: Preserve Al Albertville-PUD! Prelimiriaiy Plat Follow Up Letter Dear Mr. l3rimus, Integrate Properties, LLC is excited to subedit our Pfa ned Unit Developrmnt and Preliminary Plat Application for The Preserve At.Albertville. [was fornerly with Watermark Equity Group,LLC daring our Concel+t Plan subinittat late fall 2020 and have sine left Watermark and started Integrate Properties, I.LC_ The Preserve At Albertville will be a 70 lot single family community of for rent homes plus a Clubhouse, as we discussed in the Concept Plan stage. As requested a brief background an my personal history; .As Director of Operations for Watermark I was responsible for the acquisition, entitlernent, and development of the lard, home design and operations of the company. With great success here in (lie Twin Cities (and across the country in Denver, Dallas/Ft. Worth, Nashville, and Houston) with Watermark we completed Mills Creek in Maple Grove, developed Bacon Ridge in Plymouth, Canvas at Woodbury and Canvas At Inver Grove Heights, The Presme At Albertville will have llte same attention to detail in the design of the community layout, architeciare and amenities, Prior to Watermark I invested five years in starting and running a home building company for David Weekley Horses as the Division Pi-esider:t and created a Top Ten Builder in the Twin Cities with over$50M in annual revenue. And prier to David Weekley Homes I was with Pulte Homes (Centex Domes prior to the acquisition) as their Vice President of Land responsible for land acquisition, entitlements and do-elopment here in the Twin Cities and as the Central Region Vice President. I am happy to discuss in further detail my history and capabilities of land development, hoarse design.; and operations. Aaached are a few concept plans we are working an for the dc5ig;n of the horses at The Preserve At Albertville. e are working with our building partner Robert Thomas Romes as well as 13SR Design to ensure we are designing the state of the art home for todays consumer along wltli design efficiencies as it relates to c:enSL7UCtabi1ity. The homes will all be 35-feet wide with a maximum depth of 60-feet. The one level plan(s) will most likely be 60-feet deep and the two level plans will be 50- to 55-feet cl=-p; however,all of the building pads are designed to accommodate the targest home to allow flexibility in the placement of the hornes. ]I would like to propose that the final design of the homes be a condition of the Final Plat by Staff and City Council as there were discussions during the Concept Plan stage regarding a desired minimum SFT for the garage space hicli we would like to be worked out during the Preliminary Plat in ordcT ttt move forward with Ilic final design of the homes. ln(cg-ate Properties is excited to present The Preserve At Albertville. Please let me know if you need any further information. 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The City Council of Albertville amends the Albertville Code creating Chapter 3350 PA.AJPUD District"Preserve at Albertville DT-wiot" to read as follows. Chapter 3350 PAAIPUD PRESERVE AT ALBERTVILLE PLANNED UNIT DEVELOPMENT DISTRICT 3350.1: PIUIIPOSE: The purpose of the FAAj?UD district is to provide for single-family detached residential dwelling units and directly related complemeTitary uses per approved PUD development plans and plat dated 03/18/2021 as amended per City approval Resolution No. 3350.2: PERMITTED USES: The following are permitted uses in a PAA/PUD district: Single.-family detached dwelling units Neighbonccod common ownership clubhouse, pool, Private Park l playground/recreation facilities 3350.3: ACCESSORY USES: None 3350.4: CONDITIONAL USES: None 3350.5: INTERIM USES: None EXHIBIT L 46 3350.6. PROHIBITED RISES. Detached accessory buildings. Fences except fences as part.of the buffer yard along 5 0'1' Street. Outdoor storage as addressed in Section 1000. 15 3350.7: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed iti the PAA/PUD district, subject to additional requirements, exceptions and modifications set forth in this ordinance. A. Lot area: Six thousand (6000) square feet. B. Lot width: 1. Interior: Fifty feet(501). 2. Comer: Sixty-five feet (65'). C. Setbacks: All single family homes shall be located and oriented to the street in accordance with the approved Preserve at Albertville PUD Site plan dated 05/1812021 and meet The following setbacks. 1. Front yard: Not less than twenty-five feet (25). 2. Side yard: a. Interior lots: Not less than five feet(5') each. b. Comer lot:Riot less than twenty feet (20') on the side yard abutting a street. 3. Rear yard: a. Interior lots: Twenty five feet (25'). h- Lots abutting 50 Lh Street: Fifty feet (50') 4. Patios and decks shall meet the minimum building setbacks. 3350.8: MAXIMUM BUILDING HEIGHT: Thirty five feet(35). 3350.9: MAXIMU'M 1,0T COVERAGE: No structure or combination of structuras or hard cover shall occupy more than fifty-fivc. percent(55%) of the lot area. 3350-10 HOUSE DESIGN: The houses within the PAA/PUD District shall be limited to the niodels submitted and approved as part of the Preserve at Albertville PUL) Development and Final Stage. Section 2. The City Council of Albertville hereby amends the Albertville Zoning Map changing the zorii ng designation of the land legally described as follows from R-I Single F arni I y residential district to "PAA[PUD Preserve at Albertville Planned Unit Development district". 47 Legal Description See attached. THIS AMENDMENT S14ALL ILL IN FULL FORCE AND EFFECTIVE IMML.UYATE1,Y FOLLOW NG ITS PASSAGE AND PUBLICA`CION. Approved by the Albert-rifle City Council this 21 st day of June, 2021. Jillian Hendrickson, Mayor Kris Luedke!, City Clerk 48 LEGAL DESCRIPPON The East 171}2 acres of Ih4 3outhwest Quarter cf the Southwest Quarter and the East Half of the Southwest Quarter lying south of Psyk-3 Fourth Addition, Psyks Second Addition and Psyk's Adcltian, according to the recorded plats thereof,all in Section 1, Township 120, Rage 24, Wright County, Minnesota, Except the following 11 describcd tracts of land. Psyk Third Addition, according to the recorded plat lh®reof. Psyks Fourth Addition, according to the recorded Pint thereof. Psyks l=ifHt Addition,according to tha recorded plat thereof. Psyks Sixth Addit on, according to the recorded plat thereof_ Psyks Seventh Addlildn,according to the recorded plat thereof. Qom nencing at a polnt on the east line of the Southwest Quarter distant 70 reds and 41 j2 f$Qt south of the northeast corner of said Southwest Quarter;thence west at right angles 12 rods;thsnoe South at right ahgies 10 rods; thence east at right angles 12 nods; thence north at right angles to the point of beginning. The South 323 feet of the East 483.59 feet of the Southeast Quarter of the Southwest Quarter. The West 150 feet of the South 533 feet of the East 17 1f2 acres of the Southwest Quarter of the Southwest Quarter, The East 200,00 feet of the Was1350M feat of the South 533.00 feat of the East 17112 acres of the Southwest Quarter of the Southwest Quarter of Section 1,Towrn,hip 120, mange 24,Wright County, Minnesota. That part of the Southwest Quarter of Section 1, Township 120, Flange 24,Wright County, Minnesota, described as follows; Beginning at the northwest corner of Lot 2, Do&2, PsVk Third,Addition,according to tho plat thereof on file and o record In the office of the County Recorder,Wright County, Mlnnosola;thence N 89 degrees 39 minutes 11 Seconds W, plat bearing, along the westerly extension of the north Ilne of said Lot 2, Blank 2, a distanca of 45.50 foot; thence South 0 degrees 20 minutes 49 seconds VV along a line parallel with the west 11ne of said Lot 2, Block 2, a distar-ce of 143.06 feet to a paint on the westerly extension of the south line of Bald Lot 2, Black 2;thence South 89 degrees 01 minutes 18 seconds E along said westerly+extension,a d1stanca of 45,50 feet to the southwest Corner of said Lot 2, Block 2;thence Notth 0 degrees 20 minutes 49 seconds E along the west line of sald Lot 2, Block 2, a distance of 14&56 feet to the paint of beglnning. That part of the Southwest Quarter of Section 1,Township 120, Mange 24,Wright County, Minnesota,described as follows; Beginning at the northwest corner ct Lot 1, Block 2, Psyk Third Addition,according to the plat thereof on file and at record in IN office of the County Recorder, Wright County, Mlnn6soia;#fiance N 89 degrees 39 rrminut©s 11 seconds W, plat bearing,alahg the westerly extension of the north lane of said Lot 1, Bieck 2,a distance of 46.50 feat; thence S 0 degrees 29 mil nutes 49seconds W along a line parallel with the west line of said Lot 1, Block 2, a distance of 144.00 fact to a polrit on the westerly extenclon of the south Ilne of saki Lot 1, Btook 2;thonia e S 85 degrees 39 minutes 11 seconds E along said westerly extanslan,a distance of 45.50 feet to the southwest corner of said Lot 1, Black 2; thence N 0 dogreas 20 rninutes 49 sccond,s E along the west line of said Lot 1, Block 2, s distance of 144.00 feet to the point of beginning. 49 ' F11 NORTHWEST ASSOCIATED CONSULTANTS, INC, 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.231.2555 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad — City of Albertville FROM: Alan Brixius DATE: May 20, 2021 RE: Zoning — Cemetery Setbacks. FILE NO: 163.05 — 21.04 BACKGROUND: St. Albert's Cemetery is proposing to install Columbarium with the Cemetery to provide an alternative internment options to grave sites. A columbarium is a sepulchral vault structure with recesses in the walls to receive the ashes of the dead. The proposed location of the columbarium structures is along the west side of the cemetery approximately 12 feet from the west lot line. The Cemetery is zoned P/I Public/ Institutional District which allows the cemeteries by conditional use permit. One of the performance standards for the cemetery CUP is: "The use meets the minimum setbacks requirements for principal structures." The P/I District requires the following principal structure setbacks. Front (north): 35 feet Side (east and west): 20 feet Rear (South): 25 feet The proposed location of the Columbarium will not meet the aforementioned side yard setbacks. In Staff discussion, we did not believe that the Cemeteries request was suitable for a variance and are recommending a changing the setback standard specific to Cemeteries. EXHIBITS: EXHIBIT A: Aerial Photo EXHIBIT B: Detail of the Columbarium Structure EXHIBIT C: Draft Ordinance Amendment. 50 ANALYSIS: St. Albert's Cemetery is the only cemetery in Albertville. The cemetery is located on 3.3 acre site located in northeast Albertville. Its location and design provide a degree of isolation from adjoining land uses. The zoning change reducing the setback for the accessory cemetery uses will not impact adjacent properties. The introduction of columbarium to St. Albertville Cemetery is intended to accomplish the following goals 1. Economize on available land. The Cemetery has a finite amount of land ( 3.3 acres) The introduction of the columbarium allow for a more internment sites without consuming the same amount of land as a grave site. 2. The columbarium provides an affordable alternative to a grave site. Structure Design: The proposed Columbarium will be of concrete construction and be approximately 5.5 feet tall, 7.5 feet in length and 3 feet in depth. Each structure will provide 48 separate niches for internment. The Columbarium will be a very passive structure that will fit the landscape of the cemetery and will not create compatibility issues for adjoining properties. RECOMMENDATION: In consideration of the request by St. Albert's Cemetery to introduce columbarium into the cemetery; we the following findings and recommendation. 1. The proposed structures are a good use of the available limited land with the cemetery. 2. The Structures fit the location and landscape of the cemetery. 3. The columbarium is very passive structures with an attractive appearance that will not negatively impact adjoining properties. 4. The reduced setback for the Columbarium structure will not impact adjoining land uses. Based on the finding above, Staff recommends approval of the attached zoning ordinance amendment reducing the setback for columbarium, headstones, grave markers and other cemetery accessory structures to a minimum of 10 feet from all property lines. 51 1v 1� - ..ram•.- _ _ +f-- Ar i mwp go 441 r i 1 I + 52 loe Ali G' aey 2 �' rea 'n -er 53 E�nu� a�Garys�/afM� . w f "r wd. atp v •; r ' • col at is LMJ r f. wo SN— IS3M 3LNVtl941 Igo ON I Ud S(310:) HL i i 1. payy ' M gill MUM 1111 1 IS gig FT I U I 11M ---------- I iflSKg 8 �i Pfig Im Ab 2 Do!I 51 -Mla q 21; ®R IMF Dam 5E.. ',!I oil 55 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021- AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CHAPTER 4850, P/I PUBLIC /INSTITUTIONAL ZONING DISTRICT RELATED TO SETBACKS APPLICABLE TO CEMETERIES. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: SECTION 1. Chapter 4850 P/I Public/ Institutional District, Section 4850.4 Conditional uses: Cemeteries or Memorial Garden of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: D. All Cemetery buildings shall meet the minimum district setbacks for principal structures. Columbarium, head stones, grave markers and other accessory cemetery structures shall be setback a minimum of 10 feet from all lot lines. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this day of 2021. Jillian Hendrickson, Mayor ATTEST: Kris Luedke, City Clerk Exhibit B 56 A NORTHWEST ASSOCIATED CONSULTANTS,, INC, 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius DATE: May 25, 2021 RE: Thrift Store / Secondhand Store Code Amendment FILE NO: 163.05 20.09 BACKGROUND In December of 2020, the City of Albertville passed Ordinance No. 2020-07, an interim moratorium ordinance temporarily prohibiting new thrift stores in the City for 12 months. The moratorium ordinance provided an opportunity to conduct a study of thrift store locations, concentrations, and operational characteristics and determine the appropriate regulation of such uses within in the City. In response to the City's directive, a study was conducted examining the operations specific to thrift stores / secondhand stores, including the on-site in-take or drop-off of goods, the processing of goods, retailing, the warehousing of goods, the distribution to other facilities, and disposal or recycling of non-saleable goods. Further, the study examined thrift /secondhand stores' unique operations on-site planning, building design, and potential impacts on adjoining businesses. This study will also offer options to address the land use concerns through appropriate zoning amendments. The Study dated March 3, 2021, was presented for discussion to the planning commission on March 9, 2021. At that meeting the planning commission agreed that the operational characteristic of Thrift / Secondhand stores differed from other retailers 57 in the receipt, process and disposable of unsalable goods the which if unregulated can negatively impact the commercial areas and adjoining businesses. The Study was then presented to the City Council on April 5, 2021, the Council expressed concern for the operational characteristic of larger freestanding Thrift / Secondhand stores. The scale of these larger operations have industrial characteristics that may not be compatible within the City Commercial zoning districts. City Staff have prepared a draft ordinance to define and regulate Thrift / Secondhand Stores within the City's Commercial zoning district for review by the planning commission and council. EXHIBITS EXHIBIT A Thrift Store / Secondhand Store Ordinance Amendment. ANALYSIS The definition of a "thrift store" is far-reaching in that the resale of used items includes a broad range of businesses, including antique shops, collectible stores, consignment shops, pawnshops, charitable and for-profit thrift stores. Each of these businesses takes in used items at their place of business and may process the used items for resale. The Albertville Zoning Ordinance does not presently include a definition of the term "thrift store" "secondhand store", "antique store", or "consignment store." The Ordinance does, however, include definitions of a "pawn shop" and "pawnbroker." Within the current zoning ordinance these uses would be treated are "retail uses" permitted in each commercial zoning district without any special regulations. The Thrift Store study examined 23 thrift store locations and zoning codes of other communities for regulations specific to this use. The Thrift Store Study resulted in the following findings. 1. The thrift store definition encompasses a broad variety of businesses, including antique shops, consignment shops, pawnshops, collectibles, specialty thrift stores, and general merchandise secondhand stores. This definition includes both for-profit and non-profit establishments. 2. Nationally, thrift stores are growing in number and popularity. The customer profile is expanding to include younger consumers and a broader range of income groups. 58 3. The receipt, processing and disposable of unsaleable goods at the commercial site presents operational issues with outdoor storage, uncontrolled drop-off of goods, large disposal needs of unsaleable items. These user characteristic distinguish thrift/ secondhand store from other retailers. These use characteristic can negatively impact surrounding businesses if not regulated. 4. In recognizing the operational characteristics of Thrift Stores/ Secondhand Stores; Cities have regulated these uses in different ways. • Some Cities regulate Thrift Stores / Secondhand stores through licensing. • Some Cities have adopted regulations the specific address the operational issues related to Thrift Stores/ Secondhand stores. • Some Cities have addressed the issue by limiting the size of these uses with the zoning district. 5. Albertville specifically lists Pawnshops as a prohibited use in all business zoning districts. The current Albertville Zoning Code does not distinguish Thrift stores / Secondhand Stores from other retail uses which are permitted uses in all commercial zoning districts. 6. Albertville does not have zoning regulations specific to the establishment of Thrift Stores / Secondhand Stores within the community. CONCLUSION In reviewing the Thrift Store Study, both the Planning Commission and the City Council agreed that Thrift / Secondhand Stores have operational characteristic that are different than general retailers with the receipt, processing and disposable of unsaleable goods on-site. The operational characteristics if unregulated can negatively impact the function and appearance of adjoining businesses and land uses. The City Council inquired as to the options for regulating these uses. The options presented included: 1. Requiring a conditional use permit with specific conditions for these uses. 2. Prohibition of Thrift Stores / Secondhand Stores within the City. 3. Restricting the size of a Thrift Store / Secondhand Store within the zoning district. Upon considering the aforementioned options, the City Council directed staff to prepare a Code amendment following option 3. The Attached Code Amendment is offered for Planning Commission and Council consideration. The amendment defines Thrift Stores and Secondhand stores and allows 59 them within the City's commercial zoning districts as a permitted use with a restricted size and provided all donations or receipt of goods, processing of goods occur within the building . If deemed acceptable by the Planning Commission, staff recommends approval of the proposed Zoning Code amendment. CC. Maeghan Becker Kris Luedke Mike Couri 60 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021 — AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CODE RELATING TO THE DEFINITION AND REGULATION OF THRIFT STORES/SECONDHAND STORES WITHIN THE CITY'S COMMERCIAL ZONING DISTRICTS. WHEREAS, The City finds that Thrift stores/ Secondhand Goods stores that receive goods and merchandise at the store location through donation or sales transaction from the general public, have industrial land use characteristics related to the receipt and storage of goods, processing of goods and disposal of unusable goods that are not compatible within the City's commercial zoning district without specific regulation; and WHEREAS, the City has studied this matter and outlined regulations that address the land use characteristics of Thrift Stores/ Second Hand Stores for their locations in the City of Albertville THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Chapter 2, Section 200.2 definition of Commercial Use in the Albertville City Code is hereby amended to add the following definitions: Q. Secondhand Goods: Tangible personal property, previously owned, or used, by a person other than the dealer offering the item for sale, including electronic audio or video equipment, clothing, household items, firearms, power tools, computers, computer-related equipment,jewelry, coins, and precious metals. R. Secondhand Goods Dealer: Any person whose regular business includes selling or receiving secondhand goods, including auction house dealers, consignment house dealers, flea market dealers and antique dealers, but not including used car sales involving vehicles with titles requiring registration with the Minnesota Department of Motor Vehicles under Minnesota Statutes chapter 168, or boats required to be registered with the Department of Natural Resources. S. Thrift Store/Secondhand Store: A shop that sells secondhand goods often supplied by donations from individuals dropping off the items at the shop, as to benefit a charitable organization or for-profit company. SECTION 2. Chapter 4300 B-2 Limited Business District in the Albertville City Code is hereby amended as follows 61 4300.2 Permitted Uses Thrift Stores/ Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4300.5 Prohibited Uses: Thrift Stores/ Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 3. Chapter 4350 B-2A Special Business District in the Albertville City Code is hereby amended as follows 4350.2 Permitted Uses Thrift Stores/ Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4350.5 Prohibited Uses: Thrift Stores/ Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 4. Chapter 4400 B-3 Highway Commercial District in the Albertville City Code is hereby amended as follows 4400.2 Permitted Uses Thrift Stores/ Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4400.5 Prohibited Uses: Thrift Stores/ Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 5. Chapter 4500 B-4 General Business District in the Albertville City Code is hereby amended as follows 62 4500.2 Permitted Uses Thrift Stores/ Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4500.5 Prohibited Uses: Thrift Stores/ Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 5. Chapter 4501 B-W Business-Warehousing District in the Albertville City Code is hereby amended as follows 4501.2 Permitted Uses Thrift Stores/ Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4501.5 Prohibited Uses: Thrift Stores/ Secondhand Dealers having a building floor area in excess of 2500 sq. ft. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this th day of 2021. Jillian Hendrickson, Mayor Kris Luedke, City Clerk 63