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2023-05-09 Planning Commission Packet- PLANNING COMMISSION MEETING Tuesday May 9, 2023 7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES March 14, 2023 Planning Commission Meeting (pages 1-4) 5. PUBLIC HEARINGS a. Public hearing to consider a request of the City of Albertville for a Zoning Text amendment and Zoning Map amendment adding Chapter 5200 PUD Summary District to the Albertville Zoning Code and adopting the updated Zoning Map. (pages 5-43) 6. OTHER BUSINESS None 7. ADJOURNMENT Planning Commission Meeting Minutes Regular Meeting on March 14, 2023 1 ALBERTVILLE PLANNING COMMISSION TUESDAY, MARCH 14, 2023 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 pm. Maeghan Becker conducted roll call. Present: Chair Buhrmann and Commissioners Anderson, Huggins, Smith and Council Liaison Hayden. Others Present: City Planner Al Brixius, Building Permit Technician Maeghan Becker, Bryan Gobel (owner of Villa restaurant), Brian Aho (Bryan Gobels attorney), Jeff Hanson (contractor for Just for Kix), and Kaitlin White (Just for Kix Director). Motioned by Huggins, seconded by Anderson to approve the agenda as submitted. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. MOTION DECLARED CARRIED. 2. MINUTES Motioned by Anderson, seconded by Smith to approve the December 13, 2022, Planning Commission meeting minutes as presented. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3. PUBLIC HEARINGS A. Public hearing to consider a request from JBD MN Properties LLC and Clough Properties LLC to amend the 2007 Albertville Marketplace Planned Unit Development to allow the Villas Restaurant on Lot 4 Block 1 of Albertville Marketplace to be converted to Just for Kix Dance School. Brixius presented the PUD amendment request from Just for Kix Dance School which would be located at the Villa Restaurant at Lot 4 Block 1, address 11935 59th Place Ne. This location was approved only for restaurant use in the original 2007 PUD approval. Just for Kix and the current owner of the Villa, Bryan Gobel are requesting a PUD amendment to allow a dance Planning Commission Meeting Minutes Regular Meeting on March 14, 2023 2 school as a use. Brixius informed commissioners that this type of use is permitted within the B-3 Highway Commercial zoning district which is required. Brixius went through the building layout changes they would make to the site. No building expansion or additions are being proposed so the building meets all setback requirements. Changes will include a building entrance and lobby with concession machines and retail sales for the dance studio, three dance studio rooms, mechanical and storage rooms and restrooms. Brixius stated that the parking count is more than enough for the proposed use of the dance studio. This location is just for practice, it is not intended to be used for any recitals or dance programs in which people will come and watch. Brixius went over the exhibits of the proposed site with the commissioners. Staff recommends approval based on the conditions listed below: 1. The building floor plan be revised to reflect the actual building configuration and dimensions. 2. The building received the required building permits and inspections for the building alterations for the change of building occupancy. 3. The re-activation of the Retail Property Owners’ Association consisting of the property owners of Lot 1-4 of said plat for the maintenance and upkeep of the common elements including but not limited to the private street, streetlights, and storm water management elements. 4. Repair and/or replacement of the damaged decorative streetlights per the approved PUD design. 5. The parking lots on Lot 1 and 4 Block 1, Albertville Marketplace shall be striped to designate the parking stalls. The parking lot striping shall include: a. All 90-degree parking stalls shall be striped to the dimension of 9 feet wide and 20 feet in length. Drive aisles shall be 24 feet in width. b. The parking lot striping shall illustrate the location and dimension of disability parking stall per ADA standards. 5 disability parking stalls are required for parking lots of 101 to 150 stalls. The disability stalls shall include proper signage. c. The parking lot shall be striped to include an unencumbered access lane to the FDC (Fire Department Connection) on the east side of the building. Said access lane shall be striped and signed “NO PARKING”. Buhrmann clarified that we are only amending the current PUD for this location and not creating a new PUD and Brixius confirmed we are only amending the uses for this specific location. Hayden asked why the City Council had previously only approved this location for a restaurant. Brixius informed that the vision for the Emma Krumbees location was that they would let a gas station come in, as long as they had this location with a sit down family restaurant. Anderson asked if the building was going to be a one level use. Brixius confirmed that it is a one level use. Commissioners discussed traffic flow concerns, Brixius confirmed that all recitals and shows would be held off-site, this site is for practice only. Brixius said that traffic would be manageable for this site. Planning Commission Meeting Minutes Regular Meeting on March 14, 2023 3 Hayden asked about activation of the retail property owners association fees. Brixius stated that they are responsible for the common elements, the streets, storm water facilities, the street lights. These four lots back there are all responsible. Motioned by Huggins, seconded by Anderson to open the Public Hearing. Ayes: Buhrmann, Anderson, Huggins and Smith. Nays: None. Absent: None. MOTION DECLARED CARRIED. Bryan Gobel, owner of the Villa restaurant introduced himself to the Commissioners and went over the history of the property and how he has outgrown the current restaurant and now he is looking for new opportunities within Albertville. He believes that Just for Kix will be a great use for this location and that they will fit in well with this community. Commissioners asked about the sale of the property and when it will take place. Globel said that they have a proposal date of April 30 for closing. Commissioners discussed the items in the building and Gobel stated that the items would either be used elsewhere or be auctioned. Jeff Hanson (contractor for Just for Kix), and Kaitlin White (Just for Kix Director) approached the podium and introduced themselves. Blair Huggins excused himself from the meeting at 7:27pm. Hanson went over the building concept and renovations that they are intending for the new use. White went over the day to day operations of the business and the history of the business and how it has grown and the need for more space. Currently they have 253 students and a typical class size average is about 12 students. Hayden asked about traffic challenges, White says that she does not see any traffic issues at this location. They have different class times for different ages, therefore, students will be arriving and being dropped off at different times. This location will be used only for practice and all shows and recitals will be held on different sites. Commissioners discussed the different locations for Just for Kix. Commissioners asked about their plan for signage. They said that they will submit sign permits in place of where Villa has existing signs. Building signs and a pylon sign. Smith asked Brixius if other restaurants have shown interest on this site. Brixius responded that we have not and that this is the only application that we have received for this site. Smith asked how long the improvements will take. Hanson responded they are hoping about 7-8 months. Planning Commission Meeting Minutes Regular Meeting on March 14, 2023 4 Motioned by Stacee, seconded by Buhrmann to close the Public Hearing. Ayes: Buhrmann, Anderson, and Smith. Nays: None. Absent: Huggins. MOTION DECLARED CARRIED. Motioned by Anderson, seconded by Smith to approve the amendment to the 2007 Albertville Marketplace Planned Unit Development to allow the Villas Restaurant on Lot 4 Block 1 of Albertville Marketplace to be converted to Just for Kix Dance School. Ayes: Buhrmann, Anderson, and Smith. Nays: None. Absent: Huggins. MOTION DECLARED CARRIED. 4. OTHER BUSINESS A. Commissioners had general discussion on the following: ▪ The East side of the Outlet mall ▪ THC update and Hayden gave an update on the current moratorium ▪ Vacant lots by Culvers ▪ Psyk Property 5. ADJOURNMENT Motioned by Smith, seconded by Anderson to adjourn the meeting at 8:03 pm. Ayes: Buhrmann, Anderson, and Smith. Nays: None. Absent: Huggins. MOTION DECLARED CARRIED. Respectfully submitted, _______________________________________ Maeghan M. Becker, Building Permit Technician NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 415 0 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com 5 MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius/Tara Kohl DATE: May 4, 2023 RE: Albertville PUD District Summary FILE NO: 163.05 22.07 BACKGROUND City Staff has prepared a summary of all the Planned Unit Development (PUD) districts that the City has approved over the years. The individual PUD districts are illustrated on the updated zoning map. The summary is to identify the special conditions applied to each of these PUD districts. The purpose of the summary is to memorialize these within the zoning code so that future staff will not need to search through the files and / or development contracts to apply the performance standard applicable to the individual PUDs with each development application or zoning question. This is a long document due to the number of PUD districts, all the performance standards have been previously approved by the City. Attachments. Updated zoning map Zoning text amendment – PUD Summary Ordinance. 6 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2023 – ___ AN ORDINANCE CREATING ALBERTVILLE ZONING CHAPTER 5200, PUD- PLANNED UNIT DEVELOPMENT ZONING DISTRICTS SUMMARY. SUMMARIZING THE LAND USE AND PERFORMANCE STANDARDS FOR THE APPROVED PLANNED UNIT DEVELOPMENT ZONING DISTRICTS WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: SECTION 1. Chapter 5200 PUD Planned Unit Development District, Section of the Albertville City Code is hereby amended and add the following text: 5200.1 PURPOSE: The summary is to memorialize the approved land uses and performance standard for each Planned Unit Development Zoning District within the City of Albertville, for easy reference and administration.. 5200.2 Albertvillas 1st Addition, 2nd Addition, 3rd Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 85 feet PUD periphery: 35 feet Wetland setback: 20 feet from ordinary high water mark C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 85 feet 5200.3 Albertvillas 4th Addition, 5th Addition, 6th Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. 7 B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 15 feet 20 feet 25 feet 15,000 sq. feet 90 feet PUD periphery: 35 feet C. SPECIAL PUD CONDITIONS: Lot width: 90 feet 5200.4 Albertville Medical Clinic A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet Building placement per development contract plan set dated 03/14/2006. Principal building/structure height: Thirty five feet (35'). Maximum site coverage: Hard surface, including buildings, eighty percent (80%). C. SPECIAL PUD CONDITIONS: Cross-parking and access easement which will allow mutual cross-parking and access between Lot 1, Block 1 in Said Plat and Lot 2, Block 1, Albertville Medical Building. 5200.5 Albertville Self-Storage A. USES: Self storage per plan set dated 07/12/2022 with special PUD conditions outlined below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 8 30 feet 10 feet 20 feet 20 feet - 100 feet 1. Building A located on said Lot 1 as shown on the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022 may be set back no less than 8 feet from the interior side yard property line. 2. All buildings on Lot 1, Block 1 shall be constructed in the locations shown on the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022 unless otherwise approved by motion of the City Council. 3. The Plat shall be consistent with the Plans and Specifications for AVA Second Addition, as prepared by Landform dated 07/12/2022. C. SPECIAL PUD CONDITIONS: 1. All leases for storage on said Lot 1 must prohibit the following: a. Prohibited Storage: i. Explosives ii. Hazardous materials iii. Toxic materials iv. Flammable materials such as fuels and accelerants v. Materials that are subject to spoilage or deterioration. b. Prohibited uses of the storage bays: i. Residential living ii. Housing of animals iii. Conducting a business iv. Manufacturing or assembly of products. 5200.6 Cedar Creek Golf Course A. USES: Golf course per plan set dated 11/17/1997 and per the Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement recorded as document number 653050 at the Wright County Recorder’s Office, Wright County, Minnesota. B. LOT REQUIREMENTS AND SETBACKS: C. SPECIAL PUD CONDITIONS: 9 Per plans dated 11/17/1997 and per the Cedar Creek Golf Course Planned Unit Development Concept Plan Master Agreement recorded as document number 653050 at the Wright County Recorder’s Office, Wright County, Minnesota. 5200.7 Cedar Creek North 1st Addition, 2nd Addition, 3rd Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 15,000 sq. feet 80 feet C. SPECIAL PUD CONDITIONS: Lot width: 80 feet Maximum 25% lot coverage Maximum building height: 35 feet 5200.8 Cedar Creek South 1st Addition - 5th Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 80 feet C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet 10 Lot width: 80 feet Maximum 25% lot coverage 5200.9 Cedar Creek South 6th Addition A. USES: All detached townhomes plan set dated 10/05/2000. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 20 feet 6 feet - 15 feet 5,000 sq. feet/unit - Minimum setback from CSAH 18: 35 feet 22 feet from internal private streets 20 feet from other parcel boundary lines Building separation: 12 feet C. SPECIAL PUD CONDITIONS: Building placement per plans dated 10/05/2000. 5200.10 Cedar Creek South 7th Addition A. USES: All detached townhomes plan set dated 07/30/2001. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width - - - - 5,000 sq. feet/unit - Building separation: 9 feet 25 feet setback from internal private street 10 feet setback adjacent to golf course 11 C. SPECIAL PUD CONDITIONS: Building placement per plans dated 07/30/2001 and revised 09/07/2001. Detached accessory buildings prohibited. 5200.11 Center Oaks A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 75 feet 5200.12 Center Oaks 2nd Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 feet 80 feet C. SPECIAL PUD CONDITIONS: Lot area: 12,500 square feet Lot width: 80 feet Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 75 feet 12 5200.13 Center Oaks 3rd Addition & 4th Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 15,000 sq. feet 75 feet C. SPECIAL PUD CONDITIONS: Lot width: 75 feet 5200.14 Federated Co-ops A. USES: All permitted conditional and accessory uses allowed within the B-3 Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. Farm supply sales and associated storage including fertilizer (dry and liquid), animal feed, seed, fuel and oil and related products per the approved site plan dated May 7, 2013. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width B-3 35 feet 20 feet* 20 feet* 20 feet* - 100 feet *except not less than thirty five feet (35') when abutting an R district. C. SPECIAL PUD CONDITIONS: 1. A zero lot line setback shall be allowed along north property lines of Blocks 1 and 2. Along all other property lines, a minimum 10 foot structure setback shall be maintained. 2. The height of new buildings and building additions shall not exceed 35 feet in height. 3. The following PUD standards shall apply: 13 a. Any and all permitted conditional and accessory uses allowed within the B-3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. b. Proposed and expanded site structures must comply with building finish material requirements of the B-3 District. c. The color of new and expanded buildings shall match the color of the principal building. d. Off-street parking areas, related drive lanes and outdoor storage areas may be surfaced in gravel. 4. Proposed fuel storage improvements/modifications shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. 5. The above ground tank meets all building and fire code requirements per the Summit evaluation report. 6. Alarm: Federated Co-Op / property owner will train their employees and have the direct dial to the police station if the monitor ever shows an issue. The alarm will go off if the tank gets hotter than 100 degrees. 7. Monitor: Federated Co-Op staff will allow the Fire Department to have access to their tank monitoring software via a mobile app. This app, which is now in use by Federated Co-Op, would allow the Fire Department to virtually “see” the tank levels and temperatures in each of the individual tanks. Access to this application would be limited to the Fire Chief’s iPad and the Fire Department’s Engine 11 iPad. 8. Federated Co-Op employees, and their transport staff, will be trained in the use of the aforementioned app and directed on when to call 9-1-1 should any tank show any level or temperature issues. 9. Security: Federated Co-Op will bring in additional gravel in the low spots and will anchor the fence in a manner that prevents trespass under the fence. The fence anchoring will be subject to the approval of City Staff. 10. Safety training: Federated Co-Op will donate money for some additional joint training of both the fire department and its employees in the establishment of an emergency management plan for the site. 11. Site Lighting: Federated Co-Op will install dusk/dawn lighting in the loading area to provide employees a safer loading environment. The dusk/dawn lighting will be a deterrent to site entry from outsiders. Lighting will be 90 degree cutoff light fixtures consistent with current requirements. 12. Federated Co-Op will install motion detectors on both gate areas that will activate additional lighting to deter entry or tampering. Lighting will be consistent with current City lighting requirements. 14 13. Electrical power will remain locked out during all non-business hours via a padlocked breaker box. Federated Co-ops will explore pass code/key code power options to provide additional protection. 14. Federated Co-Op will work with the Fire Department on finding a third party vendor to construct an Emergency Action Plan for the facility allowing both Federated Co-Op staff and the Fire Department to train under one, unified, plan. Federated Co-Op has indicated they would be willing to make a monetary donation to fund this process. Federated Co- Op shall bear the expense for the development of the Emergency Action plan specific to the site. The Action plan shall be completed within 6 months of the PUD approval. 15. Federated Co-Op will remove one of 1000 gallon gasoline tanks from the property with the installation of the 10,000 gallon gasoline storage tank. 16. Federated Co-Op will work with the Fire Department to secure extra firefighting foam to be used solely for any incidents at the Federated Co-Op facility. Currently our foam supply comes in 5-gallon buckets, and is stored at the Fire Department. The Fire Department would be comfortable having 100 gallons of foam on hand for the Federated Co-Op facility. Federated Co-Op has indicated they would be open to purchasing foam for potential use at their facility. 17. The entire tank field shall be an interim use for the property and shall be removed from the site if the property changes ownership. Subsequent, land owners may pursue and PUD Amendment to retain the tank field subject to the tank field meeting all current building, fire, and zoning codes in place at the time of change in ownership and compliance with the conditions of this ordinance. 18. With this zoning amendment Federated Co-Op shall be limited to not more than 7 liquid fuel storage tank having a storage capacity greater than 10,000 gallons and 2 liquid fuel storage tanks not to exceeding 1000 gallons storage capacity per the site plan approved on August 19, 2019 located on parcel PID# 101-500-012-131. Any additional storage tanks or site alterations for any of the Federated Co-Op holdings will require a separate PUD amendment. 5200.15 Fehn Property A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the I-2 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district, except for the following, which shall be permitted notwithstanding the provisions of the I-2 district: Two principal buildings shall be allowed on Lot 1, Block 1 of Said Plat, provided such buildings are constructed in accordance with the Site Plan and the Building Plan set dated 12/23/2020 revised 03/15/2021. Setbacks for such buildings shall be as shown on the Site Plan dated 12/23/2020 revised 03/15/2021. 15 B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 20 feet - 100 feet All buildings on said Lot 1 shall be constructed in the locations shown on the Site Plan dated 12/23/2020 revised 03/15/2021 unless otherwise approved by motion of the City Council. The minimum lot area within the I-2 District shall be determined by the criteria for parking, loading, minimum yards and setback requirements and building coverage described for this district. Maximum site coverage: Hard surface, including buildings: Eighty five percent (85%). Maximum building height shall not exceed forty five feet (45') except by conditional use permit. C. SPECIAL PUD CONDITIONS: 1. Outdoor storage of aggregate, sand, and soils (but not soils contaminated with hazardous substances) shall be permitted on Lot 2 of Said Plat, provided the following restrictions are complied with: Lot 2, Block 1 of Said Plat shall not be further subdivided while it is being used for outdoor storage and crushing. If such Lot 2 is further subdivided, the outdoor storage and crushing operations shall no longer be permitted. The use of said Lot 1 must be used for office/construction equipment storage and maintenance. No stock piles shall be located within 400 feet of 1) the west property line, or 2) the Barthel Industrial Drive right-of-way. Stock piles shall not exceed 30 feet in height. A dust control plan for the stock piles which plan must be approved in writing by the City Engineer to prevent the creation of nuisance conditions. On-site crushing of gravel, soil or concrete materials shall be limited to a two- week period between the dates of May 15th to June 15th of each year and a two- week period between the dates of October 15th to November 15th of each year. Applicant's Crushing shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday. Crushing on the weekend shall be prohibited. Crushing equipment shall be located east and south of the stock piles to help mitigate noise and vibration for properties to the west and north. Applicant shall implement reasonable directives of the City Engineer to mitigate nuisance issues of noise, vibration and dust. If vibration from Developer's crushing operations materially interferes with the manufacturing processes of the property adjacent to and to the north of the 16 Subject Property, Developer agrees to work with the City to implement methods to mitigate the vibration impacts on the adjoining property including but not limited to smaller crushing equipment and increased setback from the north property line for crushing operations. 2. The number of parking stalls in the locations and dimensions shown in the parking lots to the west and south of the proposed office building located on said Lot 1 as shown on the plan set dated 12/23/2020 revised 03/15/2021. In the event the City reasonably determines that more parking is required for the proper operation of the use located on Lot 1, the City may require, and developer shall construct, additional parking in an amount required by the City in the location shown to the east of the proposed shop/storage building located on said Lot 1 and the ten parking stalls shown to the west of the parking lot located west of the Office Building as shown on the plan set dated 12/23/2020 revised 03/15/2021. 5200.16 Hunters Pass Estates A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width Variable Not less than 30 feet 5/10 feet 20 feet 30 feet Variable 7,852 – 26,863 sq. feet Average 13,837 sq. feet **Variable 60 feet measured at the required front setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass Estates lot sizes shall comply with the approved final plat. 2. The Hunters Pass Estates is an approved coved design. Lot width is measured at the required front setback line. See the Hunters Pass Estates Phase 1 required front yard setbacks summary. 3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 4. The rear lot line shall be the southeast lot line for all flag lots. (Lots 8,9 Block 1 and Lots 13,14 Block 3) 5. No building, deck, or other structure may encroach into the required 30 foot wetland setback. 6. No rear yard or side yard setback variances shall be approved. 17 5200.17 Hunters Pass Estates 2nd Addition A. USES: Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width Variable Not less than 30 feet 5/10 feet N/A 30/10 feet Variable 8,220-14,510 sq. feet Average 10,725 sq. feet Variable 60 feet measured at the required front setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass Estates 2nd Addition lot sizes shall comply with the approved final plat. 2. The Hunters Pass Estates 2nd Addition is an approved coved design. Lot width is measured at the required front setback line. See the Hunters Pass Estates 2nd Addition Phase 2 required front yard setbacks summary. 3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 4. Rear setbacks for Block 1 lots are 30 feet, rear yard setbacks for Block 2 and 3, lots are 10 feet. 5200.18 Hunters Pass 3rd Addition A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the R-1A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 18 30 feet 5/10 feet 20 feet 25 feet Variable 8,728 – 16,027 sq. feet Average 11,989 sq. feet Variable 60 feet measured at the required front setback C. SPECIAL PUD CONDITIONS: 1. The Hunters Pass 3rd Addition lot sizes shall comply with the approved final plat. 2. The Hunters Pass 3rd Addition is an approved coved design. Lot width is measured at the required front setback line. 3. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 4. Rear setbacks for lots abutting Hunters Lake shall meet the required shoreland setback from Ordinary High Water Level. 5. No building, deck, or other structure may encroach into the required 30 foot wetland setback. 5200.19 Kingston Crossing A. USES: The uses on Said Plat shall be restricted as follows: 1. The uses on Lot 1 of Said Plat shall be limited to 26 residential townhome units in the configuration shown on the plan set dated 11/22/2021, including the construction and operation of the playground and dog run areas and the parking lot shown on site plan dated 11/22/2021. 2. Uses on Lot 2 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on plan set dated 11/22/2021, along with a pool, clubhouse and parking lot. 3. Uses on Lot 3 of Said Plat shall be limited to a 74-unit residential apartment building constructed substantially as shown on the plan set dated 11/22/2021. B. LOT REQUIREMENTS AND SETBACKS: Setbacks on Lots 1, 2 and 3 shall be as shown on the plan set dated 11/22/2021. C. SPECIAL PUD CONDITIONS: Lots 1, 2 and 3 of Said Plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives: 1. Lots 1, 2 and 3 of Said Plat shall have full use of the private drive and parking areas on Said Plat extending from 53rd Street to CSAH 19 as shown on the approved plans dated 19 11/22/2021 ( collectively, "Private Drive"), including a shared cross-parking easement for Lot 3 of Said Plat to use the parking lot to be built on Lot 2 of Said Plat. In addition, in the event the City Council deems it necessary, Developer shall allow Lot 1 of Heuring Meadows Commons to also use said Private Drive for ingress and egress, provided that said access shall be made in the location shown on the approved site plan dated 11/21/2021. At such time as Lot 1 of Heuring Meadows Commons connects to the Private Drive, said Lot 1 of Heuring Meadows Commons and the lots on Said Plat shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the Developer in good repair at all times similar to the manner in which the City maintains its residential streets. 2. At the time the final plat is recorded, unless such an agreement has already been recorded and burdens the property in Said Plat, Developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon Lots 1, 2 and 3 of Said Plat. Such easement agreement shall meet the approval of the City Attorney and the City Engineer, which approval shall not be unreasonably withheld, shall provide for access to the Private Drive by Lot 1 of Heuring Meadows Commons at such time as may be required by the City, and shall require the maintenance of said Private Drive in good repair at all times similar to the manner in which the City maintains its residential streets. Said Private Drive shall not be maintained by the City and shall remain a private road. 5200.20 Marketplace A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-3 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses. The uses on Lot 4, Block 1 shall be limited to a restaurant using at least 4,000 square feet of enclosed building space, and other uses in the remainder of the building as are allowed under the City’s B-3 zoning district. If a motor fuel station (with or without a convenience store and car wash) is located on Said Plat, it may only be located on Lot 2, Block 1 of Said Plat. B. LOT REQUIREMENTS AND SETBACKS: Building locations per Marketplace Planned Unit Development/Conditional Use Agreement dated 08/07/2007. C. SPECIAL PUD CONDITIONS: Shared parking across Lots 1-4, Block 1. 5200.21 Outlets at Albertville (East & West) 20 A. USES: Uses limited to the special PUD conditions below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks per approved plan sets dated: Phase 1 06/30/1998 Phase 2 06/30/1998 Phase 3 09/26/2002 revised 10/17/2002 C. SPECIAL PUD CONDITIONS: The following uses shall be allowed on all lots and outlots of the Outlets at Albertville and the Outlets at Albertville Second Addition Plat: 1. Antique or gift shop. 2. Art and school supplies. 3. Auto accessory store. 4. Bakery goods and baking of goods for retail sales on the premises. 5. Bath and bedding sales. 6. Books, office supplies or stationary stores. 7. Camera and photographic materials. 8. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks. 9. Carpet, rugs and tile. 10. Coin and philatelic stores. 11. Computers and computer accessories sales and service. 12. Convenience store without gasoline sales. 13. Costume, clothes rental. 14. Delicatessen. 15. Department and discount stores. 16. Drug store. 17. Florist shop. 18. Furniture stores. 19. Furriers when conducted only for retail trade on premises. 20. Garden supply stores. 21. Gift or novelty store. 22. Hobby store. 23. Household appliance sales and repair. 24. Jewelry stores. 25. Kitchenware sales. 26. Leather goods and luggage stores. 27. Paint and wallpaper sales. 28. Record-music shops. 29. Restaurants and on and off-sale liquor. 30. Sewing machine sales and service. 21 31. Shoe stores. 32. Sports and exercise equipment sales. 33. Wearing apparel and clothing stores. 34. Hospitality Businesses are permitted as an Interim Use within the Lot 1, Block 1, Outlets of Albertville Second Addition Planned Unit Development with the following conditions: a. Number: No more than two (2) Hospitality Businesses shall be located within Lot 1, Block 1 Outlets of Albertville Second Addition. b. Size: Individual Hospitality Businesses shall be limited to a maximum occupancy of three hundred (300) people at a single event. c. Hospitality Businesses shall obtain building permits and Certificate of Occupancy for building modifications needed to change the building occupancy from retail to assembly. d. The siting of the Hospitality Business within the Outlets Promenade shall demonstrate appropriate required parking and traffic patterns that do not interfere with Outlet Mall operations or negatively impact surrounding land uses. e. The term of the Hospitality Businesses interim use shall be limited to three (3) years from the date of Certificate of Occupancy. Said use may be renewed upon request of the applicant and approval of the City Council. No overnight storage or display shall be allowed outside any building for any of the uses listed above. 5200.22 Parkside Commercial Center A. USES: Uses outlined in special PUD conditions below. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet Building placement per approved plans dated 03/15/2005. C. SPECIAL PUD CONDITIONS: Permitted uses: 1. The Animal Veterinary Clinics shall be allowed in all three buildings (#10904, #10900, and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 2. The Government and Public-Related Office Uses shall be allowed in all three buildings (#10904, #10900, and #11004). 3. The Service Business Uses (on-site services only) shall be allowed in all three buildings and shall be limited to the approved (and excluded) list of onsite service businesses: 22 General Office, including the following: a. Insurance Agency b. Travel Agency c. Accounting/Bookkeeping firms d. Management companies e. Bank/Credit Union/Depository institutions f. Financial Planner g. Investment Banker h. Loan production office i. Appraisal Firm j. Title Insurance Company k. Mortgage Loan Company l. Small loan company m. Realty Company/Agency n. Real Estate development office o. Architectural firm p. Engineering firm q. Laboratory/Research offices r. Telemarketing s. Collection Agency Medical Use, including the following: a. General practice physician b. Dental practice c. Medical specialty use d. Eye care offices/with associated retail products e. Orthodontist f. Chiropractic g. Psychiatric/Family Counseling h. Hearing aid examination with associated retail products i. Other medical or dental related use as may be approved by City Professional Service Use, including the following: a. Hair & beauty salon (no nails only) b. Student Learning Center c. Physical Therapy d. Physical Fitness (limited to 2,000 square foot maximum) e. Occupational Therapy Approved Service Businesses: a. Copy/printing services 23 b. Event planning c. Photographic studio d. Appliance or electronic repair e. Tailor f. Travel agency or bureau g. Advertising/consultants or agency h. Personnel/Staffing service i. Bail Bonds j. Construction management offices k. Business consultants l. Computer/networking consultants m. Payroll services n. Credit counseling offices o. Electrology/Skin care services p. Transportation logistical services q. Home inspection service r. Private investigation service s. Equipment leasing service t. Massage therapy u. Tax preparation service v. Video tape/DVD duplication transfer service Service Businesses EXCLUDED from approved uses: a. Laundromat b. Dry cleaners c. Funeral home/mortuary d. Banquet Hall e. Conference center f. Prosthetic device fabrication g. Tattoo/body piercing establishment h. Tanning salon 4. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings #10904 and #10900, provided the following conditions are met: a. Leasehold occupancy only b. Assembly use shall be accessory to a permitted office use c. Assembly use floor area not to exceed 2,500 square feet for the entire Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center; d. No outdoor activities allowed; and e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements. 24 A definition of assembly use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling. 5200.23 Parkside 3rd Addition & 4th Addition A. USES: Single family homes and permitted accessory uses, conditional uses, and interim uses contained in the R-1 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 25 feet 12,500 sq. feet 90 feet Maximum lot coverage: 25% Maximum building height: 35 feet Lots 6, 7, 8, Block 1, Parkside 4th Addition: may be 10 feet in front of setback line (may be at a point where lot width is less than 90 feet) if side yard setbacks can be met. Parkside 4th Addition- Three lot width variances: Lots 6, 7 and 8 of Block 1. Structure locations on these lots must be placed at or behind the required front setback line which may be at a point where the lots are less than 90 feet wide, provided that minimum side yard setbacks can be met. Corner lot width: 100 feet C. SPECIAL PUD CONDITIONS: None. 5200.24 Particle Control A. USES: Land uses shall be limited to all permitted, conditional, and accessory uses allowed within the B-3 Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 25 Industrial uses limited to industrial processing of dry food ingredients limited to milling, blending, air classifying, screening, packaging, warehousing, and storage per the approved site plan received December 2010 and civil plans dated 07/12/2022 and architectural plans dated 07/11/2022 shall be allowed on the site. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet 20 feet* - 20 feet** - - C. SPECIAL PUD CONDITIONS: **Rear yard setback: 12.8 feet *Side yard setback: 10 feet All buildings shall not exceed 35 feet in height. This will limit the silo height to existing standards. Any and all permitted, conditional, and accessory uses allowed within the B-3 Zoning District shall meet the architectural standards of Section 4400.8 of the Albertville Zoning Ordinance. Industrial processing of dry food ingredients buildings may have a metal exterior finish provided the color of any new building or structure matches the color and design of the principal building. 30 and 31.8-foot curb cut widths 5200.25 Prairie Run A. USES: Single family dwellings and permitted accessory uses contained in the R-1 Residential Single Family District. B. LOT REQUIREMENTS AND SETBACKS: LOTS 1-15 BLOCK 1 AND LOTS 1-13 BLOCK 2 Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 20/25 feet 5/10 feet N/A 50/10 feet 10,000 sq. feet 65 feet 26 1. 20 foot front yard setback to the principal structure / 25 foot front yard setback to the garage. 2. 5 foot side yard setback garage side / 10 foot side yard setback on the side for living space. 3. 50 rear yard setback from County Road 18 / 10 foot setback from wetland boundary. 4. Lot area and width as approved with Prairie Run final plat. LOTS 14-38 BLOCK 2 Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 30 feet 10 feet 20 feet 50/10 feet 12,000/10,000 sq. feet 90 feet 1. 12,000 sq. feet minimum gross lot area / 10,000 sq. feet net buildable lot area. C. SPECIAL PUD CONDITIONS: None. 5200.26 Preserves at Albertville A. USES: The purpose of the PAA/PUD district is to provide for single-family detached residential dwelling units and directly related complementary uses per approved PUD Final Stage development plans and Final plat dated 07/21/2021. The following are permitted uses in a PAA/PUD district: 1. Single-family detached dwelling units 2. Neighborhood common ownership clubhouse, pool, Private Park/playground/recreation facilities. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 25 feet 5 feet 20 feet 25/50 feet* 6,000 sq. feet Interior: 50 feet Corner: 65 feet *Rear setback for lots abutting 50th Street: 50 feet Patios and decks shall meet the minimum building setbacks Maximum building height: 35 feet 27 Maximum lot coverage: No structure or combination of structures or hard cover shall occupy more than fifty-five percent (55%) of the lot area. C. SPECIAL PUD CONDITIONS: 1. Prohibited uses: a. Detached accessory buildings. b. Fences except fences as part of the buffer yard along 50th Street. c. Outdoor storage as addressed in Section 1000.15 2. The houses within the PAA/PUD District shall meet the following minimum design standards. a. House exterior finish materials match the home models approved with the Preserve at Albertville planned unit development. b. Minimum garage size shall 480 sq. ft. c. Each slab on grade house shall provide for a storm protection room. 3. The sale of individual lots within the subdivision shall be prohibited unless the developer first establishes a Common Interest Community (CIC) over all numbered lots within Said Plat and over Outlots A, B, and E with rules and maintenance requirements which will be applied to each lot, the private street (Outlot B) and the common areas of the plat (including Lot 21, Block 2, the clubhouse lot) and the ponds (Outlots A and E). 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 require the Developer to apply for and receive an amendment to the PUD zoning to ensure that issues related to outdoor storage, accessory structures etc. are addressed to the satisfaction of the City. The City may record at the Wright County Recorder’s Office a separate notice against all lots in Said Plat detailing the requirements of this paragraph 2.N. 4. The Developer shall provide storm protection acceptable to the City for each home that does not have a basement. 5. Developer shall construct, operate and maintain a clubhouse and pool for the benefit of the residents of Said Plat for so long as Said Plat contains single family homes. Construction of Said clubhouse and pool shall be completed within one year of the date of this Agreement. 6. The streets, sidewalks, curb, gutter and storm sewer systems shall remain privately owned and privately maintained by the Developer in a manner similar to how the City maintains its public streets and sidewalks abutting single family homes. Developer shall maintain such roads, curb, gutter and sidewalk in a reasonably safe and passable manner at all times. Developer shall prepare and keep updated a 5-year road, curb, gutter and sidewalk maintenance plan and shall provide such plans to the City on request by the City but at least once every five years if the City has not requested such plan within the prior five years. 28 7. All lots shall have free access and use of the road and sidewalks located on Outlot B. Neither developer nor any future owner of Outlot B shall unreasonably obstruct or otherwise deny the use of the road or sidewalk to any resident living on any lot in Said Plat. 5200.27 Shoppes at Prairie Run A. USES: The uses on all lots of Said Plat shall be limited to uses that are permitted under the City's B-2 zoning ordinance. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet 10 feet 20 feet 20 feet 10,000 sq. feet 100 feet Lots shall be developed consistent with the site plan dated 10/04/2004 revised 12/14/2004. C. SPECIAL PUD CONDITIONS: Cross easement parking between Shoppes at Prairie Run 2 Lots 1, 2, 3 Block 1. 5200.28 Shoppes at Towne Lakes One A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. Uses on Lot 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A zoning ordinance. Uses on Lot 5 of Said Plat shall be limited to a “sit-down” (non-fast food) restaurant otherwise permitted under the City’s B-2A zoning ordinance. No other type of use on said lot shall be allowed under this agreement without a modification to this agreement. The use on Lot 6 shall be limited to a motel permitted under the City’s B-2A zoning ordinance. No other type of use on said lot shall be allowed under this agreement without a modification to this agreement. Uses on Lots 2, 3, and 4 shall comply with the City’s B-2A zoning ordinance except where flexibility from the provisions of such ordinance has been granted via this PUD. 29 B. LOT REQUIREMENTS AND SETBACKS: All minimum building setbacks shall be as follows: 1. For Lot 2, a minimum building setback of 20 feet from West Lake Town Drive and Linwood Drive right of ways shall apply. 2. For Lot 3, a minimum building setback of 25 feet from Wright County State Aid Highway 19 shall apply, provided Developer constructs the building shown on the plan set dated 10/06/2003 and revised 09/17/2004 in the configuration and of substantially the same materials as shown. 3. For Lot 4, a minimum building setback of 20 feet from Langford Drive and all private streets shall apply. 4. For Lot 5, a minimum building setback of 25 feet from the private street along the west property line and 30 feet along the north property line shall apply. 5. For Lot 6, a minimum building setback of 29 feet, 4 inches from Langford Drive shall apply for the main portion of the building, provided that an attached structure as shown on the plan set dated 10/06/2003 and revised 09/17/2004, housing an indoor pool may be constructed at a minimum building setback of 20 feet from the right of way of Langford Drive. 6. For any of the lots on Said Plat, if a minimum setback along one of the private streets has not been otherwise specified, such minimum setback shall be at least 20 feet. C. SPECIAL PUD CONDITIONS: A reduction of 24 parking stalls in combined parking on Lots 5 and 6 based on the building square footages shown on the plan set dated 10/06/2003 and revised 09/17/2004 and based on the use of Lot 5 as a sit down restaurant and Lot 6 as a motel is hereby approved. For Lots 1, 2, 3 and 4, the combined parking requirements shall exceed those required in the B- 2A zoning district by a total of 7 parking spaces as shown on the plan set dated 10/06/2003 and revised 09/17/2004. A conditional use is granted to allow impervious surfaces to exceed the 25% maximum allowed under the City’s shoreland ordinance provided the property is developed in accordance with the terms of this Ordinance, and provided that the following requirements are implemented as to all development which occurs on Said Plat: 1. No building shall exceed 25 feet in height, except the building to be placed on Lot 6, which shall not exceed 40 feet and 1 inch in height (as defined under the City’s zoning ordinance). A variance is hereby granted from the height provision of the City’s shoreland ordinance to allow the building to be constructed on Lot 6 to a height not to exceed 40 feet and 1 inch. 2. The City may impose reasonable building requirements on any building not detailed on the plan set dated 10/06/2003 and revised 09/17/2004 in an effort to 30 reduce visibility of the building from the public waters of adjacent shorelands by vegetation, topography, and building color. 3. For each lot upon which impervious surface will exceed 50% of the lot area, all buildings must be set back at least 300 feet from the ordinary high water mark of School Lake or must implement and maintain rain gardens, depressions, storage and filtration systems in a manner that reduces the storm water runoff for each such lot to a total volume that would be achieved if the impervious surface lot coverage were less than 50% of the lot area. 5200.29 Shoppes at Towne Lakes Two A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. The uses on Lot 2, Block 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A zoning ordinance, subject to the following restrictions: Developer agrees that the restaurant located on Lot 2, Block 1 of Said Plat shall be at least 4,000 square feet in size; The restaurant located on Lot 2, Block 1 shall be a free standing, single use building (i.e. the building shall be occupied by no more than one use and one user at any given time); Lots 3 and 5, Block 1. The use on Lot 3, Block 1 of Said Plat shall be limited to a restaurant permitted under the City’s B-2A zoning ordinance, subject to the following restrictions: Developer agrees that the restaurant located on Lot 3, Block 1 of Said Plat shall be at least 8,000 square feet in size and shall be restricted to a “sit- down” restaurant otherwise permitted in the City’s B-2A zoning district. For purposes of this Agreement, a “sit-down” restaurant means a restaurant in which customers seated at individual tables order and are served food by waiters and/or waitresses and no more than a total of 15% of food sales are pick-up, delivery, and carry-out orders which are eaten at off-premise locations. The building constructed on this lot shall not be permitted to have a drive-up window where customers can order or pickup food from their cars; The restaurant located on Lot 3, Block 1 of Said Plat may provide an outdoor dining area in direct connection to the sales within said restaurant. 31 Restaurants located on Lot 3, Block 1 and Lot 2, Block 1 shall be free standing, single use buildings (i.e. each building shall be occupied by no more than one use at any given time) The exact locations, configurations and building designs of restaurants located on Lot 3, Block 1 and Lot 2, Block 1 are subject to approval by City Council. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width B-2A 35 feet 10 feet* 35 feet* 20 feet* 1 acre 150 feet *Except not less than thirty five feet (35') when abutting an R district or adjacent to a public street. The B-2A zoning district minimum setbacks shall apply to all buildings in Said Plat, except as follows: Lot 1, Block 1 a minimum building setback of 20 feet from Linwood Drive and all private streets shall apply Lot 1, Block 1 a minimum building setback of 25 feet from County State Aid Highway (“CSAH”) 19/Labeaux Ave. right of way shall apply Lot 3, Block 1 a minimum building setback of 25 feet from CSAH 19/Labeaux Ave right of way shall apply Lot 4, Block 1 a minimum building setback of 20 feet from Linwood Drive NE and all private streets shall apply For any of the lots on Said Plat, if a minimum building setback along one of the private streets has not been otherwise specified, each minimum setback shall be at least 20 feet C. SPECIAL PUD CONDITIONS: No outdoor displays shall be permitted on any property within said plat, outdoor dining is allowed per City Code and shall not be considered an outdoor display. 5200.30 Towne Lakes 1st Addition & 2nd Addition A. USES: Single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: 32 Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15-20 feet* 5-10 feet** 15/20 feet*** 25 feet**** - - *Front setback to porch: 15 feet/Front setback to garage: 20 feet. **Side yard setback interior: 10 feet from living space/garage may be 5 feet from property line provided that there is 15 feet between structures on adjoining lot. ***Side yard setback corner to garage: 20 feet ****Rear setback to lakeshore: 50 feet C. SPECIAL PUD CONDITIONS: Lot area to match final plat. Lot width to match final plat. 5200.31 Towne Lakes 3rd Addition A. USES: Single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15-24 feet* 5-10 feet** 15/20 feet 25 feet - - *Front yard setback to garage: 24 feet/ Front yard setback to porch: 15 feet **Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings Garage recessed a minimum of 9 feet from front of house Side yard setback corner garage: 20 feet C. SPECIAL PUD CONDITIONS: The Towne Lakes 3rd Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. 5200.32 Towne Lakes 4th Addition 33 A. USES: Townhomes per plan set approved (11/17/2003) that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Between Buildings) Side (Corner) Rear Lot Area Lot Width 15/11 feet* 25 feet** 20 feet 25 feet*** - - **Building separation: Units 22, 23, 27, 28 block 2 : 17 feet **Building separation: Units 4, 5, 10, 11, block 1 : 20 feet ***Rear setback to alley: 20 feet ***Rear setback to driveway off alley: 25 feet *Front yard setback from private driveway: 15 feet to garage/11 feet to porch C. SPECIAL PUD CONDITIONS: The Towne Lakes 4th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. 5200.33 Towne Lakes 5th Addition A. USES: Single family dwelling uses that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15-24 feet* 5-10 feet** 15/24 feet*** 25 feet - - *Front yard to garage: 24 feet/15 feet to porch **Side yard to garage interior lot: 5 feet/10 feet dwelling/15 feet between houses Garage recessed minimum of 9 feet from front of house ***Side yard to garage corner lot: 24 feet 34 C. SPECIAL PUD CONDITIONS: The Towne Lakes 5th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. 5200.34 Towne Lakes 6th Addition A. USES: Townhomes per architectural plan set dated 06/01/2017 and site plan dated 06/02/2017. Single Family dwellings, permitted accessory use allowed in the R-1A Residential Low-Density Single Family zoning district on Lots 1-5, Block 2 Towne Lake 6th Addition. B. LOT REQUIREMENTS AND SETBACKS: LOTS 1-42 BLOCK 1. (Townhomes) Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 16/22 feet* 8 feet between buildings 12/8 feet** N/A Per the approved final plat Per the approved final plat *16 foot setback from public street, 22 foot setback from the private drive. The townhomes shall maintain a minimum 8 foot setbacks between buildings. **12 foot side yard setback from public streets, 8 foot setback from private streets. LOTS 1-5 BLOCK 2. (Single family homes) Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15/24 feet* 5/10 feet** N/A 25 feet 9,357 sq. feet 65 feet *15 foot front yard setback for porch or house, 24 foot setback between garage and the front lot line. **5 foot setback for garage and 10 foot setback for living space of the house, 15 feet between homes on adjoining lots. C. SPECIAL PUD CONDITIONS: 1. Townhome building designs and exterior finish per building plans date 06/01/2007. 2. Private streets shall be signed “no parking / fire lane”. 3. Townhome units shall have a minimum garage size of 440 sq. ft. 35 4. The Towne Lakes 6th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. 5200.35 Towne Lakes 7th Addition A. USES: All single family dwellings that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 15-24 feet* 5/10 feet** 15 feet 25 feet*** - - *Front yard setback to garage: 24 feet/Front setback to porch 15 feet **Side yard setback to garage: 5 feet/10 feet living space/15 feet between dwellings Garages recessed a minimum of 9 feet from front of house ***Rear yard setback Lot 1, Block 4 & Lot 5, Block 5: 10 feet C. SPECIAL PUD CONDITIONS: The Towne Lakes 7th Addition shall be subject to the master homeowner’s association established with the Towne Lakes 1st and 2nd Additions. 5200.36 Westwind 2nd Addition A. USES: All single family dwellings, permitted accessory uses, conditional uses, and interim uses contained in the R-3 zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 20 feet 10 feet 30 feet 30 feet 9,000 sq. feet* 80 feet C. SPECIAL PUD CONDITIONS: *Minimum lot area 9,000 square feet 36 5200.37 Westwind 3rd Addition A. USES: All townhomes per approved plans dated 02/14/2008 defined in this ordinance that are consistent with the comprehensive plan shall be treated as allowed uses within a PUD district. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet* 15 feet** - 30 feet - - *35 foot front yard setback from frontage road Side yard setback along public Right of Way (ROW): 20 feet **15 foot sideyard setback from west lot line 10 foot sideyard setback from east lot line Building location shall be per approved site plan dated 02/14/2008 C. SPECIAL PUD CONDITIONS: Use and site design limited to 02/14/2008 approved site plan. 5200.38 6737 Labeaux Avenue A. USES: All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the B-2A zoning district defined in this ordinance that are consistent with the zoning performance standards shall be treated as allowed uses within a PUD district. Light manufacturing/industrial permitted. B. LOT REQUIREMENTS AND SETBACKS: Setbacks Front Side (Interior) Side (Corner) Rear Lot Area Lot Width 35 feet 10 feet 35 feet 20 feet 1 acre 150 feet C. SPECIAL PUD CONDITIONS: 1. Within the approved PUD/B-2A shall follow the conditions set forth below: a. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy. 37 b. The site shall abide by all B-2A zoning restrictions. c. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code, then connection to city utilities will be required. d. The parking shall be consistent to the submitted site plan with the following conditions: 1) The number of required parking stalls shall be determined by the tenant mix and use of floor space. 2) The parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped accordingly. 3) The parking area on the east side of the building shall be designed and constructed in full compliance with city code. Without construction details, the parking area is not approved as of the date of passage of this ordinance. 4) All areas beyond the approved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. 2. Within the approved PUD/B-2A, any future building expansions above and beyond the site plan must meet city code and follow the PUD/B-2A regulations. 3. Within the approved PUD/B-2A, permitted land uses shall be limited to the following: a. All permitted uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 4. Within the approved PUD/B-2A, permitted accessory uses shall be limited to the following: a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 5. Within the approved PUD/B-2A, permitted conditional uses shall be limited to the following: a. All permitted conditional uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. b. Light Manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways. 1) Required parking for the use shall be of a paved surface. 2) On site loading and delivery shall meet the conditions of chapter 1300 of the Albertville Zoning Code. 3) All trash and or recycling equipment shall be located within a trash enclosure or within the building. 4) Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates 38 other objectional impacts or nuisances on the adjoining properties or the environment. 6. Outdoor Storage Areas as an Interim Use Permit provided that: a. The outdoor storage area shall meet all of the performance standards of Section 1000.7 of Albertville Zoning Code. b. The outdoor storage area meets lighting standards set forth in Section 1000.15 B.5. of Albertville Zoning Code. 7. Prohibited Uses include all those set forth in Section 4350.5 of the B-2A Zoning District. 8. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply. 9. The maximum building height shall follow the regulations in Section 4350.7 of the B-2A Zoning District. 10. Any and all permitted, conditional, and accessory uses allowed withing the B-2A Zoning District shall meet the special landscaping requirements of Section 4350.8 of the Albertville Zoning Code. 11. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the architectural standards of Section 4350.9 of the Albertville Zoning Code. 12. All new tenants will have to provide enough parking for their specific land use and follow all off street parking requirements set forth in Chapter 1200 of the Albertville Zoning Code. 13. Tenants shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. Section 2. This Amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this ____ day of May 2023. Jillian Hendrickson, Mayor ______________________________ Kris Luedke, City Clerk 39 APPENDIX Hunters Pass Estates Phase I Approved Setbacks Hunters Pass Estates 2nd Addition Phase II Approved Setbacks 40 Hunter’s Pass Estates-Phase I Minimum Lot Setback Summary Minimum Setbacks are as follows: Front-30, Rear-30, Garage Side-5, Home Side-10 (All dimensions are in feet, N-North, S-South, E-East, W-West, C-Center) Minimum Front Setback Direction of Front Face of Home Side of Lot for Garage and Drive Block 1 Lot 1 30 E S Lot 2 30 E N Lot 3 30 SE N Lot 4 30 SW E Block 2 Lot 1 70 W S Lot 2 30 W S Lot 3 30 W N Lot 4 45 W N Lot 5 75 SW N Lot 6 30 SW N Lot 7 30 SE N Lot 8 30 E N Lot 9 38 NE N Lot 10 38 E N Lot 11 45 E S Lot 12 45 SE C Lot 13 65 S C Lot 14 55 SW C Lot 15 45 SW C Lot 16 32 W S Lot 17 32 NW N Lot 18 42 W N Lot 19 46 W N Block 3 Lot 1 30 S W Lot 2 30 SW E Lot 3 30 SW E Lot 4 30 SW E Lot 5 30 SW N Lot 6 30 W N Lot 7 35 NW N Lot 8 65 NW W Lot 9 140 NW W 41 Minimum Front Setback Direction of Front Face of Home Side of Lot for Garage and Drive Block 4 Lot 1 67 E N Lot 2 60 E N Lot 3 58 E N Lot 4 58 E N Lot 5 57 E S Lot 6 48 E S Lot 7 42 NE N Lot 8 30 NE W Lot 9 30 NE W Lot 10 30 NE E (Lot 10 has 30 side setback on west side) Block 5 Lot 1 30 W C (Lot 1 has 30 side setback on west side) Block 6 Lot 1 50 W S Lot 2 50 NW S Lot 3 60 W S Lot 4 35 W S Lot 5 30 W S Lot 6 30 NW E Lot 7 30 N W Lot 8 30 NE S Lot 9 30 NE S Lot 10 30 E S Lot 11 31 SE S Lot 12 32 SE S Lot 13 35 SE S Lot 14 30 E S Lot 15 35 E S Lot 16 36 E N Lot 17 43 E N Lot 18 50 E N Lot 19 40 SE N Lot 20 32 SE N Lot 21 30 E N Lot 22 30 NE W 42 Hunter’s Pass 2nd Addition-Phase II Minimum Lot Setback Summary Minimum Front Setback Minimum Side Setback-House Side Minimum Side Setback-Garage Side Minimum Rear Setback Block 1 Lot 1 58 10 5 30 Lot 2 46 10 5 30 Lot 3 35 10 5 30 Lot 4 30 10 5 30 Lot 5 30 10 5 30 Lot 6 30 10 5 30 Block 2 Lot 1 30 10 5 10 Lot 2 30 10 5 10 Block 3 Lot 1 38 10 5 10 Lot 2 46 10 5 10 Lot 3 38 10 5 10 Lot 4 38 10 5 10 43