HomeMy Public PortalAbout449CITY OF MEDINA
ORDINANCE NO.449
AN ORDINANCE CREATING THE UPTOWN HAMEL-1 ZONING DISTRICT
AND UPTOWN HAMEL-2 ZONING DISTRICT;
ADDING NEW SECTIONS 834.1 AND 834.2.
The city council of the city of Medina ordains as follows:
SECTION I: New Medina Code Section 834.1 is being added as follows:
834.1 ZONING — UPTOWN HAMEL-1 DISTRICT
Section 834.1.01. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel
area that is an attractive, pedestrian -friendly, mixed -use town center, by using building facades,
porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail,
office, higher -density housing, specialty shops, and gathering spots into a unified and viable
community. All new development within the Uptown Hame1-1 district shall include at least 10
residential units per net acre in order to achieve the density described by the Mixed Use -Business
land use described with the city's Comprehensive Plan.
Section 834.1.02. Permitted Uses. Within the Uptown Hame1-1 district the following shall be
permitted uses subject to site plan approval and other provisions of this district. A combination
of the following uses is allowed on a particular parcel but not required. All new development
must include a residential component with a density of at least 10 residential units per net acre.
Uses which are not specifically listed but are determined by the city to be substantially similar to
a use that is excluded below shall not be permitted.
(1) Residential Dwellings with a density of greater than 10 and up to 45 units per net acre
(2) Office Uses
(3) Retail Uses, except Pawn Shops and Adult Establishments
(4) Service Uses, except Rental Centers, Hospitals, Animal Hospitals, Adult Establishments,
Services delivered off -site, including but not limited to, building/lawn contractors,
electrical and other skills trades and pest control, and Services related to automobiles
(5) Public Off Street Parking Lot or Ramps, subject to the standards established under
Section 834.1.07. Subd. 2.
(6) Public Services
(7) Parks and Open Space
Section 834.1.03. Conditional Uses. The following uses are allowed in the Uptown Hame1-1
district by conditional use permit. A conditional use must include a residential component that
has a density of 10 — 45 units per net acre.
(1) Drive -In Service Businesses
(2) Pet Shop
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August 6, 2008
(3) Veterinary Clinic
(4) Assisted Living Facility, if it meets the residential density requirements of the UH-1
district
(5) Essential Public Utility and Service Structures
(6) Outdoor Dining, Drinking or Entertainment area
Section 834.1.04. Accessory Uses. Within the Uptown Hamel-1 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(1) Off -Street Parking and Loading
(2) Signs
(3) Home Occupations
(4) Temporary Outdoor Display of Goods used in conjunction with and on the same site as
the permitted use or conditional use, provided that the goods are not outdoors overnight
and the storage or display area does not exceed 100 square feet.
(5) Outdoor Recreational Sports Courts, which are only permitted as accessory uses with
conditions.
Section 834.1.05. Interim Uses. Within the Uptown Hamel-1 district, the following interim
uses, if existing prior to the effective date of this ordinance, shall be allowed without obtaining
an interim use permit until such time as the property is redeveloped. If an interim use is
damaged or destroyed by fire, storm, or other hazard, it may be reconstructed without obtaining
an interim use permit, if a building permit is applied for within 180 days of the event causing the
damage. Expansion of the use or improvement of the property in an amount greater than 50
percent of its current value shall be permitted only by interim use permit.
(1) Residential dwellings which do not meet the minimum density requirements of the
Uptown Hamel-1 district.
(2) Minor Auto Repair.
(3) Electrical and other Skill Trades provided there is no outside storage.
(4) Sauna Manufacturing and Assembly.
Section 834.1.06. Lot, Setback and Building Size Requirements. The following requirements
shall be observed, subject to additional requirements, exceptions and modifications set forth in
other sections of this ordinance.
Subd. 1. Minimum Lot Area: No Minimum. If proposing a reduction in lot area, the
applicant must be able to demonstrate a viable use for the lot.
Subd. 2. Minimum Lot Width: No Minimum. If proposing a reduction in lot width, the
applicant must be able to demonstrate a viable use for the lot.
Subd. 3. Minimum Front Yard Setback: None, unless an easement or other similar
dedication is needed for pedestrians, utilities, street, or similar purpose for the area or for
the block in which the property is located.
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August 6, 2008
Subd. 4. Maximum Front Yard Setback: All principal buildings shall be located within
10 feet of the front lot line, unless the parcel has more than two acres and more than one
principal building.
Subd. 5. Minimum Side Yard Setback: None, if the outside wall has no openings and is
in compliance with the Building Code. An eight foot setback is required, if there are
openings, windows and doors, in the side wall and where appropriate to provide
pedestrian plaza space to link buildings, sidewalks, plazas, parking, and similar functions.
Subd. 6. Minimum Rear Yard Setback: An amount determined by the city which is
necessary to provide adequate parking, access and loading for people and goods, fire
access/control or to meet other ordinance requirements.
Subd. 7. Building Size: No individual commercial use or tenant space shall have a ground
floor area greater than 12,000 square feet.
Subd. 8. Minimum Lot Size per Dwelling Unit (Single Family or Multi -Family): 968
square feet.
Subd. 9. Impervious Cover. The maximum percentage of impervious surface cover shall
be no more than 90 percent so long as the site was part of the 2005 city stormwater
improvement project, or is larger than two acres and has been required to provide on -site
ponding to accommodate run-off. If the site was not part of the 2005 city stormwater
improvement project or if the site is larger than two acres and has not been required to
provide on -site ponding, the maximum percentage of impervious cover shall be limited to
20 percent. A site may exceed this 20 percent limit if the development incorporates
various Low Impact Design (LID) features and/or Best Management Practices (BMPs)
such that no net increase in runoff occurs from the site, as determined by the City
Engineer.
Section 834.1.07. Design and Development Standards. Design and developments standards
are established for this district to achieve an attractive, liveable and viable town center consistent
with the purpose of this district and to assure that land uses, buildings and functions are
compatible within the district. Additional standards may be identified during the review and
approval process, due to the particular characteristics of each site, the proposed development of
the site, and the uses on adjacent property. The plans and proposed use of a property shall
conform to the design and development standards prior to approval of a construction or land use
permit. The applicant or owner shall supply plans and data necessary to demonstrate such
conformance.
Subd. 1. Buildings - Architectural Standards:
(a) General. All new buildings, structures, expansions, remodeling, and development
plans shall conform to these design standards and be compatible and
complementary to the buildings proposed to be retained downtown. Elements of
compatibility include, but are not limited to: building height, form, mass and
bulk, fenestration, exterior material appearance, color, exterior material durability,
detailing, setbacks, landscaping, exterior lighting and site improvements.
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August 6, 2008
(b) Building - Street. Building design shall make the street visually more interesting,
functionally more enjoyable and useful and economically more viable. Buildings,
porches, and plaza spaces shall be designed to bring the building and its activity
more in contact with the street.
(c) New Building and Major Expansions. New buildings and major expansions of
existing buildings should be compatible with adjacent and nearby buildings.
Buildings shall be designed and oriented consistent with this ordinance, proposed
use of the property, uses on adjacent properties and nearby amenities. Buildings
shall be designed and oriented so as not to detract from one another or vistas.
Views from the residential areas should be protected. Where these views exist,
partial loss of the view may be an unintended but justified result when
development takes place consistent with other provisions of this ordinance.
Entrances shall be placed for easy access from the street. Utilities shall be placed
underground and meters and transformers shall be hidden from view.
(d) Integrate — Coordinate. New buildings, structures, remodeling and expansion shall be
integrated and coordinated with development on abutting property. Elements for
integration and coordination include, but are not limited to, sidewalk and
pedestrian ways and their continuity; site lighting; site access; building
orientation; building entrances; and utilitarian functions which are to be totally
screened from view or which are contained within the building and which include
loading, trash, and mechanical and electrical equipment.
(e) Porches (Overhangs — Canopies — Arcades). Porches, which overhang into walks, are
one of Uptown Hamel's trademarks. These features should be preserved,
enhanced, and improved. New commercial structures on Hamel Road and Sioux
Drive are expected to be designed and constructed with these features. New
porches, arcades or similar structures which overhang or extend into the right-of-
way may be allowed by the city through approval of the plan, but must be
supported in a way which does not obstruct the traveled portion of the right-of-
way. The property owner may be required to obtain a license from the city or to
execute an agreement with the city governing its use, maintenance and other
factors.
Porch/Overhang/Canopy/Arcade Design criteria/guidelines are as follows:
i. Height: If projecting into the public right-of-way, a pedestrian clearance of
at least eight feet and a height consistent with the architecture of the
building shall be provided.
ii. Width: At least six feet.
iii. Columns: Shall be traditional in design and made from durable materials
such as finished anodized metal, wrought iron or wood in a color
compatible with the building. Wood columns must be cedar or redwood
lumber, at least six inches by six inches, which may be stained or painted.
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August 6, 2008
Columns are not allowed to be affixed to the ground within the right-of-
way.
iv. Roof: Shall be durable and meet the wind and snow loads required by
code. Slopes should be to the street and away from pedestrians.
(f) Height. New building heights shall not exceed three stories, except as described
herein. Along all street frontages and park property lines, building heights
exceeding two stories shall have the third story set back at least six feet from the
front line of the building, and the fourth story shall be set back 12 feet from the
front line of the building. Basement levels shall not be considered a story, so long
as more than 50 percent of the basement structure is below grade at the average of
all areas around the building. Total building height shall not exceed 50 feet,
except structures such as belfries, chimneys, flues, monuments, cupolas and
domes which do not contain living space, are permitted, provided they are not
higher than 10 feet above the height of the building. In the case that the distance
from grade to the eave (or top corner of a flat roof) of a structure exceeds 30 feet,
additional fire suppression apparatuses may be required by the city. A fourth
story may be allowed if ten percent of residential units are dedicated affordable
housing units.
(g) Materials. Exterior materials shall consist of one or more of the following: natural
brick, stucco, stone, wood and glass. Treated or anodized metal may be used for
trim.
(h) Roofs. Roofs may be pitched, mansard, flat, or planted "green roofs." Flat roofs shall
have an architectural treatment (a "cap") of an acceptable design. On pitched
roofs, materials and colors must be compatible with the district. All roof run-off
must drain onto the property that creates the run-off. Rain gardens are
encouraged.
(i) Equipment. Equipment shall not be mounted on the roof unless it can be
demonstrated that there is no other reasonable alternative. If allowed, rooftop
equipment shall be screened using the architectural elements and material from
the building, provided they are consistent with these design standards.
(j) Fenestration — Modulation. Windows and openings shall be generous, especially on
the street side, and their placement and design shall express the pedestrian -
friendly, livability of the town center. To this end, third stories or higher must be
tiered back from the street a minimum of six feet per story. Buildings shall be
modulated a minimum of once per 40 feet in frontage to avoid long, monotonous
building walls. This modulation may include varying building height, building
setback, or building materials/design. At the street level, at least 30 percent of the
favade should be glass in windows and doors.
(k) Landscaping and Setbacks. At least 5 percent of the site shall be plaza or landscaped.
Landscaping shall consist of a combination of: decorative deciduous and
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August 6, 2008
coniferous trees, shrubs, flowers, ground covers and rain gardens. Landscaped
areas and pockets shall be delineated and separated by any of the following:
curbing, decorative fencing, decorative walls, planter boxes, containers, "cut outs"
in a plaza, or by similar means. An approved plaza in which at least 20 percent of
the plaza is open to the ground allowing full penetration of water into the ground
can be counted to meet this requirement. All that part of the site not taken up by
buildings, walks, or plazas or approved parking and loading shall be landscaped.
Grades and drainage must meet city requirements.
(1) Fences and Walls. Fences and walls shall be decorative using a traditional design and
may be used to delineate and separate spaces and to protect topographic change.
Fence material shall be wrought iron, anodized steel or aluminum, or wood.
Walls shall be made of brick, concrete brick, decorative block, cedar or redwood
or stucco on concrete. Fences and walls shall not be located to prevent desirable
access through areas.
(m)Utilities. All utilities serving the buildings and facilities shall be underground.
(n) Recycling and Trash Facilities. All materials and facilities for recycling and trash
shall be kept inside the principal buildings or within a completely screened area.
If a completely screened area is used it must 1) be architecturally compatible with
and made of the same or better material used on the principal building, and 2)
meet the architectural and development standards of the district.
(o) Hazardous Materials. Provisions for storage of hazardous materials must be included
in the building and be identified on the plans.
(p) Other Materials. All storage of other materials shall be stored inside the building in a
suitable area in accordance with the approved plan.
Subd. 2. Parking and Loading Areas.
(a) Off — Street Parking. Flexibility in the number of required off-street parking spaces
and loading facilities is allowed in the Uptown Hamel-1 district because: 1) many
parcels were developed prior to enactment of parking and loading requirements;
2) some parcels are small; 3) some parcels have little open space; and 4) there is a
need to retain continuity of buildings fronting on Hamel Road and in the future on
Sioux Drive, and there is a preference for "infill" on Hamel Road to be buildings,
not parking lots or structures.
In providing this flexibility, the city will consider the use and need for parking,
the amount of off-street parking that is being provided, the amount of nearby on -
street parking, any nearby public parking lots, peak parking demands for the use,
joint use of parking facilities, and other relevant factors. In granting a parking
reduction, concern for the overall benefits to the Uptown Hamel district will be
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August 6, 2008
considered as well as use and enjoyment of adjacent properties and economic
impacts.
The city council may establish and allow a fee in lieu of required parking to be
paid towards the full number of off-street parking spaces required by the zoning
ordinance. The proceeds of this fee shall be utilized by the city to achieve
alternative parking solutions in the Uptown Hamel Districts. This fee shall be
established under the then -current city fee schedule.
(b) Flexibility to engineering standards. Because of the reasons described in Subd. 2(q)
above, reasonable flexibility may be allowed to the city's engineering standards
with regard to parking lots.
(c) Surfacing. Asphalt or concrete surface for parking and driveways shall be required in
the Uptown Hamel district. Porous asphalt or other similar pervious material
shall be encouraged. Parking areas for infrequent parking such as for special
events or for infrequent use, for example fewer than 20 times per year, may use
grasscrete or similar materials or techniques and remain in conformance with this
provision.
(d) Driveways. Driveways shall be designed to match the sidewalk grade.
(e) Landscaping and Lighting. Parking lots shall, where appropriate, have landscaped
features capable of infiltrating storm water from the parking area and decorative
lighting. The outer edges of the parking lot shall, where appropriate, have berms
with landscaping consisting of decorative or ornamental deciduous and coniferous
trees, shrubs and flowers. Small-scale parking lots are preferred over large lots.
Parking of more than 20 passenger vehicles in a row shall be broken up by
landscaped features.
(f) Landscape Watering. Provisions for watering the landscaped areas shall be
encouraged and dependent upon the design, species and variety of the plantings.
(g) Screening. Screening shall be required where:
(1) Any off-street parking area contains more than six parking places and is
within 30 feet of an adjoining residential zone.
(2) Where the driveway to a parking area of more than six parking spaces is
within 15 feet of an adjoining residential zone or a single-family development.
(h) Parking Lots in Front of Buildings are Prohibited. Except for parcels containing two
or more acres and having more than one principal building, there shall be no
parking between the principal building and 1) the front property line or 2) the side
lot line abutting a street.
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August 6, 2008
(i) Pedestrian Movement. Provisions for pedestrian movement into and through parking
lots where required shall be included. Patterned pavement, decorative lighting
and associated facilities shall be provided as may be appropriate.
(j) Parking Ramps. Up to two levels of parking above grade may be allowed provided it
is consistent with the scale of the development in the area and provided it meets
the architecture standards including materials and other design standards of the
district.
(k) Loading Docks and Areas. Due to the age, scale of development, and the limitation
on building bulk, providing a loading dock is optional. However, access to
adequately handle goods and materials must be provided on the site. A rear
entrance for loading area is favored over loading area from the side or front.
Loading docks, if provided, shall have a nine -ton capacity, dustless, all-weather
surface and shall not be located on the street side of a building.
(1) Outdoor Storage of Commercial Vehicles. Outside off-street storage of one
commercial vehicle not to exceed 12,000 lb. of gross vehicle weight and not more
than 24 feet in length shall be permitted for each 5,000 square feet of gross floor
area in the principal structure. Vehicles shall have a current and valid license, and
shall be in operable condition, for use on the public streets, actively used for the
approved use on the site and moved on a daily basis when the use is open for
business.
Subd. 3. Residential Dwellings.
(a) Preservation. Natural features and site amenities such as the wooded area called The
Preserve shall be encouraged to be preserved.
(b) Building Placement. To the extent possible, buildings shall be located consistent
with the results of a site analysis and the existing grades of the land and the
location of trees and other environmental features.
(c) Grades. The grade of a private roadway, driveways and parking lots that exceed five
percent, must be approved by the city engineer.
(d) Fire Lanes. Lanes for fire access shall be provided as determined necessary by the
city fire code.
(e) Underground Parking. For efficiency, benefit and safety of the residents, and to
conserve land, buildings shall provide for inside parking at a ratio of at least one
space per dwelling unit.
(f) Outside Storage of Trash, Boats or Special Vehicles. There shall be no outside
storage of trash or debris except when stored in trash containers and fully
screened from view. If a completely screened area is used it must 1) be
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August 6, 2008
architecturally compatible with and made of the same or better material used on
the principal building, and 2) meet the architectural and development standards of
the Uptown Hamel-1 district. All special vehicles including, but not limited to,
unlicensed vehicles, recreational vehicles, motor homes, camping trailers, other
trailers, boats, jet skis, snowmobiles, lawn tractors, and all terrain vehicles shall
be stored in a building.
(g) Sidewalks and Trails. Complete plans shall be provided for proposed sidewalks and
trails to serve parking and recreation areas, and to serve areas within the proposed
development to link the city's trail system.
Subd. 4. Places Open to the Public:
(a) Plazas. Plazas or small extensions of the sidewalk into or on private property are
encouraged especially at key focal points and selected locations. Plazas will serve
as a unifying link between businesses and sidewalks. The design and form of the
plazas shall accommodate social and business interaction, provide a setting for
buildings, sidewalks and other plazas, and should accommodate sitting, watching
and in some instances outdoor food services. Plazas shall include special
pavements (for example, concrete brick pavers or exposed aggregate), decorative
lights and decorative trees, shrubs and flowers with emphasis on providing a
variety of color, texture, and form throughout the year. Electrical services and
other utilities within the plaza shall be underground. Outlets for
decorative/festive lighting and for other social and business activities shall be
provided, and rain gardens are encouraged. Decorative fences and walls will be
used to delineate spaces and to accommodate grade changes. Plaza furniture is
encouraged including benches, drinking fountains, bike racks, waste containers,
kiosks, and decorative signs and plaques. Monuments and sculpture will be
encouraged e.g. clock towers, gazebos, water fountains, etc. Water spigots for
cleaning and for watering trees and plants will be conveniently and discretely
provided.
(b) Monuments. Monuments, sculpture and similar art works are encouraged in
public and private plazas to enhance the setting and to contribute to the
pedestrian -friendly, livability of the town center.
Subd. 5. Other:
(a) Buffers. Buffers may be required between different land uses or different functions
such as commercial abutting residential or a loading dock/area abutting an office.
Buffers are to be achieved by using any of the following: landscaping, decorative
walls, decorative fencing, or landscaped berms.
(b) Outdoor Speakers. All forms of outdoor speakers are prohibited, except for financial
institutions.
(e) There shall be no outdoor storage of trash, trash containers, or debris of any kind.
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August 6, 2008
Subd. 6. Additional Design and Development Standards — Conditional and Interim
Uses: The following additional design and development standards are identified for the
uses listed below. Standards in addition to those listed below may be identified during
the review and approval process, due to the particular characteristics of each site, the
proposed development of the site, and the uses on adjacent property.
(a) Drive -In Service Businesses.
i) No drive-in service shall be provided between the hours of 10:00 p.m. and
6:00 a.m.
ii) All trash and debris shall be stored inside the building in an appropriately
designed area preferably at or near the loading -unloading area.
iii) No new drive-in service shall have a drive way within:
(1) 100 feet of an improved intersecting street
(2) 100 feet of a zoning district that is exclusively residential
(b) Pet Shop.
i) No outside space shall be used for showing or keeping animals.
ii) The plan for ventilation, location of windows, and doors shall be designed to
reduce noise and potential for noise violations.
(c) Veterinary Clinic
i) No large outside animal pens, cages or runs shall be allowed, except an
enclosed area no larger than 10' x 10' (100 sq. ft. or less) shall be permitted
for animals to relieve themselves or to be observed by veterinary staff All
animal wastes shall be properly removed and disposed of on a daily basis.
ii) No long-term or overnight kennel operations shall be permitted, unless the
animal is held for observation for specific medical conditions or reasons.
iii) The plan for ventilation, location of windows, and doors shall be designed to
reduce noise and potential for noise violations.
(d) Assisted Living Facility.
i) A sufficient quantity of the units shall qualify as dwelling units to meet the
residential density requirements of the UH-1 district.
ii) Sufficient parking shall be provided for residents, guests, and employees.
(e) Essential Public Utility and Service Structures.
i) Such uses shall not be of an industrial nature unless it can be demonstrated to
the city's satisfaction that such uses cannot be located in a more suitable
location and the function of the use must be to serve Uptown Hamel.
ii) Building placement, designs, materials, and architectural treatments, must be
consistent with this ordinance.
(f) Outdoor Dining, Drinking, and Entertainment Areas.
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August 6, 2008
(g)
i) Shall be allowed only in connection with a restaurant or bar which has inside
seating for at least 20 people. Roof -top dining is encouraged and must have
suitable access and safety measures for patrons and employees.
ii) The outdoor dining/drinking/entertainment area shall not be larger than one-
half of the inside seating area.
iii) The outdoor dining/drinking/entertainment area shall be delineated by
decorative fencing, landscaping, building walls or some combination of these
or similar features, and may be included in the green space areas with the use
of pervious surface materials.
iv) If the sale of intoxicating liquor is inside, the outside area may be required to
have all access to the space from only inside the principal building.
v) The establishment's hours of operation may be limited and noise reduction
measures may be required in order to minimize impact on surrounding land
uses.
Minor Auto Repair
i) The plan for ventilation, location of windows, and doors shall be designed to
reduce noise and potential for noise violations.
ii) Equipment specifications and impact information such as vibration and noise
reduction may be required by the city.
(h) Skill Trades Provided there is no Outside Storage.
i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or
recycling material or trash.
ii) The building's design for ventilation, location of windows, and doors shall be
configured to reduce noise and potential for noise violations.
iii) Equipment specifications and impact information such as vibration and noise
reduction may be required by the city.
(i)
Sauna Manufacturing and Assembly.
i) The building's design for ventilation, location of windows, and doors shall be
configured to reduce noise and potential for noise violations.
ii) Equipment specifications and impact information such as vibration and noise
reduction may be required by the city.
iii) Loading areas must be sufficient for deliveries of supplies and products.
Section 834.1.08. Review and Approval Process.
Subd. 1. Concept Plan: A concept plan must be prepared for development, expansion,
remodeling or redevelopment of property in the Uptown Hamel-1 district pursuant to the
concept plan review procedures specified in Section 827.33 of the zoning ordinance.
Subd. 2. Minor Changes to Permitted Uses and Accessory Uses: The following changes
may be approved by city staff upon a written finding and filing the report in the property
file that the proposal meets the requirements of the Uptown Hamel-1 district.
(1) Change in the use of the property if the use is less intense and a more restrictive use,
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August 6, 2008
except to convert a use to a residential use or a residential related use.
(2) Expansion of an existing building by less than 500 square feet of floor area in a single
year.
(3) Changes of less than 500 square feet to the exterior walls or surface of the building.
(4) Expansion of the parking lot by less than four spaces or less than 2,000 square feet,
whichever is less.
(5) Outdoor lighting changes involving two or fewer light poles or wall mounted fixtures
without changing the type of lighting.
(6) Changes to the topography involving less than one foot in elevation or less than 5,000
square feet of lot area.
(7) An addition to an exposed piece of rooftop equipment if the addition is less than 64
cubic feet.
The decision and action taken by the city staff may be appealed in writing to the city council
by the applicant seeking approval under this section. Appeal must be taken within 30 days
of the date of city staffs decision. Action taken by the city council shall be considered
final.
Subd. 3. Changes Which are not Minor to a Permitted or Accessory Use — Site Plan
Review Procedure: Site Plan. A site plan shall be prepared for development, expansion
or change in use of the property. Buildings shall be designed and oriented consistent with
this ordinance and other applicable city code provisions. All changes shall be reviewed
pursuant to the site plan review procedures specified in Section 825.55 of the zoning
ordinance.
Subd. 4. Conditional Uses: Conditional uses and any changes to conditional uses shall
follow the conditional use permit procedure specified in Section 825.39 of the zoning
ordinance.
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August 6, 2008
SECTION II. New Medina Code Section 834.2 is being added as follows:
834.2. ZONING — UPTOWN HAMEL-2 DISTRICT
Section 834.2.01. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel
area that is an attractive, pedestrian -friendly, mixed -use town center, by using building facades,
porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail,
office, higher -density housing, specialty shops, and gathering spots into a unified and viable
community.
Section 834.2.02. Permitted Uses. Within the Uptown Hamel-2 district the following shall be
permitted uses subject to site plan approval and other provisions of this district. A combination
of the following uses is allowed on a particular parcel, but is not required. Uses which are not
specifically listed but are determined by the city to be substantially similar to a use excluded
below shall not be permitted.
(1) Residential Dwellings with a density of greater than 10 and up to 45 units per net acre
(2) Residential Dwellings with a density less than 10 units per net acre, if combined with
another use allowed in the UH-2 district
(3) Office Uses
(4) Retail Uses, except Pawn Shops and Adult Establishments
(5) Service Uses, except Rental Centers, Hospitals, Nursing Homes, Animal Hospitals, Adult
Establishments, Services delivered off -site, including, but not limited to, building/lawn
contractors, electrical and other skills trades and pest control, and Services related to
automobiles
(6) Public Off Street Parking Lot or Ramps, subject to the standards established under
Section 834.1.07. Subd. 2.
(7) Public Services
(8) Parks and Open Space
Section 834.2.03. Conditional Uses. The following uses are allowed in the Uptown Hamel - 2
district by conditional use permit.
(1) Drive -In Service Businesses
(2) Mortuary or Funeral Home
(3) Pet Shop
(4) Veterinary Clinic.
(5) Essential Public Utility and Service Structures
(6) Religious Institutions - Including an Existing Cemetery
(7) Outdoor Dining, Drinking or Entertainment area
Section 834.2.04. Accessory Uses. Within the Uptown Hamel - 2 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(1) Off -Street Parking and Loading
(2) Signs
(3) Home Occupations
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August 6, 2008
(4) Temporary Outdoor Display of Goods used in conjunction with and on the same site as
the permitted use or conditional use, provided that the goods are not outdoors overnight
and the storage or display area does not exceed 100 square feet.
(5) Outdoor Recreational Sports Courts, which are only permitted as accessory uses with
conditions.
Section 834.2.05. Interim Uses. Within the Uptown Hamel-2 district, the following interim
uses, if existing prior to the effective date of this ordinance, shall be allowed without obtaining
an interim use permit until such time as the property is redeveloped. If an interim use is
damaged or destroyed by fire, storm, or other hazard, it may be reconstructed without obtaining
interim use permit, if a building permit is applied for within 180 days of the event causing the
damage. Expansion of the use or improvement of the property in an amount greater than 50
percent of its current value shall be permitted only by interim use permit.
(1) Residential dwellings which do not meet the minimum density requirements of the
Uptown Hamel - 2 district.
(2) Minor Auto Repair.
(3) Electronic and Computer Manufacturing.
(4) Electrical and other Skill Trades, provided there is no Outside Storage.
(5) Small Scale Light Manufacturing of Products for On -Site Retail Sales.
(6) Tire, Battery, and Muffler Stores.
Section 834.2.06. Lot, Setback and Building Size Requirements. The lot, setback and
building size requirements of the Uptown Hamel-1 district shall apply, subject to additional
requirements, exceptions and modifications set forth in other sections of this ordinance. A11 new
retail/commercial and service use buildings, including major modifications to existing buildings
are encouraged to have at least a two story design.
Section 834.2.07. Design and Development Standards.
Subd. 1. The design and development standards of the Uptown Hamel - 1 district shall apply,
subject to additional requirements, exceptions and modifications set forth in other sections
of this ordinance.
Subd. 2. Additional Design and Development Standards — Conditional and Interim Uses:
The following additional design and development standards are identified for the uses listed
below. Standards in addition to those listed below may be identified during the review and
approval process, due to the particular characteristics of each site, the proposed development
of the site, and the uses on adjacent property.
(a) Drive -In Service Businesses.
i) No drive-in service shall be provided between the hours of 10:00 p.m. and
6:00 a.m.
ii) All trash and debris shall be stored inside the building in an appropriately
designed area preferably at or near the loading -unloading area.
iii) No new drive-in service shall have a drive way within:
(1) 100 feet of an improved intersecting street.
(2) 100 feet of a zoning district which is exclusively residential.
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August 6, 2008
(b) Mortuary or Funeral Home.
i) The site plan shall provide for adequate parking and traffic circulation
including a plan for formation and movement of a funeral procession.
(c) Pet Shop.
i) No outside space shall be used for showing or keeping animals.
ii) The building's design for ventilation, location of windows, and doors shall
be configured to reduce noise and potential for noise violations.
(d) Veterinary Clinic
i) No large outside animal pens, cages or runs shall be allowed, except an
enclosed area no larger than 10' x 10' (100 sq. ft. or less) shall be permitted
for animals to relieve themselves or to be observed by veterinary staff. All
animal wastes shall be properly removed and disposed of on a daily basis.
ii) No long-term or overnight kennel operations shall be permitted, unless the
animal is held for observation for specific medical conditions or reasons.
iii) The plan for ventilation, location of windows, and doors shall be designed to
reduce noise and potential for noise violations.
(e) Minor Auto Repair and Tire, Battery, and Muffler Stores.
i) The building's design for ventilation, location of windows, and doors shall
be configured to reduce noise and potential for noise violations.
ii) Equipment specifications and impact information such as vibration and
noise reduction may be required by the city.
(f)
(g)
Electronic and Computer Manufacturing.
i) Equipment specifications and impact information such as vibration and
noise reduction may be required by the city.
ii) At least some portion of the ground floor, adjacent or oriented to the street
shall be considered for retail sales or service.
Essential Public Utility and Service Structures.
i) Such uses shall not be of an industrial nature unless it can be demonstrated
to the city's satisfaction that such uses cannot be located in a more suitable
location and the function of the use must be to serve Uptown Hamel.
ii) Building placement, designs, materials, and architectural treatments, must
be consistent with this ordinance.
(h) Religious Institutions — Including an Existing Cemetery.
i) Shared parking options shall be considered when a proposed expansion
requires more off-street parking.
ii) The site plan shall provide for adequate parking and traffic circulation
including a plan for formation and movement of a funeral procession.
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August 6, 2008
(i)
Outdoor Dining, Drinking, and Entertainment Areas
i) Shall be allowed only in connection with a restaurant or bar which has
inside seating for at least 20 people. Roof -top dining is encouraged and
must have suitable access and safety measures for patrons and employees.
ii) The outdoor dining/drinking/entertainment area shall not be larger than one-
half of the inside seating area.
iii) The outdoor dining/drinking/entertainment area shall be delineated by
decorative fencing, landscaping, building walls or some combination of
these or similar features, and may be included in the green space areas with
the use of pervious surface materials.
iv) If the sale of intoxicating liquor is inside, the outside area may be required
to have all access to the space from only inside the principal building.
v) The establishment's hours of operation may be limited and noise reduction
measures may be required in order to minimize impact on surrounding land
uses.
(j) Small Scale Light Manufacturing of Products for On -Site Retail Sales.
i) The building's design for ventilation, location of windows, and doors shall
be configured to reduce noise and potential for noise violations.
ii) Equipment specifications and impact information such as vibration and
noise reduction may be required by the city.
iii) Loading areas must be sufficient for deliveries of supply and product.
(k) Skill Trades Provided there is no Outside Storage.
i) There shall be no outdoor storage of supplies, equipment, salvage, reusable
or recycling material or trash.
ii) The building's design for ventilation, location of windows, and doors shall
be configured to reduce noise and potential for noise violations.
iii) Equipment specifications and impact information such as vibration and
noise reduction may be required by the city.
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August 6, 2008
Section 834.2.08. Review and Approval Process. The review and application process set forth
in the Uptown Hame1-1 district ordinance shall be utilized with regard to development in the
Uptown Hamel - 2 district.
SECTION III. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 6th day of August, 2008.
77-9,g
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 1 Sth day of August, 2008.
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August 6, 2008