HomeMy Public PortalAbout460CITY OF MEDINA
ORDINANCE NO.460
AN ORDINANCE RELATED TO INSTITUTIONAL LAND USES, CREATING THE
RURAL PUBLIC/SEMI-PUBLIC ZONING DISTRICT, AND
REMOVING THE URBAN INDUSTRIAL ZONING DISTRICT;
AMENDING SECTIONS 826.01, 826.21, AND 826.64 et. seq.
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section 826.01 of the Medina code of ordinances is amended to add the
underlined language and delete the language as follows:
Section 826.01. Zoning Districts. For the purpose of this Section, the City is hereby divided into
the following use districts:
Subd. 12. UI Urban Industrial. RPS - Rural Public/Semi-Public (Sections 826.64 - 826.67)
SECTION II. Section 826.21 of the Medina code of ordinances is amended to add the
underlined language and delete the strifeleugh language as follows:
Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or
land shall be used for the following uses except by conditional use permit:
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Subd. 13. Home occupations in compliance with the conditions of Section 826.98, Subd. 2
(c) of this ordinance.
Subd. 2 4. Cemeteries in compliance with the conditions of section 826.98, subd. 2 (d) of
this ordinance.
Subd. 3 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and
driving ranges in compliance with the conditions of section 826.98, subd. 2 (g) of this
ordinance.
Subd. 4 6. Wind Energy Conversion Systems (WECS) in compliance with the conditions of
section 826.98, subd. 2 (e) of this ordinance.
Ordinance No. 460
June 16, 2009
Subd 5 8. On parcels of 40 acres or larger, a second principal residential dwelling structure.
SECTION III. Sections 826.64 through 826.67 of the Medina code of ordinances are
hereby deleted in their entirety as follows:
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Ordinance No. 460 2
June 16, 2009
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(a) Minimum Lot Arca: 1 Acre
(b) Front setback: 50 feet
(c) Side and rear setback: 20 feet
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SECTION IV. The Medina code of ordinances is amended to add new Sections 826.64
through 826.68 as follows:
Rural Public/Semi-Public (RPS) District
Section 826.64. Rural Public/Semi-Public (RPS) — Purpose. The purpose of the Rural
Public/Semi-Public (RPS) is to provide a zoning district for facilities that offer public services such
as governmental, religious, recreational, conservation, open space and cemetery uses. Property in
the district is not served by City sewer and water services and is within close proximity to low -
intensity rural residential uses. As a result, limitations are established on the intensity of uses
within the district and development is regulated in a way which limits impacts on the surrounding
properties and encourages low impact development to protect and enhance the natural environment.
Ordinance No. 460 3
June 16, 2009
Section 826.65. (RPS) Permitted Uses. The following shall be permitted uses within the RPS
district, subject to applicable provisions of the city code:
(1) Parks and Open Space
(2) Essential Services
(3) Conservation uses including drainage control, forestry, wildlife sanctuaries, and facilities
for making same available and useful to public.
Section 826.66. (RPS) Conditional Uses. The following shall be permitted within the RPS
district, subject to conditional use permit approval, the specific requirements established in
Subd. 7 of Section 826.68, and other applicable provisions of the city code:
(1) Governmental Buildings
(2) Religious Institutions
(3) Cemeteries
Section 826.67. (RPS) Accessory Uses. The following accessory uses shall be permitted within
the RPS district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(1) Off-street parking and loading
(2) Signs, subject to the requirements of the sign ordinance
(3) Daycare or early childhood educational uses, subject to a conditional use permit and
the requirements established in Subd. 7 of Section 826.68.
Section 826.68. (RPS) Lot Standards and Desim/Development Standards. The following
standards shall be observed, subject to additional requirements, exceptions and modifications set
forth in the city code:
Subd. 1. Lot Standards.
(a) Minimum Lot Size: Eight acres.
(b) Minimum Area of Suitable Soils for a Septic System: a lot shall contain at least five
acres of contiguous soils suitable for a standard sewage disposal system in order for
a structure which requires sewage and/or wastewater facilities to be constructed.
Soils suitable for a standard sewage disposal system are defined in section 720
Individual Sewage Treatment Systems and in section 826.25 subd. 2. The lot must
contain a primary and secondary site for an on -site sewage disposal system.
(c) Lot Width: 275 feet
(d) Lot Depth: 500 feet
Ordinance No. 460 4
June 16, 2009
(e) Minimum Front Yard Setback: 75 feet
(f) Minimum Rear Yard Setback: 100 feet
(g) Minimum Side Yard Setback: 75 feet
(h) Minimum Parking Setbacks:
(i) Front Yard: Parking stalls, parking aisles, and fire lanes may encroach within
the required front yard setback, but shall be a minimum of 50 feet from a
property line abutting a street.
(ii) Side and Rear Yard: 100 feet
(i) Maximum Impervious Surface: Impervious surface coverage shall not exceed 40
percent of the entire lot.
Subd. 2. Building Design
(a) Maximum Building Size: The combined floor area of all structures shall not exceed
40,000 square feet. Additionally, the footprint area of all structures on a parcel shall
not exceed 35,000 square feet.
(b)
Maximum Building Height: Building height shall not exceed 35 feet. In the case that
a structure is not equipped with a compliant fire sprinkler system, the maximum
building height shall be 30 feet.
(c) Exterior Building Materials
(i) Primary exterior building materials shall consist of the following materials: brick,
natural stone, stucco, Exterior Insulation and Finish System or similar
product, fiber cement lap siding, copper, glass, decorative concrete, split
face (rock face) decorative block, and/or decorative pre -cast concrete panels.
Decorative concrete shall be color impregnated in earth tones (rather than
painted) and shall be patterned to create a high quality terrazzo, brick,
stucco, or travertine appearance.
(ii) A maximum of 20 percent of the vertical building exterior may be metal or vinyl
if used as accent materials which are integrated into the overall building
design.
(iii) Exterior materials shall not include galvanized/unfinished steel or
galvalum/unfinished aluminum.
(d) Multi -sided Architecture:
(i) Rear and side building elevations shall include design and architectural elements
of a quality generally associated with a front favade.
(ii) The elevation(s) shall be compatible with the front building elevation.
(iii) Multi -sided architecture shall not be required in situations where the rear or side
building elevation is fully screened from view from the adjacent street or
residential property.
Ordinance No. 460 5
June 16, 2009
Subd. 3. Off -Street Parking
(a) Minimum Off -Street Parking Spaces Required. Minimum parking requirements shall
be calculated using the standards of Section 828.51 and by considering all concurrent
uses which may occur on the site. The city may adjust the minimum number of
required spaces based upon other requirements of this code, specific conditions placed
on a particular use, or upon a determination that the requirements of 828.51 do not
accurately reflect the parking need on the site.
(b) Maximum Off -Street Parking Spaces Allowed. Total outside parking spaces on a site
shall not exceed 300, notwithstanding the minimum parking space requirement above.
A use may be allowed which, according to Section 828.51, has minimum parking
requirements in excess of this number. However, the city may apply necessary
conditions on such uses to limit the potential parking need and impact on surrounding
properties and right-of-ways. These conditions may include limitations on the
maximum number of persons on -site at any one time, beyond those proscribed
otherwise in this Ordinance;.
(c) Parking in Designated Areas Only. Parking shall occur only in designated areas, except
as approved by the city for special events no more than four times per year.
Subd. 4. Landscaping and Screening. Provisions shall be made for landscaping and
screening because of the proximity of property in the RPS district to low -intensity rural
residential uses. Such landscaping shall abide by the following:
(a) General requirements: The entire lot shall be landscaped, except for areas occupied
by buildings, walks, trails, parking lots, drives, loading docks, plaza space,
wetlands, wetland buffers, and woodlands. Landscaping shall include trees,
shrubs, plantings, properly maintained prairie or other native vegetation, and sod.
Areas may be seeded if approved by the city. Integrated storm water management
practices, such as vegetative swales, vegetated filter strips, bioretention, and
raingardens, shall be considered landscaping.
(b) Parking Lot Landscaping
(i) A minimum of eight percent of the total land area within parking areas shall be
landscaped.
(ii) Landscaping at least 12 feet in width shall separate parking lots into cells of no
more than 120 stalls.
(iii) Landscaping shall break up rows of parking approximately every 20 spaces.
(iv) Shade trees shall be included within the landscaping. Species selection shall be
guided by soils conditions and trees shall be planted in a way which
increases the likelihood of long-term survival.
(v) Where practical, the landscaping areas shall be designed to receive storm water
runoff from the adjacent parking area.
(vi) A headlight screen with a minimum height of 36 inches shall be installed along
the exterior of parking lots, unless the city determines that the headlight
glare has been sufficiently addressed by another means.
Ordinance No. 460 6
June 16, 2009
(c) Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per
50 feet, or fraction thereof, of lot perimeter shall be required.
(i) Size. Deciduous trees shall not be less than 2.5 caliper inches measured four
feet off ground, and coniferous trees shall not be less than six feet in height.
(ii) Location. Tree location shall be approved by the city prior to planting.
(iii) Type. Trees shall be suitable for the soil and site conditions and compliment
others in the area. Native species, as listed within the tree preservation
ordinance are required unless otherwise necessary. No more than 25 percent
of trees may be of a single species.
(iv) Credit for Preserved Trees. The city may reduce the required number of
overstory trees if an applicant preserves more existing trees than required by
Section 828.41. The city shall determine the amount of credit granted for
such existing trees.
(d) Maintenance. The property owner shall be responsible to see that the approved
landscaping plan is maintained in an attractive and well -kept condition and to
replace any landscaping that does not survive.
(e) Landscaping Guarantee. The owner shall guarantee the growth and maintenance of
all plants for a minimum of two growing seasons following an inspection of all
completed plantings. The owner shall submit a financial guarantee, in a form
acceptable to the City, prior to issuance of a building permit to ensure the planting
and survival of the plantings. Any plant which does not survive or has severely
declined (for example, 25% of the crown has died in the case of trees) shall be
replaced, and the replacement should be guaranteed for an additional two growing
seasons. The City shall retain financial guarantee in an amount necessary for any
replacements.
(f) Tree Preservation. Removal of significant trees and any construction activity shall be
subject to the requirements set forth by the City's Tree Preservation Ordinance,
Section 828.41.
Subd. 5. Outdoor Lighting. The preservation of natural darkness is a high priority within
the rural area of the City. Lighting shall be limited to the amount necessary for public
safety. Unless otherwise specified herein, outdoor lighting shall abide by the
requirements specified in the Outdoor Lighting Ordinance, Section 829. Lighting shall be
abide by the following requirements:
(a) Lighting levels at property lines and 25 feet inside of the property lines shall be
limited to 0.0 foot-candle.
(b) The City shall require active measures to be implemented to limit the intensity of
lighting and also the amount of time which extensive lighting, such as parking lot
lighting, is utilized. These measures may include, but are not limited to: shorter
light poles, separately controlled lighting zones, lighting controls based on
occupancy instead of timers, and lighting curfews.
Ordinance No. 460 7
June 16, 2009
(c) Parking and walkway lighting fixtures shall utilize full cut-off luminaries with no
more than 10 percent of light output above the horizontal plane through the light
source.
(d) Landscape and architectural lighting shall be aimed directly at the area of focus. Spill
light shall be minimized through the use of narrow distribution luminaries and
control devices such as louvers, refractors, barn doors, and glare shields.
Subd. 6. Utilities, Mechanical Equipment, and Trash and Recycling Facilities.
(a) All utilities shall be placed underground. To the extent possible, all utility
equipment, meters and transformers shall be placed either inside of the building or
within an outside mechanical court formed by walls. If not located within the
building, these items shall be fully screened from view from adjacent property and
streets through the use of opaque landscaping or walls constructed of materials
which are compatible with the building.
(b) All HVAC and other mechanical equipment shall be designed, located, and/or
screened so they are not visible from adjacent property or public streets.
(i) Rooftop Equipment. Equipment shall be screened through the use of
architectural elements and materials which are compatible with the overall
design of the building. Wood fencing or chain link fencing with slats shall
not be permitted.
(ii) Ground Equipment. Equipment shall be screened with walls which are
constructed of materials which are compatible with the building or with
landscaping which is opaque during the entire year.
(c) All trash and material to be recycled shall be stored within the principal building,
within an accessory structure, or within an enclosed outdoor area. The accessory
structure or enclosed area shall be constructed of similar materials and have
compatible architecture as the principal structure and shall abide by yard setback
requirements.
Subd. 7. Supplemental Requirements for Specific Uses within the RPS Zoning
District. In addition to the general standards specified for conditional uses in section
825.39 of the City Code and other requirements of this ordinance, the following uses shall
not be permitted unless the city council determines that all of the specific standards
contained in this subdivision will be met:
(a) Governmental Buildings
(i) the minimum lot size shall be increased to 10 acres. Additionally, the lot must
contain at least five acres of contiguous soils suitable for a standard sewage
disposal system as defined in section 720 Individual Sewage Treatment Systems
and in section 826.25 subd. 2. The lot must contain a primary and secondary site
for an on -site sewage disposal system;
(ii) the minimum lot width shall be increased to 500 feet;
Ordinance No. 460 8
June 16, 2009
(iii) shall abut an arterial roadway as identified in the comprehensive plan;
(iv) no exterior bells or loudspeakers;
(v) direct views of parking lots and structures from surrounding residential properties
shall be effectively screened. This may include the requirements for additional
plantings than required in the landscaping requirements above;
(vi) the largest room shall not exceed an occupancy of 500 persons;
(vii) the number of persons on -site at any given time shall not exceed two times the
capacity of the largest room, with the exception of larger events no more than
four times per year or in response to an emergency situation (ie. natural disaster).
The city may place further limitations on the number of persons on -site based on
the number of parking stalls provided;
(viii) the property shall not be utilized for for -profit purposes, or regularly utilized by
for -profit entities;
(ix) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet
from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(x) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the surrounding area.
(b) Religious Institutions
(i) the minimum lot size shall be increased to 10 acres. Additionally, the lot must
contain at least five acres of contiguous soils suitable for a standard sewage
disposal system as defined in section 720 Individual Sewage Treatment Systems
and in section 826.25 subd. 2. The lot must contain a primary and secondary site
for an on -site sewage disposal system;
(ii) the minimum lot width shall be increased to 500 feet;
(iii) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(iv) no exterior bells or loudspeakers;
(v) direct views of parking lots and structures from surrounding residential properties
shall be effectively screened. This may include the requirements for additional
plantings than required in the landscaping requirements above;
(vi) sanctuary seating capacity shall not exceed 500 persons;
Ordinance No. 460 9
June 16, 2009
(vii) the number of persons on -site at any given time shall not exceed two times the
capacity of the sanctuary, with the exception of larger events no more than four
times per year. The city may place further limitations on the number of persons
on -site based on the number of parking stalls provided;
(viii) residential uses shall not be permitted, with the following exceptions:
(1) housing for clergy employed at the property, as an accessory use. Such
housing shall not exceed 4,000 square feet in floor area of habitable space,
which shall be counted against the total floor area allowed on a site; or
(2) continuation of a residential use existing on the property prior to the religious
institution being established. Continuation of a residential use shall be
limited in term and be subject to Interim Use Permit approval;
(ix) the property shall not be utilized for for -profit purposes, or regularly utilized by for -
profit entities;
(x) playgrounds and outdoor recreational areas shall be set back a minimum of 100 feet
from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(xi) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the surrounding area.
(c) Cemeteries
(i) the area of the lot utilized for burials sites, parking and circulation, and maintenance
and administration buildings shall not exceed six acres;
(ii) shall abut a major collector or arterial roadway as identified in the comprehensive
plan;
(iii) all roadways within the cemetery shall be paved and the width shall be as the City
deems necessary for public safety and circulation during processions;
(iv) direct views from all adjoining residential parcels shall be effectively screened.
This may include the requirements for additional trees than required in the
landscaping requirements above;
(v) all burial sites must be set back a minimum of 50 feet from all property lines.
Identified future burial sites within existing cemeteries which are on file with the
city prior to December 31, 2007 shall not be subject to this setback requirement;
(vi) upright grave markers, monuments, mausoleums, or any other improvements that
exceed 24 inches in height shall meet the setback requirements of the district;
(vii) all improvements, including grave sites, shall be set back a minimum of 50 feet
from all wetlands;
Ordinance No. 460 10
June 16, 2009
(viii) established and operated in compliance with the requirements of Minnesota
Statutes, Chapters 306 or 307, as amended;
(ix) sufficient maintenance and perpetual care funds as required by Minnesota Statutes
Chapters 306 or 307 shall be established;
(x) landscaping shall include overstory trees and be designed to promote a park -like
setting;
(xi) monuments or markers within a cemetery shall be placed as shown on the
cemetery's master plan or as directed by the city;
(xii) mausoleums shall not exceed 15 feet in height and monuments shall not exceed 10
feet in height, with height measured as it is for buildings;
(xiii) monuments and markers shall be constructed of natural stone, but no monument
or marker shall be constructed of limestone, sandstone or any other type of stone
that will not maintain relative permanency;
(xiv) monuments and markers shall be structurally sound and be placed upon
foundations of solid masonry at a depth and size so as to assure no settling or
movement of the marker or monument;
(xv) concrete aprons at least four inches in width that are level with the ground shall be
placed around monuments and be affixed to them so as to prevent grass, weeds or
other vegetation from growing in between the monuments and aprons;
(xvi) a site plan acceptable to the city council must be submitted and reviewed under
the city's site plan ordinance;
(xvii) a master plan for the build -out of the property which includes the number and
location of all burial lots; the phasing of selling/filling the burial lots; the
assigned numbers for the burial lots; descriptions and locations of any other
improvements to be located on the property; and a description of the cemetery's
records retention system must be submitted and approved by the city council;
(xviii) ground water tests shall be performed prior to city council approval in order to
determine high water tables and any springs located on the site;
(xix) the city council may require a transportation plan that includes traffic
management for burials, funerals and burial site visits;
(xx) the city council may require an environmental assessment of the proposed use;
(xxi) in addition to the requirements set forth in this provision, the city council may
require compliance with any other conditions, restrictions or limitations regarding
Ordinance No. 460 11
June 16, 2009
the type, location, size, material, number, the manner of placement and
installation, and removal of monuments, markers, mausoleums, columbariums
and plantings that are permitted within the cemetery it deems to be reasonably
necessary to protect the residential character of the surrounding area;
(xxii) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the neighborhood.
(d) Daycare or early childhood educational uses,
(i) the use shall be clearly accessory to a permitted or conditional use on the property;
(ii) drop-off and pick-up areas shall be located outside of the public right-of-way and
designed to enhance vehicular and pedestrian safely;
(iii) the number of children shall not exceed 30;
(iv) hours of operation shall be limited to 7:00 a.m. through 6:00 p.m., Monday
through Friday;
(v) playgrounds and outdoor recreational areas shall be set back a minimum of 100
feet from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(vi) no lighted playing fields shall be permitted;
(vii) proof of compliance with relevant state and county licensing requirements shall
be provided;
(viii) the city council may require compliance with any other conditions, restrictions
or limitations it deems to be reasonably necessary to protect the residential
character of the surrounding area.
SECTION V. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 16th day of June, 2009.
J2( Q5e_s—
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 10th day of July, 2009.
Ordinance No. 460
June 16, 2009
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