HomeMy Public PortalAbout468CITY OF MEDINA
ORDINANCE NO.468
AN ORDINANCE CREATING THE RESIDENTIAL -SINGLE FAMILY,
RESIDENTIAL -TWO FAMILY, RESIDENTIAL -MID DENSITY,
RESIDENTIAL -LIMITED MULTIPLE FAMILY, AND
RESIDENTIAL -MULTIPLE FAMILY ZONING DISTRICTS;
AMENDING SECTIONS 825.07 AND ADDING NEW SECTIONS 828.31, 840 AND 841.
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section 825.07 of the Medina code of ordinances is amended to add the
underlined language and delete the struel eigh language as follows:
Section 825.07. Definitions. The following words and terms shall have the meanings ascribed to
them:
Subd. 104.1 Structure, Multiple Family - A building designed with 3 or more dwelling
units exclusively for o • anc by 3 or more families living independently of each other,
but sharing hallways and main entrances and exits.
SECTION II. The Medina code of ordinances is amended to add new section 828.31 et
seq. as follows:
Section 828.31. Buffer Yard Requirements.
Subd. 1. Generally. A buffer yard is a combination of distance, plantings, berms, and
fencing. The purpose of a buffer yard is to reduce the negative impacts that may result
when land uses of different intensities abut each other or when residential uses abut
primary roadways.
Subd. 2. Buffer yards required. A buffer yard shall be required in the following situations:
(a) Adjacent to less intensive zoning district. A buffer yard shall be required when a
developing property is adjacent to or across a street from property of a less
intensive zoning district, as summarized by the following table.
(b) Adjacent to Collector or Arterial Roadways. A buffer yard shall be required along
collector and arterial roadways if the property on the opposite side of the roadway
is of the same or a more intensive zoning district, as summarized by the following
table.
Ordinance No. 468
September 15, 2009
Required Bufferyard Opacity
Zon'ng District of Proposed Development
R-1
R-2
R-3
R-4 R-5
Rural
PUD-1
SR
R-1
UR
R-2
R-3
0.3
0.2
0.2
0.1*
0.1*
0.1*
0.1*
0.3
0.3
0.3
0.2
0.2
0.1*
0.1*
0.4
0.4
0.3
0.3
0.2
0.2
0.1*
0.4 0.4
0.4 0.4
0.4 0.4
0.3 0.4
0.3 0.3
0.3 0.3
0.2 0.3
Mixed Use Districts
R-4
R-5
Commercial, Uptown Hamel, General
Business, and Industrial Districts
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.1*
0.2 0.3
0.1* 0.2
0.1* 0.1*
0.1* 0.1*
NOTES:
* Buffer yard only required if the proposed development is adjacent to a collector or arterial roadway
with the noted adjacent district across the street.
** If a specific zoning district is not listed, or if the adjacent property is a PUD, the City shall determine
the most similar district to determined the required buffer yard.
Subd. 3. The required buffer yard may be achieved through a combination of distance,
plantings, berming and fences. The following combinations, or an alternative approved
by the city, may be utilized:
Potential Combinations to Achieve
Bufferyard Opacity
Opacity
Minimum
Buffer Yard
Width
Minimum # of
Buffer Yard
Planting Points per
100 linear feet
Minimum Required
Berm or Fence
0.1
10'
38
Minimum 4' wood rail fence
10'
91
None Required
15'
80
None Required
20'
73
None Required
25'
68
None Required
30'
65
None Required
35'
62
None Required
0.2
10'
84
Minimum 44" picket fence
15'
133
Minimum 4' wood rail fence
15'
198
None Required
20'
173
None Required
25'
158
None Required
30'
149
None Required
35'
140
None Required
35'
10
Minimum 4' berm
Ordinance No. 468
September 15, 2009
2
40'
135
None Required
0.3
15'
198
Minimum 44" picket fence
20'
320
None Required
20'
240
Minimum 4' wood rail fence
25'
276
None Required
30'
252
None Required
35'
235
None Required
35'
104
Minimum 4' berm
40'
223
None Required
40'
44
Minimum 5' berm
45'
215
None Required
50'
209
None Required
0.4
20'
330
Minimum 44" picket fence
25'
440
None Required
25'
362
Minimum 4' wood rail fence
30'
385
None Required
35'
349
None Required
35'
208
Minimum 4' berm
40'
327
None Required
40'
148
Minimum 5' berm
45'
310
None Required
50'
299
None Required
50'
56
Minimum 6' berm
0.5
30'
564
None Required
30'
405
Minimum 44" picket fence
30'
492
Minimum 4' wood rail fence
35'
499
None Required
35'
319
Minimum 4' berm
40'
454
None Required
40'
261
Minimum 5' berm
45'
422
None Required
50'
405
None Required
50'
160
Minimum 6' berm
55'
388
None Required
60'
374
None Required
Ordinance No. 468
September 15, 2009
3
Subd. 4. Determination of Buffer Yard Planting Points. Planting requirements for the
various buffer yard options are calculated in terms of points. Points are calculated based
on typical growth rates, mature height, and whether a plant is deciduous or coniferous.
The city shall grant additional points, not to exceed a 50 percent increase, for plants
which exceed the minimum permitted installation size below.
Buffer Yard Planting Points
Plant Category
Buffer Yard
Planting Points
per Plant
Minimum Permitted
Installation Size
Overstory deciduous tree
50
2.5" caliper
Understory deciduous tree
15
1.5" caliper
Tall evergreen tree
50
6' tall
Medium evergreen tree
20
4' tall
Low evergreen tree
12
3' tall
Tall deciduous shrub
5
36" tall
Medium deciduous shrub
3
24" tall
Low deciduous shrub
1
18" tall
Medium evergreen shrub
5
18" tall/wide
Low evergreen shrub
3
12" tall/wide
Subd. 5. Types of planting. Plants shall be suitable for the soil and site conditions and
compliment others in the area.
(a) Plants shall meet the size requirements described in the table above at the time of
planting.
(b) Unless otherwise approved by the city, plants shall be consistent with the Minnesota
Department of Natural Resources' "Field Guide to the Native Plant Communities of
Minnesota, the Eastern Broadleaf Forest Province."
(c) No more than 25 percent of plants shall be from one species.
(d) Plants shall be selected and placed in a way which most effectively provides a buffer, as
approved by the city. Species with known vulnerability to disease or infestation shall
not be permitted. The landscaping plan shall consider factors such as survivability of
plantings, surrounding topography, and interaction with berms/fences.
Subd. 6. Credit for existing vegetation. The city shall grant credit for existing vegetation
that is preserved within an area where a buffer yard is required. Credit shall be based on
Subd. 4 above, including the additional points for larger plantings.
Subd. 7. Berms and Fences. When berms or fences are combined with plant materials in a
buffer yard, at least half of the plantings shall be located towards the exterior of the
Ordinance No. 468 4
September 15, 2009
subject property, in relation to the location of the fence or berm. If an earth berm is
proposed, the berm shall be undulating in order to give a natural appearance.
Subd. 8. Buffer yard location. Buffer yards, when required, shall be located adjacent to the
outer perimeter of a development site.
(a) Buffer yards may be located within required yard setbacks, but a principal structure
shall be set back a minimum of 10 feet and an accessory structure a minimum of
five feet from the buffer yard.
(b) In the case a wetland interferes with the lineal continuation of a buffer yard,
alternative means may be required by the city to reduce the impact of the
development upon adjacent property.
Subd. 9. Recorded document required. A document, in a form provided by the city, shall
be recorded against the property over which a buffer yard lies. This document shall
include, at a minimum, the location of the buffer yard, the restrictions on the use of this
property, and the maintenance responsibility for the landscaping and improvements.
Subd. 10. Use of buffer yards. Buffer yards shall be left in a predominantly undeveloped
state. Passive recreation and pedestrian, bicycle, or equestrian paths may be allowed, so
long as the required plantings are provided. No sports courts, swimming pools, storage
or other similar use shall be allowed. Paving shall be limited to areas necessary to
provide access to the subject property.
Ordinance No. 468 5
September 15, 2009
SECTION III. The Medina code of ordinances is amended to add new section 840.1 et seq.
as follows:
SECTION 840.1
SINGLE FAMILY RESIDENTIAL (R1) DISTRICT
Section 840.1.01 Residential -Single Family (R1) - Purpose. The purpose of the Residential -
Single Family (R1) district is to provide a zoning district for single-family residential
neighborhoods, designed in a way to protect the natural environment and to implement the
objectives of the Low Density Residential land use in the city's Comprehensive Plan.
Section 840.1.02. (R1) Permitted Uses. The following shall be permitted uses within the R1
district, subject to applicable provisions of the city code:
(1) Single Family Detached Dwellings
(2) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D, serving six or fewer persons
(3) Day care facilities serving 12 or fewer persons or group family day care facilities serving
14 or fewer persons, provided: the facility is licensed as required by law; no more than
one person not residing at the property is employed by the facility; and that provisions
are made so that the drop-off and pick-up of clientele does not impact neighboring
property or right-of-way.
(4) Parks and Open Space
(5) Essential services
Section 840.1.03. (R1) Conditional Uses. The following shall be permitted within the R1
district, subject to conditional use permit approval, the specific requirements established in
Section 840.3.05, and other applicable provisions of the city code:
(1) Accessory dwelling units
Section 840.1.04. (R1) Accessory Uses. The following accessory uses shall be permitted within
the R1 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) Garages or detached private structures
(2) Off-street parking
(3) Private swimming pools and sport courts
(4) Home Occupations
(5) Signs, subject to the requirements of the sign ordinance
Ordinance No. 468 6
September 15, 2009
Section 840.1.05. (R1) Lot Standards. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code:
Subd. 1. Density of Development: Development or redevelopment shall be consistent with
the density requirements of the Comprehensive Plan.
Subd. 2. Minimum Lot Size: 11,000 square feet
Subd. 3. Minimum Lot Width: 90 feet. The minimum lot width shall be increased to
110 feet for a lot with a side yard adjacent to a collector or arterial roadway.
Subd. 4. Minimum Lot Depth: 100 feet
Subd. 5. Minimum Front Yard Setback: 25 feet, except as follows:
(a) Additional setback for garage doors facing streets: Garage doors which face a street
shall be set back a minimum of 30 feet.
(b) Reduced setback for side -load garage: The front yard setback may be reduced to 20
feet if garage doors do not face the street and if garage walls facing the street
include a window or architectural elements to give the appearance of living space.
Subd. 6. Minimum Rear Yard Setback: 30 feet. The rear yard setback may be reduced to
20 feet if abutting an open space or common area.
Subd. 7. Minimum Interior Side Yard Setback: 25 feet combined total for both side yards,
with neither side less than 10 feet. The combined interior side yard setback shall be
reduced to 20 feet if garage doors do not face the street.
Subd. 8. Street Setbacks: A required yard setback adjacent to a public or private street shall
be increased based on the classification of the street in the Comprehensive Plan as
follows:
(a) Local Roadway or Private Street: 25 feet, except as follows:
(i) Additional setback for garage doors facing streets: Garage doors which face a
street shall be set back a minimum of 30 feet.
(ii) Reduced setback for side -load garage: The front yard setback may be reduced
to 20 feet if garage doors do not face the street and if garage walls facing
the street include a window or architectural elements to give the
appearance of living space.
(b) Minor Collector Roadway: 35 feet
(c) Major Collector or Arterial Roadway: 50 feet
Subd. 9. Maximum Impervious Surface Coverage: 40 percent of the total lot area.
Impervious surface coverage may exceed this amount if stormwater management
practices are implemented on the lot which, according to the City Engineer, reduce runoff
below that which would occur if abiding by the maximum impervious surface regulation.
However, in no case shall impervious surface coverage exceed 60 percent of the lot area
remaining after wetlands and stormwater ponds have been excluded.
Ordinance No. 468 7
September 15, 2009
Section 840.1.06. (R1) Design and Development Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the city
code:
Subd. 1. The residential district standards, as required in Section 840.3, shall be observed.
Subd. 2. Maximum Building Height: All buildings shall meet the following requirements:
(a) Building height shall not exceed 32 feet, but the maximum building height shall be
increased to 35 feet if the structure is equipped with a compliant fire sprinkler or
if interior side yard setbacks are increased by 50 percent.
(b) No building shall exceed two and one-half stories in height, with a limitation of two
stories facing a street.
(c) Maximum distance from ground to eave. In no case shall the vertical distance from
the lowest ground level (at the footprint of the building and eight feet out) to the
eave be greater than 30 feet.
SECTION IV. The Medina code of ordinances is amended to add new section 840.2 et seq.
as follows:
SECTION 840.2
TWO FAMILY RESIDENTIAL (R2) DISTRICT
Section 840.2.01 Residential -Two Family (R2) - Purpose. The purpose of the Residential -
Two Family (R2) district is to provide a zoning district for a mix of single-family and two-family
dwellings, designed in a way to protect the natural environment and to implement the objectives
of the Medium Density Residential land use in the city's Comprehensive Plan.
Section 840.2.02. (R2) Permitted Uses. The following shall be permitted uses within the R2
district, subject to applicable provisions of the city code:
(1) Single Family Detached Dwellings
(2) Two Family Dwellings
(3) Day care facilities serving 12 or fewer persons or group family day care facilities serving
14 or fewer persons, provided: the facility is licensed as required by law; no more than
one person not residing at the property is employed by the facility; and that provisions
are made so that the drop-off and pick-up of clientele does not impact neighboring
property or right-of-way.
(4) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D, serving six or fewer persons
(5) Parks and Open Space
(6) Essential services
Ordinance No. 468 8
September 15, 2009
Section 840.2.03. (R2) Conditional Uses. The following shall be permitted within the R2
district, subject to conditional use permit approval, the specific requirements established in
Section 840.3.05, and other applicable provisions of the city code:
(1) None
Section 840.2.04. (R2) Accessory Uses. The following accessory uses shall be permitted within
the R2 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) Garages or detached private structures, except no such structure shall contain
components to constitute a separate complete dwelling unit
(2) Off-street parking
(3) Private swimming pools and sport courts
(4) Home Occupations
(5) Signs, subject to the requirements of the sign ordinance
Section 840.2.05. (R2) Lot Standards. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code:
Subd. 1. Density of Development: Development or redevelopment shall be consistent with
the density requirements of the Comprehensive Plan.
Subd. 2. Minimum Lot Size (Single Family Detached): 8,000 square feet
Subd. 3. Minimum Lot Size (Two Family Dwelling): 5,000 square feet per unit
Subd. 4. Minimum Lot Width (Single Family Detached): 60 feet. The minimum lot width
shall be increased to 90 feet for lots with a side yard adjacent to a collector or arterial
roadway.
Subd. 5. Minimum Lot Width (Two Family Dwelling): 50 feet per unit. The minimum lot
width shall be increased to 70 feet for a unit with a side yard adjacent to a collector or
arterial roadway.
Subd. 6. Minimum Lot Depth: 90 feet
Subd. 7. Minimum Front Yard Setback: 25 feet, except as follows:
(a) Additional setback for garage doors facing streets: Garage doors which face a street
shall be set back a minimum of 30 feet.
(b) Reduced setback for side -load garage: The front yard setback may be reduced to 20
feet if garage doors do not face the street and if garage walls facing the street
include a window or architectural elements to give the appearance of living space.
Ordinance No. 468 9
September 15, 2009
Subd. 8. Minimum Rear Yard Setback: 25 feet. The rear yard setback may be reduced to
15 feet if abutting an open space or common area.
Subd. 9. Minimum Interior Side Yard Setback (Single Family Detached):
(a) The combined total of both side yards shall be a minimum of 15 feet
(b) Neither side yard shall be less than 5 feet
(c) One of the side yards shall be 10 feet or greater
Subd. 10. Minimum Interior Side Yard Setback (Two Family Dwelling): 10 feet, except the
side yard setback shall be reduced to zero for the common wall between two dwelling
units.
Subd. 11. Street Setbacks: A required yard setback adjacent to a public or private street
shall be increased based on the classification of the street in the Comprehensive Plan as
follows:
(a) Local Roadway or Private Street: 25 feet, except as follows:
(i) Additional setback for garage doors facing streets: Garage doors which face a
street shall be set back a minimum of 30 feet.
(ii) Reduced setback for side -load garage: The front yard setback may be reduced
to 20 feet if garage doors do not face the street and if garage walls facing
the street include a window or architectural elements to give the
appearance of living space.
(b) Minor Collector Roadway: 35 feet
(c) Major Collector or Arterial Roadway: 50 feet
Subd. 12. Maximum Impervious Surface Coverage: 50 percent of the total lot area.
Impervious surface coverage may exceed this amount if stormwater management
practices are implemented on the lot which, according to the City Engineer, reduce runoff
below that which would occur if abiding by the maximum impervious surface regulation.
However, in no case shall impervious surface coverage exceed 60 percent of the lot area
remaining after wetlands and stormwater ponds have been excluded.
Section 840.2.06. (R2) Design and Development Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the city
code:
Subd. 1. The residential district standards, as required in Section 840.3, shall be observed.
Subd. 2. Maximum Building Height: All buildings shall meet the following requirements:
(a) Building height shall not exceed 32 feet, but the maximum building height shall be
increased to 35 feet if the structure is equipped with a compliant fire sprinkler or
if interior side yard setbacks are increased by 50 percent.
(b) No building shall exceed two and one-half stories in height, with a limitation of two
stories facing a street.
(c) Maximum distance from ground to eave. In no case shall the vertical distance from
the lowest ground level (at the footprint of the building and eight feet out) to the
eave be greater than 30 feet.
Ordinance No. 468 10
September 15, 2009
SECTION V. The Medina code of ordinances is amended to add new section 840.3 et seq.
as follows:
SECTION 840.3
DESIGN AND DEVELOPMENT STANDARDS
FOR SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICTS
Section 840.3.01. Generally. The standards of this Section shall apply to the R-1 and R-2
districts, subject to requirements set forth in other sections of this ordinance. These standards are
established to achieve a high standard of development, to create vibrant and high quality
neighborhoods, and to protect the natural environment.
Section 840.3.02. Building Materials and Design.
Subd. 1. Building Materials. All exterior building materials shall be durable and consistent
with relevant codes, regulations, and other industry standards.
Subd. 2. Garages. Each principal dwelling unit shall include garage space with a minimum
capacity of two vehicles. In the case that garage doors occupy more than half of the
horizontal building fa9ade facing a street, architectural elements shall be provided to
reduce the monotonous appearance of garage doors. These elements may include varying
the setback of the garage doors, differentiating roof designs, constructing dormers, and
installing garage doors with windows or other design elements.
Subd. 3. Utilities. Utilities shall be placed underground.
Section 840.3.03. Landscaping Requirements for the Development Site.
Subd. 1. Generally. All areas within a development site shall be landscaped, except for
areas occupied by streets, sidewalks, trails, buildings, driveways, walks, recreational
areas, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include
trees, shrubs, plantings, and turf grass. Properly maintained prairie and natural vegetation
is encouraged within common open space and buffer yards. Species with known
vulnerability to disease or infestation shall not be permitted. Integrated stormwater
management practices, such as vegetative swales, vegetative filter strips, bioretention,
and raingardens, shall be considered landscaping and shall be included in the gross
acreage of the parcel when calculating impervious surface coverage.
Subd. 2. Buffer Yards. Buffer yards shall be required adjacent to less intensive zoning
districts and adjacent to collector and arterial roadways. The buffer yard requirements
are described in Section 828.31 of the City Code.
Subd. 3. Maintenance. The developer shall be responsible for establishing a long-term
maintenance plan to see that common space and buffer yard landscaping and fencing is
maintained in an attractive and well -kept condition and to replace any landscaping that
Ordinance No. 468 11
September 15, 2009
does not survive. Landscape irrigation, where necessary, shall be consistent with water
usage regulations.
Subd. 4. Landscaping Guarantee. The developer shall guarantee the growth and
maintenance of all plants for a minimum of two growing seasons following an inspection
of all completed plantings.
(a) The developer shall submit a financial guarantee and provide access to the
property, in forms acceptable to the city, prior to issuance of any building permit
to ensure the planting and survival of the plantings. The developer may transfer
financial guarantee responsibility to another willing entity.
(b) 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
will be guaranteed for an additional two growing seasons. After the additional
growing seasons, any of the new plants which do not survive or have severely
declined shall be replaced. After provisions have been made for maintenance of
these new plants, the city shall release any remaining financial guarantee.
Subd. 5. Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the City's Tree
Preservation Ordinance Section 828.41.
Section 840.3.04. Landscaping Requirements for Individual Single -Family and Two -
Family Lots.
Subd. 1. Generally. Each lot shall be landscaped, except for areas occupied by buildings,
driveways, walks, patios, recreational areas, wetlands, wetland buffers, and woodlands.
Landscaping shall include trees, shrubs, plantings, and turf grass. Properly maintained
prairie or natural vegetation may be utilized within buffer yards. Integrated stormwater
management practices, such as vegetative swales, vegetated filter strips, bioretention, and
raingardens, shall be considered landscaping and shall be included in the gross acreage of
the parcel when calculating impervious surface coverage.
Subd. 2. Lawn Establishment. The entire lot and adjacent right-of-way to the edge of the
street shall be landscaped and vegetation established prior to issuance of a certificate of
occupancy for a new home.
(a) Financial Guarantee Option. If vegetation is not established at the time of
certificate of occupancy, the city may accept a financial guarantee, in an amount
determined by the city council, to ensure that landscaping is completed within
one year. If landscaping is not completed, the city may take action to complete
the work, and the property owner shall grant access to the property and be
responsible for the cost of such work.
(b) Type of Ground Cover. Low maintenance and water conserving alternatives to
traditional Kentucky bluegrass are encouraged and may be seeded. Otherwise,
sod or hydro -seed application shall be required.
Ordinance No. 468 12
September 15, 2009
Subd. 3. Front Yard Trees. A minimum of two overstory trees shall be required to be
planted prior to issuance of a certificate of occupancy for each dwelling unit. Trees shall
meet the following requirements:
(a) Financial Guarantee Option. If the trees are not planted at the time of certificate of
occupancy, the city may accept a financial guarantee, as established by the city
council, to ensure that planting occurs within one year.
(b) Size. Deciduous trees shall not be less than two caliper inches measured four feet off
ground, and coniferous trees shall not be less than six feet in height.
(c) Location. For single-family dwellings, both trees shall be located within 15 feet of
the front lot line. For two-family dwellings, at least one of the trees shall be
located within 15 feet of the front lot line. Trees shall be located in a way which
does not interfere with utilities.
(d) 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. Species with known vulnerability to disease
or infestation shall not be permitted. The trees shall not be of a single species and,
to the extent possible, should be differentiated across the neighborhood so that no
more 25 percent are from one species.
(e) Credit for Preserved Trees. The city may reduce the required number of overstory
trees if existing trees are preserved in the front yard. In order to receive credit, the
trees shall satisfy the requirements of the Tree Preservation Ordinance, Section
828.41.
Subd. 4. Maintenance. The property owner shall be responsible to see that landscaping is
maintained in an attractive and well -kept condition and to replace any landscaping that
does not survive. Irrigation for landscaping and lawns shall be consistent with city water
usage regulations.
Subd. 5. Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the City's Tree
Preservation Ordinance Section 828.41.
Section 840.3.05. Supplemental Requirements for Specific Uses within Single- and Two -
Family Residential Zoning Districts. 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:
Subd. 1. Accessory dwelling units
(a) No more than one accessory dwelling unit shall be located on a property;
(b) The lot must contain an existing single-family dwelling unit which conforms to
district regulations;
Ordinance No. 468 13
September 15, 2009
(c) The habitable area of the accessory dwelling unit shall not exceed the lesser of the
following: 1) 900 square feet; or 2) 40 percent of the habitable area of the
principal single-family dwelling;
(d) The accessory dwelling unit shall contain a minimum of 300 square feet of habitable
area;
(e) The accessory dwelling unit shall contain no more than two bedrooms;
(f) A minimum of one off-street parking space per bedroom shall be provided for the
accessory dwelling unit. These spaces shall not interfere with accessing the required
garage spaces for the principal single-family dwelling;
(g) No separate driveway or curb cut shall be permitted to serve the accessory dwelling
unit;
(h) No accessory dwelling unit shall be sold or conveyed separately from the principal
single-family dwelling;
(i) The property owner shall occupy either the principal single-family dwelling or the
accessory dwelling unit;
(j) If the accessory dwelling unit is located within a structure detached from the principal
single-family dwelling, the architectural design and building materials shall be of
the same or higher quality and shall complement the single-family dwelling;
(k) Any exterior stairway which accesses an accessory dwelling unit shall be located in a
way to be less visible from the street; and
(1) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the single-family
residential character of the surrounding area. A copy of the resolution approving
an accessory dwelling unit and describing the conditions, restrictions and
limitations on the use shall be recorded against the property.
Ordinance No. 468 14
September 15, 2009
SECTION VI. The Medina code of ordinances is amended to add new section 841.1 et seq.
as follows:
SECTION 841.1
RESIDENTIAL -MID DENSITY (R3) DISTRICT
Section 841.1.01 Residential -Mid Density (R3) - Purpose. The purpose of the Residential -
Mid Density (R3) district is to provide a zoning district for a mix of townhome and smaller scale
multi -family residential development, designed in a way to protect the natural environment, to be
well buffered from adjacent lower density land uses, and to implement the objectives of the
Medium Density Residential land use in the city's Comprehensive Plan.
Section 841.1.02. (R3) Permitted Uses. The following shall be permitted uses within the R3
district, subject to applicable provisions of the city code:
(1) Townhouse Dwellings, provided no structure contains more than six dwelling units
(2) Multiple Family Structures, provided that:
(a) No structure shall contain more than 16 dwelling units; and
(b) A development with one or more structures containing more than eight dwelling
units shall install a buffer yard with an opacity at least 0.1 greater than the
district requirements described by Section 828.31.
(3) Parks and Open Space
(4) Essential services
Section 841.1.03. (R3) Conditional Uses. The following shall be permitted within the R3
district, subject to conditional use permit approval, the specific requirements established in
Section 841.4.05, and other applicable provisions of the city code:
(1) Religious Institutions
(2) Educational Facilities
(3) Day Care Facilities serving 16 or fewer persons
(4) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D
Section 841.1.04. (R3) Accessory Uses. The following accessory uses shall be permitted
within the R3 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) Garages or detached private structures, except no such structure shall contain
components to constitute a separate complete dwelling unit
(2) Off-street parking
(3) Private swimming pools, sport courts, and other common recreational facilities
(4) Signs, subject to the requirements of the sign ordinance
Ordinance No. 468 15
September 15, 2009
Section 841.1.05. (R3) Lot Standards. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code. Many of these
standards may be applied across a coordinated development so that individual lots may not meet
all requirements (lot area and impervious surface coverage, for example) but the development as
a whole is consistent with the standards. In these situations, the city shall require documentation
which describes the property which is subject to the coordinated development.
Subd. 1. Density of Development: Development or redevelopment shall be consistent with
the density requirements of the Comprehensive Plan.
Subd. 2. Minimum Net Area per Unit: 8,750 square feet per unit
Subd. 3. Maximum Net Area per Unit: 12,500 square feet per unit
Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real
and perceived impacts of crowding prevalent in multiple -residential dwelling units and
building complexes. The Minimum Net Area per Unit requirement above may be
reduced in accordance to the following, except that the density after the bonus(es) must
be consistent with the Comprehensive Plan.
(a) Affordable Housing (max. bonus = 1.5 unit/acre). The density bonus shall be based
on the proportion of units which will be preserved as affordable housing and the
nature of the restriction utilized to maintain affordability.
(b) LEED Certification or similar (max. bonus = 1.0 unit/acre). The density bonus shall
be based upon the level of certification, with the full bonus available for the
highest level of certification.
(c) Low impact development (max. bonus = 1.0 unit/acre). The density bonus shall be
based on the water quality improvements above those required by the city.
(d) Underground Parking (max. bonus = 1.0 unit/acre). The density bonus shall be based
upon the number of parking stalls provided, with the full bonus available if at
least one underground space is provided per dwelling unit.
(e) Sound suppression (max. bonus = 0.5 unit/acre). In order to be eligible, the STC
rating must be increased by ten from that specified as the minimum in the
Minnesota State Building Code.
(f) Oversized garages or lockable storage units (max. bonus = 0.25 unit/acre).
Additional storage must be at least 100 square feet for townhomes or 50 square
feet for other uses.
(g) Common open space and shared recreational facilities (max. bonus = 0.25 unit/acre)
Subd. 5. Minimum Setback from Perimeter of Site: 20 feet, except as modified below. This
setback shall apply to structures, parking, and recreational areas.
(a) Increase adjacent to less intensive zoning district. The setback adjacent to or across a
street from property of a less intensive zoning district shall be increased to 40
feet.
(b) Increase for required buffer yard. The required setback shall be increased when
necessary to abide by buffer yard requirements.
Ordinance No. 468 16
September 15, 2009
Subd. 6. Street Setbacks: The following yard setback shall be required adjacent to public or
private streets. Structures, parking areas, and active recreational areas shall not be
located within this setback area. The required yard setback shall be based on the
classification of the street in the Comprehensive Plan as follows:
(a) Private Street: 25 feet, except as follows:
(i) Parking areas and recreational areas shall be exempt from this requirement.
(ii) Reduction of setback for side- or rear -load garage: The front yard setback
may be reduced to 15 feet if garage doors do not face the street and if
garage walls facing the street include a window or architectural elements
to give the appearance of living space.
(b) Local Roadway: 40 feet
(c) Collector or Arterial Roadway: 50 feet
Subd. 7. Minimum Setbacks between buildings within a development: 30 feet
Subd. 8. Maximum Impervious Surface: 50 percent of the total lot area. Impervious surface
coverage may exceed this amount if stormwater management practices are implemented
which, according to the City Engineer, exceed stormwater retention and treatment
regulations. However, in no case shall impervious surface coverage exceed 65 percent of
the lot area remaining after wetlands and stormwater ponds have been excluded.
Section 841.1.06. (R3) Design and Development Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the city
code:
Subd. 1. The design and development standards of Section 841.4 shall be observed.
Subd. 2. Maximum Building Height: Building height shall not exceed 32 feet.
(a) Additional height if sprinkled. The maximum building height shall be increased to
35 feet if the structure is equipped with a compliant fire sprinkler.
(b) No building shall exceed two and one-half stories in height, with a limitation of two
stories facing a street.
(c) Maximum distance from ground to eave. In no case shall the vertical distance from
the lowest ground level (at the footprint of the building and eight feet out) to the
eave be greater than 30 feet.
Ordinance No. 468 17
September 15, 2009
SECTION VII. The Medina code of ordinances is amended to add new section 841.2 et
seq. as follows:
SECTION 841.2
RESIDENTIAL -LIMITED MULTIPLE FAMILY (R4) DISTRICT
Section 841.2.01. Residential -Limited Multiple Family (R4) - Purpose. The purpose of the
Residential -Limited Multiple Family (R4) district is to provide a zoning district for a mix of
townhome and multi -family residential development, designed in a way to protect the natural
environment, to be well buffered from adjacent lower density land uses and to implement the
objectives of the High Density Residential land use in the city's Comprehensive Plan.
Section 841.2.02. (R4) Permitted Uses. The following shall be permitted uses within the R4
district, subject to applicable provisions of the city code:
(1) Townhouse Dwellings, provided no structure contains more than twelve dwelling units
(2) Multiple Family Structures, provided that a development with one or more structures
containing more than 20 dwelling units shall install a buffer yard with an opacity at
least 0.1 greater than the district requirements described by Section 828.31.
(3) Parks and Open Space
(4) Essential services
Section 841.2.03. (R4) Conditional Uses. The following shall be permitted within the R4
district, subject to conditional use permit approval, the specific requirements established in
Section 841.4.05, and other applicable provisions of the city code:
(1) Religious Institutions
(2) Educational Facilities
(3) Assisted Living Facilities, Nursing Homes and other similar uses
(4) Day Care Facilities serving 16 or fewer persons
(5) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D, serving 16 or fewer persons
Section 841.2.04. (R4) Accessory Uses. The following accessory uses shall be permitted
within the R4 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) Garages or detached private structures, except no such structure shall contain
components to constitute a separate complete dwelling unit
(2) Off-street parking
(3) Private swimming pools, sport courts, and other common recreational facilities
(4) Signs, subject to the requirements of the sign ordinance
Ordinance No. 468 18
September 15, 2009
Section 841.2.05. (R4) Lot Standards. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code. Many of these
standards may be applied across a coordinated development so that individual lots may not meet
all requirements (lot area and impervious surface coverage, for example) but the development as
a whole is consistent with the standards. In these situations, the city shall require documentation
which describes the property which is subject to the coordinated development.
Subd. 1. Density of Development: Development or redevelopment shall be consistent with
the density requirements of the Comprehensive Plan.
Subd. 2. Minimum Area per Unit: 3,600 square feet per unit
Subd. 3. Maximum Area per Unit: 6,200 square feet per unit, excluding wetlands.
Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real
and perceived impacts of crowding prevalent in multiple -residential dwelling units and
building complexes. The Minimum Area per Unit requirement above may be reduced in
accordance to the following, except that the density after the bonus(es) must be consistent
with the Comprehensive Plan.
(a) Affordable Housing (max. bonus = 4.0 unit/acre). The density bonus shall be based
on the proportion of units which will be preserved as affordable housing and the
nature of the restriction utilized to maintain affordability.
(b) LEED Certification or similar (max. bonus = 2.0 unit/acre). The density bonus
shall be based upon the level of certification, with the full bonus available for the
highest level of certification.
(c) Low impact development (max. bonus = 2.0 unit/acre). The density bonus shall be
based on the water quality improvements above those required by the city.
(d) Exceeding building design, landscaping or buffer yard requirements (max. bonus =
2.0 unit/acre).
(e) Sound suppression (max. bonus = 2.0 unit/acre). In order to be eligible, the STC
rating must be increased by ten from that specified as the minimum in the
Minnesota State Building Code.
(f) Underground Parking (max. bonus = 2.0 unit/acre). The density bonus shall be
based upon the number of parking stalls provided, with the full bonus available if
at least one underground space is provided per dwelling unit.
(g) Oversized garages or lockable storage units (max. bonus = 1.0 unit/acre).
Additional storage must be 100 square feet for townhomes or 50 square feet or
greater for other uses.
(h) Common open space and shared recreational facilities (max. bonus = 1.0 unit/acre)
(i) Dwelling unit amenities (max. bonus = 1.0 unit/acre). Amenities such as additional
bathrooms, fireplaces, etc.
Subd. 5. Minimum Setback from Perimeter of Site: 20 feet, except as modified below. This
setback shall apply to structures, parking, and recreational areas.
(a) Increased setback for three-story buildings. The required structure setback shall be
increased to 40 feet if the building exceeds two and one-half stories.
Ordinance No. 468 19
September 15, 2009
(b) Increased setback adjacent to less intensive zoning district. The setback adjacent to
or across a street from property of a less intensive zoning district shall be
increased to 40 feet.
(c) Increased setback for required buffer yard. The required setback shall be increased
when necessary to abide by buffer yard requirements.
Subd. 6. Street Setbacks: The following yard setback shall be required adjacent to public or
private streets. Structures, parking areas, and active recreational areas shall not be
located within this setback area. The required yard setback shall be based on the
classification of the street in the Comprehensive Plan as follows:
(a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from
this requirement.
(b) Local Roadway: 40 feet
(c) Minor Collector Roadway: 50 feet
(d) Major Collector or Arterial Roadway: 50 feet
Subd. 7. Minimum Setbacks between buildings within a development: 30 feet or the
average height of the two structures, whichever is greater
Subd. 8. Maximum Impervious Surface Coverage: 60 percent of the total lot area.
Impervious surface coverage may exceed this amount if stormwater management
practices are implemented which, according to the City Engineer, exceed stormwater
retention and treatment regulations. However, in no case shall impervious surface
coverage exceed 70 percent of the lot area remaining after wetlands and stormwater
ponds have been excluded.
Section 841.2.06. (R4) Design and Development Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the city
code:
Subd. 1. The design and development standards of Section 841.4 shall be observed.
Subd. 2. Maximum Building Height: Building height shall not exceed 45 feet or three
stories, whichever is greater. In the case that a structure is not equipped with a compliant
fire sprinkler system, the maximum building height shall be 30 feet.
Ordinance No. 468 20
September 15, 2009
SECTION VIII. The Medina code of ordinances is amended to add new section 841.3 et
seq. as follows:
SECTION 841.3
RESIDENTIAL -MULTIPLE FAMILY (R5) DISTRICT
Section 841.3.01 Residential -Multiple Family (R5) - Purpose. The purpose of the
Residential -Multiple Family (R5) district is to provide a zoning district for a mix of multi -family
residential development, designed in a way to protect the natural environment, to be well
buffered from adjacent lower density land uses and to implement the objectives of the High
Density Residential land use in the city's Comprehensive Plan.
Section 841.3.02. (R5) Permitted Uses. The following shall be permitted uses within the R5
district, subject to applicable provisions of the city code:
(1) Townhouse Dwellings, provided no structure contains more than 12 dwelling units
(2) Multiple Family Structures, provided that a development with one or more structures
containing more than 20 dwelling units shall install a buffer yard with an opacity at
least 0.1 greater than the district requirements described by Section 828.31.
(3) Parks and Open Space
(4) Essential services
Section 841.3.03. (R5) Conditional Uses. The following shall be permitted within the R5
district, subject to conditional use permit approval, the specific requirements established in
Section 841.4.05, and other applicable provisions of the city code:
(1) Religious Institutions
(2) Educational Facilities
(3) Assisted Living Facilities, Nursing Homes and other similar uses
(4) Day Care Facilities serving 16 or fewer persons
(5) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D, serving 16 or fewer persons
Section 841.3.04. (R5) Accessory Uses. The following accessory uses shall be permitted
within the R5 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) Garages or detached private structures, except no such structure shall contain
components to constitute a separate complete dwelling unit
(2) Off-street parking
(3) Private swimming pools, sport courts, and other common recreational facilities
(4) Signs, subject to the requirements of the sign ordinance
Ordinance No. 468 21
September 15, 2009
Section 841.3.05. (R5) Lot Standards. The following standards shall be observed, subject to
additional requirements, exceptions and modifications set forth in the city code. Many of these
standards may be applied across a coordinated development so that individual lots may not meet
all requirements (lot area and impervious surface coverage, for example) but the development as
a whole is consistent with the standards. In these situations, the city shall require documentation
which describes the property which is subject to the coordinated development.
Subd. 1. Density of Development: Development or redevelopment shall be consistent with
the density requirements of the Comprehensive Plan.
Subd. 2. Minimum Area per Unit: 2,200 square feet per unit
Subd. 3. Maximum Area per Unit: 4,350 square feet per unit, excluding wetlands.
Subd. 4. Density Bonuses: Certain design and construction features serve to reduce the real
and perceived impacts of crowding prevalent in multiple -residential dwelling units and
building complexes. The Minimum Area per Unit requirement above may be reduced in
accordance to the following, except that the density after the bonus(es) must be consistent
with the Comprehensive Plan.
(a) Affordable Housing (max. bonus = 4.0 unit/acre). The density bonus shall be based
on the proportion of units which will be preserved as affordable housing and the
nature of the restriction utilized to maintain affordability.
(b) LEED Certification or similar (max. bonus = 2.0 unit/acre). The density bonus shall
be based upon the level of certification, with the full bonus available for the
highest level of certification.
(c) Low impact development (max. bonus = 2.0 unit/acre). The density bonus shall be
based on the water quality improvements above those required by the city.
(d) Exceeding building design, landscaping or buffer yard requirements (max. bonus =
2.0 unit/acre).
(e) Sound suppression (max. bonus = 2.0 unit/acre). In order to be eligible, the STC
rating must be increased by ten from that specified as the minimum in the
Minnesota State Building Code.
(f) Underground Parking (max. bonus = 2.0 unit/acre). The density bonus shall be based
upon the number of parking stalls provided, with the full bonus available if at
least one underground space is provided per dwelling unit.
(g) Oversized garages or lockable storage units (max. bonus = 1.0 unit/acre). Additional
storage must be 100 square feet for townhomes or 50 square feet or greater for
other uses.
(h) Common open space and shared recreational facilities (max. bonus = 1.0 unit/acre)
(i) Dwelling unit amenities (max. bonus = 1.0 unit/acre). Amenities such as additional
bathrooms, fireplaces, etc.
Subd. 4. Minimum Structure Setback from Perimeter of Site: 40 feet, or larger if required to
install required buffer yard.
Ordinance No. 468 22
September 15, 2009
Subd. 5. Street Setbacks: The following yard setback shall be required adjacent to public or
private streets. Structures, parking areas, and active recreational areas shall not be
located within this setback area. The required yard setback shall be based on the
classification of the street in the Comprehensive Plan as follows:
(a) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from
this requirement.
(b) Local Roadway: 40 feet
(c) Minor Collector Roadway: 50 feet
(d) Major Collector or Arterial Roadway: 50 feet
Subd. 6. Minimum Setbacks between buildings within a development: 30 feet or the
average height of the two structures, whichever is greater
Subd. 7. Maximum Impervious Surface Coverage: 60 percent of the total lot area.
Impervious surface coverage may exceed this amount if stormwater management
practices are implemented which, according to the City Engineer, exceed stormwater
retention and treatment regulations. However, in no case shall impervious surface
coverage exceed 70 percent of the lot area remaining after wetlands and stormwater
ponds have been excluded.
Section 841.3.06. (R5) Design and Development Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the city
code:
Subd. 1. The design and development standards of Section 841.4 shall be observed.
Subd. 2. Maximum Building Height: Building height shall not exceed 45 feet or three
stories, whichever is greater. In the case that a structure is not equipped with a compliant
fire sprinkler system, the maximum building height shall be 30 feet.
Ordinance No. 468 23
September 15, 2009
SECTION IX. The Medina code of ordinances is amended to add new section 841.4 et seq.
as follows:
SECTION 841.4
DESIGN AND DEVELOPMENT STANDARDS
FOR MID DENSITY, LIMITED MULTIPLE FAMILY, AND MULTIPLE FAMILY
RESIDENTIAL DISTRICTS
Section 841.4.01. Generally. The standards of this Section shall apply to the R3, R4, and R5
zoning districts, subject to requirements set forth in other sections of this ordinance. These
standards are established to achieve a high standard of development, to create vibrant and high
quality neighborhoods, and to protect the natural environment.
Section 841.4.02. Building Materials and Design.
Subd. 1. Building Materials.
(a) Generally. All exterior building materials shall be durable and consistent with
relevant codes, regulations, and other industry standards.
(b) Accent materials. No less than 20 percent of any facade facing a public or private
street shall be an accent material. These materials may include shakes, brick,
stone, face brick, decorative concrete, or others approved by the city.
(c) Multiple Family Structures. No less than 50 percent of the vertical exterior building
materials shall be non-combustible material such as brick, face brick, decorative
concrete or others approved by the city.
Subd. 2. Garage Doors. In the case that garage doors occupy more than half of the
horizontal building facade facing a street, architectural elements shall be provided to
reduce the monotonous appearance of garage doors. These elements may include varying
the setback of the garage doors, differentiating roof designs, constructing dormers, and
installing garage doors with windows or other design elements.
Subd. 3. Building Modulation and Articulation. Buildings shall be modulated a
minimum of once per 50 feet of building perimeter to avoid long, monotonous building
walls. This may include varying building height, building setback, building orientation,
roof pitch, roof design, or significant differences in building materials/design.
Subd. 4. Enclosed Parking. Townhomes shall include garage space with a minimum
capacity of two vehicles, and multiple family structures shall include a minimum of one
enclosed or underground parking stall per dwelling unit.
Subd. 5. Utilities and Mechanical Equipment. All utilities shall be placed underground.
Mechanical and HVAC equipment serving individual dwellings shall be screened, to the
extent possible, from all public or private streets as well as from adjacent structures.
Equipment which serves more than dwelling unit shall be screened as follows:
Ordinance No. 468 24
September 15, 2009
(a) 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.
(b) 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.
Subd. 6. Trash and Recycling Facilities.
(a) Trash and recycling bins for individual dwelling units shall be stored so not to be
prominently visible from streets or neighboring units.
(b) For other uses, all trash and recycling shall be stored within the principal building,
within an accessory structure, or within an enclosed outdoor area easily accessible
from the principal structure. 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.
Section 841.4.03. Landscaping Requirements.
Subd. 1. Generally. All areas within a development site shall be landscaped, except for
areas occupied by streets, sidewalks, trails, buildings, parking lots, driveways, walks,
recreational areas, plaza space, wetlands, wetland buffers, and woodlands. Landscaping
shall include trees, shrubs, plantings, and turf grass. Water conserving alternatives to
traditional Kentucky -Bluegrass are encouraged. Properly maintained prairie or natural
vegetation is encouraged within common open space and buffer yards. Species with
known vulnerability to disease or infestation shall not be permitted. Integrated stormwater
management practices, such as vegetative swales, vegetated filter strips, bioretention, and
raingardens, shall be considered landscaping and shall be included in the gross acreage of
the parcel when calculating impervious surface coverage.
Subd. 2. Building Setting. At least 10 feet of landscaped area shall be provided adjacent to
all buildings except for walks, driveways, and plaza/patio space. Walks within this
landscaped area shall be limited to where practically necessary to serve access points of
buildings.
Subd. 3. Buffer Yards. Buffer yards shall be required adjacent to less intensive zoning
districts and adjacent to collector and arterial roadways. The buffer yard requirements
are described in Section 828.31 of the City Code.
Subd. 4. Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one
tree per 60 feet, or fraction thereof, of lot perimeter shall be required. Any lot perimeter
for which a buffer yard is required shall be excluded from this calculation.
(a) Size. Deciduous trees shall not be less than two caliper inches measured four feet off
ground, and coniferous trees shall not be less than five feet in height.
(b) Location. Tree location shall be approved by the city prior to planting.
(c) 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
Ordinance No. 468 25
September 15, 2009
required unless otherwise necessary. No more than 25 percent of trees may be of
a single species.
(d) Credit for Preserved Trees. The city may reduce the required number of overstory
trees if an applicant preserves more existing trees than required by the Tree
Preservation Ordinance, Section 828.41. The city shall determine the amount of
credit granted for such existing trees.
Subd. 5. Ornamental Trees. A minimum of one tree per 120 feet, or fraction thereof, of lot
perimeter shall be required. Any lot perimeter for which a buffer yard is required shall
be excluded from this calculation. One tree per 150 feet shall be required if a water
conserving alternative is utilized for the lawn or if bioretention or other low impact
development practices are implemented.
(a) Size. Trees shall not be less than one and one-half caliper inches measured four feet
off ground.
(b) Location. Tree location shall be approved by the city prior to planting.
(c) Type. Trees shall be suitable for the soil and site conditions and compliment others in
the area. Native species are required unless otherwise necessary. No more than
25 percent of trees may be of a single species.
Subd. 6. Understory Shrubs. In addition to trees, a full compliment of understory shrubs
shall be provided to complete a quality landscape treatment of the lot. Shrubs shall be
potted and a minimum of 24 inches. In no instances shall the number of shrubs be less
than one per 40 feet, or fraction thereof, of lot perimeter. Any lot perimeter for which a
buffer yard is required shall be excluded from this calculation. One shrub per 50 feet
shall be required if a water conserving alternative is utilized for the lawn or if
bioretention or other low impact development practices are implemented.
Subd. 7. Parking Lot Landscaping. A minimum of eight percent of the total land area
within parking areas shall be landscaped. Parking lots with fewer than 10 stalls shall be
exempt from these requirements.
(a) Landscaping at least 12 feet in width shall separate parking lots into cells of no more
than 120 stalls.
(b) Landscaping shall break up rows of parking approximately every 20 spaces.
(c) Species selection shall be guided by soils conditions and plantings shall be designed
in a way which increases the likelihood of long-term survival.
(d) Where practical, the landscaping areas shall be designed to receive stormwater runoff
from the adjacent parking area.
Subd. 8. Maintenance. The developer shall be responsible for establishing a long-term
maintenance plan to see that common space and buffer yard landscaping and fencing is
maintained in an attractive and well -kept condition and to replace any landscaping that
does not survive. Landscape irrigation, where necessary, shall be consistent with water
usage regulations.
Subd. 9. Landscaping Guarantee. The developer shall guarantee the growth and
maintenance of all plants for a minimum of two growing seasons following an inspection
of all completed plantings.
Ordinance No. 468 26
September 15, 2009
(a) The developer shall submit a financial guarantee and provide access to the property,
in forms acceptable to the city, prior to issuance of any building permit to ensure
the planting and survival of the plantings. The developer may transfer
responsibility of financial guarantee to another willing entity.
(b) 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 will be
guaranteed for an additional two growing seasons. After the additional growing
seasons, any new plants which do not survive or have severely declined shall be
replaced. After provisions have been made for maintenance of these new plants,
the city shall release any remaining financial guarantee.
Subd. 10. Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the City's Tree
Preservation Ordinance Section 828.41.
Section 841.4.05. Supplemental Requirements for Specific Uses within the R-3, R-4, and
R-5 Residential Zoning Districts. 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:
Subd. 1. Religious Institutions.
(a) the minimum lot size shall be increased to 4 acres;
(b) the minimum lot width and depth shall be increased to 300 feet;
(c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(d) no exterior bells or loudspeakers;
(e) buffer yard requirements adjacent to or across a street from property of a less
intensive zoning district or the same zoning district shall be increased to an
opacity measurement of 0.5. Buffer yard requirements are described in Section
828.31 of the City Code.
(f) structures shall cover no more than 20 percent of the lot, and the maximum combined
floor area of all structures on a property shall not exceed 40,000 square feet;
(g) sanctuary seating capacity shall not exceed 500 persons;
(h) 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;
(i) residential uses shall not be permitted, with the following exceptions:
Ordinance No. 468 27
September 15, 2009
(i) 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
(ii) 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;
(j) the property shall not be utilized for for -profit purposes, or regularly utilized by for
profit entities;
(k) 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;
(1) exterior building materials shall consist of the following materials: brick, natural
stone, stucco, Exterior Insulation and Finish System or similar product, copper,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. A maximum of 20 percent of the vertical
building exterior may be metal or fiber cement lap siding or other materials
approved by the city, if used as accent materials which are integrated into the
overall building design.
(m)
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.
Subd. 2. Educational Facilities.
(a) the minimum lot size shall be increased to 4 acres;
(b) the minimum lot width and depth shall be increased to 300 feet;
(c) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(d) no exterior bells or loudspeakers;
(e) buffer yard requirements adjacent to or across a street from property of a less
intensive zoning district or the same zoning district shall be increased to an
opacity measurement of 0.5. Buffer yard requirements are described in Section
828.31 of the City Code.
(f) structures shall cover no more than 20 percent of the lot, and the maximum combined
floor area of all structures on a property shall not exceed 40,000 square feet;;
(h) the number of persons on -site at any given time shall not exceed 700, 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;
Ordinance No. 468 28
September 15, 2009
(j) the property shall not be utilized for for -profit purposes, or regularly utilized by for -
profit entities;
(k) 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;
(1) exterior building materials shall consist of the following materials: brick, natural
stone, stucco, Exterior Insulation and Finish System or similar product, copper,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. A maximum of 20 percent of the vertical
building exterior may be metal or fiber cement lap siding or other materials
approved by the city, if used as accent materials which are integrated into the
overall building design.
(m)
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.
Subd. 3. Assisted Living Facilities, Nursing Homes, and Similar Uses.
(a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(b) structures shall cover no more than 20 percent of the lot, and the combined floor area
of all structures shall not exceed an amount equal to 30 percent of the lot area;
(c) parking requirements shall be based on the number of employees of the facility,
expected guest visitation and the likelihood of residents owning vehicles. Parking
for residents of the facility shall be enclosed or underground, consistent with the
requirements of the zoning district;
(d) sufficient outdoor plaza and recreational areas shall be provided;
(e) exterior building materials shall consist of the following materials: brick, natural
stone, stucco, Exterior Insulation and Finish System or similar product, copper,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. A maximum of 20 percent of the vertical
building exterior may be metal or fiber cement lap siding or other materials
approved by the city, if used as accent materials which are integrated into the
overall building design.
(f) 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.
Subd. 4. Day Care Facilities serving 16 or fewer persons
(a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
Ordinance No. 468 29
September 15, 2009
(b) shall not be operated within a townhome or multiple family structure;
(c) parking requirements shall be based on the number of employees of the facility and
the number of clients to be served. Circulation shall be sufficient so drop-off and
pick-up of clientele does not interfere with the right-of-way;
(d) sufficient outdoor recreational areas shall be provided;
(e) the facility shall meet licensing requirements as required by law;
(f) 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.
Subd. 5. State Licensed Residential Facility or housing with services establishment
registered under chapter 144D, serving 16 or fewer persons
(a) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(b) shall not be operated within a townhome or multiple family structure;
(c) parking requirements shall be based on the number or residents at the facility as well
as the number of employees. Parking for residents of the facility shall be
enclosed or underground, consistent with the requirements of the zoning district;
(d) the facility shall meet licensing requirements as required by law;
(e) 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 VII. This ordinance shall' become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 15th day of September, 2009,
T.M. Crosby, Jr., Mayor
ATTEST:
‘=-4 44_ 4-4...„
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 18`h day of September, 2009.
Ordinance No. 468 30
September 15, 2009