HomeMy Public PortalAbout640 Ordinance Creating Regulations of the Mixed Residential Zoning Dist Amending Chapter 8 of City CodeCITY OF MEDINA
ORDINANCE NO.640
AN ORDINANCE CREATING REGULATIONS OF THE
MIXED RESIDENTIAL ZONING DISTRICT;
AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 843 of the code of ordinances of the City of Medina is adding as follows:
SECTION 843
MIXED RESIDENTIAL (MXR) DISTRICT
Section 843.01 Mixed Residential (MXR) — Purpose. The purpose of the Mixed Residential
(MXR) district is to implement the mixed residential land use described in the City's
Comprehensive Plan by providing a zoning district for a mix of residential styles with an overall
average density of 3.5-4.0 units per acre but which includes at least a certain amount of higher
density residential units. Any land use application or similar request within this district shall be
reviewed for consistency with the following objectives in addition to the other standards of the
district and city code. Any application may be required to be amendment or shall be denied if
found to be inconsistence with these objectives. Any request shall be consistent with the
following objectives:
(1) The MXR district shall consist of a creative and thoughtful mix of residential styles
which preserve open space and natural features.
(2) The layout and design of a MXR development shall complement adjacent existing and
planned land uses and shall, to the extent practicable, locate and buffer higher -density
residential uses from lower density uses on adjacent property.
(3) The overall net residential density shall be 3.5 units per acre to 4.0 units per acre over the
net area (e.g. a site with a Net Area of 50 acres could be developed with 175-200 total
units).
(4) The total number of residential units developed shall include a minimum number of
higher -density units equal to the number of acres of Net Area of a development site. For
the sake of this requirement, the higher -density units shall exceed 8.0 units per net acre.
For example, a site with a Net Area of 50 acres would be required to include a minimum
of 50 higher -density units (in excess of 8.0 units per net acre) as a part of the total 175-
200 residential units.
(5) Development on a MXR development site may be phased, provided the site is master -
planned to ensure compliance with the purpose and standards of the MXR district and the
Mixed Residential land use in the Comprehensive Plan. An enforceable covenant shall
be recorded against the property to ensure development occurs consistent with these
requirements.
(6) In a phased MXR development in which property is reserved for future high -density
residential development, flexibility for a range of high -density units shall be reserved
equivalent to at least 5% of the maximum number of units. For example, if a site with a
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November 20, 2018
total Net Area of 50 acres (maximum units=200) reserves 7 net acres for future high -
density development, the master plan is required to reserve capacity for a minimum of
56-66 units on these 7 net acres. The remaining 43 net acres could be developed with no
more than 134 units.
(7) The City may consider modifications of density restrictions for developments that protect
moderate to high quality natural resources as described in the City's natural resource
inventory or exceed other standards. Such modification shall not result in a density less
than 90% of the minimum density nor more than 105% of the maximum density
requirement of the relevant land use. Such modifications shall be at the full and complete
discretion of the City Council following recommendation by the Planning Commission
and shall only be provided to encourage substantial protection of natural features or
development which significantly exceeds standards.
Section 843.02 (MXR) Development Review and Approval Process.
Subd. 1. Mixed Residential Master Plan Required. A Mixed Residential Master Plan shall
be required to regulate uses, density and permissible number of units over a MXR
development to ensure compliance with the purpose, objectives, and requirements of the
district and of the Comprehensive Plan. No development, construction, or subdivision of
property shall be permitted in the MXR District prior to the review and approval of a
Master Plan as described in this subsection.
Subd. 2. All development, construction, and subdivision requests shall be consistent with
the approved Master Plan. Any request which is not consistent with the approved Master
Plan shall be denied.
Subd. 3. Master Plan Review Procedures. An application for Mixed Residential Master
Plan approval shall follow the process described herein. A Master Plan may be reviewed
on its own, or concurrently with other requests such as a concept plan, preliminary plat,
or site plan review.
(a) Submittal Requirements. An application for Master Plan review shall include all
of the following information:
(1) Application form
(2) Fee prescribed by City fee schedule
(3) A Mixed Residential Master Plan which includes:
(i) Clear identification of the limits of the overall site(s) to which the
Master Plan will apply.
(ii) Documentation of property ownership, interest in title, or
authorization from owner(s) of all parcels to make application on
their behalf
(iii) Narrative describing how the project serves the purposes of the
MXR district.
(iv) General site analysis identifying Net Acreage and the locations of
floodplains, wetlands, required upland buffers, and waterbodies.
The site analysis shall also identify existing improvements,
existing vegetation, sensitive environmental areas, significant view
sheds and other important features.
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(v) Permissible range of residential units and minimum number of
high -density residential units required based upon Net Acres.
(vi) A depiction of which development standards (MXR-1, MXR-2 or
MXR-3) will apply to the various lots of the overall Master Plan.
(vii) A sketch plan demonstrating planned residential densities
consistent with the requirements of the mixed residential land use
and MXR district, including potential building layout, unit style,
street jurisdiction, lot layout, environmental conservation areas,
public or private open space, public or private recreation space,
buffering, and other elements of the plan.
(viii) Identification of important utility and other infrastructure
connections and issues.
(ix) Connectivity of the site to surrounding existing and planned land
uses, potential pedestrian/bicycle connections, and other external
land use relationships.
(4) A survey showing all easements of record may also be required by the
Zoning Administrator.
(5) Any additional information as may be reasonably required by the Zoning
Administrator to review compliance with relevant code requirements.
(b) The Planning Commission shall hold a public hearing on the proposal. Notice of
the public hearing shall be published in the official newspaper designated by the
City at least 10 days prior to the hearing. Notice of the hearing shall also be
mailed to owners of property located within 1000 feet of the outer boundaries of
the subject property.
(c) The proposal shall be forwarded to the City Council following review and
recommendation by the Planning Commission, or after 45 days have elapsed since
the commission began its review, whichever occurs first. The City Council shall
act on the application within the time period prescribed by state law. The person
making the application shall be notified of the action taken.
(d) A Mixed Residential Master Plan shall only be approved if it determined to be
consistent with the purpose of the district, the objectives of the Comprehensive
Plan and other relevant requirements of City Code. The City Council may impose
such conditions it deems appropriate to protect the public health, safety, and
welfare, and to ensure consistency with relevant requirements.
(e) The Master Plan shall be recorded against the subject property and regulate future
requests for development, construction, or subdivision.
Subd. 4. Establishment of Mixed Residential Subdistricts. Development within the MXR
zoning district shall be regulated subject to the standards established within either the
MXR-1, MXR-2, or MXR-3 subdistrict as described below. These subdistricts shall be
applied to portions of the property on the overall MXR Master Plan at the discretion of
the City to achieve the purposes of the MXR zoning district.
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Section 843.03. (MXR) Allowed Uses.
Subd. 1. Permitted Uses. The following shall be permitted uses within the MXR district,
subject to applicable provisions of the City Code:
(a) Single -Family Homes
(b) Two -Family Homes
(c) Townhome Dwellings
(d) Multiple Family Structures
(e) Parks and Open Space
(f) Essential Services
Subd. 2. Conditional Uses. The following shall be permitted within the MXR district,
subject to conditional use permit approval, the specific requirements established in
Section llllll, and other applicable provisions of the City Code:
(a) Religious Institutions
(b) Educational Facilities
(c) Assisted Living Facilities and Nursing Homes
(d) Day Care Facilities serving 16 or fewer persons
(e) State Licensed Residential Facility, serving 16 or fewer persons
(f) Community Center
Subd. 3. Accessory Uses. The following accessory uses shall be permitted within the MXR
district, subject to applicable provisions of the City Code and provided such use is
subordinate to and associated with a permitted or conditional use:
(a) Garages
(b) Off-street parking
(c) Private swimming pools, sport courts, and other common recreational facilities
(d) Signs, subject to the requirements of the sign ordinance
(e) Solar Equipment, if affixed to a structure, and in compliance with Section 828.09
subd. 1 of the City Code
Section 843.04. (MXR-1 and MXR-2) Single Family and Two Family Residential Lot
Standards. The following standards shall be observed for all single-family and two-family
residential uses, subject to additional requirements, exceptions and modifications set forth in the
City Code.
Subd. 1. Density of Development and Number of Units: Development or redevelopment
shall be consistent with density and number of unit requirements in the Comprehensive
Plan, the approved Mixed Residential Master Plan and Section 843 of the City Code.
Subd. 2. MXR-1 Subdistrict Lot Standards.
(a) Minimum Lot Width: 90 feet
(b) Minimum Lot Depth: 90 feet
(c) 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.
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(b) Reduced setback for side -load garage: The front yard setback may be reduced to 20
feet if no garage doors face a street and if garage walls facing the street include a
window or architectural elements to give the appearance of living space.
(d) Minimum Rear Yard Setback: 30 feet. The rear yard setback may be reduced to 15 feet if
abutting a preserved open space or common area, but may not be reduced if abutting
public park property.
(e) Minimum Interior Side Yard Setback: 10 feet
(f) 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: 25 feet.
(c) Collector or Arterial Roadways: 50 feet.
(g) Maximum Impervious Surface Coverage: 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 60
percent of the lot area remaining after wetlands and stormwater ponds have been
excluded.
(h) Maximum Building Height: All buildings shall meet all of the following requirements:
(i) 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 suppression
system or if interior side yard setbacks are increased by 50 percent.
(ii) No building shall exceed two and one-half stories in height, with a limitation of two
stories facing a street.
(iii) 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 32 feet.
(i) The standards described in Section 843.04 Subd. 4 shall apply.
Subd. 3. MXR-2 Subdistrict Lot Standards.
(a) Density of Development and Number of Units: Development or redevelopment shall be
consistent with density and number of unit requirements in the Comprehensive Plan and
the approved Mixed Residential Master Plan.
(b) Minimum Lot Width (Single Family Detached): 50 feet, except as noted below:
(i) The minimum lot width shall be increased to 60 feet for corner lots with a side yard
adjacent to a street.
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November 20, 2018
(ii) The minimum lot width shall be increased to 70 feet for lots with a side yard adjacent
to a collector or arterial roadway.
(c) Minimum Lot Width (Two Family Dwelling): 50 feet per unit. except as noted below:
(i) The minimum lot width shall be increased to 60 feet for comer lots with a side yard
adjacent to a street.
(ii) The minimum lot width shall be increased to 70 feet for lots with a side yard adjacent
to a collector or arterial roadway.
(d) Minimum Lot Depth: 90 feet.
(e) Minimum Front Yard Setback: 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 no garage doors face a street and if garage walls facing the street include a
window or architectural elements to give the appearance of living space.
(f) Minimum Rear Yard Setback: 25 feet. The rear yard setback may be reduced to 15 feet if
abutting a preserved open space or common area, but may not be reduced if abutting
public park property.
(g) Minimum Interior Side Yard Setback (Single Family Detached): 7.5 feet
(h) 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.
(i) 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:
(i) Private Street: 25 feet. Parking areas and recreational areas shall be exempt from this
requirement.
(ii) Local Roadway: 25 feet.
(iii)Collector or Arterial Roadways: 50 feet.
(j) Maximum Impervious Surface Coverage: 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 60
percent of the lot area remaining after wetlands and stormwater ponds have been
excluded.
(k) Maximum Building Height: All buildings shall meet the following requirements:
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November 20, 2018
(i) 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 suppression
system or if interior side yard setbacks are increased by 50 percent.
(ii) No building shall exceed two and one-half stories in height, with a limitation of two
stories facing a street.
(iii)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 32 feet.
(1) The standards described in Section 843.04 Subd. 4 shall apply.
Subd. 4. Additional MXR-1 and MXR-2 Development Standards
(a) Building Materials and Design.
(i) Building Materials. All exterior building materials shall be durable and consistent with
relevant codes, regulations, and other industry standards.
(ii) 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 favade 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.
(iii) Utilities. Utilities shall be placed underground.
(b) Landscaping Requirements for the Development Site.
(i) 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.
(ii) 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.
(iii) 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 City
water usage regulations.
(iv) 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. 640 7
November 20, 2018
(i) 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.
(ii) 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.
(v) 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.
(c) Landscaping Requirements for Individual Single -Family and Two -Family Lots.
(i) 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.
(ii) 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.
(i) 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.
(ii) 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.
(iii) Yard Trees. A minimum of four 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:
(i) 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.
(ii) 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.
(iii)Location. For single-family dwellings, two 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
Ordinance No. 640 8
November 20, 2018
within 15 feet of the front lot line. Trees shall be located in a way which does not
interfere with utilities.
(iv)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.
(v) 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.
(iv) 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.
(v) 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 843.05. MXR-3 Subdistrict Standards for Townhome, Multiple Family Residential
and other Uses. The following standards shall be observed for townhomes, multiple family
residential uses and other uses, excluding single-family and two-family dwellings. The standards
shall be 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 and Number of Units: Development or redevelopment
shall be consistent with density and number of unit requirements of the Comprehensive
Plan.
Subd. 2. Density Bonuses: Exceptions or modifications to the density requirements may be
considered natural resources are protected or exceed other standards of the zoning
district.
Subd. 3. Minimum Net Area per Dwelling Unit: 4,350 square feet, except as modified by
Subd. 4. below.
Subd. 4. Reduction of Minimum Net Area per Dwelling Unit. 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 Lot Area per Unit
requirement above may be reduced in accordance to the following, except that the density
after the reduction(s) must be consistent with the Comprehensive Plan. Notwithstanding
Ordinance No. 640 9
November 20, 2018
the reductions awarded for a development, in no event shall the bonus(es) allow for an
increase in building height, nor a net area per dwelling unit less than 2900 square feet.
(a) Affordable Housing (max. reduction = 560 square feet of Net Lot Area per Unit).
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. reduction = 390 square feet of Net Lot Area per
Unit). 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. reduction 200 square feet of Net Lot Area per Unit).
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. reduction
390 square feet of Net Lot Area per Unit).
(e) Sound suppression (max. reduction = 200 square feet of Net Lot Area per Unit). 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. reduction 560 square feet of Net Lot Area per Unit). 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. reduction 110 square feet of Net
Lot Area per Unit). 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. reduction = 390 square
feet of Net Lot Area per Unit)
(i) Dwelling unit amenities (max. reduction 110 square feet of Net Lot Area per Unit).
Amenities such as additional bathrooms, fireplaces, etc.
Subd. 5. Minimum Setback from Perimeter of Site: 40 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 50 feet if the building exceeds two and one-half stories.
(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 50
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) Collector or Arterial Roadway: 50 feet.
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November 20, 2018
Subd. 7. Minimum Setbacks between buildings within a development: 30 feet.
Subd. 8. Maximum Impervious Surface Coverage: 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 60 percent of the lot area remaining after wetlands and stormwater
ponds have been excluded.
Subd. 9. 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.
Subd 10. Building Materials and Design
(a) Building Materials.
(i) Generally. All exterior building materials shall be durable and consistent with
relevant codes, regulations, and other industry standards.
(ii) Accent materials. No less than 20 percent of any fa9ade 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.
(iii) 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, glass, or others approved by the city.
(b) Garage Doors. 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.
(c) 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.
(d) 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.
(e) 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 six dwelling units shall be screened as follows:
(i) Rooftop Equipment. Equipment shall be screened through the use of architectural
elements and materials which are compatible with the overall design of the
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November 20, 2018
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.
(f) Trash and Recycling Facilities.
(i) Trash and recycling bins for individual dwelling units shall be stored so not to be
prominently visible from streets or neighboring units.
(ii) 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.
Subd. 11. Landscaping Requirements.
(a) 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.
(b) Building Setting. A 10-foot wide 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.
(c) 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.
(d) 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.
(i) 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.
(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
Ordinance No. 640 12
November 20, 2018
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.
(e) 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.
(i) Size. Trees shall not be less than one and one-half caliper inches measured four feet
off ground.
(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 are required unless otherwise necessary. No more than 25
percent of trees may be of a single species.
(f) Understory Shrubs. In addition to trees, a full complement 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.
(g) 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.
(i) Landscaping at least 12 feet in width shall separate parking lots into cells of no more
than 120 stalls.
(ii)Landscaping shall break up rows of parking approximately every 20 spaces.
(iii) Species selection shall be guided by soils conditions and plantings shall be designed
in a way which increases the likelihood of long-term survival.
(iv) Where practical, the landscaping areas shall be designed to receive stormwater runoff
from the adjacent parking area.
(h) 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.
(i) 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.
(i) 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.
Ordinance No. 640 13
November 20, 2018
(ii) 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.
q) 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 843.06 Supplemental Requirements for Specific Uses within the MXR 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:
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, except for emergency notification systems
(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;
(g) residential uses shall not be permitted, with the following exceptions:
(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;
(h) the property shall not be utilized for for -profit purposes, or regularly utilized by for -
profit entities;
(i) 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;
(j) 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.
Ordinance No. 640 14
November 20, 2018
(k) 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) exterior bells shall be limited to school hours and shall not be so loud as to create a
nuisance and exterior loudspeakers shall be limited to emergency notification
systems;
(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;
(g) 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;
(h) 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.
(i) 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 and Nursing Homes.
(a) shall abut an arterial or a collector roadway;
(b) 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;
(c) sufficient outdoor plaza and recreational areas shall be provided;
(d) exterior building materials shall consist of the following materials: brick, natural stone,
stucco, Exterior Insulation and Finish System or similar product, fiber cement siding,
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, wood, or other materials approved by the city, if used as accent
materials which are integrated into the overall building design.
(e) the minimum required net lot area per unit shall be reduced by 50% for nursing home,
memory care, or similar units which do not include individual kitchens and where
residents are not able to drive. In order to reduce the required lot area in this way, an
Ordinance No. 640 15
November 20, 2018
agreement in a form and of substance acceptable to the City is required to be recorded
against the property ensuring that the units will remain nursing home or memory care
units.
(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 or a collector roadway;
(b) shall not be operated within a townhome or multiple family dwelling;
(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 or a collector;
(b) shall not be operated within a townhome or multiple family dwelling;
(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 II. Section 828.31 of the code of ordinances of the City of Medina is amended by
adding the underlined language 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.
Ordinance No. 640 16
November 20, 2018
(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.
Required Bufferyard Opacity
Zoning District of Proposed Development
>,
o
o o*
0 0 5
,1 o E
.S � 0
A 8 ct
= ,o Q
o <
N
Rural
R-1
0.3
R-2
0.3
R-3 Qr
MXR
R-4
0.4
R-5
0.4
0.4
PUD-1
0.2
0.3
0.4
0.4
0.4
SR
0.2
0.3
0.3
0.4
0.4
R-1
0.1*
0.2
0.3
0.3
0.4
UR
0.1*
0.2
0.2
0.3
0.3
R-2
0.1*
0.1*
0.2
0.3
0.3
R-3
0.1*
0.1*
0.1*
0.2
0.3
Mixed Use Districts
0.1*
0.1*
0.1*
0.2
0.3
R-4
0.1*
0.1*
0.1*
0.1*
0.2
R-5
0.1*
0.1*
0.1*
0.1*
0.1*
Commercial, Uptown Hamel, General
Business, and Industrial Districts
0.1
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.
SECTION III. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 20th day of November, 2018.
j
Kathleen Martin, Mayor
Attest.
Jodi M/Gallup, City Clerk
Published in the Crow River News on the 6th day of December, 2018.
Ordinance No. 640 17
November 20, 2018