HomeMy Public PortalAbout474CITY OF MEDINA
ORDINANCE NO.474
AN ORDINANCE ADDING SECTION 842 - MIXED USE (MU) DISTRICT TO THE
MEDINA ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS
AS FOLLOWS:
SECTION I. Section 842 of the Medina code of ordinances is added to include the Mixed
Use (MU) District as follows:
SECTION 842.1
MIXED USE (MU) DISTRICT — GENERAL REGULATIONS
Section 842.1.01 Mixed Use (MU) — Purpose. The purpose of the Mixed Use District is to
integrate a mix of uses to promote housing and commercial diversity. The Mixed Use District
will serve, in most cases, as a transitional district between more intense highway -oriented
development and less intense rural or low -density residential uses. The intent of the Mixed
Use District is to permit flexibility in the use of land, while maintaining a set of development
standards and expectations that will allow property owners to design development projects
that respond both to market needs and City development goals. The transitional aspect of
development in the Mixed Use District will require that projects are designed with a special
focus on mitigating any negative impacts on existing and future development in the area.
New development proposals will be evaluated for their consistency with this goal and may be
required to be amended, or may be rejected, when found to be inconsistent. New
developments in the Mixed Use District shall be consistent with the following objectives:
(1) This District shall consist of creative and thoughtful residential and commercial
development that preserves open space and natural features.
(2) Residential density shall average between 3.5 units per acre and 6.99 units per acre
over a minimum of half of the developable area.
(3) Residential development shall complement existing development in surrounding
residential neighborhoods.
(4) Developments shall incorporate creative design and buffering techniques to ensure
smooth transitions between different types of development or different intensities of
uses.
(5) Where appropriate, developments shall be easily accessible to pedestrians, bicyclists
and transit users.
(6) Development shall include high quality and attractive building materials and
architectural design as well as extensive landscaping in order to limit impacts on
Ordinance No. 474
January 5, 2010
surrounding land uses, and shall be integrated and coordinated in a way to most
efficiently utilize site improvements and to protect the natural environment.
(7) Development in the MU District shall demonstrate consistency with the goals,
policies, and other elements of the Comprehensive Plan.
(8) Development shall be designed to be served with public utilities, streets and other
infrastructure without separate City investments, including the necessary extension of
such infrastructure to connect with surrounding existing and/or future development.
Section 842.1.02 (MU) Design and Development Standards.
Subd. 1. General Standards
(1) Minimum Residential Density: 3.5 dwelling units per net acre.
(2) Minimum Land Area to be devoted to residential uses shall be 50 percent of net
developable land.
(3) Maximum Density: 6.99 dwelling units per acre (see density incentives).
(4) Required residential density shall be calculated using the total number of units and
the total land area devoted to residential uses in the Stage I Plan.
(5) Where feasible, residential areas shall consist of more than one dwelling unit style,
e.g. single family detached dwellings, two-family dwellings, attached townhouses,
or multiple family dwellings.
(6) Areas abutting and within 300 linear feet of Trunk Highway 55, County Road 19 or
Willow Drive shall be utilized for commercial land uses.
(7) Areas within 100 feet of property designated in the Comprehensive Plan for rural
residential or low density residential development, shall be comprised of only single
family detached or two family attached dwellings.
(8) If the two standards in (6) and (7) above conflict, standard (6) shall have
precedence.
Subd. 2. Standards for Residential Development. In addition to the general standards
above, the buffer yard requirements of this section, and review and approval
requirements of this section, residential development within the MU District shall
meet the requirements of Section 842.2 and other applicable provisions of the City
Code.
Subd. 3. Standards for Commercial Development. In addition to the general
standards above, the buffer yard requirements of this section, and review and
approval requirements of this section, commercial development within the MU
District shall meet the requirements of Section 842.3 and other applicable provisions
of the City Code.
Section 842.1.03 (MU) Buffer Yards Requirements
Subd. 1. Generally. A buffer yard is a combination of distance, plantings, berms,
and/or fencing. The purpose of a buffer yard is to reduce the negative impacts that
Ordinance No. 474 2
January 5, 2010
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 land use. A buffer yard shall be required when a
developing property is adjacent to or across a street from property of a less
intensive land use, 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 land use, as summarized by the
following table.
• -o Single Family
• o Two Famil
a • o
o
Required Bufferyard Opacity
Townhomes and Multiple
Family
Commercial, Uptown
Hamel, General Business,
and Industrial
Single
Family
0.1 *
0.1 *
0.1 *
0.1 *
Type of Mixed Use Development
Two
Family
0.2
0.1*
0.1 *
0.1 *
Townhomes &
Multiple Family
0.3
0.2
0.2
0.1 *
Commercial
0.3
0.1 *
NOTES:
* Buffer yard only required if the proposed development is adjacent to a collector or arterial roadway with the
noted adjacent land use across the street.
** If a specific land use is not listed, or if the adjacent property is a PUD, the City shall determine the most similar
district to determine the required buffer yard.
Subd. 3. The required buffer yard may be achieved through a combination of distance,
plantings, berming and/or fences. The following combinations, or an alternative
approved by the city, may be utilized:
Ordinance No. 474 3
January 5, 2010
Potential Combinations to Achieve
Bufferyard Opacity
Opacity
Minimum
Buffer Yard
Width
Minimum # of
Buffer Yard
Planting Points
per 1001inear
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
3 5'
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
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
Ordinance No. 474
January 5, 2010
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
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.
Ordinance No. 474 5
January 5, 2010
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
complement 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.
(e) 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. 5 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 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.
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January 5, 2010
(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.
Section 842.1.04 (MU) Development Review and Approval Process.
Subd. 1. Process. All development in the MU District shall follow the process outlined
in this section. No development in the MU District shall be permitted prior to the
completion of all stages of review, nor without the submission of all required
documents, including any additional documents that may be required by the City in
the review of the proposed MU development. At any Stage under this Section the
City shall have the discretion to consider the following actions:
(a) Approve a mixed use development as submitted;
(b) Approve a mixed use development subject to conditions specifying changes to
the submitted proposal; or
(c) Deny any proposed mixed use development if it is found that the proposed
development does not meet the objectives of this District or of the
Comprehensive Plan, or of any of the standards and requirements herein.
Subd. 2. A Mixed Use Development will require approval of the following documents:
(a) A Stage I Plan which identifies the parcels proposed to be subject to the mixed
use development plan, proposed land uses, general site plan layout, phasing,
and other general elements of the project.
(b) A Stage II Plan which identifies the development details of the current phase(s)
of the project, along with a Preliminary Plat that identifies lot sizes, Outlot
dimensions and future land uses, and all areas to be dedicated to the public,
consistent with the City's Subdivision regulations.
(c) A Stage III Plan which establishes a recordable set of documents regulating the
near -term development of the current phase of the project, as well as
establishing the longer -term development of future phases.
Ordinance No. 474 7
January 5, 2010
Subd. 3. Each of the three Stages of approval in the MU District shall be considered a
separate land use application, and shall be submitted with an accompanying City
application form and applicable fees.
Subd. 4. Stage I Plan.
(a) The Stage I Plan establishes the general layout of land uses and densities of
development in the MU District. The Stage I Plan further identifies the limits
of the MU development, for purposes of identifying residential unit counts,
acreages devoted to various land uses, and overall compliance with
Comprehensive Plan objectives. More than one parcel may be included in an
individual Stage I Plan for a mixed use development.
(b) The Stage I Plan shall be recorded against all parcels in the mixed use
development, including the current phase of development and all future
phases. The purpose of the Stage I Plan is to provide notice to future owners
and developers, as well as City officials, of the land use and development
expectations for future phases of the mixed use development. An approved
Stage I Plan shall not require revision, and may serve as the basis for Stage II
plans for any parcel in the mixed use development. The Stage I Plan DOES
NOT confer any development rights — such rights are established only upon
approval of a qualifying Stage II Plan and associated Preliminary Plat, or at
another time as may be required by Minnesota law or agreed to between
developer and City. The approved Stage I Plan may be amended pursuant to a
new application process under this section.
Subd. 5. Stage I Plan submission requirements. The submission requirements for Stage I
Plan approval shall include:
(a) Narrative description of the mixed use project, including how the project fulfills
the purposes of the MU District.
(b) Identification of required minimum dwelling unit count for parcel in question
based on Zoning Ordinance and Comprehensive Plan documents governing
land use on the subject property or properties.
(c) Identification of minimum required land area to be devoted for residential uses
based on Zoning Ordinance and Comprehensive Plan documents governing
land use on the subject property or properties.
(d) Submission of a proposed Stage I Plan providing the following information:
(i) Documentation of property ownership, interest in title, or authorization
from owner(s) of all parcels to make application on their behalf.
(ii) General site analysis identifying developable land including locations of
commercial and residential land uses, sensitive environmental areas,
significant view sheds and other important features.
(iii) Demonstration that required residential densities can be achieved.
(iv) Identification of important utility and other infrastructure connections
and issues.
(v) Connectivity of the site to surrounding land uses, potential
pedestrian/bicycle connections, and other external land use
relationships.
Ordinance No. 474 8
January 5, 2010
(vi) General traffic circulation plan, including a designation of proposed
public and private streets. Said plan shall demonstrate connections to
the area transportation network, or logical extensions of the future
street network demonstrating consistency with the City's
Transportation Plan. Said plan shall further demonstrate how traffic
circulation through the area will avoid conflicts between commercial
and residential traffic.
(vii) For all business and/or commercial areas, a sketch plan illustrating the
proposed layout of commercial buildings and related improvements;
alternatively, where business or commercial areas are not proposed to
be developed immediately, the applicant may submit an estimate of the
commercial development capacity of the property in square feet of
commercial building space.
(viii) For all residential areas, a sketch plan illustrating the preliminary
proposed building layout, unit style, street jurisdiction, lot layout,
environmental conservation areas, public or private open space, public
or private recreation space, and other elements of the plan.
(ix) For each of the parcels in the mixed use development, a statement
identifying the minimum and maximum development capacity, by land
use category, for future phases of the project.
Subd. 6. Stage I Plan approval process. The process for approval of a Stage I Plan shall
be the same as that required for a Conditional Use Permit under Section 825.43,
Subd. 2 — Subd. 5 of the Medina City Code.
Subd. 7. Stage II Plan.
(a) Upon approval of a Stage I Plan, an applicant may proceed to Stage II Plan
approval. The purpose of the Stage II Plan is to establish the development
details for the phase of the mixed use development covered by the Stage II
Plan.
(b) A Stage II approval may be sought for any of all of the individual parcels in the
proposed mixed use development, as identified in the phasing plan
incorporated in the Stage I Plan approval.
(c) A separate Stage II Plan approval shall be required for each phase of the mixed
use development. If desired, an applicant may combine phases and proceed to
Stage II Plan approval for several phases concurrently.
Subd. 8. Stage II Plan submission requirements. The submission requirements for Stage
II Plan approval shall include:
(a) A copy of the approved Stage I Plan relating to development on the mixed use
parcel in question.
(b) Proposed Preliminary Plat, including each of the documents required by Section
820 (Subdivision Regulations) of the Medina City Code.
(i) A proposed development in the MU District shall not be eligible for the
exceptions otherwise provided for in that Section.
Ordinance No. 474 9
January 5, 2010
(ii) The Zoning Administrator may waive certain irregularities in the required
process to permit coordination of the Plat approval process with the
development approval process requirements of the MU District.
(c) All submission requirements for Site Plan Review as specified in Section 825.55
of the Medina City Code.
Subd. 9. Stage II Plan Approval Process. The process for approval of a Stage II Plan
shall be the same as that required for a Conditional Use Permit under Section 825.43,
Subd. 2 — Subd. 5 of the Medina City Code.
Subd. 10. Stage III Plan.
(a) Upon approval of a Stage II Plan, an applicant may proceed to Stage III Plan
approval. A separate Stage III Plan approval shall be required for each phase
of the mixed use development. If desired, an applicant may combine phases
and proceed to Stage III Plan approval for several phases concurrently.
(b) An applicant shall have six months from the date of Stage II approval to submit
Stage III plans.
(c) An applicant may request an extension for the submission of such request,
approval of which is entirely at the discretion of the City Council.
(d) If no Stage III application or extension request is submitted within the required
six month period, the Stage II Plan approval(s) shall be considered void.
Subd. 11. Stage III Plan submission requirements. The submission requirements for
Stage III Plan approval shall include:
(a) Final plans for all approved Stage II development documents, revised per City
Council conditions and findings.
(b) Development Agreement for execution, in a form as approved by the City
Attorney, including the approved Stage I Plan as an exhibit.
(i) The Stage I Plan shall be recorded against all parcels subject to the mixed
use development application.
(ii) The City may require the Development Agreement to be recorded against
any or all parcels, at its discretion.
Subd. 12. Stage III Plan Approval.
(a) Approval of a Stage III Plan shall be by written certification of the the Zoning
Administrator, upon a finding that the submitted documents conform to the
requirements and approvals of the City Council.
(b) The Zoning Administrator shall cause the documents to be signed as necessary,
filed and/or recorded in accordance with this Ordinance and Minnesota law.
(c) No building permit shall be granted for any structure within the MU District until
the appropriate documents are so certified.
(d) Other activities within the mixed use development shall proceed only in
accordance with City requirements, including all necessary permit approvals,
posting of acceptable financial and other securities, and any other applicable
regulation.
Ordinance No. 474 10
January 5, 2010
SECTION 842.2
MIXED USE (MU) DISTRICT — RESIDENTIAL DEVELOPMENT
Section 842.2.01 (MU) Residential Permitted Uses.
(1) Single Family Detached Dwellings
(2) Two Family Dwellings
(3) Townhouse Dwellings, provided no structure contains more than six dwelling units
(4) Multiple Family Structures, provided that:
(a) No structure shall contain more than 16 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
Multiple Family Residential requirement as described by Section 842.1.03
(5) Day Care Facilities serving 12 or fewer persons or group family day care facilities
serving 14 or fewer persons, provided: the facility is state 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
(6) State Licensed Residential Facilities or housing with services establishment registered
under Chapter 144D serving six or fewer persons provided that they are located in a
single family residential area
(7) Parks and Open Space
(8) Essential Services
Section 842.2.02 (MU) Residential Conditional Uses. The following shall be permitted
residential uses, subject to conditional use permit approval, the specific requirements
established in Section 842.2.07, and other applicable provisions of the city code:
(1) Day Care Facilities serving 13 to 16 persons
(2) State Licensed Residential Facility or housing with services establishment registered
under Chapter 144D serving 7 to 16 persons
(3) Assisted Living Facilities, Nursing Homes and other similar uses
(4) Multiple Family buildings with more than 16 units
Section 842.2.03 (MU) Residential Accessory Uses.
(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
Ordinance No. 474 11
January 5, 2010
Section 842.2.04 (MU) Single Family and Two Family Residential 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 80 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.
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.
Ordinance No. 474 12
January 5, 2010
(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 842.2.05 (MU) Multiple Family Residential 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. Requirements for Maximum Density: Certain design and construction features
serve to reduce the real and perceived impacts of crowding prevalent in multiple -
residential dwelling units and building complexes or to meet other City objectives.
Additional density of 5 to 7 units per acre shall be allowed provided that the density is
consistent with the Comprehensive Plan and the overall density average of the subject
site does not exceed 7 units per acre.
(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.
Ordinance No. 474 13
January 5, 2010
(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 land use. The setback adjacent to or across a
street from property of a less intensive land use 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.
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 842.2.06 (MU) Residential Design and Development Standards.
Subd. 1. 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.
Ordinance No. 474 14
January 5, 2010
(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.
Subd. 2. Building Materials.
(a) All exterior building materials shall be durable and consistent with relevant
codes, regulations and other industry standards.
(b) Townhome Units. No less than 20 percent of any favade facing a public or
private street shall be an accent material.
(c) Multiple Family Units. 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.
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.3. Garages.
(a) Single Family and Two -Family Units. Each principal dwelling unit shall include
garage space with a minimum capacity of two vehicles.
(b) Townhomes shall include garage space with a minimum capacity of two vehicles.
(c) Multiple family structures shall include a minimum of one enclosed or
underground parking stall per dwelling unit.
(d) All Units. 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 setback of garage doors, differentiating roof designs,
constructing dormers, and installing garage doors with windows or other
design elements
Subd.4. Utilities.
(a) Utilities shall be placed underground.
(b) 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.
(c) Equipment which serves more than one dwelling unit 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 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.
Ordinance No. 474 15
January 5, 2010
Subd. 5. Building Modulation and Articulation (Townhomes and Multiple Family
Units). 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. 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 all 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 the
compatible architecture as the principal structure and shall abide by yard
setback requirements.
Section 842.2.07 (MU) Supplemental Requirements for Specific Residential Uses.
Subd. 1. 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.
(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. 2. State Licensed Residential Facility or housing with services 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.
Ordinance No. 474 16
January 5, 2010
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. Multiple Family Buildings with More Than 16 Units
(a) A development with one or more structures containing more than sixteen (16)
dwelling units shall install a buffer yard with an opacity at least 0.1 greater
than the Townhome & Multiple Family Land Uses requirement as described
in Section 842.1.03, Subd. 2 of this Ordinance.
(b) The architecture and building mass is consistent with other buildings in the
neighborhood, or properly serves the objective of transition between lower
and higher intensity uses as required by this Ordinance.
(c) No more than 50 percent of the parking area serving the building consists of open
surface parking.
(d) Where applicable, such buildings shall provide amenities to be consistent with
"bonus density" in Section 842.2.04 Subd. 5 of this Ordinance.
Section 842.2.08 (MU) Residential Landscaping Requirements.
Subd. 1. Single and Two Family Units.
(a) 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
Ordinance No. 474 17
January 5, 2010
considered landscaping and shall not be excluded from the gross acreage of
the parcel when calculating impervious surface coverage.
(b) 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 and
provide access to the property, as required by the City Council, it
ensure that landscaping is completed within one year.
(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.
(c) 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:
(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. 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.
(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.
(d) 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.
(e) 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.
Subd. 2. Single Family and Two Family Development Sites.
(a) Generally. All areas within a development site shall be landscaped, except for
areas occupied by streets, sidewalks, trails, buildings, driveways, walks,
Ordinance No. 474 18
January 5, 2010
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 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.
(b) 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.
(c) 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 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.
(d) 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.
Subd. 3. Townhome and Multiple Family Development Sites.
(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
Ordinance No. 474 19
January 5, 2010
be included in the gross acreage of the parcel when calculating impervious
surface coverage.
(b) 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.
(c) 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 five
feet in height.
(ii) Location. Tree location shall be approved by the city prior to planting.
(iii) Type. Trees shall be suitable for the soil and site conditions and
compliment others in the area. Native species, as listed within the tree
preservation ordinance are required unless otherwise necessary. No
more than 25 percent of trees may be of a single species.
(iv) Credit for Preserved Trees. The city may reduce the required number of
overstory trees if an applicant preserves more existing trees than
required by the Tree Preservation Ordinance, Section 828.41. The city
shall determine the amount of credit granted for such existing trees.
(d) 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.
(e) 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.
(f) 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.
Ordinance No. 474 20
January 5, 2010
(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.
(g) 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.
(h) 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.
(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.
(j) 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.
Ordinance No. 474 21
January 5, 2010
SECTION 842.3
MIXED USE (MU) DISTRICT — COMMERCIAL DEVELOPMENT
Section 842.3.01 (MU) Commercial Permitted Uses.
(1) Essential Services
(2) Office Uses
(3) Parks and Open Space
(4) Public Services
(5) Retail Uses, except the following uses are not permitted uses: pet stores, pawn shops,
and adult establishments.
(6) Service Uses and Services Delivered Off -Site, including but not limited to
building/lawn contractors, electrical and other skills trades and pest control, except
the following are not permitted uses: hospitals, veterinarian clinics, adult
establishments and services related to automobiles.
(7) Warehousing, Wholesaling, and Distributors not exceeding 10,000 square feet
Section 842.3.02 (MU) Commercial Conditional Uses. The following shall be permitted
commercial uses, subject to conditional use permit approval, the specific requirements
established in Section 832.3.06, and other applicable provisions of the city code
(1) Structures which exceed 50,000 square feet in floor area
(2) Assembly or manufacturing of light industrial products, except not the following uses
and processes: leather tanning; paper manufacturing; meat slaughtering or rendering;
metal plating; Teflon coating or similar coatings requiring high temperatures; the use
of heavy or other drop forges; the use of heavy or other hydraulic surges; or the use of
any devices capable of detection at the property line.
(3) Automobile, Marine, or Trailer Sales or Rental
(4) Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops
(5) Automobile Towing
(6) Car Washes or Auto Detailing
(7) Drive -through services
(8) Hospitals
(9) Indoor Recreational Uses, including but not limited to bowling alleys, dance halls,
movie theaters, and live entertainment.
(10) Pet Stores
(11) Warehousing, Wholesaling or Distributors more than 10,000 but less than 60,000
square feet in floor area.
(12) Veterinarian Clinics
(13) Motor fuel stations provided that the site has frontage along Highway 55
(14) Religious Institutions
(15) Educational Facilities
(16) Places of assembly, conference halls, lodges, and similar uses
(17) Vertical Mixed Use Developments
Ordinance No. 474 22
January 5, 2010
Section 842.3.03 (MU) Commercial Accessory Uses.
(1) Off-street parking and loading
(2) Outdoor dining and/or drinking areas, subject to the requirements established in
Section 842.3.05, Subd. 11.
(3) Outdoor display of goods used in conjunction with and on the same site as the
permitted use or conditional use, subject to the requirements established in Section
842.3.05, Subd. 12.
(4) Outdoor recreational sports courts, subject to a conditional use permit and the
requirements established in Section 842.3.05, Subd. 13.
(5) Outdoor storage, subject to a conditional use permit and the requirements established
in Section 842.3.05, Subd. 15.
(6) Signs, subject to the requirements of the sign ordinance
(7) Temporary Outdoor Sales Events, subject to an administrative review of compliance
with the requirements established in Section 842.3.05, Subd. 16.
(8) Parking structures, subject to a conditional use permit and the requirements
established in Section 842.3.05, Subd. 20.
Section 842.3.04 (MU) Commercial Lot Standards. The following standards shall be
observed, subject to additional requirements, exceptions and modifications set forth in the
city code:
Subd. 1. Minimum Lot Size: One acre. The minimum lot size may be reduced to 0.5 acre
if the lot is part of an integrated development utilizing shared improvements such as
parking and stormwater management, as approved by the City.
Subd. 2. Minimum Lot Width: 100 feet
Subd. 3. Minimum Lot Depth: 120 feet
Subd. 4. Minimum Front Yard Setback: 25 feet
Subd. 5. Minimum Rear Yard Setback: 25 feet
Subd. 6. Minimum Interior Side Yard Setback: 15 feet
Subd. 7. 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: 25 feet
(b) Minor Collector Roadway: 35 feet
(c) Major Collector or Arterial Roadway: 50 feet
Subd. 8. Residential Setback: A required yard setback adjacent to or across a street from a
residential land use shall be increased to 50 feet.
Ordinance No. 474 23
January 5, 2010
Subd. 9. Minimum Railroad Setback: A required yard setback adjacent to a railroad right-
of- way may be reduced to zero, except as necessary for safety, fire access, or utility
purposes.
Subd. 10. Minimum Parking Setbacks: Parking stalls, parking aisles, and fire lanes may
encroach within the required yard setbacks but shall be located the following
distances from property lines:
(a) Front Yard: 25 feet
(b) Rear and Interior Side Yard: 10 feet, except to accommodate shared/joint parking
across a common lot line.
(c) Side Yard, if adjacent to street: 25 feet
(d) Residential Land Use: 40 feet
Subd. 11. Maximum Impervious Surface: Impervious surface coverage shall not exceed
75 percent of the entire lot. The maximum impervious surface coverage may be
increased to 80 percent if the lot is part of an integrated development utilizing shared
improvements such as parking and stormwater management, as approved by the City.
However, in no case shall impervious surface coverage exceed 85 percent of the
remaining lot area after wetlands and stormwater ponds have been excluded.
Section 842.3.05 (MU) Commercial Design and Development Standards.
Subd. 1. Building Size: Except for Vertical Mixed Use Developments, structures in
excess of 50,000 square feet of floor area shall only be permitted subject to
conditional use permit approval, the specific requirements established in Section
838.5.08, and other applicable provisions of the city code.
Subd. 2. Maximum Building Height: Building height shall not exceed 35 feet. In the case
that a structure is not equipped with a compliant fire sprinkler system, the maximum
building height shall be 30 feet.
Subd. 3. Outdoor Lighting: Unless otherwise specified herein, outdoor lighting shall
abide by the requirements specified in the Outdoor Lighting Ordinance.
(a) Lighting levels at property lines shall be limited to 0.5 foot-candle, except if
adjacent to a residential land use, where lighting shall be limited to 0.0 foot-
candle.
(b) Parking lot and Walkway lighting fixtures shall utilize full cut-off luminaries
with no more than 10 percent of light output above the horizontal plane
through the light source.
(c) Landscape and architectural lighting shall be aimed directly at the area of
focus. Spill light shall be minimized through the use of narrow distribution
luminaries and control devices such as louvers, refractors, barn doors, and
glare shields.
Ordinance No. 474 24
January 5, 2010
Subd. 4. Building Materials. All exterior building materials shall be durable and meet
the following standards:
(a) A minimum of 30 percent of the building exterior shall be brick, natural stone,
stucco (not Exterior Insulation and Finish System or similar product), copper,
or glass.
(b) A maximum of 70 percent may be decorative concrete, split face (rock face)
decorative block, and/or decorative pre -cast concrete panels. Decorative
concrete shall be color impregnated in earth tones (rather than painted) and
shall be patterned to create a high quality terrazzo, brick, stucco, or travertine
appearance.
(c) A maximum of 20 percent may be wood, metal (excluding copper), or fiber
cement lap siding, if used as accent materials which are integrated into the
overall building design.
Subd. 5. Building Modulation. Buildings shall be designed to avoid long, monotonous
building walls. Modulation may include varying building height, building setback, or
building materials/design. Generally, a particular building elevation shall include a
minimum of one element of modulation per 100 feet of horizontal length, or portion
thereof. Alternative architectural or site elements and designs may also be approved
by the city which achieve the purpose of reducing the visual impact of long building
walls.
Subd. 6. Building Fenestration and Transparency. Building elevations which face a
public street shall include generous window coverage. Alternative architectural
elements may be approved by the city when windows are not practical.
Subd. 7. Multi -sided Architecture. Any rear or side building elevation which faces a
public street or a residential land use shall include design and architectural elements
of a quality generally associated with a front fa9ade. The elevation(s) shall be
compatible with the front building elevation. Additional signage shall be permitted
for an elevation facing a public street or interior access drive, as regulated within the
sign ordinance. Multi -sided architecture shall not be required in situations where the
rear or side building elevation is fully screened from view from the adjacent street or
residential property.
Subd. 8. Utilities. All utilities shall be placed underground. To the extent possible, all
utility equipment, meters and transformers shall be placed either inside of the
building or within an outside mechanical court formed by walls. If not located within
the building, these items shall be fully screened from view from adjacent property and
streets through the use of opaque landscaping or walls constructed of materials which
are compatible with the building.
Subd. 9. Mechanical Equipment. All HVAC and other mechanical equipment shall be
designed, located, and/or screened so they are not visible from adjacent property or
public streets.
Ordinance No. 474 25
January 5, 2010
(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. 10. Trash and Recycling Facilities. All trash and material to be recycled shall be
stored within the principal building, within an accessory structure, or within an
enclosed outdoor area adjacent to 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. Screening. In situations where screening is required by the zoning ordinance
or as a term of a conditional use permit, the following standards shall be satisfied
through the use of fences, walls, or vegetative screens.
(a) Standards for vegetative screens. Vegetative screens shall consist of fully
hardy plant materials, planted in a way to be at least 80 percent opaque year-
round. The height of the screen shall be determined by the city, taking into
account the characteristics of the object(s) or area being screened, but shall be
of adequate size immediately upon planting. The plants within a vegetative
screen shall be in addition to the general landscaping requirements of this
section.
(b) Standards for screening fences or walls. A screening fence or wall shall be
constructed of attractive, finished materials such as masonry, brick or wood.
Materials and design shall be compatible with the principal structure. The
height of the fence or wall shall be determined by the city taking into account
the characteristics of the object(s) or area being screened.
(c) Maintenance. The property owner shall be responsible for ensuring that fences
and walls are not in disrepair and that planting screens are maintained in a
neat and healthful condition. Failure to do so shall be a violation of this
ordinance and may be deemed a nuisance, subject to necessary enforcement
procedures.
(e) Berming. If an earth berm is proposed to supplement the screening, the berm
shall be undulating in order to give a natural appearance.
Subd. 12. Outside Storage of Service Vehicles. A limited number of vehicles utilized for
the use permitted on a property may be stored within the required off-street parking
area. One vehicle for every 10,000 square feet of building footprint, or portion
thereof, shall be allowed. Vehicles shall be currently licensed, operable, less than 24
feet in length, and not more than 12,000 lbs. of gross vehicle weight. Additional
vehicles and larger vehicles than allowed above shall be parked inside of buildings,
within a loading dock, or within an outside storage area as regulated herein.
Ordinance No. 474 26
January 5, 2010
Subd. 13. Loading Docks.
(a) Screened from Residential. No loading dock shall be visible, to the fullest
extent possible, from any residential land use. Screening may be accomplished
through one or more of the following: using buildings to screen, opaque
landscaping, decorative walls, or decorative fencing.
(b) Location. No loading dock shall encroach into the required setbacks for the
front yard or a side yard adjacent to a street. Loading docks shall be located,
and landscaping shall be utilized so as to minimize visibility from streets.
Section 842.3.06 (MU) Supplemental Requirements for Specific Commercial Uses.
Subd. 1. Structures which exceed 50,000 square feet of floor area.
(a) The structure may only be utilized for a use which is permitted in the zoning
district in which it is located.
(b) Required Front, Rear, and Side Yard Setbacks shall be increased to 50 feet.
(c) Structures and loading areas shall be no less than 100 feet from residential
land uses. Parking shall be no less than 80 feet from residential land uses.
(d) The city may require increased landscaping and screening to minimize the
impact of intensive traffic within parking and loading areas.
(e) The city may require additional landscaping, screening and architectural
elements to minimize the impact of longer building facades.
(0 A detailed traffic analysis may be required by the city to determine traffic
control needs.
Subd. 2. Assembly and Manufacturing of light industrial products
(a) The structure containing the use shall be no less than 200 feet from residential
land uses.
(b) Equipment specifications shall be submitted. Vibration and noise reduction
measures, and conditions related to building layout may be required by the city.
Measures may be required regarding ventilation systems in order to prevent
adverse effects of exhaust or emissions on adjoining property or tenant spaces.
(c) Specific provisions shall be identified for property storage and disposal of fuels,
chemicals, and any other hazardous materials.
Subd. 3. Automobile, Marine, and Trailer Sales or Rental
(a) Inventory shall be stored and displayed inside of a building or within an
approved outdoor storage area, which shall meet the standards required herein.
(b) No inoperative vehicles shall be stored on the premises, unless in the process
of being repaired and are stored within a building.
(c) On -site repair or maintenance of vehicles shall be subject to the conditions
established for Automobile Repair, Oil Lubrication Service Shops, Auto Body
Shops above.
(d) No test driving of vehicles shall be permitted on local residential streets.
(e) All vehicle dealers shall be licensed by the state.
Subd. 4. Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops
Ordinance No. 474 27
January 5, 2010
(a) The structure containing the use shall be no less than 200 feet from residential
districts.
(b) Vehicles parked outside awaiting service or pick-up shall be located in an area
which is fully screened from neighboring properties and from the right-of-way.
(c) No inoperative vehicles shall be stored on the premises, unless in the process
of being repaired and are stored within a building.
(d) All repair functions shall occur within an enclosed building.
(e) No sales, storage, or display of automobiles shall be permitted unless a
conditional use permit is granted for such a use.
(f) Equipment specifications shall be submitted. Vibration and noise reduction
measures may be required by the city.
(g) Additional screening may be required to limit sight and noise impacts of
service bays.
(h) Adequate provision shall be made for proper inside storage of all new and used
petroleum, chemical, liquid, and other products.
(j) Towing operations shall be permitted as an accessory use, but only if allowed
as part of the conditional use permit and if clearly subordinate to the principal
use. The city may apply necessary conditions and limitation on this use.
Subd. 5. Automobile Towing
(a) Towed vehicles shall be stored inside of a building or within an approved
outdoor storage area, as regulated herein.
(b) No inoperative vehicles shall be stored on the premises, unless stored within a
building.
(c) No salvaging, crushing or recycling of vehicles shall be permitted.
(d) Additional screening may be required adjacent to the area where vehicles are
loaded into the building and/or approved outdoor storage area.
Subd. 6. Car Washes or Auto Detailing
(a) The structure containing the use shall be no less than 200 feet from residential
districts.
(b) Additional screening may be required to limit sight and noise impacts of
service bays.
(c) Equipment specifications shall be submitted. Noise reduction measures may be
required by the city.
(d) Adequate provisions shall be made for circulation and stacking. Stacking
requirements shall be based on the specifications of the car wash and the
amount of time required to wash a car.
Subd. 7. Drive -through services
(a) All parts of the drive -through lane(s) shall be no less than 200 feet from
residential land uses.
(b) Drive -through lanes shall not be permitted within required yard setback areas.
(c) The site plan shall allow adequate pedestrian circulation, vehicle circulation,
and vehicle stacking which does not interfere with on -site parking and loading.
Ordinance No. 474 28
January 5, 2010
(d) The drive -through shall allow adequate stacking and circulation so as to avoid
impacts on adjacent property or public right-of-way.
(e) The City may require additional necessary conditions to limit the impact of
drive -through lanes on surrounding property, including but not limited to:
limiting hours of operation, restricting drive -through lane orientation, limiting
the volume of loudspeakers and ordering devises, and/or requiring additional
landscaping, berming, or other means of screening.
Subd.8. Hospitals
(a) Hospital structure(s) shall not be located within 1,500 feet of a residential land
use. Additionally, the primary vehicular access point to the hospital shall not
be located within 1,500 feet of a residential land use.
(b) Primary access shall be located on a road designated as a collector or arterial.
(c) No heliport shall be located within 1,500 feet of a residential land use.
(d) A traffic analysis shall be submitted which specifically takes emergency
vehicle access into consideration.
(e) A detailed plan shall be submitted for parking (long- and short-term), access,
and pedestrian circulation based on the operation of the hospital facility.
Subd. 9. Indoor Recreational Uses.
(a) Entrances for public access, as well as other outdoor areas where patrons may
congregate, shall be no less than 200 feet from residential districts.
(b) Provisions for noise reduction shall be identified based on the type of use
proposed.
Subd. 10. Motor Fuel Stations
(a) Fuel pumps and structures shall be no less than 200 feet from residential land
uses.
(b) No ingress or egress to the site shall be provided within 60 feet of the projected
curblines of intersecting streets.
(c) Fuel pumps shall be installed at least 12 feet from required yard setbacks.
(d) Stacking shall be provided at each fuel pump island which does not interfere
with vehicle or pedestrian circulation.
(e) Site drainage and stormwater facilities shall be designed to limit the potential
impact of fuel spills and other hazardous materials.
(f) Any protective canopy shall meet the required yard setbacks of the district, but
in no case shall be located closer than 20 feet from a property line. The canopy
structure shall be constructed using materials and architectural design which
are compatible with the principal structure. Canopy lighting shall be recessed
or fully shielded and shall meet the outdoor lighting requirements of this
ordinance.
(g) No sales, rental, repair, or maintenance of motor vehicles or trailers shall be
permitted unless these uses are part of the conditional use permit approval and
meet the requirements set forth herein for the specific use.
(h) Additional screening may be required to limit the impact of headlights on
adjacent property.
Ordinance No. 474 29
January 5, 2010
Subd. 11. Outdoor dining and/or drinking areas
(a) The outdoor space shall be at least 200 feet from any residential land use.
(b) The area shall be directly adjacent to the principal structure, and be clearly
delineated by fencing or decorative landscaping.
(c) The area shall not interfere with fire safety access to the building.
(d) Outdoor speakers and lighting shall be designed to limit impacts on adjacent
property or right-of-way.
(e) Pervious surfacing is encouraged, and if utilized, these areas shall not be
considered as an impervious surface.
Subd. 12. Outdoor display of goods used in conjunction with and on the same site as the
permitted use or conditional use
(a) The display area shall be directly adjacent to a structure or under a permanent
canopy.
(b) The display area shall not exceed two percent of the area of the footprint of the
principal building or 400 square feet, whichever is less.
(c) Goods in the display area shall be organized and neatly stored.
(d) The display area shall not occupy parking/loading or landscaping areas, and
shall not interfere with fire safety access to the building.
Subd. 13. Outdoor recreational sports courts
(a) Conditions shall be required to minimize the impact of noise and lighting, and
also to minimize the likelihood of the recreational activity spilling over onto
adjacent property or right-of-ways. These conditions may include, but are not
limited to: limiting hours of use, restricting the location of the court, and
requiring fencing or screening.
(b) The sport court shall not be located in the front yard or a side yard adjacent to
a right-of-way, and shall abide by structure setback requirements.
Subd. 14. Pet Stores or Veterinarian Clinics
(a) Shall not be located within 200 feet of a residential land use.
(b) Animals may not be kenneled outside. However, an outdoor area not to
exceed 2,000 square feet may be utilized by the animals. The outdoor area
must be well maintained and animal waste must be picked up daily. The City
may apply necessary conditions to limit the impact of the outdoor area on
neighboring properties, including but not limited to: fencing and screening,
hours of use, number of animals permitted outdoors at one time, and other
factors.
(c) The site and building plans shall be designed in a way to reduce noise. This
shall include floor plan layout, ventilation plans, and window and door
locations.
(d) The site plan shall identify provisions for proper storage and disposal of
hazardous materials, medical waste, and animal waste.
Ordinance No. 474 30
January 5, 2010
Subd. 15. Outdoor Storage of Materials and Inventory.
(a) Outside storage shall not be permitted on parcels less than 3 acres in size.
(b) The area of storage shall not exceed an area equal to 10 percent of the gross
area of the lot or 20 percent of the footprint area of the principal structure,
whichever is less.
(c) The area of storage shall not be located within the front yard or a side yard
adjacent to a right-of-way.
(d) The area of outside storage shall be set back a minimum of 50 feet from all
property lines, and a minimum of 100 feet from a residential land use
(e) The area of storage shall be surfaced with a material approved by the city, and
may not be gravel.
(0 The area of storage shall be fully screened from neighboring properties and
from the right-of-way. If a fence is used for screening, additional landscaping
shall be required adjacent to the area of storage, which shall not be counted
towards the landscaping requirements of the site. Similarly, if natural
screening is utilized, these plantings shall not be counted towards landscaping
requirements.
Subd. 16. Temporary Outdoor Sales Events.
(a) Sales events shall not be conducted on a property for more than 50 days in a
given calendar year, and shall not be permitted on a vacant lot.
(b) Sales events shall not be permitted on public sidewalks or streets, or within
public right-of-way, except if allowed subject to the City special event
ordinance.
(c) The sales area shall not exceed ten percent of the area of the footprint of the
principal building or 3,000 square feet, whichever is less.
(d) The sales area shall abide by the front, rear, and side yard setback
requirements of the relevant zoning district and shall be located at least 200
feet from a residential land use.
(e) The sales area shall not be permitted on an unpaved surface.
(0 The sales area may be located within a parking lot provided:
(i) The City determines that adequate parking will be provided for the
needs of both the principal use and sales events. However, in no case
shall more than ten percent of the parking spaces on the property be
occupied by the sales events.
(ii) The City determines that adequate vehicular circulation, pedestrian
circulation, and emergency vehicle access are maintained.
(g) Sales shall only be conducted by the owner or a leaseholder of a property,
unless a transient merchant license is obtained from the City.
(h) No outdoor speakers or music shall be allowed.
(i) Temporary signage for the event shall be regulated by the City sign ordinance.
(j) Prior to operating a sales event, the applicant shall submit to the zoning
administrator a site plan showing sales area, parking area, and emergency
access. Additionally, the applicant shall submit a schedule of operation and any
additional information required by the zoning administratorin order to review
compliance with the requirements of this ordinance. The zoning administrator
Ordinance No. 474 31
January 5, 2010
may require any necessary conditions to the use to ensure compliance with this
ordinance and to promote public safety, or may deny an application which does
not abide by the conditions or otherwise violates this ordinance. The applicant
may appeal a decision of the zoning administrator to the city council. The
applicant shall be responsible for costs accrued with review of the application
and any appeal, as described by city fee schedule.
Subd. 17. Religious Institutions, Places of Assembly, Conference Halls, Lodges, and
Similar Uses.
The minimum lot size shall be increased to 4 acres.
The minimum lot width and depth shall be increased to 300 feet.
Shall abut an arterial roadway or abut a collector roadway no more than 1,500
feet from an intersection with an arterial roadway.
No exterior bells or loudspeakers.
Buffer yard requirements adjacent to or across a street from property of a less
intensive land use or the same land use shall be increased to an opacity
measurement of 0.5. Buffer yard requirements are described in Section
842.1.03.
(0 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.
The building's largest meeting space's seating capacity shall not exceed 500
persons.
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.
The property shall not be utilized for for -profit purposes, or regularly utilized
by for -profit entities.
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.
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.
(a)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
(i)
(k)
Subd. 18.
(a)
(b)
(c)
(e)
(0
Educational Facilities.
The minimum lot size shall be increased to 4 acres.
The minimum lot width and depth shall be increased to 300 feet.
Shall abut an arterial roadway or abut a collector roadway no more than 1,500
feet from an intersection with an arterial roadway.
No exterior bells or loudspeakers.
Buffer yard requirements adjacent to or across a street from property of a less
intensive land use or the same land use shall be increased to an opacity
measurement of 0.5. Buffer yard requirements are described in Section
842.1.03.
Ordinance No. 474 32
January 5, 2010
(g)
(h)
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.
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.
The property shall not be utilized for for -profit purposes, or regularly utilized
by for -profit entities.
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.
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. 19. Vertical Mixed Use Developments.
(a) Commercial uses are preferred on the first floor of all vertical mixed use
developments, however, when consistent with adjacent uses and transitional
requirements of the MU District, residential uses may be allowed on the first
floor.
(b) Parcels containing residential components of vertical mixed use developments
will be counted towards the overall required residential developable area and
density.
(c) At least one enclosed parking space will be required for all residential units.
Required parking spaces shall be either included within or attached to the
principal building.
(d) The maximum building height shall be 45 feet. If taller than 30 feet, the
structure shall be equipped with a compliant fire sprinkler system.
(e) Unless otherwise required herein, building design, landscaping, buffer yards
and other relevant site elements shall be as required for commercial uses in
this District.
Subd. 20. Parking Structures.
(a) The parking structure shall not exceed the height of the principal structure on
the parcel.
(b) The parking structure shall abide by the exterior building material
requirements of the district and be consistent with the architectural design of
the principal structure.
(c) The parking structure shall not extend into required yard setbacks in the same
way allowed for surface parking.
(d) Additional landscaping and screening requirements may be required to reduce
the visibility of the parking structure.
Ordinance No.474 33
January 5, 2010
Section 842.3.07 (MU) Commercial Landscaping Requirements.
Subd. 1. Generally. The entire lot shall be landscaped, except for areas occupied by
buildings, walks, trails, parking lots, drives, loading docks, plaza space, wetlands,
wetland buffers, and woodlands. Landscaping shall include trees, shrubs, plantings,
and ground cover as approved by the city. Properly maintained natural vegetation
may also be utilized. Integrated stormwater management practices, such as vegetative
swales, vegetated filter strips, bioretention, and raingardens, shall be considered
landscaping and shall not be excluded from 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, outdoor sales areas, plaza space and approved
loading docks. Walks within this landscaped area shall be limited to where practically
necessary to serve access points of buildings.
Subd. 3. Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one
tree per 50 feet, or fraction thereof, of lot perimeter shall be required.
(a) Size. Deciduous trees shall not be less than 2.5 caliper inches measured four
feet off ground, and coniferous trees shall not be less than six feet in height.
(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 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
Subd. 9 of Section 838.5.03. The trees shall satisfy the requirements of Subd.
3 of Section 838.5.03. The city shall determine the amount of credit granted
for such existing trees.
Subd. 4. Ornamental Trees. A minimum of one tree per 100 feet, or fraction thereof, of
lot perimeter shall be required.
(a) Size. Trees shall not be less than two 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. 5. 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 30 feet, or fraction thereof, of lot perimeter.
Ordinance No. 474 34
January 5, 2010
Subd. 6. Parking Lot Landscaping. A minimum of eight percent of the total land area
within parking, driveway, and loading dock areas shall be landscaped.
(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) Shade trees shall be included within the landscaping. Species selection shall
be guided by soils conditions and trees shall be planted in a way which
increases the likelihood of long-term survival.
(d) Where practical, the landscaping areas shall be designed to receive stormwater
runoff from the adjacent parking area.
Subd. 7. Maintenance. Provisions shall be made to irrigate landscaping areas as
necessary, consistent with the water usage regulations. The property owner shall be
responsible to see that the approved landscaping plan is maintained in an attractive
and well -kept condition and to replace any landscaping that does not survive.
Subd. 8. Landscaping Guarantee. The owner shall guarantee the growth and
maintenance of all plants for a minimum of two growing seasons following an
inspection of all completed plantings. The owner shall submit a financial guarantee,
in a form acceptable to the City, prior to issuance of a building permit to ensure the
planting and survival of the plantings. Any plant which does not survive or has
severely declined (for example, 25% of the crown has died in the case of trees) shall
be replaced, and the replacement should be guaranteed for an additional two growing
seasons. The City shall retain financial guarantee in an amount necessary for any
replacements.
Subd. 9. Tree Preservation. Removal of significant trees and any construction activity
within commercial districts shall be subject to the requirements set forth by the City's
Tree Preservation Ordinance Section 828.41.
SECTION II. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 5th day of January, 2010.
T7'14(
T.M. Crosby, Jr., Ma
ATTEST:
4.4 44 AiL___
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this Sth day of January, 2010.
Ordinance No. 474 35
January 5, 2010