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HomeMy Public PortalAbout05-2008Agenda Item: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: April 29, 2008 MEETING: May 13, 2008 Planning Commission SUBJ: Greenwood Stables (Sara Hogan) —1982 Hamel Road — Variances and Conditional Use Permit for construction of a horse barn Application Deadline Original Application Received: April 15, 2008 Complete Application Received: April 29, 2008 60-day Review Deadline: June 28, 2008 Overview of Request Sara Hogan has requested approval of variances and a conditional use permit to construct a horse barn at 1982 Hamel Road. The structure would replace an existing structure in the same location, but is approximately 2,500 square feet larger and approximately one foot taller than the existing structure. The proposed location is 41.4 feet east of the property line. The structure is proposed for private use only, and no commercial use is requested. Following is a list of the requests necessary to allow construction of the structure: Conditional Use Permit (accessory structure) — Section 825.19 states that parcels over 3 acres in size may include up to two accessory structures for an aggregate total of 3,000 sq. ft. in size. Additional accessory buildings and square footage is permitted on parcels over 5 acres in size via a CUP. The purpose of a CUP is to allow the City Council to impose conditions on the use which it considers necessary to protect the public health, safety and welfare. Variance(s) (side yard setback and animal structure setback) — Animal structures in the Rural Residential district must be constructed at least 150 feet from all property lines. It should also be noted that all structures in the district are required to be located a minimum of 50 feet from the side property lines, so the proposed location does not even meet non -animal structure setbacks. Variance (building height) — Subd. 3 of Section 825.19 requires that accessory structures in residential districts not exceed the height of the principal structure on the property. The proposed structure height is 22.3 feet while the home structure height of the home is 19.5 feet. In terms of gross height, the peak of the proposed structure is 29 feet while the home is 26.75 feet to the peak. Site Description The subject property is approximately 19.25 acres in size and is zoned Rural Residential. Existing structure include the home and an existing 16,300 sq. ft. horse barn located in the same location as the proposed structure. Two large paddocks, an outdoor riding ring, and driveway/parking space are also located in the vicinity of the existing horse barn. Hard surfaces cover approximately 12.6% of the site, excluding the items required by ordinance (setback areas, septic sites, >6% slopes), the technical "hardcover" is approximately 17%. The proposed location is fairly visible from Hamel Road, especially when leaves are off trees during the winter and spring. Potential wetlands have been identified in the east and north portions of the property. The applicant has agreed to have the City's wetland engineer conservatively locate the wetlands in order to install fencing and to conduct any upland buffering which may be required by the wetland ordinance in place at time of permit. The potential wetlands are identified by the hatched areas in the aerial above. The applicants wish to install a cement manure containment area to the north side of the structure. Staff suggests this as a condition if the City were to approve of the application. Building Details The proposed structure is 184 feet in length (north -south) and 144 feet wide (east -west) at the widest point. The structure juts out to this full width for approximately 1/3 of the total length of the structure. The structure is a pole frame building and exterior building material is proposed to be 29 gauge steel, which the plans identify as two -toned. The architectural design strives for a typical barn look, with barn doors, faux hay doors, and cupolas along the roofline. These elements and the layout of the structure break up the massing a bit, especially along Hamel Road 2 (see attached building plans). The Planning Commission may add specific recommendations regarding architectural requirements at their discretion. The floorplan of the structure identifies a 72'x184' indoor riding arena in the far west portion of the structure. Farther east, within the widest portion of the barn, a 72'x66' area is shown for horse stalls and 16'x48' for storage (see attached building plans). As mentioned above, the proposed structure is both larger and taller than the existing structure. History Related to Existing Structure In addition to an environmental claim, the applicant's main justification for a variance is that they propose the structure with the same setbacks as the existing barn on the property. Following is a description of the circumstances surrounding the structure. The existing 16,300 square foot barn was constructed in 1978. Since that time, not surprisingly, a number of things have changed with regard to surrounding land uses. In 1978, the subject property was zoned M-1, an industrial district. It was determined that riding stables would be allowed within that district by Special Use Permit (SUP). One of the requirements of stables is that they be located at least 500 feet from any residentially zoned property. The Council was also allowed to apply conditions to the SUP approval. The City Council approved of a SUP for construction of a 172x106 square foot family use horse barn "provided that barn be minimum of 200 feet from centerline of Hamel Road and within 160 feet of west line of subject property." It appears from the notes in the file and from minutes that the Council originally wished for the structure to be located 500 feet from Hamel Road, but the owner asked for it to be closer. The property owner to the east appears to have been opposed to this, but relented if it were located 500 feet from his property. At that time, the M-1 district side yard structure setback was 15 feet. The structure was, therefore, placed approximately 41 feet off of the western property line so that it was completely located "within 160 feet of the western property line." The property was rezoned following adoption of a new zoning ordinance in 1980 to Rural Residential (RR). The RR district requires that animal structures be constructed a minimum of 150 feet from all property lines. A subsequent ordinance amendment has increased the side yard setback to 50 feet for non -animal structures. In 1981, the City Council denied an application for a commercial horse facility at the property, in part because of the location of the barn. The main concern was the extra traffic and activity which would arise because of a more intensive use now that the property had been rezoned to a residential use. The resolution of denial also infers that the barn was not built in the location as directed in 1978 and that it was supposed to be located more than 160 feet from the western property line. Staff (today's staff) does not believe that the 1978 approval should be interpreted in this way. Staff believes the existing structure was constructed in the location which the Council directed. Staff believes that the history surrounding the existing structure is worth considering. However, it is important to remember the following: 1) many things have changed with regards to land use in the area over the last 30 years; and 2) the applicants propose a larger and taller structure, which voids any previous approvals. 3 Conditional Use Permit Ordinance Compliance Section 825.39 states that when considering a CUP, the City shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants or surrounding lands. Among other things, the City shall consider the following: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes the proposed location may impact the use and enjoyment of other property in the vicinity. The Council has determined 150 feet as the minimum setback for animal structures. Staff recommends conditions below to reduce this impact in the case the City approves of the variance. If the Commission believes that additional steel exterior buildings are a concern, they may wish to recommend some material differentiating or some other architectural improvements. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. Staff does not believe the proposed use will impede normal and orderly development, but is concerned with the proposed building location as surrounding property develops. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided Staff does not believe that the proposed structure will increase the need for utilities or access roads. The applicants bring up the fact that drainage is a major concern with the existing structure. Because of the proximity of such a large structure to the property line, staff is suggesting a condition that requires the applicant to capture runoff from the building and direct it away from the property to the west. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. No commercial activities are allowed, and staff believes the existing loading area is sufficient for private use. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result The proposed location's proximity to the western property line increases the potential impact of odors and noise if and when the property to the west redevelops. Staff recommends a condition to improve the screening to this side if the variance is granted. The applicant proposes no signage and lighting is shown as downcast and shielded. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Staff believes a private horse barn, as a use, is reasonably related to the existing land uses in the vicinity. 4 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The proposed structure is inconsistent with a number of regulations within the zoning code. The proposed structure does not meet even the minimal structure setback requirements of the district, let alone the 150-foot animal structure setback. The proposed accessory structure also exceeds the height of the principal structure (the home). 8. The use is not in conflict with the policies plan of the City. If the structure met regulation standards, staff does not believe the use is in conflict with the Comp Plan policies for the Permanent Rural Area. 9. The use will not cause traffic hazard or congestion. Staff does not believe the proposed structure will increase traffic hazard or congestion. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff has suggested additional screening to the west in order to minimize the noise and to screen the long side of the structure. As stated above, the Planning Commission may wish to make additional architectural recommendations at their discretion to reduce the impact of the large steel structure. 11. The developer shall submit a time schedule for completion of the project. The applicant wishes to complete construction before the end of the year. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The applicant is closing on the property May 1, 2008. Staff will obtain proof of ownership prior to the resolution being completed. Criteria for Setback Variances 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Ordinance, have had no control. The property is 656'x1316' and locating the barn in a way which meets setback requirement is not constrained by topography or the wetlands on the parcel. The circumstances are not unique to this parcel and apply generally to other properties in the vicinity and within the same district. 2. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. The literal interpretation of the Ordinance does not, as implied by the applicant, deprive the right of utilizing the property as a hobby farm. The proposed location may be the applicant's preferred alternative, but ample opportunities exist to locate the proposed structure in a way which meets setback regulations. 3. That the special conditions or circumstances do not result from the actions of the applicant. The shape, size, topography, and location of wetlands on the site are certainly not the result of the actions of the applicant. However, as described above, these conditions are not special or 5 unique within the district. Additionally, the applicant has taken the action to choose the proposed location as opposed to an alternate location which abides by setback requirements. 4. That granting of the variance requested will not confer on the applicant any special privileges that is denied by this Ordinance to the owners of other lands, structures, or buildings in the same district. The 150-foot animal structure setback applies to all property within the Rural Residential district. The granting of the variance would increase the portion of the parcel on which the applicant may locate an animal structure, which is a privilege denied to other owners of other lands in the same district. 5. The variance requested is the minimum variance which would alleviate the hardship. The variance requested is not the minimum variance which would alleviate the alleged hardship. The applicant seeks to enlarge an existing non -conforming building and proposes no effort to improve the non -conforming situation. The proposed structure would not meet the non -animal structure setback applicable to every other structure in the district, let alone the larger animal structure setback. While the need to avoid increased run-off towards wetlands is an asserted hardship, numerous alternatives would achieve this goal (directing drainage away from wetlands, using vegetative swales, engineered buffers or other BMPs) and would allow the variance to be minimized The applicants also propose an increase in hardcover, which runs counterintuitive to their own hardship claim. 6. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. The City has adopted the 150-foot animal structure setback for the purposes of reducing the impact of such a use on neighboring property. This variance is detrimental to that purpose. Additionally, the fact that the asserted hardship is not unique within the district may set a precedent for future variance requests. Criteria for Height Variance 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Ordinance, have had no control. The allowed height of the accessory structure depends on the height of the home on the property, which the applicant had no control over. The applicants do have control over the height of the accessory structure they are proposing, however. 2. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Property owners within the same district with taller homes would be allowed to build accessory structures of this height. 3. That the special conditions or circumstances do not result from the actions of the applicant. The home was constructed prior to the applicant purchasing the property, so the height limitation did not result because of the actions of the applicant. The applicants do have control over the height of the accessory structure they are proposing, however. 6 4. That granting of the variance requested will not confer on the applicant any special privileges that is denied by this Ordinance to the owners of other lands, structures, or buildings in the same district. Because the height of the accessory structure is limited by the height of the home on the lot, owners of "taller" homes would be allowed to have accessory structures of this size throughout the Rural Residential district. 5. The variance requested is the minimum variance which would alleviate the hardship. The additional height of the structure does not appear to be necessary in order for the structure to function for the purposes of the hobby farm. As such, the necessary variance could be reduced and still allow reasonable use of the structure. It should again be noted that the proposed structure is taller than the existing structure, not minimizing the variance request. 6. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. The proposed structure is shorter in height than would be permitted under the ordinance if the home on the parcel happened to be taller, so it would not violate the "tallest allowed accessory structure" regulation in the RR district. City Discretion The City generally has relatively limited discretion to deny a Conditional Use Permit. If the application meets City ordinances, the CUP should be approved. In this case, a number or ordinance provisions are not met. This would give adequate rationale to deny the CUP. The City has a higher level of discretion with variances. The City has adopted regulations, and may only grant variances if the applicant proves hardship and explicitly meets the criteria described above. If the City approves of the CUP, the City has discretion to impose conditions on the approval that protect the best interests of the surrounding community and the city as a whole. Section 825.41 states that these conditions could include, but are not limited to: • Increasing the required lot size or yard dimensions. ■ Limiting the height, size or location of buildings. • Controlling the location and number of vehicle access points. ■ Increasing the street width. • Increasing the number of required off-street parking spaces. ■ Limiting the number, size, location or lighting of signs. • Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. • Designating sites for open space. Staff has recommended some possible conditions below, in the case the City approves the CUP. Staff Recommendation Staff recommends denial of all three Variances. Because the Conditional Use Permit is contingent upon the variances, staff also recommends denial of the CUP. 7 The applicants have various alternatives in order to locate the structure in a way which meets setback requirements of the district, and also constructing it in a way that does not exceed the height of the home on the lot. The regulations do not restrict the parcel from being reasonably used for private "hobby farm" purposes. If the Commission wishes to recommend approval of the Variances and CUP, staff recommends that such an approval not allow an intensification of the current non -conforming situation. Staff recommends that the structure not be enlarged or made taller. Staff suggests meeting at least the 50-foot structure setback, and the Commission may wish to recommend some larger amount. In this case, staff would suggest the following conditions: 1) A conditional use permit and the following variances are hereby granted for construction of an accessory structure a maximum of 16,300 square feet in size: a) Reduction of required animal structure setback from the western property line from 150 feet to 50 feet. b) Permitting the building height of the accessory structure to exceed the building height of the principal structure on the parcel. 2) The structure shall be constructed in substantial conformance with the plans received by the City on April 29, 2008 except as otherwise noted within this resolution. 3) The applicant shall warrant that the addition proposed is for private use only, and that no commercial and/or fee -based activities shall occur. 4) The gross distance from grade to the peak of the structure shall not exceed 28 feet. 5) The building height of the accessory structure shall not exceed 22 feet. 6) The applicants shall submit a plan acceptable to the City with regards to manure management, containment, and disposal. The applicants and future owners shall be responsible for abiding by this approved manure management plan; 7) The applicants shall submit a landscaping plan which identifies trees at least eight feet in height to provide year-round screening from the west. 8) The applicants shall update civil and/or architectural plans so that, according to the City Engineer, run-off from the proposed structure is directed away from the parcel to the west. 9) The applicant and all future owners of the subject property shall comply with any future livestock intensity standards as established by the City. Until such time, the applicant shall comply with the following animal unit intensity ratio: Animal Units Animal Species Minimum Grazable Acres per Animal Unit Horse 1 Cow 1 Llama 0.5 Goat 0.5 Sheep 0.5 Pony 0.5 Domestic Fowl 0.01 Other animals not listed above 1 unit per 1000 lbs. 10) Plans submitted and approved by the City do not propose human dwelling as a use and do not meet regulations for such a use. 8 11) The Applicants shall install and maintain fencing in order to prevent grazing within the wetlands on the property. 12) The Applicants shall abide by wetland protection regulations in place at time of building permit application. 13) The applicant shall abide by permitting requirements and follow the conditions of the Building Official and Fire Marshal. 14) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the Variances and Conditional Use Permit applications. Attachments 1. Location map 2. Applicant letter 3. Powerpoint presentation from applicant 4. Plans dated April 29, 2008 9 4� Location Map Subject Property: 1982 Hamel Road ),..„55 CHIPPLOTID- PRA�Rr�� , enn ep in County; 0 Public Wo ❑ a w x 0 a Hamel Road r BLA.CKFOOT TRL Request for Variance and CUP to replace horse barn and riding arena at 1982 Hamel Road Medina, Minnesota Executive Summary The new owners of the horse property at 1982 Hamel Road are requesting a variance to replace the barn and riding arena at the subject property with a new building in essentially the same location as the current riding arena. The new owners intend to use the property as a private horseback riding farm for the family. Repairing and upgrading the buildings as originally intended is cost prohibitive and aesthetically unappealing. Therefore the option to replace the attached buildings is a superior solution. The current location is the best one to protect and maximize the pastureland of the property. The need for a variance and conditional use permit is because the current property is non -compliant with the side lot set back requirement. The new arena will be the same size as the current one with a much -improved street elevation. The new attached barn will be set back 32 feet farther from the road than the current barn and will be reconfigured, including aesthetic upgrades consistent with the arena. The functionality of the barn will be improved for safety and care of horses and will have 13-14 stalls versus the current facility that has 17 stalls. Problems with the Current Barn and Arena Our original plan was to improve the existing bam and arena to provide a safer and more comfortable environment for the riders and horses. We intended to: • Insulate and install windows in the arena. • Reskin/repaint the exterior of both the arena and barn due to fading and metal corrosion. • Move the hay storage from the hay loft above the horse stalls to improve fire safety. • Improve lighting in the bam. • Fix the doors in the barn and arena to work effectively. However, in developing the detailed remodeling plan we discovered that the buildings had substantial shortcomings and faults that needed to be addressed before being upgraded for safety and comfort. We found that: • The ground under the building had subsided to such an extent that the drainage around the building funneled all the water under and into the building. • The damp ground had caused rot in numerous posts (estimated at over 50%) in both the arena and the barn. 1 " The wiring is not to code and needs to be upgraded. " The rafters in the barn and the doors in the barn need to be replaced. " The exterior metal is rusting in many places requiring replacement. " The sill plates are rotted and all need replacement. While the buildings have life left in them, the cost of upgrading them is as high as building new and the result afterwards would not be as attractive, safe or functional as what we are proposing to build new. Proposed New Building The proposed barn is designed to meet the needs of Ms. Hogan, the owner of Greenwood Stables LLC, and her family. It incorporates what is needed to be a year- round riding facility. It is intended for private not commercial use. The design is intended to both meet the objectives of the family as a riding and stabling facility, and to be a significant upgrade environmentally and aesthetically. Key new elements include: " Ram Builders has been contracted to design and construct the new buildings. Ram has built some of the most attractive and functional riding facilities in Minnesota. " The new buildings will be pole barn structures with ribbed steel roof and siding " The structure will be insulated and have heat available " The design will be barn aesthetic not commercial. This includes: o Colored roof and matching wainscoting on exterior o Five cupolas with weathervanes, reusing the one on the current arena o Opening windows o Shutters on the windows matching the barn roof and the trim on the existing house on the property o Hay door details in the barn peaks o Wood peak details on both the barn and arena o Decorated barn doors " The arena will be in exactly the same location as the current arena " The barn will be reoriented and moved back from the street 32 feet from the arena south face for better visual appeal and functionality " The building site will be re -graded to provide proper drainage away from the buildings " The current barn well will be utilized " The current non compliant septic system at the bam will be replaced " The horse wash stall will be separately drained into a holding tank that will be pumped and environmentally disposed " The new barn will have 13 stalls (vs. the current 17). The maximum capacity of the barn would be 16 stalls which is consistent with the anticipated new rules under consideration in Medina. " Detailed layout and renderings are attached 2 Environmental Plan The plan of construction also is designed to improve the environmental impact of the facility. First, all of the existing horse and stable equipment that can be reused in the new barn will be. Any stable equipment that is not reused will be sold or donated to other horse facilities in the area. Ram Builders, the contractor, will haul all of the remaining steel and wood from the old barn structure to a recycling center so it can be reused. The water and waste management plan will result in an upgrade to the property. The two wells on the property are in good working order and will be reused. The horse waste plan is to continue to have the neighbor haul off the horse manure that he uses for fertilizer on his farm, if he agrees. If not, we will have it hauled and disposed of in an environmentally friendly way. The existing barn septic system serving the utility and bathroom in the existing barn is non -compliant and will be taken out of commission. The toilet and utility needs in the new barn will be met by connecting them to the other fully compliant septic system that serves the house. That system has been tested by a certified technician who has recommended that the barn septic be tied into the house leach field which should be able to handle the modest additional load from the half bath and washing machine in the barn. We will do additional testing and if the leach field is found not big enough it will be enlarged on the current site. The septic technician's letter and schematic drawings are attached. The wash stall and floor drains in the barn will drain to a separate holding tank that will be pumped and hauled to a wastewater treatment plant. This base plan is fully compliant with existing codes and represents a superior envirmunental solution to what is in place currently. In addition there are some exciting new technologies that the state has recently approved. The Minnesota Pollution Control Agency has recently promulgated new rules for Subsurface Sewage Treatment Systems (SSTS). The rule, MN-7083, is effective as of January 1, 2008, and allows the use of what the state calls proprietary technology treatment systems. MN-7083-4000 governs these systems. We would like to explore the use of an advanced wastewater treatment system in addition to the new barn system. These systems have been developed to provide higher levels of water treatment than can be achieved in a traditional septic system. Septic systems are considered primary treatmeni with at least 40% removal of biologic load. These systems are widely used in arid climates on golf course and municipal parks. They have also recently been introduced in Wisconsin. One type of these systems actually drops into existing subsurface tanks and provides much cleaner water effluent and ultimately extends the life of the leach field. One of this type, The Ecopod TM Advanced Treatment Unit, provides 90% removal, which is considered secondary treatment level and at the tertiary level of removal (95%) frequently yields water quality that is suitable for surface use for irrigation. Delta Environmental, a subsidiary company of Pentair (the property owner's husband's employer), developed and builds the EcopodTm and other advanced wastewater systems. An overview of the EcopodTm is attached. The new Minnesota state code will promote the use of these kinds of advanced systems and the installation of one or two 3 Ecopods TM at 1982 Hamel Road would be an exciting advance and provide a much more robust water management solution. While 1982 Hamel Rd. is not a troubled site for septic systems, these new technologies will be the basis for solving the wastewater management problems at thousands of existing sites in Minnesota. We look forward to giving the septic industry experience with these systems. We ask for your approval of our plan for 1982 Hansel Road Medina, MN Sincerely Greenwood Stables, LLC Sara G. Hogan Owner 4 Greenwood Stable Plant List Site Plan Delivered to town, Plants include: ® 3 Autumn Blaze Maples 2" balled and burlapped 8'-10' height; mature height 50', width 40' On west side and east side of barn, and at entrance ® 2 Springsnow Crabtrees White bloom, no berries; 2" balled and burlapped One each on south side corners of arena ® 6 white columnar pines Mature height 40', width 15' Placed in two groups of three on west side of arena ® 14 Compact European Viburnum Mature Height 5', width 5' 7 along west side of arena, 7 on south side of barn ® 1 Royal Frost Clump Crimson Birch 10' balled and burlapped Placed at entryway to barn ® 1 Perennial Garden Agenda Item: 8 MEMORANDUM TO: FROM: DATE: MEETING: SUBJ: Planning Commission Debra Peterson -Dufresne, Planning Assistant May 7, 2008 May 13, 2008 Planning Commission Three Rivers Park District, Baker Campground - Amendment to Conditional Use Permit — Public Hearing BACKGROUND On April 15, 2008, the Three Rivers Park District, the applicant, submitted an application to amend their existing Conditional Use Permit (CUP) for Baker Campground to allow for the construction of 12 camper cabins. Four of the camper cabin locations are identified on the site plan and are proposed to be used for three seasons and are part of a "test study". After the "test study" is complete the applicant would then determine the locations of the remaining 8 cabin locations through surveying visitors. Once locations are determined they are requesting through this application that City Planning staff have the authority to review the remaining locations recommended through the study. Staff does not have an issue with reviewing each location during building permit review. The property is zoned Public/Semi-Public (PS) Zoning District. City ordinance requires a conditional use permit for any construction, which controls expansion or increased use of the property. HISTORY - RESOLUTIONS The referenced resolutions below will be incorporated into one resolution under this CUP application. The new consolidated resolution will be for the campground area only. In 1998 a CUP was granted for Baker Campground (Resolution 98-65) to expand the administration building. All conditions within the resolution have been satisfied. The resolution is attached for your review. In 2004 a CUP was granted for Baker Campground (Resolution 04-49) to expand the existing shower building. All conditions within the resolution have been satisfied. The resolution is attached for your review. DEVELOPABLE AREA Three Rivers Park District has established a policy that a maximum of 20% of the land area within the park may be developed. The entire campground is already considered a developed area and adding the proposed cabins does not impact this "developed percentage". SITE DETAILS The Baker Campground currently has 210 campsites. The applicant proposes to construct four of the twelve camper cabins on two large camping sites, therefore increasing the total sites from 210 to 212. Camper Cabins Proposed Camper Cabins (Sites 1-4) 4 Future Camper Cabins 8 TOTAL: 12 Campsites Existing Campsites Proposed Campsites 210 212 CABIN DETAILS & DIMENSIONS The proposed camper cabins have log style siding and asphalt shingles. Each cabin will be insulated and have 50 amp electric services to allow for two small electric base board heaters, one ceiling fan, and interior/exterior lights. Air-conditioning will not be installed. The camper cabins are furnished with bunk beds and a dining table. They also include a screened porch and deck. Cabin 12'- 4" x 16' Screen Porch 12'- 4" x 8' Total 288 SF Wood Entry Deck 12'- 4" x 6' Total 72 SF TOTAL 360 SF PARKING No additional parking is proposed or needed. One cabin of the 12 shall be handicap accessible. ENGINEERING CONSIDERATIONS The City Engineer, requests a detailed grading plan with floor elevations for each cabin site and any grading that may occur elsewhere prior to the issuance of a building permit. BUILDING & FIRE CONSIDERATIONS The Building Official, requests the applicant provide signed architectural plans and that a minimum of one cabin be handicap accessible. These items shall be provided when applying for a building permit. Three Rivers Park District CUP Amendment 2 May 13, 2008 Planning Commission CITY DISCRETION The City has a relatively low level of discretion when it comes to reviewing Conditional Use Permits. If the application meets City ordinances, the CUP should be approved. However, the City may impose conditions on the approval that protect the best interests of the surrounding community and the city as a whole. CONDITIONAL USE PERMIT ORDINANCE COMPLIANCE While reviewing Conditional Use Permits, City ordinances (Section 825.39) state that the City should consider the following: Subd.1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes that converting the camping sites to camper cabins will not have an impact on neighboring properties. Subd. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. The surrounding vacant property is largely Park Reserve land. Subd. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. The City's engineer has reviewed the plans and does not bring forward any issues. The use is not changing and therefore does not generate additional utility needs. Sewer is metered by the City and water is private. Subd. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Staff believes that the existing parking can still serve the property. Subd. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. The City will require lighting to comply with Section 829.04; all lighting shall be downcast in order to maintain a dark sky rural area. Subd. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Staff believes that providing camper cabins is consistent with the Public/Semi-public zoning district. Three Rivers Park District CUP Amendment 3 May 13, 2008 Planning Commission Subd. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Staff believes that the use continues to be consistent with the purposes of the Public/Semi-public zoning district. Subd. 8. The use is not in conflict with the policies plan of the City. Staff believes the use is consistent with the -public/semi-public " guiding. Subd. 9. The use will not cause traffic hazard or congestion. Staff believes that the construction of the camper cabins will not generate additional traffic to the campground than what already exists. Subd.10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff believes that the large distance that the facility is set back largely mitigates these concerns. Subd.11. The developer shall submit a time schedule for completion of the project. The applicant has stated that construction would begin early summer. Subd. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The property is owned by the Three River Park District. RECOMMENDATION Staff recommends approval of the Conditional Use Permit Amendment to allow for construction of twelve (12) camper cabins subject to the following terms and conditions: 1) Four of the camper cabins shall be constructed on sites 1-4, as identified on site plan dated 4/14/08; 2) Eight additional camper cabin locations shall be allowed through Planning staff review; 3) A detailed grading plan shall show floor elevations for each cabin and any additional grading that may occur at time of building permit submittal; 4) Signed Architectural plans shall be submitted at time of building permit submittal; 5) A minimum of one camper cabin shall meet the accessibility code; 6) The applicant shall obtain all necessary permits before construction; and 7) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application to amend the Conditional Use Permit. Three Rivers Park District CUP Amendment 4 May 13, 2008 Planning Commission ATTACHMENTS 1) Subject Property Map 2) Aerial Map 3) Applicant Letter 4) Resolution 98-65 5) Resolution 04-49 6) Project Location Plan dated 4/14/08 7) Proposed Camper Cabin Sites dated 4/14/08 8) Building Elevations/Floor Plan dated 4/14/08 Three Rivers Park District CUP Amendment 5 May 13, 2008 Planning Commission MEMORANDUM TO: City of Medina Planning Commissioners FROM: Tim Benetti, Planning Director DATE: May 8, 2008 RE: Planning Department Report and Updates - May 13, 2008 Regular Meeting Follow -Up on Previously Considered Land Use Applications, Developments or Projects. 1. Wetland Ordinance: the Wetland Ordinance was reviewed by the City Council at the May 6th regular meeting; Council recommended a number of revisions and directed staff to bring final draft version to the May 20th regular meeting. 2. Bhaysar CUP — 2105 Chestnut Road: the City Council approved the resolution of approval for the CUP allowing the new 8400 sq. ft. accessory structure to the Bhaysar residence, subject to minor modifications of conditions. 3. Walter G. Anderson — 4535 Willow Drive: the site plan, variance and conditional use permit to allow a 4,800 sq. ft. and 9-space parking lot at the WG Anderson facility, along with a Preliminary and Final Plat to combine two unplatted parcels, which were all recommended for approval by the Planning Commission at the April 8th meeting, was scheduled to be considered by the City Council at the May 6th meeting. However, due to potential title commitment issues related the final plat, the item was postponed until the May 20th regular Council meeting. City Attorney and staff believe this issue has been resolved and intend to present the development plan and plat at the May 20th meeting. 4. Hennepin County Public Works —1600 Prairie Drive. Planning Staff is currently reviewing for completeness a resubmittal of a request from Hennepin County for a PUD Amendment allowing the installation of a 262-ft. high (369-ft. blade span) wind turbine tower at the Hennepin County Public Works site. Scheduled for tentative review at the May 13t1i PC and June 2nd CC meetings. City Council suggested (at the end of the May 6th meeting) that city staff should consider preparing new wind turbine ordinance or regulations when working on the official controls later this year. 5. Accessory Building standards: Due to a concerns raised by Councilor Smith at the May 6th meeting, the City Council directed city planning staff to begin work immediately on accessory building standards and update the current zoning ordinance. Planning staff intends to bring these standards back for review at the June 10th regular meeting. 6. Hamel Station: The contractors for United Properties are completing soil corrections and grading work; also finishing the underground utility work and other misc. site preparations. 7. Medina Townhomes/Amber Sky Project (Stauber &/Roasti: the owners have submitted their final agreements and hope to begin work later this month. Planning Dept. Update Page 1 of 2 Planning Commission 2008 City Council Discussion Items and Related Issues: 1. Tamarack Road Vacation Issue: this item was presented to the City Council under public hearing at the April 15, 2008 meeting, whereupon considerable discussion and debate, the Council tabled the item to the May 6th meeting. At this meeting, the Council selected Option No. 3 of the City Administrators report, which essentially keeps a 700-ft. section coming off Hamel Road intact; vacating the segment between this 700-ft. section to the south property lines of the Wessin/Jubert properties, but receiving 20-foot drainage and utility easements on each side; and retain an existing 33-ft. wide cartway easement situated between the two properties addressed as 1302 Blackfoot and 3132 Tamarack. 2. Hamel Road Reconstruction Project: City Council adopted resolution at the May 6th meeting awarding this project to Geilsinger and Sons, which includes the base bid, Alternate 2 and Alternate 5 bids, in the total amount of $1,595,814.66; plus directed Staff to present a change order for additional brick pavers in the amount of $17,845.00 to be presented at the May 20th meeting. The Council elected not to take any action or decision at this time on the proposed light pole banners, brackets or additional electrical outlet work. The contractors indicated their desire to begin work within the next two weeks. 3. German Liberal Cemetery: the Council considered a request from the German Liberal Cemetery Association to have the City take over the ownership and management of the German Liberal Cemetery off Hamel Road. No action was taken at this time and Council directed city staff to provide more information and update at the June 6th or 20th regular meetings. 4. Open Space Ordinance: City Admin. Adams indicated Embrace Open Space representatives are willing to provide assistance to city staff in the preparation of our proposed Open Space Ordinance„ but wanted to know if the City wanted the ordinance to be as an "Incentive Based" or "Regulatory Based" ordinance. Council briefly discussed these options and concluded an incentive based would be preferable. Mr. Adams will be following up with Embrace OS representatives. 2010-2030 Comprehensive Plan Update A) City staff has completed the review of the City of Plymouth's Comp Plan. Planning Director will be presenting a PowerPoint presentation on the review, including key elements, issue and concerns at the March 20th Council workshop. City has also received the City of Maple Grove's comprehensive plan. Staff is performing internal review; scheduled for presentation at the May 20th Council workshop as well. [Comments on our Plan received to Date: City of Maple Grove; City of Long Lake; Elm Creek Watershed; Minnehaha Creek Watershed.] Planning Dept. Update Page 2 of 2 Planning Commission 2008 Planning and Zoning Application for Conditional Use Permit Baker Park Reserve - Camper Cabins at Baker Campground Description of Request Three Rivers Park District has identified an initiative to develop a program offering camper cabins as an alternative to the camping public in various locations throughout the Park District system. The provision of camper cabins is an emerging trend in public and private campgrounds across the country. The popularity of the "Camper Cabin Weekends" at the Baker Near -Wilderness Settlement in Baker Park Reserve provides evidence that park visitors are looking for this type of experience. The current proposal is to construct four cabins at Baker Campground as part of this multi -phased program. The project calls for the construction of four camper cabins to replace four existing tent camping sites. The cabins shall be wood framed buildings set on a concrete slab foundation with a log style exterior siding and asphalt shingled roof. The proposed cabin design meets the State of Minnesota Building, Benchmark and Beyond (B-3) energy standards, which requires the building exceed the state building code energy requirement by a minimum of 30 percent. Each camper cabin structure consists of a main living/sleeping quarter - 12' X 16', an attached screened porch - 12' X 8', and entry deck - 12' X 6'. Each cabin is furnished with two bunk beds consisting of a double (lower bed) and twin (upper bed), table and two benches, the accessible cabin will have only one double size bed. Due to the overall size of the campground site, its location within Baker Park Reserve, and the location of the proposed project within the campground, there shall be no adverse effect to any other property in the immediate vicinity (the nearest property line is over 900 feet away). Site work and grading will be limited to that required for the four building footprints. Exterior lighting will be limited to a single fixture over the entry door to the screened porch and cut-off so as not to affect adjacent campsites. The proposed project represents a Park District initiative to address a growing demand in outdoor recreation and as this demand grows, the Park District may desire to add additional camper cabins. The Park District is requesting that the City of Medina Planning Commission consider this Conditional Use Permit to include those future cabins, with the understanding that the Park District would secure the necessary building permits at such time as additional cabins were to be added. 157 Member Zietlow introduced the following resolution and moved its adoption: CITY OF MEDINA .RESOLUTION NO.98-65 RESOLUTION GRANTING CONDTIIONAL USE PERMIT TO SUBURBAN H x'NNEPIN REGIONAL PARK DISTRICT FOR CAMPGROUND ADMINIS 1'RATION BUILDING WHEREAS, the Suburban Hennepin Regional Park District (the "Applicant") owns and operates Baker Regional Park in Medina; and WHEREAS, the Applicant owns a small building used to administer its campground activities and wishes to expand the building; and WHEREAS, the proposed building expansion requires a conditional use permit under the city's zoning ordinance; and W H x REAS, this matter was reviewed by the planning commission at its meeting on October 13, 1998 and by the city council at its meeting on October 20, 1998; and WHEREAS, it has been determined that the proposed expansion of the campground administration building will not adversely affect development of other properties for the purposes for which they are zoned. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that a conditional use permit be granted to the Applicant for the expansion of its campground administration building, subject to the following terms and conditions: 1. The expanded building may not exceed 824 square feet in area and must be constructed in accordance with the plans and specifications submitted to and approved by the city; 2. All construction for the addition must be similar to that used on the existing building, including wood frame, wood siding and shingle roof, RHB-152200 98-65 ME230-281 11-09-98 158 3. Any exterior lighting must be down cast with the globe shielded and on all sides except the bottom and the light source may not be visible; 4. The entire building must meet fire and building code requirements; 5. The entire building must be handicapped accessible; 6. The parking area must be paved and must include at least one handicap space; and 7. The Applicant must pay to the city an administrative fee in an amount necessary to reimburse the city for the cost of reviewing this application. Dated: November 4,1998. ATTEST: Paul Robinson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Thies and upon vote being taken thereon, the following voted in favor thereof Ferris, Thies, and Zietlow and the following voted against same: None Absent: Hamilton, Johnson Whereupon said resolution was declared duly passed and adopted. R1113-152200 98-65 14E230-281 11-04-98 Member Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 04-49 RESOLUTION GRANTING CONDITIONAL USE PERMIT TO THREE RIVERS PARK DISTRICT FOR SHOWER BUILDING AT BAKER PART{ CAMPGROUND WHEREAS, Three Rivers Park District (the "Applicant') has requested permission to construct an expansion of the shower building at the Baker Park campground; and WHEREAS, the proposed use requires a conditional use permit under the city's zoning ordinance; and WHEREAS, the planning comunission reviewed the matter on August 10, 2004 and the city council did the same on September 7, 2004 and determined that the proposed use will not impede the normal and orderly development of adjacent properties for purposes for which they are zoned. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that a conditional use permit be granted to the Applicant for the purpose of constructing an expansion to the shower building for Baker Park campground, subject to the following terns and conditions: 1. The Applicant shall submit a lighting plan for the shower building and immediately surrounding area which shall be reviewed by city staff for compliance with ordinance requirements; 2. The shower building shall be constructed in substantial compliance with the plans and specifications submitted by the Applicant and approved by the city; and 3. The Applicant shall pay to the city a fee in the amount determined by the city to represent its actual cost in reviewing this conditional use permit application. Dated: September 21, 2004. Philip K. ietlow, Ma A 11 EST: Chad M. Adams, City Administrator fP The motion for the adoption of the foregoing resolution was duly seconded by member Brinkman Resolution No. 04-49 September 21, 2004 and upon vote being taken thereon, the following voted in favor thereof: Workman, Lane, Zietiow, Smith, Brinkman and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 04-49 September 21. 2004 )d9A3W 'V s00z'trti0 s009 = „T :Aq unneia : aIea :aims DAII9SJ2i XdVd ?:1DN /9 aNflObJdWb'D 1:19>IV9 SNISVD IndIAND s�rxssia xxvd staanpana Wd b6•i gWt/vl/v .pa{upd bmp'speog uopeivagaJd sul4eD aadweD\eulpaW to NIJ - ilwnad asn leuoplpuoD\ublsap g buluueld g\ueld w4eD JadweD SOLO dMMapim-Pplslp\S.113C0ad\4\00bgedH\\ wide \OWP [DOS Camner Cahin Plan \R Planninn R flotlnn\rnntllHnnal lino PormR - riw of Morlina\ramnor rahlno orannni-nfin, nnnnfin a.nn \\Hna5400\h\PROIECiS\O OPOSED _ A 0 GENERAL NOTES: I) SITEWORK AND GRADING LIMITED TO AREAS AFFECTED BY THE INSTALLATION OF THE CONCRETE SLAB FOUNDATION FOR EACH CABIN. 2) FINISH GRADES FOR TOP OF SLAB WILL BE SET TO MINIMIZE GRADING AT EACH SITE. 3) IF REQUIRED BY THE PIONEER SARA CREEK WMO SILT FENCING WILL BE INSTALLED AT EACH BUILDING SITE. 4) 50 AMP ELECTRICAL SERVICE FOR EACH CABIN WILL BE THE ONLY UTILITIES REQUIRED AS PART OF THIS PROJECT. 5) PROPOSED BUILDING AREA INCLUDING SCREEN PORCH IS 288 S.F. WITH AN ENTRY DECK OF 72 5.F. 00 11; RA at t1'�n .i ; ti 11in, n�, iti111111111 �u�%(/I + _01111.1i2011111211 I'n' 1,f'.1111141111��1nalr.1111'1', 11111211 .1111 1�11111111112011 111.11 'Hill i� 11111111111011 'ni�11n1111i �n'i1a.1�111� �� prip.121 1V11n 11•i1m1n111��111g11mn111,1nn1�' 1111 11W11111111� n'1.�11I11/ nisi 11111211111111111I111,pn•1�1t II nnnin/1�1�1n irompo n� .......fir 1 n1�,nl1rlj din 1��gi'i I1a n i Imi 11 nio 1n nowai1 gloms I111 11•11ll12211111 �iaain i 111111onn i.1111l�11 11101111iun�111.01i0p�0211n11 IIIl l 1 1ii01111 111111101111 i' �simmom�lli�, l onnunnmonn 11�n1' 111�1��'n'1�'Il�im;iourn "011i11i1; t 1112 11n n 11 Illa,, 11 11j11 11111111111111111' 1",11it1111'illi'.111�1�111112111 1iII 141110 � 11�m1 1n 1111 11 121i 1i 111111� 1 11111 111 11,111 1� l211 It 11 11 11a,f2111111221111 MI111111111121.111m'1ni1 a i 1 1 "'I i n1 11 mi u i 11 1 1 11 0i 11 Tl111 1.7 to i.e : �1 CXXXXXXX) ASPHALT SHINGLES EXTERIOR LIGHT LOG SIDING u SIDE ELEVATION I/4" = 1'-0" G' SCREEN PORCH OG TRY CK FLOOR PLAN I/4" = 1'-O" ELEC. SERVICE DISCONNECT 24' TAB_E/2 BENCHES 50 AMP PANEL CEILING FAN/LIGHT BUILT-IN SINGLE/DOUBLE, BUNK BED BUILT-IN SINGLE/DOUBLE BUNK BED ROOF OVERHANG N 4'-0" X 4'-0" R.O. WINDOWS ID < 0 FRONT ELEVATION I /4" = 1 '-0" CONCRETE SLAB FOUNDATION REAR ELEVATION I /4" = 1 '-0" CITY OF MEDINA ORDINANCE NO. AN ORDINANCE PERTAINING TO THE UPTOWN HAMEL ZONING DISTRICT; AMENDING SECTION 834 AND ADDING NEW SECTION 834.5. The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 834 is amended by deleting the stricken material and adding the underlined material as follows: 834. ZONING — UPTOWN HAMEL —1 DISTRICT Section 834.01. Purpose. The purpose of this Section is Tto create a distinctive Uptown Hamel area district that is an attractive, pedestrian -friendly, mixed -use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, higher -density housing, specialty shops, and gathering spots into a unified and viable community. All new development within the Uptown Hame1-1 district shall include at least 10 residential units per net acre in order to achieve the density described by the Mixed Use -Business land use described with the city's Comprehensive Plan. Section 834706 834.02. Uptown Hamel Concept Plan. In general, the regulations governing the Uptown Hamel Zoning District consist of all the provisions in this ordinance and the Uptown Hamel Concept Plan, which is hereby made a part of this ordinance to provide guidance in preparing, evaluating, reviewing and approving plans in this district. The Uptown Hamel Concept Plan provides guidance to applicants and the city in preparing, evaluating, reviewing and approving site plans in the Uptown Hamel - 1 district. The Concept Plan is hereby adopted and incorporated as part of this ordinance. The following maps and illustrations are included p T n�x�rftunt Pla T lttstvntiye �/Ta ��T se neTGe-nV1rCr� Uptown Hamel Concept Plan Illustrations Section 83-4702 834.03. Permitted Uses. Within the Uptown Hamel 1 Zoning Odistrict the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed on a particular parcel, but is not required. All new development must include a residential component that has a density of at least 10 residential units per net acre. 1. Park and Open Space 2. Library 3. Post Office /1. Fire Station 5. Other Public Buildings' 6. Detached Single Family Dwellings 7. Two Family Dwellings 8. Apartment Units 9. Multiple Family Dwellings/Condominiums 10. Bed and Breakfast Inns 11. Hotel Motel 12. Day Care and Day Nursery 13. Antique or Gift Shop 14. Appliance Store 15. Art and School Supply 16. Art Dealers 17. Artists' Studios 18. Auto and Marine Sales (indoor only) 19. Bakery or Pastry Shop 20. Banks and Financial Institutions 21. Bicycle Sales and Repair Shop 22. Bowling Alley 23. Building Material and Garden Equipment and Supply Dealers 24. Business, Commercial, or Trade Schools 25. Camera, or Photographic Supply Store 26. Candy, Ice Cream, Soft Drinks, or Confectionery Stores, Excluding Drive In Type of Service 27. Canvas and Canvas Products 28. Carpet and Rug Stores 29. Clothing and Clothing Accessories Stores 30. Clubs and Lodges 31. Coin Store 32. Computer Stores 33. Costume Rental 34. Craft Shop, including products made on site 35. Dance Studio and Dance School 36. Delicatessen 37. Dairy Store 38. Discount Store 39. Drug Store /10. Dry Cleaning and Laundry Services /11. Electrical Appliance Store 112. Electronic Shopping and Mail Order Establishment /13. Electronics Stores /1 11 . Florists /15. Food and Beverage Stores /16. Furniture and Home Furnishings Stores /17. Game Store /18. Gift Shop /19. General Merchandise Stores 50. Grocery Store 51. Hair, Nail and Skin Care Services 52. Hardware Store 53. Health and Personal Care Stores 54. Hobby Store 55. Ice Cream Frozen Dessert Sales 56. Interior Decorating Studio 57. Jewelry Store 58. Launderettes or Self Service Laundries 59. Leather Goods and Leather Shop, but not Tanning 60. Liquor Store, On and Off Sale 61. Loan and Finance Companies (but not a Pawn Shop) 62. Locksmith 63. Meat Market, for Retail Sales on Premises Only 64. Medical Offices 65. Medical Supply Store 66. Motor Vehicle and Parts Dealers 67. Museums and Cultural Centers 68. Music Store 69. Music Studios 70. Newsstand 71. 72. 73. 74 75. 76. 77. 78. 79. Office Office Supplies, Stationery Optical Laboratory Other Personal and Household Goods Repair and Maintenance (Tailor Shop) Pet Supplies Stores Philatelic Store Photography Studio Picture Framing Shop Plumbing 2 80. Pottery and China Sales 81. Print Shop 82. Printing and Publishing 83. Repair of Household Goods 84. Restaurants, but not Drive In Type 85. Sauna Sales 86. Secretarial and Word Processing Services. 87. Sewing Machine Sales and Service Shop 88. Shoe Store 89. Shoe and Leather Goods Repair Shop 90. Sporting Goods Store 91. Sports and Health Clubs 92. Taxidermy Shop 93. Telephone Booth (Outside) 94. Television and Radio Store and Repair Store 95. Theater, Excluding Drive In Type of Service 96. Tobacco Stores 97. Toy Store 98. Transit Station 99. Travel Services 100. Upholstery Shop 101. Used Merchandise Stores 102. Variety Store 103. Video Store (1) Residential Dwellings with a density of greater than 10 and up to 45 units per net acre (2) Office Uses (3) Retail Uses (4) Service Business Uses, except those related to automobiles (5) Public Services (6) Parks and Open Space Section 834:03 834.04. Conditional Uses. Within the Uptown Hamel Zoning District, no structure or land shall be allowed for the following uses except by conditional use permit and subject to other provisions of this district. The following uses are allowed in the Uptown Hame1-1 district by conditional use permit. A conditional use must be combined with a residential dwelling use that has a density of 10 — 45 units per net acre. (1) Drive -In Service Businesses (2) Mortuary or Funeral Home (3)(2) Pet Shop 0 )C Auto Repair, Minor (5) Tire, Battery, and Muffler Stores (6) Electronic and Computer Manufacturing (7)WEssential Public Utility and Service Structures (8) Religious Institutions Including an Existing Cemetery (9) Wholesale Showroom (10) Sauna Manufacturing and Assembly (11)(5) Outdoor Dining -� Drinking or Entertainment area Containing More than 200 Square Feet (12) Small Scale Light Manufacturing of Products for On Site Retail Sales (13)(6) Electrical and Other Skill Trades, Provided there is no Outside Storage (4-4)(7) Off -Street Parking Lot or Ramp (8) Outdoor Recreational Sport Courts 3 Section 834:04 834.05. Accessory Uses. Within the Uptown Hame1-1 Planned Unit Development Ddistrict the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off -Street Parking and Loading (2) Signs (3) Home Occupations (4) Temporary outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. (5) , (6) Outdoor Recreational Sport Courts Section 834.06 Interim Uses. Within the Uptown Hame1-1 district, the following interim uses shall be allowed until such time as the property is redeveloped. Expansion of the dwelling or improvement of the property in amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings existing prior to the effective date of this ordinance which do not meet the minimum density requirements of the Uptown Hame1-1 district. (2) Minor Auto Repair uses existing prior to the effective date of this ordinance. Section 834A15 834.07. Lot, Setback and Building Size Requirements. The following requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Minimum Lot Area: No Minimum. If proposing a reduction in lot area, the applicant must be able to demonstrate a viable use for the lot. Subd. 2. Minimum Lot Width: No Minimum. If proposing a reduction in lot width, the applicant must be able to demonstrate a viable use for the lot. Subd. 3. Minimum Front Yard Setback: None, unless an easement or other similar dedication/area is needed for pedestrians, utilities, street, or similar purpose which may be shown on the Uptown Hamel Concept Plan for the area or for the block in which the property is located. Subd. 4. Maximum Front Yard Setback: All principal buildings shall be located within 10 feet of the front lot line, unless the parcel has more than two acres and more than one principal building. Subd. 5. Minimum Side Yard Setback: None, if the outside wall has no openings and is in compliance with the Building Code. An eight foot setback is required, if there are openings, windows and doors, in the side wall and where appropriate to provide pedestrian — plaza space to link buildings, sidewalks, plazas, parking, and similar functions. 4 Subd. 6. Minimum Rear Yard Setback: Twelve feet or a lesser or greater An amount determined by the city which is necessary to provide adequate parking, access and loading for people and goods, fire access/control or to meet other ordinance requirements. Subd. 7. Building Size: No business building or business use shall have a ground floor area greater than 20,000 square feet. Subd. 8. Minimum Lot Size per Dwelling Unit (Single Family or Multi -Family): The minimum lot area per dwelling unit shall meet the following requirements: Minimum -Let - Area -per -Dwelling Unit C;r,..lo_Comih� 5,000 square feet 11A� J�i_C�mihi 1,000 square feet 968 square feet. Subd. 9. Impervious Cover. Unless the site was part of the city stormwater improvement project, Iimpervious cover must be consistent with the following table, provided that parcels larger than two acres may be required to provide on -site ponding to accommodate run-off from proposed development on the site. Land Use Maximum Percentage of Impervious Cover Allowed Single Family 40 Multi -Family Residential 90 Retail/Business 90 Railroad 20 Institutional 20 Section 834AI-7 834.08. Design and Development Standards. Design and developments standards are established for this district to achieve an attractive, liveable and viable town center consistent with the purpose of this district and to assure that land uses, buildings and functions are compatible within the district. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. The plans and proposed use of a property shall conform to the design and development standards prior to approval of a construction or land use permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Pu-blie Places Open to the Public: (a) Plazas. Plazas or small extensions of the sidewalk into or on private property are encouraged especially at key focal points and selected locations as shown in the 5 Uptown Hamel Concept Plan. Plazas will serve as a unifying link between businesses and sidewalks. The design and form of the plazas shall accommodate social and business interaction, provide a setting for buildings, sidewalks and other plazas, and should accommodate sitting, watching and in some instances outdoor food services. Plazas shall include special pavements (for example, concrete brick pavers or exposed aggregate), decorative lights (the same as or compatible with the lights in the Uptown Hamel Concept Plan), and decorative trees, shrubs and flowers with emphasis on providing a variety of color, texture, and form throughout the year. Electrical services and other utilities within the plaza shall be underground. Outlets for decorative/festive lighting and for other social and business activities shall be provided, and rain gardens (any slight depression containing deep rooted perennial plants that captures and holds runoff) are encouraged. Decorative fences and walls will be used to delineate spaces and to accommodate grade changes. Plaza furniture is encouraged including benches, drinking fountains, bike racks, waste containers, kiosks, and decorative signs and plaques. Monuments and sculpture will be encouraged e.g. clock tower, gazebo, water fountain, etc. Water spigots for cleaning and watering trees and plants should be conveniently and discretely provided. (b) Hamel Legion Park. This park has an important complementary role. The park brings in many people for active and passive recreation who might not otherwise be exposed to Uptown Hamel. Joint use of Uptown Hamel parking lots during festivals and park events is encouraged. Trail facilities in the park will link to the pedestrian system in Uptown Hamel. Community buildings or other principal buildings in the park shall conform with the Building Architectural Standards for this district. (e)(b) Monuments. Monuments, sculpture and similar art works are encouraged in public and private plazas to enhance the setting and to contribute to the pedestrian -friendly, livability of the town center. Subd. 2. Buildings - Architectural Standards: (a) General. All new buildings, structures, expansions, remodeling, and development plans shall conform to these design standards and be compatible and complementary to the buildings proposed to be retained downtown as shown on the Uptown Hamel Concept Plan and in the Uptown Hamel Illustrations. Elements of compatibility include, but are not limited to, building height; form; mass and bulk; fenestration; exterior materials including appearance, color, durability, character and detailing; setback; landscaping; exterior lighting and site improvements. (b) Building - Street. Building design shall make the street visually more interesting, functionally more enjoyable and useful, and economically more viable. Buildings, porches, and plaza spaces shall be designed to bring the building and its activity more in contact with the street. 6 (c) New Building and Major Expansions. New buildings and major expansions of existing buildings should be compatible with adjacent and nearby buildings. Buildings shall be designed and oriented consistent with the Uptown Hamel Ordinance this ordinance, proposed use of the property, uses on adjacent properties and nearby amenities. Buildings shall be designed and oriented so as not to detract from one another or vistas. Views from the residential areas should be protected. Where these views exist, partial loss of the view may be an unintended but justified result when development takes place consistent with other provisions of the Uptown Hamel Zoning Ordinance this ordinance. Entrances shall be placed for easy access from the street. Utilities shall be placed underground and meters and transformers shall be hidden from view. (d) Integrate — Coordinate. New buildings, structures, remodeling and expansion shall be consistent with the Uptown Hamel Concept Plan and be integrated and coordinated with development on abutting property. Elements for integration and coordination include, but are not limited to, sidewalk and pedestrian ways and their continuity; site lighting; site access; building orientation; building entrances; and utilitarian functions which are to be totally screened from view or which are contained within the building and which include loading, trash, and mechanical and electrical equipment. (e) Porches (Overhangs — Canopies — Arcades). Porches, which overhang into walks, are one of Uptown Hamel's trademarks. These features should be preserved, enhanced, and improved. New commercial structures on Hamel Road and Sioux Drive are expected to be designed and constructed with these features. New porches, arcades or similar structures which overhang or extend into the right-of- way may be allowed by the Ecity through approval of the plan, but must be sunnorted in a wav which does not obstruct right-of-way. The property owner may be required to obtain a license from the Ecity or to execute an agreement with the Ecity governing its use, maintenance and other factors. Porch/Overhang/Canopy/Arcade Design criteria/guidelines include are as follows: Height: If it projects i into the public right of way, a pedestrian clearance of at least 7.5 8 feet and a height consistent with the architecture of the building shall be provided. Width: At least 6 feet. Columns: Shall be traditional in design and made from durable materials such as finished anodized metal, wrought iron or wood in a color compatible with the building. Wood columns must be cedar or redwood lumber, at least 6 inches by 6 inches, which may be stained or painted. Columns are not allowed to be affixed to the ground within the right-of=way. 7 Roof: Shall be durable and meet the wind and snow loads required by code. Slopes should be to the street and away from the pedestrians. (f) Height. New Bbuilding height shall not exceed three stories, except on some sites, a fourth story may be allowed. Along all street frontages and park property lines, building heights exceeding two stories shall have the third story set back at least six feet from the front line of the building, and the fourth story shall be set back 12 feet from the front line of the building. Basement levels shall not be considered a story, so long as more than 50 percent of the basement structure is below grade at the average of all areas around the building. Total building height shall not exceed 50 feet, except structures such as belfries, chimneys, flues, monuments, cupolas and domes which do not contain living space, are permitted, provided they are not higher than 10 feet above the height of the building. (g) Materials. Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood and glass. Treated or anodized metal may be used for trim. (h) Roofs. Roofs may be pitched, mansard, or flat. Flat roofs shall have an architectural treatment (a "cap") of an acceptable design. On pitched roofs, materials and colors must be compatible with the district. All roof run-off must drain onto the property that creates the run-off. Rain gardens (any slight depression containing deep rooted perennial plants that captures and holds runoff) are encouraged. (i) Equipment. Equipment shall not be mounted on the roof unless it can be demonstrated that there is no other reasonable alternative. If allowed, rooftop equipment shall be screened using the architectural elements and material from the building provided they are consistent with these design standards. (j) Fenestration — Modulation. Windows and openings shall be generous, especially on the street side, and their placement and design shall express the pedestrian - friendly, livability of the town center. To this end, third stories or higher will must be tiered back from the street a minimum of six feet per story. Building faces and layout shall be modulated to avoid long building walls without breaks and monotony. At the street level, at least 30 percent of the fagade should be glass in windows (including glass in doors.) and doors. (k) Landscaping and Setbacks. At least 5 percent of the site shall be plaza or landscaped. Landscaping shall consist of a combination of: decorative deciduous and coniferous trees, shrubs, flowers, ground covers and rain gardens (any slight depression containing deep rooted perennial plants that captures and hold) runoff). Landscaped areas and pockets shall be delineated and separated by any of the following: curbing, decorative fencing, decorative walls, planter boxes, containers, "cut outs" in a plaza, or by similar means. An approved plaza in which at least 20% percent of the plaza is open to the ground allowing full penetration of water into the ground can be counted to meet this requirement. All that part of the 8 site not taken up by buildings, walks, or plazas or approved parking and loading shall be landscaped. Grades and drainage must meet Ecity requirements. (1) Fences and Walls. Fences and walls shall be decorative using a traditional design and may be used to delineate and separate spaces and to protect topographic change. Fence material shall be wrought iron, anodized steel or aluminum, or wood. Walls shall be made of brick, concrete brick, decorative block, cedar or redwood or stucco on concrete. Fences and walls shall not be located to prevent desirable access through areas and shall be located consistent with the Uptown Hamel Concept Plan. Oa) (Reserve d—omeletce-44-0) (n)(m� Utilities. All utilities serving the buildings and facilities shall be underground. (o)(n) Recycling and Trash Facilities. All materials and facilities for recycling and trash shall be kept inside the principal buildings or within a completely screened area. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the district. (p)(o) Hazardous Materials. Provisions for storage of hazardous materials must be included in the building and be identified on the plans. (O (OW Other Materials. All storage of other materials shall be stored inside the building in a suitable area in accordance with the approved plan. Off — Street Parking. Flexibility in the number of required off-street parking spaces and loading facilities is allowed in the Uptown Hame1-1 district because: 1) 1s4many parcels were developed prior to enactment of parking and loading requirements. 2) £some parcels are small. 3) Ssome parcels have little open space. 4) Aa need to retain continuity of buildings fronting on Hamel Road and in the future on Sioux Drive and a preference for "infill" on Hamel Road to be buildings, not parking. In providing this flexibility, the Gcity will consider the use and need for parking, amount of off-street parking provided, the amount of nearby on -street parking, public parking lots, if any, peak parking demands for the use, joint use of parking, and other relevant factors. In granting a parking reduction, concern for the overall benefits to the Uptown Hamel district will be considered as well as use and enjoyment of adjacent properties and economic impacts. (s)(r) Parking Lots in Front of Buildings are Prohibited. Except for parcels containing two or more acres and having more than one principal building, there shall be no parking between the principal building and 1) the front property line and or 2) the side lot line abutting a street. 9 (t)(s) Loading Docks. Due to the age, scale of development, and the limitation on building bulk, providing a loading dock is optional. However, access to adequately handle goods and materials must be provided on the site. A rear entrance for loading is favored over loading from the side or front. Loading docks shall have a 9-ton capacity, dustless, all-weather surface. (u)(t) Outdoor Storage of Commercial Vehicles. Outside storage of one commercial vehicle not to exceed 12,000 lb. of gross vehicle weight and not more than 24 feet in length shall be permitted for each 5,000 square feet of gross floor area in the principal structure provided such vehicle has a current and valid license, is in operable condition, is for use on the public streets, is actively used for the approved use on the site and is moved on a daily basis when the use is open for business. (v)(u) There shall be no outdoor storage of trash, trash containers, or debris of any kind. Subd. 3. Residential Dwellings. (a) Preservation. Natural features and site amenities such as the wooded area called The Preserve in the Uptown Hamel Concept plan shall be encouraged to be preserved. (b) Building Placement. To the extent possible, buildings shall be located consistent with the results of a site analysis and the existing grades of the land and the location of trees and other environmental features. (c) Grades. The grade of a private roadway, driveways and parking lots shall that exceed 5 five percent, must be approved by the city engineer. (d) Fire Lanes. Lanes for fire access shall be provided as determined necessary by the Ecity Ffire Ccode. (e) Underground Parking. For efficiency, benefit of the residents, and to conserve land, buildings shall provide for inside parking at a ratio of at least one space per dwelling unit. (f) Parking. Parking lots shall have landscaping including berming where appropriate along the outside edge. Parking bays shall, where appropriate, have landscaped islands and decorative lighting. Small-scale parking lots are preferred over large lots. Parking of more than 20 passenger vehicles in a row shall be broken up by a landscaped island or a landscape feature. (i) Screening — Screening shall be required where: (1) Any off-street parking area contains more than six parking places and is within 30 feet of an adjoining residential zone. 10 (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone or a single-family development. (ii) Sidewalks shall be provided from parking areas, loading zones and recreation areas to the building entrances. (g) Outside Storage of Trash, Boats or Special Vehicles. There shall be no outside storage of trash or debris except when stored in trash containers and fully screened from view. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building; and 2) meet the architectural and development standards of the Uptown Hame1-1 district. All special vehicles including, but not limited to, unlicensed vehicles, recreational vehicles, motor homes, camping trailers, other trailers, boats, jet skis, snowmobiles, lawn tractors, and all terrain vehicles shall be stored in a building. (h) Sidewalks and Trails. Complete plans shall be provided for proposed sidewalks and trails to serve parking, recreation and to serve areas within the proposed development and to link the City's system. Subd. 4. Public and Private Parking Lots and Ramps: (a) Flexibility to engineering standards. Because of the reasons described in Subd. 2(q) above, reasonable flexibility may be allowed to the city's engineering standards with regard to parking lots. (b) Surfacing. Surfacing shall be a minimum of 7 ton capacity. Parking areas for infrequent parking such as for special events or for infrequent use, for example fewer than 20 times per year, may use grasscrete or similar materials or techniques and remain in conformance with this provision. Such materials shall not be considered impervious if at least 50 percent is exposed grass or similar landscaping. (�) Aisles. Aisles shall be at least 20 feet wide,, grades shall not exceed 4 percent. (d) Landscaping. At least 3- three percent of the lot shall be landscaped. (e) Concrete Curbing. For protection and separation, the perimeter of the lot shall have poured in place concrete curbing (or the equivalent) measuring at least 4 inches above grade and 6 inches below grade. (0 St .p. g. Parking lots shall be striped to provide at least 9 feet of width and 18 feet of depth for each vehicle for 90 degree parking. (g) Driveways. Driveways shall be designed to match the sidewalk grade. 11 (h) Allowable Car Overhang. Cars may overhang into a portion of the landscape area but the design shall not allow for cars to overhang into the public street or sidewalk. (i) Landscape Watering. Provisions for watering the landscaped areas shall be considered in the design. (j) Pedestrian Movement. Provisions for pedestrian movement into and through parking lots where required shall be included. Patterned pavement, decorative lighting and associated facilities shall be provided as may be appropriate. (k) Handicapped parking and ADA requirements shall be met. There also must be compliance with the Americans with Disabilities Act. (1) Parking Ramps. Up to two levels of parking above grade may be allowed provided it is consistent with the scale of the development in the area and provided it meets the architecture standards including materials and other design standards of the district. Subd. 5. Other: (a) Buffers. Buffers may be required between different land uses or different functions such as commercial abutting residential or a loading dock/area abutting an office. Buffers are to be achieved by using any of the following: landscaping, decorative walls, decorative fencing, or landscaped berms. (b) Outdoor Speakers. All forms of outdoor speakers are prohibited, except for financial institutions. Subd. 6. Additional Design and Development Standards — Conditional Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive -In Service Businesses. (i) No drive-in service shall be provided between the hours of 10:00 p.m. and 6 a.m. (ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading -unloading area. (iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersecting street (2) 300 feet of State Highway 55 (3) 100 feet of an active railroad track M(4) 100 feet of an residential zoning district area designated as Single Family Transitional Area. 12 (b) Mortuary or Funeral Home. (i) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (c-) ) Pet Shop. i) No outside space shall be used for showing or keeping animals. ii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (d)(c) Auto Repair, Minor and Tire, Battery, and Muffler Stores. i) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the Ccity. (e) Electronic and Computer Manufacturing. i) Equipment specifications and impact information such as vibration and noise reduction may be required by the City. be considered for retail sales or service. (f)(d) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the Ccity's satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance including the Uptown Hamel Concept Plan. (g) Religious Institutions Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion requires more off street parking. a plan for formation and movement of a funeral procession. (h) Wholesale Showroom. i) No additional standards (i) Sauna Manufacturing and Assembly. i) No additional standards 6)(e) Outdoor Dining, Drinking, and Entertainment Areas Containing More than 200 Square Feet. i) Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. 13 ii) The outdoor dining/drinking/entertainment areas shall not be larger than one- third of the inside seating area. iii) The outdoor dining/drinking/entertainment areas shall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features. iv) If the sale of intoxicating liquor is inside, the outside area may be required to have all access to the space from only inside the principal building. v) The establishment's hours of operation may be limited and noise reduction measures may be required in order to minimize impact on surrounding land uses. (k) Small Scale Light Manufacturing of Products for On Site Retail Sales. i) No additional standards RI) Electrical and Other Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. Section 834A18 834.09. Review and Approval Process. Subd. 1. Concept Plan: Although submittal of a concept plan is not required, the City will accept a concept plan for development, expansion, remodeling, or redevelopment of property in Uptown Hamel. The purpose of such plans and review thereof is to provide the applicant with preliminary review and comment regarding the proposal. Concept plans should include property data, existing and proposed structures, the location and nature of the proposed change, nearby conditions, and other information appropriate for this level of review. The concept plan will be submitted to the planning commission for its informal review. Review by the planning commission shall be non binding and shall not be a substitution in whole or part for any other review or action required by this Ordinance. A concept plan must be prepared for development, expansion, remodeling or redevelopment of property in the Uptown Hame1-1 district pursuant to the concept plan review procedures specified in Section 827.33 of the zoning ordinance. Subd. 2. Minor Changes to Permitted Uses and Accessory Uses: The following changes can may be approved by Ccity staff upon a written finding and filing the report in the property file that the proposal meets the requirements of the Uptown Hame1-1 district. (1) Change in the use of the property if the use is less intense and a more restrictive use, except to convert a use to a residential use or a residential related use. (2) Expansion of an existing building by less than 500 square feet of floor area in a single year. (3) Changes of less than 500 square feet to the exterior walls or surface of the building. (4) Expansion of the parking lot by less than 4 four spaces or less than 2,000 square feet, 14 whichever is less. (5) Outdoor lighting changes involving 2 two or fewer light poles or wall mounted fixtures without changing the type of lighting. (6) Changes to the topography involving less than 4- one foot in elevation or less than 5,000 square feet of lot area. (7) An addition to an exposed piece of rooftop equipment if the addition is less than 64 cubic feet. (8) Signs containing 24 square feet of sign area or less. The decision and action taken by the Ccity staff may be appealed in writing to the city council by the applicant seeking approval under this section. Appeal must be taken within 30 days of the date of city staffs decision. T e r:t-. Gett, sifle als f''ea under this section. Action taken by the Ccity Ccouncil shall be considered final. Subd. 3. Changes Which are not Minor to a Permitted or Accessory Use — Site Plan Review Procedure: Site Plan. A site plan shall be prepared for development, expansion or change in use of the property. Buildings shall be designed and oriented consistent with the Uptown Hamel Zoning Ordinance this ordinance and other applicable city code provisions. All changes shall be reviewed pursuant to the site plan review procedures specified in Section 825.55 of the Zzoning 9ordinance. Subd. 4. Conditional Uses: Conditional uses and any changes to conditional uses shall follow the conditional use permit procedure specified in Section 825.39 of the Zzoning 9ordinance. Section 834.09. Implementation. Implementation shall be accomplished by adhering to the provision of this ordinance and the Ccomprehensive Pplan. In addition, the Ccity intends to encourage and foster implementation through pursuing one or more of the following: (1) Promotion of the Uptown Hamel Concept Plan to the public. (2) spirit and intent of this ordinance. (3) Through encouragement of changes along Trunk Highway 55 and the railroad right of way consistent with the Uptown Hamel Concept Plan. (4) By considering a wide range of funding methods, options, and alternatives to assist the Ccity and property owners in implementing the Uptown Hamel Concept Plan. (5) Providing design assistance to owners proposing or contemplating new construction on their property. 15 (6) Providing assistance to owners and tenants in changing, using, expanding, which meets or exceeds the spirit and intent of this ordinance. 16 SECTION II. New Medina Code Section 834.5 is being added as follows: 834.5. ZONING — UPTOWN HAMEL-2 DISTRICT Section 834.51. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel area that is an attractive, pedestrian -friendly, mixed -use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, higher -density housing, specialty shops, and gathering spots into a unified and viable community. ,Section 834.52. Uptown Hamel Concept Plan. The Uptown Hamel Concept Plan provides guidance to applicants and the city in preparing, evaluating reviewing and approving site plans in the Uptown Hamel - 2 district. The Concept Plan is hereby adopted and incorporated as part of this ordinance. Section 834.53. Permitted Uses. Within the Uptown Hamel - 2 district the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed on a particular parcel, but is not required. (1) Residential Dwellings with a density of greater than seven and up to 45 units per net acre (2) Residential Dwellings with a density less than seven units per net acre, if combined with another use allowed in the district (3) Office Uses (4) Retail Uses (5) Service Business Uses, except those related to automobiles (6) Public Services; (7) Parks and Open Space. Section 834.54. Conditional Uses. The following uses are allowed in the Uptown Hamel - 2 district by conditional use permit. (1) Drive -In Service Businesses (2) Mortuary or Funeral Home (3) Pet Shop (4) Tire, Battery, and Muffler Stores (5) Electronic and Computer Manufacturing (6) Essential Public Utility and Service Structures (7) Religious Institutions - Including an Existing Cemetery (8) Outdoor Dining, Drinking or Entertainment area (9) Skill Trades, Provided there is no Outside Storage 10 Off -Street Parking Lot or Ramp aD Outdoor Recreational Sport Courts Section 834.55. Accessory Uses. Within the Uptown Hamel - 2 district the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off -Street Parking and Loading 17 (2) Signs (3) Home Occupations (4) Temporary outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. Section 834.56 Interim Uses. Within the Uptown Hame1-2 district, the following interim uses shall be allowed until such time as the property is redeveloped. Expansion of the dwelling or improvement of the property in amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings existing prior to the effective date of this ordinance which do not meet the minimum density requirements of the Uptown Hamel - 2 district (2) Auto Repair, Minor (3) Sauna Manufacturing and Assembly (4) Small Scale Light Manufacturing of Products for On -Site Retail Sales Section 834.57. Lot, Setback and Building Size Requirements. The lot, setback and building size requirements of the Uptown Hame1-1 district shall apply, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Section 834.58. Design and Development Standards. Subd. 1. The design and development standards of the Uptown Hamel - 1 district shall apply, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 2. Additional Design and Development Standards — Conditional and Interim Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive -In Service Businesses. (i) No drive-in service shall be provided between the hours of 10:00 p.m. and 6 a.m. (ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading -unloading area. (iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersecting street; (2) 100 feet of a residential zoning district. (b) Mortuary or Funeral Home. (i) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (c) Pet Shop. (i) No outside space shall be used for showing or keeping animals. 18 (ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. (d) Auto Repair, Minor and Tire, Battery, and Muffler Stores. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. (e) Electronic and Computer Manufacturing. i) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. ii) At least some portion of the ground floor, adjacent or oriented to the street shall be considered for retail sales or service. (f) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the city's satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance including the Uptown Hamel Concept Plan. (g) Religious Institutions — Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion requires more off-street parking. ii) The site plan shall provide for adequate parking and traffic circulation including a plan for formation and movement of a funeral procession. (h) Sauna Manufacturing and Assembly. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supplies and products. (i) Outdoor Dining, Drinking, and Entertainment Areas i) Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. ii) The outdoor dining/drinking/entertainment area shall not be larger than one- third of the inside seating area. iii) The outdoor dining/drinking/entertainment area shall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features. iv) If the sale of intoxicating liquor is inside, the outside area may be required to have all access to the space from only inside the principal building. 19 v) The establishment's hours of operation may be limited and noise reduction measures may be required in order to minimize impact on surrounding land uses. (j) Small Scale Light Manufacturing of Products for On -Site Retail Sales. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supply and product. (k) Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. Section 834.59. Review and Approval Process. The review and application process set forth in the Uptown Hame1-1 district ordinance shall be utilized with regard to development in the Uptown Hamel - 2 district. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2008. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this day of , 2008. 20 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: May 8, 2008 MEETING: May 13, 2008 Planning Commission SUBJ: Uptown Hamel Zoning District Amendment Background As the Comprehensive Plan awaits approval by the Met Council, the City begins to update ordinances in order to be consistent with the Comprehensive Plan. The workplan has identified the Uptown Hamel district as a priority, and it will be the first ordinance approached by the Commission and City Council. Staff has provided a draft ordinance mainly for discussion purposes at this time. Because the Uptown Hamel area is a priority for the City, Staff believed it would be beneficial to get introductory comment from the Planning Commission and then present the ordinance in a public forum before moving forward. This staff report will summarize the main changes in the draft ordinance. Staff seeks input on these items (and any other subject the Commission is interested in) in order to move forward on the ordinance. Comprehensive Plan Compliance The Comprehensive Plan identifies the Uptown Hamel area as MU-B. Below is description of the MU-B land use, and also the Objectives for Mixed -Use designations from the Comp Plan. The zoning districts which are designed within each land use must be consistent with the information in the Comp Plan. Mixed Use -Business (MU-B) provides opportunities for multiple, compatible uses on one site including two or more of the following: residential, general business, commercial, or office. Residential densities in this designation will be between 7.0 units per acre and 45.0 units per acre and may include some vertically integrated uses. The mixed -use business areas will be served by urban services. Mixed -Use The mixed -use designations focus on integrating a mix of uses to help promote housing and commercial diversity within the community. Such mixed -use designations are concentrated along the TH 55 corridor to promote a more compact development pattern in proximity to existing infrastructure and will include residential and commercial components with ratios of use determined by topography and market conditions. Mixed -use areas are all located in the urban service area. Objectives: 1. Allow a mix of residential and commercial uses to co -exist on adjacent parcels as well as within the same structure or on the same parcel. 2. Consider alternatives for meeting parking requirements including parking in the rear of buildings, shared parking, on -street, underground, or ramp parking. 3. Use building standards that enhance and maintain the small town heritage and traditional small-town look including brick facades, traditional street lighting, overhangs over the sidewalk, boardwalks, and the like. 4. Involve residents, businesses, community groups and other stakeholders in the planning of these areas. 5. Create master plans for mixed -use areas to ensure integration of uses and responsiveness to adjacent land uses. Division into Two Zoning Districts The draft ordinance divides the existing Uptown Hamel into two separate zoning districts (UH-1 and UH-2) as depicted below. The purpose of doing this is to be able to incorporate the residential density that is described in the Comp Plan. Staff believes that there are areas which area are more likely to develop with straight commercial uses (along Highway 55, at the intersection of Sioux Drive and Hamel Road, recently developed commercial properties). However, if this is allowed, other areas within the district have to "make up" for the residential density which is required to develop in the area. All development within the UH-1 district would be required to integrate at least 10 units/net acre residential development. Commercial uses would be permitted as well (perhaps a shop on the ground level, etc.) but would not be mandated. The UH-2 district does not mandate residential development, but does allow it. Staff believes this approach is consistent with the Mixed Use - Business designation. Uptown Hame1-1 and Uptown Hame1-2 Zoning Districts (DRAFT) DRAFT ZONING Map Date: May 7, 2008 UH-7 UH-2 2 Permitted Use List The current Uptown Hamel zoning district lists 103 very specific uses which are permitted within the district. Staff often has inquires about a potential new tenant in the area, and have to try to "fit them in" one of the uses on the list. As time goes on, new uses may become popular which may fit well into the Uptown Hamel area, but which hadn't been added to the very specific list of uses. Staff suggests a more general approach to the list of uses. Residential uses (meeting density requirements), office uses, retail uses, and service uses would be permitted. Certain specific uses may be called out as Conditional Uses in these districts (or other districts) which would give the City additional control. It should be noted that with the increase in administrative flexibility comes with a reduction in the amount of control the City may have to send specific uses to another zoning district. The Commission should determine if this more general use list is preferred. Also, the Commission should determine if there are any additional uses which they believe should be called out as Conditional Uses. Existing Uses Certain uses which exist today within the districts may not be consistent with what the City ultimately sees in the area. Some examples may include: single family homes, light manufacturing and minor auto repair. When the district was originally created, most of these uses were added as permitted or conditional. This was done presumably so these existing businesses were not made non -conforming The downside of this strategy is that a new business could apply and move into the district. Staff suggests another approach to these uses. The existing uses were identified within the draft ordinance as Interim Uses. This would allow the uses to continue, and even add -on. However, the project would have to go through the Interim Use permit process in order to intensify the use. The third alternative would be for Commission to recommend that these uses be pulled from the districts entirely. This would cause the uses to become non -conforming and they would not be able to be intensified. This strategy would likely produce the quickest discontinuation of these uses. The Commission should determine if the Interim Use strategy is preferred and if there are any other existing uses to add to the list. Canopies/Overhangs The ordinance strongly encourages (almost requires) canopies and overhangs on new development. These elements are very important for a traditional "down town" or "main street" feel. Engineering and Public Works have raised concerns about these items having supports actually located within the right-of-way. This makes snow clearing and maintenance especially difficult. 3 The draft ordinance still encourages (and almost requires) canopies and overhangs. However, the canopy would need to be supported in some way without placing support poles into the right- of-way. This would allow Public Works to work under the canopy instead of around its beams [see page 7]. Drive-Thru Regulations Staff suggested adjustments to the restriction on drive-thru businesses. The City recently approved a variance for a drive-thru at the Hamel Station project. Drive-thru near Highway 55 do have merit (perhaps more so than along Hamel Road). Staff also removed the restriction regarding railroad tracks. Staff could not conceive of the land use reason for this restriction [see page 12]. Implementation Section Removed Staff has suggested removing the "Implementation" section [see page 15]. This language is more of a policy statement from the City than a land -use regulation. Staff Recommendation Staff recommends that the Commission hold a Public Hearing and provide feedback on the direction staff is heading with this ordinance. Over the next month, additional feedback will be sought and the ordinance will be brought back for official recommendation. Attachments Draft Ordinance 4