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
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(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.
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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.
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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
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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.
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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.
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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.
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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
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Location Map
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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.
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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
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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.
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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.
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(6) Providing assistance to owners and tenants in changing, using, expanding,
which meets or exceeds the spirit and intent of this ordinance.
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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
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(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.
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(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.
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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.
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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
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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.
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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
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