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HomeMy Public PortalAbout09-08-2009(7.'v° Y MEDINA PLANNING COMMISSION AGENDA TUESDAY, SEPTEMBER 8, 2009 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of August 11, 2009 Planning Commission minutes 6. Public Hearing — Ordinance Amendment — Chapter 8 of Medina's City Code Pertaining to regulations of the Business Park zoning district and regulations related to the General Business land use >---) identified in the City's draft 2010-2030 Comprehensive Plan ,/ 7. City Council Meeting Schedule 8. Adjourn POSTED IN CITE' HALL SEPTEMBER 2, 2009 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: August 27, 2009 SUBJ: Planning Department Updates for September 1, 2009 City Council Meeting Ordinance Updates A) Sewered Residential Zoning Ordinance — Staff is amending the ordinance as requested by the City Council. In order to prepare the Business Park ordinance, the residential ordinance has been pushed back. Staff may present the ordinance at the September 15 meeting or in October. B) Mixed Use Zoning Regulations — staff will discuss potential alternatives to address the mixed use zoning regulations early this fall. C) Private Recreation Zoning District — with the recent re -prioritization of the Workplan, the ordinance will be placed on a future agenda after the Council has acted on the Business Park and Mixed Uses zoning ordinances. D) Concept Plan Review Ordinance — staff will prepare an ordinance establishing a less formal concept plan process as directed by the City Council. Staff plans to hold a Public Hearing on this ordinance at the October Planning Commission meeting. Land Use Application Reviews A) Holy Name Cemetery — The City Council approved resolutions for the lot combination, CUP/Site Plan, Interim Use Permit and easement vacation. Staff is working with the applicant to get all necessary documents recorded correctly. B) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions at the July 21 meeting. Staff has been in contact with the applicant regarding recording of the plat and requirements for submitting building permits. C) Kucala Driveway Waiver — 4517 Trillium Drive S. — the applicant has requested a waiver of the 22 foot maximum driveway width requirement to allow approval of a 30 foot driveway that was already installed when they constructed their home. Staff has tentatively scheduled the application for review at that September 1 City Council meeting. D) Business Park Text Amendment — As directed by the City Council, staff plans to present the ordinance at the September 8 Planning Commission meeting for a Public Hearing. Additional Projects A) Comprehensive Plan Update — The Metropolitan Council has deemed the City's submittal complete for review. Their 120-day deadline for review is October 15, 2009. The Plan has review by the Environmental committee without significant issues. The Plan will be reviewed by the Community Development committee on September 21 and Planning Department Update Page 1 of 2 September 1, 2009 City Council Meeting the Metropolitan Council on October 14, 2009. Staff plans to attend Met Council committee meetings and the board meeting in order to provide information. B) Review of Comprehensive Plans for Other Communities — Staff has sent comments to the City of Independence as directed by the City Council. Staff recently received Plans from Corcoran and Orono, and will prepare summaries for City Council review at future meetings. C) Short-term Additional Planning Resources Staff has been reviewing proposals from consulting firms to assist with land use application review and also possibly coordinating the Mixed Use zoning ordinance. Also, staff has reviewedapplications for a part-time, temporary Associate Planner. Staff will present a recommendation for these additional resources at the September 1 meeting. D) Watershed Memoranda of Understanding; Wetland Conservation Act revisions The City needs to approve of memoranda of understanding with the Watershed Districts in the City regarding review authority now that the City has approved the Surface Water Management Plan. The City will be able to administer more of the review with the approval of the construction site runoff ordinance and the wetland buffer ordinance. However, staff will need to coordinate with the Districts on the memos. The Wetland Conservation Act was updated in August, and a number of the changes require action by the City. The Council will need to grant staff the authority to review administrative permits. The City will also need to establish an appeals process and also regulations regarding wetland violation enforcement. Both of these projects will be scheduled for Council meetings in the coming months. Planning Department Update Page 2 of 2 September 1, 2009 City Council Meeting Medina Planning Commission Draft August 11, 2009 Meeting Minutes CITY OF MEDINA PLANNING COMMISSION Draft Meeting Minutes Tuesday, August 11, 2009 L Call to Order: Commissioner R. Reid called the meeting to order at 7:00 p.m. Present: Planning Commissioners, Jim. Simons, Robin Reid, Victoria Reid, Michele Litts, and Mary Verbick. Absent: Charles Nolan and Beth Nielsen Also Present: City Planner Dusty Finke 2. Public Comments on Items not on the Agenda: No public comments. 3. Update from City Council Proceedings: Weir presented the update that the Council: • Questioned the costs for the proposed $300,000.00 Field House for Hamel Legion Park that came in at $425,000.00. The Council learned it was the paved pedestrian path, re - sighting of the disabled parking access, the 24 foot wide emergency road to the building, soil borings and wiring for future ball field lights that escalated costs. Council directed staff to draft a resolution to approve a CUP for the Field House, to include only conduit for future ball field lighting and to further negotiate with the Fire Marshal to reduce the width of the emergency road, as recommended by the Planning Commission; • Directed staff to rework the proposed 2010 budget to accommodate the $10,000.00 a year operating costs of the Field House; • Approved plans, specifications, and project for a mill and overlay on Willow Drive between Hamel Road and Willow Drive. Twenty percent of the cost was recommended to be assessed to benefiting properties along that stretch of Pioneer Drive; • Voted to have the City take over the ownership of the German Liberal Cemetery by November 1, 2010; • Appointed Associate Planner Dusty Finke to City Planner; • Directed staff to develop a job description for a temporary, part-time planner who can assist with ordinance writing; • Heard a report from our summer intern on ways the City can encourage economic development; • Approved an agreement with Bonestroo for Consulting Services to prepare a master plan for Hamel Legion Park; 1 Medina Planning Commission Draft August 11, 2009 Meeting Minutes Reviewed general policies of the proposed new suburban residential ordinance and gave staff directions to build in more flexibility and to limit institutional uses to R-3, R-4, and R-5 with a 40,000 square foot cap. The ordinance will return to the Council September 15t', 2009. 4. Planning Department Report: Finke updated the Commission on future projects and ordinances. 5. Approval of July 14, 2009 Planning Commission Minutes: Motion by Verbick, seconded by V. Reid to approve the July 14, 2009 minutes with recommended changes. Motion carried unanimously. (Absent: Nolan and Nielsen) AnteildmeillAnwdeliet addition--te-the- ,.intre Application was withdrawn and the public hearing was not opened. 7. Public Hearing — Ordinance Amendment — Chapter 8 of Medina's City Code Pertaining to the allowed types of signs in the residential and public/semi-public zoning districts Finke presented the history and changes recommended to the sign ordinance relating to the residential and public/semi-public zoning district. He explained the sign area is the area of the text and symbols. Dynamic signage was discussed and clarified. Font size was discussed and Finke felt it was somewhat self regulating. Simons asked if a sign had different size letters on it would the smallest letters have to meet the minimum font size. Finke explained all letters would need to meet the minimum font size. The Commission reviewed existing City Park signs and their font sizes. V. Reid felt it's not just the size of the font but the background and amount of letters on a sign. Finke asked if the Commission was supportive in allowing pylon signs within the district. The Commission agreed pylon signs were acceptable. Finke explained the maximum sign height recommended for residential is six feet and in the public/semi-public zoning district eight feet is recommended. Monument signs would be allowed to be a height of ten feet in PS districts. The types of materials should be made of was discussed and the Commission concluded to allow natural materials and natural looking materials V. Reid said the Morningside neighborhood sign 2 Medina Planning Commission s kr] 71- 0 Draft . ugust 11, 2009 Meeting Minutes is made of wood and has the lettering carved into it and is easy to not notice. I he Commission discussed and felt it was because the sign does not have color. i e said he would look in the existing code to see if the ordinance requires color. Verbick asked which existing signs were out of compliance. Finke reviewed existing signage samples. Finke asked for clarification from the Commission regarding font size. The Commission recommended not having a regulation on font size, except dynamic signs. Simons said it will be difficult to draft an ordinance without bringing existing signs out of compliance. Finke asked the Commission to consider the types of signs in the residential district such as subdivision entrance signs. The Commission was satisfied with the recommended changes. Simons asked for the definition of a monument sign vs. a gate. He didn't think putting up agate with an address on it made it a monument sign. Finke clarified an address sign is exempt and allowed. Weir commented she has concern with language on page 3 of 5 of the draft ordinance Section 815.21.Subd.2. "Maintenance." The words "long grass" could be prairie grasses or decorative grasses which the City is seeing more and more of. She felt the words "long grass" was too general. The Commission discussed the damage to the posts on the sign at Foxberry Farms. Finke explained the sign is nonconforming and is required to' have landscaping around the sign, which would have prevented the weed whipping damage. R. Reid suggested taking out "long grass" under the maintenance section and Verbick said the language "keep maintained" could be used. The Commission recommended staff work on changing the language. Verbick asked for clarification of "no sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement." Finke clarified language. Simons thought it may be easier to point out materials the City doesn't want rather than materials allowed. Finke said there are unnatural materials more durable than natural materials. The Commission agreed and requested that staff do additional research. V. Reid asked if staff had seen regulations requiring signs to be horizontal rather than vertical. The Commission discussed vertical signs as they relate to area. V. Reid asked if the Commission was supportive of staff drafting regulations to require horizontal style signs rather than vertical. R. Reid said she felt the height limitations force most of them to be designed horizontal. V. Reid said she finds the horizontal signs more attractive and recommended the sign ordinance have 3 Medina Planning Commission Draft August 11, 2009 Meeting Minutes requirements to achieve a more horizontal style. Finke clarified her recommendation asking if the ordinance had a "width must exceed the height" requirement. Weir stated the Park Commission strongly favors the horizontal style signs. Finke talked about the size limitation and the square feet recommended. He explained 15 square feet was the recommendation. The Commission reviewed the Park Signs to get a generalidea of sign area on a sign. Public Hearing was opened at 7:54 p.m. Public Hearing was closed at 7:56 p.m. Motion by Verbick, seconded by Lilts to approve the ordinance amendment with recommended changes.n(Noll n and Nielsen) ,Y/1.)( 8. City Council Meeting Schedule: Commission discussed. 9. Adjourn: Motion by Simons, seconded by V. Reid to adjourn at 7:57 p.m. Motion carried unanimously. (Absent: Nolan and Nielsen) 4 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: September 3, 2009 MEETING: September 8, 2009 Planning Commission SUBJ: Public Hearing: Business Park zoning text amendment; Regulations related to the General Business land use Background The applicant, Mike Leuer, has requested specific changes to the regulations of the Business Park Zoning District. The applicant owns property within the Business Park district, located on both sides of Willow Drive, south of Highway 55/railroad tracks and north of Pioneer Trail. As part of the City's process of updating the zoning ordinances following approval of the 2010- 2030 Comprehensive Plan, the City would have ultimately been evaluating the regulations and likely made a number of changes. However, these changes would not be necessary for the City's ordinances to be consistent with the Comp Plan. As a result, the City Council originally placed the Business Park ordinance much later in the process. Because of the request from the applicant, the Council directed staff to alter the priority list and place the review the of Business Park zoning district, along with other regulations to implement the General Business land use, at the top of the priority list. Rather than reviewing the narrow changes requested by the applicant, the City will look more inclusively at the regulations for the General Business land use. Unlike earlier ordinances (Commercial, Sewered Residential) which were entirely new districts that do not yet apply to properties, the attached draft ordinance, when adopted, will snake immediate changes to property in the City which is currently zoned Business Park. As with previous ordinances, staff reviewed ordinances in a number of communities as part of the process, and a summary of some of these regulations is attached. Comprehensive Plan Information The attached map shows areas designated as General Business in the 2010-2030 Corprehensive Plan. The Plan describes General Business as follows: "General Business (GB) provides opportunities for corporate campus uses including light industrial and retail uses. This designation identifies larger tracts of land that are suitable for office and business park developments and are served or will be served by urban services." The Plan does not establish specific objectives for the General Business land use, but the following objectives hold for commercial, general business and industrial business. Objectives: 1. Provide convenient and attractive shopping and services to meet the needs of City residents. 2. Avoid multiple access points to collector and arterial roads. Mike Leuer Page 1 of 6 Business Park Zoning Text Amendment and Regulations for the General Business Land Use September 8, 2009 Planning Commission Meeting 3. Encourage businesses that benefit the local community by providing employment opportunities offering convenience goods and services, utilizing high quality design, and having limited impact on public services. 4. Require commercial activities that serve the broader metropolitan market to have access to a regional highway or frontage road. 5. Regulate the impact of commercial development along the border between commercially and residentially guided areas to ensure that commercial property has a minimal impact on residential areas. 6. Regulate construction to ensure high quality, energy and resource efficient buildings and to promote such Green Building standards as LEED Certifications or the State of Minnesota Sustainable Building Guidelines: Buildings, Benchmarks and Beyond (B-3) standards. 7. Encourage construction that enhances the visual appeal of TH 55 corridor. 8. Create or update standards that promote a more rural appearance, or create campus style developments that protect ecologically significant areas and natural features. 9. Require frontage roads that do not directly access TH 55 corridor. 10. Require developments to provide frontage roads as shown conceptually in the transportation plan. 11. Require conditional use permits for manufacturing, processing, cleaning, storage, maintenance and testing of goods and products in order to prevent adverse affects to the City and its residents. 12. Use the site plan review process to ensure that commercial and industrial uses are compatible with neighboring future and existing uses, and with the adjoining public streets and highways. PUD's may be used to help accomplish this policy. Ordinance Structure The attached ordinance is divided into three sub -sections: ■ Business Park district regulations (Section 832.1) — existing district being amended ■ Business district regulations (Section 832.2) — new zoning district ■ Design/Development standards that apply to both of the above districts (Section 828.3) Generally, the Business Park (BP) district is less intensive of a district than the Business (B) district. Although the City will not be zoning property into the B district at this time, it is obviously important to consider where the district will ultimately apply. Staff is recommending (and the Purpose statements are written in a way) that the BP district be applied to general business land which is closer to residential zoning districts, while the B district be applied to general business land which is proximate to arterial roadways and more distant from residential areas. Staff believes that the combination of these two districts will allow the City to achieve the objectives of the 2010-2030 Comp Plan in the general business land use. Allowed Uses The following table summarizes the uses allowed in each of the districts. As suggested above, the BP district is meant to be less intensive than the B district, so certain uses are limited to the B district. The applicant requested that residential uses be added to the list of uses allowed in the BP district, if they were accessory to an institutional use. Staff has not included this in the ordinance, but recommends that the Planning Commission discuss this subject. Mike Leuer Business Park Zoning Text Amendment and Regulations for the General Business Land Use Page 2 of 6 September 8,2009 Planning Commission Meeting Business Park (BP) Business (B) Allowed Uses Bank and Financial Institutions Bank and Financial Institutions Day Care Facilities Day Care Facilities Essential Services (utilities) Essential Services (utilitiej Laboratories Laboratories Nursing Homes, Assisted Living Nursing Homes, Assisted Living Office Uses, including Medical Offices Office Uses, including Medical Offices ,gyp Parks and Open Space ,,n - Parks and Open Space Physical fitness clubs (w/o outdoor activity areas ti9 Physical fitness clubs (w/o outdoor activity areas) Public Services (including Post Offices) Public Services (including Post Offices ( g ) Publishing Firms PublishingFirms Religious Institutions Religious Institutions Licensed Residential Facilities Licensed Residential Facilities Showrooms Showrooms Transit Station or Stop Transit Station or Stop Contractor services delivered off -site Places of assembly, conference halls, lodges Retail Uses Warehouse, Wholesale, and Distributors Conditional Uses Adult Establishments Adult Establishments Educational facilities Educational facilities Essential Service (utilities) structures Essential Service (utilities) structures Hospital Hospital Manufacturing and assembly (limited, light) Manufacturing and assembly (limited, light) Telecommunications Tower Telecommunications Tower Veterinary Clinic Veterinary Clinic D Auto, Marine, Trailer Sales or Rental Auto Repair, Service Shops, Auto Body l Vn� �� Auto Towing w `` Car Washes or Auto Detailing V� V Hotels and Motels r/v611{ �, Indoor Recreational Uses "j G Motor Fuel Stations Pawn shops Retail or Service uses related to animals Accessory Uses Computer manufacturing and assembly Computer manufacturing and assembly Day care or day nurseries Day care or day nurseries Food service for employees Food service for employees Industrial repair or processing (<20% floor area) Industrial repair or processing (<20% floor area) Off-street parking and loading Off-street parking and loading Parking Structures (with CUP) Parking Structures (with CUP) Railroad Spur Railroad Spur Recreational and open space for employees Recreational and open space for employees Retail sales (<15% floor area) Signs Signs . Transit stop/station Transit stop/station Warehouse (<30% floor area) Warehouse Wholesale office and showrooms Wholesale office and showrooms Restaurants/on-sale liquor establishments Outdoor dining/drinking areas Interim Uses Outdoor display of retail Asphalt and concrete recycling Outdoor storage (with CUP) Processing and sale of topsoil, peat, and similar Temporary outdoor sales events Mike Leuer Page 3 of 6 Business Park Zoning Text Amendment and Regulations for the General Business Land Use September 8, 2009 Planning Commission Meeting Lot Standards The following standards apply to each of the districts. A number of changes were made to the BP zoning district, which can be seen with strikethrough and underline in the attached ordinance. Generally speaking, these changes are less restrictive, consistent with previous discussions with regards to the Commercial ordinance and the Commission's previous discussion of the general business land use. However, the regulations still reserve more green space than in the commercial districts. Additionally, the ordinance includes regulations meant to reduce impacts on residential property, including: screening requirements adjacent to residential districts and limitations on which uses may be within 200 feet of residential districts. The changes concentrate greenspace towards the exterior of a development site (maintaining larger front setbacks), while allowing smaller setbacks with little or no greenspace between buildings within an integrated development. This allows for efficient use of site amenities (parking, fire lanes, common screening for loading docks, etc.) while providing for attractive appearance from the exterior of the site. Business Park (BP) Business (B) Lot Size 5 acres (2.5 if integrated develop.) 3 acres (2 if integrated develop.) Lot Width 200 feet 200 feet Lot Depth 200 feet 200 feet Front Setback 40 feet 40 feet Interior Side Setback 30 feet (15 if shared) 30 feet (15 if shared) Rear Setback 30 feet (15 if shared) 30 feet (15 if shared) Street Setbacks Local or Minor • 40 feet 40 feet Major or Arterial 50 feet 50 feet Residential Setback 50 feet (w/ 80% screen) 50 feet (w/ 80% screen) Railroad Setback None None Parking Setbacks Front 25 feet 25 feet Rear/Interior Side 20 feet 20 feet Street 25 feet 25 feet Residential 50 feet 50 feet Impervious Surface 70% (+ if exceed stormwater regs) 75% (+ if exceed stormwater regs) Building Height 35 feet 45 feet Outside Storage None CUP, 20% size of building Design. and Development Standards Building Materials (see page 11) The allowed exterior building materials are essentially the same as the existing BP :ordinance, and what was adopted in the commercial ordinances. 30% is required to be high quality materials (brick, stone, copper, glass). No more than 70% is allowed to be decorative concrete. A maximum of 20% may be wood, metal, or hardi-board if used as an accent. The applicant has requested that EIFS be added to the list of accent materials. Mike Leuer Page 4 of 6 Business Park Zoning Text Amendment and Regulations for the General Business Land Use September 8, 2009 Planning Commission Meeting Building Modulation (see page 11) The ordinance requires buildings to be modulated or articulated at least once per 40 feet of length to break up long, monotonous building walls. Additionally, three story structures are required to have the third level set back from the lower portion of the building. Because buildings in these districts will tend to be larger, staff is recommending a discussion regarding the 40 foot modulation, as this would require a lot of architectural elements on long walls. Fenestration and Windows (see page 11) The ordinance includes general language requiring "generous window coverage" along elevations facing public streets. The ordinance allows other architectural elements as an alternative where windows are not practical. Multi -sided Architecture (see page 11) The ordinance requires rear or side building facades to be of a higher quality if they face a street, interior access drive, or residential zoning district. If the building facade is completed screened, this higher quality design can be waived. Preservation of Natural Environment and Natural Drainage (see page 12) The ordinance requires that the site be designed in a way which maintains existing topography, drainage patterns, and ecological functions. The ordinance requires stormwater improvements to place an "emphasis" on natural drainage systems such as vegetative swales and bioretention rather than curbs, pipes and NURP ponds. Landscaping Requirements (see pages 12-13) Adjacent to buildings — ordinance requires 12 feet of landscaping adjacent to buildings (separating parking lots from the buildings). Trees and Shrubs — the number of required plantings is based on the perimeter of the lot. One overstory tree is required for every 50 feet, one ornamental tree is required for every 100 feet, and one shrub is required for every 30 feet. These requirements are the same adopted in the commercial ordinance. As an example, a 10-acre square lot would be required to plant a minimum of 53 trees, 27 ornamental trees, and 88 shrubs. Parking Lot Landscaping — the ordinance requires large parking lots to be broken up into smaller "cells" of 120 stalls and requires that landscaping be used as part of the stormwater treatment improvements, where practical. Tree Preservation and Wetland Protection (see page 13, and Sections 828.41 and 828.43) The City's tree preservation ordinance and wetland buffer ordinance which have been adopted in the past few years would apply to development in these districts. Utilities/Mechanical Equipment/Trash and Recycling (see pages 13-14) All of these improvements are required to be inside of buildings or include significant screening. Mike Leuer Page 5 of 6 Business Park Zoning Text Amendment and Regulations for the General Business Land Use September 8, 2009 Planning Commission Meeting Storage of Service Vehicles (see pages 14-15) . The ordinance allows vehicles less than 24 feet in length and 12,000 lbs of gross vehicle weight to be parked in parking lots. This number is limited to one vehicle per 15,000 square feet of building footprint. Larger vehicles, or more than allowed in the parking lot, are required to be parked inside, in an outdoor storage area, or in a loading dock. Loading Docks (see pages 15-16) The ordinance makes significant changes to the requirements of loading docks from the existing Business Park regulations. Maximum area of loading docks — loading docks are limited to 10% of the building perimeter. Additional loading dock area is allowed within a "loading dock courtyard" formed by buildings and wing walls. Location — the ordinance prohibits any loading dock within 100 feet of a residential zoning district (current BP code is 300 feet). Additionally, any loading dock within 300 feet of a' residential zoning district is required to be oriented away from the residential district. Screening — the ordinance requires a combination of screening techniques to reduce the impact on adjacent property and streets. These techniques include: building design/configuration, wing walls, below -grade docks, landscaping, berming, and fencing. Additional Requirements for specific uses The ordinance includes additional requirements for some of the uses which staff believes are more likely to impact neighboring properties if the conditions would not apply. The uses and the additional requirements are described on pages 16-21 of the ordinance. Attachments 1. DRAFT ordinance 2. Future Land Use Map from 2010-2030 Comp Plan (General Business property is brown) 3. Current zoning map (current Business Park zoning district is pink) 4. Summary of regulations in other communities 5. Applicant's proposed ordinance changes to Business Park 6. Applicant's supporting documentation Mike Leuer Business Park Zoning Text Amendment and Regulations for the General Business Land Use Page 6 of 6 September 8, 2009 Planning Commission Meeting ATTACHMENT 1 : Draft Ordinance CITY OF MEDINA ORDINANCE NO. #fait AN ORDINANCE RELATED TO THE REGULATIONS OF THE BUSINESS PARK ZONING DISTRICT AND CREATING THE BUSINESS ZONING DISTRICT; AMENDING SECTION 832 AND ADDING NEW SECTIONS 832.1, 832.2, AND 832.3. THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: SECTION I. Section 832.01 through 832.06 of the Medina code of ordinances is amended to add the underlined language and delete the struck through language as follows: SECTION 832.1,. ZONING— BUSINESS PARK DISTRICT Section 832.1.01. Business Park (BP) Purpose. The purpose of this the Business Park BP) district is to provide an attractive, high quality business park primarily for office, high quality manufacturing and assembly, and non -retail uses in developments which provide a harmonious transition to residential development and neighborhoods by: 1) conducting all business activities and essentially all storage inside buildings, 2) consisting of low profile, high quality and attractive buildings which blend in with the environment, 3) providing open space, quality landscaping and berming which achieve a park -like setting and 4) including berming and buffering of parking, loading docks and other similar functions. Section 832J .02. IBA') Permitted Uses. Within the Business Park District the following uses shall be permitted uses and are subject to site plan approval and development plan approval processes. (1) Park and Open Space (2) Office (3) geeretarial-fflid`� �, erd ]lfoeessing Sei.vice laboratories. in compliance with relevant reuulations related to hazardous material storage and odor control (4) Bank and Financial Institutions (5) Medical Offices (6) Post Office (7) Physical fitness clubs. dance studios. and similar uses exceut the followinv are not permitted uses: those over 20.000 square feet in floor area, and those which include outdoor activity areas (such as pools and plavinn fields) (8) Public buildings of a non -industrial nature (9) Religious Institutions (10) Showrooms (11) Transit Station or Stop Page 1 of 21 (12) Publishing Firms (13) Nursinct Homes. Assisted Living Facilities. and similar uses (14) Licensed Residential Facilities (15) Day Care Facilities Section 832,1.03. MP) Conditional Uses. Within the Business Park District, no structure or land shall be used for the following uses except by conditional use permit. the specific requirements established in Section 832.3.09. and other ap licable provisions of the city code: (1) Public Buildings of a non industrial-Mature/use" (2) Transit St-atio-n-el,--Stop (3) Hospital (4) 4-164e14-44-ofel ---- ---- - ---------- -- ---- (5) Physical Fitness Clubs. dance studios. and similar uses which exceed 20.000 square feet in floor area, or which include outdoor activity area, (such as pools or la kg If eldsl (6) Animal Hospital (veterinary) (7) Laboratories (8) Publishing Firms (9) She\'MOMS (10) Essential Public Utility and Service Structures (11) Educational facilities. including Business and technical schools which are post secondary (12) Telecommunications Tower as defined in the section titled Zoning — Performance Standards and Enforcement of the Medina City Code. (13) Adult establishments as defined in section 645 of the Medina City Code. (14) Manufacturing and assembly of the following light industrial products and products excluding: metal plating; Teflon coating or similar plating or coatings requiring high temperatures; the use of heavy or other drop forges or heavy or other hydraulic surges or devices capable of detection (vibration) at the property line.' Manufacturing of the following are included: (a) Printing and related support activities (b) Computer and electronic products (c) Communications equipment (d) Audio and video equipment (e) Semiconductor and other electronic components (0 Navigational, measuring, electromedical, and control instruments (g) Manufacturing and reprod ' magnetic and optical media (h) Household appliances (i) 'Jewelry, silverware, a hnlln�xnz ara t Uses listed in this subsection are selectively taken from the North American Industry Classification System (NAICS). Uses not included or worded differently were intentionally done so because they are not consistent with the purpose of this district, were deemed not to be appropriate for inclusion, or needed to be worded differently to meet the City's needs. Page 2 of 21 COMMent [dl]: One motel exists in BP today, although that property has been identified as Commercial in the 2010-2030 Comp Plan (j) Jewelers' material and lapidary work (k) Doll, toy, and games (1) Office supplies (except paper manufacturing) (m) Medical equipment and supplies (n) Pharmaceuticals Section 8321.04. (�P) Accessory Uses. Within the Business Park District the following accessory uses shall be allowed, except that the combined floor area of industrial ret air/processina warehousing and retail suace shall not exceed 50 percent of the gross floor area of the building. (1) Recreational and Open Space for those employed on site and their guests (2) Off -Street Parking and Loading (3) Food Service for Employees and their guests, provided such facility is integrated into and within the principal use and building (4) Railroad Spur (5) Transit Stop / Station (6) Day Nurseries and day care (7) Any,industrial repair or processing provided it does not occupy more than 20 percent of the floor area (8) Warehouse, provided it does not occupy more than 30 percent of the floor area. (As used in this section, warehouse means a place in which goods or merchandise is stored, not including raw material or other goods used in the manufacturing or assembly of products on the site and not including the temporary storage of goods and merchandise produced on this site) (9) Wholesale offices and showrooms (10) Computer manufacturing and assembly (11) Essential Public Utility and Service Structures including telecommunications towers under the requirements of a conditional use permit (12) Retail sale of products provided the floor area for retail sales does not exceed 2-4�8 sq. ft. or exceed 5`;;, 15 percent of the gross floor area in the building_-�viielleN cr is -less (13) Drive -through services. subject to a conditional use)ermit and the requirements established in Section 832,3,09. (14) Signs• subject to the requirements of the sign ordinance (15) Parking structures. subject to a conditional use permit and the requirements established in Section 832.3.09. Section 832.1.05 04,. fBP) Interim Uses. Within the business park district, the following uses shall be permitted by interim use permit: (1) asphalt and concrete recycling; and (2) processing and sale of topsoil, peat and similar natural products Interim uses shall be further regulated under sections 825.73 — 825.81 of this ordinance. Page 3 of 21. Section 832.1.06 85. BPLLot. Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. fee-F guie-1-). Subd.1. Lot of Record: A lot of record, which existed on or before December 31, 1999 and has one or more of the following shall be considered buildable without requiring a variance provided all other provisions of the ordinance are met. (a) Less than the required lot size, but more than 1 acre (b) less than the required lot width (c) less than the required lot depth Subd. 2. Minimum Lot Area: 5 acres. The minimum lot size may be reduced to 2.5 acres if the lot is part of an integrated development utilizing shared improvements such as par int and stormwater mana• ement, as approved by the City. Subd. 3. Minimum Lot Width: 300 200 feet. Subd. 4. Minimum Lot Depth: 388 200 feet. Subd. 5. Minimum Front Yard Setback: 3-0 40 feet. Subd. 6. Minimum interior Side Yard Setback: 59 30 feet. if the lot is_part of an integrated development. the interior side yard setback may be reduced to 15 feet in order --- - t0 BCcommodatc_�iared use of loadliy, clock circulation. fire lanes or Other site - � j Comment [d2]: Incentive to utilize Iinprovements. or to configure buildings In a way to screen loading docks. Lbuildingstoscreenloading docks Subd. 7. Minimum Rear Yard Setback: 50 30 feet. if the lot is part of an integrated devell?ment. the interior side yard setback may be ireaut.ed ip 15 feet in.:order to accommodate shared use of loadirii,i dock circulation. fire lanes or other site_ improvements or to configure buildings in a way to screen loading docks. Subd $Street Setback A reatlil-ed vard setback adjacent to a public or private street. shall be increased based on the classification of the street in the Comprehensive Plan as follows: (a) Local or Minor Collector Roa&,/ay: 40 feet. (b) Major Collector or Arterial Roadway. 50 feet. Subd.8 9. Setback from Residential: T11-e-la34n-i-muii3 setback ficn, lok-I-ines abutting ret;idential.zones -W-hen-e nitnel&ial-and--lresi-del}ti-a-1—zeftes-are separate€1-13-5•t K;-aEl-i-ight of ryart, the -setbaeli- shall bc-1-00-teet4fain the eo nmet-e-ial-ptepea54-line. A required yard setback adjacent to or across a street from a residential zoning district shall be increased to 50 feet_ Additionally. an 80 percent opaque screen shall be required within the yard setback adjacent to the residential zoning district. Page 4 of 21 Comment [d3]: Incentive to utilize buildings to screen loading docks Subd. 10. Minimum Railroad Setback: A required yard setback adjacent to a railroad right-of-way may be reduced to zero. except as necessary for safety. fire access. or utility purposes. ISit 9. NV-et-111mi Settt mum of 15 feet for a wetland less than 1 acre aiid-50 feet f r wet-laftdc grLatcr than 1 acre, and -silk setback sl shall not be a mowed and/or fertilized I'm n. 1Subd. 10. spa Lot Setback: Parking may be all r„—f;etwa-efml;R-.ei-akfr : f ate-b iffe•:ng plan is appfekcd. Sub-d. 11. Busiu e-Resifl-en4:3 , ;tmay bc, allcwed=e t4-1 , 50 feet of a residential zone if there is ne line-e-f fright between the-y-e-h-icles in the reduced set -lea -^ - ^ •^^ a^ tees. An approved landscape plan which could thereby a1Aevring parking in , of setback Subc 11. mum Parking Setbacks Parking stalk parking aisles and fire lanes may encroach within the required yard setbacks but shall be located the following distances from property lines: (a) Front Yard: 25 feet (b) Rear and Interior Side Yard: 20 feet. except no setback is required to accommodate shared/joint parking. loading dock circulation. or fire lanes across a common lot line within an integrated development. c) Side Yard. if adjacent to street: 25 feet (d) Residential onin District: 50 fee` . -Igure 1 9a ac 4:44 a (5(Ph of Mtalst1M Residential Zoning Res. '.;ddltional 50 fL Setb.:..irom Residential eymred open space ta maintain 50 h maximum impervious coverage Minimum 50 It , front side a. rear yard setbacks Protected Wetland Residential Zoning Minimum 50 ft. wetland setback (over 1 acre) Imam 25 LI and setback an 1 acre) cel Boundry EC Wetlands Setback (25-50 Feet) maw ee 7,: ivaman e. Fw exempk, parking would esidential Zoning ED property Line Setback (50 feet) k,:rtgnl a°s oM a7- Wetlands Residential Setback (+50 Feet) h..dcov, , Buildable Land Required Open Space 50 0®0 Feet tComment WO Wetland Buffer ordinance adopted last year will apply Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard, and wetland setback or other required setbacks shall be used for building, storage, or other functions except for recreation and open space uses. When setback provisions overlap, the most restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and Development Standard - all uses) ,Subd. 13. Maximum Impervious Surface• Impervious surface coverage shall not e percent of the entire lot. The maximum immervious surface coverage may ire increased to 75 percent if the lot is part of an integrated development utilizingshared improvements such as parking and stormwater management as al2proved by the City. However. in no case shall impervious surface coverage exceed 85 percent of the remaining lot area after wetlands and storm Va,ater ponds have been excluded. impervious surface coverage may exceed these totals if practices are implemented which, according to the City Engineer, exceed the requirements of stormwater retention and treatment regulations. Subt1,-1-341uilding Height. NT le is t it e ,a�--30-fRz b .;ia:.,g has 1.1 sprinJder system, in which case the height shall not exceed 35 feet.. eetior'rv�iw. Sanitan—Se cr. Within the Business Park District, the maximum allewed write yvatcr flow is 750 gallons per d of this sccti n, net acres egn-a- ^', ,-rl:,e-tetn;-edtea-ef41 s and open water). Section 81 .1.07. (BPl Decion and Development Standards The fstandards shall b observed subiect to additional requirements exceptions and modifications set forth in the cit code: Subd. 1.. The design and development standards. as required in Section 832.3. shall be observed. Subd. 2. Maximum: Buildin<r . eight: No buildin t shall e. ceed 30 feet unless the building has a sprinkler system. in which case the height shall not exceed 35 feet. GSubd. 3. t:}utsitle Storafle Prohibited. No outside storage shall beallowed. with the _ exception of vehicles used in the. Bail operation of the use permitted on the site as regulated by Section 832.3. ##i SECTION II. Sections 832.07 through 832.09 of the Medina code of ordinances are hereby deleted in their entirety as follows: t l'ext of Sections 832.07 through 832.09 will appear !Jere with strikcthrin tlu officially adopted ordinance) Page 6of21 Comment 05D Added a bonus for hardcover if an LID practice is implemented on the lot Comment RIO Lower height regulation than in B or in the Commercial -Highway districts !Comment [dn. Discussion item: Should outside storage continue to be prohibited? Comment [d8]: The development standards are replaced by new text in Section 832.3 below. The deleted text is 17 pages in length, and excluded to save paper/ink. If you wish to reference these existing regulations, please contact staff or the current Section 832 is available on the City's website (www.ci.medina.mn.us) SECTION III. The Medina code of ordinance is amended to add new Section 832.2 as follows: SECTION 832.2 — BUSINESS DISTRICT Section 832.2.01. Business (13) Purpose. The purpose of the Business (B) district is to provide for a zoning district for a mix of office, high quality light industrial, and larger -scale retail and service uses with proximity to arterial roadways. Development shall include high quality and attractive building materials and architectural design as well as extensive landscaping in order to limit impacts on surrounding land uses, and shall be integrated and coordinated in a way to most efficiently utilize site improvements and to protect the natural environment. Section 832.2.02. (B) Permitted Uses. The following shall be permitted uses within the B district, subject to applicable provisions of the city code: (1) Bank and Financial Institutions (2) Contractor services typically delivered off -site such as, building contractors, lawn care, electrical, plumbing, locksmiths, and extermination or pest control. (3) Day Care Facilities (4) Essential Services (5) Laboratories, in compliance with relevant regulations related to hazardous material storage and odor control (6) Nursing Homes, Assisted Living Facilities, and similar uses (7) Office Uses, including Medical Offices (8) Park and Open Space (9) Physical fitness clubs, dance studios, and similar uses, except the following are not permitted uses: those over 20,000 square feet in floor area, and those which include outdoor activity areas (such as pool and playing fields) (10) Places of assembly, conference halls, lodges, and similar uses (11) Public Services such as government buildings, post offices, and similar uses (12) Publishing Firms (13) Religious Institutions (14) Retail Uses, except the following are not permitted uses: pet stores, pawn shops, and adult establishments. (15) Licensed Residential Facilities (16) Showrooms (17) Transit Station or Stop (18) Warehousing, Wholesaling, and Distributors Section 832.2.03. (B) Conditional Uses. The following shall be permitted uses within the B district, subject to conditional use permit approval, the specific requirements established in Section 832.3.09, and other applicable provisions of the city code: Page 7 of 21 Comment fd9]: Alternative: Minimum square footage requirement (directing larger retail uses into this `district rather than smaller uses) (1) Adult Establishments (2) Automobile, Marine, or Trailer Sales or Rental (3) Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops (4) Automobile Towing (5) Car Washes or Auto Detailing (6) Educational facilities, including post secondary (7) Hospital (8) Hotels and Motels (9) Indoor Recreational Uses, including but not limited to bowling alleys, dance halls, movie theaters, and live entertainment. (10) Manufacturing or assembly of light industrial products, except not the following uses and processes: leather tanning; paper manufacturing; meat slaughtering or rendering; metal plating; Teflon coating or similar coatings requiring high temperatures; the use of heavy or other drop forges; the use of heavy or other hydraulic surges; or the use of any devices capable of detection at the property line. (11) Motor Fuel Stations (12) Pawn shops (13) Physical Fitness Clubs, dance studios, and similar uses which exceed 20,000 square feet in floor area, or which include outdoor activity areas (such as pools or playing fields) (14) Retail or Service uses which include the keeping of animals on -site such as pet stores, veterinarian clinics, animal day cares, commercial kennels and similar uses (15) Telecommunications Tower j Section 832.2.04. (B) Accessory Uses. The following accessory uses shall be permitted within the B district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: (1) Computer manufacturing and assembly (2) Day Nurseries and day care (3) Drive -through services subject to a conditional use permit and the requirements established in Section 832.3.09. (4) Food Service for employees, residents, and their guests, provided such facility is integrated into and within the principal use and building (5) Industrial repair or processing provided it does not occupy more than 20 percent of the floor area (6) Restaurants and licensed on -sale liquor establishments (7) Off-street parking and loading (8) Outdoor dining and/or drinking areas, subject to the requirements established in Section 832.3.09. (9) Outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, subject to the requirements established in Section 832.3.09. (10) Outdoor Storage, subject to a conditional use permit and the requirements established in Section 832.3.09. (11). Parking structures, subject to a conditional use permit and the requirements established in Section 832.3.09. (12) Railroad spur Page 8 of 21 -Comment [d10]: Discussion item: are wind energy conversion systems (wind turbines) a similar use to be allowed with a CUP? (13) Recreational and Open Space for those employed on site and their guests (14) Signs, subject to the requirements of the sign ordinance (15) Temporary Outdoor Sales Events, subject to an administrative review of compliance with the requirements established in Section 832.3.09. (16) Transit Stop / Station (17) Warehouse Section 832.2.06. (B) Lot. Setback and Building Size Requirements. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd. 1. Lot of Record: A lot of record, which existed 'on or before December 31, 1999 and has one or more of the following shall be considered buildable without requiring a variance provided all other provisions of the ordinance are met. (a) less than the required lot size, but more than 1 acre (b) less than the required lot width (c) less than the required lot depth Subd. 2. Minimum Lot Area: 3 acres. The minimum lot size may be reduced to 2 acres if the lot is part of an integrated development utilizing shared improvements such as parking and stormwater management, as approved by the City. Subd. 3. Minimum Lot Width: 200 feet. Subd. 4. Minimum Lot Depth: 200 feet. Subd. 5. Minimum Front Yard Setback: 40 feet. Subd. 6. Minimum Interior Side Yard Setback: 30 feet. If the lot is part of an integrated development, the interior side yard setback may be reduced to 15 feet in order to accommodate shared use of loading dock circulation, fire lanes or other site improvements, or to configure buildings in a way to screen loading docks. Subd. 7. Minimum Rear Yard Setback: 30 feet. If the lot is part of an integrated development, the interior side yard setback may be 'reduced to 15 feet in order to accommodate shared use of loading dock circulation, fire lanes or other site improvements, or to configure buildings in a way to screen loading docks. Subd. 8. Street Setback: A required yard setback adjacent to a public or private street shall be increased based on the classification of the street in the Comprehensive Plan as follows: (c) Local or Minor Collector Roadway: 40 feet. (d) Major Collector or Arterial Roadway: 50 feet. Subd. 9. Setback from Residential: A required yard setback adjacent to or across a street Page 9 of 21 Comment Rill]: Incentive to utilize buildings to screen loading docks - , i Comment [d12]: Incentive to utilize buildings to screen loading docks from a residential zoning district shall be increased to 50 feet. Additionally, an 80 percent opaque screen shall be required within the yard setback adjacent to the residential zoning district. Subd. 10. Minimum Railroad Setback: A required yard setback adjacent to a railroad right-of-way may be reduced to zero, except as necessary for safety, fire access, or utility purposes. Subd. 11. Minimum Parking Setbacks: Parking stalls, parking aisles, and fire lanes may encroach within the required yard setbacks but shall be located the following distances from property lines: (a) Front Yard: 25 feet (b) Rear and Interior Side Yard: 20 feet, except no setback is required to accommodate shared/joint parking, loading dock circulation, or fire lanes across a common lot line within an integrated development. (c) Side Yard, if adjacent to street: 25 feet (d) Residential Zoning District: 50 feet Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard, and wetland setback or other required setbacks shall be used for building, storage, or other functions except for recreation and open space uses. When setback provisions overlap, the most restrictive provision of both setbacks apply. Subd. 13. Maximum Impervious Surface: Impervious surface coverage shall not exceed 75 percent of the entire lot. The maximum impervious surface coverage may be increased to 80 percent if the lot is part of an integrated development utilizing shared improvements such as parking and stormwater management, as approved by the City. However, in no case shall impervious surface coverage exceed 85 percent of the remaining lot area after wetlands and stormwater ponds have been excluded. Impervious surface coverage may exceed these totals if pracrices are implemented which, according to the City Engineer, exceed the requirements of stormwater retention and treatment regulations. Section 832.2.07. (B) Desien•and Development Standards. The following standards shall be observed, subject to additional requirements, exceptions and modifications set forth in the city code: Subd.1. The design and development standards, as required in Section 832.3, shall be observed. Subd. 2. Maximum Building Height: No building shall exceed 30 feet, unless the building has a sprinkler system, in which case the height shall not exceed 45 feet. Page 10 of 21 Comment NOD Added a bonus for hardcover if an LID practice is implemented on the lot SECTION IV. The Medina code of ordinances is amended to add new Section 832.3 as follows: SECTION 832.3 — DESIGN AND DEVELOPMENT STANDARDS FOR BUSINESS PARK AND BUSINESS DISTRICTS Section 832.3.01. Generally. The standards of this Section shall apply to the Business Park and Business districts. These standards are established to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. Section 832.3.02. Building Materials and Design. Subd. 1. Building Materials. All exterior building materials shall be durable and meet the following standards: (a) A minimum of 30 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 70 percent may be decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. Decorative concrete shall be color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, metal (excluding copper), or fiber cement lap siding, if used as accent materials which are integrated into the overall building design. Subd. 2. Building Modulation. Buildings shall be modulated a minimum of once per 40 feet of building perimeter to avoid long, monotonous building walls. This modulation may include varying building height, building setback, or building materials/design. The portions of building which exceed two stories or 35 feet shall be set back a minimum of six feet from the lower portion of the building. Subd. 3. Building Fenestration and Transparency. Building elevations which face a public street shall include generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical. Subd. 4. Multi -sided Architecture. Any rear or side building elevation which faces a public street, an interior access drive for the development, or a residential zoning district shall include design and architectural elements of a quality generally associated with a front facade. The elevation(s) shall be compatible with the front building elevation. Additional signage shall be permitted for an elevation facing a public street or interior access drive, as regulated within the sign ordinance. Multi -sided architecture shall not be required in situations where the rear or side building elevation is fully screened from view from the adjacent street or residential property. Page 11 of 21 Comment [d14]: The applicant has requested that EIFS be allowed as an accent material; with a limit of 5^/. on the frontfagade Section 832.3.03. Preservation of Natural Environment and Natural Drainage Subd. 1. Site improvements shall be designed in a way which most effectively maintains existing topography, drainage patterns and ecological functions. Subd. 2. Natural Drainage System. Drainage and stormwater improvements shall be designed with an emphasis on integrated stormwater management practices such as vegetative swales, filter strips, biorention, and similar improvements as approved by the city. Section 8323.04. Landscaping Requirements. Subd. 1. Generally. The entire lot shall be landscaped, except for areas occupied by buildings, walks, trails, parking lots, drives, loading docks, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include trees, shrubs, plantings, and sod. Areas may be seeded if determined to be practically necessary by the city. Properly maintained natural vegetation and water conserving ground cover alternatives are encouraged. Integrated stormwater management practices, such as vegetative swales, vegetated filter strips, bioretention, and raingardens, shall be considered landscaping and shall not be excluded from the gross acreage of the parcel when calculating impervious surface coverage. Subd. 2. Building Setting. At least 12 feet of landscaped area shall be provided adjacent to all buildings except for walks, plaza space and approved loading docks. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings. Subd. 3.Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required. (a) Size. Deciduous trees shall not be less than 2.5 caliper inches measured four feet off ground, and coniferous trees shall not be less than six feet in height. (b) Location. Tree location shall be approved by the city prior to planting. (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species, as listed within the tree preservation ordinance are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. (d) Credit for Preserved Trees. The city may reduce the required number of overstory trees if an applicant preserves more existing trees than required by the Tree Preservation ordinance, Section 828.41. The city shall determine the amount of credit granted for such existing trees. Subd. 4. Ornamental Trees. A minimum of one tree per 100 feet, or fraction thereof, of lot perimeter shall be required. (a) Size. Trees shall not be less than two caliper inches measured four feet off ground. (b) Location. Tree location shall be approved by the city prior to planting. Page 12 of 21 Comment [d151: Currently 15-feet is required. The Coimnercial ordinance requirement was 10-feet. Staff recommends a reduction to account for landscaping adjacent to the access point for a loading dock "courtyard" (see page 26) (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. Subd. 5. Understory Shrubs. In addition to trees, a full compliment of understory shrubs shall be provided to complete a quality landscape treatment of the lot. Shrubs shall be potted and a minimum of 24 inches. In no instances shall the number of shrubs be less than one per 30 feet, or fraction thereof, of lot perimeter. Subd. 6. Parking Lot Landscaping. A minimum of eight percent of the total land area within parking, driveway, and loading dock areas shall be landscaped. (a) Landscaping at least 12 feet in width shall separate parking lots into cells of no more than 120 stalls. (b) Landscaping shall break up rows of parking approximately every 20 spaces. (c) Species selection shall be guided by soils conditions and any trees shall be planted in a way which increases the likelihood of long-term survival. (d) Where practical, the landscaping areas shall be designed to receive stormwater runoff from the adjacent parking area. Subd. 7. Maintenance. The developer shall be responsible for establishing a long-term maintenance plan to see that landscaping and fencing is maintained in an attractive and well -kept condition and to replace any landscaping that does not survive. Landscape irrigation, where necessary, shall be consistent with water usage regulations. Subd. 8. Landscaping Guarantee. The owner shall guarantee the growth and maintenance of all plants for a minimum of two growing seasons following an inspection of all completed plantings. The owner shall submit a financial guarantee, in a form acceptable to the City, prior to issuance of a building permit to ensure the planting and survival of the plantings. Any plant which does not survive or has severely declined (for example, 25% of the crown has died in the case of trees) shall be replaced, and the replacement should be guaranteed for an additional two growing seasons. The City shall retain financial guarantee in an amount necessary for any replacements. Subd. 9. Tree Preservation. Removal of significant trees and any construction activity within commercial districts shall be subject to the requirements set forth by the City's Tree Preservation Ordinance Section 828.41. Section 832.3.05. Utilities. Mechanical Equipment, and Trash and Recycling Facilities. Subd. 1. Utilities. All utilities shall be placed underground. To the extent possible, all utility equipment, meters and transformers shall be placed either inside of the building or within an outside mechanical court formed by walls. If not located within the building, these items shall be fully screened from view from adjacent property and streets through the use of opaque landscaping or walls constructed of materials which are compatible with the building. Page 13 of 21 Subd. 2. Mechanical Equipment. All HVAC and other mechanical equipment shall be designed, located, and/or screened so they are not visible from adjacent property or public streets. (a) Rooftop Equipment. Equipment shall be screened through the use of architectural elements and materials which are compatible with the overall design of the building. Wood fencing or chain link fencing with slats shall not be permitted. (b) Ground Equipment. Equipment shall be screened with walls which are constructed of materials which are compatible with the building or with landscaping which is opaque during the entire year. Subd. 3. Trash and Recycling Facilities. All trash and material to be recycled shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area adjacent to the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure and shall abide by yard setback requirements. Section 832.3.06. Screening. All structures, parking areas, and loading areas shall be screened from adjacent residential property. In situations where screening is required by the zoning ordinance or as a term of a conditional use permit, the following standards shall be satisfied through the use of fences, walls, or vegetative screens. Subd. 1. Standards for vegetative screens. Vegetative screens shall consist of fully hardy plant materials, planted in a way to be at least 80 percent opaque year-round. The height of the screen shall be determined by the city, taking into account the characteristics of the object(s) or area beingscreened, but shall be of adequate size immediately upon planting. The plants within a vegetative screen shall be in addition to the general landscaping requirements of this section. Subd. 2. Standards for screening fences or walls. A screening fence or wall shall be constructed of attractive, finished materials such as masonry, brick or wood. Materials and design shall be compatible with the principal structure. The height of the fence or wall shall be determined by the city taking into account the characteristics of the object(s) or area being screened. Subd. 3. Maintenance. The property owner shall be responsible for ensuring that fences and walls are not in disrepair and that planting screens are maintained in a neat and healthful condition. Failure to do so shall be a violation of this ordinance and may be deemed a nuisance, subject to necessary enforcement procedures. Subd. 4. Berming. If an earth berm is proposed to supplement the screening, the berm shall be undulating in order to give a natural appearance. Section 832.3.07. Outside Storage of Service Vehicles. A limited number of vehicles utilized for the use permitted on a property may be stored within the required off-street parking area. bne vehicle for every 15,000 square feet of building footprint, or portion thereof, shall be allowed._ Vehicles shall be currently licensed, operable, less than 24 feet in length, and not more than Page 14 of 21 Comment [1:116]: Current BP regulation is one per 20,000 sq. ft. Commercial ordinance was one per l 10,000 sq. ft. Wing wall 12,000 lbs. of gross vehicle weight. Additional vehicles and larger vehicles than allowed above shall be parked inside of buildings, within a loading dock, or within an outside storage area as regulated herein. Section 8323.08. Loading Docks. Subd.1. Maximum loading dock area. Loading docks shall not exceed 10 percent of the building perimeter. Loading docks which are located within a courtyard formed by buildings shall not be counted towards the maximum loading dock area, provided access points to the courtyard do not exceed 50 feet in width. Wing walls may also be utilized to create the courtyard, but shall be limited to 30 percent of the horizontal distance and shall be of similar building materials and design with the structure. Loading Dock "Courtyard" Subd.2. Location. (a) No loading dock shall be located within 100 feet of a residential zoning district. (b) Any loading dock within 300 feet of a residential zoning district shall be oriented away from the residential district. (c) Loading docks shall be located in a way which minimizes visibility from residential zoning districts and public streets. Subd. 3. Screening. Loading docks shall be screened from adjacent property and streets to the fullest extent possible using the following techniques, or others as approved by the city. Screening shall not be required between lots which are part of an integrated development and where buildings are configured in a way to create loading dock courtyards. (a) Building design/configuration. (b) Wing walls. Walls shall be constructed of similar materials and design with the principal building. (c) Below grade docks. This technique shall be supplemented with landscaping. Page 15 of 21 (d) Landscaping. Plants shall be selected to provide 80 percent year-round opaqueness. (e) Berming. Berms shall be undulating to provide a natural appearance, and shall be supplemented with landscaping. (f) Decorative Fencing. Landscaping shall be provided on the exterior of the fence to soften the visual impact of the fence. Section 832.3.09. Supplemental Requirements for Specific Uses within the Business Park and Business Districts. Subd.1. Adult Establishments. Shall meet the requirements of Section 645 of the Medina City Code. Subd. 2. Assembly or Manufacturing of light industrial products (a) The structure containing the use shall be no less than 160 feet from residential districts. (b) Equipment specifications shall be submitted. Vibration and noise reduction measures, and conditions related to building layout may be required by the city. Measures may be required regarding ventilation systems in order to prevent adverse effects of exhaust or emissions on adjoining property or tenant spaces. (c) Specific provisions shall be identified for property storage and disposal of fuels, chemicals, and any other hazardous materials. Subd. 3. Automobile, Marine, and Trailer Sales or Rental (a) Inventory shall be stored and displayed inside of a building or, if permitted in the district, within an approved outdoor storage area, which shall meet the standards required herein. (b) No inoperative vehicles shall be stored on the premises; unless in the process of being repaired and are stored within a building. (c) On -site repair or maintenance of vehicles shall be subject to the conditions established for Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops below. (d) No test driving of vehicles shall be permitted on local residential streets. (e) All vehicle. dealers shall be licensed by the state. Subd. 4. Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Vehicles parked outside awaiting service or pick-up shall be located in an area which is fully screened from neighboring properties and from the right-of-way. (c) No inoperative vehicles shall be stored on the premises, unless in the process of being repaired and are stored within a building. (d) All repair functions shall occur within an enclosed building. (e) No sales, storage, or display of automobiles shall be permitted unless a conditional use permit is granted for such a use. (f) Equipment specifications shall be submitted. Vibration and noise reduction measures may be required by the city. Page 16 of 21 Comment VIM Current BP code requirement is 500 feet, Commercial ordinance is 200 feet (g) Additional screening may be required to limit sight and noise impacts of service bays. (h) Adequate provision shall be made for proper inside storage of all new and used petroleum, chemical, liquid, and other products. (i) Towing operations shall be permitted as an accessory use, but only if allowed as part of the conditional use permit and if clearly subordinate to the principal use. The city may apply necessary conditions and limitation on this use. Subd. 5. Automobile Towing (a) Towed vehicles shall be stored inside of a building or within an approved outdoor storage area, as regulated herein. (b) No inoperative vehicles shall be stored on the premises, unless stored within a building. (c) No salvaging, crushing or recycling of vehicles shall be permitted. (d) Additional screening may be required adjacent to the area where vehicles are loaded into the building and/or approved outdoor storage area. Subd. 6. Car Washes or Auto Detailing . (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Additional screening may be required to limit sight and noise impacts of service bays. (c) Equipment specifications shall be submitted. Noise reduction measures may be required by the city. (d) Adequate provisions shall be made for circulation and stacking. Stacking requirements shall be based on the specifications of the car wash and the amount of time required to wash a car. Subd. 7. Drive -through Services (a) All parts of the drive -through lane(s) shall be no less than 200 feet from residential zoning districts. (b) Drive -through lanes shall not be permitted within required yard setback areas. (c) The site plan shall allow adequate pedestrian circulation, vehicle circulation, and vehicle stacking which does not interfere with on -site parking and loading. (d) The drive -through shall allow adequate stacking and circulation so as to avoid impacts on adjacent property or public right-of-way. (e) The City may require additional necessary conditions to limit the impact of drive - through lanes on surrounding property, including but not limited to: limiting hours of operation, restricting drive -through lane orientation, limiting the volume of loudspeakers and ordering devises, and/or requiring additional landscaping, berming, or other means of screening. Subd. 8. Educational Facilities, including post secondary i(a) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway; (b) Playgrounds and outdoor recreational areas shall be set back a minimum of 200 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts. Additional conditions shall be Page 17 of 21 required to minimize the impact of noise and lighting from outdoor recreational areas, and also to minimize the likelihood of the recreational activity spilling over onto adjacent property or right-of-ways. These conditions may include, but are not limited to: limiting hours of use, restricting the location of the court, and requiring fencing or screening. Subd.9. Hospital (a) (Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway. (b) Special traffic flow provisions must be developed for emergency vehicles. (c) All hazardous materials and medical waste must be stored inside the buildings and provisions for such storage must be included in the plan. (d) A detailed rational plan must be developed for parking and access including access parking provisions for doctors, staff, short and long term public parking, pedestrian ways, decorative security lighting, informational signage, and metering or pay facilities if included. (e) No heliport shall be located within 1500 feet of an existing or proposed residential zone. Subd. 10. HoteliMotel (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) (Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway; (c) Restaurant and convention / conference facilities shall be allowed as an accessory use, but shall be integrated to and within the principal hotel or motel building and shall occupy no more than 50 percent of the floor area of the building. Subd. 11. Indoor Recreational Uses (a) Entrances for public access, aswell as other outdoor areas where patrons may congregate, shall be no less than 200 feet from residential districts. (b) Provisions for noise reduction shall be identified based on the type of use proposed. Subd.12. 'Motor Fuel Stations (a) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway. (b) Fuel pumps and structures shall be no less than 200 feet from residential zoning districts. (c) No ingress or egress to the site shall be provided within 60 feet of the projected curb lines of intersecting streets. (d) Fuel pumps shall be installed at least 12 feet from required yard setbacks. (e) Stacking shall be provided at each fuel pump island which does not interfere with vehicle or pedestrian circulation. (f) Site drainage and stormwater facilities shall be designed to limit the potential impact of fuel spills and other hazardous materials. Page 18 of 21 Comment [d18]: New requirements, similar to requirement in residential districts Comment [d19]: Current BP code requires "primary access" off an arterial or collector roadway. Removed a regulation which read: "Shall not be located on or with major access on a street having an existing or proposed residential zone within 1500 feet of the hospital nor within 1500 feet of the access" Comment [d20]: Removed a regulation that "No direct lighting and no signage shall be visible from an existing or proposed residential zone." Comment [4:121]: Current BP code is 1000 feet 1 Comment [d22]: Current BP code requires access off of arterial or collector 1 (g) Any protective canopy shall meet the required yard setbacks of the district, but in no case shall be located closer than 20 feet from a property line. The canopy structure shall be constructed using materials and architectural design which are compatible with the principal structure. Canopy lighting shall be recessed or fully shielded and shall meet the outdoor lighting requirements of this ordinance. (h) No sales, rental, repair, or maintenance of motor vehicles or trailers shall be permitted unless these uses are part of the conditional use permit approval and meet the requirements set forth herein for the specific use. (i) Additional screening may be required to limit the impact of headlights on adjacent property. Subd. 13. Outdoor dining and/or drinking areas (a) The outdoor space shall be at least 200 feet from any residential zoning district. (b) The area shall be directly adjacent to the principal structure, and be clearly delineated by fencing or decorative landscaping. (c) The area shall not interfere with fire safety access to the building. (d) Outdoor speakers and lighting shall be designed to limit impacts on adjacent property or right-of-way. (e) Pervious surfacing is encouraged, and if utilized, these areas shall not be considered as an impervious surface. Subd. 14. Outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use (a) The display area shall be directly adjacent to a structure or under a permanent canopy. (b) The display area shall not exceed two percent of the area of the footprint of the principal building or 400 square feet, whichever is less. (c) Goods in the display area shall be organized and neatly stored. (d) The display area shall not occupy parking/loading or landscaping areas, and shall not interfere with fire safety access to the building. Subd. 15. Outdoor Storage (a) Outside storage shall not be permitted on parcels less than 3 acres in size. (b) The area of storage shall not exceed an area equal to 10 percent of the gross area of the lot or 20 percent of the footprint area of the principal structure, whichever is less. (c) The area of storage shall not be located within the front yard or a side yard adjacent to a right-of-way. (d) The area of outside storage shall be set back a minimum of 50 feet from all property lines, and a minimum of 100 feet from a residential zoning district (e) The area of storage shall be surfaced with a material approved by the city, and may not be gravel. (f) The area of storage shall be fully screened from neighboring properties and from the right-of-way. If a fence is used for screening, additional landscaping shall be required adjacent to the area of storage, which shall not be counted towards the landscaping requirements of the site. Similarly, if natural screening is utilized, these plantings shall not be counted towards landscaping requirements. Page 19 of 21 Subd.16. Parking Structures (a) The parking structure shall not exceed the height of the principal structure on the parcel. (b) The parking structure shall abide by the exterior building material requirements of the district and be consistent with the architectural design of the principal structure. (c) The parking structure shall not extend into required yard setbacks in the same way allowed for surface parking. (d) Additional landscaping and screening requirements may be required by to reduce the visibility of the parking structure. Subd. 17. Physical Fitness Clubs and Dance Studios which are greater than 20,000 square feet in floor area or include outdoor activity areas (a) Shall not be located within 200 feett of a residential zoning district. (b) 1Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway; (c) Conditions shall be required related to the outdoor area to minimize the impact of noise and lighting, and also to minimize the likelihood of the activity spilling over onto adjacent property or right-of-ways. These conditions may include, but are not limited to: limiting hours of use, restricting the location of the court, and requiring fencing or screening. (d) Outdoor activity areas shall not be located in the front yard or a side yard adjacent to a right-of-way, and shall abide by structure setback requirements. Subd. 18. Pawn Shops (e) Shall not be located within 200 feet of a residential zoning district. (f) Shall abide by relevant licensing requirements. ` �4 Subd. 19. Retail and Service uses related to animals (ai (a) Shall not be located within 200 feet of a residential zoning : strict. (b) Animals may not be kenneled outside. However, an ou `. or area not to exceed 2,000 square feet may be utilized by the animals. The o i oor area must be well PI 9► maintained and animal waste must be picked u. he City may apply necessary �' _� Fi, conditions to limit the impact of the outdoor area on neighboring properties, 0 D including but not limited to: fencing and screening, hours of use, number of R... animals permitted outdoors at one time oth r factors. I . \ (c) An indolar exercise hall be re uire uare feet of outdoor area is n sufficient for the planned use according to re onsible animal care guidelines. e site and building plans shall be designed in a way to,reduce noise and odors. This shall include floor plan layout, ventilation plans, and 'v.i‘ndow and door locations. (e) Floor and wall building materials in areas frequented by ani als shall be non -porous. (f) The site plan shall identify provisions for proper storage andidisposal of hazardous materials, medical waste, deceased animals, and animalvaste. Page 20 of 21 Comment [d23]: 500 feet required in existing BP code Comment [d24]: Current BP code requires access off of arterial or collector Comment [d25]: Alternative: do not allow any outdoor area Subd. 20. Telecommunication Towers. Shall meet the requirements of Section 828.75 of the Medina City Code. Subd. 21. Temporary Outdoor Sales Events (a) Sales events shall not be conducted on a property for more than 50 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. SECTION V. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2009. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this day of , 2009. Page 21 of 21 ATTACHMENT 2 - 2010-2030 Comp Plan Future Land Use Map City of Medina Future Land Use Plan Legend Guide Plan Rural Residential gig Agriculture Developing -Post 2030 Low Density Res 2.0 - 3.49 U/A Medium Density Res 3.5 - 6.99 U/A fin High Density Res 7 - 30 U/A ,- Mixed Use 3.5 - 6.99 U/A ai Mixed Use - Business 7 - 45 U/A En Commercial - General Business Industrial Business MI Private Recreation (PREC) mg Parks and Recreation 111111 P-R - State or Regional -� Open Space MI Public Semi -Public 0 U/A W/ Closed Sanitary Landfill Right -of -Way 'This map is not perfectly precise. Actual boundaries may vary, and should be field verified. Map Date: April 30, 2009 Parcel data current as of October 2006 UTM, Zone 15N, NAD 83 Scale: 1:30,000 0 DRAFT Miles 0 0.25 0.5 1 ZONING MAP !ATTACHMENT 3: Current Zoning Map Legend Reads_2006 Medina_Lakes Parcels <all other vames> ZONING AG BP IP Es MR PS PUD (�/) PUD RR-2 PUD-SFR ® PUD-UC PUD1 itiZt PUD2 " RAIL - RCH rai RR an RR-UR RR1 SL SR UC ® UH UR OS UPDATED: MAY 15, 2006 Summary of Business Regulations in Other Cities City Districtr Lot Size (acres). lot Width Ploor Area Ratio Front Setback Rear Setback Side Setback, Residential Setback Parking Setback (front) Parking setback (side) Impervious Surfaces Land- soaping ' Max • Building Coverage Outside Storage Acceptable Buiiding Materials -Building Height Medina BP - Business Park 5 or 2.5 200 40 30 30 50 25 20 70% 1 tree/50 feet perim. None allowed At least 30% brick, stone, glass or stucco; Up to 70% decorative concrete 35 B - Business 3 or 2 200 40 30 30 50 25 20 75% 1 tree/50 feet perim. CUP, 20 % building Same as BP 45 Apple Valley GB - General Business 0.34 100 30 15 15 30 15 5 2.5 % project cost 25 % 100 % non-combustible, non -degradable, maintenance free construction materials (but not sheet/corrugated aluminum, iron, or concrete block) 35 GB1 - General Business -1 0.92 ' 200 30 15 15 100 15 5 Same as GB 35% 45 BP - Business Park 1.84 300 30 20 10 80 20 20 same as GB 45 % uur, paved, tully screened 40 Maple Grove Business 1 30 10 10 100 70% _ 25 % Sales: Meet setbacks, paved, screened and Brick, stone, or glass, decorative material approved by Council (decorative masonry or other) freeway frontage (PUD) 5 50 100 30 75% 30% Brick, stone, glass - Orono B-1 - Retail Sales 0.46 20 30 20 15 15 % Face brick, natural stone, precast concrete units if surfaces have been integrally treated with an applied decorateive material or texture, Factory fabricated and finished metre] framed panel construction (if panel materials are listed above) 30 B-4 - Office and Professional 0.46 35 35 15 35 20 30 15% Same as B-1 Burnsville B-1 - Office Business 0.46 30 30 10 30 30 5 70% 30% of property Face brick, stone, galss, stucco, synthetic stucco, fiber cement vertical panel siding, architertural concrete, precast panels, color impregnated decorative block. B-3 - General Business 0.46 30 30 10 30 10 5 75% 25 % CUP Same as B-1 Rockford C-1 - Commercial Service 0.5 100 35 25 15 40 15 35% Meet setbacks, screened and buffered Solid wall masonry, pre -cast concrete, aggregate panels, wood frame masonry veneer (excluding stucco). 35 (,-.i - Highway Commercial 1 150 35 25 15 40 15 35% sales: b"/o rot; storage=same as C-1 Same as C-1 35 Plymouth O - Office 1 200 50 15 15 75 20 20 1 tree/50 feet of site perimeter or 50% Brick, natural stone, integral colored split face (rock face) concrete block, cast -in -place concrete, pre -cast concrete panels, wood, curtain wall panels (steel, fibergalss, aluminum, glass), stucco, vinyl B-C - Business Campus 1 100 50 15 15 75 20 20 Jame as O 35% Same as 0 Wayzata C-1 A -Neighborhood Office/Limited 0.21 2 10 10 10 10 10 50% Brick, natural stone, decorative concrete block, cast -in -place concete or precast panels, wood, curtain wall panels (steel, fibergalss, aluminum, glass), stucco, vinyl C-2 - Shopping Center 0.46 1 20 20 50 10 10 _ 20% of property CUP, paved, screened Same as C-1A C-3 - Service District 0.34 1 10 10 20 50 10 10 20 % 50% Same as C-2 Same as C-1 A Blaine B-4 - Office Park 1 50 20 20 100 30 10 1 shrub / 3e ft 40 % None allowed Masonry construction or equivalent; fronts=face back, stone, modern metal paneling, glass, wood; other walls = common brick 36 b-6 - Begone] Commercial 1 50 20 20 100 30 10 Same as B-1 40 % bu (taller by CUP) Minnetonka B-1-Office'Business None None 1 35 20 20 50 85% B-2 - Limited Business None None 0.8 50 35 35 35 85% 35 B-3 - General Business None None 1.5 50 20 20 50 85 Woodbury B-1 - Office Park 1.5 160 50 30 20 20 10 _ 30% of property 20 % None allowed >65 % brick, stone, glass; <35% textured concrete, rock -faced block 60 B-2 - General Business 1.5 150 50 35 20 20 10 30% 25% Same as B-1 45 f U-4 - freeway Commercial 1.5 150 - 35 35 30 50 20 10 30% 30% Same as B-1 40 Lino Lakes GB - General Business 0.46 100 30 30 10 35 15 10 75% bel ieral Req. e Brick, stone, stucco, EFTS, decorative concrete, glass, decorative metal 45 Andover GB - General Business 0.55 100 40 40 10 40 10 1 tree/50 feet perim. 30% CUP No metal, common concrete blocks, or similar 45 Model Ordinance Sustainable Development 0.46 66 0.3 (min) 20 20 10 8 5 Brick, stone, textured stone, textured masonry 50 ATTACHMENT 5 - Applicant's proposed amendments to Business Park District CITY OF MEDINA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE BUSINESS PARK DISTRICT; AMENDING SECTIONS 832.03, 832.04, 832.05, 832.07, AND 832.09. THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: SECTION I. Section 832.01 of the Medina code of ordinances is amended to add the underlined language and delete the struck thDaugh language as follows. Section 832.03 Conditional Uses. Within the Business Park District, no structure or land shall be used for the following uses except by conditional use permit: (15) Convention, Exhibit and Conference Halls (16) Institutional Uses. including churches and schools Section 832.04 Accessory Uses. Within the Business Park District the following accessory uses shall be allowed. (12) Retail sale of products provided the floor area for retail sales does not exceed 25 percent of the gross floor area 2,000 squ—Ft. or exceed 5°% of -the -gross floors}: -a in the buildi-H-g, whichever is less (13) Parking Ramps provided the parking structure does not exceed the heiuht of the principal structure and serves only the tenants on site. The structure shall be screened. from any adjacent residential. use. with yeoetation. proper .building lay_out or some combination thereof that reduces the visibilit of the parking structure. (14) Residential ces ace ccnry only_ to air lnstitutional Uce, and only to e permitted through a PUD process with the intent of providing senior or religious based housings Section 832.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1) Subd. 6. Minimum Side Yard Setback: 50 feet.- 10 feet, with a 75-percent opaque vegetative or fence screen. otherwise 20 feet. Subd. 7. Minimum Rear Yard Setback:.5-4-feet: 2 vegetative or fence screen, otherwise 30 feet. Ordinance No. XXX June 19, 2009 Subd. 8. Setback from Residential: The minimum setback from lot lines abutting residential zones is 400 feet.50 feet. When commercial and residential zones are separated by a road right of way, the setback shall be 100 50 ft from the commercial property line. A 75-percent opaque vegetativ or fence screen shall be required on all property lines abutting a re. i I enfa use. Section 832.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of property shall conform to. the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. 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. (o) Impervious Coverage — The maximum impervious percent, and shall `he subject to pal • Best l�I� order to mitigatee any potential environmental issues. Management Practices Al authored by the Met st�a.apr'at e BMPs io inset the reauiz ements of t manual can be obtained from the Cite Planner. Table 832.07.01 identifies the number of Best Management Practices and ssociated Impervious Coverage Maximum_percentages. No impervious surface is allowed in required setback areas except approved driveway, parking and approved walks and trails. An approved soft trail (one comprised of wood chips, ag lime, or crushed rock) will not be counted as impervious. (See Figure 1.) coverage shall not exceed 50 85 onaQement Practices �BMPI in The City has adopted the Best onoljtan Council, as aujde to s uzance ( opies of the Table 832.07.01 Number of Best Management Practices Employed Impervious Coverage Maximum Percent 0 50% 2 70% 4 85% (s) Loading Docks — Loading docks shall not be located within .300 100 feet of a residential or residential planned unit development zone. Loading docks located within 300100 afid-7-?0 feet of a residential zone or residential planned unit development shall be screened to the fullest extent possible. Measurements shall be from the lot line of the Business Park property. (u) Architectural Standards — (ii) Building Materials — All exterior building materials shall be durable and non-combustible (except for wood used as an allowed accent material), consisting Ordinance No. 458 2 March 17, 2009 of one of more of the following: At least 30 percent shall be brick, natural stone, granite, stucco (but not — Exterior Insulation and Finish System (EIFS)), copper or glass. Up to 20 percent may be wood, anodized aluminum or similar metals which may be used as an accent material if appropriately integrated into the overall building design and in the case of wood, not subject to damage caused by heavy use or exposure. When requested, samples of the external materials shall be submitted to the City. Decorative concrete and decorative pre -cast concrete panels may be allowed provided the total of such material does not make up more than 70 percent of the exterior material. Decorative concrete means concrete which: 1) is burnished creating a terrazzo appearance, 2) professionally colored and patterned to create a high quality earth tone brick appearance, 3) professionally colored and patterned to create a high quality white or earth tone stucco appearance (but not EIFS), 4) professional colored and patterned to create a high quality travertine appearance. Up to 20 percent of th_e non -principal facade shall be permitted to uce FIF as a exterior material• therimary fapde shall contain no more than 5% EIFS and shall only to be used in_ association with the signago area or as an accent material. Subd. 3. Design and Development Standards — Conditional Uses. (n) Manufacturing and assembly of light industrial products - (1) No building shall be located within 580 50 feet of an existing or proposed residential zone. All such facilities shall be required to use a 75-percent opaque screen either ve6etatiye or fencing. All materials shall be stored inside and may not be visible to adjacent residential users. Loading, docks and drive isles shall be located to minimize potential Blare from trucks and cars exitin the facilit 7. Ordinance No. 458 March 17, 2009 SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2009. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this day of 2009. Ordinance No. 458 March 17, 2009 City of Medina 2052 County Road 24 Medina, MN 55340 Attn: Dusty Finke, Associate Planner through Chad Adams, City Administrator RE: Business Park Zoning District Text Amendment Application Dear Mr. Finke, pule On behalf of the owners of the Medina Willow Business Park properties (04-118-23-43-0003 & 04-118-23-44-0001), please accept this land use application for a Zoning Text Amendment to the Business Park Zoning District, Section 832 of the Medina City Code. The reasoning for the application relates the timing of the official control updates for the 2030 Comprehensive Plan. Upon speaking with the City a few weeks ago where we were made aware that the list of ordinance updates was extensive and that the General Business zoning district was near the bottom of the list. This is a concern of the owners as the zoning district code requirements have been a key deterrent in developing the site. With the application, we hope to work with staff, Planning Commission and City Council on the amended language. In order to expedite the process and save on staff, we have prepared some planning analysis, copies of five comparable zoning districts and suggested amendments by section. The City's of Minnetonka, Burnsville, St. Louis Park, Plymouth and Eagan were focused on for this effort because the ordinance language was fair and the communities were similar to Medina in terms of the high standards for development and innovative practices. We truly look forward to a collaborative planning process that uses the amendments provided as a way to get the conversation started. Our optimal outcome would be the creation of a zoning district that allows for adequate space on a property to develop modem office business campuses and light industrial projects while maintaining the high quality site and building standards for which Medina is known for. We further hope to discuss as a part of the process incentivizing best management practices through the use of flexibly zoning that doesn't require applying for a PUD, as well as economic development policies for projects that require significant engineering and infrastructure improvements if possible. This submittal contains a map illustrating all property owners who are currently zoned Business Park or will be as a result of rezoning per the 2030 Comp Plan update, as well as the five comparable zoning districts and a corresponding spreadsheet that focuses on the particular zoning components that we believe are the most important to review for amendments. Please let me know if there is any additional information that you believe would be helpful in your research and analysis such as example colored site plans or pictures of particular developments. If you have any questions, feel free to contact me at 952-457-7641 or dorsuncapulselandgroup.com Sincerely, Rose Lorsung Pulse Land Group Inc. Analysis of Section 832: Business Park Zoning District All Code Sections are in Black underlined and all recommended changes are in Red underlined, other statements and support information is in Black italicized. Applicant General Statement: The City has become progressive in embracing best management practices in site engineering and building architecture as it relates to environmental practices and we feel that this zoning district could be amended in general to reflect those principles. Through the use of best management practices and careful site planning, the City could achieve improvements to existing water and plant quality through the use of flexible zoning practices like impervious surface requirements. Technology has changed since the last zoning district was created and many communities are allowing a better use (reduced setbacks, increased impervious) of the site if the developer/owner implements best management practices were appropriate. Page 1 of 24 Section 832.01. Purpose. This purpose statement could highlight the policies we described above, similar to those recently created in the new Medina Commercial zoning districts with additional elements such as... Promote modern office and light industrial campus environments to ensure continued economic vitality for the City Strengthen and diversify the local economy with a focus on attracting new and emerging high technology and research and development industries Allow increased density where utility and transportation infrastructure already exist to better accommodate future growth Provide for institutional uses and the their accessory uses that may be located in office districts appro_priately Provide for the coordination of development plans which plan for adjacent commercial and mixed -use districts. which incorporate transportation, open space, trails/sidewalks, businesses, housing and shopping and for the conducting of business and related activities Assist in providing state of the art campuses that promote best management practices in site and engineering design through the use of flexibility in zoning standards Section 832.03. Conditional Uses Suggest adding... Convention/Exhibition Halls Institutional Page 2 of 24 Section 832.04. Accessory Uses. Suggest adding... Parking Ramps (8) Warehouse, provided it does note occupy more than 30% of the floor area. (12) Retail sale of products provided the floor area for retail sales does not exceed 2,000 sq. ft. or exceed 5% of the dross floor area in the building, whichever is less. The applicant suggests that since these are Conditional Uses, that the number be flexible or decided upon review of the application or at the very least increased to accommodate for a variety of users. Modem office campus developments of several thousand sq. ft. integrate retail to serve the large number of employees and this space should be flexible to fit the user depending on the type of business but certainly capped upon CUP resolution. Page 3 of 24 Suggest adding in Uses Section... A Section allowing accessory residential uses for Institutional users regulated by PUD. This could be solely for the purpose of senior, 55+ and religious housing which are typical of an institutional use. Section 832.05. Lot, Setback and Building Size Requirements. Suggest amending... Subd. 6. Minimum Side Yard Setback: 50 feet Most communities allow for 10-15 feet with landscaping provisions. Subd. 7. Minimum Rear Yard Setback: 50 feet Most communities allow for 20-30 feet with landscaping provisions. Subd. 8. Setback from Residential: The minimum setback from lot lines abutting residential zones is 100 feet. When commercial and residential zones are separated by a road right of way, the setback shall be 100 feet from the commercial property line. ,4e,e around 50 feet with landscaping and other provisions. Page 5 of 24 Subd. 13. Building Height: No building shall exceed 30 feet unless the building has a sprinkler system, in which case the height shall not exceed 35 feet. The applicant suggests revisiting this issue with the fire chief to see if the building could be taller under certain circumstances, perhaps done by CUP similar to that of other communities. Page 6 of 24 Section 832.07. Design and Development Standards. Subd. 1. (f) and (q): This section discusses the design and engineering standards as it relates to grading and drainage. if the City chooses to adopt a best management theme to the zoning district, this language should be amended to discuss those policies and the built-in flexibilities that are allowed through the incorporation of these policies. The ordinance may also want to address sites that have significant slope and natural features. Page 8 of 24 Subd. 1. (o): Impervious Coverage: The maximum impervious coverage shall not exceed 50%. The applicant believes this is the main issue of the zoning district and the reason why there has only been PUD developments since the adoption of the district. Upon review of other communities and incorporation of the best management policies, the applicant believes that a fair allowance is up to 85% if an applicant provides for a certain number of the best management practices that can be laid out in the ordinance in this section. Subd. 1(r): Landscaped Berms (ii): Where required (a): A landscaped berm shall be constructed when any use (permitted use, conditional use, or accessory use) is made of a property located within 720 feet of a residential zone This policy refers to the residential setbacks in general that the applicant would like to address. This section should build upon the amendments of 832.05 Subd. 8. Page 10-11 of 24 Subd. 1. (s): Loading Docks:...Loading docks shall not be located within 300 feet of a residential or residential planned unit development zone. Loading docks located within 300 feet and 720 feet or a residential zone or residential planned unit development shall be screened to the fullest extent possible....The applicant believes this requirement to the second highest issue of the zoning district. The issue of proximity to residential can be handled as a part of the site plan process. The loading docks can be situated to be internal to the development, not facing. any residential area. The docks can further be screened from view and since this is a CUP situation the timing of all shipments can be restricted in such a way that they don't interfere with the enjoyment of any residential neighbor. In all other communities researched, a setback of this nature was not included in the district, but handled through site planning. There are many examples of Office/Light Industrial developments that are adjacent to residential that work very well, especially when you limit the delivery times and hours of operation. Subd. 1. (u) (ii) Building Materials: The applicant would like to entertain the use of Exterior Insulation and Finish System (EFIS) product in building exteriors when used in moderation. The buildings in a large office/light industrial campus have significant facade square footage and when used in moderation with other materials, EFIS should be allowed as a percentage of materials used. Page 13 of 24 Subd. 1. (w) Surfacing: This is another Section that should be amended to discuss best management practices. Subd. 1. (aa) Outside Storage: No outside storage shall be permitted. The applicant believes this is the third and final main issue with the zoning district. Outside storage was conditionally or simply allowed with certain provisions in all other districts that were researched. Again, a light industrial user is a CUP user and this could be addressed with conditions and site planning to screen from view. Page 16 of 24 Subd. 3. Design and Development Standards —Conditional Use: Convention/Exhibition Halls and Institutional uses Page 19 of 24 Subd. 3. (n) Manufacturing and Assembly of Light Industrial Products: (1) No building shall be located within 500 feet of an existing or proposed residential zone. This should be amended per the discussion related to ail uses near or adjacent to residential uses, there are several sections. Page 22 of 24 Subd. 4. Design and Development Standards —Accessory Use: f h) Warehouse provided it does not occupy more than 30% of the floor area. This should be amended as a result of the discussion of 832.04 (8). Page 23 of 24 Suggestion of adding to Subd. 4. (m) Parking Ramps and the stipulations, see St. Louis Park attached, they have great standards outlined. Suggestion of adding a Subd. 5. Design and Development Standards —Planned Unit Development: This pertains to the accessory residential use for a Conditional Institutional user. Page 24 of 24 Section 832.09. Review and Approval Process. Subd. 2. Site Plan Review Procedure: This Section could be strengthened to enforce the collaborative site planning process that reinforces the purpose statement allowing for flexibility, efficient use of a site, best management policies etc. CITY: ZONING MEDINA: GENERAL BUSINESS MINNETONKA: GENERAL BUSINESS BURNSVILLE: GENERAL BUSINESS ST LOUIS PARK: OFFICE DISTRICT PLYMOUTH: BUSINESS CAMPUS EAGAN: GENERAL BUSINESS PERMITTED USES OFFICE OFFICE OFFICE, SHOWROOM OFFICE, RETAIL, HOSPITALITY OFFICE, SHOWROOM OFFICE CONDITIONAL USES MANUFACTURING OUTSIDE STORAGE, WAREHOUSE NO> 50% FA WAREHOUSE, OUTSIDE STORAGE BUSINESS PARK OFFICES MAUFACTURING, WAREHOUSE, ADDN BUILDING HEIGHT OUTDOOR STORAGE ACCESSORY USES IND NO > 20% FA, WAREHOUSE NO > 30% FA WAREHOUSE NO > 30% FA, PARKING RAMPS N/A PARKING RAMPS PARKING RAMPS PARKING RAMPS RES SETBACK FOR LOADING DOCK 300 FT NONE NONE NONE NONE NONE RES SETBACK GENERAL 100 FT 50 FT LDR 30 FT 40 FT 75 FT NONE RES SETBACK LIGHT MANUFACTURING 500 FT NONE NONE NONE NONE NONE FRONT SETBACK 50 FT 50 FT 30 FT 20 FT 50 FT 30 FT SIDE SETBACK 50 FT UP TO 100 FT 10 FT 15 FT 15 FT 10 FT REAR SETBACK 50 FT UP TO 100 FT 30 FT 15 FT 15 FT 20 FT MINIMUM LOT SIZE 5 AC NONE 20,000 SF 15,000 SF 1 AC 2 AC IMPERVIOUS 50% 85% NONE NONE 35% FOR BUILDINGS 70% BUILDING HEIGHT 35 FT REGULATED BY FA RATIOS AND SETBACKS > 35 FT BY CUP 240 FT 45 FT 35 FT OUTSIDE STORAGE NOT PERMITTED CONDITIONAL USE PERMITTED PERMITTED NOT PERMITTED PERMITTED Within the B-1 district no structure or land shall be used for the following except by conditional use permit and except in conformance with the standards specified in section 300.21 of this ordinance: a) business service uses normally associated with office developments and containing limited retail activity; b) residential dwelling units; c) restaurants and cafeterias incorporated within a principal structure and oriented predominantly towards serving the needs of employees of the surrounding area but excluding chive -up and exterior walk-up facilities; d) storage, assembly or servicing incidental to the principal use; e) hospitals and medical clinics; f) minor manufacturing or assembly incidental to the principal use; g) heliports; h) hotels and motels; i) financial institutions, with or without drive -up facilities; j) k) cemeteries; 1) marinas; licensed day care facilities; m) public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment; n) telecommunication facilities as defined in Section 300.34; o) utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act; or p) other uses similar to those permitted by this section, as determined by the city. None of the uses permitted by conditional use permit shall occupy more than 25 percent of the gross floor area of the building or of several buildings developed under a unified site plan. 5. District Standards. MINNETONKA SECTION 300.17. B-1 OFFICE BUSINESS DISTRICT. 1. Purpose. The purpose of the B-1 district is to provide a district for office and accessory service uses but which excludes general retail and service uses. Retail sales shall be prohibited except for uses established primarily in support of the principal office use. Exterior display of merchandise shall be prohibited, The B-1 district is intended for those areas of the city identified for office development by the comprehensive plan or for transitional areas between residential and more intense uses. 2. Permitted Uses. Within the B-1 district no structure or land shall be used except for one or more of the following uses; a) administrative, executive, professional or other offices; or b) cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan has been approved by the director; overhead utility poles and lines for a distribution line up to a maximum height of 60 feet as measured from the ground upon which it is located, except that utility poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when needed to cross a major roadway such as a freeway. 3. Accessory Uses. Within the B-I district the following shall be permitted provided they are subordinate to and associated with a permitted use: a) receive -only satellite dish antennas and other antenna devices up to a maximum height of 60 feet as measured from the ground upon which it is located subject to the requirements found in section 300.28, subd. 13; and radio devices no larger than one cubic foot in size that are attached to utility poles, if there is no more than one per pole; b) evergreen material sates if in compliance with the standards specified in section 300.15, subd. 13, and the director of planning has given approval; and c) other uses customarily associated with but subordinate to a permitted use, as determined by the city. 4. Conditional Uses. d) All developments shall comply with the city's water resources management plan. e) Signs shall be regulated pursuant to sections 300.30 et seq. of the code of city ordinances. (Amended by Ord. #2002-04, adopted February 11, 2002; amended by Ord. #2002-03, adopted January 7, 2002; amended by Ord. #2000-19, adopted October 16, 2000) SECTION 300.19. B-3 GENERAL BUSINESS DISTRICT. 1. Purpose. The purpose of the B-3 district is to provide a district for general commercial development in areas so designated in the comprehensive plan and which are removed from residential areas. The intensity of development permitted in this district shall be determined by the city's assessment of the quality of the site and building plan and upon the ability to mitigate off -site impacts. 2. Permitted Uses. Within the B-3 district no structure or land shall be used except for one or more of the following uses: a) retail, business, office or service uses occurring within an enclosed building, except as provided for in subdivision 4; or b) cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan has been approved by the director; overhead utility poles and lines for a distribution line up to a maximum height of 60 feet as measured from the ground upon which it is located, except that utility poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when needed to cross a major roadway such as a freeway. 3. Accessory Uses. Within the B-3 district the following uses shall be permitted provided they are subordinate to and associated with a permitted use: a) storage, assembly or servicing related to a permitted use and occupying no more than 25 percent of the gross floor area of the principal structure; b) receive -only satellite dish antennas and other antenna devices up to a maximum height of 60 feet as measured from the ground upon which it is located subject to the requirements found No building or land in the B-1 district shall be used except in conformance with the following: a) building height: buildings located within 200 feet of any residential district shall be limited to four stories or 45 feet, whichever is less. The height of all other buildings shall be regulated by setback and floor area requirements; b) front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood collector streets as identified in the comprehensive plan; or a minimum of 50 feet from railroad lines and from the right-of-way of major collector or arterial roadways as identified in the comprehensive plan; or the height of the building, whichever is greater. The most restrictive of the above shall apply up to a maximum of 100 feet; c) side and tear yard setbacks: side and rear yard setbacks shall comply with the following formula: setback = (1.5 times building height) -10 feet up to a maximum setback of 100 feet but in no case shall the setbacks be less than the following when measured from land designated accordingly in the comprehensive plan: 1) 50 feet from low density residential; 2) 40 feet from medium and high density residential; and 3) 20 feet from commercial, office, industrial, institutional and public park. d) floor area ratio: maximum of 1.0; e) lot coverage: maximum lot coverage shall be 85 percent and shall be calculated to include building footprints; parking areas; driveways; loading, storage and trash areas and other areas covered by any impervious surface; f) access: by permit from a public body with principal access from a collector or arterial roadway as designated in the comprehensive plan or a street specifically designed to accommodate commercial traffic; and g) trash enclosures or accessory buildings not to exceed 600 square feet in size shall be located behind the front building line of the principal building. Setbacks shall be equal to the parking setback as specified in section 300.28, subd. 12(b)(4). 6. Additional Requirements. a) All developments shall be subject to site and building plan review pursuant to section 300.27 of this ordinance. b) All developments shall comply with the wetlands, floodplain and shoreland regulations contained in sections 300.23, 300.24 and 300.25 of this ordinance. c) Parking shall be regulated pursuant to section 300.28 of this ordinance. j) licensed day care facilities; k) hospitals and medical clinics; 1) cemeteries; m) marinas; n) public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment; o) P) 9) r) transient sales; telecommunication facilities as defined in Section 300.34; nursery (plant materials) outdoor sales and display; accessory sidewalk cafes and outdoor eating areas; s) sidewalk sales exceeding allowable standards described for accessory uses and promotional camivals; t) utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding upon the ground, and all transmission lines which are not subject to state review under the Minnesota power plant siting act; u) residential dwelling units; or v) other uses similar to those permitted in this section, as detennined by the city. 5. District Standards. No building or land in the B-3 district shall be used except in conformance with the following: a) building height: building height to be regulated by setbacks and floor area ratio requirements; b) front yard setback: minimum of 50 feet; c) side and rear yard setback: side and rear yard setbacks shall comply with the following formula: setback = (1.5 times building height) -10 feet up to a maximum of 100 feet but in no case shall the setbacks be less than the following when measured from land designated accordingly in the comprehensive plan: 1) 50 feet from low density residential; in section 300.28, subd. 13; and radio devices no larger than one cubic foot in size that are attached to utility poles, if there is no more than one per pole; c) sidewalk sales may be authorized by the director of planning, at his or her discretion, up to three times per calendar year so long as they will be held on sidewalks located adjacent to the principal structure, will not block pedestrian or handicapped access, will not block any required parking or drive aisle, will not be located in any required setback area, will be limited to a maximum duration of two days, will use signage no larger than 4 feet by 4 feet per sign at the sale location with all other signs at the location in compliance with city ordinances and will restore and clean up the site to its prior condition upon completion of the sale. If a permitted sale does not comply with these standards, the director of planning may require that it be immediately removed. Decisions of the director of planting may be appealed to the planning commission. Cash bonds may be required if deemed necessary based upon the proposal or prior actions concerning the site; d) evergreen material sales if in compliance with the standards specified in section 300.15, subd: 13 and the director of planning has given approval; and e) other uses customarily associated with but subordinate to a permitted use, as determined by the city. 4. Conditional Uses. Within the B-3 district no structure or land shall be used for the following except by conditional use permit and in conformance with the standards specified in section 300.21 of this ordinance: a) outside storage, display, sales or servicing; b) service stations and other automobile related uses having service bays except auto body repair and painting; c) non -service station retail facilities having gasoline pumps; d) uses having a drive -up window; e) storage, assembly or servicing related to a permitted use and occupying between 25 and 50 percent of the gross floor area of the principal structure; f) fast food restaurants with or without drive -up facilities, except those located in community or regional shopping centers; g) automobile, truck, trailer or boat sales or rental h) theaters; i) restaurants having on -sale intoxicating liquor or dance hall licenses; 2) 40 feet from medium and high density residential; and 3) 20 feet from commercial, office, industrial, institutional and public park. d) floor area ratio: maximum of 1.5; e) lot coverage: maximum lot coverage shall be 85 percent and shall be calculated to include building footprints; parking areas; driveways; loading, storage and trash areas and other areas covered by any impervious surface; i) access: by permit from a public body with principal access from a collector or arterial roadway as designated in the comprehensive plan or a street specifically designed to accommodate commercial traffic; and g) trash enclosures or accessory buildings not to exceed 600 square feet in size shall be located behind the front building line of the principal building. Setbacks shall be equal to the parking setback as specified in section 300.28, subd 12(6)(4). 6. Additional Requirements. a) All developments shall be subject to site and building plan review pursuant to section 300.27 of this ordinance. b) All developments shall comply with the wetlands, floodplain and shoreland regulations contained in sections 300.23, 300.24 or 300.25 of this ordinance. c) Parking shall be regulated pursuant to section 300.28 of this ordinance. d) All developments shall comply with the city's water resources management plan. e) Signs shall be regulated pursuant to sections 300.30 et seq. of the code of city ordinances. (Amended by Ord. #2002-03, adopted January 7; 2002; amended by Ord. #2000-19, adopted October 16, 2000) S/%I) I�Z' Garden supply store, provided it is conducted entirely within a building. Interior decorating studio. Laundry service. Motels, motor hotels and hotels. Newspaper and publishing office. Office and wholesale showroom. Optical and jewelry manufacturing. Pawnshop, licensed under title 3, chapter 24 of this code; provided, that any such use shall not be located closer than one mile to any other such use, measured at the property lines, and that such use shall not be open to the public between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M. Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside the building or the creation of an offensive odor or noise. Photographic supplies and processing of film and prints. Picture framing. Printing shop. Radio and television repair. Seat cover, upholstery and drapery shop. Sexually oriented business - accessory. Sexually oriented business - principal. (Ord. 244, 11-15-1982; amd. Ord. 328, 9-19- 1988; Ord. 542, 9-19-1994; Ord. 589, 10-16-1995; Ord. 932, 7-6-2004: Ord. 1132, 8-19- 2008) 10-22-3: PERMITTED ACCESSORY USES: Within any B-3 district, the following uses shall be permitted accessory uses: (Ord. 1132, 8-19-2008) Any accessory use permitted in B-1 and B-2 districts. City of Burnsville Chapter 22 B-3 GENERAL BUSINESS DISTRICT 10-22-1: PURPOSE AND INTENT: The purpose of the B-3 general business district is to provide an area of service facilities to the motoring public. Because of the unique character of this type of commercial activity and its great dependence upon transient trade and traffic, and because of the greater than normaf adverse effects created by the uses within this district, the location of such activities are critical and should be developed either within other commercial spheres adjacent to arterial traffic routes or as well buffered areas adjacent to major streets. This district is also intended as a business district which may be located adjacent to shopping centers or other retail business districts, thus keeping the basic retail areas compact and convenient, or in separate areas which may be located in close proximity to a major street or highway, in order that highway service types of land uses can be provided. (Ord. 1132, 8-19-2008) 10-22-2: PERMITTED USES: Within any 8-3 general business district, no structure or land shall be used except for one or more of the following uses: (Ord. 1132, 8-19-2008) Any use permitted in the B-1 and B-2 districts. Auto accessory store. Auto repair. Automobile and other vehicles of transportation sales when conducted entirely within a building. Boats and marine sales when conducted entirely within a building. Building material sales, provided it is conducted entirely within a building. Commercial greenhouse, provided it is conducted entirely within a building. Diaper laundry service. Fumiture sales. d 10-22-5: INTERIM USES: Within any B-3 general business district, no structure or land shall be used for the following uses except by interim use permit: (Ord. 1132, 8-19-2008) Interim uses permitted in the R-1 district. Farmers' markets subject to the requirements of section 10: l_ 'r of this title. Land reclamation, mining and soil processing. Recycling and reclamation of nonhazardous materials, when conducted entirely within a building. (Ord. 396, 1-22-1991; amd. Ord. 713, 5-4-1998; Ord. 1132, 8-19-2008) 10-22-6: LOT AREA, LOT WIDTH AND YARD REQUIREMENTS: The following minimum requirements shall be observed subject to additional requirements and exceptions contained in ,:ituNt5x I_ a of this title: (Ord. 1132, 8-19- 2008) Lot area 20,000 square feet Lot width 100 feet Setback - principal structure: Front yard Side yard Side yard (street) Rear yard Setback - accessory structure: Front yard Side yard Side yard (street) Rear yard Setback - parking: 30 (30)1 feet 10 (30) feet 30 (30) feet 30 (30) feet 30 (30)1 feet 10 (30) feet 30 (30) feet 30 (30) feet Incidental repair, processing, or storage necessary to conduct a permitted principal use subject to subsection ; _0:19 _1(K) of this title. Sexually oriented business - accessory. Sexually oriented business - principal. (Ord. 244, 11-15-1982; amd. Ord. 589, 10-16- 1995; Ord. 1132, 8-19-2008) 10-224: CONDITIONAL USES: Within any B-3 district, no structure or land shall be used for the following uses except by a conditional use permit: (Ord. 1132, 8-19-2008) Any conditional use allowed in B-1 and B-2 districts. Animal hospital or clinic; kennel. Armories, convention halls, sports arenas and stadiums. Bowling alleys, electronic game rooms, billiard and pool rooms, drive-in theaters, skating rinks, gymnasiums, nightclubs, and fraternal organizations. Bus terminals. Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop. Liquor stores subject to tint..: of this code. Ministorage. Nursery. Office -warehouse subject to the requirements of section 1 p-",; -i,-!, of this title. Open sales/rental lot subject to the requirements of section 10-,i !;6 of this title. Open storage lot subject to the requirements of section I,i)_.ar of this title. Stone and monument sales. Television and radio stations. (Ord. 320, 6-20-1988; amd. Ord. 404, 3-18-1991; Ord. 578, 8-7-1995; Ord. 674, 7-7-1997; Ord. 783, 2-7-2000; Ord. 851, 7-1-2002; Ord. 1132, 8-19-2008) Front 10 (30) feet Side interior 5 (30) feet Street side 10 (30) feet Rear yard 10 (30) feet Setbacks in parentheses apply adjacent to residential districts. Note: 1.30 feet or 11/2 times the building height, whichever is greater. (Ord. 932, 7-6-2004; amd. Ord. 1132, 8-19-2008) § 36-223 O OFFICE DISTRICT (8) No storage, display or parking of vehicles shall be allowed in any of the required yards or landscaped areas. (9) New structures and structures which expand the gross square footage of the structure occupied for an office use by more than 50 percent shall be required to place all utility service lines including electric, gas, water, sanitary sewer, telephone and cable underground. Any new service to an existing building shall be placed underground. (10) Access for all office uses shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (Code 1976, § 14:5-6.1; Ord. No. 2267-04, 4-12-2004; Ord. No. 2325-07, 5-7-2007) Sec. 36-223.0 office district. (a) Purpose/effect. The purposes of the O office district are to: (1) Provide opportunities for high -density office development in areas outside of commercial districts; (2) Establish and maintain in portions of the city the high standards of site planning, architecture, and landscape design sought by many business and professional enterprises; Provide adequate space to meet the needs of modem offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semipublic facilities and institutions that may be located in office districts appropriately; Minimize traffic congestion; Allow functionally related uses to be located in relatively close proximity to one another to provide efficient and optimum use of the land; Provide for the coordination of development plans with plans for transportation, open space, housing, shopping and for the conducting of business and related activities; (8) Permit Flexibility in the placement of the height of buildings, to allow the use of air rights over streets and other easements; (9) Permit joint use of parking facilities; (10) Achieve coordinated and harmonious development based on performance standards; and (11) Ensure proper provisions for open space, transit, vehicular and pedestrian accessibility to properties, and for ingress and egress to major transportation facilities and to protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. (b) Permitted uses. The following uses are permitted in the O district. (1) Parks and open spaces. (2) Police and fire stations. Supp. No. 17 (12-08) 36:176 St. Louis Park Zoning Code (3) (5) (6) (7) ARTICLE IV. ZONING DISTRICTS § 36-221 DIVISION 6. OFFICE DISTRICT REGULATIONS* Sec. 36-221. Purpose of division. The provisions of this division deal with office use of land and structures in the city. (Code 1976, § 14:5-6) See. 36-222.Office district restrictions and performance standards; general provisions., No structure or premises within any O district shall be used for one or more of the following uses unless its use complies with the following regulations: (1) (2) (3) All activities including, but not limited to, offices, sales, rentals, service, storage, merchandise display, repair and processing, except for off-street vehicular parking and off-street loading, which are conducted in an office district shalt be conducted wholly within an enclosed structure except as specifically permitted elsewhere in this chapter. Outdoor storage shall be prohibited in the O district except when specifically permitted in this chapter: Goods produced on the premises in the O district shall be sold only at retail on the premises. (4) The processes and equipment employed in the production of any goods on the premises in the O district shall meet the following requirements: a. Vibration Any vibration discernible beyond the property line to the human sense of feeling for three minutes or more duration (cumulative) in any one hour and any vibration producing a particle velocity of more than 0.035 inch per second are prohibited. b. Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosure so as not to be perceptible at the property line. c. Noise. Noise levels both inside and outside of buildings must meet federal, state and local requirements which may be amended from time to time. d. Air pollution. All emissions shall meet federal, state and local requirements which may be amended from time to time. (5) (6) (7) All delivery service entrances to a building in the O district shall be from a public alley, service alley, off-street parking lot, or all deliveries shall be made from the curb. No delivery vehicle shall be permitted to be within 15 feet of the principal entrances to the business establishment for the purpose of delivering products to that business proprietor. All trash, garbage, wastematerials, trash containers, and recycling containers shall be kept in a manner which complies with the sections regulating refuse. There shall be no vehicular access to a structure from which a business is operated which shall be within 50 feet of the intersection of the nearest curb of any public streets. *Cross references) --Businesses and licenses, ch. 8. Supp. No. 17 (12-08) 36:175 St. Louis Park Zoning Code § 36-223 O OFFICE DISTRICT (4) Libraries. This use shall be permitted only as a part of a larger development which contains at least one other principal use or as part of a PUD. (5) Medical and dental offices. The intensity classification shall not exceed 6. (6) Museums/art galleries. This use shall be permitted only as a part of a larger development which contains at least one other principal use or as part of a PUD. (7) Parks/recreation. The conditions are as follows: a. The principal structure shall be located a minimum of 50 feet from a lot in an R district. b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Swimming pools shall be located a minimum of 50 feet of any lot line and a minimum of 12 feet from any other structure on the same lot. d. A drainage system approved by the city engineer shall be installed. e. Facilities which serve a community wide or regional function shall be located with primary vehicular access on a collector or arterial street. (8) Public service structures. The conditions are as follows: a. All exterior faces of all buildings shall conform to section 36-366. b. All structures shall be located a minimum of ten feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. c. All service drives shall be paved. (9) (Repealed Ord. 2311-06, 1-27-2006) (10) Convention/exhibition halls. The conditions are as follows: a. All buildings, structures and truck maneuvering areas shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. (Ord. No. 2325-07, 5-7-07) (11) Hotel/motel. The conditions are as follows: a. Building heights shall be limited to four stories or 45 feet within 100 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. (12) Reserved Supp. No. 18 (01-09) 36:I78 St. Louis Park Zoning Code (3) (4) (5) (6) (7) (8) O OFFICE DISTRICT § 36-223 Banks. Business/trade school/college. Printing process facilities. Studios. Transit stations. Service. (Ord. No. 2358-08, 8-14-08; Ord. No. 2369-09, 1-30-09) (c) Uses permitted with conditions. A structure or land in any O district may be used for one or more of the following uses if it complies with the conditions stated in section 36-222 and those specified for the use in this subsection: (I) Adult day care. The conditions are as follows: a. This use shall be pemtitted only as a part of a larger development which contains at least one other principal use or as part of a PUD. b. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. (2) Group day care/nursery schools. The conditions are as ,follows: a. This use shall be permitted only as a part of a larger development which contains at least one other principal use or as part of a PUD. b. A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a fence. (3) c. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor play areas shall be located a minimum of 200 feet from any roadway as defined in the comprehensive plan as a principal arterial. Hospital. The conditions are as follows: a. Buildings located within 100 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be limited to four stories or 45 feet. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residentialstreets. c. Internal traffic circulation shall be designed to minimize traffic within 100 feet of any abutting property in an R district. d. Screening shall be installed along any abutting R district, and the screening shall include a six foot privacy fence. Supp. No. 18 (01-09) 36:177 St. Louis Park Zoning Code § 36-223 O OFFICE DISTRICT (16) Retail. The conditions are as follows: a. No single use retail establishment over 20,000 square feet is permitted. The retail facility shall be permitted only as a part of a larger development on a single parcel which contains at least one other permitted principal use or as a part of a mixed use PUD. b. These uses shall not result in any exterior building modifications, including truck docks or freestanding signage, overnight truck parking or similar features. c. Retail uses shall be integrated with other principal land uses which are within the O district and shall not exceed ten percent of the gross floor area of the parcel. (17) Communication towers that are 110 feet or less in height, subject to the provisions of Section 368 (Communication Towers and Antennas). (Ord. No. 2367-09, 1-23-09) (18) Parking lots. The conditions areas follows: a. Access shall be directly to a roadway identified in the comprehensive plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. (19) Parking ramps as principal structure. The conditions are as follows: a. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, may not penetrate the height of a line commencing at and perpendicular to such parcel and extending upward away from such parcel at a slope of five horizontal feet for each vertical foot. b. The minimum yard requirement for any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. c. Access shall be directly to a roadway identified in the comprehensive plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. Supp. No. 18 (01-09) 36:180 St. Louis Park. Zoning Code O OFFICE DISTRICT § 36-223 (13) Offices. The intensity classification shall not exceed 6. (14) Private entertainment (indoor) without intoxicating liquor license. The conditions are as follows: a. This use shall only be permitted as part of a larger development which contains at least one other principal use or as part of a PUD. b. The structure in which the use is conducted shall be located a minimum of 60 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to a school, religious institution or community center. c If there is a wine and/or beer license, the following additional conditions shall aPPIY: 1. There shall be no separate bar area within the private indoor entertainment. 2. If the conditions in subsections (cx14)a.--(cx14)c. of this section are not met, private indoor entertainment with a wine and/or beer license may apply for a conditional use permit under subsection (d)(8) of this section. (15) Restaurants without intoxicating liquor license. The conditions are as follows: a. This use shall be permitted as part of a larger development which contains at least one other principal use or as part of a PUD. b. Access shalt be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. All refuse shall meet the requirements of chapter 22 regulating refuse. d. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to a school, religious institution or community center. e If there is a wine and/or beer license, the following additional conditions shall apply: I. There shall be no separate bar area within the restaurant. 2. If the conditions in subsections (cX15)a.—(c)(15)e. of this section are not met, a restaurant with a wine and/or beer license may apply for a conditional use permit under section 36-194(d)(4), provided that the parking requirements for a restaurant with intoxicating liquor license are met. Supp. No. 18 (01-09) 36:179 St. Louis Park Zoning Code § 36-223 0 OFFICE DISTRICT I. Property developed or zoned for residential uses. 2. Property located in a major recreation zone. 3. Property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution and other public recreational facility. 4. Premises licensed under chapter 3 of this Code, relating to on -sale liquor, beer and wine licensing. b. No person shall operate a high impact sexually -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another high impact sexually -oriented business. c. No owner, manager or employee may sell or display for sale any sexually -oriented materials except in original unopened packages. d. No owner, manager or employee of a high impact sexually -oriented business shall have been convicted of a sex crime, as identified in M.S.A. §§ 609.293--609.352, 609.746--609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct, harassment, obscenity or domestic abuse. e. No owner, manager or employee of a high impact sexually -oriented business shall allow any sexually -oriented materials or entertainment to be used on any sign or window display. f. No owner, manager or employee of a high impact sexually -oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the high impact sexually -oriented business establishment which is prohibited by any ordinance of the city, the laws of the state, or the laws of the United States. Nothing in this chapter shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. The business owner, manager, or employee shall ensure that no person under the age of 18 years enters the business. h. No owner, manager or employee shall allow any sexually -oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. g. i. No owner, manager or employee shall allow any person under the age of 18 years to have access to sexually -oriented materials, whether by sight, purchase, touch or any other means. Each business shall display a sign on its main entrance door which reads: 'This business sells sexually -oriented material or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters shall be a minimum of two inches high. Sapp. No. 14 (05-07) 36:182 St. Louis Park Zoning Code O OFFICE DISTRICT §36-223 d. The parking ramp shall be screened from any abutting property located within an R district. The screening shall include a six foot berm where the parking ramp is above ground. e. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within the parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to the parcel. (20) Limited impact sexually -oriented business. The conditions are as follows: a. No owner, manager or employee shall allow any sexually -oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. b. The business owner, manager, or employee shall ensure that no person under the age of 18 years enters the separate area where sexually -oriented materials are provided. c. No owner, manager or employee shall allow any person under the age of 18 years to have access to any sexually -oriented materials, whether by sight, purchase, touch, or any other means. d. No owner, manager or employee may sell or display for sale any sexually -oriented materials except in original unopened packages. e. No business may have a license under chapter 3 of this Code other than an off -sale license for nonintoxicating malt liquor. f. Both the owner of a sexually -oriented business and the manager of the business shall be responsible for the conduct of thew employees and for compliance with this section. S. No owner or manager of a sexually -oriented business shall employ a person under the age of 18 years. h. No owner, manager or employee of a sexually -oriented business shall have been convicted of violating this section three or more tines within 24 months. (21) High impact sexually -oriented business. The conditions are as follows: a. Noperson shall operate a high impact sexually -oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 350 feet from any of the uses listed in this subsection (21). Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of the two uses. This distance requirement applies to the following uses: Supp. No. 14 (05-07) 36:181 St. Louis Park Zoning Code § 36-223 O OFFICE DISTRICT (I) Motor fuel station. The conditions are as follows: a. All pump islands, air dispensers and other service devices shall be installed at least 12 feet off and toward the interior of the lot from the required yard line. No display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard area. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight feet will be installed in the required yard. b. All on site utility installations shall be placed underground. c. No outside sales or display shall be permitted except for goods consumed in die normal operation of an automobile such as oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries, and such products shall not be sold or displayed in any required yard, nor shall the total display area of any one or any combinations of such products occupy more than 150 square feet in area or more than five feet in height. No other vehicular parts and nonautomobile- oriented goods shall be displayed or sold outside. d. Any canopy and canopy support systems shall be constructed using architectural design and materials which are compatible with the principal structure. e. No public address system shall be audible from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to schools, religious institutions and community centers. f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (2) Restaurants with intoxicating liquor license. The conditions are as follows: a. Restaurants with intoxicating liquor licenses shall be permitted only as part of a larger development which contains at least one other principal use or as part of a PUD. (Ord. No. 2275-04, 8-3-04) b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to a school, religious institution or community center. d. e. All refuse shall meet the requirements of chapter 22 regulating refuse. Separate pedestrianways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. Supp. No. 14 (05-07) 36:184 St Louis Park Zoning Code /a O OFFICE DISTRICT § 36-223 k. No business may have a license under chapter 3 of this Code, and no alcoholic beverages may be consumed in the business. 1. No business shall exceed 10,000 square feet in gross floor area. m. No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. n. Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience, and shall perfomr on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. o. No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this subsection (c)(21)0. do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are used solely for running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. p. The business owner, manager or employee shall ensure that no person under the age of 18 years enters the business. (22) Educational (academic). The conditions are as follows: a. When outdoor play areas are provided, a minimum of 40 square feet of outside play space per pupil must be provided and such space shall be enclosed with a fence. b. Outdoor areas designated for group activities shall be located a minimum of 25 feet from a lot in an R district. c. Pickup/dropoff areas shall not conflict with other on -site or abutting land uses and shall not create congestion on public streets. Only automobiles and passenger vans shall be allowed to use an alley for pickup and dropoff of students. d. The size of the school shall be limited to 20 students. e. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. (d) Uses permitted by conditional use permit No structure or land in an O district shall be used for the following uses except by conditional use permit. These uses shall comply with the office restrictions and performance standards of section 36-222 and all those general conditions provided in section 36-367 and with the specific conditions imposed in this subsection (d). Supp. No. 14 (05-07) 36:183 St. Louis Park Zoning Code § 36-223 O OFFICE DISTRICT f. Loading areas, access, parking, signing, and building equipment shall be prohibited or minimized next to residential areas to the extent appropriate in order to ensure compatible development. Open space and pedestrian links shall be established to provide access to buildings, parking and transit; provide space for active and passive recreation; ponding, and for preserving wetlands; and a suitable setting for buildings. h. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. 8 (5) Medical and dental offices where intensity classification exceeds 6. The conditions are as follows: a. The materials used in and placement of all signs shall be integrated with the building design and architecture. b. Landscape berms shall be used to reduce noise, improve views, and to produce other environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust reduction and to separate incompatible uses and control drainage. c. Buildings shall be designed with proper provision and orientation for the pedestrianway/skyway system to serve and link development. d. Buildings shall be oriented and designed so as not to detract from one another or to unduly restrict views to open space, malls and vistas. e. All new buildings shall be compatible and complimentary with existing buildings. Elements of compatibility include, but are not limited to building form and mass, exterior materials and their appearance and durability, landscaping, exterior lighting and site improvements. f. Loading areas, access, parking, signing, and building equipment shall be prohibited or minimized next to residential areas to the extent appropriate in order to ensure compatible development. (Ord. No. 2325-07, 5-7-07) g. Open space and pedestrian links shall be established to provide access to buildings, parking and transit; provide space for active and passive recreation; ponding, and for preserving wetlands; and a suitable setting for buildings. h. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (6) Places of Assembly. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R district. Supp. No. 14 (05-07) 36:186 St. Louis Park Zoning Code (3) O OFFICE DISTRICT § 36-223 f. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. Heliport. The conditions are as follows: a. Offices where intensity classification exceeds 6. All heliports and helicopter Flyways shall conform to all applicable Federal Aviation Administration regulations. b. Heliports shall not establish or utilize any approach and departure routing over areas located within an R district. c, Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. d. The helicopter pad shall not be located within 300 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03) e. The landing pad shall be dust free. f. The use shall be permitted only as an accessory to another principal use, and shall not occupy more that 25 percent of the total site area of the development. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. g (4) Offices where intensity classification exceeds 6. The conditions are as follows: a. The materials used in and placement of all signs shall be integrated with the building design and architecture. b. landscape berms shall be used to reduce noise, improve views, and to produce other environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust reduction and to separate incompatible uses and control drainage. c. Buildings shall be designed with proper provision and orientation for the pedestrianway/skyway system to serve and link development. d. Buildings shall be oriented and designed so as not to detract from one another or to unduly restrict views to open space, malls and vistas. e. All new buildings shall be compatible and complimentary with existing buildings. Elements of compatibility include, but are trot limited to building form and mass, exterior materials and their appearance and durability, landscaping, exterior lighting and site improvements. Supp. No. 14 (05-07) 36:185 /1 St. Louis Park Zoning Code § 36-223 O OFFICE DISTRICT (9) c. Separate pedestrianways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking Mi- d. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. In -vehicle sales or service. The conditions are as follows: a Drive -through facilities and stacking areas shall not be located within 100 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. (Ord.2248-03, 8-18-03) b. Stacking shall be provided for six cats per customer service point and shall comply with all yard requirements. c. This use shall only be permitted when it can be demonstrated that the operation will not have a significant adverse affect on the existing level of service on adjacent streets and intersections. d. The drive -through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian or vehicular conflicts. e. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. f. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (10) Communication towers more than 110 feet in height but not to exceed 170 feet in height, subject to the provisions of Section 368 (Communication Towers and Antennas). (Ord. No. 2367-09, 1-23-09) (e) Uses permitted by PUD. No structure or land in any O district shall be used for the following uses except by the PUD process. These uses shall comply with the requirements of all the general conditions provided in section 36-222 and with the specific conditions imposed in this subsection (e). Uses and structures which are permitted by right, permitted with conditions, or permitted as conditional uses may also be permitted by PUD. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (1) Multiple -family dwellings. The provisions areasfollows: a. The housing is part of a larger development permitted within the district. b. The building design and placement provide a desirable residential environment Supp. No. 18 (01-09) 36:188 St. Louis Park Zoning Code g. (7) (8) O OFFICE DISTRICT § 36-223 b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Seating capacity shall be limited to 150 persons. d. Parking shall meet zoning code requirements, unless it is a religious or other institution that requires walking because of a religious tenet or other rule, then 1 space per every 8 seats shall be required. e. In multi -tenant buildings, noise shall be contained within that space dedicated to the place of assembly use. No noise shall be audible within common areas or in adjacent units. f In multi -tenant buildings, the place of assembly shall have a separate entrance or shall have an interior entrance that is within 50 feet of a common building entrance. g• With intoxicating liquor, the following additional conditions apply: i. Buildings shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential or has an occupied institutional building including but not limited to a school, religious institution or community center. ii. Separate pedestrianways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. iu. The use must be in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (Ord. No. 2311-06, I-27-06, Ord. No. 2325-07, 5-7-07) More than one principal building. Uses where more than one principal building is located on a single lot a. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. Private entertainment (indoor) with intoxicating liquor license. The conditions are as follows: Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional building, including but not limited to a school, religious institution or community center. Supp. No. 18 (01-09) 36:187 Si Louis Park Zoning Code /3 § 36-223 O OFFICE DISTRICT O OFFICE DISTRICT § 36-223 (3) Shopping centers. The provisions are as follows: c. Access to off -site parks and open space, plazas and pedestrianways is provided. a. The shopping center is part of a larger development permitted within the district. b. All signs shall be integrated with the building design and architecture in terms of the materials and placement of the sign. c. Landscape berms shall be used to reduce noise, improve views, and to produce other environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust reduction, and to separate incompatible uses and control drainage. d. Buildings shall be designed with proper provision and orientation for the pedestrianway/skyway system to serve and link development. e. Buildings shall be oriented and designed so they do not detract from one another or to unduly restrict views to open space, malls and vistas. f. All new buildings shall be compatible and complimentary with existing buildings. Elements of compatibility include, but are not limited to, building form and mass, exterior materials and their appearance and durability, landscaping, exterior lighting and site improvements. g Loading areas, access, parking, signage, and building equipment shall be prohibited or minimized next to residential to the extent appropriate in order to ensure compatible development. h. Open space and pedestrian links shall be established to provide access to buildings, parking and transit, space for active and passive recreation, ponding areas, wetland preservation, and suitable settings for buildings. i. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (f) Accessory uses. Within any O district, the following uses shall be permitted accessory uses: (1) Parking lots. (2) Parking ramps, if they comply with all of the following provisions: a. The height of any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward and away from said parcel at a slope of five horizontal feet for each vertical foot. Supp. No. 14 (05-07) 36:190 St. Louis Park Zoning Code d. Housing -related uses do not represent more than 25 percent of the first story or 25 percent of the second story of any building in the development. e. No dwelling units are located below the second story of the building. All housing - related uses located within the first story shall be limited to common areas and rental offices. f: The minimum spacing between buildings in a multibuilding project is at least equal to the average heights of the buildings except where dwellings share common walls. g All buildings are located a minimum of 15 feet from the back of the curbline of internal private roadways or parking lots. h. The density does not exceed 50 units per acre. The maximum density may be increased by up to 50 percent at the sole discretion of the city council if two or more of the following are provided: 1. At least 80 percent of the required parking is provided in underground or aboveground structures, including all levels of parking ramps. 2. Buildings are placed at or near the street right-of-way and off-street parking is screened from the public right-of-way by buildings. 3. At least 35 percent of the building ground coverage contains structures of six or more stories in height, thereby conserving open space within the development site. i. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (Ord. No. 2267-04, 4-12-04) (2) Elderly housing. The provisions are as follows: a. All of the requirements of multiple -family dwellings in subsection (e)(t) of this section are met. b. Covenants running with the land which restrict the use of the property for occupancy by the elderly in a form approved by the city attorney have been recorded. c. A lounge or other inside community room totaling a minimum of 15 square feet for each unit is provided. d. The use is in conformance with the comprehensive plan including any provisions of the redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is located and conditions of approval may be added as a means of satisfying this requirement. (Ord. No. 2267-04,4-12-04) Supp. No. 14 (05-07) 36:189 St. Louis Park Zoning Code § 36-242 O OFFICE DISTRICT (g) Dimensional standards The dimensional standards are as follows: (I) No structure or building shall exceed the lesser of 20 stories or 240 feet in height, unless authorized by section 36-78 or section 36-367. (2) The floor area ratio within the O district shall not exceed 1.5. (3) A side yard abutting a street shall not be less than 15 feet in width. (4) The minimum lot width shall be 100 feet. (5) The minimum lot area shall be 15,000 square feet, except where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. (6) The required front yard shall be a minimum of 20 feet deep or a distance equal to the building height, whichever is greater, except that the yard depth need not exceed 100 feet. (7) The minimum depth of the required side yard of buildings under 40 feet in height shall be 15 feet on one side and half the building height on the other. The minimum depth of required side yards for buildings over 40 feet in height shall be 15 feet plus one foot for each foot in building height above 40 feet on one side and half the building height on the other. Where the side yard of land in the O district abuts land in the R-1, R-2 or R-3 district, that side yard shall have the greatest yard depth. (8) The minimum required rear yard depth for buildings under 40 feet in height shall be 15 feet. The minimum required rear yard depth for buildings over 40 feet in height shall be half the building height. (9) The housing density shall not exceed 50 units per acre. (10) Each lot shall contain designed outdoor recreation area/plazas at the ratio of 0.12 times the gross floor area of all the structures on the lot; but shall not be less than 12 percent of the total lot area These areas shall be developed into functional and aesthetic yard areas, plazas, courtyards and/or pedestrian facilities which are compatible with or enlarge upon the pedestrian links and public open space. The designed outdoor recreation area may be provided on a lot separate from the use provided that it is part of the overall development covered by a PUD process or that covenants which ensure the perpetuation of the required designed outdoor recreation area in a form approved by the city attomey be provided. (Ord. No. 2267-04, 4-12-04) (Code 1976, § 14:5-6.2; Ord. No. 2167-00, 5-15-2000; Ord. No. 2171-00, 7-5-2000; Ord. No. 2188-01, 2-5-2001; Ord. No. 2196-01, 4-2-2001; Ord. No. 2226-02, § 2, 6-3-2002; Ord. No. 2238- 03, 4-7-2003; Ord. No. 2267-04, 4-12-2004 Ord No. 2311-06, 01-27-2006; Ord. No. 2325-07, 5-7- 2007; Ord. No. 2358-08, 8-14-2008; Ord. No. 2367-09, 1-23-2009 Ord. No. 2369-09, 1-30-2009) Cross reference(s)--Businesses and licenses, ch. 8. Seca 36-224-36-240. Reserved. Supp. No. 18 (01-09) 36:192 St. Louis Park Zoning Code 1g (3) O OFFICE DISTRICT § 36-223 b. The minimum required yard for any parking ramp located within 200 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers shall be 50 feet. c. Access shall be directly to a roadway identified in the comprehensive plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. d. The parking ramp shall be screened from any abutting property located within an R district. The screening shall include a six foot berm where the parking ramp is above ground. e. If the parking ramp is located within 400 feet of any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use district at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. (Ord. No. 2248-03, 8-18-03, Ord. No. 2325-07, 5-7-07) Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 40 percent of the gross floor area or 40 percent of the labor hours required to conduct the principal permitted use. (4) Food service. (5) Outdoor seating and service of food and beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall or six foot fence. This provision will not apply if the residential use is located on an upper story above a restaurant. b. The use is located within 500 feet of a residential use, and no speakers or other electronic devices which emit sound are permitted. c. The use is located within 500 feet of a residential use, and the hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principle use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (6) Catering if accessory to a restaurant, food service, delicatessen or retail bakery with the condition that all vehicles used in connection with the catering operation be stored within a building or screened area of a parking structure or in a legal off -site location. (Ord. No. 2268-04, 4-12-04) Supp. No. 18 (01-09) 36:191 St. Louis Park Zoning Code 17 Subd. 3. Fences, as regulated by Section 21130 of this Chapter. Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading of semi -trailer trucks. Subd. 5. Parking ramps as an accessory use. Subd.6. Radio and television receiving antennas including single satellite dish TCROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter. Subd. 7. Signs, as regulated by Section 21155 of this Chapter. (Amended by Ord. No. 2008-09, 0325/08) 21555.07, CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the B-C District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located on an existing structure or tower, as regulated by Section 21175 of this Chapter. Subd. 2. provided that: Buildings in excess of height limitations as specified in Section 21555.13, (a) For each additional five (5) feet in roof height as calculated according to the Minnesota State Building Code, which is above the maximum building height allowed by Section 21555.13 of this Chapter, front and side yard setback requirements shall be increased by one (1) foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3. Day care facilities, provided that: (a) The use complies with Section 21150 of this Chapter. Subd. 4. Entertainment, live, in association with a restaurant. Subd. 5. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. 21555-2 SECTION 21555 - B-C, BUSINESS CAMPUS DISTRICT 21555.01. PURPOSE: The purpose of the B-C, Business Campus District is to provide for multi -use building and/or the establishment of business offices, wholesale showrooms, and related uses in an environment which provides a high level of amenities, including landscaping, preservation of natural features, architectural controls, pedestrian trails, and other features. 21555.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses within the B-C District: Subd. 1. Banks, credit unions and other financial institutions (excluding currency exchanges) with or without drive up tellers. Subd. 2. Commercial printing establishments. Subd. 3. Commercial recreation, indoor. Subd. 4. Conference centers. Subd. 5. Essential services not including structures, except those requiting administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 6. Governmental and public utility buildings and structures, including public works type facilities, excluding outdoor storage. Subd.7. Laboratories. Subd. 8. Offices, administrative/commercial. Subd. 9. Offices/clinics for medical, dental, or chiropractic services. Subd.10. Radio and television stations. Subd.11. Reception halls. Subd.12. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 13. Sexually oriented businesses — accessory (as regulated by Section 21195 of this Chapter. Subd. 14. Sports and fitness clubs. Subd.15. Trade schools, tutoring/learning centers, or vocational schools. Subd. 16. Wholesale showrooms. (Amended by Ord. No. 2002-32, 1126/02) (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord No. 2008-09, 0325/08) 21555.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses within the B-C District: Subd. 1. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 2. Commercial or business buildings and structures for a use accessory to the principal use provided such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. 21555-1 (c) Location. (1) All such activities are conducted in a clearly defined area of the principal building reserved exclusively for such use. Said area must be physically segregated from other principal activities in the building. (d) The area devoted to such activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. (e) Hours of operation are limited to 6:00 AM to 10:00 PM unless specifically modified by the City Council. (f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd.13. Warehousing and indoor storage, excluding explosives and hazardous waste, as an accessory use provided that: (a) The use is accessory to a permitted use within this district. (Amended by Ord. No. 2002-09, 03/12/02) (Amended by Ord. No. 2003-35, 11/25/03) (Amended by Ord No. 2008-09, 03/25/08) 21555.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following are interim uses in the 13-C District and are govemed by Section 21020 of this Chapter. Subd. I. Landf"tlling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. 21555.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the B-C District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or tower as regulated by Section 21.175 of this Chapter. Subd. 2. Essential services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that: 21555-4 Subd. 6. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that: (Amended by Ord. No. 2004-02, 01/13/04) (a) Equipment is completely enclosed in a permanent structure with no outside storage. (Amended by Ord. No. 2001-06, 02/13/O1) Subd.7. Extended stay hotels provided that more than fifty (50) percent of the rooms shall have cooking facilities. Subd. 8. Helistops, as regulated by Section 21193 of this Chapter. Subd.9. Manufacturing, compounding, assembly, packaging, treatment or warehousing of merchandise or commodities as an accessory use provided that: (a) The use is accessory to a permitted use within this district. (b) No outside storage is associated with the use. (c) The area devoted to the accessory use shall not exceed forty (40) percent of gross building floor area Subd. 10. Motels and hotels provided that: (a) The facility provides restaurant and food service with optional on -sale liquor. Subd.11. Restaurants, provided that: (a) The gross floor area devoted to restaurants shall not exceed 15'Y of the total gross floor area of the building in which it is located. (b) No drive -through window service shall be provided. (c) The storage, preparation, and serving of food items are subject to the approval of the Zoning Administrator who shall provide specific written sanitary requirements based upon applicable State and County regulations. Subd.12. Retail commercial activities, personal services and food service (cafeteria, delicatessen, coffee house)as an accessory use provided that (a) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-1 Zoning District (b) The activity is located within a structure whose principal use is not commercial sales. 21555-3 (1) Such activity is directed towards the general public and includes grand openings, craft shows, flea markets, mechanical and animal rides and displays of materials that are typically not sold or serviced on the site. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three (3) consecutive calendar days per event. (3) There shall be no more than two (2) special events per calendar year per property. However, each tenant in a multi -tenant building shall be permitted one (1) special event per year. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit a carnival license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven (7) consecutive calendar days per event. (3) There shall be no more than one (1) carnival per calendar year per lT0PertY• (c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): (1) Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales (except Christmas trees), and transient merchant and transient produce merchant sales. (2) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed ninety (90) days per calendar year per property. b. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. 21555-6 (a) Equipment is completely enclosed in a permanent structure with no outside storage. (b) Landscaping is provided to screen any such structure. Subd.4. Landfilling and land excavation/grading operations, except training, as regulated by Section 21185 of this Chapter. Subd. S. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter. The location and design of such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota State Fire Code requirements, and manufacturer's specifications. (b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing' and landscaping related to safety or screening. (c) Solid wall enclosures should not be used to assure that fire hose streams can be directed onto such features with minimal obstruction. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. (f) Outdoor generators located less than two hundred (200) feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd.6. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 7. Temporary outdoor events and sales subject to the following criteria: (a) Special Events (except Carnivals). 21555-5 (4) Signage related to the event shall be in compliance with the temporary Bien standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event, (6) All activity related to the temporary outdoor event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. Subd. S. Temporary structures, as regulated by Section 21167 of this Chapter. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2008-09, 03/25/08) 21555.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The following requirements shall be observed in the B-C District subject to additional requirements, exceptions, and modifications set forth in this Chapter. District Area Minimum Lot Area Minimum Minimum Lot Width (feet) Minimum Lot Depth (feet) Maximum Structural Coverage (a) Minimum Setbacks (feet) (a) Maximum Building Height 10 acres lame 100 100 35% Abutting �ft 45 Residential District Front yard 75 ,. Acc. - 20 a. (b (c) Bldg. Side yard 75 (b) Rear yard 75 (b) Abutting Non - Residential District Wont yard 50 (c) Side yard- 15 Rear yard 15 (a) Special requirements for environmental overlay distil is - See appropria a text (b) Where a B-C District abuts a Residential District or is sepamted from a residential district y a local or mince °Rector street. (c) Applies to each street frontage (Amended by Ord. No. 2002.32, 11/26/02) 21555-8 (d) d. Sales of fireworks, as regulated by Section 1110 of the City Code. Outdoor Christmas Tree Sales. (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. (2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximmn total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed forty- five (45) days per calendar year per property. b. There shall be no more than one (1) sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. (e) General Standards. (1) The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 21555-7 9. Restaurants - class II 10. Retail sales of liquor, 3.2 beer or wine as part of any facility. 11. Truckstops. D. Permitted accessory uses. 1. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measurement of the distance between locations. 2. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Private garages, off-street parking and loading spaces, as regulated by this chapter. 4. Public telephone booths provided all yard requirements are met. 5. Outdoor display, subject to the regulations thereof elsewhere in this chapter. 6. Temporary outdoor events, subject to regulations thereof elsewhere in this chapter. E. Bulk standards (minimum unless noted). TABLE INSET: Lot Area 2 acres Lot Width 100 feet Setback From Public Right -of -Way 30 feet Side Yard Setback 10 feet Rear Yard Setback 20 feet Adjacent to property guided* for residential use 50 feet Structure Height (max.) 35 feet Green Space 30 percent Building Cover (max.) 35 percent s Comprehensive Guide an. F. Additional setbacks. The following shall be the minimum required building setback along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current Functional Classification Plan: TABLE INSET: THOROUGHFARE RIGHT-OF-WAY WIDTH MINIMUM SETBACK Major Thoroughfare (Principal and A Minor Arterials) 150 feet 50 feet or 125 feet from right -of --way centerline, whichever is greater Major Thoroughfare 100 feet 50 feet or 100 feet from right-of-way City of Sagan Subd. 12. GB General Business District. A. Purpose. General business districts areas are intended to accommodate a wide range of retail commercial and office uses that serve the community and are generally located along arterial roadways. B. Permitted uses. 1. Animal hospitals or clinics when contained within a building. 2. Armories or conventional halls. 3. Auto accessories sales. 4. Bicycle, boat, motorcycle, snowmobile sales and service (outdoor display or storage subject to conditional use permit). 5. Carwashes. 6. Commercial recreation facilities contained within a building (includes amusement centers). 7. Copy centers. 8. Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. 9. Garden stores when conducted within a building (outdoor sales subject to conditional use permit). 10. Health and fitness clubs. 11. Home improvement centers with no. outdoor storage. 12. Motor vehicle sales when conducted entirely within a building. 13. Offices. 14. Public utility tower mounted antennae, subject to the regulations thereof elsewhere in this chapter. 15. Private clubs and lodges. 16. Radio and television studios (towers subject to conditional use permit). 17. Rental centers. 18. Restaurants, class ( (without on -sale liquor). 19. Research testing laboratories conducted within a building. 20. Small engine or appliance repair conducted entirely within a building. 21. Stone or monument sales (outdoor display or storage subject to conditional use permit). 22. Storage facilities contained within a building. C. Conditional uses. I. Coffee kiosks, subject to the regulations thereof elsewhere in this chapter. 2. Kennels. 3. Motor fuel sales - class I and class II. 4. Motor vehicle repair - minor. 5. Motor vehicle sales with outdoor sales and/or storage. 6. Off -site off-street parking and off -site outdoor storage, subject to the regulations thereof in this Code. 7. Outdoor seasonal sales, subject to regulations thereof elsewhere in this chapter. 8. Outdoor storage when conducted by an occupant of the principal building, subject to regulations thereof elsewhere in this chapter. (B Minor Arterials) centerline, whichever is greater Minor Thoroughfare (Major and Minor Collectors) 80 feet 40 feet or 80 feet from right-of-way centerline, whichever is greater Medina Planning Commission Draft August 11, 2009 Meeting Minutes CITY OF MEDINA PLANNING COMMISSION Draft Meeting Minutes Tuesday, August 11, 2009 1. Call to Order: Commissioner R. Reid called the meeting to order at 7:00 p.m. Present: Planning Commissioners., Jim Simons, Robin Reid, Victoria Reid, Michele Litts, and Mary Verbick. Absent: Charles Nolan and Beth Nielsen Also Present: City Planner Dusty Finke 2. Public Comments on Items not on the Agenda: No public comments. 3. Update from City Council Proceedings: Weir presented the update that the Council: S /tux frt5 • Questioned the costs for the proposed $300,000.00 Field House for Hamel Legion Park that came in at $425,000.00. The Council learned it was the paved pedestrian path, re - sighting of the disabled parking access, the 24 foot wide emergency road to the building, soil borings and wiring for future ball field lights that escalated costs. Council directed staff to draft a resolution to approve a CUP for the Field House, to include only conduit for future ball field lighting and to further negotiate with the Fire Marshal to reduce the width of the emergency road, as recommended by the Planning Commission; • Directed staff to rework the proposed 2010 budget to accommodate the $10,000.00 a year operating costs of the Field House; • Approved plans, specifications, and project for a mill and overlay on Willow Drive between Hamel Road and Willow Drive. Twenty percent of the cost was recommended to be assessed to benefiting properties along that stretch of Pioneer Drive; • Voted to have the City take over the ownership of the German Liberal Cemetery by November 1, 2010; • Appointed Associate Planner Dusty Finke to City Planner; • Directed staff to develop a job description for a temporary, part-time planner who can assist with ordinance writing; • Heard a report from our summer intern on ways the City can encourage economic development; • Approved an agreement with Bonestroo for Consulting Services to prepare a master plan for Hamel Legion Park; 1 Medina Planning Commission Draft August 11, 2009 Meeting Minutes • Reviewed general policies of the proposed new suburban residential ordinance and gave staff directions to build in more flexibility and to limit institutional uses to R-3, R-4, and R-5 with a 40,000 square foot cap. The ordinance will return to the Council September 15th, 2009. 4. Planning Department Report: Finke updated the Commission on future . 5. Approval of July 14, 2009 Planning Commission Minutes: Motion by Verbick, seconded by V. Reid to approve the July 14, 2009 minutes with recommended changes. Motion carried unanimously. (Absent: Nolan and Nielsen) 6. Public Hcaring - Woodridgc Church 1500 County Road 24 — Conditional Usc Pcrmit Amcndmcnt and Intcrim Usc Pcrmit for the construction of a 14,097 squarc foot eteklitien-te-the-existing-elturett Application was withdrawn and the public hearing was not opened. 7. Public Hearing — Ordinance Amendment — Chapter 8 of Medina's City Code Pertaining to the allowed types of signs in the residential and public/semi-public zoning districts Finke presented the history and changes recommended to the sign ordinance relating to the residential and public/semi-public zoning district. He explained the sign area is the area of the text and symbols. Dynamic signage was discussed and clarified. Font size was discussed and Finke felt it was somewhat self regulating. Simons asked if a sign had different size letters on it would the smallest letters have to meet the minimum font size. Finke explained all letters would need to meet the minimum font size. The Commission reviewed existing City Park signs and their font sizes. V. Reid felt it's not just the size of the font but the background and amount of letters on a sign. Finke asked if the Commission was supportive in allowing pylon signs within the district. The Commission agreed pylon signs were acceptable. Finke explained the maximum sign height recommended for residential is six feet and in the public/semi-public zoning district eight feet is recommended. Monument signs would be allowed to be a height of ten feet in PS districts. 2 Medina Planning Commission Draft August 11, 2009 Meeting Minutes The types of materials should be made of was discussed and the Commission concluded to allow natural materials and natural looking materials. IV. Reid said the Morningside nei hborl�ocl.sig tis made of wood Chas the lettering carved into it and is easy t_o_nataglice. he Commission discussed and felt it was because the sign does not have color. Finke said he would look in the existing code to see if the ordinance requires color. Verbick asked which existing signs were out of compliance. Finke reviewed existing signage samples. Finke asked for clarification from the Commission regarding font size. The Commission recommended not having a regulation on font size, except dynamic signs. Simons said it will be difficult to draft an ordinance without bringing existing signs out of compliance. Finke asked the Commission to consider the types of signs in the residential district such as subdivision entrance signs. The Commission was satisfied with the recommended changes. Simons asked for the definition of a monument sign vs. a gate. He didn't think putting up a gate with an address on it made it a monument sign. Finke clarified an address sign is exempt and allowed. Weir commented she has concern with language on page 3 of 5 of the draft ordinance Section 815.21.Subd.2. "Maintenance." The words "long grass" could be prairie grasses or decorative grasses which the City is seeing more and more of. She felt the words "long grass" was too general. The Commission discussed the damage to the posts on the sign at Foxberry Farms. Finke explained the sign is nonconforming and is required to have landscaping around the sign, which would have prevented the weed whipping damage. R. Reid suggested taking out "long grass" under the maintenance section and Verbick said the language "keep maintained" could be used. The Commission recommended staff work on changing the language. Verbick asked for clarification of "no sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement." Finke clarified language. Simons thought it may be easier to point out materials the City doesn't want rather than materials allowed. Finke said there are unnatural materials more durable than natural materials. The Commission agreed and requested that staff do additional research. V. Reid asked if staff had seen regulations requiring signs to be horizontal rather than vertical. The Commission discussed vertical signs as they relate to area. V. Reid asked if the Commission was supportive of staff drafting regulations to require horizontal style signs rather than vertical. R. Reid said she felt the height limitations force most of them to be designed horizontal. V. Reid 3 Medina Planning Commission Draft August 11, 2009 Meeting Minutes said she finds the horizontal signs more attractive and recommended the sign ordinance have requirements to achieve a more horizontal style. Finke clarified her recommendation asking if the ordinance had a "width must exceed the height" requirement. Weir stated the Park Commission strongly favors the horizontal style signs. Finke talked about the size limitation and the square feet recommended. He explained 15 square feet was the recommendation. The Commission reviewed the Park Signs to get a general idea of sign area on a sign. Public Hearing was opened at 7:54 p.m. Public Hearing was closed at 7:56 p.m. Motion by Verbick, seconded by Litts to approve the ordinance amendment with recommended changes. (N lan and Nielsen) t 8. City Council Meeting Schedule: Commission discussed. 9. Adjourn: Motion by Simons, seconded by V. Reid to adjourn at 7:57 p.m. Motion carried unanimously. (Absent: Nolan and Nielsen) 4 bummary Oi' business rteguiatlons In vtner tritles City District Lot Size (acres) Lot Width Floor Area Ratio Front Setback Rear Setback Side Setback Residential Setback Parking Setback (front) Parking setback (side) Impervious Surfaces Land- soaping Max Building Coverage Outside Storage Acceptable Building Materials Building Height Medina BP - Business Park 5 or 2.5 200 40 30 30 50 25 20 70% 1 tree/50 feet perim. None allowed At least 30% brick, stone, glass or stucco; Up to 70% decorative concrete 35 B - Business 3 or 2 200 40 30 30 50 25 20 75% 1 tree/50 feet perim. CUP, 20% building Same as BP 45 Apple Valley GB - General Business 0.34 100 30 15 15 30 15 5 2.5% project cost 25% 100% non-combustible, non -degradable, maintenance free construction materials (but not sheet/corrugated aluminum, iron, or concrete block) 35 GB1 - General Business -1 0.92 200 30 15 15 100 15 5 Same as GB 35% - 45 BP - Business Park 1.84 300 30 20 10 80 20 20 Same as GB 45% c;ur, pavea, Cully screened - - 40 Maple Grove Business 1 30 10 10 100 70% 25% Sales: Meet setbacks; paved, screened and Brick, stone, or glass, decorative material approved by Counci (decorative masonry or other) l-reeway hron age— (PUD) 5 50 100 30 _ 75% 30% — Brick, stone, glass - Orono B-1 - Retail Sales 0.46 20 30 20 15 o 15 /o Face brick, natural stone, precast concrete units if surfaces have been integrally treated with an applied decorateive material or texture, Factory fabricated and finished metre! framed panel construction (if panel materials are listed above) 30 B-4 - Office and Professional 0.46 35 35 15 35 20 30 15% Same as B-1 Burnsville B-1 - Office Business 0.46 30 30 10 30 30 5 70% 30% of property Face brick, stone, galss, stucco, synthetic stucco, fiber cement vertical panel siding, architertural concrete, precast panels, color impregnated decorative block. B-3 - General Business 0.46 30 30 10 30 10 - 5 75% 25% CUP Same as B-1 Rockford C-1 -Commercial Service 0.5 100 35 25 15 40 15 35% Meet setbacks, screened and buffered Solid wall masonry, pre -cast concrete, aggregate panels, wood frame masonry veneer (excluding stucco). 35 u-s - highway Commercial 1 150 35 25 15 40 15 35% Sales: b% lot; storage=same as C-1 i Same as C-1 _ 35 Plymouth O - Office 1 200 50 15 15 75 20 20 1 tree/bU feet of site perimeter or 50% Bnck, natural stone, integral colored split face (rock Lace) concrete block, cast -in -place concrete, pre -cast concrete panels, wood, curtain wall panels (steel, fibergalss, aluminum, glass), stucco, vinyl B-C - Business Campus 1 100 50 15 15 75 20 20 Same as' O 35% _ Same as O Wayzata C-1 A - Neighborhood Office/Limited 0.21 2 10 10 10 10 10 0 50 /o Brick, natural stone, decorative concrete block, cast -in -place concete or precast panels wood, curtain wall panels (steel, fibergalss, aluminum, glass), stucco, vinyl C-2 - Shopping Center 0.46 1 20 20 50 10 10 20% of property CUP, paved, screened Same as C-1A , C-3 -Service District 0.34 1 10 10 20 50 10 10 20% 50(% Same as C-2 Same as C-1A Blaine B-4 - Office Park 1 50 20 20 100 30 10 1 shrub / 30 ft 40% None allowed -Masonry construction or equivalent; fronts=face brick, stone, mo ed m metal paneling, glass, wood; other walls =common brick 36 is-,3 - Keglonal Commercial 1 50 20 20 100 30 10 Same as B-1 40% _ 5uby (tatter' CUP) Minnetonka B-1 - Office Business B-2 - Limited Business None None 1 35 20 20 50 85% None None 0.8 50 35 35 35 85% 35 B-3 - General Business None None 1.5 50 20 20 50 85% Woodbury B-1 - Office Park 1.5 1.5 160 150 50 50 30 35 20 20 20 20 10 10 30% of property 30% 20% 25% None allowed >65% brick, stone, glass; <35% textured concrete, rock -faced block 60 B-2 - General Business Same as B-1 45 I- u-4 - F reeway Commercial 1.5 150 35 35 30 50 20 10 30% 30% Same as B-1 40 Lino Lakes GB - General Business 0.46 100 30 30 10 35 15 10 75% beneral Req. Brick, stone, stucco, EFTS, decorative concrete, glass, decorative metal 45 Andover GB -General Business 0.55 100 40 40 10 40 _ 10 1 tree/50 feet perim. 30% CUP No metal, common concrete blocks, or similar 45 Model Ordinance Susta�inaTile Development 0.46 66 0.3 (min) 20 20 10 Brick, stone, textured stone, textured masonry 50