HomeMy Public PortalAbout10-13-2009MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, OCTOBER 13, 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 September 8, 2009 Planning Commission minutes
Public Hearing - Ordinance Amendment of Chapter 88 of regulationsroan
City Code creating new zoning g on
6 ulations for futuredevelopment
identified in the Mixed Use land use in the City's 2010-2030
property
Comprehensive Plan.
7.
Public Hearing - Ordinance Amendment of Chapter 8, Con e t Plan
of Medina's City Code pertaining to the procedures or P
Review applications.
8. City Council Meeting Schedule
9. Adjourn
POSTED IN CITY HALL OCTOBER 8. 2009
Medina Planning Commission Draft October 13, 2009 Meeting Minutes
CITY OF MEDINA PLANNING COMMISSION
Draft Meeting Minutes
Tuesday, October 13, 2009
1. Call to Order:
Commissioner Nolan called the meeting to order at 7:00 p.m.
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Present: Planning Commissioners, Jim Simons, Robin Reid, Victoria Reid, Michele Litts,
Charles Nolan, and Kent Williams.
Absent: Beth Nielsen
Also Present: City Planner Dusty Finke, Planning Assistant Debra Peterson -Dufresne, and
Stephen Grittman of Northwest Associated Consultants, Inc.
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:
The Council:
approved a final draft of the Local Surface Water Management Plan;
approved the five sections of the sewered residential ordinance, as recommended by the
Planning Commission, and adding EIFS as an accent material, increasing the possible
pitch of roofs up to 35 feet if there is sprinkling, as long as the eave height is no greater
than 32 feet, and reduced the setback to the side yard buffer to 10 feet in R 4 and 5;
- reviewed the letter that will go to all residents, regarding the 2010 budget, that proposes
a one percent tax levy increase;
directed staff to draw up a resolution for a two-year delay of the closure of access to the
Ace in -line shops across the median strip on County Road 101;
approved a landscaping master plan for Hamel Legion Park;
directed staff to prepare a contract for construction of the Uptown Hamel monument sign;
had an initial overview of the Business Park Zoning Ordinance and discussed increasing
the minimum lot size back to five acres in BP, with a three acre minimum in integrated
development;
increased the maximum driveway width at the curb from 22 feet to 24 feet, with 28 foot
flair at the property line. All non -conforming driveways will be grandfathered in;
gratefully recognized the many Medina Celebration Day volunteers and contributors, and
the Field House Task Force volunteers.
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Medina Planning Commission Draft October 13, 2009 Meeting Minutes
4. Planning Department Report:
Finke updated the Commission on possible land use projects forthcoming and ordinance
amendments they can expect to see this year.
5. Approval of September 8, 2009 Planning Commission Minutes:
Motion by R. Reid, seconded by Williams to approve the September 8, 2009 minutes with
recommended changes. Motion carried unanimously. (Absent: Nielsen)
6. Public Hearing — Ordinance Amendment — Chapter 8 of Medina's City Code creating
new zoning regulations for future development on property identified in the Mixed Use
land use in the Citv's 2010-2030 Comprehensive Plan.
Grittman provided background in the shaping of the Mixed Use District and how some existing
zoning regulations were imported into the proposed draft ordinance. Buffering standards were
incorporated, differing from the City's existing buffering requirements. The Mixed Use District
is proposed to be lateral rather than vertical in design. He further explained the process requiring
the following three stages:
Stage I Plan Establishes:
• land use patterns
• developable land
• development capacities
• public uses
• infrastructure
• vehicle pedestrian circulation
• other generalized site analysis
• conceptual development parameters
• recordable document
Stage II Plan Establishes:
• recordable plat
• recordable development agreement
• provides development details
Stage III Plan establishes a staff level review of final plans from Stage II development
documents, which requires recording.
R. Reid asked if the mixed use district was residential, commercial, or both. Fink
V. Reid asked for clarification of flexibility within the mixed use district. Grittman .
Williams asked if residential was proposed to have a minimum of 50 percent within a use
application. Grittman concurred. Williams asked for an explanation of the difference between a
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Medina Planning Commission Draft October 13, 2009 Meeting Minutes
Planned Unit Development (PUD) and the proposed mixed use district. Williams asked if the
•r•;s would be less flexible yet provide more certainty to a developer.
eid asked if vertical development was part of the district. Grittman explained vertical is not
the intention.
R. Reid asked about coffee shops and retail uses. Finke clarified retail type uses would be
allowed even though they aren't specifically listed.
Public Hearing was opened at 7:44 p.m.
John Raskob of 345 Comanche Trail spoke before the Commission voicing concern of density
and future process within the proposed district. He explained his past experience with the City
has been costly without approvals. He wanted to make sure whatever is adopted will be
developer friendly and provide guidance. Grittman explained density would range from 3.5-6.99
units per acre as a residential component.
Rascob is concerned with storm water run-off on his property. He asked if the issue would be
resolved on his property specifically. Nolan clarified the purpose of the ordinance. Rascob
asked if bonuses would be allowed for residential density.
Weir explained the bonuses wouldn't take the density above seven units per acre.
Nolan explained by doing the right/better design the density would be allowed to be increased,
yet not exceed 7 units per acre.
Rascob provided a scenario of an eight acre parcel with one acre being utilized for storm water.
He asked if the one acre providing storm water would count towards density units per acre.
Finke explained the storm water pond area would not be taken away from net density acreage to
determine total overall density for the site, though seven units per acre maximum would be the
maximum with any credits that may be applied to the project.
Jerry Jubert of 2440 St. Albons St. N., Roseville, MN owns acreage in Medina. Jubert asked
what determines a buffer. Nolan explained the language within the ordinance regarding
buffering and that it is determined by vegetation and distance.
Rascob asked for clarification of uses allowed within the proposed draft ordinance. Nolan
explained the structure of the ordinance and that some uses are not spelled out specifically, rather
identified more broadly so that each type of use would not have to be listed and have the
potential of missing a use that may be intended to be allowed.
Nolan said he thinks of a mixed use district as a transitional use and would like further language
added to the purpose statement to reflect it.
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Medina Planning Commission Draft October 13, 2009 Meeting Minutes
V. Reid asked if the ordinance has a ceiling for commercial or a maximum percentage. Finke
explained the ordinance does not have a cap on residential, but commercial uses have a
maximum of fifty percent.
Public Hearing was closed at 9:45 p.m.
The Commission discussed the possibility of transit within the district and asked staff if it should
be mentioned in the purpose statement. Finke explained transit is extremely limited in the
mixed use district.
Finke explained they may want to add uses from the Commercial Highway District rather than
just using the Commercial General District uses. The Commission concluded to not reinvent
the wheel, and utilizing existing language from other districts would be appropriate.
Grittman explained the purpose of Stage I is to use it as a tool to make sure it clearly identifies
the guidelines of density and layout. V. Reid asked about five foot side yard setbacks in
residential portions of the district. Finke explained the reason for setbacks so • e.
Weir asked for clarification on daycare facilities serving 16 or fewer persons in the district.
She felt the ordinance limited who could provide daycare because of the distance from Highway
55 requirement. Finke explained it is only to apply to multi -family density.
Finke raised concern with the two trees in the front yard requirement. He said it would be
difficult on a 60 foot lot in which the driveway takes up 28 feet of the width of the lot. Concern
is it would not provide sufficient space for two trees to survive. Finke recommended a minimum
of one tree in the front yard.
Finke explained building modulation within the recommended zoning district. Nolan suggested
consistency amongst districts.
Finke explained building height is limited to a maximum of 35 feet under the commercial design
standards. The Commission concluded higher buildings along highway 55 would be more
appropriate and would buffer any residential that may be adjacent to commercial.
The Commission discussed loading docks and asked Grittman of his experience in other
communities. Grittman explained some ordinances don't allow loading docks to abut
residential. The Commission asked staff to look back at the General Business District and how
loading docks were handled adjacent to residential districts/housing. Finke asked if the mixed
use district needed separation from loading docks. R. Reid said some residential neighborhoods
may expect some commercial adjacent to them.
R. Reid stated outdoor speakers in the outdoor dining and/drinking areas didn't seem
appropriate. The Commission discussed the rational behind allowing speakers and the distance
of 200 feet and why abutting loading docks was only 100 feet in the general business district.
Medina Planning Commission Draft October 13, 2009 Meeting Minutes
Peterson -Dufresne commented that additional distance for outdoor dining and drinking areas is
due to constant noise, rather than the periodic noise from trucks in loading areas.
V. Reid raised concern with taller buildings being adjacent to residential yards such as office
buildings peering down on residential yards. Nolan suggested transitional language added to
avoid a three story office building being constructed next to residential homes.
Nolan suggested a paragraph be written explaining transitioning of uses and physical factors.
Finke brought up the use of outside storage within the mixed use district. He explained
Highway Commercial and Commercial General allowed outside storage. He suggested revisions
in setbacks. Grittman suggested outdoor storage not be permitted adjacent to residential.
The Commission discussed the Stage III requirements and finalizing of documents. The
Commission concluded that they did not want the project to expire after six months as written
if the developer has "good cause" wh they need more time.
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Nolan recommended boards be required for projects. Finke explained that it is currently
required under a Site P an Review and not a CUP.
Motion by R. Reid, seconded by Simons to keep the public hearing open and request
recommended changes to be made for Planning Commission review. (Absent: Nielsen)
7. Public Hearing - Ordinance Amendment of Chapter 8, Section 825 of Medina's City
Code, pertaining to the procedures for Concept Plan Review applications.
Finke explained the Concept Plan Review process and what could be expected. He further
explained what other communities require. Nolan asked about notification and distance. inke
Simons raised concern with the reduced notification distance. Nolan explained the
nee for consistency of notification. The Commission concluded consistency with notification,
having flexibility with the information submitted for review with a basic level of information
necessary, a general level of building design provided, and identification of natural resources
would be necessary during a Concept Plan Review. Weir said there is support from the Council
to have the distance of notification expanded
Public Hearing was opened at 9:54 p.m.
John Rascob of 345 Comanche Trail commented on past Concept Plans submitted and issues he
has had in the past with dealing with the City. He asked that builders and developers not have to
spend thousands of dollars on a Concept Plan. Nolan explained what his vision was of the
Concept Plan. He explained the more specific the plan, the more issues that can be reviewed and
commented on. He said if a specific property has a lot of issues, those issues should be provided.
\\AThe Commission discussed the expectation of concept plans.
5
L
Medina Planning Commission Draft October 13, 2009 Meeting Minutes
Public Hearing was closed at 10:07 p.m.
Motion by V. Reid, seconded by Litts to approve the ordinance amendment with
recommended changes. (Absent: Nielsen)
8. City Council Meeting Schedule:
9. Adjourn: Motion by Williams, seconded by V. Reid to adjourn at 10:15 p.m. Motion
carried unanimously. (Absent: Nielsen)
MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, OCTOBER 13, 2009
7 :00 P.M.
CITY HALL (205 2 County Road 24 )
/ Call to Order
,2/.' Public Comments on items not on the agenda
XUpdate from City Council proceedings
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(Planning Department Report Cnow a 5, v574_
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5. Approval of September 8, 20Q9 Plainning Commission minutes
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6. Public Heanng - Ordinance Amendment of Chapter 8 of Medina's VelIrn�
City Code creating new zoning regulations for future development on Gt �Ei�, 4
property identified in the Mixed Use land use in the City's 2010-2030 Irk Q.4, u
Comprehensive Plan. Ak-c�`c'
7. Public Hearing - Ordinance Amendment of Chapter 8, Section 825
of Medina's City Code pertaining to the procedures for Concept Plan
Review applications.
8. City Council Meeting Schedule
9. Adjourn
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L1/4.'0"7
POSTED IN CITY HALL OCTOBER 8, 2009
PC Update: October 2009 from Liz Weir
The Council:
approved the five sections of the sewered residential ordinance, as recommended
by the Planning Commission, and adding EIFS as an accent material, increasing
the possible pitch of roofs up to 35 feet if there is sprinkling and as long as the eve
height stays at 32 feet, and reduced the setback to the side yard buffer to 10 feet in
R4and 5;
reviewed the letter that will go to all residents, regarding the 2010 budget, that
proposes a one percent tax levy increase;
directed staff to draw up a resolution for a two-year delay of the closure of access
to the Ace in -line shops across the median strip on County Road 101;
approved a landscaping master plan for Hamel Legion Park;
directed staff to prepare a contract for construction of the Uptown Hamel
monument sign;
had an initial overview of the Business Park zoning Ordinance and discussed
increasing the minimum lot size back to five acres in BP, with a three acre
minimum in integrated development, since the district can be immediately
adjacent to the Rural Residential district;
increased the maximum driveway width at the curb from 22 feet to 24 feet, with a
28 foot flair at the property line. All non -conforming driveways will be
grandfathered in, and all new residential construction must conform;
gratefully recognized the many Medina Celebration Day volunteers and
contributors, and the Field House Task Force volunteers;
recognized the leadership of Wayne Nedermeyer, Medina Mayor from 1966 to
1978, and for his leadership in Medina's transition from a village to a city in
1974.
elm creek
Watershed Management Commission
ADMINISTRATIVE OFFICE
3235 Fernbrook Lane
Plymouth, MN 55447
PH: 763.553.1144
FAX: 763.553.9326
e-mail: judie@jass.biz
July 25, 2007
Office of the State Auditor
State of Minnesota
Suite 500
525 Park Street
Saint Paul, MN 55103
Dear Sir or Madam:
TECHNICAL OFFICE
Hennepin County DES
417 North 5th Street
Minneapolis, MN 55401-1397
PH: 612.596.1171
FAX: 612.348.8532
e-mail: Ali.Durgunoglu@co.hennepin.mn.us
Enclosed is a copy of the Audit Report of the Elm Creek Watershed Management Commission for the
year ending December 31, 2006 as prepared by Johnson & Company, Ltd.
This report was accepted by the Commission at its July 11, 2007 meeting and is hereby transmitted for
your files.
Sincerely,
Judie A. Anderson
Administrator
JAA:tim
Enclosure
Cc: Brad Wozney, Board of Water and Soil Resources w/bound copy
City/Town Clerks w/bound copy
Commissioners w/copy
Ali Durgunoglu w/copy
Joel Jamnik w/copy
JAElm CreekTinancialainancia106T_transmitting audit.rtf
CHAMPLIN • CORCORAN • DAYTON • HASSAN • MAPLE GROVE • MEDINA • PLYMOUTH • ROGERS
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: October 1, 2009
SUBJ: Planning Department Updates for October 6, 2009 City Council Meeting
Ordinance Updates
A) Sewered Residential Zoning Ordinance — Staff made the changes directed by the Council
and has Published the ordinance by title and summary.
B) Mixed Use Zoning Regulations — staff and consultants from NAC held an Open House on
September 29, and NAC is preparing for the Public Hearing at the October Planning
Commission meeting.
C) Private Recreation Zoning District — with the 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 intends to prepare this ordinance
amendment following completion of the Residential ordinances, and has published for a
Public Hearing 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 will present research on
driveway regulations as directed by the Council at the October 6 meeting.
D) Business Park Text Amendment - The Planning Commission held a Public Hearing on
September 8 and recommended approval of the ordinance with a number of changes. The
Council will begin review at the Special Meeting on October 6.
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 and Community Development committee without
significant issues. The Plan will be reviewed by the full Metropolitan Council on October
Planning Department Update
Page 1 of 2 October 6, 2009
City Council Meeting
14, 2009. Staff plans to attend the Met Council board meeting in order to provide
information, but is not aware of any concerns as the Plan nears approval.
B) Proposed Comprehensive Plan Amendment — City of Plymouth
Staff informed the City of Plymouth that Medina did not intend to provide comments on the
small amendment that was discussed in the September 15 Planning Update.
C) Review of Comprehensive Plans for Other Communities — Staff received 2010-2030 Comp
Plans from Corcoran and Orono, and will prepare summaries for City Council review at
future meetings.
D) Code Enforcement
Staff received 13 tall grass complaints in Bridgewater and a 14th complaint along Hamel
Road. Staff contacted property owners and these lots were mowed.
Staff identified an erosion concern in the Independence Beach area on a building permit that
has been closed out for some time, but vegetation had not been established on the lot. Staff
made contact with the owner and vegetation is coming in nicely.
E) Watershed Memoranda of Understanding; Wetland Conservation Act revisions
The City needs to approve of memoranda of understanding (MOU) with the Watershed
Districts in the City regarding authority now that the City has approved the Surface Water
Management Plan. The MOU will be discussed at the October 6 Council meeting.
Additionally, 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. Staff intends to work on this
project and place necessary ordinance or resolutions on a Council agenda in the coming
months.
Planning Department Update
Page 2 of 2 October 6, 2009
City Council Meeting
Medina Planning Commission Draft September 8, 2009 Meeting Minutes
CITY OF MEDINA PLANNING COMMISSION
Draft Meeting Minutes
Tuesday, September 8, 2009
1. Call to Order: Commissioner Nolan called the meeting to order at 7:00 p.m.
Present: Planning Commissioners, Jim Simons, Robin Reid, Victoria Reid, Michele Litts,
Charles Nolan, Kent Williams, and Beth Nielsen
Absent: None
Also Present: City Planner Dusty Finke and Planning Assistant Debra Peterson -Dufresne
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:
heard a presentation from Hennepin County and the City of Minneapolis on making
Economic Development Revenue Bonds available to owner -occupied manufacturing and
industrial businesses that seek to locate in Medina and to give them access to tax exempt
bonds at no cost to the City. The program's purpose is to retain jobs in Hennepin County;
reviewed in detail the new R 1 - 5 sewered residential zoning ordinance, and followed the
lead of the Planning Commission to add more flexibility to requirements and to used the
recommendations of the Commission;
- directed staff to make some changes to the proposed Uptown Hamel Monument sign and
bring it back for final approval;
- accepted Mary Verbick's resignation with regret and directed staff to draw up a
resolution of appreciation for close to nine years of service to Medina;
- is pleased to appoint Kent Williams to the PC to fill out Mary's term. Kent is an attorney
who lives on Homestead Trail and who is interest in land use issues;
contracted with NAC Consulting to assist staff with ordinance writing to support the
2030 Comprehensive Plan;
directed staff to simplify the Concept Plan Review process to make it less expensive for
developers to bring before the City;
heard a presentation from Ehlers and Associates on the three mechanisms available to
cities to finance construction of public buildings such as a proposed new Medina Public
Works facility. Medina's Public Works is so undersized that much expensive equipment
has to be stored outside, there is no room for expansion, it does not meet safety standards,
and its heavy use is inappropriate in a rural residential area;
awarded a contract for the new Field House in Hamel Legion Park;
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Medina Planning Commission Draft September 8, 2009 Meeting Minutes
- approved a preliminary one percent tax levy;
- reviewed a driveway waiver request for a built 30' driveway that exceeds the allowed
driveway width by eight feet and directed staff to research and recommend a reasonable
driveway width standard for Medina;
- approved the changes to the sign ordinance as recommended by the PC in public/semi-
public and residential zoning districts, adding further. tweaks;
- made minor technical changes to update the Tobacco Ordinance;
- eliminated the requirement that no liquor licenses can be granted to properties within 300
feet of a church.
4. Planning Department Report:
Finke updated the Commission that the City does not have a land use application for the next PC
meeting in October. NAC, a Planning Consultant firm, was hired to assist in ordinance writing.
Nolan asked if Woodridge Church would be coming back. Finke explained the application is
closed and staff is not aware of any future plans by the Church to proceed. He also informed the
Commission that since Woodridge Church has withdrawn their application they would have to
resubmit a new land use application.
5. Approval of August 11, 2009 Planning Commission Minutes:
Motion by Simons, seconded by R. Reid to approve the August 11, 2009 minutes with
recommended changes. Motion carried unanimously. (Absent: None)
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 Citv's draft 2010-2030 Comprehensive Plan.
Finke presented the application and explained the proposed changes and objectives of the
Comprehensive Plan. He further explained the breakdown of the Business Park and Business
District and the subsection relating to design/development standards which apply to both
districts. He reviewed permitted, conditional, accessory, and interim uses. He explained
changes in lot standards, setbacks were reduced and new uses were added. Impervious surface
was increased. Building height was limited to 35 feet for the BP district and 45 feet in the
Business district.
Nolan asked for clarification of how to review the draft ordinance and if the Commission should
look at the Comprehensive Plan for guidance. Finke explained the City could adopt a
moratorium if staff chose to do so and the City has nine months to make ordinance revisions. He
said the Commission should be looking at the Comprehensive Plan for guidance.
Public Hearing was opened at 7:25 p.m.
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Medina Planning Commission Draft September 8, 2009 Meeting Minutes
Paul Chamberlain, representative of property owner Richard Burke, raised concern with the
accelerated process and the negative impact it may have on residential properties i.e. change in
uses, lot width, lot sizes, setbacks, conditional uses, as well as setback reduction from 500 to 100
feet when adjacent to rural residential districts. He voiced his opposition on behalf of Burke that
allowing such changes could have impacts to his client's properties. He said City staff s draft
ordinance has a generally global change with uses and business hours. The current uses would
typically have business hours of 9-5 p.m. and he has concern with the change of uses extending
business hours later into the evening. The change would impact adjacent residential uses.
Williams asked where his client's property was located. Chamberlain explained the properties
are located in the general areas of Pioneer -Hamel -Tomahawk Road.
Finke continued his presentation explaining design and development standards. Examples of
design modulation were provided of the Polaris Building (one modulation per 90+ feet) and the
Target Building (one modulation per 53 feet). He explained the preservation of the natural
environment, natural drainage, changes in landscaping requirements adjacent to buildings, trees
required based on the linear footage of a lot, and parking lot landscaping. He further added the
currently adopted tree preservation and wetland protection ordinances would continue to apply to
both districts.
Finke explained utilities/mechanical equipment and storage of service vehicles. Loading dock
regulations were changed at the request of the applicant such as:
• Maximum area of loading docks
• Location
• Screening
Rose Lorsung, applicant provided background of why development had not occurred in the area.
She also commented on:
• senior housing
• institutional uses within business park district
• the use of EFIS material in moderation
• an increase in building height to 40-45 feet
She said she liked the creativity of the district and is excited with the changes within the BP
District. She concluded her presentation by stating she was very pleased with staff s changes to
their recommended ordinance application. -lam ° �-.�1 e c �a• ►..,.,L IS\M C S
o,r..
Nolan asked Lorsung about senior housing. Lorsung explained how housing in other
communities. �no� Sentirlis,"5 Trod'/ — tn a (of QP o-theK cvr..r^S
_P Nolan suggested the Commission start the discussion with uses. Finke explained the BP district
was more inclusive.
N
Williams asked for clarification of the Business Park and General Business district properties
and their objectives.
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Medina Planning Commission Draft September 8, 2009 Meeting Minutes
Finke explained staff s assumption that land division would occur with the larger parcels. Finke
explained how a development would start the process and how zoning would be applied to the
property.
Nolan asked for clarification of the two commercial districts and what the difference was
between them. Finke explained.
Litts brought up the use of laboratories in the BP district and suggested narrowing down types of
laboratories to be allowed. Finke explained laboratories are currently allowed in the City's
existing zoning ordinance. Litts said some labs are beautiful and others may not be wanted
within the proposed district. Williams suggested they be placed as a conditional use. Nolan
asked if laboratories should be more clearly defined with conditions. R. Reid asked if certain
laboratories could be permitted uses. Finke explained staff would research into it further.
R. Reid asked for clarification of "Asphalt and Concrete Recycling". Finke explained the use
was put in for an existing use. R. Reid said a new user could start up in the district if allowed
under the proposed ordinance. It was recommended the use be placed as an IUP to avoid
nonconformity. Nolan suggested taking this type of use out of the district. The Commission
suggested eliminating Interim Use Permit's.
Williams said he understands the Business Park district has uses with lesser impacts. He thinks
of a Post Office or FEDEX business having a lot of trucks and people coming and going. He
suggested some of the uses be placed as CUP'S with increased setbacks.
The Commission recommended Adult establishments be taken out of BP district.
Simons asked where noise and lighting regulations were located within the zoning ordinance.
Finke explained lighting limitations are placed within the zoning ordinance but noise regulations
are controlled by the MPCA.
Williams asked if conditions could be added during the site plan review process. Finke
explained new developments require site plan reviews and conditions can be placed on the
application. Nolan asked if the City could control hours of operation. Finke explained the City
couldn't control hours of operation under a site plan review but could control layout and design
for businesses such as banks, financial institutions, medical offices, post office, public services,
physical fitness clubs.
Finke explained the request to have more permitted uses rather than so many conditional uses
was a recommendation through public comments during the City's open house on the district.
Nolan suggested businesses operating 24 hours a day should be a CUP. He further asked if staff
could think of a different way to accomplish the objective.
Litts said existing commercial uses currently abut residential and they are more intensive in
hours of operation. V. Reid raised concern with regulating a use by hours of operation since it's
4
Medina Planning Commission Draft September 8, 2009 Meeting Minutes
not real manageable. Simons sees physical fitness clubs as standing out from other uses. He
asked what happens outside of 9-5 p.m. The Commission asked to exclude urgent cares from
medical clinics as permitted uses and physical fitness clubs to be a CUP.
Staff was asked to research the distance a business district should be from highway 55.
Accessory uses - Finke explained when the Commission discussed general business land uses the
thought was to allow warehousing as an accessory use up to 30% and anything over 30% would
require a CUP in the business districts.
Finke explained residential uses being accessory uses and that it could be allowed under CUP or
PUD. Lorsung suggested residential uses be allowed as an accessory use. Finke explained this
change would trigger a need for a policy change.
Lorsung stated vacant properties zoned business adjacent to rural residential are not as
marketable for all businesses. R. Reid asked if it's more a mixed use. Lorsung stated the entire
area would not be needed for office and it would have a need for residential.
R. Reid said she recalls a high density residential use near rural residential and concern was
raised about the higher density near rural residential. The Commission concluded to not add a
residential component at this time.
V. Reid asked for another column to be added incorporating existing regulations pertaining to lot
width, size, and depth.
Lifts explained staff s examples aren't adjacent to hobby farms like in Medina. She said Medina
is unique with its rural areas. She informed the Commission that no matter what is done within
the business districts it would be difficult due to all the rural residential neighboring properties.
Finke explained lot sizes were reduced as a recommendation of staff, not the applicant.
Nolan said if lots were required to have a 3 acre minimum it would eliminate a lot of uses to be
able to develop. Finke explained why subdividing is necessary. Nolan advocated a lesser
acreage minimum.
Williams interprets the minimum acreage a mandate to develop. He said sometimes the goals
can be incompatible and suggested the lot size be reduced. Litts said she was more concerned
with setbacks.
Finke stated impervious surface was recommended to stay the same. Weir asked the
Commission if they wished to put a cap on the maximum impervious surface. The Commission
suggested 80 percent be the maximum coverage for the BP district and 85 percent for the B
district.
Finke explained two ways to look at a property if a lot has wetlands. He said the idea is to avoid
paving all upland property.
5
Medina Planning Commission p„ej y-7 Draft September 8, 2009 Meeting Minutes
tere
R. Reid asked if a 3rd story setback is appferniatc. Weir commented if it faced residential it
could be appropriate. Finke clarified to remove a 3rd story setback.
The Commission concluded outside storage as recommended was sufficient.
Doug — sked the Commission if they knew the height of the fire department ladder. Finke
ned the ladder goes to the eave of a 3rd story building. Finke explained Gramercy is three
stories and the fire department was actively involved in the process for accessibility.
The Commission discussed building materials and Lorsung requested EFIS to be allowed.
Williams said he was familiar with EFIS and explained issues relating to installation and
building codes. The Commission asked for more research to be done by staff for the City
Council to review the material as a possible accent material.
The Commission discussed building modulation. R. Reid said 40 foot modulation requirements
would make a building appear cluttered. Nolan suggested changing the standards to so many
feet or a percentage (25% of length of wall — scale of wall — no wall greater than 100 feet long.).
The Commission concluded windows as recommended was sufficient.
The Commission concluded multi -sided fa9ade as recommended was sufficient.
The Commission concluded rooftop equipment as recommended was sufficient.
V. Reid questioned the side yard of loading docks and the Commission discussed. No change
recommended.
Public Hearing was closed at 9:45 p.m.
Summary of recommended changes or research to be completed by staff:
1. Correct page 20 of ordinance to require animal waste to be picked up "daily" plus the
language regarding 2000 square feet be taken out.
2. Laboratories as conditional uses
3. Add contractor services to BP district
4. Eliminate all IUP's
5. Move physical fitness clubs to CUP in BP district
6. Add a condition under the B district to require a 300-500 foot limitation to the highway
55 corridor for uses listed as CUP'S
7. Review lot depths and lot widths
8. Add warehouse as CUP in BP district
9. Eliminate Adult establishments
10. Define more medical offices/in patient - urgent cares as CUP
11. Change semi -conductor definition on page 2 to manufacture electronic components'aftel-
�/
�- ct SSe_,,,...b 4
Medina Planning Commission Draft September 8, 2009 Meeting Minutes
12. Item 14 — clerical typo regarding products
13. Revise lot standards for BP district to 3 acres and 1-1/2 acres for B district
14. Research the use of EFIS as an accent design material and verify the Fire Marshal's
position on the use of EFIS
15. Revise building modulation language (percentage of linear wall space)
Motion by R. Reid, seconded by Nielsen to approve the ordinance amendment with
recommended changes. (Absent: None)
7. City Council Meeting Schedule: Litts may be able to attend next meeting, otherwise
Williams.
8. Adiourn: Motion by Simons, seconded by Nielsen to adjourn at 10:00 p.m. Motion
carried unanimously. (Absent: None)
7
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial H ighway, Suite 202, Golden Valley, M N 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(cunacplanning,com
MEMORANDUM
TO: Medina Mayor and City Council
Medina Planning Commission
FROM: Stephen Grittman / Laurie Smith
DATE: October 7, 2009
RE: Medina — Mixed Use Zoning District
FILE: 306.04
BACKGROUND
Attached is a proposed Mixed Use Zoning District ordinance. This district is designed to
implement the Mixed Use future land use category identified in the Comprehensive
Plan. The Comprehensive Plan describes the Mixed Use land use classification as one
that would provide opportunities for multiple, compatible uses on a single site including
a residential component as well as general business, commercial, office and public semi
public uses. In each case, however, the primary use of the site must be residential.
The Comprehensive Plan has established that the required residential density in mixed
use developments is 3.5 units per acre up to 7 units per acre.
ANALYSIS
Purpose. The first section of the proposed ordinance outlines the objectives or
"purpose statement" of the Mixed Use District. These purpose statements incorporate
the objectives for the Mixed Use land use designation as outlined in the Comprehensive
Plan as well as guidelines for establishing thoughtful and creative mixed use
developments that do not negatively impact surrounding land uses and the community.
Uses. In order to meet required densities, permitted residential uses would include
small lot single family, two family, townhomes and multiple family units with 16 or fewer
units per building. The uses allowed in the City's existing R-2 District (Two Family
Residential) and R-3 District (Residential -Mid Density) would fit within the required
density range for the Mixed Use District and, as such, we have simply incorporated all
of these permitted, conditional and accessory uses as those for the residential
component in mixed use developments.
For the general business, commercial, office and public semi public component of the
Mixed Use District, we have proposed to use the same permitted, conditional and
accessory uses as those currently allowed within the City's CG District (Commercial -
General). The CG District offers a range of commercial, office and public semi public
uses while not being too intensive.
Lot Standards. Similar to the way the uses have been established in the proposed
Mixed Use District, the lot standards for the various residential and commercial uses are
the same as those in the R-2, R-3 and CG Districts. We have compartmentalized the
setback, lot width, lot depth and impervious surface requirements into a table so that
these standards can be easily accessible to property owners and prospective
developers.
Design and Development Standards. Design and development standards have also
been incorporated into the proposed Mixed Use District by using existing standards for
uses in the R-2, R-3 and CG Districts. We have included the full text of these standards
in the Mixed Use District, however, an option that the Planning Commission and City
Council may want to consider is simply referencing the existing sections of the Zoning
Ordinance which contain these standards rather than listing them out completely in the
Mixed Use District.
We have proposed new buffer yard standards for mixed use developments. These
proposed new standards are a modification from the buffer yard standards that were
recently adopted by the City. Rather than describing what type of buffer yard is
necessary based on the proposed and adjacent zoning districts, we have proposed that
the type of buffer yard necessary is based on the proposed and surrounding land uses.
This is more applicable to developments within the Mixed Use District as many types of
uses are allowed within one type of zoning district and internal (in -district) buffering may
be necessary in some cases.
Process. The draft Mixed Use District includes a process section that describes the
required steps that property owners will need to follow to bring a mixed use
development from initial concept to construction. The application process consists of a
three stage review process that begins with an overview of the site and the land uses
planned for the mixed use project. At Stage I, the focus will be on establishing the
parameters for the project, setting the public improvement requirements and identifying
the development goals. The Stage I Plan is intended to be a recordable description of
the development on all of the land subject to the proposal, even though the project
construction may be phased over time.
Stage II consists of a more detailed development plan, similar to what the developer
would be expected to prepare for a complex Conditional Use Permit request. Coupled
2
with the development descriptions given in the Conditional Use documents would be a
Preliminary Plat submission that defines the ultimate subdivision changes to be made.
As with many phased projects, the applicant may final plat only a portion of the
development for immediate construction, while creating outlots for future development
phases — the Stage I Plan will serve as the guiding document when future phases are
ready for review and construction. Both Stage I and Stage II Plan reviews follow the
process laid out for Conditional Use Permits, thus requiring a public hearing at each
stage of review. The proposed Mixed Use District language also grants the Zoning
Administrator authority to waive certain procedural regularities to allow the coordinated
review of the zoning and subdivision portions of the project.
Stage III is essentially a staff -level review to ensure that final development documents
reflect the requirements made at the previous levels of approval, and to get all
documents, including the development contract, signed and recorded prior to the
issuance of construction permits. The Stage III section contemplates that the City may
have some flexibility in issuing certain permits, such as grading or utility permits, prior to
final recording. This is most often done when the City is certain that it has adequate
securities in place to ensure proper work and recovery of costs.
This process is a modified Planned Unit Development (PUD) review process. The
elements that set it apart from typical PUD requirements are the specificity of the
standards that apply to development in the Mixed Use District. Generally, in PUD
developments, the applicant and the City need to negotiate from relative unknown
positions. The Mixed Use District structure should be able to firmly establish the
baseline development requirements and avoid the difficulty that the PUD process often
can cause.
CONCLUSION
The Medina Planning Commission will be conducting a public hearing on the proposed
Mixed Use District ordinance at their meeting on October 13, 2009. A copy of the City's
Draft Future Land Use Plan showing the parcels guided for Mixed Use development is
attached to this report for reference. Also attached is a summary of the City Planner's
comments on the initial draft district for consideration by the Planning Commission as a
part of its review.
c. Chad Adams
Dusty Finke
Debra Peterson -Dufresne
3
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
MEMORANDUM
TO: Medina Mayor and City Council
Medina Planning Commission
FROM: Laurie Smith/Stephen Grittman
DATE: October 9, 2009
RE: Medina — Mixed Use Zoning District
NAC FILE: 306.04
This memorandum supplements the consultant staff cover memo and is intended to
summarize the City Planner's comments on the original draft ordinance. They are
included here for convenience of review, and will be integrated into the discussion at the
public hearing. The comments are variably related to form, internal referencing, and
occasionally, substantive content. We have not made any changes to the original draft,
and instead are forwarding all of the material in its draft form for full review at the the
public hearing.
Subd. 1 (d) (ii). (page 2 of Draft)
Noting the reference regarding buffer yards — This should be changed to refer to the
internal buffer requirements in the MU District rather than the general buffer standards
in Sect. 828.
Subd. 2 (table) (page 4 of Draft)
Noting that lot width in the R-2 District is 60 feet rather than the listed 75 feet.
Subd. 3 (b) (page 5 of Draft)
Noting the reference to lots of record — this can be deleted as there are no lots of record
in the MU District areas that would require this special exception language.
Subd. 1 (c) (page 6 of Draft)
Noting a need to locate the referenced density incentives.
Subd. 2 (a) (page 6 of Draft)
Noting a change to the height limit — changed by the City in the final residential district
standards to 32 feet (from the 30 feet referenced in this draft)
Subd. 2 (f) (page 7 of Draft)
Noting a requirement for Enclosed Parking requirements for Townhouses — questioning
whether this requirement should be located in subp.(c) relating to other parking
requirements.
Subd. 3 (a) (ix) (page 8 of Draft)
Noting an exclusion of on -site housing as an allowance for Religious Institutions —
questioning whether this exclusion should apply in the MU District.
Subd. 4 (a) (iii) (page 10 of Draft)
Noting reference to a requirement for planting of 2 front yard trees — suggesting that
only one may need to be required in the front yard for the MU District.
Subd. 5 (e) (page 14 of Draft)
Noting imported references to building design — suggesting that other standards may be
better to apply.
Subd. 2 (b) (page 25 of Draft)
Noting the reference to "Phase I" — suggesting that this should instead refer to the
"current Phase).
Subd. 4 (b) (page 25 of Draft)
Noting the reference to a "time as may be required by Minnesota law" — questioning the
need for this reference.
Subd. 5 (c) (ii) page 26 of Draft)
Noting the General site analysis — suggesting that an identification of "developable land"
would be a good addition to the list of required submissions.
2
Subd. 8 (c) (page 28 of Draft)
Noting the requirement to use the CUP submission requirements — suggesting that the
submission requirements for Site Plan review, or similar, may be more appropriate.
Subd. 10 (page 28 or Draft)
Referring to the Stage III Plan — considering whether it may be better to add these
requirements to the Stage II review and address the administrative components at a
permitting level.
3
Map 5-2
City of Medina
Future Land Use Plan
Legend
Guide Plan
Rural Residential
— Agriculture
Developing -Post 2030
Low Density Res 2.0 - 3.49 WA
Medium Density Res 3.5 - 6.99 U/A
ags High Density Res 7 - 30 U/A
® Mixed Use 3.5 - 6.99 UM
- Mixed Use - Business 7 - 45 U/A
- Commercial
_ General Business
® Industrial Business
® Private Recreation (PREC)
111111 Parks and Recreation
_ P-R - State or Regional
® Open Space
INN Public Semi -Public 0 U/A
Closed Sanitary landfill
Right -of -Way
"This map is not perfectly predse.
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 63
Scale: 1:30.000
DRAFT
Miles
0 0.25 0.5 1
CITY OF MEDINA
ORDINANCE NO. ###
AN ORDINANCE ADDING SECTION - MIXED USE (MU) DISTRICT TO THE
MEDINA ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section of the Medina code of ordinances is added to include the Mixed Use
(MU) District as follows:
SECTION
MIXED USE (MU) DISTRICT
Section Mixed Use (MU) - Purpose. The purpose of the Mixed Use District is to integrate
a mix of uses to promote housing and commercial diversity. New developments in the Mixed
Use District shall be consistent with the following objectives:
(1) this District shall consist of creat tsidential and conunercial
development that preserves open .natures.
(2) A residential density shall range from 3.5 units per acre to 6.99 units per acre over a
minimum of half of the developable; area.
(3) Residential development shall compliment existing development in surrounding.
residential neighborhoods.
(4) Developments shall incorporate creative design and buttering tecluuques to ensure
smooth transitions between different types of development or different intensities of uses.
(5) Developments shall be easily accessible to pedestrians, bicyclists A transit users.
(6) Development shall include high quality and attractive building materials and architectural
design as %yell 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.
(7) Development in the MU District must demonstrate consistency with goalspolicies and
other elements of the Comprehensive Plan.
(8) Development must be designed to be served with public utilities, streets and other
infrastructure without separate City investments, including the necessary extension of
such infrastructi v c ri r :t with surrounding existing, and/or fixture development,
Section (MU) Permitted Uses.
Subd. 1. Residential Uses.
Mixed Use Zoning District - DRAFT
October 7, 2009
Comment [LS1]: Same as R-2 and R-
3 Districts
(a) Single Family Detached Dwellings
(b) Two Family Dwellings
(c) Townhouse Dwellings, provided no structure contains more than six dwelling units
(d) Multiple Family Structures, provided that:
(i) No structure shall contain more than 16 units; and
(ii) A development with one or more structures containing more than eight dwelling
units shall install a buffer yard with an opacity at least 0.1 greater than the R3
District requirement as described by Section 828.31.',
(e) Parks and Open Space
(f) Essential Services
Subd. 2. CommercialI[Jsesl.
(a) Essential Services
(b) Office Uses
(c) Parks and Open Space
(d) Public Services
(e) Retail Uses, except the following uses are not permitted uses: pet stores, pawn shops, and
adult establishments.
(f) Service Uses, except the following are not permitted uses: hospitals, veterinarian clinics,
adult establishments, services related to automobiles, and services delivered off -site,
including but not limited to building/lawn contractors, electrical and other skills trades
and pest control.
(g) Warehousing, Wholesaling, and Distributors not exceeding 10,000 square feet
�� 9r undetG
Section
(MU)Conditional Uses.
Subd. 1. Residential Conditional jUses.
(a) Religious Institutions
(b) Educational Facilities
(c) Day Care Facilities serving 16 or fewer persons
(d) State Licensed Residential Facility or housing with services establishment registered
under Chapter 144D
Subd. 2. Commercial Conditional Uses.
(a) Structures which exceed 50,000 square feet in floor area
(b) Assembly or manufacturing of light industrial products, except not the following uses and
processes: leather tanning; paper manufacturing; meat slaughtering or rendering; metal
plating; Teflon coating or similar coatings requiring high temperatures; the use of heavy
or other drop forges; the use of heavy or other hydraulic surges; or the use of any devices
capable of detection at the property line.
(c) Automobile, Marine, or Trailer Sales or Rental
Mixed Use Zoning District - DRAFT
October 7, 2009
2
qN\
4/7 (t)
Comment [Finkel]: Is this a correct
reference, or should it be to the Buffer
Yard requirements of the MU district?
Comment [LS3]: Same as CG District
Comment [LS4]: Same as R-3 District
Comment [LS5]: Same as CG District
(d) Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops
(e) Automobile Towing
(f) Car Washes or Auto Detailing
(g) Drive -through services
(h) Hospitals
(i) Indoor Recreational Uses, including but not limited to bowling alleys, dance halls, movie
theaters, and live entertainment.
(j) Pet Stores
(k) Warehousing, Wholesaling or Distributors more than 10,000 but less than 20,000 square
feet
(1) Veterinarian Clinics
Section (MU) Accessory Uses.
Subd. 1. Residential Accessory Uses.
(a) Garages or detached private structures, except no such structure shall contain components
to constitute a separate complete dwelling unit
(b) Off-street parking
(c) Private swimming pools and sport courts
(d) Home occupations
(e) Signs, subject to the requirements of the sign ordinance
Comment [LS6]: Same as R-2 District
Subd. 2. Commercial Accessory IJses. Comment [LS7]: same as cc District]
(a) Off-street parking and loading
(b) Outdoor dining and/or drinking areas, subject to the requirements established in Section
838.5.08.
(c) 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 838.5.08.
(d) Outdoor recreational sports courts, subject to a conditional use permit and the
requirements established in Section 838.5.08.
(e) Outdoor storage, subject to a conditional use permit and the requirements established in
Section 838.5.08.
(f) Signs, subject to the requirements of the sign ordinance
(g) Temporary Outdoor Sales Events, subject to an administrative review of compliance with
the requirements established in Section 838.5.08.
Section (MU) Lot Standards.
Subd. 1. Residential Lot Area Standards.
(a) Minimum Lot Size (Single Family Detached): 8,000 square feet, Comment [LSs]: Same as R-2 District
(b) Minimum Lot Size (Two Family Dwelling): I5,000 square feet per unit Comment [LS9]: Same as R-2 District
Mixed Use Zoning District - DRAFT 3
October 7, 2009
(c) Minimum Net Area per Unit (Townhome and Multiple Family Units): 18,750 square feet
per unit{
(d) Maximum Net Area per Unit (Townhome and Multiple Family Units): 12,500 square
feet per uniti
Subd. 2. Residential Lot Standards.
Comment [LS10]: Same as R-3
District
Comment [LS11]: Same as R-3
District
Setbacks
Lot Width
Lot
Depth
Impervious
Surface
Maximum
Front
Side
(Interior)
Street Side*
Rear
(Single
Family
25 feet, 30
feet when
garage doors
face street,
20 feet for
side -load
garage
15 feet
combined,
neither
shall be
less than
5 feet, at
least one
shall be
10 feet
Local or
private
street: 25
feet, 30 feet
when garage
doors face
street, 20
feet for side-
load garage;
Minor
Collector: 35
feet; Major
Collector or
Arterial: 50
feet
25 feet,
reduced_ to 15
feet if
abutting open
space or
common area
75 feet, 90
feet for
lots
adjacent to
collector
or arterial
roadway
90 feet
50%- of Comment [Finke13]: R-2 is 60 feet
total lieomment
area, 6 District
of lot area
remaining
after
wetlands
and
stormwater
ponds are
excluded
[LS12]: Same as R-2
Two
Family
25 feet, 30
feet when
garage doors
face street,
20 feet for
side -load
garage
10 feet,
reduced to
0 feet for
common
wall
between
two
dwelling
units
Local or
private
street: 25
feet, 30 feet
when garage
doors face
street, 20
feet for side-
load garage;
Minor
Collector: 35
feet; Major
Collector or
Arterial: 50
feet
25 feet,
reduced to 15
feet if
abutting open
space or
common area
50 feet per
unit, 70
feet for
unit
adjacent to
collector
or arterial
roadway
90 feet
50% of
total id -Comment
area, 5 _District
of lot area
remaining
after
wetlands
and
stormwater
ponds are
excluded
[LS14]: Same as R-2
[LS15]: Same as R-3
Townhome
& Multiple
Family
Units
Setback from
perimeter of
site**: 20
feet, 40 feet
if adjacent to
30 feet
between
buildings
Private
street: 25
feet except
parking
areas and
Setback from
perimeter of
site**: 20
feet, 40 feet
if adjacent to
None
None
50% of
total lot
area, 65%
of lot Comment
remair. Dissttrict
Mixed Use Zoning District - DRAFT
October 7, 2009
4
or across
recreational
or across
after
street from
less intensive
areas,
reduced to
street from
less intensive
wetlands
and
zoning
15 feet if
zoning
stormwater
district;
garage doors
district;
ponds are
setback shall
do not face
setback shall
excluded
be increased
street; Local
be increased
as necessary
street: 40
as necessary
to
feet;
to
accommodate
Collector or
accommodate
required
Arterial: 50
required
buffer yards
feet
buffer yards
* 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
** Shall apply to structures, parking and recreational areas
Subd. 3. Commercial Lot Area Standards.
(a) Minimum Lot Size: One acre. The minimum lot size may be reduced to 0.5 acre if the
lot is part of an integrated development utilizing shared improvements such as parking
and stormwater management, as approved by the City.
(b) A lot of record, which existed on or before December 31, 1999, and has one or more of
the following characteristics shall be considered buildable, without requiring a variance,
provided all other relevant provisions of the ordinance are met:
(i) Less than the required lot size
(ii) Less than the required lot width
(iii) Less than the required lot depth
Subd. 4. Commercial Lot Standards.
Comment [Finke16]: This can be
deleted...there are no MU lots of record
Comment [LS17]: Same as CG
District
Setbacks
Lot
Width
Lot
Depth
Impervious
Surface
Maximum
Front
Side
(Interior)
Street
Side*
Rear
Adjacent
Residential
Adjacent
Railroad
Parking Areas
25
feet
10 feet
Local
street: 25
feet;
Minor
Collector:
35 feet;
Major
Collector
or
Arterial:
50 feet
20
feet
50 feet
0 feet
except as
necessary
for
safety,
fire
access, or
utility
purposes
Front yard: 25
feet; Rear/Side
(Interior): 5
feet, except to
accommodate
shared/joint
parking across
common lot
line; Street side:
25 feet;
Adjacent
residential: 25
feet
100
feet
120
feet
75% of
total lot
area, 80%
of lot area
remaining
after
wetlands
and
stormwater
ponds are
excluded
* A required yard setback adjacent to a public or private street shall be increased based on the classification of the street in the
Mixed Use Zoning District - DRAFT
October 7, 2009
5
Comprehensive Plan
Section
(MU) Design and Delopment Standards.
Subd. 1. General Standar.
mum Residents
.)inimum
Iaximum
csidential area.
detached dwellir
dwellings.
Areas within 300 line---f-ar eet ofFrunk highway 55 shall be utilized for business or
-------------
commercial land uses.
as zoned Mixed 1 fse, and withinl 100 ife_et ofpropel ty designated in the
�.. omprehensive Plan for low density residential development, shall be comprised of
only single family detached or two family attached dwellings.
Aliere the two standards tin (f) and (g) above (conflict, standard (1) shall have
--- - -- --
precedence,
d Use District:
unity: 3.5 dwelling units_per net acre.
e devoted to residential uses: 50°0 of net developable land.
dwelling units per acre 1(see density incentives)..
assist of mote than one dwelling unit style, e g. single family
tied townhouses or two-family dwellings, or multiple family
Subd. 2. Residential Design and Development Standards.
(a) Maximum Building Height. All buildings shall meet the following requirements:
(i) Building height shall not exceed 30 feet, but the maximum building height shall
be increased to 35 feet if the structure is equipped with a compliant fire sprinkler
or if interior side yard setbacks are increased by 50 percent.
(ii) No building shall exceed two and one-half stories in height, with a limitation of
two stories facing a street.
(iii)Maximum distance from ground to eave. In no case shall the vertical distance
from the lowest ground level (at the footprint of the building and eight fee out) to
the eave be greater than 30 feet.
(b) Building Materials.
(i) All exterior building materials shall be durable and consistent with relevant codes,
regulations and other industry standards.
(ii) Multiple Family Units. No less than 20 percent of any fagade facing a public or
private street shall be an accent material. These materials may include shakes,
brick, stone, face brick, decorative concrete, or others approved by the City. No
less than 50 percent of the vertical exterior building materials shall be non-
combustible material such as brick, face brick, decorative concrete or others
approved by the City.
(c) Garages.
(i) Single Family and Two -Family Units. Each principal dwelling unit shall include
garage space with a minimum capacity of two vehicles.
(ii) All Units. In the case that garage doors occupy more than half of the horizontal
building fapade facing a street, architectural elements shall be provided to reduce
the monotonous appearance of garage doors. These elements may include
Mixed Use Zoning District - DRAFT 6
October 7, 2009
COMMent [Finke18]: I could not
Find the density incentives
Comment [LS19]: option: may
Comment [LS20]: 300 feet?
Comment [LS21]: 100 feet?
Comment [Finke22]: Did we mean
(e) and (f)
Comment [LS23]: Same as R-2 and
R-3 District
Comment [Flnke24]: We changed
this language on the adopted version. It
went up to 32 fet
Comment [LS25]: Same as Single
and Two Family Standards (Section
840.3) and Multiple Family Standards
(Section 841.1)
Comment [LS26]: Same as Single
and Two Family Standards (Section
840.3) and Multiple Family Standards
(Section 841.1)
varying setback of garage doors, differentiating roof designs, constructing
dormers, and installing garage doors with windows or other design elements
(d) Utilities.
(i) Utilities shall be placed underground.
(ii) Mechanical and HVAC equipment serving individual dwellings shall be screened,
to the extent possible, from all public or private streets as well as from adjacent
structures.
(iii)Equipment which serves more than one dwelling unit shall be screened as
follows:
• 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.
• 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.
(e) Building Modulation and Articulation (Townhomes and Multiple Family Units).
Buildings shall be modulated a minimum of once per 50 feet of building perimeter to
avoid long, monotonous building walls. This may include varying building height,
building setback, building orientation, roof pitch, roof design, or significant differences in
building materials/design.
(f) (Enclosed Parking. Townhomes shall include garage space with a minimum capacity of
two vehicles and multiple family structures shall include a minimum of one enclosed or
underground parking stall per dwelling unit.
(g) trash and Recycling Facilities. I
(i) Trash and recycling bins for individual dwelling units shall be stored so not to be
prominently visible from streets or neighboring units.
(ii) For all other uses, all trash and recycling shall be stored within the principal
building, within an accessory structure, or within an enclosed outdoor area easily
accessible from the principal structure. The accessory structure or enclosed area
shall be constructed of similar materials and have the compatible architecture as
the principal structure and shall abide by yard setback requirements.
Subd. 3. Supplemental Requirements for Specific Residential Uses.j
(a) Religious Institutions.
(i) the minimum.lot size shall be increased to 4 acres;
(ii) the minimum lot width and depth shall be increased to 300 feet;
(iii)shall abut an arterial roadway or abut a collector roadway no more than 1,500
feet from an intersection with an arterial roadway;
(iv) no exterior bells or loudspeakers;
(v) buffer yard requirements adjacent to or across a street from property of a less
intensive zoning district or the same zoning district shall be increased to an
opacity measurement of 0.5. Buffer yard requirements are described in Subd.8 of
this Section.
Mixed Use Zoning District - DRAFT 7
October 7, 2009
Comment [LS27]: Same as Single j
and Two Family Standards (Section
840.3) and Multiple Family Standards j
(Section 841.1)
Comment [LS28]: Same as Multiple
Family Standards (Section 841.4)
3 Comment [LS29]: Same as Multiple
Family Standards (Section 841.4)
r
Comment [Finke30]: Should this be
up in clause c?
Comment RS31]: Same as Multiple
Family Standards (Section 841.4)
Comment [1.532]: Same as Section
841.4.05 — Supplemental Requirements
for Specific Uses within the R-3, R-4, and
R-5 Residential Zoning Districts
excluding Subd. 3 (Assisted Living
Facilities, Nursing Homes, and Similar
Uses) since those are not allowed uses in
the R-3 District
-'r Comment [LS33]: Proposed buffer
yard standards specific to Mixed Use
(vi)structures shall cover no more than 20 percent of the lot, and the maximum
combined floor area of all structures on a property shall not exceed 40,000 square
feet;
(vii) sanctuary seating capacity shall not exceed 500 persons;
(viii)the number of persons on -site at any given time shall not exceed two times the
capacity of the sanctuary, with the exception of larger events no more than four
times per year. The city may place further limitations on the number of persons
on -site based on the number of parking stalls provided;
(ix) residential use shall not be permitted, with the following exceptions:
• housing for clergy employed at the property, as an accessory use. Such
housing shall not exceed 4,000 square feet in floor area of habitable space,
which shall be counted against the total floor area allowed on a site; or
• continuation of a residential use existing on the property prior to the
religious institution being established. Continuation of a residential use
shall be limited in term and be subject to Interim Use Permit approval;
(x) the property shall not be utilized for for -profit purposes, or regularly utilized by
for -profit entities;
(xi) playgrounds and outdoor recreational areas shall be set back a minimum of 100
feet from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(xii) exterior building materials shall consist of the following materials: brick, natural
stone, stucco, Exterior Insulation and Finish System or similar product, copper,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. A maximum of 20 percent of the vertical
building exterior may be metal or fiber cement lap siding or other materials
approved by the city, if used as accent materials which are integrated into the
overall building design.
(xiii) the city council may require compliance with any other conditions, restrictions
or limitations it deems to be reasonably necessary to protect the residential
character of the surrounding area.
(b) Educational Facilities.
(i) the minimum lot size shall be increased to 4 acres;
(ii) the minimum lot width and depth shall be increased to 300 feet;
(iii)shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(iv) no exterior bells or loudspeakers;
(v) buffer yard requirements adjacent to or across a street from property of a less
intensive zoning district or the same zoning district shall be increased to an
opacity measurement of 0.5. 'Buffer yard requirements are described in Subd.8 of
this Section.
(vi)structures shall cover no more than 20 percent of the lot, and the maximum
combined floor area of all structures on a property shall not exceed 40,000 square
feet;
(vii) the number of persons on -site at any given time shall not exceed 700, with the
exception of larger events no more than four times per year. The city may place
Mixed Use Zoning District - DRAFT 8
October 7, 2009
Comment [Finke34]: Is this
necessary in a MU area?
Comment [LS35]: Proposed buffer
i yard standards specific to Mixed Use
further limitations on the number of persons on -site based on the number of
parking stalls provided;
(viii)the property shall not be utilized for for -profit purposes, or regularly utilized by
for -profit entities;
(ix) playgrounds and outdoor recreational areas shall be set back a minimum of 100
feet from residential property with adequate screening to protect neighboring
properties from noise and adverse visual impacts;
(x) exterior building materials shall consist of the following materials: brick, natural
stone, stucco, Exterior Insulation and Finish System or similar product, copper,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative pre -cast concrete panels. A maximum of 20 percent of the vertical
building exterior may be metal or fiber cement lap siding or other materials
approved by the city, if used as accent materials which are integrated into the
overall building design.
(xi) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the surrounding area.
(c) Day Care Facilities serving 16 or fewer persons
(i) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(ii) shall not be operated within a townhome or multiple family structure;
(iii) parking requirements shall be based on the number of employees of the facility
and the number of clients to be served. Circulation shall be sufficient so drop-off
and pick-up of clientele does not interfere with the right-of-way;
(iv) sufficient outdoor recreational areas shall be provided;
(v) the facility shall meet licensing requirements as required by law;
(vi) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the surrounding area.
(d) State Licensed Residential Facility or housing with services establishment registered
under chapter 144D, serving 16 or fewer persons
(i) shall abut an arterial roadway or abut a collector roadway no more than 1,500 feet
from an intersection with an arterial roadway;
(ii) shall not be operated within a townhome or multiple family structure;
(iii) parking requirements shall be based on the number or residents at the facility as
well as the number of employees. Parking for residents of the facility shall be
enclosed or underground, consistent with the requirements of the zoning district;
(iv) the facility shall meet licensing requirements as required by law;
(v) the city council may require compliance with any other conditions, restrictions or
limitations it deems to be reasonably necessary to protect the residential character
of the surrounding area.
Subd. 4. Residential Landscaping Requirements.
Mixed Use Zoning District - DRAFT 9
October 7, 2009
(a) 'Single and Two Family Units.
(i) Generally. Each lot shall be landscaped, except for areas occupied by buildings,
driveways, walks, patios, recreational areas, wetlands, wetland buffers and
woodlands. Landscaping shall include trees, shrubs, plantings and turf grass.
Properly maintained prairie or natural vegetation may be utilized within buffer
yards. Integrated stormwater management practices, such as vegetative swales,
vegetated filter strips, bioretention, and raingardens, shall be considered
landscaping and shall not be excluded from the gross acreage of the parcel when
calculating impervious surface coverage.
(ii) Lawn Establishment. The entire lot and adjacent right-of-way to the edge of the
street shall be landscaped and vegetation established prior to issuance of a
certificate of occupancy for a new home.
• Financial Guarantee Option. If vegetation is not established at the time of
certificate of occupancy, the city may accept a fmancial guarantee and
provide access to the property, as required by the City Council, it ensure
that landscaping is completed within one year.
• Type of Ground Cover. Low maintenance and water conserving
altematives to traditional Kentucky bluegrass are encouraged and may be
seeded. Otherwise, sod or hydro -seed application shall be required.
(iii)Front Yard Trees. A minimum of two overstory trees shall be required to be
planted prior to issuance of a certificate of occupancy for each dwelling unit.
Trees shall meet the following requirements:
• Financial Guarantee Option. If the trees are not planted at the time of
certificate of occupancy, the city may accept a financial guarantee, as
established by the city council, to ensure that planting occurs within one
year.
• Size. Deciduous trees shall not be less than two caliper inches measured
four feet off ground, and coniferous trees shall not be less than six feet in
height.
• Location. For single-family dwellings, lboth trees shall be located within
15 feet of the front lot line. For two-family dwellings, at least one of the
trees shall be located within 15 feet of the front lot line. Trees shall be
located in a way which does not interfere with utilities.
• Type. Trees shall be suitable for the soil and site conditions and
compliment others in the area. Native species, as listed within the tree
preservation ordinance are required, unless otherwise necessary. Species
with known vulnerability to disease or infestation shall not be permitted. The
trees shall not be of a single species and, to the extent possible, should be
differentiated across the neighborhood so that no more 25 percent are from
one species.
• Credit for Preserved Trees. The city may reduce the required number of
overstory trees if existing trees are preserved in the front yard. In order to
receive credit, the trees shall satisfy the requirements of the Tree
Preservation Ordinance, Section 828.41.
(iv)Maintenance. The property owner shall be responsible to see that landscaping is
maintained in an attractive and well -kept condition and to replace any landscaping
Mixed Use Zoning District - DRAFT 10
October 7, 2009
Comment [LS36]: Same as Section
840.3.04
Comment [Rnke371: This is
borrowed from the R-1 and R-2 regs.
Upon further reflection, it may be better
to only require one of the trees to be in
the front.
that does not survive. Irrigation for landscaping and lawns shall be consistent
with city water usage regulations.
(v) Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the
City's Tree Preservation Ordinance Section 828.41.
(b) (Single Family and Two Family Development Sites.
(i) Generally. All areas within a development site shall be landscaped, except for
areas occupied by streets, sidewalks, trails, buildings, driveways, walks,
recreational areas, plaza space, wetlands, wetland buffers, and woodlands.
Landscaping shall include trees, shrubs, plantings, and turf grass. Properly
maintained prairie and natural vegetation is encouraged within common open
space and buffer yards. Species with known vulnerability to disease or infestation
shall not be permitted. Integrated stormwater management practices, such as
vegetative swales, vegetative filter strips, bioretention, and raingardens, shall be
considered landscaping and shall be included in the gross acreage of the parcel
when calculating impervious surface coverage.
(ii) Maintenance. The developer shall be responsible for establishing a long-term
maintenance plan to see that common space and buffer yard landscaping and
fencing is maintained in an attractive and well -kept condition and to replace any
landscaping that does not survive. Landscape irrigation, where necessary, shall be
consistent with water usage regulations.
(iii)Landscaping Guarantee. The developer shall guarantee the growth and
maintenance of all plants for a minimum of two growing seasons following an
inspection of all completed plantings.
• The developer shall submit a fmancial guarantee and provide access to the
property, in forms acceptable to the city, prior to issuance of any building
permit to ensure the planting and survival of the plantings. The developer
may transfer financial guarantee responsibility to another willing entity.
• Any plant which does not survive or has severely declined (for example,
25% of the crown has died in the case of trees) shall be replaced, and the
replacement will be guaranteed for an additional two growing seasons.
After the additional growing seasons, any of the new plants which do not
survive or have severely declined shall be replaced. After provisions have
been made for maintenance of these new plants, the city shall release any
remaining financial guarantee.
(iv)Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the
City's Tree Preservation Ordinance Section 828.41.
(c) Townhome and Multiple Family Development Sites.
(i) Generally. All areas within a development site shall be landscaped, except for
areas occupied by streets, sidewalks, trails, buildings, parking lots, driveways,
walks, recreational areas, plaza space, wetlands, wetland buffers, and woodlands.
Landscaping shall include trees, shrubs, plantings, and turf grass. Water
conserving alternatives to traditional Kentucky -Bluegrass are encouraged.
Properly maintained prairie or natural vegetation is encouraged within common
open space and buffer yards. Species with known vulnerability to disease or
Mixed Use Zoning District - DRAFT 11
October 7, 2009
Comment [LS38]: Same as Section
840.3.03 excluding Subd. 2 (Buffer
Yards)
Comment [LS39]: Same as Section
841.4.03 excluding Subd. 3 (Buffer
Yards)
infestation shall not be permitted. Integrated stormwater management practices,
such as vegetative swales, vegetated filter strips, bioretention, and raingardens,
shall be considered landscaping and shall be included in the gross acreage of the
parcel when calculating impervious surface coverage.
(ii) Building Setting. At least 10 feet of landscaped area shall be provided adjacent to
all buildings except for walks, driveways, and plaza/patio space. Walks within
this landscaped area shall be limited to where practically necessary to serve access
points of buildings.
(iii)Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree
per 60 feet, or fraction thereof, of lot perimeter shall be required. Any lot
perimeter for which a buffer yard is required shall be excluded from this
calculation.
• Size. Deciduous trees shall not be less than two caliper inches measured
four feet off ground, and coniferous trees shall not be less than five feet in
height.
• Location. Tree location shall be approved by the city prior to planting.
• 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.
• 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.
(iv)Ornamental Trees. A minimum of one tree per 120 feet, or fraction thereof, of lot
perimeter shall be required. Any lot perimeter for which a buffer yard is
required shall be excluded from this calculation. One tree per 150 feet shall be
required if a water conserving alternative is utilized for the lawn or if bioretention
or other low impact development practices are implemented.
• Size. Trees shall not be less than one and one-half caliper inches
measured four feet off ground.
• Location. Tree location shall be approved by the city prior to planting.
• 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.
(v) Understory Shrubs. In addition to trees, a full compliment of understory shrubs
shall be provided to complete a quality landscape treatment of the lot. Shrubs
shall be potted and a minimum of 24 inches. In no instances shall the number of
shrubs be less than one per 40 feet, or fraction thereof, of lot perimeter. Any lot
perimeter for which a buffer yard is required shall be excluded from this
calculation. One shrub per 50 feet shall be required if a water conserving
alternative is utilized for the lawn or if bioretention or other low impact'
development practices are implemented.
Mixed Use Zoning District - DRAFT 12
October 7, 2009
(vi)Parking Lot Landscaping. A minimum of eight percent of the total land area
within parking areas shall be landscaped. Parking lots with fewer than 10 stalls
shall be exempt from these requirements.
• Landscaping at least 12 feet in width shall separate parking lots into cells
of no more than 120 stalls.
• Landscaping shall break up rows of parking approximately every 20
spaces.
• Species selection shall be guided by soils conditions and plantings shall be
designed in a way which increases the likelihood of long-term survival.
• Where practical, the landscaping areas shall be designed to receive
stormwater runoff from the adjacent parking area.
(vii)Maintenance. The developer shall be responsible for establishing a long-term
maintenance plan to see that common space and buffer yard landscaping and
fencing is maintained in an attractive and well -kept condition and to replace any
landscaping that does not survive. Landscape irrigation, where necessary, shall be
consistent with water usage regulations.
(viii)Landscaping Guarantee. The developer shall guarantee the growth and
maintenance of all plants for a minimum of two growing seasons following an
inspection of all completed plantings.
• The developer shall submit a fmancial guarantee and provide access to the
property, in forms acceptable to the city, prior to issuance of any building
permit to ensure the planting and survival of the plantings. The developer
may transfer responsibility of financial guarantee to another willing entity.
• Any plant which does not survive or has severely declined (for example,
25% of the crown has died in the case of trees) shall be replaced, and the
replacement will be guaranteed for an additional two growing seasons.
After the additional growing seasons, any new plants which do not
survive or have severely declined shall be replaced. After provisions have
been made for maintenance of these new plants, the city shall release any
remaining fmancial guarantee.
(ix)Tree Preservation. Removal of significant trees and any construction activity
within residential districts shall be subject to the requirements set forth by the
City's Tree Preservation Ordinance Section 828.41.
Subd. 5. Commercial Design and Development Standards,.
(a) Building Size: Structures in excess of 50,000 square feet of floor area shall only be
permitted subject to conditional use permit approval, the specific requirements
established in Section 838.5.08, and other applicable provisions of the city code.
(b) Maximum Building Height: Building height shall not exceed 35 feet. In the case
that a structure is not equipped with a compliant fire sprinkler system, the maximum
building height shall be 30 feet.
(c) Outdoor Lighting: Unless otherwise specified herein, outdoor lighting shall abide
by the requirements specified in the Outdoor Lighting Ordinance.
Mixed Use Zoning District - DRAFT 13
October 7, 2009
Comment [LS40]: Same as Section
838.3.06 — Design and Development
Standards for CG District and Section
838.5 — Design and Development
Standards for all Commercial Districts
(i) Lighting levels at property lines shall be limited to 0.5 foot-candle, except if
adjacent to a residential zoning district, where lighting shall be limited to 0.0 foot-
candle.
(ii) Parking lot and Wallcway lighting fixtures shall utilize full cut-off luminaries with
no more than 10 percent of light output above the horizontal plane through the
light source.
(iii) Landscape and architectural lighting shall be aimed directly at the area of focus.
Spill light shall be minimized through the use of narrow distribution luminaries
and control devices such as louvers, refractors, barn doors, and glare shields.
(d) Building Materials. All exterior building materials shall be durable and meet the
following standards:
(i) 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.
(ii) 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
pattemed to create a high quality terrazzo, brick, stucco, or travertine appearance.
(iii) 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.
(e) 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.
(f) 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.
(g) 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 fanade.
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.
(h) 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.
(i) Mechanical Equipment. All HVAC and other mechanical equipment shall be designed,
located, and/or screened so they are not visiblefrom adjacent property or public streets.
Mixed Use Zoning District - DRAFT 14
October 7, 2009
Comment [finke41.]: This is
borrowed from the commercial
otdinances. Upon further reflection, this
may be a bit too busy
( Content [flnke42]: Height is
limited to 35 feet above, this wouldn't
come into play
(i) Rooftop Equipment. Equipment shall be screened through the use of architectural
elements and materials which are compatible with the overall design of the
building. Wood fencing or chain link fencing with slats shall not be permitted.
(ii) Ground Equipment. Equipment shall be screened with walls which are
constructed of materials which are compatible with the building or with
landscaping which is opaque during the entire year.
(j) 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.
(k) 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.
0) Standards for vegetative screens. Vegetative screens shall consist of fully hardy plant
materials, planted in a way to be at least 80 percent opaque year-round. The height of the
screen shall be determined by the city, taking into account the characteristics of the
object(s) or area being screened, but shall be of adequate size immediately upon planting.
The plants within a vegetative screen shall be in addition to the general landscaping
requirements of this section.
(*Standards for screening fences or walls. A screening fence or wall shall be constructed of
attractive, fmished materials such as masonry, brick or wood. Materials and design shall
be compatible with the principal stricture. 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.
(6) 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.
(0 Berming. If an earth berm is proposed to supplement the screening, the berm shall be
undulating in order to give a natural appearance.
L Outside Storage pf Service Vehicles. A limited number of vehicles utilized for the use
permitted on a property may be stored within the required off-street parking area. One
vehicle for every 10,000 square feet of building footprint, or portion thereof, shall be
allowed. Vehicles shall be currently licensed, operable, less than 24 feet in length, and
not more than 12,000 lbs. of gross vehicle weight. Additional vehicles and larger vehicles
than allowed above shall be parked inside of buildings, within a loading dock, or within
an outside storage area as regulated herein.
vo Loading Docks.
(i) Screened from Residential. No loading dock shall be visible, to the fullest extent
possible, from any residential zoning district. Screening may be accomplished
through one or more of the following: using buildings to screen, opaque
landscaping, decorative walls, or decorative fencing.
Mixed Use Zoning District - DRAFT 15
October 7, 2009
(ii) Location. No loading dock shall encroach into the required setbacks for the front
yard or a side yard adjacent to a street. Loading docks shall be located, and
landscaping shall be utilized so as to minimize visibility from streets.
Subd. 6. 1Supplemental Requirements for Specific Commercial Uses;.
`J\ (a) Structures which exceed 50,000 square feet of floor area.
_�\ (i) The structure may only be utilized for a use which is permitted in the zoning district
\A in which it is located.
(ii) Required Front, Rear, and Side Yard Setbacks shall be increased to 50 feet.
Structures and loading areas shall be no less than 100 feet from residential zo
trlc/PParking shall be no less than 80 feet from resldential zoning districts.
(iv) The city may require increased landscaping and screening to minimize the impact
of intensive traffic within parking and loading areas.
(v) The city may require additional landscaping, screening and architectural elements
to minimize the impact of longer building facades.
(vi) A detailed traffic analysis may be required by the city to determine traffic control
needs.
(b) Assembly and Manufacturing of light industrial products
('. le structurercontaining the use shall be no less than 200 feet from residential
• A
(ii) Equipmen 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.
(iii) Specific provisions shall be identified for property storage and disposal of fuels,
chemicals, and any other hazardous materials.
(c) Automobile, Marine, and Trailer Sales or Rental
(i) Inventory shall be stored and displayed inside of a building or within an approved
outdoor storage area, which shall meet the standards required herein.
(ii) No inoperative vehicles shall be stored on the premises, unless in the process of
being repaired and are stored within a building.
(iii) On -site repair or maintenance of vehicles shall be subject to the conditions
established for Automobile Repair, Oil Lubrication Service Shops, Auto Body
Shops above.
(iv) No test driving of vehicles shall be permitted on local residential streets.
(v) All vehicle dealers shall be licensed by the state.
(d) Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops
(i) The structure containing the use shall be no less than 125 feet from residential
districts.
(ii) 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.
(iii) No inoperative vehicles shall be stored on the premises, unless in the process of
being repaired and are stored within a building.
(iv) All repair functions shall occur within an enclosed building.
Mixed Use Zoning District - DRAFT 16
October 7, 2009
Comment RS43]: Same as Section
838.5.08 excluding Subd.10 (Motor Fuel
Stations) since those are not allowed in
the CG District
(v) No sales, storage, or display of automobiles shall be permitted unless a conditional
use permit is granted for such a use.
(vi) Equipment specifications shall be submitted. Vibration and noise reduction
measures may be required by the city.
(vii) Additional screening may be required to limit sight and noise impacts of service
bays.
(vii) Adequate provision shall be made for proper inside storage of all new and used
petroleum, chemical, liquid, and other products.
(viii) 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.
(e) Automobile Towing
(i) Towed vehicles shall be stored inside of a building or within an approved outdoor
storage area, as regulated herein.
(ii) No inoperative vehicles shall be stored on the premises, unless stored within a
building.
(iii) No salvaging, crushing or recycling of vehicles shall be permitted.
(iv) Additional screening may be required adjacent to the area where vehicles are
loaded into the building and/or approved outdoor storage area.
(f) Car Washes or Auto Detailing
(i) The structure containing the use shall be no less than 200 feet from residential
districts.
(ii) Additional screening may be required to limit sight and noise impacts of service
bays.
(iii) Equipment specifications shall be submitted. Noise reduction measures may be
required by the city.
(iv) 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.
(g) Drive -through services
(i) All parts of the drive -through lane(s) shall be no less than 200 feet from residential
zoning districts.
(ii) Drive -through lanes shall not be permitted within required yard setback areas.
(iii) The site plan shall allow adequate pedestrian circulation, vehicle circulation, and
vehicle stacking which does not interfere with on -site parking and loading.
(iv) The drive -through shall allow adequate stacking and circulation so as to avoid
impacts on adjacent property or public right-of-way.
(v) 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.
(h) Hospitals
(i) Hospital structure(s) shall not be located within 1,500 feet of a residential zoning
district. Additionally, the primary vehicular access point to the hospital shall not be
located within 1,500 feet of a residential zoning district.
Mixed Use Zoning District - DRAFT 17
October 7, 2009
(ii) Primary access shall be located on a road designated as a collector or arterial.
(iii) No heliport shall be located within 1,500 feet of a residential zoning district.
(iv) A traffic analysis shall be submitted which specificallytakes emergency vehicle
access into consideration.
(v) A detailed plan shall be submitted for parking (long- and short-term), access, and
pedestrian circulation based on the operation of the hospital facility.
(i) Indoor Recreational Uses.
(i) Entrances for public access, as well as other outdoor areas where patrons may
congregate, shall be no less than 200 feet from residential districts.
(ii) Provisions for noise reduction shall be identified based on the type of use
proposed.
(j) Outdoor dining and/or drinking areas
(i) The outdoor space shall be at least 200 feet from any residential zoning district.
(ii) The area shall be directly adjacent to the principal structure, and be clearly
delineated by fencing or decorative landscaping.
(iii) The area shall not interfere with fire safety access to the building.
(iv) Outdoor speakers and lighting shall be designed to limit impacts on adjacent
property or right-of-way.
(v) Pervious surfacing is encouraged, and if utilized, these areas shall not be
considered as an impervious surface.
(k) Outdoor display of goods used in conjunction with and on the same site as the permitted
use or conditional use
(i) The display area shall be directly adjacent to a structure or under a permanent
canopy.
(ii) 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.
(iii) Goods in the display area shall be organized and neatly stored.
(iv) The display area shall not occupy parkinWloading or landscaping areas, and shall
not interfere with fire safety access to the building.
(1) Outdoor recreational sports courts
(i) Conditions shall be required to minimize the impact of noise and lighting, and also
to minimize the likelihood of the recreational activity spilling over onto adjacent
property or right-of-ways. These conditions may include, but are not limited to:
limiting hours of use, restricting the location of the court, and requiring fencing or
screening.
(ii) The sport court shall not be located in the front yard or a side yard adjacent to a
right-of-way, and shall abide by structure setback requirements.
(m)Pet Stores or Veterinarian Clinics
(i) Shall not be located within 200 feet of a residential zoning district.
(ii) Animals may not be kenneled outside. However, an outdoor area not to exceed
2,000 square feet may be utilized by the animals. The outdoor area must be well
maintained and animal waste must be picked up. The City may apply necessary
conditions to limit the impact of the outdoor area on neighboring properties,
including but not limited to: fencing and screening, hours of use, number of animals
permitted outdoors at one time, and other factors.
Mixed Use Zoning District - DRAFT 18
October 7, 2009
(iii) The site and building plans shall be designed in a way to reduce noise. This shall
include floor plan layout, ventilation plans, and window and door locations.
(iv) The site plan shall identify provisions for proper storage and disposal of hazardous
materials, medical waste, and animal waste.
(n) Outdoor Storage of Materials and Inventory.
(i) Outside storage shall not be permitted on parcels less than 3 acres in size.
(ii) 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.
(iii) The area of storage shall not be located within the front yard or a side yard
adjacent to a right-of-way.
(iv) 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
(v) The area of storage shall be surfaced with a material approved by the city, and may
not be gravel.
(vi) 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.
(o) Temporary Outdoor Sales Events.
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) The sales area shall not be permitted on an unpaved surface.
(vi) The sales area may be located within a parking lot provided:
• 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.
• The City determines that adequate vehicular circulation, pedestrian
circulation, and emergency vehicle access are maintained.
(vii) Sales shall only be conducted by the owner or a leaseholder of a property, unless
a transient merchant license is obtained from the City.
(viii) No outdoor speakers or music shall be allowed.
(ix) Temporary signage for the event shall be regulated by the City sign ordinance.
(x) 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
Mixed Use Zoning District - DRAFT 19
October 7, 2009
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.
Subd. 7. Commercial Landscaping Requirements.
(a) 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 may also be utilized. Integrated stormwater management practices, such as
vegetative swales, vegetated filter strips, bioretention, and raingardens, shall be
considered landscaping and shall not be excluded from the gross acreage of the parcel
when calculating impervious surface coverage.
(b) Building Setting. At least 10 feet of landscaped area shall be provided adjacent to all
buildings except for walks, outdoor sales areas, plaza space and approved loading docks.
Walks within this landscaped area shall be limited to where practically necessary to serve
access points of buildings.
(c) Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per 50
feet, or fraction thereof, of lot perimeter shall be required.
(i) 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.
(ii) Location. Tree location shall be approved by the city prior to planting.
(iii) Type. Trees shall be suitable for the soil and site conditions and compliment
others in the area. Native species, as listed within the tree preservation ordinance
are required unless otherwise necessary. No more than 25 percent of trees may be
of a single species.
(iv) Credit for Preserved Trees. The city may reduce the required number of overstory
trees if an applicant preserves more existing trees than required by Subd. 9 of
Section 838.5.03. The trees shall satisfy the requirements of Subd. 3 of Section
838.5.03. The city shall determine the amount of credit granted for such existing
trees.
(d) Ornamental Trees. A minimum of one tree per 100 feet, or fraction thereof, of lot
perimeter shall be required.
(i) Size. Trees shall not be less than two caliper inches measured four feet off
ground.
(ii) Location. Tree location shall be approved by the city prior to planting.
(iii) Type. Trees shall be suitable for the soil and site conditions and compliment
others in the area. Native species are required unless otherwise necessary. No
more than 25 percent of trees may be of a single species.
(e) Understory Shrubs. In addition to trees, a full compliment of understory shrubs shall be
provided to complete a quality landscape treatment of the lot. Shrubs shall be potted and
Mixed Use Zoning District - DRAFT 20
October 7, 2009
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.
(f) Parking Lot Landscaping. A minimum of eight percent of the total land area within
parking, driveway, and loading dock areas shall be landscaped.
(i) Landscaping at least 12 feet in width shall separate parking lots into cells of no
more than 120 stalls.
(ii) Landscaping shall break up rows of parking approximately every 20 spaces.
(iii) Shade trees shall be included within the landscaping. Species selection shall be
guided by soils conditions and trees shall be planted in a way which increases the
likelihood of long-term survival.
(iv) Where practical, the landscaping areas shall be designed to receive stormwater
runoff from the adjacent parking area.
(g) Maintenance. Provisions shall be made to irrigate landscaping areas as necessary,
consistent with the water usage regulations. The property owner shall be responsible to
see that the approved landscaping plan is maintained in an attractive and well -kept
condition and to replace any landscaping that does not survive.
(h) 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.
(i) 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.
Subd. 8. Mixed Use Buffer Yards Requirements
(a) Generally. A buffer yard is a combination of distance, plantings, berms, and fencing.
The purpose of a buffer yard is to reduce the negative impacts that may result when land
uses of different intensities abut each other or when residential uses abut primary
roadways.
(b) Buffer yards required. A buffer yard shall be required in the following situations:
(i) Adjacent to less intensive zoning district. A buffer yard shall be required when a
developing property is adjacent to or across a street from property of a less
intensive zoning district, as summarized by the following table.
(ii) Adjacent to Collector or Arterial Roadways. A buffer yard shall be required along
collector and arterial roadways if the property on the opposite side of the roadway
is of the same or a more intensive zoning district, as summarized by the following
table.
Mixed Use Zoning District - DRAFT 21
October 7, 2009
Comment [LS45]: Slightly modified
from Section 828.31 to apply more
appropriately to Mixed Use developments
Required Bufferyard Opacity
Type of Mixed Use Development
Single
Family
Two
Family
Townhomes &
Multiple Family
Commercial
-o
Single Family
0.1 *
0.2
0.3
0.4
u o
sa
Two Family
0.2
0.1 *
0.2
0.3
Townhomes and Multiple
Family
0.3
0.2
0.2
0.3
2 o
a.a, *
0 0 E
Commercial, Uptown
''
9 c
-to 03c) a
Hamel, General Business,
and Industrial
Q
0.4
0.3
0.2
0.1
NOTES:
* Buffer yard only required if the proposed development is adjacent to a collector or arterial roadway with the
noted adjacent land use across the street.
** If a specific land use is not listed, or if the adjacent property is a PUD, the City shall determine the most similar
district to determine the required buffer yard.
(c) The required buffer yard may be achieved through a combination of distance, plantings,
berming and fences. The following combinations, or an alternative approved by the city,
may be utilized:
Potential Combinations to Achieve
Bufferyard Opacity
Opacity
Minimum
Buffer Yard
Width
Minimum # of
Buffer Yard
Planting Points
per 1001inear
feet
Minimum Required
Berm or Fence
0.1
10'
38
Minimum 4' wood rail fence
10'
91
None Required
15'
80
None Required
20'
73
None Required
25'
68
None Required
30'
65
None Required
35'
62
None Required
0.2
10'
84
Minimum 44" picket fence
15'
133
Minimum 4' wood rail fence
15'
198
None Required
Mixed Use Zoning District - DRAFT
October 7, 2009
22
20'
173
None Required
25'
158
None Required
30'
149
None Required
35'
140
None Required
35'
10
Minimum 4' berm
40'
135
None Required
0.3
15'
198
Minimum 44" picket fence
20'
320
None Required
20'
240
Minimum 4' wood rail fence
25'
276
None Required
30'
252
None Required
35'
235
None Required
35'
104
Minimum 4' berm
40'
223
None Required
40'
44
Minimum 5' berm
45'
215
None Required
50'
209 •
None Required
0.4
20'
330
Minimum 44" picket fence
25'
440
None Required
25'
362
Minimum 4' wood rail fence
30'
385
None Required
35'
349
None Required
35'
208
Minimum 4' berm
40'
327
None Required
40'
148
Minimum 5' berm
45'
310
None Required
50'
299
None Required
50'
56
Minimum 6' berm
0.5
30'
564
None Required
30'
405
Minimum 44" picket fence
30'
492
Minimum 4' wood rail fence
35'
499
None Required
Mixed Use Zoning District - DRAFT
October 7, 2009
23
35'
319
Minimum 4' berm
40'
454
None Required
40'
261
Minimum 5' berm
45'
422
None Required
50'
405
None Required
50'
160
Minimum 6' berm
55'
388
None Required
60'
374
None Required
(d) Determination of Buffer Yard Planting Points. Planting requirements for the various
buffer yard options are calculated in terms of points. Points are calculated based on
typical growth rates, mature height, and whether a plant is deciduous or coniferous. The
city shall grant additional points, not to exceed a 50 percent increase, for plants which
exceed the minimum permitted installation size below.
Buffer Yard Planting Points
Plant Category
Buffer Yard
Planting
Points per
Plant
Minimum
Permitted
Installation Size
Overstory deciduous tree
50
2.5" caliper
Understory deciduous tree
15
1.5" caliper
Tall evergreen tree
50
6' tall
Medium evergreen tree
20
4' tall
Low evergreen tree
12
3' tall
Tall deciduous shrub
5
36" tall
Medium deciduous shrub
3
24" tall
Low deciduous shrub
1
18" tall
Medium evergreen shrub
5
18" tall/wide
Low evergreen shrub
3
12" tall/wide
(e) Types of planting. Plants shall be suitable for the soil and site conditions and compliment
others in the area.
(i) Plants shall meet the size requirements described in the table above at the time of
planting.
Mixed Use Zoning District - DRAFT 24
October 7, 2009
(ii) Unless otherwise approved by the city, plants shall be consistent with the Minnesota
Department of Natural Resources' "Field Guide to the Native Plant Communities of
Minnesota, the Eastern Broadleaf Forest Province:"
(iii) No more than 25 percent of plants shall be from one species.
(iv) Plants shall be selected and placed in a way which most effectively provides a buffer,
as approved by the city. Species with known vulnerability to disease or infestation
shall not be permitted. The landscaping plan shall consider factors such as
survivability of plantings, surrounding topography, and interaction with
berms/fences.
(f) Credit for existing vegetation. The city shall grant credit for existing vegetation that is
preserved within an area where a buffer yard is required. Credit shall be based on (d)
above, including the additional points for larger plantings.
(g) Berms and Fences. When berms or fences are combined with plant materials in a buffer
yard, at least half of the plantings shall be located towards the exterior of the subject
property, in relation to the location of the fence or berm. If an earth berm is proposed,
the berm shall be undulating in order to give a natural appearance.
(h) Buffer yard location. Buffer yards, when required, shall be located adjacent to the outer
perimeter of a development site.
(i) Buffer yards may be located within required yard setbacks, but a principal structure
shall be set back a minimum of 10 feet and an accessory structure a minimum of
five feet from the buffer yard.
(ii) In the case a wetland interferes with the lineal continuation of a buffer yard,
altemative means may be required by the city to reduce the impact of the
development upon adjacent property.
(i) Recorded document required. A document, in a form provided by the city, shall be
recorded against the property over which a buffer yard lies. This document shall include,
at a minimum, the location of the buffer yard, the restrictions on the use of this property,
and the maintenance responsibility for the landscaping and improvements.
(j) Use of buffer yards. Buffer yards shall be left in a predominantly undeveloped state.
Passive recreation and pedestrian, bicycle, or equestrian paths may be allowed, so long as
the required plantings are provided. No sports courts, swimming pools, storage or other
similar use shall be allowed. Paving shall be limited to areas necessary to provide access
to the subject property.
Section (MU) Development Review and Approval Process.
54.10.a. i, t''roCe�s. .'�L' .iCvelopment. lii file i‘o.i Oi_AilGi shall ioilow the process outlined in this
section. No development in the MU District shall be permitted prior to the completion of all
states of reviewer nor without the submission of all required documents, including any additional
documents that may be required by the City in the review of thepoposcd Mil development. At
anv Stage under this Section the City shall have the discretion to consider the following actions:
(a) Approve mixed use development as submitted•
(b) Approve a mixed use development subject to conditions specifying changes to the
submitted proposal; or
Mixed Use Zoning District - DRAFT 25
October 7, 2009
(e) Deny any proposed mixed use development if it is found that the proposed development
does not meet the objectives of this District or of the Comprehensive Plan, or of any of
the standards and requirements herein.
Subd. 2. A Mixed Use Development will require approval of the following documents:
(a) A Stage 1 Plan which identities the parcels proposed to be subject to the mixed use
development, proposed land uses, general site plan layout, phasing; and other general
elements of the project.
(b) A Stage II Plan which identifies the development details oflPhase l of the project, along.
with a Preliminary Plat that identifies lot sizes, Outlot dimensions and future land uses,
and all areas to be dedicated to the public, consistent with the City's Subdivision
regulations.
(e) Stage III Plan which establishes a recordable set of documents regulating the near -term
development of Phase 1 of the project, as well as establishing, the longer -term
development of future phases.
Subd. 3..Each of the three Stages of approval in the MU District shall be considered a separate
land use application, and shall be submitted with an accompanying City application form.
Subd. °stage I Plan.
(a) ire Stage 1 Plan establishes the general layout of land uses and densities of
velopment in the MU District. 'lire Stage I Plan further identifies the limits of the
MU development for purposes of identifying residential unit counts, acreages devoted
to various land uses, and overall compliance with Comprehensive Plan objectives.
More than one parcel may be included in an individual Stage 1 Plan for a mixed use
development.
(b) The Stage I Plan shall be a recordable document_ recorded with the Development
_agreement against all parcels in the mixed use development, including. Phase I
development and all future phases. The purpose of the Stage I Plan is to provide notice
to future owners and developers, as well as City officials, of the land use and
development expectations for future phases ofthe-mixed use development. An
approved Stage 1 Plan shall not require revision, and may serve as the basis for State 11
plans for any parcel in the mixed use development. The Stage I Plan DOES NOT
confer any development rights — such rights are established only upon approval of a
qualifying Stage II Plan and associated Preliminary Plat, lot- at another time as maybe
required by Minnesota law nor agreed to between developer and City. The approved
Stage I Plan may be amended pursuant to a new application process under this section.
Subd. 5. Stage 1 Plan submission requirements. The submission requirements for Stage I Plan
approval shall include:
(a) Narrative description of the mixed use project, including how the project fulfills the
purposes of the MU District.
Mixed Use Zoning District - DRAFT 26
October 7, 2009
(b) lentification of required minimum dwelling unit count for parcel in question based on
.._ tilling Ordinance and Comprehensive Plan documents governing land use on the
subject property or properties.
Lb) Identification of minimum required land area to be devoted for residential uses based on
Zoning Ordinance and Comprehensive Plan documents governing land use on the
subject property orproperties.
(c) Submission of a proposed Stage I Plan providing the following information:
(i) Documentation of property ownership, interest in title. or authorization from
owner(s) of all parcels to make 'application of their behalf.
(ii I lGeneral site analysis _identifying developable land, sensitive environmental areas,_ _
important views, and other features.
(iii) Identification of important utility and other infrastructure connections and issues.
(iv) Connectivity of the site to surrounding land uses, potential pedestrian/bicycle
connections, and other external land use relationships.
(AL) General traffic circulation plan, including a designation of proposed public and
private streets. Said plan shall demonstrate connections to the area transportation
network. or logical extensions of the future street network demonstrating
consistency with the City's Transportation Plan. Said plan shall further
demonstrate how traffic circulation through the area will avoid conflicts between
commercial and residential traffic_
(vi) For all business and/or commercial areas, a sketch plan illustrating the proposed
layout of commercial buildings and related improvements; in the alternative.
where business or commercial areas are not proposed to be developed
immediately. the applicant may submit an estimate of the commercial
development capacity- of the property in square feet of commercial building space.
(vii) For all residential areas, a sketch plan illustrating the preliminary proposed
building layout, unit style, street jurisdiction, lot layout, environmental
conservation areas, public or private open _space: public or private recreation
Space, and other elements of the plan.
tviii) For each of the parcels in the mixed use development, a statement identifying
the minimum and maximum development capacity. by land use category, for
future phases of the project.
.Subd. 6. Stage I Plan approval process. The process for consideration of a Stage 1 Plan shall be
the same as that required for a Conditional Use Permit under Section 825.43. Subd. 2'— Subd. 5
of the Medina City Code.
Subd. 7. Stage 11 Plan.
(a) Upon approval of a Stage I Plan, an applicant may proceed to Stage ll PlanAppro \ al.
The purpose of the Stage 11 Plan is to cstab .sh the deyelo mrient details for the_phase of
the mixed use development covered b the
(b) A Stage II approval ma be sou ,ht for an of a of the individual parcels in the proposed
mixed use development as identified in the•ha n r 'tan inco •°rated in the Stage I Plan
approval.
Mixed Use Zoning District - DRAFT 27
October 7, 2009
Comment [Finke48]: is it important
to determine developable property at
Stage I so that the uses are accurately
divided'?
(c) A separate Stage II Plan approval shall be required for each phase of the mixed use
development. If desired, an applicant may combine phases and proceed to Stage II Plan
approval for several phases concurrently.
Subd. 8. Stage II Plan submission requirements. The submission requirements for Stage II Plan
approval shall include:
(a) A copy of the approved Stage I Plan relating to development on the mixed use parcel in
question.
(b) Proposed Preliminary Plat, including each of the documents required by Section 820
(Subdivision Regulations) of the Medina City Code.
(i) A proposed development in the MU District shall not be eligible for the
exceptions otherwise provided for in that Section.
(ii) The Zoning Administrator may waive certain irregularities in the required process
to permit coordination of the Plat approval process with the development approval
process requirements of the MU District.
(c) All submission requirements for Conditional Use Permits ias specilied_in S_ectio_n 825.43. _
Subd. I. of the Medina City Code.
Subd. 9. Stage II Plan Approval Process. The process for approval of a Stage II Plan shall be
the same as that required for a Conditiona
of the Medina City Code.
Use Permit under Section 825.43, Subd. 2 — Subd. 5
Subd. 10. jStage III Plan.
(a) Upon approval of a Stage II Plan, an applicant may proceed to Stage III Plan approval. A
separate Stage III Plan approval shall be required for each phase of the mixed use
development. If desired, an applicant may combine phases and proceed to Stage III Plan
approval for several phases concurrently.
(b) An applicant shall have six (6) months from the date of Stage II approval to submit Stage
III plans.
(c) An applicant may request an extension far the submission of such request, approval of
which is entirely at the discretion of the City Council.
(d) If no Stage III application or extension request is submitted within the required six (6)
month period, the Stage II Plan approval(s) shall be considered void.
Subd. 11. Stage 111 Plan submission requirements. The submission requirements for Stage III
Plan approval shall include:
(a) Final plans for all approved Stage 11 development documents. revised per City
Council conditions and findings.
(b) Development Agreement for execution, in a form as approved by the City Attorney,
including the approved Stage I Plan as an exhibit.
(i) The Stage I Plan shall be recorded against all parcels subject to the mixed use
development application.
(ii) The City may require the Development Agreement to be recorded against
any or all parcels, at its discretion.
Mixed Use Zoning District - DRAFT 28
October 7, 2009
Comment [Finke49]: Site Plan
Review may be better, or create new list
Comment [Finke50]: Option: Beef
up Stage II, do away with Stage III. The
administrative review could be done upon
building permit?
r
Subd. 12. Stange Ill Plan Approval
(a) Approval of a Stage III Plan shall be by written certification of the the Zoning
Administrator. upon a finding that the submitted documents conform to the requirements
and approvals of the City Council.
(b) The Zoning Administrator shall cause the documents to be signed as necessary, fled
and/or recorded in accordance with this Ordinance and Minnesota law.
(c) No building permit shall be granted for any structure within the MU District until the
appropriate documents arc so certified.
(d) Other activities within the mixed use development shall proceed only in accordance with
City requirements, including all necessary permit approvals, posting of acceptable
financial and other securities, and any other applicable regulation.
SECTION _. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this
day of , 2009.
T.M. Crosby, Jr., Mayor
Mixed Use Zoning District - DRAFT 29
October 7, 2009
day of 2009.
"
A g e n d a
I t e m N o . 7
M E M O R A N D U M
T O : P l a n n i n g C o m m i s s i o n
F R O M : D u s t y F i n k e , C i t y P l a n n e r
D A T E : O c t o b e r 8 , 2 0 0 9
M E E T I N G : O c t o b e r 1 3 , 2 0 0 9 P l a n n i n g C o m m i s s i o n
S U B J : O r d i n a n c e A m e n d m e n t C o n c e p t P l a n R e v i e w P r o c e d u r e P u b l i c H e a r i n g
B a c k g r o u n d
C u r r e n t C i t y r e g u l a t i o n s a l l o w c e r t a i n t y p e s o f a p p l i c a n t s t o a p p l y f o r a C o n c e p t P l a n R e v i e w t o
s e e k i n f o r m a l f e e d b a c k f r o m t h e P l a n n i n g C o m m i s s i o n a n d C i t y C o u n c i l p r i o r t o a p p l y i n g f o r a
s t a n d a r d l a n d u s e a p p l i c a t i o n .
C o n c e p t P l a n s a r e m e a n t f o r s i t u a t i o n s i n w h i c h t h e s u b s e q u e n t l a n d u s e a p p l i c a t i o n w i l l i n v o l v e
g r e a t e r a m o u n t s o f d i s c r e t i o n o n t h e p a r t o f t h e C i t y . T h e s e a p p l i c a t i o n s i n c l u d e C o m p r e h e n s i v e
P l a n a m e n d m e n t s a n d r e - z o n i n g s . G e n e r a l l y , t h i s a l l o w s a n a p p l i c a n t t o j u d g e t h e l i k e l i h o o d o f
C i t y s u p p o r t b e f o r e t h e y w o u l d i n v e s t t h e t i m e , e f f o r t , a n d m o n e y t o p r e p a r e a c o m p l e t e
a p p l i c a t i o n .
T h e r e g u l a t i o n s d e s c r i b e w h a t t y p e o f i n f o r m a t i o n s h o u l d b e s u b m i t t e d f o r a C o n c e p t P l a n
R e v i e w . T h i s i s n o t n e c e s s a r i l y a "