HomeMy Public PortalAbout11-10-2009F;1e,
MEDINA
G � Y O , PLANNING COMMISSION AGENDA
TUESDAY, NOVEMBER 10, 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 October 13, 2009 Planning Commission minutes
6. Continued Public Hearing - Ordinance Amendment to 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
City's 2010-2030 Comprehensive Plan (Public Hearing continued from
October 13`h meeting).
7. City Council Meeting Schedule
8. Adjourn
POSTED IN CI rY HALL, NONE I3ER 6 2009
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: October 29, 2009
SUBJ: Planning Department Updates for November 4, 2009 City Council Meeting
Planning staff has continued working with four potential applicants for land use applications
over the past few weeks. Staff believes that this is a sign that a number of new land use
applications will soon be applied for. Additionally, building permit activity seems to be up,
although a lot of these are smaller permits.
Ordinance Updates
A) Mixed Use Zoning Regulations — staff and consultants from NAC held an Open House on
September 29, and NAC prepared the ordinance for a Public Hearing at the October 13
Planning Commission meeting. The Planning Commission recommended some changes,
and the Public Hearing will be continued at their November meeting.
B) 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.
C) Concept Plan Review Ordinance — staff has prepared an ordinance establishing a less
formal concept plan process as directed by the City Council. The Planning Commission
held a Public Hearing at their October 13 meeting and recommended approval. The Council
will review the ordinance at the November 4 meeting.
D) Driveway Width Regulations — The Council will review the ordinance at the November 4
meeting.
Land Use Application Reviews
A) Septic System Wetland Setback Variance — 1255 Medina Road — the applicant (the selling
real estate agent) has requested a variance from the wetland setback requirements for a new
septic system on this lot. The existing system is a health threat, and it appears that there is
no where on the lot to locate a system which abides by wetland setbacks. This application
will come to the City Council, perhaps in December.
B) 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.
C) 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.
Planning Department Update
Page 1 of 2 November 4, 2009
City Council Meeting
D) 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 is preparing the
amendment to the driveway width regulations as directed by Council, and will address the
waiver after the change has been made.
E) Business Park Text Amendment — The Council reviewed the ordinance at the Special and
Regular meeting on October 6. Staff will present the ordinance for additional comment at
the October 20 meeting before making the changes directed by the Council for review in
November.
Additional Projects
A) Comprehensive Plan Update — The Metropolitan Council has approved of the City's 2010-
2030 Comprehensive Plan. Staff is researching the next steps to formalize adoption of the
plan. The City now has nine months to ensure that the official controls are consistent with
the Plan.
B) 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. The Council will review Corcoran's Plan at the November 4 meeting.
C) 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 November 4 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 November 4, 2009
City Council Meeting
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.
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.
1
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 City'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. Finke explained.
V. Reid asked for clarification of flexibility' within the mixed use district. Grittman clarified.
Williams asked if residential was proposed to have a minimum of 50 percent within a land use
application. Grittman concurred. Williams asked for an explanation of the difference between a
2
Medina Planning Commission Draft October 13, 2009 Meeting Minutes
Planned Unit Development (PUD) and the proposed mixed use district. Williams asked if the
process would be less flexible yet provide more certainty to a developer.
V. Reid 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.
3
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 close.
Weir asked for clarification on daycare facilities serving 16 or fewer persons within 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" why they need more time.
Nolan recommended story boards be required for projects. Finke explained that it is currently
required under a Site Plan 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. Finke
explained. Simons raised concern with the reduced notification distance. Nolan explained the
need 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.
The Commission discussed the expectation of concept plans.
5
Medina Planning Commission Draft October 13, 2009 Meeting Minutes
Public Hearing was closed at 10:07 p.m.
Motion by V. Reid, seconded by Lilts to approve the ordinance amendment with
recommended changes. (Absent: Nielsen)
8. City Council Meeting Schedule:
9. Adiourn: Motion by Williams, seconded by V. Reid to adjourn at 10:15 p.m. Motion
carried unanimously. (Absent: Nielsen)
6
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MIV 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners�c)nacplanning,com
MEMORANDUM
TO: Medina Mayor and City Council
Medina Planning Commission
FROM: Stephen Grittman / Laurie Smith
DATE: November 5, 2009
RE: Medina — Mixed Use Zoning District
FILE: 306.04
BACKGROUND
Attached is a revised Mixed Use Zoning District draft ordinance based on the comments
and feedback received at the October 13, 2009 Planning Commission meeting. The
Planning Commission tabled action on the proposed Mixed Use Zoning District at that
meeting pending further discussion and revisions to the ordinance. The revisions are
shown as strikeouts for deletions and as double -underlines for additions. The following
is a summary of the revisions.
ANALYSIS
Transitional Language. There was some discussion at the last Planning Commission
meeting regarding adding some language to the ordinance that would emphasize the
"transitional" nature of the Mixed Use District. The language, as proposed, is quite
strong in that it may allow for denial of a development if it does not meet the purpose
and goal statements of the District.
Additional Uses Added. Assisted Living Facilities, Nursing Homes and other similar
uses have been added as a conditional residential use. Motor fuel stations have been
added as a conditional commercial use provided that they have frontage along Highway
55. Vertical Mix Use Developments have been added as a conditional commercial use
with specific performance standards added to the Supplemental Requirements for
Specific Commercial Uses section of the ordinance.
Additional commercial uses may need to be added as the City's commercial districts are
revised — the commercial uses proposed in the Mixed Use District are those currently
listed in the CG District. Uses that may be added into the revised commercial districts
include religious institutions, educational facilities and assisted living and nursing home
facilities. The way the Mixed Use Ordinance has been formatted thus far is to include
all permitted, accessory and conditional commercial uses as currently provided for in
the City's CG District.
Generally, we feel that tracking these uses, whereby including all commercial uses in
the Mixed Use District that have been determined to be appropriate in the base zoning
districts provides consistency with the City's established policy on certain land uses. If
the City has already determined that certain uses are appropriate in base commercial
districts, it would be reasonable to say that they are also appropriate in the commercial
portions of the Mixed Use District. However, given the unique nature of the Mixed Use
District, the Planning Commission and Council should discuss the appropriateness of
certain commercial uses such as religious institutions, educational facilities,
warehousing and manufacturing in the Mixed Use areas.
Vertical Mixed Use. The Planning Commission indicated their desire to include a
vertical mixed use component into the proposed Mixed Use District. While the
Comprehensive Plan notes the use of vertically mixed use developments in the Mixed -
Use Business District and more laterally mixed use developments in the Mixed Use
District, we feel that vertically mixed use developments may also be appropriate in the
Mixed Use District and that incorporating such uses would not be contrary to the
Comprehensive Plan. Vertical Mixed Use Developments are proposed as conditional
commercial uses primarily because they would be proposed within areas that have
adjacent commercial uses. Aside from the general commercial performance and
building design standards, we have proposed the following additional conditions:
• Commercial uses shall occupy the first floor of all vertical mixed use
developments
• Residential components of the vertical mixed use developments will be counted
towards the overall required residential developable area and density
• At least one enclosed parking space will be required for all residential units.
Required parking spaces shall be either included within or attached to the
principal building.
• Unless otherwise required herein, building design, landscaping, buffer yards and
other relevant site elements shall be as required for commercial uses in this
District.
Additionally, there may need be a specific requirement for height as using the current
commercial regulation would only allow buildings up to 35 feet. Using the height
limitation of 45 feet as currently allowed multiple family structures in the R-5 District may
be more appropriate.
2
Density Bonuses. In order to achieve the top of the required density range (6.99 units
per acre) language for allowing more dense developments has been added to the
Residential Lot Area Standards section. This language is a carry-over from the R-3
District and would require certain design and construction standards in order to develop
at densities ranging from 5 to 7 units per acre.
Additional Changes. Additional miscellaneous changes and typos have also been
conducted since the last draft shown as strikeouts and/or red font.
CONCLUSION
The Medina Planning Commission will be continuing the discussion and public hearing
on the proposed Mixed Use District ordinance at their November 10, 2009 meeting.
c. Chad Adams
Dusty Finke
Debra Peterson -Dufresne
3
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. The Mixed Use District will serve,
In most cases, as a transitional district between more intense highway -oriented development ml
less intense rural or low -density residential uses. The intent of the Mixed Use District is to
permit flexibility in the use of land, while maintaining a high set of development standards and
expectations that will allow property owners to design development proiects that resnQns b rn
market needs and Ci development coal . The transitional aspect of development in the Mixed
ne • ative impacts they may be expected to have on existing and future development in the area.
New development proposals will be evaluated for their consistency with this DAL and may bq
New developments
in the Mixed Use District shall be consistent with the following objectives:
(1) This District shall consist of creative and thoughtful residential and commercial
development that preserves open space and natural features.
(2) 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 compleiment existing development in surrounding
residential neighborhoods.
(4) Developments shall incorporate creative design and buffering techniques to ensure
smooth transitions between different types of development or different intensities of uses.
(5) Where appropriate, Developments shall be easily accessible to pedestrians, bicyclists
and transit users.
(6) Development shall include high quality and attractive building materials and architectural
design as well as extensive landscaping in order to limit impacts on surrounding land
uses, and shall be integrated and coordinated in a way to most efficiently utilize site
improvements and to protect the natural environment.
Mixed Use Zoning District - DRAFT
November 5, 2009
Comment [LS1]: ?.did stronger,"transitional"
language
(7) Development in the MU District must demonstrate consistency with goals, policies, 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 infrastructure to connect with surrounding existing and/or future development.
Section (MU) Permitted Uses.
Subd.1. Residential 'Uses
(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 , Subd, $82844
(e) Day care facilities serving 12 or fewer persons or group family day care facilities serving
14 or fewer persons, provided: the facili is licensed as reauired by law- no more than
one person not residing at the gronertv is employed by the facility: and that Brovisions are
made so that the drop off and nick-un of clientele does not impact neiehborine nronerty
or right-of-way.
(ep Parks and Open Space
(fg) Essential Services
Subd. 2. Commercial 'Uses'.
(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
Section (MU)Conditional Uses.
Subd. 1. Residential Conditional lUsesk
Mixed Use Zoning District - DRAFT 2
November 5, 2009
- ( Comment [LS2]: Same as R-2 and R-3 Districts
Comment [LS3]: Revised to reference to MU
buffer requirements
�( Comment [LS4]: Same as CG District
Comment [LS5]: Same as R-3 District with the
addition of Assisted Liyjrty FacititiCS (cutrontly a
conditional use in R-4 District)
(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
(e) !Assisted Living Facilities, Nursing Homes and other similar usei
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
(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
m) otor fuel stations a rovided that t e site has frontage along H.. hway 55
n!Vertical Mixed Use Developments
Section (MU) Accessory Uses.
Subd. 1. Residential Accessory [UsesL
(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
Subd. 2. Commercial Accessory UUses.
(a) Off-street parking and loading
Mixed Use Zoning District - DRAFT 3
November 5, 2009
Comment [LS6]• May want to consider special
hei• t requirements for this use —otheawise As
currently written, these uses would be limited to 35
Comment [LS7]: Same as CG District with for
addition of vertical mixed ury
Comment [LSS]: See Supplemental
Requirements for Speeific Commercial Uses section
for required conditions
l Comment [LS9]: Same as R-2 District
{ Comment [LS10]: Same as CG District
(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 tandards.
(a) Minimum Lot Size (Single Family Detached): 8,000 square feet
(b) Minimum Lot Size (Two Family Dwelling): 5,000 square feet per unit
(c) Minimum Net Area per Unit (Townhome and Multiple Family Units): 8,750 square feet
per Wit{
(d) Maximum Net Area per Unit (Townhome and Multiple Family Units): 12,500 square
feet per unit,
rceived im
f __crow
n multiple -residential dwelline um
huildine complexes The Minimum Net Area per Unit reautrement above m
be consistent with the Comprehensive Plan
Affordable Hou ine (max bonus = 1 5
on the
r
ton
nit
hi ch will be pr
rel. The densi
ry
r
hall
hou
m
the
nature of the restriction utilized to maintain affordability.
iil LE Certification or similar (max bonus = 1 0 unit/acrel The density bonus shall
be based upon the level of certification with the full bonus available for the hiehest
level of certification.
based on the water qu • li improvements above those re, uired by the ci .
bau sedpon the number of rkin t 11 r i ith th 11 n s v it 1 if at
least one underground space is provided Der dwellin . unit.
(v) Sound suppression max. bonus = 0.5 unit/acrel. In order to be eligible the STC
ratin . must be increased by ten from that specified as the minimum in the Minnesota
State Building Code.
Additional storage must be at least 100 sauare feet for townhomes or 50 s • uare feet
for other uses.
Common open space and shared recreational facilities ( b us = 0 25 imit/acrel
max
Mixed Use Zoning District - DRAFT 4
November 5, 2009
on
Comment [L511]: Same as R-2 District
Comment [LS12]: Same as R-2 District
{Comment [L513]: Same as R-3 District
( Comment [LS14]: Same as R-3 District
Comment [LS15]: Same as R-3 District
i
Subd. 2. Residential Lot Standards.
Setbacks
Lot
Lot
Depth
Impervious
Surface
Maximum
Front
Side
(Interior)
Street Side*
Rear
Width
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
g-5¢Qfeet,
90 feet for
lots
adjacent to
collector
or arterial
roadway
90 feet
50% of
_ total -lc( comme
area, 60%
of lot area
remaining
after
wetlands
and
stormwater
ponds are
excluded
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-14 commet
area, 60%
of lot area
remaining
after
wetlands
and
stormwater
ponds are
excluded
�l'ownhome
& Multiple
Family
Units
Setback from
perimeter of
site**: 20
feet, 40 feet
if adjacent to
or across
30 feet
between
buildings
Private
street: 25
feet except
parking
areas and
recreational
Setback from
perimeter of
site**: 20
feet, 40 feet
if adjacent to
or across
None
None
50% of
total lot
area, 65%
of lot i coalmen
remaining
after
Mixed Use Zoning District - DRAFT
November 5, 2009
5
t [LS16]: Same as R-2 District
t [LS17]: Same as R-2 District
[LS18]: Same as R-3 District
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.
Subd. 4. Commercial Lot Standards.
{ Continent [LS19]: Sauce as CG District
Setbacks
Lot
Lot
Depth
Impervious
Surface
Maximum
Front
Side
Street
Side*
Rear
Adjacent
Residential
Adjacent
Railroad
Parking Areas
Width
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
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
Comprehensive Plan
Mixed Use Zoning District - DRAFT
November 5, 2009
6
Section (MU) Design and Development Standards.
Subd.1. General Standards for Mixed Use District:
(a) Minimum Residential Density: 3.5 dwelling units per net acre.
(b) Minimum Land Area to be devoted to residential uses: 50% of net developable land.
(c) Maximum Density: 6.99 dwelling units per acre (see density incentives).
(d) Where feasible, rResidential areas must consist of more than one dwelling unit style,
e.g. single family detached dwellings, attached townhouses or two-family dwellings, or
multiple family dwellings.
(e) Areas abutting and within 300 linear feet of Trunk Highway 55, County Road 19 and
Willow Drive shall be utilized for business -of -commercial land uses.
(f) Areas zoned Mixed Use, and within 100 feet of property designated in the
Comprehensive Plan for low density residential development, shall be comprised of
only single family detached or two family attached dwellings.
(g) Where the two standards in Vs) and (gD above conflict, standard (f) shall have
precedence.
Subd. 2. Residential Design and Development Standards.
(a) Maximum Building Height All buildings shall meet the following requirements:
(i) Building height shall not exceed 39-32_feet, but the maximum building height
shall be increased to 35 feet if the structure is equipped with a compliant fire
sprinkler or if interior side yard setbacks are increased by 50 percent.
(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 feel 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 fa9ade facing a public or
private street shall be an accent material. These materials may include shakes,
brick, stone, face brick, decorative concrete, or others approved by the City. No
less than 50 percent of the vertical exterior building materials shall be non-
combustible material such as brick, face brick, decorative concrete or others
approved by the City.
(c) Garages.
(i) Single Family and Two -Family Units. Each principal dwelling unit shall include
garage space with a minimum capacity of two vehicles.
lii) Townhomes shall include earase cnacP with a minimum capacity of two vehicle
and multiple family structures shall include a minimum of one enclosed or
undereround parkin¢ stall er dwellin nit
(iiDAll Units. In the case that garage doors occupy more than half of the horizontal
building fagade 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 7
November 5, 2009
{ Comment [LS20]: Same as R-2 and R-3 District ,
Comment [LS21]: Same as Single and Two
Family Standards (Section 840.3) and Multiple
Family Standards (Section 841.1)
Comment [LS22): 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) �Jtilities.
(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 (Townhorries 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.
r .+
(gdfrash and Recycling Facilities.
(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.
(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. 113uffer yard requirements are described in Subd.8 of
this Section
Mixed Use Zoning District - DRAFT 8
November 5, 2009
Comment [LS23]: Same as Single and Two
Family Standards (Section 840.3) and Multiple
Family Standards (Section 841.1)
Comment [L524]: Same as Multiple Family
Standards (Section 841.4)
Comment [LS25]: Same as Multiple Family
Standards (Section 841.4)
Comment [L S26]: Same as Multiple Family
Standards (Section 841.4)
Comment [LS27]: Same as Section 841.4.05 —
Supplemental Requirements for Specific Uses within
the R-3, R-4, and R-5 Residential Zoning Districts
Comment [LS28]: Proposed buffer yard
standards specific to Mixed Use
(b)
(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;
r"l:a' -ti/u t' i>rsestablishAd-fienticemat;ien-e€-a-fesidefitiat-ase
(ix) 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.
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 9
November 5, 2009
Comteent [1.529]: Proposed buffer yard
standards specific to Mined 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) 13ay Care Facilities serving 16 or fewer personsL
(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.
from an intersection with an arterial roadway;
Mixed Use Zoning District - DRAFT
November 5, 2009
10
Comment [LS30]: Titken from existing R-t
District lane nave — do we want to keen this?
Comment [LS31]: Du we need to consider
special height requirements for these uses?
(iil structures shall cover no more than 20 percent of the lot and the combined floor
area of all structures shall not exceed an amount equal to 30 percent of the lot
area:
(iiil ap rking require 101,5 shall be ba ed on the number of eml2lgvees of the facility,
expected guest visitation and the likelihood of residents owning vehicles. Parkins;
or residents of the facility hall be nclo ed or nderero t d con i t nt �=pith th
requirements of the zoning district;
(ivl sufficient outdoor plaza and recreational areas hall be provided;
(vl exterior buildinu materials shall consist of the following materials: brick n r 1
stone stucco Exterior Insulation and Fini h system or similar, i thict Conner,
glass, decorative concrete, split face (rock face) decorative block, and/or
decorative ire -cast concrete D. els. A maximum of 21 •ercent of the vertical
uildine exterior may be metal or fiber cement lap idine or oth r material
a!Droved by the city if used as acc-nt materials which are integrated into the
overall building design
vil the city council may reauire coma ance 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.
(a) Single and Two Family Unit.
(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 financial 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
alternatives 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
Mixed Use Zoning District - DRAFT 11
November 5, 2009
{ Comment ILS32]: Same as Section 840.3.04 )
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. ,
' �3 €eel e:°e- ` . ilY- ""'""" Elie fre�E leE line "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
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.L
(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. Water
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.
Mixed Use Zoning District - DRAFT 12
November 5, 2009
Comment [Finke33]: 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.
Comment [LS34]: Same as Section 840.3.03
excluding Subd. 2 (Buffer Yards)
(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 financial guarantee and provide access to the
property, in forms acceptable to the city, prior to issuance of any building
permit to ensure the planting and survival of the plantings. The developer
may transfer financial guarantee responsibility to another willing entity.
• 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) I'ownhome 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
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.
Mixed Use Zoning District - DRAFT 13
November 5, 2009
Comment [1535]: Same as Section 841.4.03
excluding Subd. 3 (Buffer Yards)
" C r e d i t f o r P r e s e r v e d T r e e s . T h e c i t y m a y r e d u c e t h e r e q u i r e d n u m b e r o f
o v e r s t o r y t r e e s i f a n a p p l i c a n t p r e s e r v e s m o r e e x i s t i n g t r e e s t h a n r e q u i r e d
b y t h e T r e e P r e s e r v a t i o n O r d i n a n c e , S e c t i o n 8 2 8 . 4 1 . T h e c i t y s h a l l
d e t e r m i n e t h e a m o u n t o f c r e d i t g r a n t e d f o r s u c h e x i s t i n g t r e e s .
( i v ) O r n a m e n t a l T r e e s . A m i n i m u m o f o n e t r e e p e r 1 2 0 f e e t , o r f r a c t i o n t h e r e o f , o f l o t
p e r i m e t e r s h a l l b e r e q u i r e d . A n y l o t p e r i m e t e r f o r w h i c h a b u f f e r y a r d i s
r e q u i r e d s h a l l b e e x c l u d e d f r o m t h i s c a l c u l a t i o n . O n e t r e e p e r 1 5 0 f e e t s h a l l b e
r e q u i r e d i f a w a t e r c o n s e r v i n g a l t e m a t i v e i s u t i l i z e d f o r t h e l a w n o r i f b i o r e t e n t i o n
o r o t h e r l o w i m p a c t d e v e l o p m e n t p r a c t i c e s a r e i m p l e m e n t e d .
" S i z e . T r e e s s h a l l n o t b e l e s s t h a n o n e a n d o n e - h a l f c a l i p e r i n c h e s
m e a s u r e d f o u r f e e t o f f g r o u n d .
" L o c a t i o n . T r e e l o c a t i o n s h a l l b e a p p r o v e d b y t h e c i t y p r i o r t o p l a n t i n g .
" T y p e . T r e e s s h a l l b e s u i t a b l e f o r t h e s o i l a n d s i t e c o n d i t i o n s a n d
c o m p l i m e n t o t h e r s i n t h e a r e a . N a t i v e s p e c i e s a r e r e q u i r e d u n l e s s
o t h e r w i s e n e c e s s a r y . N o m o r e t h a n 2 5 p e r c e n t o f t r e e s m a y b e o f a s i n g l e
s p e c i e s .
( v ) U n d e r s t o r y S h r u b s . I n a d d i t i o n t o t r e e s , a f u l l c o m p l i m e n t o f u n d e r s t o r y s h r u b s
s h a l l b e p r o v i d e d t o c o m p l e t e a q u a l i t y l a n d s c a p e t r e a t m e n t o f t h e l o t . S h r u b s
s h a l l b e p o t t e d a n d a m i n i m u m o f 2 4 i n c h e s . I n n o i n s t a n c e s s h a l l t h e n u m b e r o f
s h r u b s b e l e s s t h a n o n e p e r 4 0 f e e t , o r f r a c t i o n t h e r e o f , o f l o t p e r i m e t e r . A n y l o t
p e r i m e t e r f o r w h i c h a b u f f e r y a r d i s r e q u i r e d s h a l l b e e x c l u d e d f r o m t h i s
c a l c u l a t i o n . O n e s h r u b p e r 5 0 f e e t s h a l l b e r e q u i r e d i f a w a t e r c o n s e r v i n g
a l t e m a t i v e i s u t i l i z e d f o r t h e l a w n o r i f b i o r e t e n t i o n o r o t h e r l o w i m p a c t
d e v e l o p m e n t p r a c t i c e s a r e i m p l e m e n t e d .
( v i ) P a r k i n g L o t L a n d s c a p i n g . A m i n i m u m o f e i g h t p e r c e n t o f t h e t o t a l l a n d a r e a
w i t h i n p a r k i n g a r e a s s h a l l b e l a n d s c a p e d . P a r k i n g l o t s w i t h f e w e r t h a n 1 0 s t a l l s
s h a l l b e e x e m p t f r o m t h e s e r e q u i r e m e n t s .
" L a n d s c a p i n g a t l e a s t 1 2 f e e t i n w i d t h s h a l l s e p a r a t e p a r k i n g l o t s i n t o c e l l s
o f n o m o r e t h a n 1 2 0 s t a l l s .
" L a n d s c a p i n g s h a l l b r e a k u p r o w s o f p a r k i n g a p p r o x i m a t e l y e v e r y 2 0
s p a c e s .
" S p e c i e s s e l e c t i o n s h a l l b e g u i d e d b y s o i l s c o n d i t i o n s a n d p l a n t i n g s s h a l l b e
d e s i g n e d i n a w a y w h i c h i n c r e a s e s t h e l i k e l i h o o d o f l o n g - t e r m s u r v i v a l .
" W h e r e p r a c t i c a l , t h e l a n d s c a p i n g a r e a s s h a l l b e d e s i g n e d t o r e c e i v e
s t o r m w a t e r r u n o f f f r o m t h e a d j a c e n t p a r k i n g a r e a .
( v i i ) M a i n t e n a n c e . T h e d e v e l o p e r s h a l l b e r e s p o n s i b l e f o r e s t a b l i s h i n g a l o n g - t e r m
m a i n t e n a n c e p l a n t o s e e t h a t c o m m o n s p a c e a n d b u f f e r y a r d l a n d s c a p i n g a n d
f e n c i n g i s m a i n t a i n e d i n a n a t t r a c t i v e a n d w e l l - k e p t c o n d i t i o n a n d t o r e p l a c e a n y
l a n d s c a p i n g t h a t d o e s n o t s u r v i v e . L a n d s c a p e i r r i g a t i o n , w h e r e n e c e s s a r y , s h a l l b e
c o n s i s t e n t w i t h w a t e r u s a g e r e g u l a t i o n s .
( v i i i ) L a n d s c a p i n g G u a r a n t e e . T h e d e v e l o p e r s h a l l g u a r a n t e e t h e g r o w t h a n d
m a i n t e n a n c e o f a l l p l a n t s f o r a m i n i m u m o f t w o g r o w i n g s e a s o n s f o l l o w i n g a n
i n s p e c t i o n o f a l l c o m p l e t e d p l a n t i n g s .
" T h e d e v e l o p e r s h a l l s u b m i t a f i n a n c i a l g u a r a n t e e a n d p r o v i d e a c c e s s t o t h e
p r o p e r t y , i n f o r m s a c c e p t a b l e t o t h e c i t y , p r i o r t o i s s u a n c e o f a n y b u i l d i n g
M i x e d U s e Z o n i n g D i s t r i c t - D R A F T 1 4
N o v e m b e r 5 , 2 0 0 9
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 financial 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- Fxce t for Ve ical Mixed Use Developments &structures in excess of
50,000 square feet of floor area shall only be permitted subject to conditional use permit
approval, the specific requirements established in Section 838.5.08, and other applicable
provisions of the city code.
(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.
(i) Lighting levels at property lines shall be limited to 0.5 foot-candle, except if
adjacent to a residential bland use, where lighting shall be limited to
0.0 foot-candle.
(ii) Parking lot and Walkway lighting fixtures shall utilize full cut-off luminaries with
no more than 10 percent of light output above the horizontal plane through the
light source.
(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
patterned 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.
Mixed Use Zoning District - DRAFT 15
November 5, 2009
Comment [1536]: 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 —except for
references to residential land use instead of
residential zoning district
(e) (Building Modulation. Buildings shall be modulated a minimum ofjonce per 40 feet 1of
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 zeland use shall
include design and architectural elements of a quality generally associated with a front
facade. The elevation(s) shall be compatible with the front building elevation. Additional
signage shall be permitted for an elevation facing a public street or interior access drive,
as regulated within the sign ordinance. Multi -sided architecture shall not be required in
situations where the rear or side building elevation is fully screened from view from the
adjacent street or residential property.
(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 visible from adjacent property or public streets.
(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.
i�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 bepf adequate
size immediately upon planting. The plants within a vegetative screen shall be in
addition to the general landscaping requirements of this section.
Mixed Use Zoning District - DRAFT 16
November 5, 2009
Comment [LS37]: Needs further discussion J
Comment [Finke38]: This is borrowed from the
commercial ordinances. Upon further reflection, this
may be a bit too busy
Comment [Finke39]: Height is limited to 35
feet above, this wouldn't come into play
(tri_i)Standards for screening fences or walls. A screening fence or wall shall be
constructed of attractive, finished materials such as masonry, brick or wood.
Materials and design shall be compatible with the principal structure. The height
of the fence or wall shall be determined by the city taking into account the
characteristics of the object(s) or area being screened.
(eii)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.
(eLy)Berming. If an earth berm is proposed to supplement the screening, the berm shall
be undulating in order to give a natural appearance.
(p1)Outside Storage of Service Vehicles. A limited number of vehicles utilized for the use
permitted on a property may be stored within the required off-street parking area. One
vehicle for every 10,000 square feet of building footprint, or portion thereof, shall be
allowed. Vehicles shall be currently licensed, operable, less than 24 feet in length, and
not more than 12,000 lbs. of gross vehicle weight. Additional vehicles and larger vehicles
than allowed above shall be parked inside of buildings, within a loading dock, or within
an outside storage area as regulated herein.
(IELZO Loading Docks.
(i) Screened from Residential. No loading dock shall be visible, to the fullest extent
possible, from any residential eland use. Screening may be
accomplished through one or more of the following: using buildings to screen,
opaque landscaping, decorative walls, or decorative fencing.
(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
(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
in which it is located.
(ii) Required Front, Rear, and Side Yard Setbacks shall be increased to 50 feet.
(iii) Structures and loading areas shall be no less than 100 feet from residential eetxing
distfietsland uses. Parking shall be no less than 80 feet from residential wing
distrietsland uses.
(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
(i) The structure containing the use shall be no less than 200 feet from residential
distrfetsland uses.
Mixed Use Zoning District - DRAFT 17
November 5, 2009
Comment [L540]: Same as Section 838.5.08
except for residential land use vs. residential zoning
district references
(ii) Equipment specifications shall be submitted. Vibration and noise reduction
measures, and conditions related to building layout may be required by the city.
Measures may be required regarding ventilation systems in order to prevent
adverse effects of exhaust or emissions on adjoining property or tenant spaces.
(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.
(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.
Mixed Use Zoning District - DRAFT 18
November 5, 2009
(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
zeff'n�land uses.
(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 flexing
bland use. Additionally, the primary vehicular access point to the hospital
shall not be located within 1,500 feet of a residential bland use.
(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 bland
>151.
(iv) A traffic analysis shall be submitted which specifically takes 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) Motor Fuel Stations
(il Fuel ut and structures shall be no les than 200 feet from residential land uses
(iil No ineress or eeresc to the ite shall be provided within 60 feet of the projected
curblines of intersecting streets.
iiil Fuel pumps shall be installed at least 12 feet from repuired vard ack setbs.
(ivl Stackine shall be provided at each fuel pump island �=�h;�h rinPc nor ;nrP,fP,-P .=,;rh
vehicle or pedestrian circulation
(v) Site drainaee and stormwater facilitie hall be designed to limit thet ntial
impact of fuel spills and other hazardous materials.
Mixed Use Zoning District - DRAFT 19
November 5, 2009
An protective canopy shall meet the reauired yard setbacks of the district
n
structure shall be constructed using materials and architectural desi . which are
compatible with th- •rin i •al structure. Canon li tine shall be recessed or full
shielded and shall meet the outdoor lightingrea ' - is • • • •• ' + •
t
1
r th
n
20
feet from
ro
lin
The c
n
se
h
11
1
meet the requirements set forth herein for the specific use.
(v'ii Additional screenin may be reauired to limit the impact of headli . hts on
adjacent property.
(fls)Outdoor dining and/or drinking areas
(i) The outdoor space shall be at least 200 feet from any residential eiliftg- distFietland
use.
(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.
(1e)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 parking/loading or landscaping areas, and shall
not interfere with fire safety access to the building.
(1ffi)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.
(fan)Pet Stores or Veterinarian Clinics
(i) Shall not be located within 200 feet of a residential zeland use.
(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_claily. 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 20
November 5, 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.
(el�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 Eels
use
(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.
(ep)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
Eenieg-distpistland use.
(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
Mixed Use Zoning District - DRAFT 21
November 5, 2009
information required by the zoning administrator in order to review compliance
with the requirements of this ordinance. The zoning administrator may require
any necessary conditions to the use to ensure compliance with this ordinance and
to promote public safety, or may deny an application which does not abide by the
conditions or otherwise violates this ordinance. The applicant may appeal a
decision of the zoning administrator to the city council. The applicant shall be
responsible for costs accrued with review of the application and any appeal, as
described by city fee schedule.
• Vertical Mixed Use Developments.
>
rcias shall occunv the first floor of all vertical mixe
developments.
will be counted towards the overall required residential developable area and
density.
iiil At llosed Harkins snace will be reauired for all restdentia1 units
Required parking spaces shall be either included within or attached to the
principal building.
(iv) Building H6g1u9
vl Unless otherwise r
tr
her
ildine desien. 1
n
m
ffer var
an
other relevant site elements shall be as required for commercial uses in this
District.
Subd. 7. 1Commercial Landscaping Requirement.
(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.
Mixed Use Zoning District - DRAFT 22
November 5, 2009
Comment [LS41]: We may need to include
special height requirements for vertical mixed use
developments (R-5 District allows 3 stories or 45
feet)
Comment [LS42]: Same as Section 838.5.03
Option: reference instead of list out
(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
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.
Mixed Use Zoning District - DRAFT 23
November 5, 2009
Subd. 8. Mixed Use Buffer Yards Requirements L
(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 bland u4P, 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 Eoland use, as summarized by the
following table.
aci
Type of
Mixed Use Development
Townhomes &
Multiple Family
Commercial
Single
Family
Two
Family
b
Single Family
0.1 *
0.2
0.3
0.4
a c
Two Family
0.2
0.1 *
0.2
0.3
Townhomes and Multiple
Family
0.3
0.2
0.2
0.3
2 o
ta,p-' *
0 0 e
Commercial, Uptown
E
9 c
U d
Hamel, General Business,
and Industrial
0 -tz a
.-t d C
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
Minimum # of
Buffer Yard
Buffer Yard
Minimum Required
Width
Planting Points
per 100 linear
feet
Berm or Fence
Mixed Use Zoning District - DRAFT
November 5, 2009
24
Comment [LS43]: Slightly modified f un
Section 828.31 to apply more appropriately to Mixed
Use developments
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
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
20'
330
Minimum 44" picket fence
0.4
25'
440
None Required
25'
362
Minimum 4' wood rail fence
30'
385
None Required
Mixed Use Zoning District - DRAFT
November 5, 2009
25
35'
349
None Required
35'
208
Minimum 4' berm
40'
327
None Required
40'
148
Minimum 5' berm
45'
310
None Required
50'
299
None Required
50'
56
Minimum 6' berm
0.5
30'
564
None Required
30'
405
Minimum 44" picket fence
30'
492
Minimum 4' wood rail fence
35'
499
None Required
35'
319
Minimum 4' berm
40'
454
None Required
40'
261
Minimum 5' berm
45'
422
None Required
50'
405
None Required
50'
160
Minimum 6' berm
55'
388
None Required
60'
374
None Required
(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.
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
Mixed Use Zoning District - DRAFT
November 5, 2009
26
"
M e d i u m e v e r g r e e n t r e e
2 0
4 ' t a l l
L o w e v e r g r e e n t r e e
1 2
3 ' t a l l
T a l l d e c i d u o u s s h r u b
5
3 6 " t a l l
M e d i u m d e c i d u o u s s h r u b
3
2 4 " t a l l
L o w d e c i d u o u s s h r u b
1
1 8 " t a l l
M e d i u m e v e r g r e e n s h r u b
5
1 8 " t a l l / w i d e
L o w e v e r g r e e n s h r u b
3
1 2 " t a l l / w i d e
( e ) T y p e s o f p l a n t i n g . P l a n t s s h a l l b e s u i t a b l e f o r t h e s o i l a n d s i t e c o n d i t i o n s a n d c o m p l i m e n t
o t h e r s i n t h e a r e a .
( i ) P l a n t s s h a l l m e e t t h e s i z e r e q u i r e m e n t s d e s c r i b e d i n t h e t a b l e a b o v e a t t h e t i m e o f
p l a n t i n g .
( i i ) U n l e s s o t h e r w i s e a p p r o v e d b y t h e c i t y , p l a n t s s h a l l b e c o n s i s t e n t w i t h t h e M i n n e s o t a
D e p a r t m e n t o f N a t u r a l R e s o u r c e s ' " F i e l d G u i d e t o t h e N a t i v e P l a n t C o m m u n i t i e s o f
M i n n e s o t a , t h e E a s t e r n B r o a d l e a f F o r e s t P r o v i n c e . "
( i i i ) N o m o r e t h a n 2 5 p e r c e n t o f p l a n t s s h a l l b e f r o m o n e s p e c i e s .
( i v ) P l a n t s s h a l l b e s e l e c t e d a n d p l a c e d i n a w a y w h i c h m o s t e f f e c t i v e l y p r o v i d e s a b u f f e r ,
a s a p p r o v e d b y t h e c i t y . S p e c i e s w i t h k n o w n v u l n e r a b i l i t y t o d i s e a s e o r i n f e s t a t i o n
s h a l l n o t b e p e r m i t t e d . T h e l a n d s c a p i n g p l a n s h a l l c o n s i d e r f a c t o r s s u c h a s
s u r v i v a b i l i t y o f p l a n t i n g s , s u r r o u n d i n g t o p o g r a p h y , a n d i n t e r a c t i o n w i t h
b e r m s / f e n c e s .
( f ) C r e d i t f o r e x i s t i n g v e g e t a t i o n . T h e c i t y s h a l l g r a n t c r e d i t f o r e x i s t i n g v e g e t a t i o n t h a t i s
p r e s e r v e d w i t h i n a n a r e a w h e r e a b u f f e r y a r d i s r e q u i r e d . C r e d i t s h a l l b e b a s e d o n ( d )
a b o v e , i n c l u d i n g t h e a d d i t i o n a l p o i n t s f o r l a r g e r p l a n t i n g s .
( g ) B e r m s a n d F e n c e s . W h e n b e r m s o r f e n c e s a r e c o m b i n e d w i t h p l a n t m a t e r i a l s i n a b u f f e r
y a r d , a t l e a s t h a l f o f t h e p l a n t i n g s s h a l l b e l o c a t e d t o w a r d s t h e e x t e r i o r o f t h e s u b j e c t
p r o p e r t y , i n r e l a t i o n t o t h e l o c a t i o n o f t h e f e n c e o r b e r m . I f a n e a r t h b e r m i s p r o p o s e d ,
t h e b e r m s h a l l b e u n d u l a t i n g i n o r d e r t o g i v e a n a t u r a l a p p e a r a n c e .
( h ) B u f f e r y a r d l o c a t i o n . B u f f e r y a r d s , w h e n r e q u i r e d , s h a l l b e l o c a t e d a d j a c e n t t o t h e o u t e r
p e r i m e t e r o f a d e v e l o p m e n t s i t e .
( i ) B u f f e r y a r d s m a y b e l o c a t e d w i t h i n r e q u i r e d y a r d s e t b a c k s , b u t a p r i n c i p a l s t r u c t u r e
s h a l l b e s e t b a c k a m i n i m u m o f 1 0 f e e t a n d a n a c c e s s o r y s t r u c t u r e a m i n i m u m o f
f i v e f e e t f r o m t h e b u f f e r y a r d .
( i i ) I n t h e c a s e a w e t l a n d i n t e r f e r e s w i t h t h e l i n e a l c o n t i n u a t i o n o f a b u f f e r y a r d ,
a l t e r n a t i v e m e a n s m a y b e r e q u i r e d b y t h e c i t y t o r e d u c e t h e i m p a c t o f t h e
d e v e l o p m e n t u p o n a d j a c e n t p r o p e r t y .
( i ) R e c o r d e d d o c u m e n t r e q u i r e d . A d o c u m e n t , i n a f o r m p r o v i d e d b y t h e c i t y , s h a l l b e
r e c o r d e d a g a i n s t t h e p r o p e r t y o v e r w h i c h a b u f f e r y a r d l i e s . T h i s d o c u m e n t s h a l l i n c l u d e ,
a t a m i n i m u m , t h e l o c a t i o n o f t h e b u f f e r y a r d , t h e r e s t r i c t i o n s o n t h e u s e o f t h i s p r o p e r t y ,
a n d t h e m a i n t e n a n c e r e s p o n s i b i l i t y f o r t h e l a n d s c a p i n g a n d i m p r o v e m e n t s .
( j ) U s e o f b u f f e r y a r d s . B u f f e r y a r d s s h a l l b e l e f t i n a p r e d o m i n a n t l y u n d e v e l o p e d s t a t e .
P a s s i v e r e c r e a t i o n a n d p e d e s t r i a n , b i c y c l e , o r e q u e s t r i a n p a t h s m a y b e a l l o w e d , s o l o n g a s
t h e r e q u i r e d p l a n t i n g s a r e p r o v i d e d . N o s p o r t s c o u r t s , s w i m m i n g p o o l s , s t o r a g e o r o t h e r
M i x e d U s e Z o n i n g D i s t r i c t - D R A F T 2 7
N o v e m b e r 5 , 2 0 0 9
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.
Subd. 1. Process. All development in the MU District shall follow the process outlined in this
section. No development in the MU District shall be permitted prior to the completion of all
stages of review, nor without the submission of all required documents, including any additional
documents that may be required by the City in the review of the proposed MU development. At
any Stage under this Section the City shall have the discretion to consider the following actions:
(a) Approve a mixed use development as submitted;
(b) Approve a mixed use development subject to conditions specifying changes to the
submitted proposal; or
(c) Deny any proposed mixed use development if it is found that the proposed development
does not meet the objectives of this District or of the Comprehensive Plan, or of any of
the standards and requirements herein.
Subd. 2. A Mixed Use Development will require approval of the following documents:
(a) A Stage I Plan which identifies the parcels proposed to be subject to the mixed use
development, proposed land uses,. general site plan layout, phasing, and other general
elements of the project.
(b) A Stage II Plan which identifies the development details of Phaao lthe current phase(s)
of the project, along with a Preliminary Plat that identifies lot sizes, Outlot dimensions
and future land uses, and all areas to be dedicated to the public, consistent with the
City's Subdivision regulations.
(c) 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. 4. Stage I Plan.
(a) The Stage I Plan establishes the general layout of land uses and densities of
development in the MU District. The Stage I Plan further identifies the limits of the
MU development, for purposes of identifying residential unit counts, acreages devoted
to various land uses, and overall compliance with Comprehensive Plan objectives.
More than one parcel may be included in an individual Stage I Plan for a mixed use
development.
(b) The Stage I Plan shall be a recordable document, recorded with the Development
Agreement against all parcels in the mixed use development, including Phase 1
development and all future phases. The purpose of the Stage I Plan is to provide notice
to future owners and developers, as well as City officials, of the land use and
development expectations for future phases of the mixed use development. An
Mixed Use Zoning District - DRAFT 28
November 5, 2009
approved Stage I Plan shall not require revision, and may serve as the basis for Stage II
plans for any parcel in the mixed use development. The Stage I Plan DOES NOT
confer any development rights — such rights are established only upon approval of a
qualifying Stage II Plan and associated Preliminary Plat, or at another time as may be
required by Minnesota law or agreed to between developer and City. The approved
Stage I Plan may be amended pursuant to a new application process under this section.
Subd. 5. Stage I Plan submission requirements. The submission requirements for Stage I Plan
approval shall include:
(a) Narrative description of the mixed use project, including how the project fulfills the
purposes of the MU District.
(b) Identification of required minimum dwelling unit count for parcel in question based on
Zoning Ordinance and Comprehensive Plan documents governing land use on the
subject property or properties.
(b) Identification of minimum required land area to be devoted for residential uses based on
Zoning Ordinance and Comprehensive Plan documents governing land use on the
subject property or properties.
(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 on their behalf.
(ii) General site analysis identifying developable land, including locations of
commercial and residential land uses, demonstration that required residential
densities can be achieved, 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.
(v) 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.
(viii) 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.
Mixed Use Zoning District - DRAFT 29
November 5, 2009
Subd. 6. Stage I Plan approval process. The process for consideration of a Stage I Plan shall be
the same as that required for a CeRelitiet se4leimief-Seetien-S23-4-3 Sebd 2 Sabd. 3
Site Plan Review under Section 825.55 of the Medina City Code.
Subd. 7. Stage II Plan.
(a) Upon approval of a Stage I Plan, an applicant may proceed to Stage II Plan approval.
The purpose of the Stage II Plan is to establish the development details for the phase of
the mixed use development covered by the Stage II Plan.
(b) A Stage II approval may be sought for any of all of the individual parcels in the proposed
mixed use development, as identified in the phasing plan incorporated in the Stage I Plan
approval.
(c) A separate Stage II Plan approval shall be required for each phase of the mixed use
development. If desired, an applicant may combine phases and proceed to Stage II Plan
approval for several phases concurrently.
Subd. 8. Stage II Plan submission requirements. The submission requirements for Stage II Plan
approval shall include:
(a) A copy of the approved Stage I Plan relating to development on the mixed use parcel in
question.
(b) Proposed Preliminary Plat, including each of the documents required by Section 820
(Subdivision Regulations) of the Medina City Code.
(i) A proposed development in the MU District shall not be eligible for the
exceptions otherwise provided for in that Section.
(ii) The Zoning Administrator may waive certain irregularities in the required process
to permit coordination of the Plat approval process with the development approval
process requirements of the MU District.
(c) All submission requirements for Site Plan Review as specified in
Section 525.13, Subd. 1.825.55 of the Medina City Code.
Subd. 9. Stage II Plan Approval Process. The process for approval of a Stage II Plan shall be
the same as that required for a Conditional Use Permit under Section 825.43, Subd. 2 — Subd. 5
of the Medina City Code.
Subd.10. Stage III Plan.
(a) Upon approval of a Stage II Plan, an applicant may proceed to Stage III Plan approval. A
separate Stage III Plan approval shall be required for each phase of the mixed use
development. If desired, an applicant may combine phases and proceed to Stage III Plan
approval for several phases concurrently.
(b) An applicant shall have six (6) months from the date of Stage II approval to submit Stage
III plans.
(c) An applicant may request an extension for the submission of such request, approval of
which is entirely at the discretion of the City Council.
(d) If no Stage III application or extension request is submitted within the required six (6)
month period, the Stage II Plan approval(s) shall be considered void.
Mixed Use Zoning District - DRAFT 30
November 5, 2009
Subd.11. Stage III Plan submission requirements. The submission requirements for Stage III
Plan approval shall include:
(a) Final plans for all approved Stage II development documents, revised per City
Council conditions and findings.
(b) Development Agreement for execution, in a form as approved by the City Attorney,
including the approved Stage I Plan as an exhibit.
(i) The Stage I Plan shall be recorded against all parcels subject to the mixed use
development application.
(ii) The City may require the Development Agreement to be recorded against
any or all parcels, at its discretion.
Subd. 12. Stage III Plan Approval.
(a) Approval of a Stage III Plan shall be by written certification of the the Zoning
Administrator, upon a finding that the submitted documents conform to the requirements
and approvals of the City Council.
(b) The Zoning Administrator shall cause the documents to be signed as necessary, filed
and/or recorded in accordance with this Ordinance and Minnesota law.
(c) No building permit shall be granted for any structure within the MU District until the
appropriate documents are so certified.
(d) Other activities within the mixed use development shall proceed only in accordance with
City requirements, including all necessary permit approvals, posting of acceptable
financial and other securities, and any other applicable regulation.
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 31
November 5, 2009
day of 2009.