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HomeMy Public PortalAbout02-12-2009CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, February 12, 2008 7:00 P.M. MEDINA CITY HALL 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 January 8, 2008 Planning Commission minutes 6. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to wetlands. Continued Public Hearing 7. Abdhish and Mary Bhaysar — 2105 Chestnut Road (PID 15-118-23-24-0003) — Conditional Use Permit for construction of a 8,400 sq. ft. accessory structure in the Rural Residential (RR) zoning district. Public Hearing 8. Robb Stauber — 705 Hamel Road (PID 12-118-23-32-0001) — Site Plan Review for the construction of three townhome units in the Multi -Family Residential (MR) zoning district. Public Hearing 9. Ordinance Amendment — Section 815 — Pertaining to regulations related to signage. Public Hearing 10. City Council Meeting Representation Schedule 11.Adjourn Posted in City Hall February 8, 2008 Agenda Item: 3 Liz Weir's PC Update: Feb 7, 2008 The Council: - promoted Dusty Finke to associate planner - held a public hearing for the $3,000,000 project to rebuild and streetscape Hamel Road from Brockton Lane to Hunter Drive. The scope of the project includes new sewer pipes, simple street-scaping and the option to bury overhead power lines. If the power lines are not buried, the cost of the project drops to $2.2 million. TIF funds from new development, sewer funds, bonding and a 20 percent assessment to benefited properties will be used to pay for the improvement. The City takes a risk if not enough new development takes place in the TIF district to create tax increment. If that should happen, the City would have to find other monies to cover costs. In order to capture TIF funds, Medina had to act now to initiate the project; however, if costs come in very high, the project can be stopped. At a meeting of Uptown Hamel business owners, everyone present supported rebuilding Hamel Road, but some questioned the cost of burying the power lines. - approved the Comprehensive Plan over two meetings with all the recommendations of the Planning Commission, except that we are considering the vacation of the Tamarack ROW easement over Elm Creek marsh. The Council also changed two parcels north of TH 55 from Commercial to Mixed Use, since both parcels abut residential. Because re - guiding the Watertower site from Mixed Use to Commercial on the south side of 55 meant a loss of housing units to the 2016 increment of the staging plan, we added parcels of low density housing west of Mohawk to that staging boundary. At the Park Commission's requests, more potential trails were added to the trail map. The Comprehensive Plan now goes to our surrounding 18 agencies for up to six months of comment, before it is officially submitted to the Metropolitan Council for review. - discussed applying a 12-month moratorium to allow staff time to rewrite the ordinances that will support the guiding in the 2030 Comprehensive Plan. Staff begins work on the new ordinances immediately. - received well over 50 letters and e-mails from residents who fear a future major north/south route from TH 55 to County Road 6. The correspondence requests the vacation of the Tamarack ROW easement over Elm Creek marsh. The Council is in support of vacation of the ROW but will consider keeping the utility easements. Because the ROW crosses Elm Creek, a state water body, the DNR has 60 days in which to comment, before any action can be taken. A public hearing will be held April 15. - held a workshop to review City goals achieved in 2007 and to set new goals for 2008. Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes CITY OF MEDINA PLANNING COMMISSION DRAFT Meeting Minutes Tuesday, January 8, 2008 1. Call to Order: Acting Chair Mary Verbick called the meeting to order at 7:01 p.m. Present: Planning Commissioners Mary Verbick, Jeff Pederson, Michele Litts, Charles Nolan, Robin Reid, Victoria Reid, and Jim Simons. Absent: None Also Present: Councilmember Elizabeth Weir, Planning Director Tim Benetti, City Wetland Conservation Act Agent John Smyth, and Assistant to Planning Dusty Finke. 2. Nominations and Elections for Chair and Vice -Chair for 2008 Verbick asked for nominations for Planning Commission Chair and Vice Chair. Commissioners nominated Charlie Nolan, Jeff Pederson, and Robin Reid. Following statements from the nominees, ballots were handed out, and Pederson received four votes. Commissioners nominated Robin Reid and Charlie Nolan for Vice Chair. Ballots were handed out and Nolan received the majority of the Vice Chair votes. Motion by V. Reid, seconded by R. Reid to approve the election of Jeff Pederson as Chair and Charlie Nolan as Vice Chair. Motion passes unanimously. 3. Public Comments on Items Not on the Agenda Terry Heitland (1300 Oakview Road) stated he had received a letter from a neighbor regarding the Tamarack right-of-way across Elm Creek between Blackfoot Road and Hamel Road. He stated that the rural atmosphere is extremely important to Medina and he shares the concerns of Seth and Nancy Hoyt, the authors of the letter. R. Reid stated the Comprehensive Plan does not identify a road in this area within the next 20 years, but that the appearance of the right-of-way is confusing. Weir stated the fear is likely because of the City approaching state -aid eligibility. She stated that people are afraid because Tamarack may be one of the few opportunities for a north -south connection through the City and other agencies might apply pressure to the City. 4. Update from City Council Proceedings Weir wished members a Happy New Year and welcomed the new members. She summarized Council actions since the last Commission meeting, including: approved Landform as consultant planner; swore in Jodi Wunsch as Deputy Clerk; accepted feasibility study on 1 Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes Hamel Road reconstruction and called a public hearing on street improvements for January 15; discussed the Highway 55 Coalition's long-term concept and the City Council's goal to prevent impacts on Elm Creek, as well as studying ways to lessen impact on local business; reviewed the Farr memory care/office concept plan; and advertised for Well 7 project. 5. Planning Department Report Benetti stated that Chapters 6 and 7 of the draft Comp Plan are being updated by the Advisory Panel's drafting committee, and maybe a bit different when presented to the City Council than when the Commission reviewed them. He stated that at this time, there are no land use applications pending for the February meeting, but there may be some in the next couple of days. He stated that he took part in an orientation with the new members. Benetti also stated he had updated the Planning Commission procedures manual ahead of that training and the Commission could discuss the manual later in the meeting. 6. Approval of December 11, 2007 Planning Commission Minutes Motion by Nolan, seconded by Pederson to approve the December 11 minutes with the noted changes. Motion carries unanimously (Abstentions: Simons, V. Reid). 7. Ordinance Amendment — Section 828.43 — Pertaining to Regulations Related to Wetlands. Continued Public Hearing Smyth delivered a brief staff report. He reviewed the benefits of wetland buffers, and suggested buffers widths for various functions. Smyth described the four functional classifications of wetlands. He described the various regulations of the three watershed districts in the City. Smyth summarized the draft ordinance, including what triggers would require the establishment of buffers, the size of the buffers, and the other regulations in the ordinance. Public Hearing continued Bob Trojan (3505 Pioneer Trail) asked if you would have to put buffers around all the wetlands on the property, even if they're uphill and 1000 feet away. Smyth replied that all wetland would require buffers. Trojan stated that if you can't measure something, you can't improve it. He asked if there was a measurement that is meant to be improved by the ordinance. If you can't measure it, you don't know if you're improving it. He stated that 3/5 of the wetlands in the City are at the highest quality, so maybe there is no need for a buffer. He stated there is no evidence that our Preserve wetlands are getting any worse. He said 90% of harmful nutrients come from agriculture, and this ordinance does nothing about it. Trojan stated that landowners have to grant an easement over the property, which would allow the City to push trails through peoples' back yards as well. He said everyone wants to be a good steward of the environment and that mowed lawn is phenomenal at filtering nutrients as well. 2 Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes Verbick stated the goal is to maintain and protect the wetlands. She said going back to repair wetlands is more difficult than protecting them now. Weir stated that wetlands tend to have lower values as you get more and more hardcover, so Medina should seek to protect the quality of wetlands now. For examples of why wetland protection is needed, there are two impaired water bodies in the City and Holy Name will soon be designated as impaired. Additionally, high quality wetlands with buffers can protect land values. Paul Robinson (RGN Development, 1521 94th Lane, Blaine) said he had submitted a letter. They are not opposed to an ordinance, and have plenty of examples of working with them. The City should take incremental steps with the buffers. Distance from the wetland doesn't help keep people out of buffers as much as good signage, a defendable easement, and education. He stated that existing roads and right-of-ways should be exempt from buffer requirements. He said there should be more flexibility to reduce the buffer to 5 or 10 feet over a small distance if you have thousands of feet with larger buffers. Bruce Workman (2212 Chippewa Road) stated that he has interests in a number of points, including quality of wetlands, and how it impacts property owners. If you have higher quality, you will get a better value. However, if you make things entirely undevelopable, you take all value away. He stated that, in his case, he would lose 20% of his lots. The property would be better if developed, because it is farmed right up to the wetland edge with 10 tons of phosphorous/year. Larger developments should be able to work out deals and get what the City needs. However, if the ordinance is too strict, you lose out on that. He stated that if the intent is to clean up a certain watershed, it shouldn't be just a blanket ordinance. Abdhish Bhaysar (2105 Chestnut) stated that they moved in four years ago. They have delineated their wetlands and knew where the rules would allow them to build. They were excited to build up their wetlands to improve habitat. They wished to build a house for the family, build a barn for some horses, and then rehabilitate the wetlands. He stated that buffers are used by cities because they are easily quantifiable. Buffers give a false sense of security that the wetland will be secure. He stated that buffers are a simplistic way to help wetlands, but there are better ways. Bhaysar stated that the large number of Preserve wetlands shows not that they deserve some special protection, but rather that many, many people may get severely impacted. He stated the ordinance is taking a family that is trying to do good things for the wetlands and disallowing them from doing things they wish to do with their lives. If you wanted to protect wetlands, you would tell everyone that you have to put buffers around every wetland automatically. However, if you did that, there would be a revolt. He said having these triggers just hits a few people every year, and it may take hundreds of years to protect all the wetlands. Verbick stated that the ordinance with triggers allows the City to get to the point where there are buffers around all of the wetlands. The City can monitor it as certain things happen, and it is the most reasonable and legal way of establishing the buffers. Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes Bhaysar stated that wetland regulations are very complex and have passed under the radar of most residents, because they don't know how it would impact them. The City should send out information to all of the residents every time something may change that could impact them. Publishing a notice is not enough. He suggested that if the triggers are left in to impact existing property owners, then it should be delayed so that property owners know it is coming. Doug Dickerson (2625 Pioneer Trail) stated that the map shows that he has a Manage 1 wetland on his property, although if he had it delineated, it likely would not even be a wetland. Dickerson suggested buffers of 35 feet; 25; 20; 20. He also suggested keeping the structure setback at 20 feet. He stated that he would like to entertain the idea of creating an area within the highest quality natural resource areas where there would be larger buffers. Ben Hodap (Anderson Engineering, Plymouth) stated that he has done a lot of work in the community, the surrounding watersheds, and is familiar with state regulations. He stated they had questions from clients to see how it would impact them. He stated that the ordinance should reference MnRAM 3.1, since that is the current standard. He said the setback from the edge of the buffer is also questionable...this is like having a buffer, on the buffer, on the wetland. Hodap stated that the City Engineer uses the information from the state study. However, a study in Eden Prairie showed that the bulk of the pollution and nutrients are captured within the first 15 feet of the buffer. He said the City's assessment covers up vast differences among the Preserve wetlands within the City. Smyth stated that the Eden Prairie study was done under the best possible conditions with the best possible vegetation. The state report was broader. Simons asked if it would be the responsibility of the property owner to classify wetlands that aren't previously classified. Smyth replied that it would be, but most of the information needed could be acquired while they were already out delineating the wetland. They then would only need to enter it into the program. Nolan stated that an easement can have very specific language that states what its purpose is, and the City can't just push public trails through everywhere. V. Reid inquired if someone could place a path through the buffer to reach a pond. Finke stated that the current draft doesn't explicitly allow for a path. V. Reid stated the ordinance is for the common good, but it also has to be reasonable. Weir inquired if there should be an exemption for a lot of record that would be rendered unbuildable. 4 Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes Nolan stated the setback from the buffer is a setback on top of another setback. He stated that he could see how this could be burdensome. Flexibility is important, because Medina is unique. The issue with burdening homeowners has been troubling. He stated that under the ordinance they could only apply during the growing season, and they would have to go get engineers and wetland scientists. He said he supports triggering the ordinance on subdivisions, commercial projects, and new homes. Other activities, such as garages and barns, should have some sort of minimal buffer so people aren't building right up against the wetland. Simons stated he understands what Nolan is getting at. Rather than trying to decide how many square feet should be considered a "major project," this would be a bit cleaner. R. Reid stated that a large majority of wetlands would have the highest restrictions, so the impact may be more than we first thought, because there are so many preserves. The ordinance should differentiate between developers and single-family homeowners. The triggers should be updated to be more consistent with Minnehaha Creek Watershed, but adding in new construction. There should be more flexibility so that there doesn't have to be a formal variance. Litts stated staff should also look at the exemption for lots which are made unbuildable. Verbick stated that they had discussed animal grazing in the wetlands and allowing trails. Litts leaves the meeting at 10:02 p.m. Nolan stated that he believes the minimum buffers in the draft are not flexible enough and are excessive. Workman stated the buffers may not be a big deal for large lots, but could hurt more dense development. Robinson stated that with attached residential units, the buffer could be within commonly owned land, and it would be someone's back yard. In these cases, setbacks aren't as important. Smyth stated he is a big proponent of the setbacks, as it helps so much with enforcement. Pederson inquired if something more shouldn't be done regarding horses and agriculture. Smyth said some of that will also be addressed with the City's stormwater plan. Weir stated even if we differentiate between developers and homeowners, we shouldn't just write off all regulations for existing lots. Motion by R. Reid, seconded by Simons to table the wetland ordinance until the February meeting and direct staff to prepare an amended ordinance with the recommendations from the Commission. Motion carries unanimously (Absent: Litts). 5 Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes Motion by Simons, seconded by Nolan to keep the public hearing open, to be continued at the February Planning Commission meeting. Motion carries unanimously (Absent: Litts). 8. Ordinance Amendment — Sections 825.07, 826.21 and 826.98 — Removing Animal - Assisted Therapy as a Conditional Use in the Rural Residential (RR) zoning district. Public Hearing Benetti delivered the staff report. He stated that following approval of an Interim Use Permit for the MnLINC application at 2000 Chestnut Road, the Council directed staff to prepare an ordinance removing Animal -Assisted Therapy as an allowed use within the RR district. He noted this ordinance amendment will not impact the MnLINC operations, because they are operating under a valid IUP for two years. He stated the staff report described four options, the first of which is to remove the use as suggested by the Council. V. Reid inquired if removing this language would disallow the group who received the Interim Use Permit from bringing in an application. Benetti stated that it would not allow them or future applicants to apply for a Conditional Use Permit. Public Hearing opened at 10:20 p.m. Abdhish Bhaysar (2105 Chestnut) stated that they agree with repealing the ordinance, and that was their assumption when they signed an agreement to allow MnLINC to operate at 2000 Chestnut Road for no more than two years. Motion by Simons, seconded by Pederson to recommend Option 1 from the staff report; adoption of the ordinance as presented. Motion carries unanimously (Absent: Litts). Public Hearing closed at 10:21 p.m. 9. Review and Approval of the Revised Planning Commission Training and Orientation Manual and related Operational Procedures document Benetti stated that staff had updated the Commission's Orientation Manual, as well as the Operational Procedures. The changes are identified in the document, which was in the packet. Weir suggested a number of changes. She stated that she had written them down and she would make them available for staff Reid suggested a map of the City be added as well. 6 Medina Planning Commission DRAFT January 8, 2008 Meeting Minutes 10. City Council Meeting Representation Schedule Finke stated that the City Council wishes to have a Commissioner present at each meeting in order to update them on Commission activities and recommendations. He asked Commissioners to look at their calendars and leave him a list of availability. He stated that he would lay out the schedule and email it to members. 11. Adjourn Motion by Nolan, seconded by Reid to adjourn at 10:29 p.m. Motion carries unanimously. (Absent: Litts) 7 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: February 5, 2008 MEETING: February 12, 2008 Planning Commission SUBJ: Wetland Ordinance Amendment Background City staff has taken the recommendations made at the January Planning Commission meeting and prepared the latest iteration of the Wetland Protection ordinance (attached). The ordinance has been changed significantly in order to approach some of the recommendations. The main recommendations from the Commission in January were as follows: (1) Make the ordinance applicable primarily to new development, but with a separate set of regulations for activities such as construction of accessory buildings for existing residents. (2) Add flexibility for staff to work with applicants on achieving the goals of the ordinance even if all of the regulations would not be met. (3) Add information regarding what can be done in the buffers (paths to ponds for skating, etc.) (4) Insert an exemption for situations where the regulations make a property unbuildable. (1) Applicability — New Development and Other Activities The applicability section was changed significantly. To summarize, the ordinance requires the full buffers for "new development," and describes it as: subdivisions, site plan reviews, construction of a new principal structure, redevelopment of a principle structure (except one destroyed by disaster), and projects which alters wetlands or floodplains. Other land use applications (CUPs, Variances, etc.) were excluded from the "new development" definition. Under the current draft, these applications would trigger a 15-foot buffer (and 10-foot structure setback) around only the portion of the wetland downgradient from the proposed activity. The Planning Commission should discuss whether all land use applications should trigger the full buffers, or only subdivisions and site plans. The final clause in the applicability section is meant to apply the 15-foot buffer (and 10-foot structure setback) to projects such as accessory structures and large additions. It was carried over similar to earlier drafts. If all three of the following conditions are met, the 15-foot buffer would be triggered: 1) additional hardcover is proposed within 100 feet of a wetland; 2) disturbance exceeds 50 cu. yds. or 5,000 sq. ft.; and 3) the area disturbed naturally drains to a Wetland. This would likely trigger most projects within 100 feet of a wetland (although not decks). The Planning Commission should discuss this last trigger and make recommendations (is 100 feet a good distance trigger, should the amount of disturbance be adjusted, etc.). The Commission should also discuss the 15-foot buffer and 10-foot structure setback (from the buffer) requirement for these other activities. The current draft requires this buffer only in the area downgradient from the proposed activity (rather than adjacent to all wetlands on the property). 15- feet is the minimum recommended buffer in order to be effective for any of the purposes of the ordinance. The classification of the wetland would not impact the required buffer under the current draft. The Commission should discuss if this minimum buffer for all classifications of wetlands is the best course of action, if the buffer should be larger (perhaps in conjunction with changing the trigger to cover less activities), and if the buffer should only be required for the area adjacent to activity on the property (rather than adjacent to all wetlands). (2) Flexibility Some suggested additional flexibility in the ordinance if wetland protection could still be accomplished. The ordinance already allows flexibility through buffer averaging. Additionally, subd. 5(d) allows for reductions in the buffer if existing structures or hardcover are located in which a buffer may be required. Variance provisions also exist. If the Planning Commission supports additional flexibility, subd. 5(d) could be adjusted to allow for more staff discretion (rather than requiring city council approval). Additionally, language could be added to read something similar to: "the buffer requirements of this section may be reduced if the applicant implements practices that grant superior long-term wetland protection than the required buffers would achieve. A reduction in buffer requirements may only be granted in situations where the buffer requirements of this section are determined by the city to impose undue hardships on the use of the property." (3) Uses within the Buffers A new subsection was added to the draft which better describes what can be done within buffers. This arose partly because of questions regarding if a person could mow a narrow strip through the buffer in order to reach the wetland. This, as well as docks and boardwalks, are allowed in the newest draft to give "reasonable access" to the wetland. The subsection also clarifies that utility poles and other essential public services could also be placed in the buffer, and allows flood and drainage structures (with city approval) as well. Staff also clarified the public access/trails issue. Fear was expressed at a prior public hearing about the city forcing trails into the easements granted over the buffer. The newest draft makes it even more explicit that the purpose of the easement is for protection of the buffer. The city can establish trail rights through another avenue (and perhaps even place them in the buffer), such as acquisition or park dedication, as allowed by other regulations. (4) Exemption for Parcels Made Unbuildable A clause was added to the Exemptions which protects against a situation where the buffers and setbacks required in the ordinance would take up an entire parcel. As it is currently worded, an existing lot which is made completely unbuildable (would be completely covered by wetlands, buffers, or setbacks) is e4empted from the ordinance. In addition to this exemption, the flexibility described above and variance provisions are also part of the ordinance. The Planning Commission should discuss if they believe a total exemption is the best tool, or if it would be better to reduce the required buffers. Additionally, the Commission should discuss if they support a lower threshold for an exemption, and what that threshold should be. 2 Other Comments from January PC Meeting Throughout the discussion of the wetland ordinance, there have been quite a few comments, and some concern, raised about the large proportion of Preserve wetlands in the City which would require the largest buffer. The City's wetland Engineer, John Smyth suggested a possible way to approach this concern. The Department of Natural Resources (DNR) has identified and mapped a number of High Quality Natural Areas and Sites of Biodiversity Significance (see the attached map for locations). The Commission could recommend that Preserve Wetlands which are adjacent to these areas receive the largest buffer, Preserve wetlands the next level, and then Manage 1, 2, and 3. This, in effect, would create a fifth classification of Wetlands, and the buffers could be as follows: Wetland Classification Upland Buffer Zone Average Width Minimum Upland Buffer Zone Width Minimum Structure Setback from the Outer Edge of the Upland Buffer Zone Preserve and adjacent to DNR mapped Area 50 feet 30 feet 20 feet All Other Preserve 40 feet 30 feet 20 feet Manage 1 35 feet 25 feet 20 feet Manage 2 25 feet 25 feet 20 feet Manage 3 20 feet 15 feet 20 feet Example Impact on Developable Property At the November Planning Commission meeting, it was suggested that an estimate be made on the impact of the buffer requirements on the amount of property which could be developed in relation to some of the Comprehensive Plan forecasts. Staff used information from WSB to get rough estimates of what the impact on developable property may be across the City. The RR-UR and BP districts were used in order to get these estimates because these areas are where the current Comp Plan draft proposes a large portion of the future development. These figures are rough, and may be actually overestimates because the wetlands were not delineated by WSB. District Acres Acres of Wetlands Acres of Buffer Percentage RR-UR 1466 375 113 7.7% BP 875 277 83 9.5% It is important to remember that currently the watershed districts have regulatory authority as well. In the case of a substantial development, the relevant watershed would weigh in. It is likely that they would require buffers (20'-50' buffers have been required by the Elm Creek watershed on recent plats or sites plans). In these cases, the additional impact of the buffers within the draft ordinance would be comparatively reduced. 3 Staff Recommendations Staff recommends approval of the ordinance. The "triggers" and the buffer/setback requirements are the major regulatory tools of the ordinance, so staff advises the Commission to give explicit recommendations to the Council on those matters, if possible. The staff report also suggests a number of other possible discussion points. Attachment 1. Ordinance 2. Map DNR Mapped High Quality Natural Areas and Sites of Biodiversity Significance 4 CITY OF MEDINA ORDINANCE NO. An Ordinance Pertaining to Wetland Protection and Regulation Amending Sections 826.25.5, 828.43, 831.05, 831.07, 832.05, 832.07, 833.05, 833.07 and 835.05 The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 826.25.5, subdivision 2 is amended by deleting the stricken material as follows: Section 826.25.5. (UR) Lot Area, Height, Lot Width and Setback Requirements. Within the Urban Reserve district, the following development standards shall apply: Subd. 2. The following minimum lot sizes, width, depth and setback requirements shall be observed, subject to additional requirements, exceptions, and modifications set forth in other sections of this ordinance. For purposes of calculating the amount of contiguous suitable soils available on a lot, only acceptable soils from the Medina Soils List in section 820.29 subd. 5 shall be considered suitable. The amount of contiguous suitable soils shall not include the areas outlined in section 820.29 subd. 4(a). (a) Lot Size - 40 acres with at least five acres of contiguous soils suitable for a standard individual sewage disposal system as regulated by section 720 Individual Sewage Treatment Systems et seq. of the code of ordinances. The lot must contain a primary and secondary site for an on -site sewage disposal system and both sites must be protected during construction. (b) Lot Width —110 feet. (c) Lot Depth — 200 feet. (d) Front Yard Setbacks — 50 feet. (e) Side Yard Setbacks — 20 feet. (f) Rear Yard Setbacks — 40 feet. (g) Setbacks from Commercial Zoning Districts — 75 feet. (h) a dl f..*•l a, 1 SECTION II. Medina Code Section 828.43 is amended by deleting the st-fi-ek-eb material and adding the underlined material as follows: Section 828.43. Wetlands Conservation. Subd. 1. Purpose. The purpose of th:s subsection is to recognize, preserve, ^n-1 protect the environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions include, but arc not limited to, sediment control, polluti t. ', ftlt t- ti, ,,,,,,i f = -ee' afge and providing habitat for fish and wildlife. The regulations and standards of this district shall be applied as an overlay zone, further regulating the use of land as allowed by other use distficts under this ordinance. Subd. 2. Definitions. The following terms shall have the meanings given to them: (b) "Applicant" means a person who applies for a permit to undertake any activity regulated by this subsection. (c) "Rules" m uns Minnesota Rules, Chapter 8120, as amended. All other terms used in this subsection ' ' '' f '' +'' " +'' D"'"" meanings given there. wetlands within the city. Except as provided in tke exemption and no loss -1-t,=rmin-*i^n provisions Subd. 1. Local Government Unit. The city shall be the local government unit for the purposes of the Act and the Rules. Subd. 5. Technical Evaluation Panel. (a) A wetlands technical evaluation panel is hereby established. The panel shall be composed of the city engineer, a person appointed by the Board of Water and Soil Resources, and a person appointed by the Hennepin County Conservation District. (b) The technical evaluation panel shall exercise the authority granted to it under the Act, the Rules, and this subsection, including, without limitation: (i) making technical determinations concerning questions of public values, location, (ii) assisting in making wetland size and type determinations as part of exemption and no loss determinations; 2 OH) answering technical questions and participating in monitoring of replacement wetlands; and (iv) participating in the monitoring of banked wetlands. ""y u. u c��cHi�3irorraor"3i the provisions of this sql3seetion for the purposes of draining or filling a wetland. An exemption certificate shall be granted pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence that the wetland to be drained or filled meets the exemption criteria contained in the Rules; (b) a finding by the technical evaluation panel that the wetland meets the exemption criteria contained in the Rules, if such a finding is deemed necessary by the city council; and (c) receipt by the applicant from the city of a certificate granting an exemption from the provisions of this subsection. The city shall mail a copy of its decision to the landowner and other persons to whom such notice is required within the time periods set forth in the Act and the Rules. Subd. 7. No loss. A landowner uncertain whether proposed work will result in a loss of wetlands may :.:ply f:r . ne less d *-rmination. No le , determinations shall be made by the city council pursuant to the following conditions: (a) receipt from the applicant by the city council of satisfactory evidence of one of the (i) the work will not drain or fill a wetland; (ii) water level management activities will not result in the conversion of a wetland to another land use; (iii) the activities arc in a surface impoundment for containment of fossil fuel combustion waste or water retention, and are not part of a compensatory wetland mitigation program; or (iv) the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previeusly excavated drainage system to restore a wetland to its original condition; and (b) a finding by the technical evaluation panel that the criteria set forth in this subdivision have been satisfied, if such a finding is deemed necessary by the city council. Subd. 8. Replacement Plan Decisions. 3 • (a) A landowner intending to drain or fill a wetland who does not qualify for or fails to plan from the city council. Replacement plans intended to mitigate activities within the city must involve the ,replacement or rehabilitation of properti pursuant to the location requirements set forth in the Rules. (b) Replacement plan decisions under this subsection shall be made pursuant to the following procedures: (i) The applicant must submit the proposed plans to the city. (ii) If the applicant proposes to undertake an activity affecting less than 10,000 square feet of wetland, the City shall, within ten -19ys of r=sriving the application, mail a summa.-y of the application, including tip irtzatity of the applicant, the location and scope of the project, and a statement as to the received, to the technical evaluation panel, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iii) If the applicant proposes to undertake an activity affecting 10,000 square feet or mail a copy of the application, an invitation to comment, and a statement as to the duration of the time period on which comments on the application will be received, to the technical evaluation panel, the watershed district or water management organization in which the wetland is located, the state commissioner of natural resources, and individual members of the public who have requested a copy. (iv) The city council shall base decisions concerning replacement plans on the standards set forth in the Rules and on any technical determinations of the technical evaluation panel concerning the public values, location, size, and landowner and other per:mons to whom such notice is required within the time periods set forth in the Act and the Rules. (c) The city may at any time inspect any activity or project undertaken under this subdivision to ensure compliance with the Act, the Rules, and this subsection. In the event that the activity or project is not in compliance with the Act, the Rules, or this, subsection, the city may take any enforcement action availal3le under the state law, the Rules, or the Medina city code. Subd. 9. Wetland Banking. Upen application by a landowner, the ^ity council shall determine whether a wetland shall be certified as eligible for deposit in the state wetland bank. The city council ;,hall certify a wetland as eligibl= fer a pesi in th s*-} w=*.1^.n4 hark pursuant to the following conditions: 4 (a) receipt from the applicant by the city council of satisfactory evidence that the wetland meets the criteria for banking contained in the Act and the Rules; and !1.\ f- Eli b tl, 1, 1 P.y ahaatief p aiie that tje-wotl 1 r t + b 1 ' iig contained in the Act and the Rules, if such a finding is deemed necessary by the city council. Subd. 10. Fees. Any application under this ordinance must be accompanied by the fee established from time to time by the city council by resolution. No application shall be considered complete until the appropriate fee has been received by the city. Subd. 11. Incorporation by Reference. The Act and the, Rules arc hereby inc;orporatod by Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce floodin and erosion, provide food and habitat for wildlife, provide open space an are an inte rg al__part of the cites environment. Wetland are also important �hvsical, educational„ ecological. aesthetic. recreational and economic assets to the city They are critical to the citv's stormwater management and other aspects of the public health, safety and general welfare. Regulating wetlands and the land uses around them is therefore in the public interest. Subd. 2. Definitions. For the purposes of this section, the following terms shall have the meanings given to them: (a) "Amalie." lie. " means the individual or entity submitting a land use a lication to the city. (b) "MnRAM" means the Minnesota Routine Assessment Methodology for Evaluating Wetland Functions as referenced in Minnesota Rules 8420.0549 and maintained by the Minnesota Board of Soil and Water Resources. MnRAM is a field tool used to assess Wetland functions on a qualitative basis. Wetland functions assessed by MnRAM include floral diversi and integrity; wildlife habitat, water quality protection; flood and stormwater attenuation- recreation; aesthetics: education; science; fishery habitat; shoreline nrotection•_groundwater interaction; and commercial uses. (c) "Native Vegetation" means plant species indigenous to or naturalized to the Hennepin County Region of the State of Minnesota or plant species classified by the Minnesota Department of Natural Resources as native in the Minnesota Native Plant Database. Native Vegetation does not include Weeds a defined by this section. 5 (d) "Non-native Vegetation" means species not indigenous to or naturalized to the Hennepin Co Re • ion of the State of Minnesota by the De s artment of Natural Resources or plant species. (e) "Setback" means the minimum horizontal distance between a structure and the nearest edge of the Upland Buffer Zone. f "Upland Buffer Zone" means an area or areas of vegetated • ound cover around the erimeter of a Wetland that either in its natural condition or throu h intervention, is critical to the protection of that Wetland. An Upland Buffer Zone protects the e • ge of a Wetland from erosion and filter sediment, chemicals and other nutrients from the runoff that drains into the Wetland. An Upland Buffer Zone also provides wildlife habitat and assists in maintainin • diversi of both plant and animal species within the city. It also reduces human disturbances to the Wetland by providing a visual and physical transition area from a yard. to a Wetland. (g) "WCA" means the Minnesota Wetland Conservation Act of 1991, Minnesota Statutes Sections 103G.222 - .2373. The city of Medina shall be designated as the Local Government Unit for the purposes of the WCA. (h) "Weeds" mean (il "noxious weeds" as defined and designated pursuant to the "Minnesota Noxious Weed Law." Minnesota Statutes Sections 18.76 through 18.88, as amended from time to time or (ii) any volunteer plants including but not limited to, spotted knapweed (Centaurea Maculosal or burdock Arctium Minus). For the purposes of this section, Weeds shall not include dandelions or clover. The city weed inspector and/or assistant city weed ins ector shall maintain a current list of plants that are defined as "Weeds" for ou poses of this section. (i) "Wetland" means a land that is transitional between terrestrial and aquatic s -ms where the water table is usually at or near the surface or the land is covered by shallow water. For p poses of this section in order for a land to be considered a "Wetland," it must have all of the following characteristics: (i a predominance of hydric soils; (ii) be inundated or saturated by surface or ground water at a frequenc and duration sufficient to su B port a o revalence of hvdrophvtic vegetation typically adapted for life in saturated soil conditions. and (iii under normal circumstances, support a prevalence of hydrophytic ve • etation. (j) "WMCM" means a Wetland Management Classification Map which is to be maintained by the ci . The WMCM shall classify each Wetland in the ci as one or more of the following types: "Preserve," "Manage L" "Manage 2 " and "Manage 3." The classification shall be based on an assessment using MnRAM. The WMCM is hereby adopted by reference and a copy of which shall be kept on file in the office of the zoning administrator. It shall be available for public review during all normal city office hours. Subd. 3. General Provisions. (a) In order to protect Wetlands, this section incorporates by reference the WCA and anv future amendments to the WCA that are adopte by the Legislature. In the event that any requirements of this section are inconsistent with the W stricter provision that provides the most protection for Wetlands shall apply_ (b) Applicability. This section shall apply to all grope containing Wetlands in the following circumstances: (i) When anv new development activity occurs on the pro erty. For purposes of this section, "new develo sment activi " means: (Al Any subdivision or minor subdivision which results in a net increase in the number of lots; (B) Any site plan review application; C Construction nstruction of . rinci al structure on an existi vacant lot: (D) Redevelopment of a property which: 1� results in the removal of more than fifty percent of the market value of a principal structure; 2� the structure's removal is followed by reconstruction (except as exempted by subdivision 3 (c) of this section; and 3� results in a net increase in the square footage of impervious surfaces that drain to a Wetland, or results in the relocation of impervious surfaces closer to a Wetland, or results in changes to drama e patterns (slopes, meander an tterns. etc.) that the city engineer determines will increase the veloci or rate of runoff to a Wetland; (E) Any project that involves the draining filling,_ vation, or alteration of a Wetland; (F) An` proiect that alters or fills land below the proiecteI 100- ear hieh water elevation of a body of water; and (ii) An other land use a D lication submitted to the city which is not specified ecified above, including, but not limited to, conditional use Hermits, variances and rezonings. 7 iii When there is a construction or land alteration activity on a property that does not fall within the above categories, but the city has determined that the activity may adversel_ im act a Wetland because it meets all of the following conditions: �A- The portion of the property to be disturbed by the construction or land alteration activity naturally drains to a Wetland; (B) The amount of rading on the proerty exceeds fifty cubic yards or the construction activity involves the disturbance of an area of more than five thousand square feet; and (C) The proposed structure or proposed impervious surface is within one hundred feet of the Wetland. (c) Exemptions. The Upland Buffer Zone and Setback requirements of this section shall not apply to the following: (i) An land use a plication that has received final or reliminary plat an royal b the ci council prior to the effective date of this section; ii Reconstruction of a legal non -conforming structure that was destroyed by fire or other peril that is permitted to be reconstructed by ci code and state statute; or (iii) Any parcel existing prior to the effective date of this section on which the implementation of the Upland Buffer Zone and Setbacks as re uired b this section alon . with other res rictions in the zonin . ordinance would encompass the entire parcel. Subd.4. Application Materials. An Applicant shall submit the following information to the city alon . with all other materials re c uired by city code with respect to any land use application or permit application: (a) A grading plan if grading is proposed including the area and volume of land disturbance; (b) The square footage of the proposed structure and an impervious surface. LO A Wetland delineation report. It is the responsibility of the An licant to determine whether Wetlands exist on the property by completing a Wetland delineation and submitting a Wetland delineation reportThe following shall ay 81 to the Wetland delineation report: (i) The report shall delineate and document the boundaries of any Wetlands on au:wove in accordance with the WCA requirements. 8 (ii) The ci may reauire that the Wetland delineation be erformed b a certified Wetland delineator. The Wetland delineation must be performed according to the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and eq nt amendments. and be acceotable to the city enLin - T e city h. e com.1-t retion in de rmininl, whether the Wetland delineation report is acceptable. en ineer (iii) The report shall state the WMCM classifications for all Wetlands located on the property. If a Wetland on the property is not shown or classified on the WMCM. the Applicant shall submit a completed electronic copy of the MnRAM (version 3 0) form for the Wetland to the city, The MnRAM form shall be completed by a certified Wetland delineator. (iv) Wetland delineations and any required MnRAM classifications shall be completed by the Applicant between April 20th and October 20th of the given year and must be submitted to the city for review no later than November 1st. A Wetland delineation completed outside these dates or submitted later than November 0 may be considered to be incomplete. (v) Wetland classification appeal. In the event that the Applicant is not in Agreement with a Wetland's WMCM classification, th v may a. eal the classification to the city The Applicant shall put the a eal in writin and include supporting documentation The appeal will be reviewed by city staff and decided by a technical evaluation anel members of which will be determined by the city council The technical evaluation panel shall make a determination on the appeal within forty-five days of recut of a complete appeal application The Applicant may appeal the technical evaluation panel's decision to the city council. The appeal must be filed within thirty da s of the technical evaluation panel's decision. (vi) The city shall place any approved Wetland classifications on the WMCM. (d) A certificate of survey or site plan describing the proposed activity and showing the Upland Buffer Zones to the Wetlands on the property; (e) An Upland Buffer Zone lmiscaping_plan if required: (f) An submittals required by the WCA; (g) Legal descriptions of the Wetlands and Upland Buffer Zones to be used on the conservation easement Wetland and Aland Buffer Zones shall be protected by a conservation easement to be granted to the city• and (h) Deposit funds in an amount to be determined b the city tc be used for any expenses incurred by the ci in comnletin its review of the Wetland delineation 9 report Wetland ordinance compliance a WMCM classification anneal. andif appropriate developing a Wetland boundary estimate and determining if the Upland Buffer Zones proposed b the Applicant meet the re I uirements of this section. Subd. 5. Upland Buffer Zone and Required Structure Setbacks. (a) If a new development activity as defined in subdivision 3(bl(il of this sectionis proposed, the following Upland Buffer Zone and structure Setbacks shall be required for each Wetland within or adiacent to the subiect prone : Wetland Upland Buffer Minimum Upland Minimum Structure Setback Zone Average Buffer Zone from the Outer Edge of the Classification Width Width Upland Buffer Zone Preserve 50 feet 30 feet 20 feet Manage 1 35 feet 25 feet 20 feet Manage 2 25 feet 25 feet 20 feet Manage 3 20 feet 15 feet 20 feet If approved by city staff, the width of the Upland Buffer Zone may vary alon the Wetland's boundaries, so long as the following conditions are met: (i) The Upland Buffer Zone's width does not fall below the Minimum Upland Buffer Zone Width at any location; (ii) The total area of the Upland Buffer Zone meets or exceeds the total area which would be required if the Upland Buffer Zone Avera. e Width was utilized; and (iii) Areas that are within an Upland Buffer Zone with a preconstruction slope exceeding twelve percent must meet or exceed the Upland Buffer Zone Average Width requirement. (b) If an activity as defined by subdivision 3(bl(n or subdivision 3(bl(iiil of this section is proposed, an Upland Buffer Zone with an avera.e width of fifteen feet shall be required. The Upland Buffer Zone must be adiacent to the lortion of the Wetland downgradient from the proposed activity. The minimum structure Setback shall be ten feet. (c) All Upland Buffer Zones shall be measured from the ed. e of the delineated Wetland as approved bthe city into the adiacent upland area. 10 (d) Where existing structures or impervious surfaces are located within an area that would be required to be included in an Upland Buffer Zone, alternative methods to protect the Wetland may be approved by the city council in order to avoid creating unreasonable impacts on the existing use of the property. Such methods may include, but are not limited to, Upland Buffer Zone width averaging below the mum required re ire tion ofof drainage to a different area where an Upland Buffer Zone is feasible while still maintainin . the drainage to the Wetland, or the use of rainwater gardens, vegetated swales or other best management practices for treating runoff. (e) For roadways, trails, and driveways, or portions thereof that are routed across a Wetland pursuant to an approved WCA Permit Application, Upland Buffer Zones will be required on the fill slope but fill shall not be expanded to accommodate the Upland Buffer Zone requirement Mitigation of the Upland Buffer Zone will be reauired as described in subdivision 10 of this section. Subd. 6. Alterations within Wetlands and Upland Buffer Zones. (a) The area within Wetland and Aland Buffer Zones hall be preserved predominately in their natural states. extent to the extent set forth below Wetlands and Ian Buffer Zone mu t be Protected by a conservation easement granted to the city by the Applicant in a form provided by the city. The conservation easement will preserve the natural state of the Wetland and Upland Buffer Zones by restricting the activities that are allowed within the easement areas. The easement will give the city the authority to enforce the conservation easement restrictions. Additional public uses within the conservation easeent, such as am trail, will not be reauired by the ci for these purposes but may be required pursuant to other ar�plicable city requirements. (b) An alterations within the Wetland and Upland Buffer Zone exc . t tho stated below shall be prohibited including but not limited to, the installation or placement of structures and impervious urfaces, the destruction or removal of trees, shrubs or other vegetation the introduction of any Non-native Vegetation, an mowing, dredging or excavation activities and the placement or storage of any fill material or trash and the application of fertilizer. The following activities are permitted: (i) (ii) The removal of Non-native Vegetation; (iii) The removal of dead or diseased trees that pose a hazard; (iv) The installation of utility poles, underground utili lines lighg t poles, traffic regulatory signs and signals, mailboxes, and other equipment that is determined by the city to provide an essential public service; Activities described within an land Buffer Zone land ca ins or plan that was a . roved by the city 11 (v) The installation of public and private flood control structures, pondin. and drainage facilities and associated accessory appurtenances as approved b the city; LAI The installation of environmental monitoring or control facilities, including those related to water qualityand wildlife regulation; (vii) The mowing of or installation of permeable . athwa s not to exceed four feet in width to allow reasonable access to the Wetland; E The installation of boardwalks, docks or other structures to allow reasonable access to the Wetland. These structures shall not exceed four feet in width or have poles greater than two feet in diameter; (ix) The installation of public trails, if required. The tem • orary and . ermanent trail disturbance shall not exceed nine feet in width and must be located outside of the minimum width of the required Upland Buffer Zone. Subd. 7. Upland Buffer Zone Markers. All Upland Buffer Zones shall identified with markers. The Applicant shall be responsible for the costs of obtainin . and installin . the markers At a minimum one marker shall be placed per lot at the upslope edge of the Upland Buffer Zone and then placed every 250 feet thereafter and on all common lot lines. kAl Proposed locations of the markers shall be shown on tradine or site elan for the property. The location of the markers shall ca • ture the portion of the U p land Buffer Zone that extends the furthest upslope into the lot. A plan that shows the location of the marker shall be provided to the city for its review and a.. royal. (b) Artwork and verbiage on the sign shall face away from the Wetland.. W. Sian dimensions specifications verbiage. and artwork shall be specified by the city and provided to the Applicant. Subd. 8. Ve etati.n Performance Standards. Upland Buffer Zones shall meet the following vegetation performance standards: (a) Where acceptable natural vegetation exists in an Upland Buffer Zone disturbance is allowed only with a royal from the city An Upland Buffer Zone will be considered to have acceptable natural vegetation if it: of less than twenty-fivercent Weeds• (ii) is covered by Native Vegetation with less than five percent exposed soil. and 12 (iii) does not contain maintained turf grass. (b) Where an Upland Buffer Zone or a portion thereof is not considered acceptable or is to be disturbed, a Upland Buffer Zone landscaping elan must be submitted to the ci engineer for approval At a minimum, the landscaping plan shall include the following information: (i) A plan sheet that shows the location of the Upland Buffer Zones The Plan sheet must also show Upland Buffer Zones that are considered to be acce table in their current state and identify them as areas that will not be disturbed during gra ing The city may require silt fencing around these are in order to protect them from ero ion and di turbance during ra ing and construction; (ii) The species planting and seeding locations for Upland Buffer Zones that were determined to be unacceptable by the city. This shall involve the seeding or la pnting of a mmum of at lea t four�ecies of native era_ sses and five species of native forbs and a cover crop. The seed mix shall consist of at least fifteen pounds of pure live seed (PLS) per acre and the cover crop shall be at least tweny pounds per acre. If lantin is proposed, spacing between plants shall not exceed three feet unless otherwise approved by the city engineer; and (iii) Detailed specifications that describe sequencing, scheduling, materials, installation and maintenance execution for the seeding, planting, or Weed removal within the Upland Buffer Zones. (c) In cases where an Upland Buffer Zone landscaping plan is required the city may require an approved form of a financial uarantee equal to 150 percent of the estimated cost of the vegetation installation The financial guarantee shall be valid for two years and may be used by the ci for compliance inspections and establishment of the required vegetation if not completed by Applicant or if deemed unsuccessful by the city Vegetation will be deemed b the ci to be successful if the area has a minimum of one plant per square foot from the specified seed mix or plantingplan and less than twen -five percent of the area is inhabited by Weeds. Subd. 9. Maintenance. The property owner or homeowners' association shall be res.onsi.le for maintaining the Upland Buffer Zones on the prose . Mainten. lc- shall include the following: (a) Maintain and repair any damage to the Wetland Buffer Zone cau ed by activities such as mowing cutting or grading, unless the activities are an roved b the city 13 b Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native Vegetation and that th-re is less then five •ercent of open soil surface which ma result in erosion. Subd. 10. Wetland and Upland Buffer Zone Mitigation. (a) In cases where Wetland or Upland Buffer Zone alteration is a • proved by the ci and mitigation is req ired the mitigation must result in e • ual or im • roved Wetland function and value. All Wetland mitigation plans must address water Quality im • rovement, maintenance of preexisting hydrological balance and wildlife habitat. Wetland mitigation must be performed at the ratios re • uired b the WCA in order to achieve the replacement of the Wetland function and value. (b) The following shall be reauired by the city for any Wetland or Upland Buffer Zone mitigation: • Li) Wetland mitigation shall conform to the requirements of the WCA. Upland Buffer Zones shall be re • uired to be replaced on the fill slo • e and elsewhere alon . the ed . e of the existing Wetland to meet the re • uired area required by this section for an Upland Buffer Zone. If a Wetland is to be completely filled pursuant to an a•proved Wetland permit, the Upland Buffer Zone area requirement associated with the classification of that Wetland will be also required for the replacement Wetland unless the replacement is occurring adjacent to a Wetland with a classification that requires a wider Upland Buffer Zone. In that event, the Upland Buffer Zone requirement for the wider Upland Buffer Zone shall a • pl . (ii) Wetland and Upland Buffer Zone plantings that are com • leted for mitigation shall meet the standards for vegetation specified in this section. (iii) U • land Buffer Zones ma be utilized for Wetland miti s ation credits if they meet the requirements of the WCA. Subd. 11. Variance. A variance from the requirements of this section may be granted by the city council in accordance with the variance provisions of the city code, so long as the variance does not violate the WCA or any other applicable state statutes or rules Subd.12. Enforcement. (a) Investigation. When a violation of this section is either discovered by or brou . ht to the attention of the city the city shall immediately investigate the situation and document the nature and extent of the violation. (b) Notice of the Violation If a violation is found to exist. the city shall notify the offending party of the reauireme of this section all other annlicable official controls and the nature and extent of the suspected violation of these controls. If 14 the structure or use is under construction or development, the city may order the construction or development to be immediately stopped until the pro • e is brought into compliance with this section If the construction or development has alread been completed, then the ci ma issue an order identi in the corrective actions that must be made within a specified time period to bring the use or structure into compliance with this section. (c) Appeal The offending, pa may appeal the city's correction order to the city council. An anpeal must be brou ht in writine no later than ten days from the date of the notice. (d) Failure to Correct. If the offending parry does not correct the work within the specified date on the notice and no appeal has been taken within ten days of the notice, the city may enter the property and perform the corrective work. Any amount incurred by the ci in : erformin the corrective w iork ma . be certified by the city to the county for collection with the property taxes. (e) Penalties Any person who violate any provision of this section hall be guilty_of a misdemeanor and shall be subject to a maximum fine or maximum period of imprisonment, or both, as specified by Minnesota Statutes Section 609.03. Each additional day that the property remains in violation of this section shall constitute an additional violation of this section and may be prosecuted accordingly. (0 Nothing contained herein shall prevent the ci from taking such other lawful action as is necessa to prevent or remedy an violation of this section including, but not limited to, seeking a civil iniunction or restraining order. SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the a fiekeft material as follows: Section 831.05. Lot, Setbacks and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1.) Subd. 9. Wei Setback: Shell -be a mink:awn of to f a tb k--shall h , l yAnAt'ltie but sli ll net tom ., a €V f ftil a 1 a SECTION IV. Medina Code Section 831.07, subdivision 1 is amended by deleting the stricken material as follows: Section 831.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and 15 development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan - A building plan shall be prepared and include at least the following : a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (f) Natural Features and Drainage — Retaining existing land forms on the site is encouraged especially when it involves natural amenities such as mature trees and natural drainage. Protection of Elm Creek is required by the shoreland ordinance. Natural vegetation enhancement along the creek is encouraged. Plans which restore natural vegetation along the creek may be given up to a 25 percent reduction in one or two of the yard setbacks. (.0 Wetland Setback (See section titled Lot, Setback and Building Size 16 SECTION V. Medina Code Section 832.05, subdivision 9 is amended by deleting the f,tricken material as follows: Section 832.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (When setback provisions overlap, the most restrictive provisions of both setbacks shall apply. See Figure 1). Subd. 9. Wetland Setback: Shall be a of 25 feet fer a wetland less than 1 acre and 50 bo € .slier. f ftil a l,...al SECTION VI. Medina Code Section 832.07, subdivision 1 is amended by deleting the Gtrickcn material as follows: Section 832.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards — all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis — A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan — A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size, and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan — The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building 17 size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities — All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage — A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved — In general, existing landforms and grades on the site are expected to be preserved. Some change may be appropriate to accommodate the principal building, construct required berms, and achieve reasonable grades for access drives. No grading or tree removal shall take place prior to approval of a specific site plan for the site. (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. (40 Wetland Setback (Sec section titled, L t, Setback and Building Size SECTION VII. Medina Code Section 833.05, subdivisions 9 and 12 are by deleting the stricken material and adding the underlined material as follows: Section 833.05. Lot, Setback and Building Size Requirements. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance (when setback provisions overlap, the most restrictive provisions of both setbacks shall apply.) See Figure 1. and 50 feet for wetlands greater than 1 acre, and such setback shall be natural vegetation, but shallzrot-ba „,lie, _ rti izea l awn. Subd. 12. Limitations on Setbacks: No required front yard, side yard, Q rear yard and wetland setback or other required setbacks shall be used for building, storage, or other functions except for recreation and open spaces uses. When setback provisions overlap, the most restrictive provision of both setbacks apply. (See also Impervious Coverage in the Design and Development Standard — all uses) SECTION VIII. Medina Code Section 833.07, subdivision 1 is amended by deleting the stricken material as follows: 18 " Section 833.07. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Design and development standards  all uses: The following design and development standards are identified for all uses. Additional standards may be identified during the review and approval process, due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Site Analysis  A complete analysis of the site shall be made and a site analysis map shall be prepared as defined by this ordinance. The analysis map shall then be used to determine how the site shall be used and to identify the appropriate arrangement of the various components to the development. A site plan shall then be prepared as defined by this ordinance. (b) Landscape Plan  A landscape plan shall be prepared. The landscape plan must include existing trees and landscaping to be retained. The plan must show new landscaping including ground cover, shrubs, and trees by type, size and spacing. The plan must also include: planting methods, walls and fences, if any, (which must be decorative), plazas, fountains, sculptures, all outdoor lights, and other relevant features. (c) Building Plan  The building plan shall be prepared and include at least the following: a generalized floor plan for each floor, uses, elevation plans for each side of the building showing proposed color and type of materials, fenestration, any rooftop equipment and proposed screening materials, size and square footage, number of parking stalls in the building or in the ramp or deck, if any, building size, building height, exterior lighting, signage if any, and any other relevant features. (d) Utilities  All utilities shall be placed underground. Transformers and similar equipment, if any, should be located inside a building or shall be fully screened from view. (e) Signage  A coordinated signage system for the building and access may have to be provided. (0 Grade Preserved  On developed sites existing grades are expected to be retained, except for expansion of existing buildings which need to meet the existing building grade and for construction of berms or similar features. In developing new sites, significant landforms and grades need to be included in the plan with some change allowed to accommodate the principle building, required berms, and achieve reasonable grades for parking, access and drives. 19 (g) Natural Drainage — To the extent possible, development plans shall provide an open, natural drainage system, except for such portions where it can be shown that a natural system is not feasible. The volume and speed of runoff shall be minimized. Flow shall be dispersed and directed in a manner that supports and enhances natural drainage and enhances water quality. Ponds will only be allowed when no other feasible alternative exists. SECTION IX. Medina Code Section 835.05 is amended by deleting the Gtrickon material and adding the underlined material as follows: Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 9. Minimum Wetland Setback: 25 feet for a wetland loss than 1 acre and 50 feet for a a EV f ft-il ze lawF Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or and wetlaftEl setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions overlap, the most restrictive provision of both setbacks applies. SECTION X. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this _day of , 2008. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this _ day of , 2008. 20 z 49 03 05t 50 t5 ___0/ 5 ' 6 51 56 52 01 17 14 Medila M1 Medin 1 Oduac: • y edina M64 18— 5 Q c 44 40 E�41 z 9 -33 3� �•�J"' ounty CSAH24 110 'S error _M.—A_ 'Wetland Management Class and DNR High Quality Sites ' City Boundary Sections Roads Scientific and Natural Areas DNR Mapped High Quality Natural Areas DNR Mapped Sites of Biodiversity Significance Wetland Management Class Protect Manage 1 NMI Manage 2 Manage 3 ® ? f e 1-?\I Yl MVP Wetlands are assigned a 12-digit unique ID number in the 2007 Wetland Inventory, as follows: I27-118-23I-L16n0trt County, Township & Range Section Map Visit # Label To correlate information on this map to the wetland inventory, use the County, Township, Range , and Section numberwith the Map ID. The County, Township, & Range numbers are: 27 — 118 — 23. Section numbers and the Wetland Map ID are on the map. DNR Mapped High Quality Natural Communities and Sites of Biodiversity Significance are areas identified by the MN DNR as having diverse and high quality or rare plant communities that are of county or regional significance, and in some cases, state-wide significance. .1 0 7001,400 2,800 4,200 5,600 Feet Bonestroo December 2007 I:\190\190MARCad\av_projects\W L_inventory_2007. mxd Agenda Item: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: February 5, 2008 MEETING: February 12, 2008 Planning Commission SUBJ: Abdhish and Mary Bhaysar, CUP for 8400 sq. ft. accessory structure in RR, 2105 Chestnut Road (PID 15-118-23-24-0003) — LU Application 08-001 Overview of Request Abdhish and Mary Bhaysar have requested approval of a Conditional Use Permit (CUP) to allow construction of an accessory structure with a footprint of 8,400 sq. ft. Section 825.19 states that parcels over 3 acres in size may include up to two accessory structures for an aggregate total of 3,000 sq. ft. in size. Additional accessory buildings and square footage is permitted on parcels over 5 acres in size via a CUP. The purpose of a CUP is to allow the City Council to impose conditions on the use which it considers necessary to protect the public health, safety and welfare. Site Description The subject property (2105 Chestnut Road) is approximately 19.7 acres in size, located east of Willow Drive (see attached Site Location map). The property is zoned Rural Residential (RR), guided Rural Residential in the current Comp Plan, and proposed as Permanent Rural in the draft 2010-2030 update of the Comp Plan. A number of parcels in the area have been granted CUPS for large accessory structures. Just within the past few years, a CUP was granted for a 15,000 sq. ft. indoor riding arena at 3072 Willow Drive, an 8,200 sq. ft. structure at 2705 Willow Drive, a 9,044 sq. ft. building at 1595 Medina Road, and an third accessory structure at 2455 County Road 24. Additionally, two commercial horse facilities (Skyrock Farm and Alpine Farms) are nearby and a two-year Interim Use Permit was granted for an animal -assisted therapy facility at 2000 Chestnut Road. In addition to the applicants' home, a small shed also exists on the subject property. This shed would be replaced by the proposed structure. The home is located closer to Chestnut Road, and the property slopes downward as one heads south of the home. A large wetland is located on the bottom of this slope. The proposed structure sits on the bottom of this slope, approximately 32 feet from the wetland, with the driveway as close as 22 feet to the wetland. The structure would sit approximately 20 feet lower in elevation than the front yard of the home. The proposed location of the structure is fairly isolated. Under leaf -free conditions, it is difficult to see any existing structures on neighboring parcels. The topography of the site and the tree cover in the area naturally screen the location. Building Details The proposed structure has a footprint of 8,400 sq. ft. on two levels. The location is located in the side of the slope, similar to a "walk -out" home. One level is exposed on the north side, and two levels on the south side. Corrugated metal is proposed for both the siding and roof of the structure. Current ordinances do not specify required building materials for residential accessory structures and the recently approved CUPS for large accessory structures mentioned above have included both steel structures and concrete veneer structures. The proposed structure is 29.4 feet in height. Section 825.19 requires that accessory structures do not exceed the height of the principle structure on the property, and section 826.25 requires that structures exceeding 30 feet in height meet a number of conditions. In this case, the home has a flat roof and a habitable "cupola" above this roofline. Staff would likely measure the height of the home by taking the midpoint between the cupola and the flat roof (similar to if the home had a pitched roof). The height of the home, measured in this way, is 31.3 feet. The proposed structure would, therefore, abide by height regulations. The proposed structure includes six horse stalls, storage space, and play area. No restroom facilities are proposed in the structure nor are any living spaces. Ordinance Compliance Section 825.39 states that when considering a CUP, the City shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants or surrounding lands. Among other things, the City shall consider the following: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes that the use is similar to many already existing in the area and that the location of the structure mitigates impact on other property in the vicinity. 2. That the establishment of the conditional use will not impede the normal and orderly development of surrounding vacant property for uses predominant in the area. There is little vacant property surrounding the subject property, and such a use is not likely to impede rural development possible under the RR district. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. With no restroom facilities, the utility needs of the structure are limited. The applicant proposes a raingarden between the building and the wetland in order to mitigate the impact on the wetland. The applicant does not propose a formal paved or gravel driveway to the structure. The Fire Marshal has expressed concern about the lack of access to such a large structure for the fire department. As such, staff is recommending a condition that a driveway acceptable to the Fire Marshal be constructed. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. No commercial uses would be permitted within the structure, so parking is not a major concern. 5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Staff does not believe that the proposed use will increase odor, fumes, dust, noise, or vibrations. The plans show that all lighting on the structure will be downcast and fully shielded. 2 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Staff believes that the proposed structure is consistent with existing uses in the area and recently approved CUPS and to the overall rural character of Medina. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The proposed use, a horse and storage structure is consistent with the purposes of the rural residential district. 8. The use is not in conflict with the policies plan of the City. Staff does not see a conflict with the Comp Plan policies for the Permanent Rural Area. 9. The use will not cause traffic hazard or congestion. No commercial uses are proposed, and staff believes traffic will be consistent to surrounding uses. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. The only "businesses" nearby may be the AAT facility at 2000 Chestnut Road and the commercial horse facility at 2825 Willow Drive, which should not be affected by the use. 11. The developer shall submit a time schedule for completion of the project. The applicants wish to apply for a building permit before road weight restrictions begin in Apri�, in order to get footings poured. They wish to have the structure complete by the fall of 2008. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The property owners are the applicants and Hennepin County lists them as the owners. The proposed structure meets the 150' animal structure setback, the height, and the hardcover regulations of the RR district. The wetlands on the property were delineated in 2003 and have not been reviewed by the City. As such, staff recommends a condition requiring the applicant to supply a delineation acceptable to the City Engineer for review once the growing season arrives. Staff believes this is reasonable since obtaining and reviewing a wetland delineation would not be possible at this time of the year, and because it appears that the applicant could adjust the size or location of the structure slightly in order to stay at least 32 feet from the wetland. Since the City is currently considering the wetland ordinance, it is worth mentioning that the proposed structure would meet the setback requirements of the most current draft of the ordinance which is before the Commission at this time (assuming the wetland edge is as shown on the site plan). Under this draft, the City Engineer would review the grading plan to determine which areas are downgradient of the proposed work, inspect the existing vegetation, and perhaps require a plan to vegetate the 15' buffer. However, the applicant and the Commission should be aware that the CUP, and then subsequently the building permit, would be subject to the wetland protection regulations which are in place at time of their respective approval. The applicant is proposing to direct runoff into a raingarden instead of directly into the wetlands on the property. 3 City Discretion The City has relatively limited discretion to deny a Conditional Use Permit. If the application meets City ordinances, the CUP should be approved. However, the City has discretion to impose conditions on the approval that protect the best interests of the surrounding community and the city as a whole. Section 825.41 states that these conditions could include, but are not limited to: ■ Increasing the required lot size or yard dimensions. ■ Limiting the height, size or location of buildings. ■ Controlling the location and number of vehicle access points. ■ Increasing the street width. ■ Increasing the number of required off-street parking spaces. ■ Limiting the number, size, location or lighting of signs. ■ Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. ■ Designating sites for open space. Staff has recommended some possible conditions below. Recommendation Staff recommends approval of the Conditional Use Permit with the following conditions: 1) This conditional use permit allows construction of an accessory structure with a maximum footprint of 8,400 sq. ft. in the general location shown on the plans received January 25, 2008. C) The applicants shall obtain necessary permits and demolish the existing shed as described on the plans received January 25, 2008. . 3) The applicants shall warrant that the building proposed is for private use only, and that no commercial and/or fee -based horse boarding or training, storage or other activities shall occur. 4) The applicants shall submit a wetland delineation acceptable to the City Engineer, and apply for a review pursuant to Wetland Conservation Act rules. 5) The structure may be located no closer than 32 feet from the edge of the wetland as approved by the City, and the driveway may be located no closer than 20 feet. The applicant agrees to reduce the size of the structure, shift the location of the structure, or apply for an amended CUP if, upon review of the wetland delineation, the wetland boundary is found to be closer to the proposed structure location. 6) The applicants shall abide by wetland protection regulations in place at time of building permit application. 7) The applicants shall meet requirements of the MPCA with regard to manure management and shall install fencing to prevent grazing within wetlands on the property. 8) The applicants shall update plans and identify a proposed access drive to the structure which is acceptable to the Fire Marshal. 9) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the Conditional Use Permit application. Attachments 1. Location Map 2. Applicant Letter 3. Public Comment Received: Liz and Rolf Turnquist 4. Plans dated January 25, 2008 4 Spurzem NTY ROAD 24 ins Location Map Subject Property: 2105 Chestnut Road Date: 1-12-08 To: Mayor, Planning Commission Members, City Council Members, Neighbors, City of Medina From: Abdhish and Mary Bhaysar, Medina residents RE: CUP application for bam Dear Mayor, Planning Commission Members, City Council Members and Neighbors of the City of Medina, We are applying for a Conditional Use Permit to build a barn on our property in our back yard. The location of the barn would be in the existing ration of the shed in our back yard, which is not visible to our neighbors or from the street, Chestnut Road. The grade at the location of our shed is behind a hill and is about 40 feet below the elevation of Chestnut Road at the front of our driveway to our house. When we moved to Medina, we had always dreamed about building a barn and having horses some day. If we Call build this barn, we will be one step closer to fulfilling our dreams for our family to enjoy the daily life of living in a rural residential area We are planning only our personal family use of the bam. There is no commercial use planned. Many of you, our neighbors, also have large barns or riding arenas for personal use and this is what makes Medina a special place. Fach of our families has had the freedom to explore life in a rural residential area by building the type of home or barn that they have dreamt of having. The thought of building a bam has also given us new thoughts for opportunities to minimize and/or eliminate the impact of our new structure on the environment. Although it is not required, we are planning and designing an engineered rain garden to filter the run off water that would normally have drained into the space that the new barn will occupy and also to filter the run off water from the roof of the barn. In addition, now that we have learned about rain gardens, we are planning and designing an engineered rain garden to filter the run off water from our existing house and driveway. By building these rain gardens at the same time, we hope to make a positive impact on our environment and on our wetland. Those of us who moved here to Medina within the past few years have not necessarily had a chance to fulfill our dreams that we had at the start, some of which include building barns and owning horses that can live on our property. We appreciate your consideration and we hope that you will allow us the opportunity to build our barn. Thank you. Sincerely, �43 ►+i►S H IVIA'T rlsasC. Abdhish and Mary Bhaysar, cell: 612-839-0711 LIZ AND R.OLF TIARN6114IST 2000 CI-tESTNIAT R� HAMEL, MN 55340 Februartu 00, 2002 Medivo Pl,avwuivug Cow mi,ssiovu Members Meoltna cite H-al,l, 2052 CouvutRd 24 MedCv1,2, MA,..55340 Dear Mediwa Citu Pl,anntn,g Covumiss%on Members, we uo,derstavud that at the deb. 12 Pl,avl,vatn,g Covu.vu.issiovt, Meet%o,0 there will, be ah, agevuda topic concerni-ne our tn,ef-ghborAbdhish P>haysar's Cl/IP for a & accessoru structure. our propertu shares the P>haysar's entire eastervupropertu Ltne. we f%vtd this structure to be tota flu i,h,00vusistevtt to the "Ru.raL Res idetntial," zovavue of this properttu. There is nothiwg rural, or resi,devlti,n about this structure. It is a massive vuetal %wdu trial built:Uwe that is nearl,u 4 stories tal,l,!! It is vuot a barvu or Give agricultural, faciIttu but a mart, 19,000 sq ft storage facf,lau -gtuowd the sheer size of this structure we are al,so coh,c,erwed with it's pro)dmitu to a desigvuated wetl,avLd. This is especial,l,� ivuportant because of the Citu of Meo{i,na's desire to i,K,crease its protection of wettatn ois. This is vLot a structure that should be permitted to be built on this property. we are veru oovIzerh,ed that this structure wilt damage our propertu val,ue atn,d that of our weighbor's. we respectivel,tu request the Pl,atn,tn tn,g Covu.wt.issiovt. vote to devi,KA recohkokevLd agaivust this CI.tP. Liz aIAA Rol,f Turtn,qui,st for _.1030 1020 OSITE PLAN 1 r=sa.v PROPOSED GRADING CHANGE EDGE WETLAND AS DELINEATED ---- SET—BACIf GENERAL NOTE: THIS SITE PLAN IS BASED ON A PREVIOUS SITE PLAN DOCUMENT SUBMITTED AS A CONTRACT DOCUMENT FOR CONSTRUCTION OF THE PRINCIPAL STRUCTURE AT A PRIOR DATE TO THIS SUBMISSION UNDER A SEPARATE CONTRACT. THE ACCURACY OF THIS PREVIOUS DOCUMENT HAS NOT BEEN VARIFIED BY CITYDESKSTUDIO. A CERTIFIED SURVEY IS TO BE SUBMITTED SEPARATELY. ADDITIONAL IMPERVIOUS AREA ADDED PER THIS CONTRACT: 8,400 SF. NO NEW PAVING OR DRIVES PROPOSED WITH i THIS WORK. r PROJECT BHAVSAR BARN 2105 CHESTNUT RD. MEDINA, MN 65340 ARCHITECT CITYDESKSTUDIO, INC. 1101 WASHINGTON AVE. S. SUITE 202 MINNESOTA, MN 55415 612.8722398 t 612.339.4930 f www.Gtydeskstudio.com CONTACT: CHRISTIAN DEAN, AIA `!A t 12 5 2005 NOT FOR CONSTRUCTION I hereby certify that this plan. specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the Stale of Minnesota PNl mea: CHRISTIAN D. DEAN dorm. Wens g4768 ere: REVISIONS CUP APP. 1.14.08 CUP APP. REVISIONS 125.08 DATE: PROJECT NO.: 2008.03 DRAWN BY: SITE PLAN A1.0 OVERHEAD DR. RETAINING WALL O CO 120'-0' O 240• 24'-0' 24'-0 24'-0' 24'-0' 11'-s' 0 HORSE STALL 1 HORSE STALL 2 HORSE STALL 3 Cl �r 1 =1" HORSE STALL 4 HORSE STALL 5 HORSE STALL 6 ACCESS BAY STORAGE STORAGE STAIR TO MEZZANINE OVERHEAD DR. OVERHEAD DR. STORAGE — -1L II OPRELIM. GROUND FLOOR PLAN GENERAL NOTE: _THIS SITE PLAN IS BASED ON A PREVIOUS SITE PLAN DOCUMENT SUBMITTED AS A CONTRACT DOCUMENT FOR CONSTRUCTION OF THE PRINCIPAL STRUCTURE AT A PRIOR DATE TO THIS SUBMISSION UNDER A SEPARATE CONTRACT. THE ACCURACY OF THIS PREVIOUS DOCUMENT HAS NOT BEEN VARIFIED BY CITYDESKSTUDIO. A CERTIFIED SURVEY IS TO BE SUBMITTED SEPARATELY. ADDITIONAL IMPERVIOUS AREA ADDED PER THIS CONTRACT: 8,400 SF. NO NEW PAVING OR DRIVES PROPOSED WITH THIS WORK. PROJECT i i BHAVSAR BARN 2105 CHESTNUT RD. MEDINA, MN 55340 ARCHITECT CITYDESKSTUDIO, INC. 1101 WASHINGTON AVE. S. SUITE 202 MINNESOTA, MN 55415 612.8722398 t 612.339.4930 f www.cilydeskstudlo.com CONTACT: CHRISTIAN DEAN, AIA NOT FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota Pla way : CHRISTIAN D. DEAN dysah n: 'cerise no 44768 two REVISIONS CUP APP. 1.14.08 CUP APP. REVISIONS 125.08 DATE: PROJECT NO.: 2008.03 DRAWN BY: FLOOR PLAN A2.0 0 70'-0' 23'-4' 23'-4' 23.-4' I OEAST AND WEST ELEVATION 1 1'-2' -- SLIDING BARN DOOR. 120'-0' PRE-ENGINEERED STEEL 7t-- STRUCTURE PRE -FIN. CURROGATED METAL ROOFING AND SIDING AND SECONDARY FRAMING BY T" 70'-0' PRE-ENGINEERED BUILDING / SUPPLIER. / / 23'-4' 23'-4' 23'-4' / / T 12'-0' MEZZANINE STRUCTURE. STEEL FRAMING WITH A COMPOSITE CONCRETE DECK. n . \ 12'-0' oa 36'-0' N ^ STORAGE/PLAYAREA 1 _�_— 1 —, _ . - ..- I "....� �j HORSE STALLS .. l BUILDING SECTION co 22'-10' 24'-0' 24'-0' 24'-0' 22'-B' 1'- 4' ONORTH AND SOUTH ELEVATION 1 8' 16' 48' GENERAL NOTE: FINAL DESIGN AND CONFIGURATION OF OPENINGS TO BE CONFIRMED. DOCUMENT INDICATES GENERAL STRUCTURE SIZE AND FOOTPRINT. SKYLIGHTS PROJECT BHAVSAR BARN 2105 CHESTNUT RD. MEDINA, MN 55340 ARCHITECT CITYDESKSTUDIO, INC. 1101 WASHINGTON AVE. S. SUITE 202 MINNESOTA, MN 55415 612.8712398 t 612.339.4930 f www.citydeskstudlo.com CONTACT: CHRISTIAN DEAN, AIA NOT FOR CONSTRUCTION I hereby Certify that this plan, spetiflCallon, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota pint name: CHRISTIAN D. DEAN slonalure- llnnseno: 44788 deg REVISIONS CUP APP. 1.14.08 CUP APP. REVISIONS 1.25.08 DATE: PROJECT NO.: 2008.03 DRAWN BY: PRELIM. SECTIONS AND ELEVATIONS A3.0 ROOFTOP 'CUPOLA' Q 2: Y T.O. PARAPET PRINCIPAL STRUCTURE 0 16' 32' 64' OSITE SECTION DIAGRAM r=sr-0° z0 w w --'4 i; j; I 1Y II SITE PLAN R FE ENCE DIAGRAM 1'=32b' DIAGRAMMATIC OUTLINE OF PRINCIPAL STRUCTURE APPROX. GRADE @ SECTION CUT etoss-o HORSE STALL AREA NEW PRE-ENGINEERED METAL BUILDING. EXISTING SHED FOR REFERNCE GENERAL NOTE: THIS SITE PLAN IS BASED ON A PREVIOUS STIE PLAN DOCUMENT SUBMITTED AS A CONTRACT DOCUMENT FOR CONSTRUCTION OF THE PRINCIPAL STRUCTURE AT A PRIOR DATE TO THIS SUBMISSION UNDER A SEPARATE CONTRACT. THE ACCURACY OF THIS PREVIOUS DOCUMENT HAS NOT BEEN VARIFIED BY CITYDESKSTUDIO. MEZZANINE LEVEL WITHIN BARN PROJECT BHAVSAR BARN 2105 CHESTNUT RD. MEDINA, MN 55340 ARCHITECT CITYDESKSTUDIO, INC. 1101 WASHINGTON AVE. S. SURE 202 MINNESOTA, MN 55415 612.872.2398 t 612.339.4930 f www.dtydeskstudio.com i CONTACT: CHRISTIAN DEAN, AIA NOT FOR CONSTRUCTION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the Stale of Minnesota Pent name: CHRISTIAN D. DEAN aorebae: nsense no: 44768 Ms REVISIONS CUP APP. 1.14.08 CUP APP. REVISIONS 1.25.08 DATE: PROJECT NO.: 2008.03 DRAWN BY: SITE SECTION A4.1 AGENDA ITEM: 8 TO: FROM: DATE: SUBJECT: PLANNING REPORT Medina Planning Commission Andrew Gitzlaff, Landform through Tim Benetti, Planning Director February 5, 2008 for the February 12, 2008 Planning Commission Meeting Robb Stauber. Request for approval of a Site Plan for the development of a 3- unit townhome buildings as a Common Interest Community (CIC) on property located at 705 Hamel Road. REVIEW DEADLINE: April 30, 2008 1. DESCRIPTION OF REQUEST: The applicant is requesting approval of a site plan to allow the development of a 3-unit townhome building as a Common Interest Community (CIC) on property located at 705 Hamel Road. 2. CHANGES TO THE SITE PLAN: The applicant had previously proposed to construct two 3-unit townhome buildings on the site. The Planning Commission and the City Council recommended preliminary approval of the project, but final approval was not granted because the applicant has since decided to change the site plan and reduce the scale of the project. The design and layout of the northern 3-unit townhome building remains relatively the same on the revised site plan. However, the applicant no longer intends to construct the southern 3-unit townhome building. According to the applicant, constructing the southern townhome building would not be feasible because of market conditions and the costs of the site improvements. In addition, the revised site plan now meets the 25% maximum impervious surface shoreland overlay district requirement for Elm Creek and a variance is no longer required. 3. BACKGROUND: The Planning Commission reviewed the previously proposed site plan for a 6-unit townhome development at a public hearing on November 13, 2007. The Planning Commission discussed the proposed development and its impact on the surrounding neighborhood and natural environment. The Planning Commission voted unanimously to recommend approval of the site plan subject to the conditions recommended by staff and the following conditions: • The front porches of the northern townhome building should include railings or similar architectural detailing. • Foundation plantings should be added in front of the porches on the northern building. • Decorative brick or stone should be added to the rear of the north townhome building between the garages. a Robb Stauber Page 2 Re: Medina Townhomes Site Plan and Variance February 5, 2008 • Quality building materials should be used throughout the development. • The Applicant should work with staff to ensure that these architectural improvements are being met. At this time these changes have not been made to the site plan and are still included as recommended conditions of approval. The Planning Commission may wish to revaluate the project's architecture based on the revised site plans and modify, add or delete any of these conditions. 4. CONTEXT: A. Level of City Discretion in Decision -Making The City's discretion in approving or denying a site plan is limited to whether or not the proposal meets the standards outlined in the Zoning Ordinance and Subdivision Regulations. If it meets these standards, the City must approve the site plan application. B. Zoning and Land Use The subject property is guided and zoned Multi -Family Residential (MR). The purpose of the MR land use designation and land use category is to provide a district which will allow multi- family dwellings where proper relationships to other land uses and adequate transportation services exist. The adjacent properties to the east and the west of the site are also guided and zoned Multi -Family Residential and are occupied by similar multi -family uses. The properties to the north of the site are guided and zoned Urban Commercial (UC), and are occupied by commercial office and light industrial uses. The property to the south of the site is guided permanent rural, zoned rural residential (RR) and consists mainly of wetlands and some open fields. The property to the southeast is owned by the Metropolitan Council, guided and zoned Public/Semi Public (PS) and is occupied by a sewer interceptor station. C. Existing Conditions of the Site The southern 3/4 of the site is within the 300-foot shoreland overlay district for Elm Creek, which runs east -west to the south of the site. A portion of a larger wetland complex is located on the south end of the site. The majority of this wetland area is located within the 100-year floodplain. There are some large trees scattered throughout the site that have been identified on the existing conditions survey. The property was previously used as a single family residence. The garage and the house have recently been relocated from the site. 5. ANALYSIS: Consistency with Ordinance Standards A. CIC Plat The applicant intends to convey individual ownership to each unit through a Common Interest Community (CIC) Plat that will need to be filed with the County. Each townhome unit will be considered a separate condominium unit and the remainder of the site and any common elements will be designated for common ownership by the owners of the individual units. A Homeowner's Robb Stauber Page 3 Re: Medina Townhomes Site Plan and Variance February 5, 2008 Association will also need to be formed. The City's standard platting process will not be required because new lots of record are not being created. B. Site Plan The applicant is now proposing to construct a 3-unit townhome building on the northern portion of the site. The front entrances of the northern townhome building will face Hamel Road and the garages will be tucked under the rear of the unit. The orientation of the buildings is the same as the adjacent multi -family developments to the east and the west. Staff is comfortable with the layout of the building on the site provided that some architectural improvements are made to the elevations, as discussed in the building architecture section of this report. Density The site is currently guided Multi -Family Residential. The minimum density for this land designation is a twinhome (2 units) and there is no maximum permitted density. The proposed site plan complies with the existing Comprehensive Plan. However, the site will be reguided High Density Residential in the proposed Comprehensive Plan update, which will allow a density range from between 7 and 30 units per net acre. The approximate density of this project is 3.5 units per net acre, which is less than what would be allowed under the updated Comprehensive Plan. The Comprehensive Plan update has not been adopted yet, therefore, the Planning Commission must review this project based on current standards. Lot Standards The ordinance requires a minimum of 6,000 square feet of site area per multi -family unit (36,000 total square feet) and the minimum lot width for multi -family structures is 100 feet. The site is 43,436 square feet in area and 100 feet wide. The proposed development meets all lot standard requirements. Building Standards The maximum height for buildings in the MR district is 30 feet, measured from the average grade around the building and must contain a minimum of 550 square feet of habitable floor area per unit. The proposed townhome buildings meet these requirements. Building Setbacks The minimum required setbacks in the MR zoning district are as follows: Front: 50 feet Side, lot line: 15 feet or %2 height of building, whichever is greater Side, interior party wall: 0 feet Rear: 40 feet From protected watercourse: 100 feet The proposed development meets all setback requirements. Robb Stauber Page 4 Access and Vehicle Circulation Re: Medina Townhomes Site Plan and Variance February 5, 2008 The proposed development will access Hamel Road from a new driveway. The driveway will extend down and around to the parking area at the rear end of the upper units Right -of -Way The applicant should dedicate 33 feet of right-of-way along the north end of the site for Hamel Road. Fire Safety The City's Fire Marshal has determined that the existing fire hydrants along Hamel Road provide adequate fire protection to the proposed townhome building. Sprinklers will not be required provided that the proposed size of the building does not increase and all applicable building and fire code standards are met. Parking The ordinance requires 2 parking spaces for each dwelling unit. The proposed site plan shows two attached parking stalls per unit and there is room in front of each garage stall for additional guest parking. Time restricted parking is also allowed on Hamel Road in front of the units. Staff recommends that the applicant include language in the HOA documents that restrict parking in front of the garage spaces to guests only. The intent of this restriction is to prevent. primary vehicle parking from taking place outside because the garages areas are being used for storage, which is a common occurrence in townhome developments that do not include basements. Signage The proposed site plan does not identify any signage. If signage is proposed, it must be shown on the plans and met the requirements of the City's sign ordinance. Lighting The proposed site plan does not identify any lighting. All building and site lighting must meet the City's outdoor lighting requirements and must be shown on the plans prior to issuance of a building permit. Landscaping The proposed landscape plan shows 2 overstory trees, 1 ornamental tree, 1 coniferous tree, 37 shrubs and 48 perennials. The trees will be planted in front yards of each unit. Tree Preservation The tree preservation ordinance requires that structure and homes be located to preserve trees. There are a few significant trees scattered throughout the site that are identified on the existing conditions survey. The applicant should work to preserve as many significant trees as possible, Robb Stauber Page 5 Re: Medina Townhomes Site Plan and Variance February 5, 2008 particularly the 2 large coniferous trees at the north end of the site. The plans should be revised to show tree protection measures for any trees that will be preserved. Wetlands A portion of a larger wetland complex is partially located on the south end of the site. The wetland delineation and report have been approved by the City. The proposed site plan does not impact the wetland areas. The proposed townhome buildings are setback approximately 40 feet from the wetland area. Elm Creek Elm Creek, a protected watercourse, runs east -west to the south of the site. The Elm Creek Water Management Commission (ECWMC) requires a 50-foot vegetative buffer from Elm Creek. The proposed site plan satisfies this requirement by showing the construction of a rain garden between the townhomes that filters runoff directed towards Elm Creek. ECWMC conditionally approved the revised site plan provided that a maintenance area for the buffer area is provided. The proposed development will need to comply with all the requirements from Elm Creek Watershed District letter dated January 23, 2008. Shoreland The site is located within the 300-foot shoreland overlay district of Elm Creek. As a result of the sites proximity to the creek, impervious surface is restricted to a maximum of 25% of the total site area. The proposed development will consist of 8,020 square feet of impervious surface (20.4% of the site area) and will meet all shoreland district requirements. Stormwater Management The site generally drains from northeast to southwest. The proposed site plan will route stormwater generated from the site to the rain garden at the south end of the site that will filter the runoff before it is discharged into Elm Creek. The proposed development will need to comply with all stormwater management requirements listed in the City Engineer's memo dated January 23, 2008. Floodplain A portion of the site that includes the wetland areas is within the 100-year floodplain. The project will not impact the floodplain. Municipal Sewer and Water The site is served by municipal sewer and water. The utility plan will need to be revised to meet all of the requirements listed in the City Engineer's memo dated January 23, 2008. Drainage and utility easements will also be required over all ponding areas, wetlands, drainage ways, storm sewers and water pipes. Robb Stauber Page 6 Parks and Trails Re: Medina Townhomes Site Plan and Variance February 5, 2008 The City requires a portion of the buildable land (not to exceed 10% of the site) as park dedication, cash in lieu of land, or some combination thereof. Park dedication is required for the 3 new units that will be created but credit will be given for the existing single family home. Cash in lieu of land would be $3,500 per unit (2 total units) for a total of $7,000. The City's future trails plan identifies a need for a trail along Hamel Road. This proposed trail would be approximately 1 mile long, extending from Pinto Drive on the western edge of Uptown Hamel, east to the Medina city limit at Brockton Lane. The construction of this trail segment is designated as a high priority (to be constructed within 1-5 years) in the Medina Trail Study completed in 2003. The Parks Commission reviewed this application at their November 28, 2007 meeting recommended against the dedication of a trail easement at the north end of the site for the future construction of a trail segment. The Parks Commission anticipated that the trail would be located on the opposite side of the road and that a sidewalk would be more appropriate for this side of the road in the future. There is enough room in the existing right-of-way to construct the sidewalk. Building Architecture The front entrances to the townhome building, which will be on the most visible facade of the project, will face Hamel Road and the garages will be tucked under the rear of the unit. This design allows for a more welcoming view from Hamel Road. The applicant has done a good job incorporating a variety of building materials and architectural detailing on this facade. It appears that these building materials will consist of vinyl lap siding, vinyl shake siding and decorative brick. However, the proposed building materials and color schemes have not been shown on the plans. Staff recommends that this combination of building materials and level of architectural detailing should be used on all sides of the building. Decorative brick or stone shall be added between the garage doors. The massing of the units has been broken up by varying the front setbacks for each unit. Staff recommends that additional breaks and variations be added to the roof line on the side and rear elevations. Retaining Walls The proposed development includes the construction of retaining walls along the east and west property lines. A detail of the proposed retaining walls should be provided prior to any site work being conducted on the site. The architectural design of the retaining walls should be compatible with the principle structures. Screening The ordinance requires that all mechanical equipment to be fully screened from contiguous property and adjacent streets by architecturally integrating the equipment into the structure or by surrounding it with opaque materials compatible with the principal structure. The plans must be revised to show the location of any ground -mounted mechanical equipment and the proposed method of screening. Robb Stauber Page 7 6. RECOMMENDATION: Re: Medina Townhomes Site Plan and Variance February 5, 2008 Staff finds that the site plan is consistent with the intent of the MR zoning district and the overall character of the surrounding neighborhood. With respect to the overall site plan, the architectural quality could be improved. Staff recommends approval of the site plan subject to the following conditions and findings: 1. The HOA documents shall be revised to include provisions that restrict parking in front of the garages to guests only. 2. A 33-foot %2 right-of-way shall be dedicated along the north end of the site for Hamel Road. 3. The proposed development shall comply with the adopted International Fire Code and all the fire safety requirements of the City's Fire Marshall. 4. If signage is proposed, it must be shown on the plans and meet the requirements of the City's sign ordinance. 5. All building and site lighting must met the City's outdoor lighting requirements and must be shown on the plans prior to issuance of a building permit. 6. The applicant shall work to preserve as many significant trees as possible, particularly the 2 large coniferous trees at the north end of the site. The plans shall be revised to show tree protection measures for any trees that will be preserved. 7. The proposed development will need to comply with all the requirements from Elm Creek Watershed District letter dated January 23, 2008. 8. All conditions stated in the City's Engineer memo dated January 23, 2008 shall be addressed. 9. The utility plan will need to be revised to meet all the requirements from the City's Public Works Department and the City Engineer. 10. Park dedication is due for the 3 new units being created but park dedication credit will be given for the existing single family home. 11. The proposed building materials and color schemes shall be shown on the plans. 12. The applicant shall work with staff to make the following improvements to the overall architectural quality of the project: a. The proposed combination of building materials and level of architectural detailing on the front fa9ade of the buildings shall be used on all sides of the building. Robb Stauber Page 8 Re: Medina Townhomes Site Plan and Variance February 5, 2008 b. Decorative brick or stone shall be added between the garages. c. The massing of the building shall be broken up by providing additional breaks and variations in the roof -lines on the side and rear elevations. d. The front porches of the northern townhome building shall include railings or similar architectural detailing. e. Quality building materials shall be used throughout the development. f. Foundation plantings should be added in front of the porches on the northern building. 13. Construction details shall be provided for the proposed retaining walls along the east and west property lines. The retaining walls shall be architecturally compatible with the principal buildings. 14. The plans must be revised to show the location of any ground -mounted mechanical equipment and the proposed method of screening. The ordinance requires that all mechanical equipment to be fully screened from contiguous property and adjacent streets. 15. The Applicant shall enter into a maintenance agreement for the on -site stormwater management system that is satisfactory to the City. The maintenance agreement shall establish a responsible party and be recorded before with the Development Agreement. ATTACHMENTS: 1. City Engineer's memo, dated January 23, 2008 2. Elm Creek Watershed Management Commission letter, dated January 23, 2008 3. Site Graphics received January 11, 2008 2335 Highway 36 W St. Paul, MN 55113 Tel651-636-4600 Fax 651-636-1311 www.bonestroo.com Bonestroo January 23, 2008 Mr. Andrew Gitzlaff Planner C/O Landform 800C Butler Square 100 North 6t Street Minneapolis, MN 55403 Re: Medina Townhomes Bonestroo File No. 000190-08000-1 Plat No. L-07-017 Dear Andrew, We have reviewed the revised plans for the proposed townhomes at 705 Hamel Road, dated 1-11-08. The plans propose to construct one building with three units. We have the following comments with regards to engineering matters: Streets/Parking Lot • A geotechnical report, R-value recommendation, and pavement design should be submitted for review and approval. Grading/Drainage/Wetlands • Further stormwater calculations should be provided to include an analysis of inlet capacity for CB4. The inlet capacity of this structure should be design to handle 100-year run off events. • Grading near CB4 should be clarified to show that a minimum of one foot of freeboard is provided between the EOF at the retaining wall and the lowest exposed elevation on the west side of the townhomes. • It appears that the proposed grading will route runoff from the subject property onto the neighboring property to the east. The grading should be revised in this area such that all runoff is contained on the subject property. • Better defined swales should be graded to the north of the proposed rain garden such that all runoff from the north is routed overland to the rain garden. The current grading plan indicates that runoff along the east and west property lines may bypass the rain garden. • Engineered retaining wall design and details should be submitted for all retaining walls greater than 4 feet in height. Wall design must take into consideration storm sewer pipes passing through or under their foundations. • See the attached memo from Dan Murphy and Lance Hoff regarding drainage. Utilities • A hydrant should be installed near the northwest corner of the building. The watermain serving the hydrant should be 6" in size. • Curb stops should be provided for each water service. • The applicant should provide further information as to why 2" domestic services are proposed. Generally, residential domestic services are 1 " in size. • The Fire Marshal should review and comment on the revised plans. • The applicant needs to verify where the existing sanitary sewer service connects to the sewer system. If the existing service connects to the sewer on Hamel Road, the service should be abandoned to the satisfaction of the city public works department. If the existing service is connected to the stub in the back yard, then the sewer must be televised to verify the proper location for abandonment • Invert elevations should be given for the sanitary service line at cleanouts and connection points. General • Plans should identify a snow storage area. • Proof of temporary construction easements must be provided for all utility work and grading that is to occur on neighboring properties. • Drainage and utility easements should be provided over all watermain pipes. • We have estimated the total revised construction cost to be $187,733.00. A financial guarantee should be provided for 150% of this amount, or $281,599.50. If you have any questions please feel free to contact me at (651) 604-4894. Sincerely, BONESTR00 Darren Amundsen Cc: Tom Kellogg Dusty Finke, City of Medina Steve Scherer, City of Medina elm creek Watershed Management Commission ADMINISTRATIVE OFFICE 3235 Fernbrook Lane Plymouth, MN 55447 PH: 763.553.1144 FAX: 763.553.9326 E-mail: judie@lass.biz TECHNICAL OFFICE Hennepin County, DES 417 North 5th Street Minneapolis, MN 55401-1397 PH: 612.596.1171 FAX: 612.348.8532 E-mail: Ali.Durounoolu@co.hennepin.mn.us Project Review -Medina Townhomes Medina, 2007-035 (revised plans) Project Overview: The initial proposal for this project was to develop seven town homes on a one - acre site (0.997 acres) located at the southwest corner of Hamel Drive and Tower Road (see map). The revised submittal reduced the size of the development to three town homes and also reduced the impervious cover. The south 60 feet of the property is within the 100-year floodplain of Elm Creek. The base flood elevation is 977.00 feet. The plan is reviewed for the Commission's floodplain management and buffer requirements. The project was approved in August 2007, conditioned on receipt prior to the project review deadline of final, signed plans showing permanent buffer markers and a maintenance plan for the buffer area. Applicant & Agent. Robb Stauber, 7401 Washington Ave S, Edina MN 55439. Phone (763) 238- 7090; fax (952) 942-1006, Email: RStauber@goalcrease.com. Engineering/Agent. Mark Kronbeck, Alliant Engineering, Inc., 233 Park Avenue South, Suite 300, Minneapolis, MN 55415. Phone (612) 767-9338; fax (612) 758-3099. Email: mkronbeck@alliant-inc.com. Exhibits: 1. Request for plan review, received on July 24, 2007. 2. Plan review fee of $100 (received on July 24, 2007). 3. Transmittal letter from the City (Dusty Finke). 4. Project review deadline extension letters. 5. Drainage calculations with removed south building, dated January 11, 2008. 6. Revised Plan Sheets (dated January 11, 2008, unsigned). C-0 Cover Sheet C-1 Existing Conditions Survey C-2 Site Plan C-3 Grading & Erosion Control Plan C-4 Utility Plan C-5 Detail Sheet L-1 Landscape Plan A 1.1 Exterior Elevations A2.1 Foundation Plan A3.1 First Floor Plan A3.2 Second Floor Plan CHAMPLIN • CORCORAN • DAYTON • HASSAN • MAPLE GROVE • MEDINA • PLYMOUTH • ROGERS Medina Townhomes January 23, 2008 Page 2 Findings: General: 1. The extended project review deadline is April 15, 2008. 2. City of Medina is the LGU administering the Wetland Conservation Act. Wetlands have been delineated by Alliant Engineering. The project is not proposing any wetland impacts. Floodplains: 3. a) There are FEMA and Elm Creek WMC designated floodplains on this site. The base flood elevation (BFE) has been established at 977 feet. b) The project does not impact any floodplains. Some minor grading will be done to create a rain garden. There will be no loss of flood storage due to this grading. c) The lowest structure elevation must be at least 2 feet above the BFE. The submitted plan satisfies this requirement. Buffers: 4. Elm Creek Watershed Management Commission requires 50 feet native vegetative buffer from Elm Creek. This buffer will be provided by constructing a rain garden between the town homes and Elm Creek. Runoff directed towards Elm Creek will be filtered through this rain garden. A vegetation plan for the rain garden has been included. 5. Additional 90-foot green space is left between the town houses and the rain garden/buffer. This green space will be planted with short prairie seed mix. 6. All the wetlands, floodplains and buffers are included in drainage and utility easements. Buffers are indicated by permanent buffer monuments. 7. A long-term plan should be developed for the maintenance of the rain garden, which should identify funding mechanism and a responsible party. Erosion and Sediment Control Plan: 8. The project is less than one acre in size and therefore does not require review by the Commission. Stormwater Management Plan: 9. The project is less than one acre in size and therefore does not require stormwater review by the Commission. Recommendations and Findings: 1. Project was approved in August 2007 with conditions. The following remaining conditions must be satisfied before the project review deadline: a. A copy of the final, signed plan must be submitted, b. A maintenance plan for the buffer area should be provided. This should be recorded with the title (or with the homeowner's association documents). January 23, 2008 Date Ali Durgunoglu, PhD, PE Advisor to the Commission SAEMDTEMCON\CORR\DURGUNOGLU\_WATERSHEDS\ELM_CRIULAN_REVIEW2007Wledina Townhomes\Medina Townhomes_FOF_2doc Medina Townhomes January 23, 2008 Page 3 SITE LOCATION SAEMDZEMCON\CORROURGUNOGLU\_WATERSHEDS\ELM_CRKTLAN_REVIEW2007\Medina Townhomes\Medina Townhomes_FOF_2doc MALLIANT ENGINEERING, INC. 2008 - 3,13pm Drawing name, PAalllant\Robb Stauber\070039\plan sheets\070039cowe.dwg Jan DEVELOPER ROBB STAUBER 7401 WASHINGTON AVENUE SOUTH EDINA, MN 55439 COVER SHEET MEDINA TOWNHOMES TOWER; ..— 2-DRIVE R 1 HAMEL ROAD :1 1 0' 40' 80' 120' SCALE IN FEET ARCHITECTURE STEVE ELLEFSEN STUDIO 44 ENGINEERING/ LANDSCAPE ARCHITECTURE CONTACT PERSON: MARK KRONBECK ALLIANT ENGINEERING 233 PARK AVENUE SOUTH SUITE 300 MINNEAPOLIS, MN 55415 PH 612-767-9338 FX 612-758-3099 PROJECT LOCATION N Greed 11si Cnurdry Club g2007 Microsoft Cplp. &DOE NAviEQ, ao G/orTe le atlas, Inc. LOCATION MAP N.T.8 SHEET INDEX NO. C-0 COVER SHEET 1-11 C-1 EXISTING CONDITIONS SURVEY 2-11 C-2 SITE PLAN 3-11 C-3 GRADING & EROSION CONTROL PLAN 4-11 C-4 UTILITY PLAN 5-11 C-5 DETAIL SHEET 6-11 L-1 LANDSCAPE PLAN 7-11 A1.1 EXTERIOR ELEVATOINS 8-11 A2.1 FOUNDATION PLAN 9-11 A3.1 FIRST FLOOR PLAN 10-11 A3.2 SECOND FLOOR PLAN 11-11 233 PARK AVE. Boum, SUITE son MINNEAPOLIB. MN 6606 PHONE 0121 768.8080 FAX (612) 7683088 MEDINA TOWNHOMES a OW Z W 2 aQ xZ ins nM N O E E z C COVER SHEET REVISIONS 10-1-07 CRY COMMENTS 10-30-07 CRY COMMENTS - 1-11-08 REMOVED SOUTH BLDG. DESIGNED BY MK DRAWN BY DE CHECKED BY MK DATE ISSUED 7-11-07 SCALE 1' = 40' JOB NO. 207-0038.0 C-O SHEET 1 Of 11  / A e / / v/ L - L _ / / N115WNDDW\ " ,CD5.7{ n \ 30.` . /f& r r - r'- / / /- / / - /- - P 1 L L. / \ J EXIS11NG BUILDING / /r /\ / /-/ .y, /- -/ /- / / F -/ / / / L_ / l/. / / / f&/ EXISTING CONDITIONS EXISTING 1-STORY GARAGE 1 N910.59 EXISTING 1 1/2 STORY WALKOUT HOUSE 705 HAMEL RD I MEDINA. MN " CONC. 5105 ODE Of BIT 905.10 Nab.0 LEGAL DESCRIPTION That part of Lot 9, Auditor's Subdivision Number 241, Hennepin County, Minnesota, described as follows: Commencing at o point where the East line of Lot 9 extended north intersects the centerline of County Road 9, said point being 1091.5 feet north of the Southeast corner of said Lot 9; thence southwesterly 125 feet along the centerline of said road; thence south parallel with the East line of said Lot 9, a distance of 348.5 feet; thence northeasterly parallel with the centerline of said County Road 9, a distance of 125 feet to the East line of said Lot 9; thence north to the point of beginning; subject to road. (Abstract Property) NOTES: 1. The locations of underground utilities are depicted based on available mops, records and field locations and may not be exact. Verify all utilities critical to construction or design. 2. The basis of bearings is assumed. 3. All distances are in feet. 4. The property surveyed excluding road has an area of 43,436 s.f. or 0.997 acres 4. This survey was prepared from information found in Commitment for Title Insurance doted May 8, 2007 prepared by Guaranty Title, Inc. as agents for Lawyers Title Insurance Corporation. 5. Bench Marks: (1). MNDOT Brass Disk stamped 2722 X has an elevation of 995.21 feet NGVD 29. (2). Top Nut of Hydrant located at the northeast quadrant of Hamel Road and Tower Drive has an elevation of 998.52 feet NGVD 29. LEGEND O1M NET CM MON MammENT S *  D G  GBMMN MAD 91aN 11010I14NT  p_p_ 54E00 sWn, O B 10101 VAIA4  I  WATERY. � 9ANRMY WAVLE  algal aflBEID 1111Itt Q' Glal SON T T IAUQ611DIM MOW.  WAX X Inla: � aECOM Mau �� _ _ M W4Mxa ir4 6 D WY O WDIAW Wad t 1 AWINi dAlEF1BM al 9/!/07 :, :: 9FDT GAVATOI WOE a' WAR11 era or Nr1 AND I .. , " " . `1 DaldElE � WAS Woz NAE.'��'A1M11'116116011 ;1 Wo LsWoo( _��7:717= WW1 Wrcl o' 20" 40' eo" SCALE IN FEET NORTH ALLIANT ENGINEERING, INC. 233 PARE AYE SOUTH; SUITE 300 MINNEAPOLIS, MN 66415 PHONE (812) 768-3080 FAX (812)76e3009 REVISIONS 10-1-07 CITY COMMENTS 10-30-07 CRY COMMENTS 1-11-08 REMOVED SOUTH BLDG. DESIGNED BY DRAWN BY LT CHECKED BY DBO DATE ISSUED 6-2a-07 SCALE 1' = 20' JOB NO. 207-0039.0 Drawing name( P+\aUlant\Robb Stauber\070039\plan sheets \070039siteAwg Jan IL 2008 - 3Q2pn I !a i O cc I I I r I I I I I I I I TI f-, 4413i INOUS IrAy ENT THREE 6' GRADE STEPS '°SECRETE STEPS f79111 RAILS I I I I I I I f N'\ CONSTRUCTION LIMITS Tn T- 3 TUCK -I UNDER 1 UNITS 1 L _ R10' BITUMINOUS PAVEMENT 15BUILDING 300' SHORELAND OVERLAY BOUNDARY: UNE 1 i 13612 CURB AND GUTTER MODULAR BLOCK RETAINING WALL (TYP.) < NO115'11•E 348.50 SETBACK J'O'•HaIDB,JC�, SETBACK NCIM5*1 .11 348.50 -MODULAR BLOCK RETAINING WALL (TYP.) CONSTRUCTION LIMITS L i PROPOSED RAIN GARDEN PERMANENT WETLAND BUFFER MARKER . 1 PERMANENT WETLAND BUFFER MARKER ELAI CREEK 0' 20' SCALE IN FEET 40' 80' P NORTH GENERAL NOTE& 1. PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE TO MAKE SURE THAT ALL REQUIRED PERMITS AND AP- PROVALS HAVE BEEN OBTAINED. NO CONSTRUCTION OR FABRICATION SHALL. BEGIN UNTIL THE CONTRACTOR HAS RECEIVED AND THOROUGHLY REVIEWED ALL PLANS AND OTHER DOCUMENTS APPROVED BY ALL OF THE PERMITTING AUTHORITIES. 2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS AND SPECIFICATIONS AND THE REQUIREMENTS AND STANDARDS OF THE LOCAL GOVERNING AUTHORITY. 3. CONTRACTOR IS RESPONSIBLE FOR DEMOLITION k REMOVAL OF ALL EXISTING STRUCTURES WHICH INTERFERE WITH NEW WORK AS SHOWN. 4. CONCRETE SIDEWALK AND CURB h GUTTER SHALL Be REMOVED TO NEAREST CONSTRUCTION JOINT OUTSIDE THE REMOVAL UMIS. 5. ALL DIMENSIONS. GRADES, EXISTING AND PROPOSED INFORMATION SHOWN ON THE PLANS SHALL BE FIELD VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION, CONTRACTOR SHALL NOTIFY THE CONSTRUCTION MANAGER IF ANY DISCREPANCIES EXIST PRIOR TO PROCEEDING WITH CONSTRUCTION FOR NECESSARY PLAN OR GRADE CHANGES. NO EXTRA COMPENSATION SHALL BE PAID TO THE CONTRACTOR FOR WORK HAVING TO BE REDONE DUE TO INFORMATION SHOWN INCORRECTLY ON THESE PUNS IF SUCH. NOTIFICATION HAS NOT BEEN GIVEN. 6. ALL DIMENSIONS SHOWN ARE TO EDGE OF PAVEMENT, CENTER OF STRUCTURE, EDGE OF SIDEWALK OR EXTERIOR OF BUILDING. 7. ALL CONCRETE SIDEWALK ADJACENT TO BUILDING SHALL BE SEPERATED BY A 1/2'. EXPANSION JOINT. 8. PROTECT EXISTING CONCRETE SIDEWALKS DURING ALL PHASES OF CONSTRUCTION. CONTRACTOR TO REPLACE ANY CRACKED OR BROKEN PANELS CAUSED BY SITE CONSTRUCTION. 9. CONTRACTOR IS RESPONSIBLE FOR THE REMOVAL k DISPOSAL OF THE EXISTING BRUMINOUS. BMJMINOUS SHALL BE SAW CUT OR JACK HAMMERED FOR STRAIGHT EDGES. TACK SHALL BE USED ON BDUMINOUS EDGE PRIOR TO PATCHING. MATCH EXISTING GRADES. 10. CONTRACTOR SHALL PROTECT ADJOINING PROPERTIES k STRUCTURES FROM HAZARDS ASSOCIATED WITH HIS CONSTRUCTION ACTIVMES k SHALL BE RESPONSIBLE FOR ALL DAMAGES TO PROPERTIES k STRUCTURES THAT OCCUR AS A RESULT OF THESE ACTIVRIES. 11. CONTRACTOR SHALL NOT IMPEDE EXISTING TRAFFIC CIRCULATION TO ADJACENT BUSINESSES. 12. CONTRACTOR SHALL PERFORM SWEEPING ON PRIVATE PARKING AREAS AND PUBLIC STREETS AT LEAST ONCE A WEEK, ONCE A DAY IF NEEDED. 13. CONTRACTOR SHALL BE HELD FULLY RESPONSIBLE TO PREVENT AND EUMINATE ANY DUST NUISANCE OCCASIONED BY AND DURING CONSTRUCTION, UNTIL THE PROJECT HAS BEEN COMPLETED AND HANDED OVER. SITE PLAN NOTE 1. REFER TO ARCHITECTURAL DRAWINGS FOR CONCRETE STOOPS ADJACENT TO PROPOSED BUILDING. 2. ALL WORK WITHIN THE R.O.W. STALL COMPLY WITH THE CITY ENGINEERING DESIGN STANDARDS. 3. BUILDING DIMENSIONS REFER TO OUTSIDE OF BUILDING FACE (TYP.) UNLESS OTHERWISE NOTED. 4. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING UTIU TIES AND TOPOGRAPHIC FEATURES, SUCH AS EXISTING STREET GRADES AT THE PROPOSED DRIVEWAYS, PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OF VARIATIONS FROM THE PLANS. 5. ALL CONCRETE PADS TO BE 3000 PSI AIR ENTRAINED CONCRETE WITH /4 BARS O 12' O.C. AND BROOM FINISHED. 6. ALL RETAINING WALLS TO BE MODULAR CONCRETE BLOCK. SITE DATA: EXISTING ZONING 4. MULTI -FAMILY RESIDENTIAL ZONING DISTRICT (MR) PROPOSED ZONING .4 MULTI -FAMILY RESIDENTIAL ZONING DISTRICT (MR) LOT AREA EXISTING LOT AREA - 43,436 SQ. FT.; 0.997 AC STREET EASEMENT . 4,113 SQ. FT.; 0.094 AC PROPOSED LOT AREA - 39.323 SO. FT.; 0.903 AC IMPERVIOUS SURFACE AREA 4. 8,020 SQ. FT.; 20.4X TOTAL BUILDING FOOTPRINT AREA BUILDING 'A' - 3,083 SO. FT. DWEWNG UNITS - 6 UNITS PARKING DATA: REQUIRED PARKING 8 2 SPACES PER UNIT PROVIDED EXTERIOR PARKING 6 PRCVIDED INTERIOR PARKING - 8 TOTAL PARKING PROVIDED - 12 SITE LEGEND: fXX' WARS OF CONSTRUCTION EXISTING PROPERTY UNE EXISTING RIGHT-OF-WAY — PROPOSED SETBACKS NATIVE VEGETATIVE BUFFER CONCRETE PAVEMENT UTILTTY EASEMENT STORM SEWER EASEMENT STREET EASEMENT DEDICATION AREA TO BE CONVEYED TO THE CITY OF MEDINA ALLIANT ENGINEERING, INC. 233 PARR AVE. 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IE 975.5 \ . 2.1 C.Y. ,i,'/ CLASS III RIP RAP I 6' DRAINTILE I 4,.., IE 972.60 " I I O'DRAINnIE;- y i IE 972.At . BIO-11LTRATION -1it, 1 1, BASIN I" \ 0-a�1. # n (0 { ♦V ♦V W V .-4':i1 2.3 15 A\ .._��HL-�'!'a.: '=3II .:i3il CLA,1 Ill \ - 1 I�iir RAP \ i ..Ail ,...Y.,_...1 ,y._YA...\ ,1fI1 �. .. ( 1 ? L L ^1pp i,1li. 9i 1 LinuTY�� EASEMENT t k 1 ADS DRAINTECH BASIN WITH CORRUGATE PIPE AND ROUND GRATE 2.G.VE 0,10141.61-BE Mt.. PRIOR TO POLVOLE.F1N ORATE uroarzoounela wam ®dn1°"aewu«mn ri�oo.em I�i1CA NAN k �+. ,,ei w i,oe.lf a � rselof.o m sm-iia1a L�1T�.A% w UTILITY NOTES 1. EXISTING UTIUGES, SERVICE LOCATIONS AND ELEVATIONS SHALL BE VERIFIED IN THE FIELD AND WITH THE CRY OF MEDINA, MINNESOTA. PRIOR TO CONSTRUCTION. 2. MAINTAIN 15* VERTICAL AND 6' HORIZONTAL SEPARATION AT ALL PIPE CROSSINGS. 3. CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS PRIOR TO THE START OF CONSTRUCTION. 4. UTUTY CONTRACTOR TO PROVIDE POLYSTYRENE INSULATION FOR ALL STORM SEWER AND WATERMAIN CROSSINGS WHERE VERTICAL OR HORIZONTAL SEPARATION IS LESS THAN 6'. 5. ALL UTILITY WORK WITHIN THE R.O.W. SHALL COMPLY WITH THE CRY OF MEDINA ENGINEERING DESIGN STANDARDS. 6. NOTIFY GOPHER ONE 48 HOURS IN ADVANCE OF ANY UTILITY WORK. 6. NOTIFY UTIUTY LOCATE COMPANY 48 HOURS IN ADVANCE OF ANY UTILITY WORK. 7. PROVIDE TEMPORARY TRAFFIC CONTROL IN COMPLIANCE WITH MNDOT 'TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS -FIELD MANUAL' DATED JANUARY 2004, FOR ANY UTILITY CONSTRUCTOR WITHIN PUBLIC R.O.W. 7. PROVIDE TEMPORARY TRAFFIC CONTROL IN COMPLIANCE WITH _DOT TEMPORARY TRAFFIC CONTROL RULES. 8. CONNECT RWL TO STORM SEWER UNE WRH NNE* CONNECTION. 9. ARRANGE TEL, GAS, AND ELECTRIC SERVICE CONNECTION WIT/ THE RESPECTIVE SERVICE COMPANY. 10. PROPOSED WATER SERVICE SHALL BE INSTALLED WITH MINIMUM 7.5' OF COVER OVER PIPE. 11. ALL SANITARY SEWER ONES SHALL HAVE A MINIMUM COVER OF 6.0'. 12. WATER SERVICE SHALL BE FLEXIBLE TYPE 'K' COPPER AND OF THE SIZE INDICATED ON PLAN. 13. ALL WATERMAIN SHALL BE CL 52 DUCTILEIRONPIPE WRH POLY WRAP AND HAVE A MINIMUM COVER OF 7.5 FEET. ALL NUTS AND BOLTS SHALL BE STAINLESS STEEL 14. SEWER SERVICE SHALL BE 6' PVC, SDR 26, ASTM 3034 USE BENDS & FITTINGS AS REQUIRED. SERVICE SHALL HAVE.A MIN SLOPE OF 1.0X. 15. THRUST BLOCKS SHALL BE PLACED AT FITTINGS. TEES, BENDS, CROSSES, PLUGS, ETC... 16. ALL CURB STOP AND BOX OPERATORS FOR WATER SERVICE SHALL BE MUELLER H-10300 OR H-10304.-CURB BOX FORD EM 2-75-56 OR A.Y. MCDONALD NO. 5615 WITH POD NO. 5669. CURB STOP MUST BE BROUGHT TO FINISHED GRADE PROVIDE r CONCRETE BLOCK BENEATH CURB BOX AND INSTALL 5 FOOT COPPER. TAIL WITH PLUG FOR HYDROSTATIC TESTING. 17. CORPORATION STOP SHALL BE MUELLER H-15000 OR FORD F-600. 18. CONTRACTOR TO MARK ENDS OF UTILITY STUBS WITH A WOOD 4X4 POST (UPON COMPLETION OF EACH PHASE). BLUE FOR WATER AND RED FOR SANITARY. 19. COORDINATE EXACT LOCATION OF PRNATE UTILITIES AT BUILDING UNE WITH ARCHITECT AND/OR CONTRACTOR. 20. CAP ALL EXISTING WATER AND SANITARY SEWER ONES AS PER CITY REQUIREMENTS. UTILITY LEGEND -> -- PROPOSED STORM SEWER ▪ PROPOSED SANITARY SEWER - I - PROPOSED WATERMAIN • PROPOSED CATCH BASIN • PROPOSED SANITARY/STORM MANHOLE 10 PROPOSED GATE VALVE l PROPOSED HYDRANT EXISTING STORM SEWER '-- EXISTING SANITARY SEWER EXISTING WATERMNN EXISTING SANITARY MANHOLE EXISTING STORM MANHOLE/CATCH BASIN EXISTING HYDRANT 2' COPPER DOMESTIC WATER SERVICE (:110 0' 20' 40' acr • SCALE IN FEET NORTH ALLIANT ENGINEERING, INC. 233 PARK AVE. SOUTH, SUITE 300 MNNNEAPOLIS, MN 66416 PHONE (612) 7E411080 FAX (612) 766-3099 E c MEDINA TOWNHOMES 0 ~ 0 CC 4.1 Z Z_ Wi i 2 Q Z o En- 1.1 n M UTILITY PLAN REVISIONS 10-1-07 CRY COMMENTS 10-30-07 CRY COMMENTS 1-11-08 REMOVED SOUTH BLDG. 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SHORT GRASS PRAIRIE AREAS: - BROADCAST SPREADBL SEED MIX U2 (NATIVE SHORT GRASS PRAIRIE) FROM THE GUIDELINES FOR RESTORING & MANAGING WETLAND VEGETATION - JACOBSON-Mn/DOT/BWSR. SEEDING RATE TO BE 18.75 LBS/ACRE (PURE LIVE SEED). RECOMMENDED SEEDING RATE HAS BEEN MULTIPLIED BY 1.25 TO ENSURE MORE COMPLETE SEEDING COVERAGE. MULCH SEEDED AREAS WITH Mn/DOT TYPE 3 (MCIA CERTIFIED WEED FREE) MULCH AT A RATE OF 2 TONS PER ACRE WITHIN 48 HOURS OF SEEDING. MULCH SHOULD THEN BE DISC ANCHORED TO KEEP IT FROM BLOWING AWAY. WETLAND BUFFER AND RAIN GARDEN AREAS' - BROADCAST SPREADM SEED MIX W3 (NATIVE WET PRAIRIE) FROM THE GUIDELNES FOR RESTORING & MANAGING WETLAND VEGETATION- JACOBSON-Ann/DOT/BWSR. SEEDING RATE TO BE 12.5 LBS/ACRE (PURE LIVE SEED).- RECOMMENDED SEEDING RATE HAS BEEN MULTIPLIED BY 1.25 TO ENSURE MORE COMPLETE SEEDING COVERAGE. MULCH SEEDED AREAS WITH Mn/DOT TYPE 3 (MCIA CERTIFIED WEED FREE) MULCH AT A RATE OF 2 TONS PER ACRE WITHIN 48 HOURS OF SEEDING. MULCH SHOULD THEN BE DISC ANCHORED TO KEEP IT FROM BLOWING AWAY. SEEDING SHALL BE APPLIED FROM APRIL 15 - JULY 20 OR SEPTEMBER 20 - FREEZE UP LANDSCAPE PLAN l `S00/SEED LIMITS ALL NATIVE SEEDS USED ON THIS PROJECT SHALL BE CERTIFIED TO BE OF MINNESOTA ORIGIN BY THE MINNESOTA CROP IMPROVEMENT ASSOCIATION (MCIA). STTE TO BE PREPARED BY LOOSENING TOPSOIL TO A MINIMUM DEPTH OF 3 INCHES. THE SITE TO BE HARROWED OR RAKED FOLLOWING SEEDING, AND THEN PACKED USING A CULTI -PACKER OR EQUIVALENT. MAINTAIN SEEDED AREAS BY WATERING, REMULCHING AND REPLANTING AS NECESSARY TO ESTABUSH A UNIFORMLY DENSE STAND OF THE SPECIFIED GRASSES UNTIL ACCEPTED. ANY AREAS FAILING TO ESTABLISH A STAND SHALL BE RESEEDED, REFERTIUZED AND REMULCHED WHENEVER 70% VEGETATIVE COVER IS NOT ACHIEVED. RESEEDING SHALL CONFORM IN ALL RESPECTS TO THESE SPECIFICATIONS. THE CONTRACTOR SHALL REPAIR ANY DAMAGE TO THE WORK AREAS REUSLTING FROM EROSION AND/OR EQUIPMENT. THE CONTRACTOR SHALL REPAIR DAMAGE, INCLUDING REGRADING, RESEEDING, ETC. AS NECESSARY, BEFORE SEGNIFICANT DAMAGE OCCURS. SHORT PRAIRIE MIX yy ...1 cor:re. N SEED DUV CAMS Ue SMANO RaA IIRES AT IRO PNSHO MACH IIYmOROLDED 0a MULCH ROOIWL MOR1 P ROmP41 TREE PLANTING DETAIL NOTE: TREE SOKINO OPTION, PRUNE DEN) ONO BROKEN BRING. Te' rar amiP a La. I-1 amE ONE NO PER RRE MIME MOP PROM TOP TO SOO P ROOIBNL WOKE EDGE Y-DTCH MONO ALL TREES PI SODOED AREAS 2y230.4. ROOD STAKE AT NI NOT 10 SCALE PLANTING NOTES: INSTALL 4' MIN. BUCK DIRT TO ALL SOD, SEED AND SHRUB AREAS. FINE GRADE ALL SOD AREAS. INSTALL 12' PLANTING SOIL TO FOUNDATION PERENNIALS AREAS. STAKE OR MARK ALL PLANT MATERIAL LOCATIONS PRIOR TO INSTALLATION. HAVE OWNERS REPRESENTATNE APPROVE ALL STAKING PRIOR TO INSTALLATION. ALL SHRUB AREAS UNLESS SPECIFIED AS OTHER, TO BE BED MULCHED WITH 4" DEPTH OF GOLDEN COLORED SHREDDED HARDWOOD MULCH OVER WEED BARRIER. POLY -EDGER TO BE VALLEY VIEW BLACK DIAMOND OR APPROVED EQUAL. INSTALL 4-6' DEPTH SHREDDED HARDWOOD MULCH AROUND ROOT SAUCER OF ALL TREES ISOLATED FROM PLANT BEDS. PLANT SOIL SHALL CONSIST OF 50% SELECT LOAMY TOPSOIL, 25% PEAT MOSS, 25X PIT RUN SAND. COMPLETELY GUARANTEE ALL WORK FOR A PERIOD OF ONE YEAR BEGINNING AT THE DATE OF ACCEPTANCE MAKE ALL REPLACEMENTS PROMPTLY (AS PER DIRECTION OF OWNER). ALL MATERIAL SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN. ALL TREE TRUNKS SHALL BE WRAPPED WITH BROWN CREPE TREE WRAP. APPLY WRAP IN NOVEMBER AND REMOVE IN APRIL CALL GOPHER STATE ONE CALL AT 651-454-0002 FOR LOCATING ALL UNDERGROUND UTILITIES AND AVOID DAMAGE TO UTILITIES DURING THE COURSE OF THE WORK. MAINTAIN ALL PLANT MATERIALS, INCLUDING WATERING, UNTIL THE TIME OF ACCEPTANCE. COORDINATE INSTALLATION WITH GENERAL CONTRACTOR. STAKING AND GUYING OF TREES OPTIONAL: MAINTAIN PLUMBNESS OF TREES FOR DURATION OF WARRANTY PERIOD. SWEEP AND WASH ALL PAVED SURFACES AND REMOVE ALL DEBRIS RESULTING FROM LANDSCAPE OPERATIONS. SUPPLY DESIGN AND INSTALLATION OF AN IRRIGATION PLAN WITH 1005 COVERAGE FOR SOD AND SHRUB AREAS. SOD AND SHRUB AREAS TO BE ON SEPARATE ZONES. USE RAINBIRD OR APPROVED EQUAL COORDINATE WITH C.C. LANDSCAPE SCHEDULE QTY. KFY COMM. E/ BOTANICAL NAME a> SIZE RFNARKS 2 FG 2.5'. B&B FALLGOID ASH Emir,. Myra Tallgoid' M0 ➢BMAW:C[61 1=6 1 SB SERVICEBERRY, CLUMP 6' B&B awe wr A x grandHlora Autumn Brilliance' CGNIFERDLIS TREES 1 BS BLACK HILLS SPRUCE Picea glauca deflect, SEEMS 6' B&B M° R�'a' 5 AH ANNABELLE HYDRANGEA Hydrangea arboreecene 'Annabelle' 24" M. CONT. p„p JMP 6 CA COACT AMERICAN CRANBERRY num triloburn 'Bailey Compact. 24" HT. CONT. � GR 2 DW FIRE BALL WINGED EUONYMUS 24" M. I:OM. tro we Euonymue al.. 'Select' 11 ID IS.ANTI DOGWOOD Corn. eerkea '1e2210' 24" M. CONT. lg90. 9p 4 LP UME PRINCES SPIREA Spina. Japonica Little Prin.** 16- HT.. CONT. raw 3 TA TECHNY ARBORVITAE 4' HT. B&B w yr. vex Thula occidental* Techny' 6 TY TAUNTON YEW 24" OW CONT. NN s Tan* x media 'Taunton' 'o LW � PFRFIINW 5 5 CB CORAL BELLS I GAR_, CONT. Newham 'Crimson Cur* 23 HR HAPPY MUMS DAYULY Hamann.* 'Happy Re*rtd I GAL. CONT. 9 KF FEATER REED GRASS 1 GAL. CONT. C. x acWRlora 'Karl Foereter. PRIME OM AM WREN WICKES MULCH PUNMIO SOL DAN NER MOUNT SHRUB PLANTING DETAIL ROT TO SOME 0' 20' 40' 00' BCALE IN FEET NORTH ALLIANT ENGINEERING, INC. 233 PARR AVE. SOUTH, BUTTE 300 MINNEAPOLIS, MN 66415 PHONE (612) 758-8080 FAX (612) 758.9099 La' 8 MEDINA TOWNHOMES a oW Z J ? W Dt SZ Z 10 W n M LANDSCAPE PLAN REVISIONS 10-1-07 CITY COMMENTS 10-30-07 CITY COMMENTS 1-11-06 REMOVED SOUTH BLDG. DESIGNED BY DRAWN BY CHECKED BY DATE ISSUED SCALE JOB NO. MK MK MK 7-11-07 1'=20' 207-0039.0 L-1 SHEET 7 Of 11 SNVId 1N3Wd013A ,L1 N9153CI SlINVASN L0-£1-01 E R°IEI RO III --C-'-' 1. - � 6 SRO gonts FRONT ELEVATION r 0 080c-88z 1e9u uaenvts ee01:1 91,1,99 Nw `LLOONAid 88191, X08 'O'd 3-n 'u.vsom uaenvls 1No SNOIIVA313 HOIa31X3 NW ` oweH sewoyuMol 90/ L'LVI 3 133NS 3245 .A13 NMV80 ON 13S O11480530 rN 103rONd Noliona1SNOO aOA lON - 1N3WdO13A3a NOIS34 0 0 n —u z O I— Q W J W I- LL w W a J 0 REAR ELEVATION RIGHT ELEVATION 9CdLE$ 1/8" I'-0 0 FOOTING AND. FOUNDATION NOTES I MODIFY FOOTING STEP LOCATIONS AS REQUIRED. MAINTAIN MINIMUM 42".BOTTOM OF FOOTING DEPTH BELOW GRADE FOR FROST PROTECTION. 2 ALL FOOTINGS TO BE CAST ON SOUND UNDISTURBED SOIL. 3. FOOTING CONCRETE TO BE MINIMUM 3000 PSI. 9 4. IF AN ADJUSTMENT IN WALL HEIGHT 15 MADE, THE v CONTRACTOR SHALL BE RESPONSIBLE TO MODIFY STAIR RISERS AND ALL OTHER SECTIONS, DETAILS AND PLANS TO ACCOMODATE THE CHANGE AND MAINTAIN CODE COMPLIANCE. 5. POURED WALL CONTRACTOR TO REINFORCE WALLS AS REQUIRED.' 6. SILL PLATE ANCHOR BOLTS REQUIRED AS PER LOCAL BUILDING CODES. T. ALL WOOD FRAMING MEMBERS IN CONTACT WITH CONCRETE SHALL BE TREATED. 6'-0" 16'-0" 21'-0" 16'-0" V-0" 1 J 1 1 _� 3'4,"I 1 1 0 1 STORAGE _ a a �` 1 O 1 I 6' I I3'-6 1 13 13' i I I__- I I a I a a r I UP STORAGE a 1 1 I 10 STORAGE- 1 UP iIl''4CN41\1ICAL 1 I 9`-3' - 4'-4 I/2" _ 10-4 IR 3-41Q' Kr 10'-4 I/21' - 4'-4 I/2" 9'-3" i o rn �( HANICAL - MUD a :. ROOM I I 1 =1 1 ( 1-. _ - MUD Ia MUD OM MECNAN1 AIL. 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Ild" . I'-m" 1,04a SP GROSS L _ _ C a • • a a N s DESIGN DEVELOPMENT - NOT FOR CONSTRUCTION 0 a 0 0 A 0 w - �%1 O W J f O nb o; la a; § m 0• =m ,m �dd0 705 Townhomes 4 ir Agenda Item: 9 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: February 5, 2008 MEETING: February 12, 2008 Planning Commission SUBJ: Sign Ordinance Amendment: Electronic and Off -Premise signage; 4-sided building signage Background On February 26, 2007, the City Council adopted Ordinance 421, establishing a moratorium on "the installation, erection, or construction of any new sign or the alteration, modification or replacement of any existing sign, so that the new or existing sign (as altered or modified) uses static or changing electronic, digital, or video display or flashing, motion, animated, or changeable copy," and "the installation, erection or construction of any off -premises sign." This arose largely from the television -type billboards being proposed around the metro area, and many cities adopted a similar moratorium. The attached memo from City legal staff summarizes the moratorium, research which was conducted, and the proposed changes on this matter. In addition to the changes regarding the moratorium, members of the City Council recently expressed the wish to add language to the ordinance which would allow additional signage in situations where a building is fronted by two streets and the City wishes for a "4-sided architecture" look. Signage for Buildings with Four-sided Architecture The attached ordinance grants an additions 25% allowed signage to buildings which use 4-sided architecture and are fronted by two streets. The intention is not to allow additional signage for corner lots, but for situations where a building has two fronts. Examples of this include the multi - tenant structure at 212 Clydesdale Trail (which includes Jimmy's Pizza, Varsity Sports and is located east of the Target building) and the recently approved development at Sioux Drive and Highway 55 (the United Properties' Hamel Station project). In both of these situations, a road runs adjacent to the `rear' of the buildings and customers access the building on the opposite side. In these situations, the City sought attractive favades facing the street so that it doesn't look like the "back of a strip -mall." Signage can help reduce the impression and feel of the "back of the building." Allowing additional signage for this 4-sided architecture prevents the building from having to substitute some of its allowed signage onto the back of the structure. Staff included the additional signage within the Urban Commercial zoning district. This district is the most likely to include structures which would have double -fronts. Similar language could be added to other districts, if the Commission recommended. It is almost certain that large portions of the sign ordinance will need to be updated as the City updates its official controls over the next few months in order to implement the Comp Plan. This issue will be addressed at that time as well, but since the ordinance is being discussed as a result of the moratorium, Councilmembers wished to add this provision as well. Staff Recommendations Staff recommends approval of the ordinance. Staff urges the Commission to make a recommendation at least regarding the electronic/off-premise portions of the ordinance at this time so that the City Council will be able to act on the ordinance before the end of the moratorium. If there is no consensus on the issue of additional signage for buildings designed with 4-sided architecture or any other issues, staff recommends these be flushed out more after the electronic/off- premise matters are addressed. If the Planning Commission has any other feedback on the other aspects of the ordinance, staff would add these to recommendations to the mix when the zoning ordinances are considered more broadly later in the year. Attachment 1. Letter from City Attorney summarizing moratorium/research regarding electronic signage 2. Ordinance 2 raven CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://wwwen.com MEMORANDUM To: Members of the Planning Commission From: Ron Batty, city attorney Sarah Sonsalla, assistant city attorney Re: Sign ordinance amendment Date: February 11, 2008 On February 20, 2007, in response to press releases from representatives of the billboard industry indicating their intention to deploy digital billboard networks in the Twin Cities metropolitan area and the litigation between the city of Minnetonka and Clear Channel involving a billboard with a LED "dynamic display," the city council adopted a moratorium so that it could further study these types of signs and their effects on public safety. Subsequently, the city of Minnetonka and the League of Minnesota Cities commissioned a study on these types of signs. This study was completed and shared among the cities. We have prepared an amendment to the city's sign ordinance that reflects the results of this study. The city's moratorium also applied to off -premises signs. The city's sign ordinance allows off -premises signs and the city was interested in prohibiting them, but was uncertain as to whether this type of prohibition would be constitutional. Upon consultation with the League of Minnesota Cities and additional research, it is our opinion that the city may prohibit off -premises signs. The sign ordinance has been amended so that off -premises signs are no longer permitted. Finally, a provision was added to the sign ordinance on non-commercial speech signs. This provision allows an owner of a permitted sign to substitute a non-commercial message instead of a commercial message. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, which could lead to a constitutional challenge to the city's sign ordinance. CITY OF MEDINA ORDINANCE NO. An Ordinance Pertaining to Signs Amending Sections 815.03, 815.05, 815.09, 815.11, 815.13, 815.15, 815.17, 815.19, 815.21, 815.23 and 815.31 The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 815.03 is amended by deleting the stricken material and adding the underlined material as follows: 815.03. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: Subd. 1. "Abandoned Sign" is a sign located on a property which is vacant armor unoccupied for a period of ninety (90) days; or a sign which is damaged, in disrepair, or vandalized and not repaired within ninety (90) days. Subd. 2. "Address Sign" is a sign which indicates the address, number and/or the name of occupants of the premises. An Address Sign shall not exceed two (2) square feet in area per side for a residential single family property, eight (8) square feet for a multi- family dwelling building and twelve (12) square feet for a commercial unit building, and shall not include any other messages. Subd. 3. `Billboard" is any structure or portion thereof on which lettered, figured, or pictorial matter is displayed that has an area of one hundred (100) square feet or more. Subd. 4. "Directional Sign" is a sign which is erected for the purpose of guiding vehicles and pedestrian traffic in finding locations on the property where the sign is located. The Directional Sign shall be less than four (4) square feet in surface area, consist of only two surfaces and contain no illumination or additional messages. Sad. 5. "Dynamic Display" is any characteristic of a Sign that appears to have movement or that a ears t Chan a caused b an method Oiler th. n physically removing and replacing the ign or its component, whether thea aren ovement or cage is in the display. the Sign structure itself or any ether c mponent of the Sign This includes a display that incornorgyates a technoloor method allowin the Si n face to change the image without having to ph sicall or mechanicall realase the Si n face or its components. This also includes any rotating, revolving moving, flashing blinking or animated display or structural element and any display that incorporates rotating panels. LED lights mani.ulated through digital in.ut. "digital ink" or any other method of technology that allows the Sign face to present a series of images or display i Subd. 5. "Flashing Sign" is an illuminated sign on which such illumination is not kept stationary or constant in intensity. Subd. 6. "Historic Sign" is a sign that memorializes an important historic place, event or person and that is recognized by a governmental entity. Subd. 7. "Illuminated Sign" is a sign which is illuminated by an artificial light source. Subd. 8. "Incidental Sign" is a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) and that does not exceed two (2) square feet. Subd. 9. "Monument Sign" is a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials. Subd. 10. "Off -premises Sign" is a commercial speech sign which directs the attention of the public to a business that is not on the same premises where such business sign is located. Subd. 11. "Portable Sign" is a sign so designed as to be movable from one location to another and which is not permanently attached to the ground or any structure, including those on wheels. Portable Signs shall not include any flashing lights. Subd. 12. "Projecting Sign" is a sign in which all or any part of it extends perpendicular to and projects from a building face, wall or structure and which its primary purpose is other than the support of the sign. Subd. 13. "Pylon Sign" is a sign erected on a post or posts, or freestanding shafts, walls or piers which is solidly affixed to the ground and is not attached to a building. Subd. 14. "Roof Sign" is a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure. Subd. 15. "Sign" is any letter, word, symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed which is displayed outdoors for informational or communicative purposes. Subd. 16. "Sign Area" is that area within the marginal lines of the sign surface which bears the announcement, name, advertisement or other message, or, in the case of letters, figures, or symbols attached directly to any part of a building or wall, that area which is included in the smallest rectangle which can be made to circumscribe all letters, 2 the figures, or symbols displayed thereon. The maximum Sign Area for a free standing sign refers to a single surface. Subd. 17. "Temporary Sign" is a sign which is erected or displayed for a limited period of time, is not illuminated and not of a permanent nature, including banners, inflatable devices or sandwich boards. Subd. 18. "Vehicle Sign" is any sign that is attached, painted on or placed onto or inside a parked vehicle that is used primarily for any purpose other than the sale or rental of the vehicle itself. Vehicle Signs shall not include signs on trailers, buses, trucks, taxis or other vehicles parked on the vehicle owner's own premise while in the course of business provided that the primary use of the vehicle is not for purposes outside of the premise's business. Subd. 19. "Wall Sign" is a sign affixed to the exterior wall, awning or canopy of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than twelve (12) inches from the surface to which it is attached. Subd. 20.. "Window Sign" is a sign that is affixed to and not painted on the interior or exterior of a window or glass door or inside a building within three (3) feet back from the building's window or glass door with its message intended to be visible to and readable by the public. Subd. 21. "Zoning Administrator" is the officer or other person at the city charged with the administration and enforcement of this ordinance, or his or her duly authorized deputy. SECTION II: Medina Code Section 815.05 is amended by deleting the stricken material and adding the underlined material as follows: 815.05. Sign Permit Required; Exceptions; Sign Prohibitions. Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any Sign as defined in this ordinance in the city without first obtaining a permit therefore as required by this ordinance, except as provided in subdivision 2 of this Section. Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs, provided that all other applicable requirements of this ordinance are met: (a) One Sign smaller than five square feet in area (excluding temporary signs) may be posted on any parcel of land; (b) Signs posted by authorized government officials on public land or right- of-way; 3 (c) Signs within a business, office, mall or other enclosed area that cannot be seen from the outside; (d) Up to two Address Signs per property; (e) Incidental Signs; (0 Flags. No flag on a flagpole shall exceed forty (40) square feet in area. No single property shall fly more than three (3) flags at one time. Flagpoles shall not exceed forty (40) feet in height. If the total area of the flags exceeds seventy two (72) square feet, the excess area shall be included in any Sign Area calculations for the property. Wall -mounted flags shall be limited to one flag per property and shall not exceed twenty (20) square feet in area; and (g) Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. Handicapped parking Signs. (a) Abandoned Signs; (b) Billboards; (e) Flashing Signs; (4) Motion Signs; f e)(c) Roof Signs; (d) Off -premises Signs; (0(e) Vehicle Signs; and (Oa) Signs posted within the public right-of-ways and public property, excluding Directional Signs and Signs expressly allowed herein and by other governmental agencies. SECTION III: Medina Code Section 815.09 is amended by deleting the stricken material and adding the underlined material as follows: 4 Section 815.09. Residential District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Residential Districts. A Sign permit is required for each Sign. No Sign in a Residential District shall exceed six (6) feet in height. If illuminated, the Sign shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Permitted Signs. The following additional types of Signs are permitted in Residential Districts: (a) Directional Signs. One (1) Directional Sign is permitted for each property; (b) Monument Signs. Monument Signs are permitted at the entrance of a residential subdivision but shall be no greater than thirty (30) square feet and be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. The Monument Sign shall be set back at least ten (10) feet from the curb or right-of-way. If illuminated, the Monument a„ rr � y ..vc=o=` 829 of tho city's ordinances; If the Monument Sign includes a Dynamic Disp a it shall meet the applicable Dynamic Display reauirements as set forth in Section 815.21 of the city's ordinances; and (c) Home Occupation Signs. Home occupation Signs shall be approved by the city council in conjunction with a conditional use permit for the home occupation. The home occupation Sign shall be no greater than eight (8) square feet, have only one (1) side, be set back at least ten (10) feet from the right-of-way. The home occupation Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the home occupation Sign base. SECTION IV: Medina Code Section 815.11 is amended by adding the underlined material as follows: Section 815.11. Urban and Rural Commercial District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Urban and Rural Commercial Districts. A Sign permit is required for each Sign. All Signs in Urban and Rural Commercial Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. 5 Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial District Property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area < 1 Acre 100 Square Feet 1.1 — 5 Acres 150 Square Feet 5.1 — 20 Acres 200 Square Feet The maximum total sien area may be increased by 25 percent in the case of buildings which are constructed with four-sided architecture, have exposure to traffic on opposite sides or provide customer access from opposite sides. Buildings on m ical corner lots or which admit customers on two adjacent sides do not qualify for additional signage absent additional unique site characteristics. Four-sided architecture means architecture of the qualienerally associated with the front facade being used on all sides of a building u ion submission of a master Additional si . a e under this rovision is allowable onl gnome plan for the site and approval by the city. Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Urban and Rural Commercial Districts: (a) Directional Signs. Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. Two (2) Directional Signs are permitted for each property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way; (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines. If the Monument Sign includes a Dynamic Display. it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; (c) Multi -Tenant Wall Signs. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the 6 square feet specified above, whichever is less. The Sign shall be centered on the wall; (d) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) inches away from the surface of a building face, wall or surface. All Projecting Sign surfaces shall count toward the total Sign Area allowed by this Section. No Projecting Signs shall exceed three (3) feet in height; (e) Pylon Signs. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Pylon Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines. If the Pylon Si n includes a Dynamic Displ. , it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; (0 (g) One (1) Pylon Sign is permitted for each gasoline service station, provided that said Sign does not exceed thirty (30) feet in height, is no more than sixty-four (64) square feet in Sign Area and maintains a minimum setback of ten (10) feet from any public right-of-way. Said gasoline service station Pylon Sign shall be allowed in addition to all other permitted Signs. As an alternative, the gasoline service station may have up to three (3) Signs totaling eighty (80) square feet of Sign Area if one surface is used and one hundred and sixty (160) square feet if two surfaces are used, provided that all such Signs are attached to the same post or other structure, provided however, that such Signs shall not be internally illuminated, shall not exceed six (6) square feet in Sign Area per surface and may be placed at a zero (0) foot setback; Wall Signs. No Wall Sign shall exceed sixty four (64) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached; and Window Signs. Window Signs shall be limited to one per property or establishment. All Window Signs shall not exceed fifty (50) percent of the window on which it is placed. SECTION V: Medina Code Section 815.13 is amended by adding the underlined material as follows: Section 815.13. Business Park District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Business Park Districts. A Sign permit is required for each Sign. All Signs in Business Park Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 832 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on a Business Park District property may consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area 5.1 — 10 Acres 175 Square Feet 10.1 — 15 Acres 250 Square Feet > 15.1 Acres 275 Square Feet Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Business Park District: (a) Directional Signs. Directional Signs shall be only permitted for properties that utilize a shared private driveway or private road. Three (3) Directional Signs are permitted for each property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way; (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five feet from the side lot lines If the Monument Sign includes a Dynamic Display, it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; 8 (c) Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The Sign shall be centered on the wall; (e) Pylon Sign. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Pylon Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five (25) feet from the side lot lines. If the Pylon Sign includes a Dynamic Displa it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; One (1) Pylon Sign is permitted for each gasoline service station, provided that said Sign does not exceed thirty (30) feet in height, is no more than sixty-four (64) square feet in Sign Area and maintains a minimum setback of ten (10) feet from any public right-of-way. Said gasoline service station Pylon Sign shall be allowed in addition to all other permitted Signs. As an alternative, the gasoline service station may have up to three (3) Signs totaling eighty (80) square feet of Sign Area if one surface is used and one hundred and sixty (160) square feet if two surfaces are used, provided that all such Signs are attached to the same post or other structure, provided however, that such Signs shall not be internally illuminated, shall not exceed six (6) square feet in Sign Area per surface and may be placed at a zero (0) foot setback; and (f) Wall Signs. No Wall Sign shall exceed one hundred (100) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached. SECTION VI: Medina Code Section 815.15 is amended by adding the underlined material as follows: Section 815.15. Industrial Park District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Industrial Park Districts. A Sign permit is required for each Sign. All Signs in the Industrial Park District shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, 9 color, and placement and the requirements set forth in Section 833 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Industrial Park District property may consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area 5.1 — 10 Acres 175 Square Feet 10.1 — 15 Acres 250 Square Feet > 15.1 Acres 275 Square Feet Subd. 3. The following additional types of Signs are permitted in Industrial Park Districts: (a) Directional Signs. Directional Signs shall only be permitted for properties that have loading and staging areas or that utilize a shared private driveway or private road. Three (3) Directional Signs are permitted for each Property. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way; (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five feet from the side lot lines. If the Monument Sign includes a Dynamic Display, it shall meet the applicable Dynamic Displa requirements as set forth in Section 815.21 of the city's ordinances; (c) Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The sign shall be centered on the wall; and 10 (f) Wall Sign. No Wall Sign shall exceed one hundred (100) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached. SECTION VII: Medina Code Section 815.17 is amended by adding the underlined material as follows: Section 815.17. Uptown Hamel District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following signs are permitted in the Uptown Hamel District. A Sign permit is required for each Sign. All Signs in the Uptown Hamel District shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 834 of the city's ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on an Uptown Hamel District Property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Maximum Size of Sign Face (Sq. Feet) Lot Size (acres) Maximum Total Sign Area Allowed (Sq. Feet) Ground Sign (Max. Height 10 Ft.) Wall Signs Historic Sign Maximum Size for Real Estate signs (Sq. Feet) Porch Sign < .1 100 32 64 5 32 2 .11 to .5 100 32 80 .51 to 1 100 32 90 > 1 100 40 100 Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Uptown Hamel District: (a) Porch Signs. No more than one (1) porch Sign shall be permitted for each property. Porch signs shall include signs within or on overhangs, canopies or arcades. All porch Signs larger than two (2) square feet in Sign Area shall be located on the outside portion of the porch; (b) Monument Signs. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. If the Monument Sign includes a Dynamic Display, it shall meet the applicable D n mic Display requirements as set forth in Section 815 21 of the citv's ordinances; 11 (c) Wall Signs. No Wall Sign shall be greater than ten (10) percent of the area of the wall on which it is located. A Wall Sign shall be centered on the wall to which it is attached; (d) Multi -Tenant Wall Sign. A Multi -Tenant Wall Sign shall not be greater than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The Sign shall be centered on the wall; (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five (5) square feet in Sign Area; (0 Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) inches back from the surface of a building face, wall or surface. If the Projecting Sign extends more than six (6) inches back from the building face, wall or surface, the Sign shall provide a height clearance underneath it of at least seven and one-half (7.5) feet. No Projecting Sign shall exceed three (3) feet in height; and (g) Window Signs. Window Signs shall only be permitted for special occasions and shall be subject to the same restrictions as Temporary Signs. SECTION VIII: Medina Code Section 815.19 is amended by adding the underlined material as follows: Section 815.19. Public -Semi Public District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Public -Semi Public Districts. A Sign permit is required for each Sign. All Signs in Public -Semi Public Districts shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Signs on a Public -Semi Public District property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area < 1 Acre 50 Square Feet 1.1 — 5 Acres 75 Square Feet 5.1 — 20 Acres 100 Square Feet 12 Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Public -Semi Public Districts: (a) Monument Signs. A Monument Sign shall not consist of more than fifty (50) square feet of Sign Area. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Monument Sign may be set back only ten (10) feet from the front lot line of the property if it is located at least twenty-five feet from the side lot lines. If the Monument Sign includes a Dynamic Display, it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; (b) Wall Sign. No wall sign shall exceed thirty-two (32) square feet in total Sign Area. The sign shall be centered on the wall to which it is attached. SECTION IX: Medina Code Section 815.21 is amended by deleting the stfisl£en material and adding the underlined material as follows: Section 815.21. General Sign Location, Design and Construction Requirements. Subd. 1. General Requirements. All Signs shall conform to the requirements of this Section whether or not a Sign permit is required. All Signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All Signs shall be properly secured, supported and braced and shall be kept in good repair so that public safety and traffic safety are not compromised. Subd. 2. Maintenance. The area on the property around the Sign on which it is erected shall be properly maintained and clear of brush, long grass, weeds, debris, rubbish and other obstacles. All burned -out light bulbs or damaged panels on a Sign shall be immediately replaced. Subd. 3. Sign Copy. All Sign copy shall be fastened securely to the Sign face and maintained on a regular basis. Any missing Sign copy shall be replaced immediately. Any Sign copy that is outdated must be removed within thirty (30) days. Subd. 4. Location. No Sign shall be located so as to obscure any existing Sign. No sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement. No Sign shall be attached or placed 13 upon any building in such a manner as to obstruct any window or door or fire escape or be attached to any fire escape. The minimum clearance of any Sign from unprotected electrical conductors shall be not less than thirty-six (36) inches for conductors carrying not over six hundred (600) volts and forty-eight (48) inches for conductors carrying more than six hundred (600) volts. Subd. 5. Font Size. Every line of copy and graphics on a Sign visible from a road must be at least seven (7) inches in height if the road has a speed limit of 25 to 34 miles per hour nine (91 inches if the road has a speed limit of 35 to 44 miles per hour twelve (12Zinches if the road has a speed limit of 45 to 54 miles per hour, and fifteen (15) inches if the road has a speed limit of 55 miles per hour or more. Subd. 5 6. Interference with Traffic. A Sign shall not be located within fifty (50) feet of any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be located closer than fifty (50) feet if it can be shown that the Sign will not interfere with the ability of drivers and pedestrians to see the traffic sign or signal, intersection, driveway or crosswalk, and the Sign will not distract drivers nor cause any interference with such traffic sign or signal. Subd. 6 7. Illumination. Illuminated signs shall be subject to the electrical requirements of the electrical code of the State of Minnesota. Illuminated signs shall also be subject to the requirements of Section 829 of the city's ordinances. Subd. 8. Dynamic Displ• s D amic Displays on Signs are allowed subject to the following conditions: (a) Dynamic Displays are allowed only on Monument and Pylon Si ns for non-residential uses in the residential districts and for all uses in other districts. Dynamic Disnla s ma occupy no more than thirty-five (35) percent of the actual copy and graphic area of the Sign. The remainder of the Sign must not have the capability to have a Dynamic Disnla even if it is not bein used. Onl one 1 conti uous D namic Dis la area is allowed on a Sign face, (b) A Dynamic Disnla must not change or move more often than once every five (5) minutes, except for changes that are necessary to correct hour and minute date time or temperature information. Timedate or temperature information is considered to be one (1) Dynamic Display and may not be included as component of any other Dynamic Display. A display of time. date or temperature must remain for at least five 5 minutes before changing to a different displace but the time, date or temperature information itself may change no more often than once every three seconds; 14 (c) The images and messages displayed on a Dynamic Display must be static, and the transition from one static display to another must be instantaneous and without any special effects; (d) The images and messages displayed on a Dynamic Display must be complete in themselves. without continuation in content to the next image or message or to any other Sign; %1 Every line of copy and graphics in a Dynamic Display must meet the font size requirements of subdivision 5 above. If there is insufficient room for copy and graphics meetin these re @ uirements then no D_ namic Dis la_ is permitted; (f) Dynamic Displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the Si • n owner must immediately stop the Dynamic Display when notified by the city that it is not complying with the standards of this ordinance; (g) Dynamic Displays must comply with the brightness standards contained in this ordinance; and (h) Dynamic Displays existing on the effective date of this ordinance must comply with the operational standards listed above An existingslvnamic display that does not meet the structural requirements as stated in subdivision 8(a) above may continue as a Non -Conforming Sign subject to Section 815.29. An existing Dynamic Display that cannot meet minimum font size requirements as stated in subdivision 5 above must use he largest size possible for one line of copy to fit in the available space. Subd. 9. Brightness Standards. (a) All Signs that include Dynamic Displays must meet the applicable luminary reauirements set forth in Section 82 of the citv's ordinances. The person owning or controlling the Sign must adjust the Sign to meet the brightness standards in accord ce with the citv's instructions The adiustment must be made immediately upon notice of non-com Hance from the city. The person owning or controlling the Si n may appeal the citv's determination through the appeal procedure as set forth in Section 815.27 of this code. (c) All Signs installed after the effective date of this ordinance that will have illumination b a means other than natural li • ht must be e • i d with a mechanism that automatically adjusts the brightness in response to 15 ambient conditions. These Signs must also be equipped with a means to immediately turn off the display or liEhtina if it malfunctionsand the Sign owner or operator must immediately turn off the Sign or lighting when notified by the city that it is not complying with the standards of this section. Subd. 10. Temporary Signs. Temporary Signs shall be designed so that they are not readily overturned. Temporary Signs shall not be hung or installed so as to cover, either partially or completely, any door, window or opening required for ventilation. (a) Banners shall be strongly constructed and be securely attached to their supports. They shall be repaired or removed as soon as they are damaged or torn. (b) Changeable copy Signs shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trail. Such Signs may be illuminated provided said illumination is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused with an emergency vehicle shall be prohibited. (c) Inflatable Devices shall be securely tethered and attached to the ground or building. No Mylar or metallic balloons shall be permitted to be displayed or flown outside. Subd. 11. Non -Commercial Speech Signs. The owner of any Sign which is otherwise allowed by this ordinance may substitute non-commercial co.v in lieu of an other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting by the city. The purpose of this provision is to s revent an inadvertent favoring of commercial s eech over non-commercial speech, or favorin . of an • articular non-commercial messa ! e over an other non- commercial message. This provision prevails over any other more specific provision to the contrary. SECTION X: Medina Code Section 815.23 is amended by deleting the Gtricken material and adding the underlined material as follows: Section 815.23. Sign Permit Applications. The owner or occupant of the property on which a Sign is to be erected, or the owner or installer of such Sign, shall file an application with the city Zoning Administrator for a Sign permit. Sign permits must be acquired for all new, relocated, modified, or redesigned Signs except those specifically excepted in this ordinance. Subd. 1. Required Information. An application for a Sign permit shall include the following information: 16 (a) The name, address and telephone number of the applicant; (b) The legal description and address of the property to which the Sign is to be placed; (c) A site plan complete with the description of the Sign, a scaled drawing showing the Sign's size, location, manner of construction, landscaping, color, construction materials and lighting details; (d) A blueprint or ink drawing of the plans and specifications and the method of construction and attachment of the Sign; (e) A certified survey with the existing and proposed grading of the site location for which the Sign will be placed if the Sign construction will disturb more than fifty (50) cubic yards of earth. The certified survey shall show the existing and proposed site elevations in two (2) foot contours, drainage patterns and silt fence location for erosion control for the proposed site; (f) The name of the person or entity erecting the Sign, if not the applicant, or the name of the person on whose property the Sign is to be located, if not the applicant; (g) The written consent of the owner of the property, if not the applicant; (h) A statement as to whether the Sign will be illuminated or not; (i) A statement as to whether any electric lights on the Sign will be flashing or not the Sign will contain any type of Dynamic Dis la ; 6) A statement as to whether the Sign will be single faced, double-faced or multi -faced; and (k) Such other information as shall be required by the Building Inspector and/or the Zoning Administrator. Subd. 2. Permit Fees. The application for a Sign permit shall be accompanied by the required Sign permit fee and any applicable building permit fee. The Sign permit and building permit fees shall be established by resolution of the city council. Subd. 3. Master Signage Plan. A master signage plan shall be included for any Sign permit applications that involve any residential, mixed -use, commercial, business park and industrial planned unit developments that include multiple structures armor substantial site area armor mixed uses. The master signage plan must address the visibility needs of the entire development area, while remaining consistent with the intent 17 of this ordinance to require high quality signage. The master signage plan shall also include permanent Sign covenants which can be enforced by the city. Subd. 4. Sign Permit Issuance/Denial. Provided that the Sign permit application is complete and approved by the Zoning Administrator, all fees have been paid, and the proposed Sign and the property upon which the Sign is to be placed are within the requirements of the ordinance and all other ordinances, statutes and regulations, the Zoning Administrator shall then issue the Sign permit. In the event that the Zoning Administrator determines that all requirements for approval have not been met, he or she shall promptly notify the applicant of such fact and shall automatically deny the Sign permit. Notice shall be made in writing and sent to the applicant's address listed on the Sign permit application. Subd. 5. Inspection. The Zoning Administrator or Building Inspector shall inspect the property for which a Sign permit is issued on or before six (6) months from the date of issuance of the Sign permit. If the Sign construction is not substantially complete within six (6) months from the date of issuance, the Sign permit shall be revoked. If the construction is substantially complete, but not in full compliance with this ordinance, other ordinances and applicable codes, the Zoning Administrator shall give the applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the Sign permit shall be revoked. Subd. 6. Sign Permit Expiration. A Sign permit shall become null and void if the Sign for which the Sign permit was issued has not been completed and installed within six (6) months after the date of issuance. No refunds shall be made for permit fees paid for Sign permits that expired due to failure to erect a permitted Sign. If later an individual decides to erect a Sign at the same location, a new Sign permit application must be processed and another permit fee shall be paid in accordance with the fee schedule applicable at such time. Subd. 7. Revocation. Should it be determined by the city that a Sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that the Sign permit has been erroneously issued in violation of this ordinance, the Zoning Administrator shall revoke the Sign permit. SECTION XI: Medina Code Section 815.31 is amended by deleting the stricken material and adding the underlined material as follows: Section 815.31 Variances. Upon application by the property owner, the planning commission may recommend and the city council may grant a variances from the requirements of this ordinance in instances where the applicant for a variance has demonstrated that all of the following standards have been met: Subd. 1. Variance Standards. A request for a variance must meet all of the following conditions: 18 (a) Because of the physical surroundings, shape, topography or condition of the property involved, a hardship to the applicant would result if the strict letter of the ordinance was carried out; (b) The conditions upon which the variance is based are unique to the applicant's property and not generally applicable to the other property within the same zoning district; (c) The hardship arises from the requirements of this ordinance and has not been created by persons presently or formerly having any interest in the property; (d) A granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and (e) The variance is not a request to permit a type of Sign which otherwise is prohibited by this ordinance. Subd. 2. Conditions and Restrictions. Upon the granting of a variance, the city council may impose conditions and restrictions consistent with the spirit and intent of this ordinance or any other applicable ordinances. In all instances, the applicant shall be solely responsible for any applicable costs and fees incurred by the city for review of the variance request by the city staff and any consultants. A variance shall be granted or denied by the city council in writing accompanied by specific findings of fact as to the necessity for the granting or denial of the variance and any specific conditions and restrictions. SECTION XII. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2008. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this day of , 2008. 19 Agenda Item: 10 Medina Planning Commission City Council Representation Schedule January — June 2008 Meeting Date Primary Representative Alternate Representative January 15, 2008 Mary Jim (Wed.) February 6, 2008 Mary Charlie February 19, 2008 Charlie March 4, 2008 Charlie Robin March 18, 2008 Robin April 1, 2008 Robin Michele April 15, 2008 Michele Jim May 6, 2008 Michele Jeff May 20, 2008 Jeff June 3, 2008 Jeff Vicki June 17, 2008 Vicki Jim July 1, 2008 Vicki Name Address: Telephone Representing: Agenda Comments: r CITY OF All ""' Comment Card Public Forum 1/4 Agenda Item of Speaker: ?cam t e AerS o" (please 'S.•, i t ' t `Z t,; z„.� "rip y e—er— �� (optional): Item (list number and letter): Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Public Forum CITY Of 11 DIN/ Comment Card Name of Speaker: 8 eh itJet il) Agenda Item (please print) Address: i3605 1 e-t- Ave. /V 5-4+k loo P1r...w ll, Mil/ SSyeO( Telephone (optional): 7(6.3 - Li' 39 - 4/ v2 76 Representing: AirlderSell E41yiviPertK MN/ LLC Agenda Item list number and 1 S g ( letter): / Comments: wekia,k G/ )3 uiperor of 44. 4w Ge__- VV a•ke.r4 1 e & lit vt,, A.VI tS Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes CITY OF 11'DIN/ Comment Card Public Forum 7-- Agenda Item �� Name of Speaker: %)✓% 1. 4-v:/4� y m (p1 ase print)--- -/- ; Address: Z 7 U r Olf �(,f ' /- Telephone (optional): �7 1 `erY % — 0-/1 Representing: of / o /-,7r" Agenda Item (list number and letter): Comments: Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes I CITY OF ED /'\!; Comment Card Name of Speaker: (Ru ( 200 Tivson) Public Forum Agenda Item -4 (please print) Address: /5Z/ CH1'W LANs PE f t�c.iikrNE A4el .57f1/79 Telephone (optional): 63 -39-03 2 2 Representing: 1gAioe'OI (54 P 12-6A) r)Fa ELOP /cecNi L Agenda Item (list number and letter): Comments: (.5-1,,,,e,,,„,( '4 a k - o I G� ../.0P c a— e-4e-A Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Name A Telephone Representing: Agenda Comments: t CITY OF 11 DiNf ' Comment Card 9 Public Forum of Speaker: Q/( Agenda Item (please p t) iAA ii-V y (optional): S t E G T �,Q Ae, Item (list number and letter): (3' Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes ��,......,. Name Address: Telephone Representing: Agenda Comments: Card T le g Public Forum CITY Of Vil.DIN, Comment Agenda Item of Speaker: (please p , w s Y (optional): Gti,A A � W .0-2,\ - \:o._ \-Q " 1 w a/ J f< i Item (list number and letter): ... Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Name Address: Telephone Representing: Agenda Comments: r CITY OK All "" Comment Card Public Forum k Agenda Item of Speaker: 714a CtQ j-e fits /._-1 ,-1 o_je____ (please print) i -7(_a rn 07-90iy\..., ?Lc (optional): 76,3 - (f -2 5----0 ,74-(3-,S-- Item (list number and letter): Lx„,(_,C--, o-roe---e-e CITY OF Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Comment Card Name of Speaker: .(\., () RY � le. e suit) Address: .5)(-) (P r� �F Telephone (optional): 6, — 14 7 Representing: v Agenda Item (list number and letter): -4 7 Comore. s: �-�;..s�. et_� � n 1 A Public Forum Agenda Item LC' Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes r Public Forum CITY OF 1' DINIt Comment Card Name of Speaker: I . lS% 1 U rWri%1- Agenda Item le riot Address: A300 CVO U+ In -A-cavAlz) AN --S--t't o Telephone (optional): Representing: p g: 're'-. -I- Li,z -Tr) if' kriViSi- Agenda Item (list number and letter): 7 Comments: Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes CITY OF 111)li�'� Name of Speaker: Comment Card Bev\ aPP (please print) Address: 136o5 ! ANe N 5'(4;te ioo PIywtoctii, ss�i/f Telephone (optional): 763 - `1 ra -'- 000 Public Forum Agenda Item Representing: Pi-ynr)Elrsork Evk/ioeevivk � Agenda Item (list number and letter): (� Comments: 6erveeArco,nA\AAevt (S lNe1tavka 'v\evt4(e /1vvte a ctit Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Name Address: Telephone Representing: Agenda Comments: r CITY OF A11 ""/ Comment Public Forum Card of Speaker: ie %if iif49/4- ✓iA Agenda Item (please print) 2 Z 19 j•'' G ,Irvi7v y - -- , (optional): l0 % ? - 1, 3..' � Q-9- / 1 Ki" .9 <A7-'— Item (list number and letter): Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes CITY OF 1>1y'� Comment Card Name of Speaker: I^ C) (--'(_ CC) (pleas pry' �t) 0 Z ��. 31 Address: v...., �, Z �, � �j�.�.,_ Telephone (optional): Representing: 1 ,.r Agenda Item (list number and letter): Comments: Public Forum Agenda Item Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Comment Card Name of Speaker: (please print) Address: W0 5- I'-9-v‘, `TC 41 Telephone (optional): Representing: Agenda Item (list number and letter): A-G wv( Comments: Public Forum Agenda Item Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Name of Speaker: Address: Comment Card rAU LZ0.56111 (please print) Telephone (optional): 3-63 - 3 9 $ -0 3 Zee Representing: 12,6N 04.4.441,,K1,4- 1 ?44 men Agenda Item (list number and letter): �© Comments: Public Forum Agenda Item Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes uaa�i Ppu35y 1111110,1 °Hp," • 77---c'(.%/i') 122 : sWauzLuoD :(zapal pue aaclumu;s10 wall vpua�y, plUD juaui11103 :�ur�uasa.�dag :(muopdo) auoijdaioi : ssaippy :iwpods Jo atueN Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes Public Forum Agenda Item Comments: CITY OF Comment Card Name of Speaker: lea Address: Telephone (optional): Representing: Agenda Item (list number and letter): 574 CITY OF TIAN, Meeting Rules of Conduct • Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. • Please fill out card and provide a brief summary of comments. • Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes