HomeMy Public PortalAbout03-11-2008CITY OF MEDINA
2052 COUNTY ROAD 24
MEDINA, MN 55340
AGENDA
MEDINA PLANNING COMMISSION
TUESDAY, MARCH 11, 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 February 12, 2008 Planning Commission minutes
6. Ordinance Amendment — Section 815 — Pertaining to regulations related to
signage. Public Hearing - TABLED from the February 12, 2008 regular
meeting.
7. Ordinance Amendment — Section 828.43 — Pertaining to regulations related to
wetlands. TABLED from the February 12, 2008 regular meeting and
continuation of the Public Hearing.
8. 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. TABLED from the
February 12, 2008 regular meeting.
9. Future Meeting Information
a) Open House for the Trunk Highway 55/CR 116 Intersection Improvement
Project, April 22, 2008 at Medina City Hall, 7:00 PM.
b) Special Meeting/Joint Workshop with City Council, Planning Commission,
Park Commission and city staff on "Low Impact Design/Development"
(facilitated by consultants from Bonestroo) — April 29, 2008 at Hamel
Community Building — 7:00 PM..
10. Adjourn
Posted in City Hall March 7, 2008
PC Agenda Item 4
MEMORANDUM
TO: Chairman Jeff Pederson and Planning Commission Members
FROM: Tim Benetti, Planning Director
Dusty Finke, Associate Planner
DATE: March 6, 2008
MEETING: March 11, 2008 Regular Meeting of the Planning Commission
SUBJ: Zoning Regulation/Official Control Update Work Plan
Introduction
With the pending adoption of the updated 2010-2030 Comprehensive Plan, staff has began to
consider the huge effort which will be necessary in order to update the City's zoning ordinances
and official controls in order to implement the Plan.
The attached work plan is meant to guide City officials and staff through the various changes
which will need to be implemented. It is important to understand the massive undertaking before
us and to establish priorities and a timeline to pull us through. The work plan is very ambitious;
relying on prompt action by the Planning Commission and City Council and requiring a major
concentration of Planning Department staff resources. At most times, the City will be acting on
five subjects at a time. Additional special meetings (especially with the Planning Commission)
may become necessary, especially if land use applications are submitted. It is important to note
that even under this pace, the work plan extends 14 months.
The work plan calls for public participation in addition to public hearings at the Planning
Commission. The intent of this public participation is to allow additional opportunity for
property owners, neighbors, and other stakeholders to give feedback, suggestions, and direction
for staff to prepare drafts for the Planning Commission and City Council. The format of the
public participation may vary depending on the subject matter in order to maximize the
stakeholders taking part in the process.
The work plan is meant as a working document, and may need to be adjusted as the process
continues. However, it is important that City officials and staff concentrate on staying on task
with the priorities established in the work plan. Staff seeks Planning Commission support of the
work plan. This Plan was presented before the City Council at the March 3rd regular meeting,
whereby a motion of acceptance was given.
Recommended Action
No action is required with this item. Staff is recommending the Planning Commission simply
review the proposed Work Plan as presented, provide input or direction as needed, and consider
accepting this plan for our own use.
Medina Planning Commission DRAFT February 12, 2008 Meeting Minutes
CITY OF MEDINA PLANNING COMMISSION
DRAFT Meeting Minutes
Tuesday, February 12, 2008
1. Call to Order: Chair Jeff Pederson called the meeting to order at 7:02 p.m.
Present: Planning Commissioners Jeff Pederson, Charles Nolan, Michele Litts, Robin Reid,
Victoria Reid, and Mary Verbick.
Absent: Planning Commissioner Jim Simons.
Also Present: Associate Planner Dusty Finke, Planning Consultant Andrew Gitzlaff, and City
Wetland Conservation Act Agent John Smyth.
2. Public Comments on Items not on the Agenda
No Comments
3. Update from City Council Proceedings
Verbick read a report from Councilmember Weir regarding actions by the City Council since the
last Commission meeting.
4. Planning Department Report
Finke stated that at this point, no new land use applications are pending. The City Council
approved of the draft update of the City's Comp Plan and staff is getting ready to send the
draft to neighboring jurisdictions for comments. Finke noted that staff is preparing a work
plan to prioritize and schedule the vast amount of ordinances which will need to be
completed in order to implement the updated Comp Plan.
5. Approval of January 8, 2008 Planning Commission Minutes
Motion by Nolan, seconded by R. Reid to approve the January 8, 2008 minutes, with one noted
change. Motion carries unanimously (Absent: Simons).
6. Ordinance Amendment — Section 828.43 — Pertaining to Regulations Related to
Wetlands. Continued Public Hearing
Public Hearing continued at 7:20 p.m.
Madeleine Linck (1762 Morgan Road) stated that she understands the concerns people have
regarding what can be done on property. She stated that she has done a lot of research on
wetland buffers and wildlife habitat. Massachusetts requires 100 feet buffers, which, in
terms of wildlife value, is not a lot. Amphibian populations have declined considerably. She
urged the Commission to support the ordinance. She stated that the buffer is actually quite
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minor from a wildlife standpoint, and the Commission has done a good job balancing private
interests.
Roger Anderson (representing Process Systems Integration, PID 03-118-23-32-0007) states that
engineers attempt to work with cities within ordinances and regulations. Wetland regulations
are only one component. He stated that when ordinances aren't in balance, applicants are
forced to go in directions they don't wish to. He stated that you sacrifice upland interests in
order to protect wetlands. For instance, woods may need to be cut down to leave area for
buffers. Every site is different, yet the Commission has to try to apply rules for everywhere.
He stated that under the current draft, a wetland of 2000 sq. ft. would require 6 to 7 times as
large of a buffer on the property. For property with a ditch running through it (perhaps 6 feet
wide), the buffers push out significantly further. He stated that constricting buildable land in
this way pushes everything out, including roads, sewer, commercial districts, etc. This will
hurt Rural Values, not help protect them. He stated there has to be flexibility. On their 11
acre parcel, they have 2.5 acres of wetlands and would have to give up another 2.75 acres of
buffers and setbacks.
Reg Pederson (landowner, Mohawk & Highway 55) stated that his property has a number of
wetlands. He has been in business in Medina for 30 years. He said the combined buffers and
setbacks are approximately double the requirements of the watersheds and takes a lot of land
from property owners. If you have a wetland in the middle of the property, it is a 200%
increase in unbuildable property. He stated that this is a fairness issue. He asked why the
City would require more than the watersheds, who have done a lot of research and that it
would be fair for the City to be like the watersheds.
Susan Seeland (landowner, Homestead Trail & Deerhill Road) asked the Commission to use
common sense on the matter. There is a need for cities to take a step back, and work with
developers instead of being rigid. She said she agrees with the buffers for Preserve and
Manage 1 and they seem reasonable. She stated they have a 9 %2 acre wetland on their
property in Orono and have proposed a 35-foot buffer. However, there is no incentive to
enhance that wetland. She asked what the City would accomplish by protecting a tire rut
which technically classifies as a wetland; it doesn't protect water quality and isn't
sustainable. She said after talking to the watersheds, it appears the district and state are going
to start requiring rigid buffer widths, which doesn't make any sense. There is a need for
people in the Commission's shoes to step back and take a second look.
Paul Robinson (Bancor Group, developer with Medina Golf & Country Club) stated that he
agrees with the point about flexibility. It obviously is difficult to legislate such a broad
ordinance. He stated that the Commission listened to people and made some reasonable
changes. He said one of the goals was for the City to be a one -stop shop. Elm Creek often
recommends 20 feet, Pioneer -Sarah recommends 20 feet, and Minnehaha recommends 16.5-
35 feet. He stated the current draft far exceeds these recommendations. The City should
consider applying a similar standard to the most restrictive watershed districts, perhaps 35
feet on Preserve, and down from there. He noted that none of the watersheds has an
additional setback requirement. Obviously Mr. Smyth has had issues in situations where no
setbacks existed. The City should look at a more reasonable setback (5 feet), and the market
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could decide the rest. Robinson suggested the City look at some way for wetland size to be
considered. Within the current draft, a very small wetland would require a buffer four times
the size of the wetland. He said if the goal is to have a standard across Medina, regulations
similar to Minnehaha Creek Watershed district would accomplish that.
Bob Trojan (3505 Pioneer Trail) stated he had done a lot of research. Wild Meadows is a good
example of these buffers, and is a showcase for the state. He said his family bought property,
but has not yet been able to build and probably won't for two years. They are excited to get
out here, but are disturbed by the impact this ordinance may have on them. He said they
intend to leave the area they won't use in its natural state. He stated that this isn't the 1970s;
people are now good stewards of wetlands. He stated that while salamanders are good and
everyone likes wildlife, buffers are forever. He said he loves nature and is a duck hunter.
Trojan stated that the buffers will be taxed, but you will forfeit what you can do on the land.
He mentioned that there are a lot of good studies out there. The study from Westwood (on
behalf of the Builder's Association and Met Council) is an excellent research model. Most of
the research that the State and Bonestroo uses is 15-20 years old, not based in Minnesota, and
looks at riparian streams and creeks, and averages homes in with the contamination
downstream from major polluters like pig farms and heavy metal polluters. He stated that we
all want to work together for the good of Medina and that Planning Commissioners do this
because they care. He said the simplest possible solution is to use subdivisions as the trigger.
He stated that he spoke with Delano, Maple Grove, and Plymouth who said it has worked
very well. He suggested the City use setbacks instead of buffers. He suggested the
Commission direct staff to look at the study completed on behalf of the Builder's
Association, which says that infiltration doesn't require more than 20 feet. He also stated
that he does not understand why the City would treat people with existing homes differently
than people who own vacant property, and the City should compensate for the change in
value of the property. The ordinance does nothing regarding agriculture, which is the most
likely to damage wetlands. He stated that salamanders are good, but inquired as to how
many we really need.
Bruce Workman (2212 Chippewa) stated he wanted to build affordable housing, but that this
wetland ordinance will make him look towards high -end housing. He stated that he doesn't
care; he'll do what he needs to. He said when his property develops, he'll no longer be
dumping thousands of gallons of phosphorus fertilizers next to the wetland like he is
currently. He said there should be flexibility if the developer can prove they can improve the
wetland. There shouldn't be a rush since the City will have a moratorium. He stated that he
is not opposed to reasonable setbacks, but 70 feet is unreasonable. They have a ditch running
right through the middle of the property and this draft would make 35% of the land unusable.
Abdhish Bhaysar (2105 Chestnut Road) stated that they had been researching raingardens. It is
important and should be addressed in a wetland ordinance. They are researching it because,
with their barn, they would like water from the roof to run into the raingarden, and they are
also planning on installing one for the runoff from the home and driveway. The ordinance
should also give credit for someone who remediates or improves the wetland. Staff should
be given the freedom to give this credit in order to reduce buffers. The area of a buffer
increases as a square of the size of the wetland. Proportionality should apply in some cases,
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but not all cases. For large property owners, even 20 feet can be a lot of land around
thousands of feet of wetland.
Ben Hodapp (Anderson Engineering, Plymouth) stated that the ordinance has made some vast
strides. He suggested some remaining issues may be: 4c2 inconsistency with "may" and
"shall"; 4c3 still requires MnRAM 3.0, but it is difficult to even find that version anymore;
he also suggested the language for the smaller projects not require a formal buffer.
V. Reid stated she appreciates all of the comments. It appears that most people feel there is a
need for additional flexibility. We want people to know the rules, and we want consistency.
Yet, there is a need to step back and look at what we're trying to accomplish. She stated that
some sort of wetland size consideration sounds reasonable as well. To have a tiny Preserve
with a huge buffer doesn't seem fair.
Litts stated the Commission should definitely approach the issues brought up. She stated that
water quality isn't the only purpose. Even though studies show that a smaller buffer may
work well for water quality, it just doesn't cut it for wildlife, such as the wood duck and
trumpeter swan. She stated that flexibility is important, but it is difficult to do citywide.
Pederson stated that staff did a good job with this newest version. He said he is concerned that
the regulations are more restrictive than the watershed regulations. He stated that wetlands
are an important part of Medina, and he enjoys his wetlands and wildlife. He also stated that
the City shouldn't require more than the experts and the watershed say we need. He
recommended buffers similar to what Mr. Robinson had suggested; 35-25-20-20. He also
stated that he thinks therecould be reduced setbacks. The numbers, put together, are too
large.
Nolan stated that he agrees that staff did well incorporating changes suggested by the
Commission. He stated that he had tracked with Mr. Robinson's comments on the severity
of the buffer, plus the additional setback. He said he has no problem cutting the setback to
10 feet. He is also interested in working size parameters into the buffer requirements. A tiny
wetland, even with a 20 foot buffer, isn't going to be a wildlife haven. He said he is in favor
of taking another slice at the buffers and setbacks, and adding a size component. In terms of
flexibility, we can put ourselves on the same side of the goals with developers.
Verbick inquired if professionals really are saying that we don't need this large of buffers and
setbacks.
Smyth stated that on the water quality side, it may be true. For wildlife, however, studies
suggest 100 feet is the minimum.
Madeleine Linck (1762 Morgan) stated that certain types of wildlife actually require smaller
wetlands to thrive.
Nolan stated that perhaps that wouldn't support additional flexibility.
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Seeland stated that she agrees that some small wetlands are important. However, if you focus on
the little details, no one sees the big picture. Wetlands with lower functions need a lower
threshold.
Verbick stated that it is almost always better to protect existing, than to create new. From a
biological standpoint, mitigation, even at a higher rate, may fall short of the original quality
and functions of a wetland. She said they are trying to create an ordinance that looks broadly
at the community, and look beyond only the human community. Verbick inquired if
mitigating at 2:1 is equal to, better than, or worse than leaving the wetland alone.
Smyth stated that the primary objective is avoidance, for some of the reasons Verbick described.
Jerry Pederson (1295 Hackamore) stated that he has a six foot wide ditch that was classified as a
wetland.
Smyth described how if wetlands are delineated why some areas may be called wetlands and
some, which seem very similar, may not.
Verbick pointed out a clerical change on page 14 (than instead of then).
R. Reid stated that it sounds like the draft isn't quite there yet. In an ideal world, we would treat
each proposal differently. Size of the property should be looked at, the location of wetlands,
in order to create some sort of matrix or point system to give more flexibility.
Verbick stated that there is some reasonable flexibility worked in. She stated that she likes
flexibility, as long as staff and the Council have some rubric to work within.
R. Reid stated that it could become very political if this wasn't done with good guidelines.
Verbick stated that "reasonable access,to wetlands" should be defined in the ordinance.
Verbick expressed concerns that public trails could be placed within the buffers. She said the
ordinance is not an attempt to rob property from owners. Even though some have said that
education is the best way to protect the environment, the latest research is not supportive of
this claim. Just because people know what is right and safe doesn't mean they'll do it.
Verbick said the ultimate outcome of the ordinance will be a great enhancement for the
public good.
Nolan stated that he had written down five major subjects which had come out of the discussion:
1) Overlay for size adjustment; 2) Credit/adjustments for developers who implement BMPs;
3) Consensus on buffer/setback widths; 4) Flexibility on "minimum buffer"; and 5) Quality
of wetlands
V. Reid stated that it wasn't either/or on size and quality. Rather there should be some
consideration.
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Nolan stated that it seems like you should have some way to protect against the disproportional
buffers.
Paul Robinson stated that flexibility is good but it is tough to legislate. The City should start
with a realistic set of ordinances and then work from there.
Trojan stated the state's CRP program is great. He suggested that perhaps a tax credit system
would get to that. He added that limiting the ordinance to new subdivisions, instead of
applying it to all vacant property might limit the amount of variances.
Verbick stated that she would not like to reduce the buffers or setback, but rather deal with it
with additional flexibility.
V. Reid stated that it should never go beneath the requirements of the watersheds. This should
be the lowest.
Pederson stated that the draft more than covers the watershed requirements.
Smyth suggested that a new level for the DNR mapped areas could be a place to start. He stated
that he strongly urges not reducing the setback below 10 feet.
Nolan stated that the draft requires 2x to 3x more than the watersheds. The setback seems like
the easiest place to reduce it.
Reid stated that the overall impact should be reduced somehow, and the buffers are more
important than the setbacks.
Finke inquired if the Commission feels it is necessary for the City to establish a formal easement
over the smaller buffers required with additions and accessory structures. The area of the
buffer will be much smaller, and maybe it begs the question if it is worth a formal easement
being recorded.
Nolan stated that he favors making these smaller buffers as easy to establish as possible. He
stated that he doesn't think it gains a lot to require it.
Verbick stated that she supports things that will make it less cumbersome for staff, as long as the
parameters are clear. She stated that she has strong confidence in current staff.
Finke inquired if the Commission supported adding the additional level of Preserve wetlands
which are within DNR mapped areas and apply the largest buffer to them.
Commissioners expressed support for this new level of Preserve.
Finke inquired if the Commission supports the exemption language staff had created for existing
lots, which would be completely covered with buffers, or if there was support for some lower
threshold to trigger the exemption.
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Medina Planning Commission DRAFT February 12, 2008 Meeting Minutes
Verbick stated that having some maximum buffer to wetland size ratio may take care of these
issues.
Finke noted that an applicant could apply for a variance if they believed that the amount of
property within buffers creates a hardship.
Finke stated that he believed the Commission supported treating new construction on a vacant
parcel as "new development" and to require the full buffers, but he wanted to confirm.
Verbick stated that she believed it made sense as a trigger.
Trojan stated that previously subdivided property was purchased with an understanding of what
the rules are, and people may have plans about what they want to do, where they want to
locate the house, or a swimming pool. He stated that it doesn't make sense to treat them
differently just because they haven't built a home yet.
Nolan stated that it is a matter of flexibility. When placing a home on a vacant piece of property,
it can be adjusted a bit in order to meet buffer and setback requirements. However, if the
home already exists, there may be fewer options for where to place an addition. He noted the
variance provisions exist in situations where the constraints mount. He stated that especially
in a rural residential situation, he would assume that 98% of the lots could make relatively
minor adjustments and meet the buffer and setback requirements.
Nolan recommended that staff look at the language on page 10 regarding buffer averaging. As
currently written, staff would have the right to disallow averaging in some situations.
Motion by Verbick, seconded by Litts to table the wetland ordinance discussion and leave the
public hearing open. Motion carries unanimously (Absent: Simons).
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
Finke delivered a brief staff report. He reviewed the purposes of a conditional use permit, and
details regarding the application. 2105 Chestnut is approximately 20 acres in size, zoned and
guided rural residential. He identified the location of the proposed structure and noted its
proximity to the wetlands. He stated that it would meet the current draft of the wetland
ordinance, however. He said the project is similar in size to a number of other large
structures approved in the past couple of years. He noted that the fire marshal had requested
an access drive to the structure. Finke stated that the City should approve of a CUP if it
meets the ordinance regulations, but does have the ability to apply reasonable conditions. He
concluded that staff recommended approval with the conditions in the staff report.
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Medina Planning Commission DRAFT February 12, 2008 Meeting Minutes
Abdhish Bhaysar (2105 Chestnut) stated that they used a barn recently built in the area as a
prototype. They would like to have horses in the future, and they currently raise ducks. The
property has had large numbers of horses in the past, up to 15, but they don't plan to have
this many. The pastures are fenced off, and this area has been pasture land for a long time,
even though it is technically wetland. He said they wished to continue utilizing these areas
as pastures. He stated that in addition to the raingarden near the barn, they are hoping to
install an additional raingarden to capture the run-off from their home and driveway.
Public Hearing opened at 10:29 p.m.
Cody Turnquist (2000 Chestnut Road) stated that his parents submitted a letter and read the
letter. He said he graduated with a degree in architecture and had created a mock-up of the
proposed structure from a perspective in his family's southern pasture. They would see all
38 feet, 9 inches of the structure from the pasture. If they would subdivide the property,
there may be some prime building sites there, and this building would decrease the property
value. He said this structure is much taller, in gross terms, than their barns.
Norma Friedrichs (Willow) inquired what corrugated steel is, and she asked if it would be heated
and cooled.
Bhaysar stated that it is similar to some of the larger barns in the neighborhood. It can be painted
almost any color. He stated that it would be heated and ventilated, but not air conditioned.
Friedrichs stated she was concerned about the look of the structure.
Bhaysar said he and his family didn't want to look at something ugly either; it will be painted to
be attractive.
Public Hearing closed at 10:44 p.m.
R. Reid stated that she is concerned not only about the size, but that it looks like an industrial
building. Part of the reason they approved of the Hasselquist barn last year was because it
was attractive and looked like a traditional barn.
Verbick stated that one thing that is looked at is precedent. However, conditions in the
surrounding area and future use of the property should be considered. Maybe something this
size wouldn't make as much sense somewhere north of Highway 55. She said the property
value issue is hard to nail down. She agrees with Condition 7 very strongly; that future
grazing shouldn't be allowed within wetlands just because animals grazed in them in the
past.
Nolan stated that he also agrees that it is very large. He was not in favor of the Hasselquist barn,
but they used good materials and designed the building in an "L," which salvaged the
situation. He stated that it is more about the massing than it is about the size. He stated that
he asked last year why the City would allow such massive buildings. He said the applicant is
not being considerate to their neighbors by proposing such a building.
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Medina Planning Commission DRAFT February 12, 2008 Meeting Minutes
Bhaysar stated that they would not put up a building that is ugly or damaging. However, at the
same time, some people may look at the architecture of their home and say that they don't
like the design; that it is ugly.
Finke suggested the Commission add a condition requiring the applicant to break up the massing
of the structure through architectural elements, material use, screening, plantings etc.
Pederson stated that he thinks the road has to meet the fire marshal requirement. He believes
Chestnut should not be used as primary access. He said some lap siding could be used, and
perhaps some shrubbery to break things up.
Litts stated that the wetlands seem very large and horses could have a negative impact on them.
Bhaysar stated that he didn't know it was an architectural review. They could have put more
details in.
Nolan stated that he strongly urged the applicant to break up the massing and make it an
attractive building.
V. Reid stated that their house is beautiful, which is part of the reason she was puzzled by such
an industrial -looking building.
Commissioners described ways in which the massing could be broken up, and the building could
be made to seem as if it were not as large. Commissioners discussed if they should table the
application sothey can review the architectural plans, or recommend an additional condition
for when it moves to the Council.
Finke stated the Commission could surely add a condition and the applicant could have a new
design ready for the Council.
Nolan stated this would seem as if the Commission wasn't fully reviewing the application. He
said that what the applicant proposes would very much impact whether he would support it
or not.
Motion by R. Reid, seconded by Nolan to table the application so that the applicant can prepare
a more detailed design to show how the application fits into the Rural Residential. Motion
carries (Opposed: Verbick; Absent: Simons).
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
R. Reid asked if very much has changed since they reviewed the application last year, other than
the back three units being removed.
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Medina Planning Commission DRAFT February 12, 2008 Meeting Minutes
Gitzlaff replied that it is essentially the same plan with the back lopped off.
Commissioners discussed that they had already reviewed this and made their recommendation,
so should move it along to Council.
Finke reminded Commissioners to call a Public Hearing.
Public Hearing opened at 11:35 p.m.
Public Hearing closed at 11:37 p.m.
Motion by R. Reid, seconded by Verbick to recommend approval of the Site Plan Review with
the conditions in the staff report. Motion carries unanimously (Absent: Simons).
9. Ordinance Amendment — Section 815 — Pertaining to regulations related to signage.
Public Hearing
Pederson stated that he didn't believe the Commission could adequately consider the ordinance
so late in the night.
Finke reminded Commissioners that the moratorium on electronic and off -premise signage will
be up before the next Commission meeting and the Council won't be able to act on the
ordinance. He strongly urged Commissioners to make a recommendation on the electronic
and off -premise portion of the ordinance.
Motion by Verbick, seconded by Reid to table the public hearing until the March Planning
Commission meeting. Motion carries unanimously (Absent: Simons).
10. City Council Meeting Representation Schedule
Finke informed Commissioners that there had been some absences from the last couple of City
Council meetings. He reminded Commissioners to check on the schedule.
11. Adjourn
Motion by R. Reid, seconded by Verbick to adjourn at 11:46 p.m. Motion carries
unanimously (Absent: Simons).
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Agenda Item: 6
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner; through Planning Director Benetti
DATE: March 6, 2008
MEETING: March 11, 2008 Planning Commission
SUBJ: Sign Ordinance Amendment: Electronic and Off -Premise signage; 4-sided
building signage
Update from February Planning Commission
The Planning Commission did not act on the sign ordinance amendment at its February meeting so
it returns to the agenda for March 11.
The draft ordinance includes one change from the draft which would have been discussed in
February. The change regards regulations for dynamic signage which is already in existence. This
existing signage could be treated in one of two ways:
The first option would be to require dynamic signs to come into compliance with the regulations of
the ordinance. This would mean that messages could only be changed every 5 minutes, messages
could not scroll, along with the other regulations of the ordinance.
The other option would be to treat existing dynamic displays more similarly to non -conformities
which arise when the City changes ordinance regulations such as setbacks or height. This would
mean that existing dynamic displays which may change text more than once every five minutes or
signs that scroll, etc., would be allowed to continue but not intensify. Setback and height non -
conformities tend to be treated in this way because it is obviously quite difficult to pick up and
move a building or to lop off a few feet of a structure. Bringing a dynamic sign into compliance
would, presumably, be a simpler task consisting of changing a setting within the sign control
device.
The Commission should make a recommendation on which regulations to apply to existing dynamic
displays.
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.
Staff Recommendations
Staff recommends approval of the ordinance.
Staff limited the scope of the amendment to electronic and off -premise signage (adding 4-sided
architecture at the request of the Council) and did not conduct a comprehensive review of the
ordinance. Large portions of the sign ordinance will need to be updated as the City updates its
official controls over the next year in order to implement the Comp Plan, and staff did not wish to
duplicate these efforts. The workplan for ordinance updates calls for the sign ordinance to be
discussed in the fall.
If the Planning Commission has additional feedback on the other aspects of the ordinance, staff
would add these to recommendations to the mix in the fall.
Attachment
• 1. Letter from City Attorney summarizing moratorium/research regarding electronic signage
2. Ordinance
2
Kennedy
Graven
CHARTERED
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.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 armor 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 for advertising purposes and having 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.
Subd. 5 "Dynamic Display" is anv characteristic of a Sign that appears to have
movement or that a 'nears to chan. e, caused by any method other than ph sicall
removin . and replacing the Sign or its components, whether the apparent movement or
change is in the display, the Sign structure itself or anv other component of the Sign.
This includes a display that incorporates a technolo or method allowin the Sinn face
to change the image without having to phvsically or mechanically replace the Sin face
or its components This also includes any rotating revolving moving flashing, slinking,
or animated display or structural element and any display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink" or any other method
of technology that allows the Sign face to present a series of ima es or isnlav
1
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. "Motion Sign" is a sign which revolves, rotates, or has any moving parts.
Subd. 10. "Off -premises Sign" is a commercial speech si . n 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;
(f) 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)
Handicapped parking Signs.
Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning
districts.
(a) Abandoned Signs;
(b) Billboards;
(e) Flashing Signa;
(A) Motion Signs;
(e)(c) Roof Signs;
(d) Off -premises Signs;
(#)(e) Vehicle Signs; and
(g)(f) 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, thc Monument
Sig., shall meet the . linable luminary t f rh c t'
en
829 of thc city's ordinances; 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; 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 si:n area ma be increased by 25 percent in the case of buildin. s
which are constructed with four-sided architecture, have exposure to traffic on opposite
sides or provide customer access from opposite sides. Buildings on tv • ical corner lots or
which admit customers on two adjacent sides do not qualify for additional siana. e absent
additional unique site characteristics. Four-sided architecture means architecture of the
quality generally associated with the front facade being used on all sides of a building
Additional si . na . e under this • rovision is allowable onl us on submission of a master
signage 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 Si ! n includes a Dynamic Display, it shall meet the
applicable D amic Dis s la re • uirements 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 Sign includes a Dynamic Display, it
shall meet the applicable Dynamic Disnlav 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;
(f) 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
(g)
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 re • uirements 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 Display, 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 Display re. uirements 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:
.E.
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 namic 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;
(f)
(g)
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
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
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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 st-FielEeft 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 Si in 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 mile per hour. twelve
(121 inches if the road has a speed limit of 45 to 54 miles per hourand fifteen (151 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.
�bd. 8 Dynamic Disnlays Dvnamic Displays on Siens are allowed subject to the
following conditions:
(a) Dvnamic Displays are allowed only on Monument and Pylon Sis for
Eton -residential uses in the residential districts and for all uses in other
districts. Dvnamic Displa s ma occupno more than thirty-five (35)
percent of the actual copy and gra • hic area of the Si n. The remainder of
the Sign must not have the capability to have a Dynamic Disnlav even if it
is not being used Onlv one (1 conti
allowed on a Sign face;
uous Dvnamic Disnlav area is
(b) A Dynamic Disnlav must not chance or move more often than once every
five (51 minutes except for chances 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 dis slay, but the time, date or tem , erature
information itself may change no more often than once every three
seconds;
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(c) The images and messages displayed on a Dynamic Disnlav 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 D amic Display must be
complete in themselves, without continuation in content to the next image
or message or to any other Sign;
tg) Every line of copy and r ' in D n m' Di la , m _ meet the font
size requirements of subdivision 5 above. If there is insufficient room for
copy and graphics meeting these requirements then no Dynamic Display
is permitted;
(fl D namic 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 immediatel discontinue the displa if it malfunctions
and the Sign 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 that do
not meet the structural re. uirements or operational Stane ards above ma ,
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 mutt u e the large ize
possible for one line of copes jsifit in the available s ace.
Subd. 9. Brightness Standards.
fA) All Signs that include Dynamic Displays must meet the annjkalik
luminary requirements set forth in Section 829 of the city's ordinances
(b) The person owning or ___ controllin the Sign must adjust the Sign to meet
the brightness standards in accordance with the city's instructions. The
ad'ustment must be made immediatel upon notice of non-compliance
from the city The person owning or controllin 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 by a means other than natural li ht must be e ui ped with a
mechanism that automatically adjusts the brightness in response to
ambient conditions. These Signs must also be equipped with a means to
15
immediately turn off the display or lightinu if it malfunctionsand the Si
owner or operator must immediately turn off the Sign or liuhtins when
notified by the city that it is not coin shin. with the standards of this
section.
Subd. 7 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.
otherwise allowed
other commercial
without any additi
Non -Commercial Speech Sians. The owner of an
by this ordinance may substitute non-commercial coy
or non-commercial copy. This substitution of cop
1na1 approval or nermittinby the city The purnose
Sien which is
in lieu of any
may be made
this provision
is to revent an inadvertent favoring of commercial s • eech over non-commercial
speech or favorin . of any particular non-commercial message over an other non-
commercial message. This provision prevails over any other more specific .rovision 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:
(a) The name, address and telephone number of the applicant;
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(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 :; e'e^'r-is'i5l:t*^ e„ the Sigf • i1 be f shif}g
or not the Si . n will contain any type of Dynamic Display;
(j) 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 for
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
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.
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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:
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(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: 7
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner; through Planning Director Benetti
DATE: March 6, 2008
MEETING: March 11, 2008 Planning Commission
SUBJ: Wetland Ordinance Amendment
Background
City staff has prepared another draft of the Wetland Protection Ordinance (attached) from the
discussion and recommendation of the Planning Commission at the February meeting. The City
Council has strongly urged the Planning Commission to make a recommendation on the ordinance
at the March meeting so that the City Council can take action.
Following is a summary of the changes since the February Commission meeting:
■ New "level" of buffers were created for Preserves which are also within or adjacent to a DNR
Mapped Area
■ Setbacks were lowered to 15 feet (from 20) and only apply to principal structures
■ Buffers for smaller projects were changed to an average of 20 feet (setbacks removed) and no
longer require a recorded conservation easement
■ Maximum buffer limit were added so that small wetlands may not require full buffers (cap is
3:1, but requires an absolute minimum of 15 feet)
■ Exemption added for existing lots which have already been required to implement some sort of
wetland buffer
■ Mitigation section language was clarified and now discusses Wetland Banking as well
■ Language regarding work within existing right-of-way was added, recognizing that the
applicant proposing the work is constrained in their ability to implement the full buffers
■ Additional flexibility was added for the city council to approve of lower buffers if the applicant
can prove that their proposal is better at achieving the purposes of the ordinance
Following are some of the major regulatory tools of the ordinance which the Planning Commission
may wish to make specific recommendations on.
Applicability ("Triggers")
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.
The final clause in the applicability section is meant to require a 20-foot buffer for projects such as
accessory structures and large additions. If all three of the following conditions are met, the 20-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 20-foot 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). The applicant would be required to show that the
buffer meets the vegetative standards of the ordinance, and may be required to perform some
planting to bring the area up to standard. 15-feet is the minimum recommended buffer in order to
be effective for any of the purposes of the ordinance. 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).
Flexibility
The current draft allows for a lot of flexibility in order to achieve the purpose of the ordinance.
First, the ordinance allows flexibility through buffer averaging. Additionally, subd. 5(d) allows for
reductions in the buffer if existing structures or hardcover are located where a buffer may be
required. Also, variance provisions exist.
The newest draft adds another layer of flexibility as requested by the Commission. If an applicant
is able to show that they can better achieve the purposes of the ordinance by doing things other than
applying the buffers required by the ordinance, the City Council can approve of smaller buffers.
The draft limits this flexibility in a few ways: 1) the area of the buffer cannot be reduced below that
which would be required using the minimum buffer width (for the classification) around the entire
wetland; and 2) the width of the buffer cannot fall below 75% of the minimum in any location.
The Planning Commission should discuss if the two limitations on the flexibility are sufficient or if
they should be made more constrained.
Buffers and Setbacks
With the new "level" of buffers, the buffer requirements are now as follows:
Wetland Classification
Upland Buffer
Zone Average
Width
Minimum Upland
Buffer Zone Width
Principal
Structure Setback
Preserve (within or adjacent to
a DNR Mapped Area)
50 feet
30 feet
15 feet
All Other Preserve
35 feet
25 feet
15 feet
Manage 1
30 feet
20 feet
15 feet
Manage 2
25 feet
20 feet
15 feet
Manage 3
20 feet
15 feet
15 feet
The maximum buffer to wetland ratio that would be required is 3:1 (except that a minimum of 15
feet is always required). Wetlands under 0.25 acre is size will tend to hit this threshold. Another
tool may be use multiple tables for wetlands >1 acre, 0.25-1 acre, and <0.25 acre such as:
2
Wetland Size — 0.25 acre to 1.0 acre
Wetland Classification
Upland Buffer
Zone Average
Width
Minimum Upland
Buffer Zone Width
Principal
Structure Setback
Preserve (within or adjacent to
a DNR Mapped Area)
40 feet
30 feet
15 feet
All Other Preserve
30 feet
25 feet
15 feet
Manage 1
25 feet
20 feet
15 feet
Manage 2
20 feet
15 feet
15 feet
Manage 3 :
15 feet
15 feet
15 feet
Wetland Size — less than 0.25 acre
Wetland Classification
Upland Buffer
Zone Average
Width
Minimum Upland
Buffer Zone Width
Principal
Structure Setback
Preserve (within or adjacent to
a DNR Mapped Area)
30 feet
25 feet
15 feet
All Other Preserve
25, feet
20 feet
15 feet
Manage 1
20 feet
15 feet
15 feet
Manage 2
20 feet
15 feet
15 feet
Manage 3
15 feet
15 feet
15 feet
Because the buffers and setbacks are the major regulatory tool of the ordinance, the Planning
Commission should attempt to give as specific of a recommendation as possible. The Commission
should discuss which of size considerations make sense, and if structure setbacks should only apply
to the principal structure.
Staff Recommendation
Staff recommends approval of the ordinance. The Commission's recommendation may include
items for which there is a strong consensus among members, and also may certainly contain aspects
which have a split opinion. All of this information will be helpful for the City Council when they
review the ordinance.
Attachment
1. Ordinance
3
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.
(40 Wetland Setback 25 feet for a wetland less than 1 acre and 50 feet for a wetland
be a mowed and/or fertilized lawn.
1
SECTION II. Medina Code Section 828.43 is amended by deleting the stricken material and
adding the underlined material as follows:
Section 828.43. Wetlands Conservation.
environmental, aesthetic, and hydrologic functions of the city's wetlands. These functions
include, but arc not limited to, sediment control, pollution control, filtration, aquifer recharge and
providing habitat for fish and wildlife. The regulations and standards of this district shall be
applied 49 an overlay zone, further regulating the use of land ^.s alleweA by other use districts
under this ordinance.
Subd. 2. Definitions. The following terms shall have the meanings given to them:
(a) "Act" means Minnesota Laws 1991, Chapter 351, as amended.
(b) "Applicant" means a person who applies for a permit to undertake any activity
regulated by this subsection.
(c) "Rules" means Minnesota Rules, Chapter 8120, as amended.
All other terms used in this subsection which arc defined in the Act or the Rules have the
meanings given there.
Subd. 3. Scope. Thi , erdiaaace regulates the draining and filling of wetl-,nds and part;
provisions of this subsection, wetlands within the city may not be drained or filled wholly or
Subd. I. 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
Resourvc @rs n -app inte�� *ch�pm Ce ,, y Ce s " ti•,,,
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, size, and type for replacement plans;
(ii) assisting in making wetland size and type determinations as part of
exemption and no loss determinations;
2
(iii) answering technical questions and participating in monitoring of replacement
wetlands; and
(iv) participating in the monitoring of banked wetlands.
Subd. 6. Exemptions. A landowner may apply for a certificate granting an exemption
from the provisions of this subsection 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.
CY�.�OZftO +crl'rr icciiao`evircr-ccria—o+rrti'rcr�crr6i3Sz6��a6ii�
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
city council pursuant to the following conditions:
(a) receipt from the applicant by the city council of satisfactory evidence of one of the
following conditions:
(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 are 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
conducted or authorized by public agencies for the purpose of wetland
restoration and the activity is restricted to placing fill in a prey' ly
3
(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.
(a) A landowner intending to drain or fill a wetland who does not qualify for or fails to
replacement plan from the city council. Replacement plans intended to mitigate
activities within the city must involve the replacement or rehabilitation of
properties 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
the applicant, the location and scope of the project, and a statement as to
be 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 undertak ti-vit . aff Ming n 000 . f et
or more of wetland, the city shall, within ten days of receiving the
application, 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
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
> _ > , �• e�-Eense��-tl�e�a n�oQia��o�a�;� o ra
type of the affected wetland. 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.
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,
4
or this subsection, the city may take any enforcement action available under the
state law, the Rules, or the Medina city code.
Subd. 9. Wetland Banking. Upon application by a landowner, the city council shall
determine whether a wetland shall be certified as eligible for deposit in the state wetland bank.
Tl. '*� '1 L, 11 ,-i;�, o�l.,,.,7 1' '1.1P-�9rae�o�rr-iir+L• + + �1 ,7 1.. 1 �
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to the following conditions:
(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
(b) a finding by the technical evaluation panel that the wetland meets the criteria for
banking c:n :in d in *.h_ 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 bo
Subd. 11. Incorp:ra*.ien by R-fcrence. The Act and the Rules are hereby incorporated
between the previsions of *.ha , the Rules, and this subsection the provision which provide
the most wetland protection shall apply.
Subd. 1. Purpose. The city council of the city of Medina finds that wetlands serve
a varie of beneficial functions. Wetlands maintain water auali reduce floodin. and erosion
provide food and habitat for wildlife, provide open space, and are an integral part of the city's
environment. Wetlands are also important physical, educational ecolo ical 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) "Applicant" means the individual or enti submitting a land use application to
the city.
(b) "DNR Ma sped Area" means a location identified b the Minnesota De • artment
of Natural Resources as a Site of Biodiversity Si i nificance or b the Minnesota
Department of Natural Resources County Biological Survey as a High Oualitv
Natural Area.
"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
5
field tool used to assess Wetland functions on a qualitative basis. Wetland
functions assessed by MnRAM include: floral diversity and integrity- wildlife
habitat- water quality protection• flood and stormwater attenuation: recreation-
aesthetics- education- science- fishery habitat: shoreline protection: groundwater
interaction; and commercial uses.
(d) "Native Vegetation" means plant species indi . enous 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 as defined by
this section.
(e) "Non-native Vegetation" means species not indi . enous to or naturalized to the
Hennepin County Region of the State of Minnesota by the Dent of Natural
Resources or plant species.
(f) "Setback" means the minimum horizontal distance between a principal structure
and the nearest edge of the Upland Buffer Zone.
"Upland Buffer Zone" means an area or areas of vegetated round cover around
the perimeter 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 edge 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 maintaining 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)
(h) "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.
(i) "Weeds" mean (i) "noxious weeds" as defined and designated sursuant to the
"Minnesota Noxious Weed Law " Minnesota Statutes Sections 18.76 through
18.88, as amended from time to time. or ii any plant including b.
not limited to, spotted knapweed (Centaurea Maculosal or burdock Arctium
Minusl For the purposes of this section Weeds shall not include dandelions or
(1)
clover. The city weed inspector and/or assistant city weed inspector shall
maintain a current list of plants that are defined as "Weeds" for surposes of this
section.
"Wetland" means a land that is transitional between terrestrial and aquatic
s stems where the water table is usually at or near the surface or the land is
covered by shallow water. For purooses of this section in order for a land to be
considered a "Wetland," it must have all I f the following characteristics: (i a
6
predominance of hydric soils; (ii) be inundated or saturated by surface or ground
water at a frequency and duration sufficient to support a prevalence of
h .drophvtic vegetation tvpicall adapted for life in saturated soil conditions- and
(iii) under normal circumstances, support a prevalence of h dro h tic vegetation.
(k) "WMCM" means a Wetland Management Classification Map which is to be
maintained by the city. The WMCM shall classi each Wetland in the ci _ as
one or more of the followingpes "Preserve," "Manage 1," "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 up blic
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
any future amendments to the W .A that are adopkd b the Legislature. In the
event that any requirements of thi ection are incon i tent with the W A the
stricter provision that provides the most protection for Wetlands shall apply_
(b) Applicability. This section shall apply to all property c�c•ntaining Wetlands in the
following circumstances:
(i) When an new development a tivity occurs on the property. For p •ses
of this section, "new development acti i " means:
(A) Any subdivision or minor subdivision which results in a net
increase in the number of lots;
(B) An site plan review application;
(C) Construction of a principal structure on an existin 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;
the structure's removal is followed by reconstruction
except as exempted by subdivision 3 (c) of this section;
and
results in a net increase in the square foota ! - of im e o
surfaces that drain to a Wetland, or results in the relocation
of im ervious surfaces closer to a Wetland, or results in
changes to drainage patterns (slopes, meander patterns,
7
etc.) that the city engineer determines will increase the
velocity or rate of runoff to a Wetland;
(E) An Hroiect that involves the draining. filling, excavation, or
alteration of a Wetland;
(F) Any project that alters or fills land below the •roiected 100- ear
high water elevation of a body of water and
(ii) Any other land use application submitted to the city which is not s ecified
bove including but not limited to conditional use Hermits variances and
rezonings.
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 adversely impact a Wetland because it meets all of the
following conditions:
(A) The Hortion of the Hronerty to be disturbed by the construction or
land alteration activity naturally drains to a Wetland;
(B) The amount of grading on the Hronerty 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 application that has received final or Hreliminary Hlat aoHroyal
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;
(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 along with other restrictions in the zoning ordinancewould
encompass the entire parcel; or
(iv) Any parcel existing prior to the effective date of this section on which a
wetland buffer has already been designated as required by the city or
another agency.
8
Subd.4. Application Materials. An Applicant shall submit the following
information to the city along with all other materials required by city code with res ep _ to any
land use application or permit application:
(a) A grading�lan Lf arading is pro op sedgy, including the area and volume of land
disturbance;
(b) The square footage of the proposed structure and an impervious surface;
(c) A Wetland delineation report. It is the responsibility of the Applicant to
determine whether Wetlands exist on the property by completing a Wetland
delineation and submitting a Wetland delineation report. The following shall
apply to the Wetland delineation report:
(i) The report shall delineate and document the boundaries of any Wetlands on
the property in accordance with the WCA requirements.
(ii) The city may require that the Wetland delineation be performed by a certified
Wetland delineator. The Wetland delineation must be performed according
to the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and
subsea t am ndments and be a ce ort..le to the city en ineer. The city
engineer shall have complete discretion in determining whether the Wetland
delineation report is acceptable.
(iii) The report shall state the WMCM classifications for all Wetlands located on
the prop. If a Wetland on the property is not shown or classified on the
WMCM, the Applicant shall submit a completed electronic c�v of the
MnRAM 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 1 st. A Wetland delineation completed outside these dates or
submitted later than November 1 t 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, the Applicant may
appeal the classification to the city. The Applicant shall nut the appeal in
writing and include supporting documentation The appeal will be reviewed
b city staff and decided .v a tee, ical evaluation panel, 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 receipt of a
complete appeal application The Applicant may appeal the technical
9
evaluation panel's decision to the city council. The appeal must be filed
within thirty dais 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 iroperty.
(e) An Upland Buffer Zone landscapin . plan. if required-
(f) Any submittals required by the WCA;
(g) Le . al descri a tions of the Wetlands and U 9 land Buffer Zones. and
(h) Deposit funds in an amount to be determined by the city to be used for any
expenses incurred by the city in com 9 letin . its review of the Wetland delineation
report, Wetland ordinance compliance, a WMCM classification appeal, and if
appropriate developing a Wetland boundary estimate and determining if the
Upland Buffer Zones proposed by the Applicant meet the re uirements of this
section.
Subd. 5. Upland Buffer Zone and Required Structure Setbacks.
(a) If a new development activi as defined in subdivision 3 1WD of this section is
proposed, the followin. Upland Buffer Zone and orinci'al structure Setbacks
shall be required for each Wetland or portion of Wetland within the subiect
property:
Wetland Classification
Upland Buffer
Minimum Upland
Principal
Zone Average
Buffer Zone Width
Structure Setback
Width
Preserve (within or adjacent to
50 feet
30 feet
15 feet
a DNR Mapped Area)
All Other Preserve
35 feet
25 feet
15 feet
Manage 1
30 feet
20 feet
15 feet
Manage 2
25 feet
20 feet
15 feet
Manage 3
20 feet
15 feet
15 feet
The width of the Upland Buffer Zone ma va along 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;
10
(ii) The total area of the Upland Buffer Zone meets or exceeds the total area
which would be required if the Upland Buffer Zone Average Width was
utilized; and
(iii) Areas that are within an Upland Buffer Zone with a preconstruction slope
exceedin • twelve percent must meet or exceed the Upland Buffer Zone
Average Width requirement.
(b) If an activity as defined by subdivision 3(b)(iil or subdivision 3(b).(iii)of this
section is proposed an Upland Buffer Zone with an avera e width of twenty feet
and a minimum width of fifteen feet shall be required for all Wetland
classifications. The Upland Buffer Zone must be adjacent to the portion of the
Wetland down gradient from the proposed activity The Upland Buffer Zone must
meet all requirements of this section, except that a conservation easement shall
not be required provided that the Upland Buffer Zone is documented using an
alternate form required by the city.
(c) All Upland Buffer Zone hall be mea gyred from the edge of the delineated
Wetland, as approved by the city, into the adiacent upland area.
(d) The total area required for an Upland Buffer Zone shall not exceed three hundred
percent of the area of the adjacent Wetland, except as necessary to maintain a
minimum width of fifteen feet.
(fie The U • land Buffer Zone re • uirements of this section ma be reduced at the
discretion of the city council and if all of the following conditions are met
The Applicant implements practices which accor in to the city council, are
superior at meeting the long-term pumposes of the section than would be
possible through strict adherence to the requirements of this ection•
(ii) The total area of the proposed Upland Buffer Zone exceeds that which would
result if the required Minimum Upland Buffer Zone Width was utilized
around the entire Wetland; and
(iii) The pro • • ed •lap • Buff r Z • n wi • th do n • t f. 11 b -1 • w vents -five
percent of the required Minimum Upland Buffer Zone Width at any
location around the entire Wetland.
(f) Where existing structures or impervious surfaces are located within an area that
would be required to be included in an Upland Buffer Zonealternative methods
tQjua_e. t the Wetland may be ap ov by the city staff in order to avoid creating
unreasonable im • acts on the existing use of the pro • e . Such methods ma
include, but are not limited to, Upland Buffer Zone width averauing below the
minimum re • uired. redirection of draina • e to a different area where an Upland
Buffer Zone is feasible while still maintaining the drainage to the Wetland, or the
11
(g)
use of rainwater gardens, vegetated swales or other best management .ractices for
treating runoff.
The ci reco:nizes that the ability of an Applicant to implement the U gland
Buffer Zones required by this section may be constrained when there is an
activity_proposed within existing_right-of-wayor adjacent to existing roadways
that is located on property that is not controlled by the Applicant In these
situations Upland Buffer Zone mitigation shall not be reauired. but the
Applicant shall make reasonable efforts to fulfill the requirements of this
section to the extent possible.
Subd. 6. Alterations within Wetlands and Upland Buffer Zones. (a) The area
within Wetlands and Upland Buffer Zones shall be • reserved predominatel in their natural
states, except to the extent set forth below. With the exce • tion of activities defined b
subdivision 3(b)(iii) of this section where a smaller U s land Buffer Zone is reauired, U s land
Buffer Zones must be protected by a conservation easement granted to the city by the Applicant
in a form provid-d b the city. The conservation easement will preserve the natural state of the
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 easement, such as a trail, will not be reauired b
the city for these purposes but may be reauired pursuant to other applicable city reauirements.
(b) Any alterations within the Wetland and U I land Buffer Zone, except those stated
below are prohibited including but not limited to. the installation or placement
of structures and impervious surfacesthe destruction or removal of treesshrubs
or other veeetaton the introduction of any Non-native Vegetation. any mowing
dredinor excavation activities and the placement or storaee of any fill material
or trash and the application of fertilizer. The following activities are . ermitted:
(i) Activities described within an Upland Buffer Zone landscaping or
miti ation plan or a WCA application that was approved by the city
(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 utility lines light poles
ment that is
determined b the ci to provide an essential .ublic service.
(v) The installation of public and private flood control structures, pondin . and
drainaAe facilities and associated accessory appurtenances as approved b
the city,
(vi) The installation of environmental monitoring or control facilities,
including_those related to water • uali and wildlife re. lation•
12
vii The mowing of or installation of permeable pathways not to exceed four
feet in width to allow reasonable access to the Wetland;
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;
Subd. 7.
ix The installation of public trails, if required. The temporary and permanent
trail disturbance shall not exceed nine feet in width and must be located
outside of the minimum width of the required Upland Buffer Zone.
Upland Buffer Zone Markers. All Upland Buffer Zones shall be identified
with markers The Ap licant shall be r sponsible for the costs of • btainin and installing the
markers. At a minimum, one marker shall be placed per lot at the upslo ed a of the U In and
Buffer Zone and then placed every 250 feet thereafter and on all common lot lines.
(a) Proposed locations of the markers shall be shown on the grading or site elan for the
property. The location of the markers shall capture the portion of the Upland 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 approval.
b) Artwork and verbiage on the sign shall face away from the Wetland..
(c) Sign dimensions specifications, verbiage, and artwork shall be sp cified b the city
and provided to the Applicant.
Subd. $. Vegetation 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 approval from the city An Upland Buffer Zone will be
considered to have acceptable natural vegetation if it
is com • osed of less than twenty-five • ercent Weeds.
(ii) is covered by Native Vegetation with less than five percent exposed soil;
and
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 plan must be submitted to
the ci engineer ineer for a p o roval. At a minimum the landsca in lan shall include
e
the following information:
13
(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
acceptable in their current state and identify them as areas that will not be
disturbed during grading. The city may reauire silt fencing around these
areas in order to protect them from erosion and disturbance during grading
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 plantin l of a minimum of at least four s 8 ecies of native . rasses
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 twenty pounds per acre. If plantin . is
proposed, spacing between plants shall not exceed three feet unless
otherwise approved by the city engineer; and
iii Detailed specifications that describe seIuencina. 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 reauired, the city ma
require an approved form of a financial guarantee eaual to 150 ercent of the
estimated cost of the vegetation installation. The financial guarantee shall be
valid for two years an' ma be used by the ci for compliance ins • ections and
establishment of the reauired vegetation if not completed by Applicant or if
deemed unsuccessful by the city. Vegetation will be deemed by the city to be
successful if the area has a minimum of one plant per square foot from the
specified seed mix or planting plan and less than twenty-five percent of the area is
inhabited by Weeds.
Subd. 9. Maintenance. The property owner or homeowners' association shall be
responsible for maintaining the Upland Buffer Zones on the property Maintenance shall include
the following:
(a) Maintain and repair any damage to the Wetland Buffer Zone caused by activities
such as mowin�,�utting or grr dingy unless the activities are approved by the city
(b) Ensure that all soil surfaces in the Wetland Buffer Zone are planted with Native
Vegetation and that there is less then five' ercent of open soil surface which ma
result in erosion.
Subd. 10. Wetland and Upland Buffer Zone Mitigation. In cases where a Wetland
or Upland Buffer Zone alteration is approved by the city and mitigation is reauired. the
mitigation must result in equal or improved Wetland function and value. The following
standards shall apply for any Wetland or Upland Buffer Zone mitigation:
14
al Wetland mitigation shall conform to the requirements of the WCA.
fib) In cases where an approved WCA Permit Application permits Wetland impacts,
Upland Buffer Zones shall be re uired on the fill slope of the impact ut
additional fill shall not be permitted to meet the Upland Buffer Zone requirements
of this section. Instead expansion of the Upland Buffer Zone shall be required
elsewhere along the edge of the Wetland to meet the overall area of the re uq fired
buffer.
(cl The area of Upland Buffer Zone required for Wetlands created subject to an
a 'Droved WCA Permit pplication shall meet or exceed the area of Upland
Buffer Zone which would have been required by this section for the impacted
Wetland.
If Wetland Banking is proposed subject to an approved WCA Permit Application
th
Upland Buffer Zone for the impacted Wetland shall to be replaced by
purchasing it from a Wetland bank if it cannot be replaced on -site Replacement
of the Upland Buffer Zone on -site is strongly r ferr
(el Wetland and U land Buffer Z ne lioll.ntings that are completed for m. t gion shall
meet the vegetative standards in this section.
(f) Upland Buffer Zones may be utilized for Wetland miti ation credits if theyA eet
the requirements of the WCA.
Subd. 11. Variance. A variance from the requirements of this section ma 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 statute or rules
Subd.12. Enforcement.
(a) Investigation. When a violation of this section is either discovered by or brought
to the attention of the city, the city shall immediatel investigate the situation and
document the nature and extent of the violation.
fk) Notice of the Violation. If a violation is found to exist, the city shall notify the
offending party of the requirements of this section all other applicable official
controls and the nature and extent of the suspected violation of these controls. If
the structure or use is under construction or development, the city may order the
construction or development to be immediately stopped until the grope is
brought into compliance with this section. If the construction or development ha
lreadv been completed, then the city may issue an order identifyin9Lbe
corrective actions that must be made within a specified time period to bring the
use or structure into compliance with this section.
15
(c) Appeal. The offending party ma an • eal the citv's correction order to the ci
council An anneal must be brought in writing no later than ten days from the
date of the notice.
(d) Failure to Correct. If the offending party does not correct the work within the
specified date on the notice and no a *peal has been taken within ten da s of the
notice the ci ma enter the pro • erty and perform the corrective work. An
amount incurred by the city in performing the corrective work may be certified b
the city to the county for collection with the property taxes.
(e) Penalties An person who violates any provision of this section shall 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.
f thing contained herein shall prevent the city from taking such other lawful
action as is necessary to prevent or remedy any violation of this section.
including, but not limited toseeking a civil injunction or restraining order.
SECTION III. Medina Code Section 831.05, subdivision 9 is amended by deleting the stricken
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.)
Suli€17-9,Wet-letui-SetbaelES t m of I-0 feet and such setback shall be natural
vegetation but shall not be a mowed and/or fertilized lawn.
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
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.
16
(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.
(0 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.
(g)
Requirements and Figure 1)
SECTION V. Medina Code Section 832.05, subdivision 9 is amended by deleting the stricken
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).
17
Subd. 9. Wetland Setback: Shall be a rninimum of 25 feet for a wetland less than 1 acre and 50
feet for wetlands greater than 1 acre, and such setback shall be natural vegetation, but shall not
be a mowed and/or fertilized lawn.
SECTION VI. Medina Code Section 832.07, subdivision 1 is amended by deleting the stricken
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
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.
18
(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)
f�
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.
Requirements and see Figure 1)
SECTION VII. Medina Code Section 833.05, subdivisions 9 and 12 are by deleting the stfislEen
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.
thall net- .., .. Fne ,, u GL.. ll .] / f ft 7 rl 1
.
Subd. 12. Limitations on Setbacks: No required front yard, side yard, or rear yard anEl
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 str}
material as follows:
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.
19
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.
(f)
(g)
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.
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.
(fir) Wetland Setback (See section titled, Lot, Setback and Building Size Requirements)
20
SECTION IX. Medina Code Section 835.05 is amended by deleting the stricken 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 less than 1 acre and 50 feet for a
Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard or afiEl wetland
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
21
...
Agenda Item: 8
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, Associate Planner; through Planning Director Benetti
DATE: March 6, 2008
MEETING: March 11, 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
Update from February PC
At the February 19th City Council meeting, Commissioner Nolan provided the Council an update
of the previous week planning commission meeting, which included an update of the Bhaysar
CUP request. After brief deliberations by the Council, Mr. Nolan, and Building Official Loren
Kohnen (Metro West Inspection Services), the Council directed staff to investigate and prepare a
report on the surrounding cities' ordinances related to accessory buildings, and present our
findings at the March 3r regular meeting. The report outlined various regulations for accessory
buildings in 7 surrounding communities. The Council also reviewed the three barns/accessory
buildings previously approved under CUP'S, including the Evanson barn at 3072 Willow Drive;
the Schleeter barn at 1585 Medina Road; and the Hasselquist barn at 2705 Willow Drive.
The Council appeared to be very supportive of adding architectural requirements (similar to
Corcoran and Dayton) into our current ordinance, but deferred any decision on a moratorium or
changing the ordinance at this time. The Council did however, express their desire of having the
right or ability to enjoin upon an applicant "reasonable conditions" or requirements before
granting approval of a CUP allowing an enlarged accessory building, which appeared to be
supported by the City Attorney and city staff.
Prior to and after this March 3rd meeting, the applicant submitted updated plans in an attempt to
approach the concerns raised by Commissioners during the Public hearing in February. A
number of windows were added to the building elevations, as well as architectural elements
along the roofline. An overhang divided on two different levels breaks up the appearance of the
south elevation a bit as well. Staff believes there may be a few additional things which could
help substantially break up the massing of the structure such as: faux dormers or some other
architectural elements to break up the appearance of the roofline (or actual dormers which could
also add the benefit of natural light within the structure); differentiating building materials by
using brick, stone (or veneer), or decorative block along portions of the elevations; and/or native
plantings along the side of the structure.
The applicant added an access drive at the request of the fire marshal, and revised the floor -plan
of the lower level of the structure. The applicant also indicated that they may look at alternate
locations which may grant better natural screening to the east. Staff informed the applicant that
the Commission will review what has been submitted, and additional changes may need to be
submitted for review at a future Commission meeting if the applicant wishes to alter the plans.
What follows is the staff report from the February Commission meeting for your reference and
convenience. Most of the information remains unchanged, although a few changes were made
with respect to the updated plans and some Commission direction.
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.
2
i.
The proposed structure includes six horse stalls, hay and feed storage space, and duck pens, and
a shop on the lower level and play area and storage on the upper level. 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
rain -garden 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.
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.
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.
3
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.
ll. 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 April, 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 down -gradient of the proposed work, inspect the existing vegetation, and
perhaps require a plan to vegetate the 20' 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 rain -garden instead of directly into the wetlands on
the property.
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.
4
�% D e s i g n a t i n g s i t e s f o r o p e n s p a c e .
S t a f f h a s r e c o m m e n d e d s o m e p o s s i b l e c o n d i t i o n s b e l o w .
R e c o m m e n d a t i o n
S t a f f r e c o m m e n d s a p p r o v a l o f t h e C o n d i t i o n a l U s e P e r m i t w i t h t h e f o l l o w i n g c o n d i t i o n s :
1 ) T h i s c o n d i t i o n a l u s e p e r m i t a l l o w s c o n s t r u c t i o n o f a n a c c e s s o r y s t r u c t u r e w i t h a
m a x i m u m f o o t p r i n t o f 8 , 4 0 0 s q . f t . i n t h e g e n e r a l l o c a t i o n s h o w n o n t h e p l a n s r e c e i v e d
F e b r u a r y 2 9 , 2 0 0 8 .
2 ) T h e a p p l i c a n t s s h a l l o b t a i n a l l n e c e s s a r y p e r m i t s , i n c l u d i n g a p e r m i t t o d e m o l i s h t h e
e x i s t i n g s h e d a s d e s c r i b e d o n t h e p l a n s r e c e i v e d F e b r u a r y 2 9 , 2 0 0 8 .
3 ) T h e a p p l i c a n t s s h a l l w a r r a n t t h a t t h e b u i l d i n g p r o p o s e d i s f o r p r i v a t e u s e o n l y , a n d t h a t n o
c o m m e r c i a l a n d / o r f e e - b a s e d h o r s e b o a r d i n g o r t r a i n i n g , s t o r a g e o r o t h e r a c t i v i t i e s s h a l l
o c c u r .
4 ) T h e a p p l i c a n t s s h a l l s u b m i t a w e t l a n d d e l i n e a t i o n a c c e p t a b l e t o t h e C i t y E n g i n e e r , a n d
a p p l y f o r a r e v i e w p u r s u a n t t o W e t l a n d C o n s e r v a t i o n A c t r u l e s .
5 ) T h e s t r u c t u r e m a y b e l o c a t e d n o c l o s e r t h a n 3 2 f e e t f r o m t h e e d g e o f t h e w e t l a n d a s
a p p r o v e d b y t h e C i t y , a n d t h e d r i v e w a y m a y b e l o c a t e d n o c l o s e r t h a n 2 0 f e e t . T h e
a p p l i c a n t a g r e e s t o r e d u c e t h e s i z e o f t h e s t r u c t u r e , s h i f t t h e l o c a t i o n o f t h e s t r u c t u r e , o r
a p p l y f o r a n a m e n d e d C U P i f , u p o n r e v i e w o f t h e w e t l a n d d e l i n e a t i o n , t h e w e t l a n d
b o u n d a r y i s f o u n d t o b e c l o s e r t o t h e p r o p o s e d s t r u c t u r e l o c a t i o n .
6 ) T h e a p p l i c a n t s s h a l l a b i d e b y w e t l a n d p r o t e c t i o n r e g u l a t i o n s i n p l a c e a t t i m e o f b u i l d i n g
p e r m i t a p p l i c a t i o n .
7 ) T h e a p p l i c a n t s s h a l l m e e t r e q u i r e m e n t s o f t h e M P C A w i t h r e g a r d t o m a n u r e m a n a g e m e n t
a n d s h a l l i n s t a l l f e n c i n g t o p r e v e n t g r a z i n g w i t h i n w e t l a n d s o n t h e p r o p e r t y .
8 ) T h e p r o p o s e d a c c e s s d r i v e t o t h e s t r u c t u r e s h a l l m e e t t h e s t a n d a r d s s e t b y t h e F i r e
M a r s h a l .
9 ) T h e a p p l i c a n t s h a l l p a y t o t h e C i t y a f e e i n t h e a m o u n t s u f f i c i e n t t o p a y f o r a l l c o s t s
a s s o c i a t e d w i t h t h e r e v i e w o f t h e C o n d i t i o n a l U s e P e r m i t a p p l i c a t i o n .
A t t a c h m e n t s
1 . L o c a t i o n M a p
2 . A p p l i c a n t L e t t e r
3 . P l a n s d a t e d F e b r u a r y 2 9 , 2 0 0 8
5
Subject Property: 2105 Chestnut Road
- Spurzem
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 barn
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 location 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
can 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 barn. 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. Each 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 barn 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,
9di1,s H / 44-1'7 go-tAei�gsG
Abdhish and Mary Bhaysar, cell: 612-839-0711
City of Medina
Official Control Update
DRAFT Work Plan
February 27, 2008
LEGEND
Type of Official Control
District Regulation/Lot Standards
Process/Overlay Regulation
Performance Standards
Responsible Party
Public Participation
Planning Commission
City Council
Week of:
Feb
March
April
May
June
July
August
September
October
November
December
Janua
February
March
Apr
25
3
10
17
24
31
7
14
21
28
5
12
19
26
2
9
16
23
30
7
14
21
28
4
11
18
25
1
8
15
22
29
6
13
20
27
3
10
17
24
1
8
15
22
29
5
12
19
26
2
9
16
23
2
9
16
23
30
6
Establish priorities, work plan.
Prepare conceptual draft Zoning
Map
Uptown Hamel district
Open Space ordinance
Rural Residential district(s)
Private Recreation district
Mixed Use district(s)
Mixed Use -Business district
(excluding Uptown Hamel)
General Business/Industrial
Business district(s)
Commercial district(s)
Sewered residential
districts(s)
Public/Semi-Public and
Institutional district
Reserve and Future
Development Area district
Signage
Parking
Tree Preservation/Landscaping
Fences
Lighting
Sidewalks
Pools
Outside Storage
Floodplain/Shoreland
Subdivision ordinance
PUD ordinance
Staging 'Point System"
Land Use Application/Processes
8' 16'
Bhaysar Barn
i
48'
revised 2.27.07
ARCHITECT
SOUTH
2105 CHESTNUT ROAD
MEDINA, MN 55340
I
CITYDESKSTUDIO
1101 Washington Ave. S. #202
CHRISTIAN DEAN
ELEVATION
8' 16'
i
48'
Bhav$ar Barn
__ _
ARCHITECT
EAST
2105 CHESTNUT ROAD
CITYDESKSTUDIO
ELEVATION
MEDINA, MN 55340
1101 Washington Ave. S. #202
CHRISTIAN DEAN
1333
N
M •
E1TUMiNOUS SURFACE ROAD
1000
OSITE PLAN
—BACK
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= DRIVEWAY EASEMEVI
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1297.41
DGE WETLAND
S DELINEATED
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N 88°18'32" W 1298.88
THE SOUTH TINE OF THE NW 1/4 SEC. '5, T. 118. R. 23
THE NORTH LINE OF SOUTH 1/2 CE THE SOUTH 1/2 OF THE NW I/4 SEC. '5, T. 118, R 23
SET —BA
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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 SEPARATE
CONTRACT. THE ACCURACY OF THIS PREVIOUS
DOCUMENT HAS NOT BEEN VARIFIED BY
CIT'DESKSTUDIO.
A CERTIFIED SURVEY IS TO BE SUBMITTED
SEPARATELY.
ADDITIONAL IMPERVIOUS AREA ADDED PER THIS
CONTRACT: 8,400 SF.
M✓�RIV�-�/J vim.%'`.
NO NEW PAVINGVING D
OR DRIVES PROPOSED WITH 1
THIS WORK.
SET-3ACiF
NORTH
o is --soy
x
.J
1 If
100'
° ,S88°1.
6
x
44 "E
00
66.03
N 88'18'28" W
PROJECT
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA, MN 55415
612.872.2398 1
812.339.4930 f
t w vellydeskstudlo.com
CONTACT: CHRISTIAN DEAN, ALA
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
LIceneed ArcNtecl under the
laws of the State of Minnesota
print name: CHRISTIAN D. DEAN
Cause
Usenseno: 44788 am:
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
REVISION 2.28.08
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
SITE PLAN
Al .0
PROJECT
RE
AMINO WALL
"////1„,-
DUCK BEDDING
STAIR TO MEZZANINE ; j
HAY STORAGE
I I II
TRACTOR IMPLEMEM� DUCK FOOD
I DUCK PENS
TACK ROOM FEED ROOM i '_,
O
OVERHEAD DR.
GROUND FLOOR PLAN
WOOD
ORKING AREA
HALLWAY
OVERHEAD DR.
ACCESS BAY
:HORSESTALL,, 1,
•`
•
O
24'-0'
24'-0'
lcc'-0'
12'-0'
2'_0'
12'-0
t
5'
2
24'-0'
20'-0'
4•-0'
24'-0'
O
O
O
A
O
O
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA, MN 55415
812.672.2398 i
612.339.4930 f
www.clydeskstudlu.com
CONTACT: CHRISTIAN DEAN, AR
NOT FOR
CONSTRUCTION
I hereby certify that Ws plan,
spec81catIon, or repcd was prepared
by me or under my direct supen4ston
and that I em a duly
Licensed Architect under the
laws of the State of Minnesota
pint um: CHRISTIAN D. DEAN
9pneurc
Wxnse nn. 44768 sae:
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
REVISION 2.28.08
DATE:
PROJECT NO,: 2008.03
DRAWN BY:
FLOOR PLAN
A2.0
PROJECT
RETAINING WALL
CANOPY BELOW
1
MEZZANINE' FLOOR PLAN
U�-
b
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA. MN 55415
612.872.239E f
012.339.4930 f
www.citydeskstudlo.com
CONTACT: CHRISTIAN DEAN, NIA
NOT FOR
CONSTRUCTION
I hereby certify that this plan,
specification, or report was prepared
by me or under my direct auporvislon
and that I am a duly
Licensed Architect under the
laws of the State of Minnesota
Prim name: CHRISTIAN D. DEAN
epees:
Hansa no: 44788 des:
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
REVISION 2.28.08
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
MEZZANINE PLAN
A2.1
PROJECT
70'-O•
15'-Y
OEASTELEVATION
II
II
I I
CONCRETE RETAINING WALL
- CANOPY
- INSULATED OVERHEAD DOOR
7C'-0'
20' -0' ff.' -0°
F.77i
120'-0'
0 NORTH ELEVATION
24'4°
GENERAL NOTE:
PRE -FINISHED METAL SIDING BY METAL BUILDING
SUPPLIER.
OVERHANGS AND CANOPIES BY METAL BUILDING
SUPPLIER.
ALL DOORS BY METAL BUILDING SUPPLIER.
SKYLIGHTS
24'- 0'
24'-0'
„e_ l' -2'
CANOPY
INSULATED METAL DOOR
0 WEST ELEVATION
CANOPY
}ri
N7
\ -...... .
-...,.__
\ -- - - CONCRETE RETAINING WALL
\
'KEYSTONE' LANDSCAPE
RETAINING WALL
- INSULATED OVERHEAD DOOR
'Tr
Et= !,
TOrmliz
4
Ir !I
I —11 11 l!
SOUTH ELEVATION i,
VENTILATING WINDOW @
HORSE STALLS
Tr717117 ,
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA, MN 55415
612.872.239E t
612.339.4930 f
sway.citydeskstudloscorn
CONTACT: CHRISTIAN DEAN, AK
NOT FOR
CONSTRUCTION
I hereby certify that this plan,
specification, or report wea PmPeted
by me or under my direct supervision
and lhat I am a duly
Licensed Architect under the
laws of the State of Minnesota
print name, CHRISTIAN D. DEAN
Plunaiurs:
Itteneen. 44768 debt,
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.05
REVISION 2.28 05
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
ELEVATIONS
A3.0
PROJECT
GENERAL NOTE:
FINAL DESIGN AND CONFIGURATION OF
OPENINGS TO BE CONFIRMED. DOCUMENT
INDICATES GENERAL STRUCTURE SIZE AND
FOOTPRINT.
70'-O"
14'-Ob"
-
20°-0"
MEZZANINE STRUCTURE.
STEEL FRAMING WITH A
COMPOSITE CONCRETE DECK.
18 K5 BAR JOIST if# ZS" O.C.
Wf. I" METAL DECK+2' REINF.
f--- W6X31 OR
TS 6X6 X 5/16
l PLAY AREA
20'-0°
14A'
W16X36
PRE-ENGINEERED STEEL
STRUCTURE
PRE -FIN. CURROGATED METAL
ROOFING AND SIDING AND
SECONDARY FRAMING BY
PREENGINEERED BUILDING
SUPPLIER.
HORSE STALLS
OPTION PRE -FABRICATED OR
CUSTOM BUILT ON SITE..1
l
5' 4°
OBUILDING SECTION
4°-6°
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE S.
SUITE 202
MINNESOTA, MN 55415
612.872.2398 t
612.339.4930 f
www.cltydeskstudlo.com
CONTACT: CHRISTIAN DEAN, AIA
NOT FOR
CONSTRUCTION
I hereby certify that Blls plan,
specification, or report was prepared
by me or under my direct supervision
and that 1 am a duly
Licensed Archttect under the
laws of the Stele of Minnesota
OM name: CHRISTIAN D. DEAN
alpnaum:
Ikense no: 44768 dam:
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
REVISION 2.28.08
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
BUILDING SECTIONS
A4.0
PROJECT
C "-)
I
cU
2'
INSULATION BY METAL
BUILDING SUPPLIER
86 HORIZ.09 12. O.C.
66 VERT/HOOKED DOWEL 09 8"
O.C.
64 @W O.C.
46 X 101-6" @ 8. O.0
7- N6 CONT.
1
1
I
I
I
I
i
VV. -A,eassfste.o-
GENERAL NOTE:
FINAL DESIGN AND CONFIGURATION OF
OPENINGS TO BE CONFIRMED. DOCUMENT
INDICATES GENERAL STRUCTURE SIZE AND
FOOTPRINT.
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SURE 202
MINNESOTA, MN 65415
612.872.2398 t
612.339A930 f
v mv.Utydeakstudio.com
CONTACT: CHRISTIAN DEAN, AIA
NOT FOR
CONSTRUCTION
1 hereby certify that cols plan,
specification, or report was prepared
by me or under my direct supervision
end that I am a duly
Licensed Architect under the
laws of the Slate of Mnnesole
seems CHRISTIAN D. DEAN
Kaman.
awn no, 44788 btu
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
WALL SECTIONS
WALL SECTION
1/2'=I'-D".
OWALL SECTION
2
A4.1
PROJECT
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ROOFTOP
'CUPOLA'
T.O.
PARAPET
AVERA
GRADE
Z J
0 16' 32' 64'
OSITE SECTION DIAGRAM - NORTH SOUTH SECTION
PRINCIPAL STRUCTURE
OSITE PLAN REFERENCE DIAGRAM - EAST -WEST SECTION
2
DIAGRAMMATIC OUTLINE OF
PRINCIPAL STRUCTURE
APPROX. GRADE ft SECTION
CUT
NEW PRE-ENGINEERED METAL
BUILDING.
EXISTING SHED FOR
REFERNCE
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
CITYDESXSTUDIO.
MEZZANINE LEVEL WITHIN
BARN
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA, MN 55415
812,872.2396 t
612.339.4930 f
Www.Wtydeskstudlo.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
settee. CHRISTIAN D. DEAN
swum
neeme su 44788 dam,
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
PRELIM. PRICING 2.14.08
REVISION 2.28.0
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
SITE SECTION
A4.2
PROJECT
OFRAMING PLAN
TYPICAL STRUCTURAL BAY
DESIGN FOR MEZZANINE
"I^
24'-n'
/ /';/ /7,
i
(n..1
T•
(
T
\ 8,6°X 8'-e^X1r
DEEP FTG. Wl7-A5
--\ X WC° EA. WAY BOT.
24'-0"
120'-0^
/7////,;
//
/////,%//
���i��/0
i
^<
0
4
24"-0,
J�
LI
24'-0°
(Z)
I
s
BHAVSAR BARN
2105 CHESTNUT RD.
MEDINA, MN 55340
ARCHITECT
CITYDESKSTUDIO, INC.
1101 WASHINGTON AVE. S.
SUITE 202
MINNESOTA, MN 55415
612.872.2398 1
612.339.4930 f
wew.cllydeskatudio.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
Pint nuns: CHRISTIAN D. DEAN
.Ipwure:
Ynnam. 44768 dor
REVISIONS
CUP APP. 1.14.08
CUP APP. REVISIONS 1.25.08
REVISION 2 28.08
DATE:
PROJECT NO.: 2008.03
DRAWN BY:
MEZZANINE FRAMING PLAN
S2a0