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06-10-2008
f P; Cci)y CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, JUNE 10, 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 May 13, 2008 Planning Commission draft minutes 6. Greenwood Stables LLC — Sara G. Hogan — 1982 Hamel Road (PID #10-118- 23-42-0001) - Conditional Use Permit and Variances to the side yard setback requirements to replace existing barn with a new 18,996 square foot private horse barn/indoor riding arena (Continued Item — Closed Public Hearing). 7. Public Hearing - Hennepin County Public Works Facility -1600 Prairie Drive (PID 10-118-23-12-0003 and 10-118-23-11-0004) — Planned Unit Development Amendment General Plan for the construction of a Wind Turbine with a height of 80 meters (or 262 feet) to the top of the tower and a 369 foot in height wing span. 8. Continued Public Hearing - Ordinance Amendment to Chapter 8, Section 834 of the City's Zoning Ordinance — Pertaining to regulations related to Uptown Hamel District. 9. Construction Site Storm Water Runoff Control Ordinance — Request for Recommendation from Planning Commission — (No Public Hearing) 10.0pen Discussion Items a) Rural Residential Zoning District Standards and Accessory Structure Standards. b) Affordable Housing Policy 11. Future Meeting Information 12. Adjourn Posted in City Hall May 28, 2008 Updated June 6, 2008 MEMORANDUM TO: City of Medina Planning Commissioners FROM: Tim Benetti, Planning Director DATE: June 10, 2008 RE: Planning Department Report and Updates Land Use Applications; Developments, Projects; or Planning Issues: A) Wetland Ordinance: the final Wetland Ordinance has been published and is now in effect. B) Walter G. Anderson — 4535 Willow Drive: City Council approved separate Resolutions of Approval at the June 3rd meeting. Revised resolution regarding the previous approval of vacated Willow Drive will be presented at the June 17th meeting. C) Bill Nunn/Skyrock Farms - CUP — 2825 Willow Drive: City Council approved the preparations of resolutions to be considered at the June 17th meeting, with added or revised conditions related to manure removal, storm water runoff designs, and submitted architectural drawings of the new building addition. D) Randy & Sara Hogan, 1982 Hamel Road: a CUP request for an 18,900 sq. ft accessory structure, plus a variance to animal structure setbacks and height was reviewed by the Planning Commission at the May 13th PC meeting; PC tabled the item to allow applicants time to revise site plan (moving the barn to meet setbacks) and present new plan at the June 10th regular meeting. E) Three Rivers Park District, Baker Park Reserve Near -Wilderness Campground: the CUP requesting approval to construct up to 12 sleeper cabins was approved by the Council at the June 3rd regular meeting. F) Hennepin County Public Works —1600 Prairie Drive: Planning Staff received and currently reviewing updated plan submittals from Hennepin County for a PUD Amendment requesting the installation of a 262-ft. high (369-ft. blade span) wind turbine tower at the HC Public Works site. Scheduled for tentative review at the June 10th PC meeting. G) Erickson Retirement Communities - Elm Creek Golf Course (City of Plymouth): ERC is conducting two public information meetings for the general public on Thursday May 22nd and Thursday, May 29th at 7:00 PM, at Plymouth Creek Center, located at 14800 — 34th Avenue North, Plymouth, MN. Erickson intends to provide an update on their proposed senior living/retirement center development on the existing 105 acre ECGC site. Planning Director Benetti will be attending the May 29th meeting. Any information or plan revisions to the site will be made available. Planning Dept. Update Page 1 of 2 Planning Commission 2008 H) Community Growth Options-1000 Friends of MN Grant Application: City staff completed and submitted the CGO-1000 Friends grant application. Resolution of support from the city was approved at the June 3, 2008 regular Council meeting. I) Uptown Hamel Zoning District Standards — City staff presented the initial Draft version of the updated Uptown Hamel Zoning standards and regulations, along with a proposed zoning map boundary change, to the Planning Commission under public hearing at the May 13, 2008 regular meeting. Item was discussed, and tabled to allow for staff to conduct an open house with the stakeholders inside the district boundaries. Open House is scheduled for Monday, June 2, 2008, from 4:30 to 6:30 PM, Hamel Community Building. Staff intendsto readdress the district regulations at the June 10th meeting under a continued public hearing. J) Rural Residential and Accessory Building Standards: City staff will conduct an "open discussion" only with the Planning Commission at the June 10th meeting; whereupon staff will schedule an open house and invite all Rural Residential district stakeholders to discuss the potential changes to the district and related standards. More information on this open house will be announced under future planning department updates. 2010-2030 Comprehensive Plan Update A) City staff completed partial presentation of Plymouth's Comp Plan at the May 20th workshop; Planning Director and City Administrator prepared a review memo for City of Plymouths consideration, which was presented and approved by the Council at the June 3rd regular meeting. City staff reviewing City of Maple Grove's and City of Loretto's comprehensive plans; tentatively scheduled for presentation at the June 17th Council workshop. [Medina Comp Plan Reviews Received to Date: City of Maple Grove; City of Long Lake; Elm Creek Watershed District; City of Loretto] Planning Dept. Update Page 2 of 2 Planning Commission 2008 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes CITY OF MEDINA PLANNING COMMISSION DRAFT Meeting Minutes Tuesday, May 13, 2008 1. Call to Order: Chair Jeff Pederson called the meeting to order at 7:00 p.m. Present: Planning Commissioners Jeff Pederson, Michele Litts, Charles Nolan, Robin Reid, Victoria Reid, and Jim Simons. Mary Verbick (arrived 7:07 p.m.). Absent: None. Also Present: Planning Director Tim Benetti, Associate Planner Dusty Finke and Planning Assistant Debra Peterson -Dufresne. 2. Public Comments on Items not on the Agenda No public comments. 3. Update from City Council Proceedings • Liz Weir, Council member presented the City Council Update; The Council has approved general obligation bonds for street improvements in Uptown Hamel; 1.6 million dollar bid accepted to improve aged sewer, paver sidewalks, trees and other landscaping, lighting, overhead utilities; • A wetland protection ordinance was approved with changes; • A vacation of City right-of-way along Tamarack Drive across Elm Creek marsh was approved; • Holy Name Variance application was denied as recommended by the Planning Commission; • $1000.00 was accepted for a park bench in Hamel Legion Park; • A CUP for Bhaysar property was approved along Chestnut Road; • The Council directed staff to look at revising the accessory structure chapter to link the size of an accessory structure with the size of the lot; • The Council discussed the German Liberal Cemetery and will hold a public hearing to discuss it at their next meeting; • The Council thanked volunteers for City Clean -Up Day and the trees donated to the City for its Parks. 4. Planning Department Report Finke presented the following items to the Planning Commission: 1. Wetland Ordinance: the Wetland Ordinance was reviewed by the City Council at the May 6th regular meeting; Council recommended a number of revisions and directed staff to bring the final draft version to the May 20th regular meeting. 1 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes 2. Bhaysar CUP — 2105 Chestnut Road: the City Council approved the resolution of approval for the CUP allowing the new 8400 sq. ft. accessory structure to the Bhaysar residence, subject to minor modifications of conditions. 3. Walter G. Anderson — 4535 Willow Drive: the site plan, variance and conditional use permit to allow a 4,800 sq. ft. and 9-space parking lot at the WG Anderson facility, along with a Preliminary and Final Plat to combine two unplatted parcels, which were all recommended for approval by the Planning Commission at the April 8th meeting, was scheduled to be considered by the City Council at the May 6th meeting. However, due to potential title commitment issues related to the final plat; the item was postponed until the May 20th regular Council meeting. City Attorney and staff believe this issue has been resolved and intend to present the development plan and plat at the May 20th meeting. 4. Hennepin County Public Works —1600 Prairie Drive: Planning Staff is currently reviewing for completeness a resubmittal of a request from Hennepin County for a PUD Amendment allowing the installation of a 262-ft. high (369-ft. blade span) wind turbine tower at the Hennepin County Public Works site. Scheduled for tentative review at the May 13th PC and June 2nd CC meetings. City Council suggested (at the end of the May 6th meeting) that city staff should consider preparing new wind turbine ordinance or regulations when working on the official controls later this year. 5. Accessory Building Standards: Due to a concerns raised by Councilor Smith at the May 6th meeting, the City Council directed City planning staff to begin work immediately on accessory building standards and update the current zoning ordinance. Planning staff intends to bring these standards back for review at the June l Oth regular meeting. 6. Hamel Station: The contractors for United Properties are completing soil corrections and grading work; also finishing the underground utility work and other misc. site preparations. 7. Medina Townhomes/Amber Sky Project (Stauber &/Roasti): The owners have submitted their final agreements and hope to begin work later this month. City Council Discussion Items and Related Issues: 1. Tamarack Road Vacation Issue: This item was presented to the City Council under public hearing at the April 15, 2008 meeting, whereupon considerable discussion and debate, the Council tabled the item to the May 6th. meeting. At this meeting, the Council selected Option No. 3 of the City Administrator's report, which essentially keeps a 700-ft. section coming off Hamel Road intact; vacating the segment between this 700-ft. section to the south property lines of the Wessin/Jubert properties, but receiving 20-foot drainage and utility easements on each side; and retain an existing 33-ft. wide cart -way easement situated between the two properties addressed as 1302 Blackfoot and 3132 Tamarack. 2. Hamel Road Reconstruction Project: City Council adopted resolution at the May 6th meeting awarding this project to Geilsinger and Sons, which includes the base bid, Alternate 2 and Alternate 5 bids, in the total amount of $1,595,814.66; plus directed Staff to present a change order for additional brick pavers in the amount of $17,845.00 to be presented at the May 20th meeting. The Council elected not to take any action or decision at this time on the 2 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes proposed light pole banners, brackets or additional electrical outlet work. The contractors indicated their desire to begin work within the next two weeks. 3. German Liberal Cemetery: the Council considered a request from the German Liberal Cemetery Association to have the City take over the ownership and management of the German Liberal Cemetery off Hamel Road. No action was taken at this time and Council directed City staff to provide more information and update at the June 6th or 20th regular meetings. 4. Open Space Ordinance: City Admin. Adams indicated Embrace Open Space representatives are willing to provide assistance to City staff in the preparation of our proposed Open Space Ordinance, but wanted to know if the City wanted the ordinance to be as an "Incentive Based" or "Regulatory Based" ordinance. Council briefly discussed these options and concluded an incentive based would be preferable. Mr. Adams will be following up with Embrace OS representatives. 2010-2030 Comprehensive Plan Update A) City staff has completed the review of the City of Plymouth's Comp Plan. Planning Director will be presenting a PowerPoint presentation on the review, including key elements, issue and concerns at the March 20th Council workshop. City has also received the City of Maple Grove's comprehensive plan. Staff is performing internal review; scheduled for presentation at the May 20th Council workshop as well. [Comments on our Plan received to Date: City of Maple Grove; City of Long Lake; Elm Creek Watershed; Minnehaha Creek Watershed.] Roberts Rules of Order: Finke updated the Commission on Roberts Rules of Order and answered questions of the Commission. 5. Approval of April 8, 2008 Planning Commission Minutes Motion by Verbick, seconded by R. Reid to approve the April 8th 2008 minutes with changes as noted. Motion carried unanimously (Absent: None). 6. Bi11 and Diane Nunn — 2825 Willow Drive (PID# 16-118-23-14-0005) — Conditional Use Permit to construct an addition to an existing accessory structure (Tabled from April 81 2008 regular meeting). Nolan excluded himself from discussion and motion. Finke presented the application and noted that the item was tabled in April. He stated that since the last meeting the applicant submitted renderings, photos and plans and has increased the height of the building two additional feet. The manure management plan was reviewed and inspected by Betsy Wieland, the Hennepin County Agriculture Extension Educator with the 3 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes University of Minnesota Extension, since the last meeting. He also informed the Commission that staff consolidated all conditions of existing CUP's on the property into one CUP. Pederson asked about manure management for the property. Finke stated that the extension service indicated the soils were well compacted with a clay type soil, which in many cases can be utilized instead of a cement surface, subject to additional testing. He informed the Commission that they could recommend cement as a condition of approval. He also mentioned that run-off was reviewed with the extension service and that the entire site did not run through the manure pile, though the site will require some grading and pipe installation to divert drainage. V. Reid questioned the discrepancy of hard coverage within the staff report. Finke clarified that it was taken from last months report and shouldn't be in the new staff report. R. Reid asked why the manure was moved every six months. Finke said it was a suggested amount of time from original CUP. Simons asked about comparable locations for manure management and Finke responded that Alpine composts. Simons asked about formalizing it and Finke said we'd have an opportunity to discuss it through the zoning ordinance revisions this year. Nunn, the applicant, said it was nice to post -pone the application to be able to meet the Commissioners on -site and to see how hard they really work. He indicated that his manure piles move every two months due to lack of space. The main issue is that when it rains into the manure pile the rain will not absorb completely through the pile. He also noted that dirt is hauled in periodically to replenish the base. R. Reid asked about the condition of notifying the City if over 25 people are going to their property. Nunn informed the Commission that he has a large family and it was common to have over 25 people to his house and that he always calls the City prior to a gathering. Verbick explained that the condition requires the owner to notify the City if they are having an event with more than 25 people. Charles Nolan, neighbor, explained he directly abuts the subject property and explained he does not oppose the project. His concern is run-off and water quality. He explained he owns the marsh abutting the property and is concerned with water quality and the potential impact of the on -site manure. He is not familiar with manure management, but is happy to know that the rain falling directly onto the manure piles will not absorb entirely through the piles. He expressed his desire for the Commission to require a more permanent solution to contain the manure rather than replacing the dirt base as it reduces. He is also concerned with the areas that are not listed as paddocks, yet are heavily worn; and the hillside is cut of all vegetation, which has potential for erosion. Finally, he commented that the Commission requested a landscape plan for the meeting and it was not submitted. Public Hearing opened at 7:35 p.m. 4 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes Elizabeth Weir, Council member, reviewed the conditions in the staff report requesting 1) that condition 16 include an object within the sentence; 2) "containment area shall be replaced with "basin -pond" in condition six; 3) require manure removal every month; and 4) that condition 18 and 23 be consolidated since they appear to be similar in language. Public Hearing closed at 7:42 p.m. R. Reid commented that condition four should only pertain to business related events and that family events should be excluded. She requested the manure be removed off -site at least four times a year (every three months) and that condition six should be more specific as it pertains to the extension service. She also would have liked to see a landscape plan. Verbick asked about manure management and how it relates to the number of animals and the amount of manure generated to help clarify how frequent the manure should be removed off - site. Finke said that it was a good question and that the extension service can help quantify the space needed for the storage of manure and review the manure location. Verbick questioned how the City would oversee manure management plans. Finke responded by saying that the Commission may add a condition within the CUP to control the amount of times per year manure should be removed and how the manure should be contained while on - site. Verbick said she is concerned with water quality and asked if the City had ordinances to control the use of chemicals. Finke stated that the State does have laws pertaining to chemicals but the Commission could add a condition within the CUP. Pederson indicated that he preferred the manure to be contained and that he is concerned with road restrictions and the applicant's inability to haul manure off -site during certain months of the year. V. Reid said she is concerned with disposal of toxic waste. Nunn, the applicant, stated they do very little painting and some heat striping, which is not any different than what is used in a typical household. V. Reid further stated that it would be good to specify manure management conditions within the CUP. Litts said she's in agreement with the Commission. Simons said he'd strongly prefer concrete for the containment area and the road restrictions are also an issue to consider. He suggested the Commission put an exception within the condition that they can not haul manure off -site during the months of the year that roads are posted restricting weight of trucks. Simons asked if scraping the ground while loading manure is taken into account. Finke stated that scraping is more than likely not taken into consideration. 5 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes Verbick stated that by using concrete it would not allow the manure to filter outside of the containment area. If concrete was not used and the soils are clay, it would slowly filter and she is fine with either option. R. Reid would like to come to a consensus about the number of times a year the manure should be hauled off -site and suggests four times a year. Simons stated he was fine with four times per year. Verbick stated we should take into account what we've done with other horse owners and have some consistency. Nunn said they would haul their manure off -site as often as the Commission would like. Finke stated that hauling off -site every three months may be a good recommendation. Finke pointed out conditions six and seven to the Commission. Pederson asked if anyone had questions related to architecture of the building. Commissioners had nothing to add. Motion by V. Reid, seconded by Simons to recommend approval of the Conditional Use Permit subject to; 1) road restrictions shall be included in the condition; 2) the applicant shall satisfy the recommendations of the extension service; and 4) the applicant shall not be required to notify the City of family gatherings that exceed 25 people. Motion carries unanimously (Absent: none). 7. Public Hearing - Greenwood Stables LLC — Sara G. Hogan —1982 Hamel Road (PID #10-118-23-42-0001) - Conditional Use Permit and Variances to the side yard setback requirements to replace existing barn with a new 18,996 square foot private horse barn/indoor riding arena. Finke presented the application describing the site, building details, and that the existing accessory structure was built in 1978 and rezoned in 1980. He also informed the Commission that the criteria for CUP's was in the staff report and proceeded to explain the Variance Criteria. R. Reid asked if the City issued variances for the Hasselquist barn. Finke replied no. Simons asked if the current structure was taller than the home. Finke replied yes. Sara Hogan, applicant, and Aaron Fritzke, Ram Buildings Inc., introduced themselves. Randy Hogan, applicant, explained that he wanted his wife to be able to ride year round and needed a larger riding arena to ride hunter/jumper. He feels they are reducing the intensity of the use by constructing 13 horse stalls initially with the option to add two more stalls (total 15 stalls). He informed the Commission that he spoke with neighbors in the area and all indicated they were on -board with the proposed barn as presented. He reviewed the exterior elevations of the 6 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes existing and proposed barns, further explaining the aesthetic improvements compared to the existing structure. He also informed the Commission that his business involved water quality and open space and would be happy to make sure that what they are proposing takes these items into consideration. In terms of the CUP he felt they meet the criteria. He reviewed the conditions of the Variance and the "Medina Zoning Ordinance Intent and Purpose" explaining how his proposal would not be detrimental to the neighboring properties. He explained to the Commission that they could move the building to be set back 50 feet along the side yard and they could also reduce the height to its original height. He said they could downsize the barn but would prefer not to reduce. He feels they are reducing the use of the property with this application and they currently have eight horses to board. Pederson asked the applicant if he had any questions of the Commission. V. Reid asked what the barn would look like if reduced to the 18,000 square feet. R. Hogan reviewed the exterior elevations and what it would look like with less square footage. Nolan asked why so many stalls. Ms. Hogan said they will not be living on the property but have eight horses to board. They will have a caretaker living on -site and the caretaker has two horses of their own to also board. They would also like to purchase brood mares in the future and would like the option for the additional stalls. Public Hearing opened at 8:30 p.m. Public Hearing closed at 8:30 p.m. Nolan asked what it would take to move the existing building. Randy Hogan commented that the riding surface that they need is different than what currently exists. Aaron Fritzke, the contractor stated that the existing post footings could not be utilized since they are deteriorated. Nolan asked about shifting the building 50 feet and R. Hogan stated they could shift it. He further stated that the existing water well would not be impacted if they were to revise the setback. The main reason their proposal does not meet setback requirements is so they can retain the natural pasture that exists currently. Verbick said she feels strongly that the Commission should follow the Variance Criteria for review of a Variance request. Pederson reviewed the Variance Criteria and the option of moving the building 50 feet with the Commission. Verbick asked the applicant if they have looked at moving the structure to meet setback requirements. R. Hogan responded that he feels that the proposed location is better for the environment rather than establishing a new hard -surfaced area. Nolan asked the applicant about the riding arena and horse area of the barn and their specific dimensions. 7 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes Finke stated staff has interpreted an arena as an "animal structure. He further explained that if the applicant hadn't increased the height of the barn from the existing barn height that he would still need a Variance. Simons asked what the difference in height of the barn and house were and Finke stated that there is approximately a 3 foot difference between them. He asked the applicant where they would relocate the barn if the Commission recommended a change. Randy Hogan indicated it would be to the east. R. Reid understands the applicant's request to utilize the existing area that is already impacted, but the Variance Criteria just doesn't meet the minimums in her opinion. Verbick informed the applicants that she appreciated the request to use the compacted areas and that they also informed the neighbors of the project, but unfortunately feels the proposed application as it is presented does not meet the Criteria needed to grant a Variance. Nolan agrees with the Commissioners. Pederson stated the property offers other locations for such a structure that would not require Variance. Given the proposed application, approving a Variance is not appropriate. V. Reid stated she would like to think of a way the application could work but doesn't see how. She said she would be alright with the Variance if it was for the same height and square footage as the existing building. She would be fine if the new structure was moved in a different location to meet setback requirements and would support a height Variance given the current height of the existing home. Litts stated she understands the need for such a structure, but feels it should be moved to meet the setback requirements. Simons thanked the applicant for a complete application. He said that it really helps the Commission to better understand the application when the plans are thorough; however, he doesn't feel the application as presented meets criteria for a Variance. Nolan requested that when staff and the Commission look at future ordinance revisions, staff look closely at how it restricts the height of an accessory building in relationship to the existing house. He wouldn't want to allow an accessory structure taller than a house on the same property. R. Reid is not comfortable with allowing 13 horse stalls for a family operation. She also feels that the proposed square footage is a lot to grant, but supports the proposed length of the building. Verbick said she does not have a concern with the number of horse stalls and doesn't feel it is out of character for Medina residents and for the size of the property. Finke suggests it may be best to table the application and give the applicant time to revise their plans with a change in setback. R. Hogan said that he would be fine with revising the plans 8 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes and going back to the Commission if it means he will get their support prior to going to the City Council. Motion by R. Reid, seconded by Nolan to table the CUP and Variances to give the applicant time to revise their plans so that the building meets setback requirements. Motion carries unanimously (Absent: None). 8. Public Hearing — Three Rivers Park District — Baker Reserve Campground — 2309 County Road 19 (PID #18-118-23-11-0002) — Conditional Use Permit Amendment for the construction of 12 camper cabins. Peterson -Dufresne delivered a brief staff report. She stated that four camper cabins would be constructed as identified on the site plan. The remaining eight cabins would be placed in the future somewhere within the campground after input is received from campers. She also indicated the applicant seeks approval to construct the remaining eight cabins, giving Planning staff authority to review when applying for building permits. She further explained the cabins would be located in place of two campsites, raising the total number of campsites from 210 to 212. She described the cabins. She stated the Park District limits their development to 20% of the total park area. The entire campground is considered "developed" already, so the construction of these cabins would not impact that percentage. Alex Meyer (Park District) stated they are running a test program. The future locations may be in more of the remote portions of the campground, which are currently used as group camp areas. He stated that if they determine there is a demand for the cabins outside of Baker Park, that they realize they would need a CUP Amendment. Pederson inquired if there would be water in the cabins. Meyer replied there would not be water, or cooking in the structure. The electricity is for lighting and baseboard heating. The cabins will be insulated and could be used year round if there was demand. Nolan inquired if the cabins would change bathroom needs and so forth. Meyer stated that the change in usage (amount of people) is relatively limited. Nolan inquired if the Park had a timetable for the future sites, because he does not like open ended approvals. Meyer stated that part of it is going to depend on the study, and also economic considerations. He said that as far as going through the process again, they may only come back with one at a time. Verbick inquired if anyone would have a problem if they were asking for 12 within the campground. Nolan stated that he wants to be flexible, but that it shouldn't be allowed without an end date. Benetti explained that the CUP goes with the property if 12 cabins were approved through the CUP. Simons stated that he was comfortable with the project. He suggested making it explicit that the future cabins have to be the same, and to also add the sunset provision. Litts said she concurs and stated that her kids would probably like to go camping there. V. Reid inquired if the eight future cabins would be located within the campground. She stated that she doesn't find it necessary to have a sunset clause. 9 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes Pederson inquired why there wasn't landscaping identified in their proposal. Meyer stated that they weren't destroying any vegetation and they may plant some buffers between the sites, if the survey indicates a request. He said they could certainly plant some extra trees in the campground if that were a recommendation of the Commission. Pederson inquired about grading and how elevated the structures would be. Meyer stated that there were two steps, and they were trying to get the slab as close to existing grade as possible. Verbick stated that she thinks the camper cabins are great. She stated that her son had lived in one in the Near Wilderness site for a summer and enjoyed spending time there with him. R. Reid suggested that the recommendation specify that the remaining cabins have to be placed within the existing campground. Public Hearing opened at 9:43 p.m. Public Hearing closed at 9:45 p.m. Motion by Verbick, seconded by Nolan to recommend approval of the CUP Amendment adding language to 1) require the eight additional camper cabins be located within existing camping sites in Baker Park Campground within 5 years from the date of adoption of the CUP and; 2) require the eight additional camper cabins be consistent in design as the first four cabins, or a CUP Amendment shall be required. Motion carries unanimously (Absent: none). 9. Public Hearing - Ordinance Amendment to Chapter 8, Section 834 of the Citv's Zoning Ordinance — Pertaining to regulations related to Uptown Hamel District. Finke presented the Uptown Hamel ordinance explaining that staff will have an open house for property owners impacted by the change in June. He further explained that property owner comments will then be presented at the June 10, 2008 Planning Commission meeting. He explained that Uptown Hamel is proposed to be divided into two districts (UH-1, Requires Residential and MU-B, Mixed Use Business) and discussed the listing of uses. V. Reid asked if the comprehensive plan is driving the ordinance change, or if it is to create a community. Finke stated the comprehensive plan is a factor. V. Reid stated that if one of the goals is community, then it is important to select the uses for this area that welcomes pedestrian traffic and meet daily needs of residents. She also felt the ordinance needs another layer. Finke explained the ordinance was designed on the premise of an "old town" feel. Verbick asked if the intention was for some retail uses. Finke responded yes. Liz Weir commented that it may be important to go back to having a city environment in this area. Finke asked the Commission how they would like the uses to be listed within the district. Simons asked staff what their professional preference was. Finke and Benetti replied they preferred not listing the uses, but to have a general use section. 10 Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes Liz Weir explained the history of how the original district was created and that they just picked from a list of uses at the time they were creating the district. Finke explained that communities he surveyed are split 50/50 in how they list uses within each Chapter. He stated that the City attorney recommends general language. Finke requested feedback on what to do with existing single family homes that would have the capability of developing 10 units per acre. He explained there is a number of ways to deal with the issue, such as prohibiting reconstruction of single family homes or allowing some flexibility as it relates to non -conforming uses and or structures. Finke explained that in 2002 a single family home was allowed as a permitted use. He suggested an Interim Use Permit (IUP) be an alternate option for the existing single family homes within this area. If the Commission wanted an IUP to apply to single family homes and a property owner wanted to expand, they would need to go through the IUP process similar to a CUP process for approval, or it could be done administratively. Nolan asked if an IUP restricts rebuilding of a home if it has a fire or if the owner wants to refinance. Finke stated that he would research further and bring additional information back to the June 10, 2008 meeting. Finke explained the existing concern with canopies/overhangs within City right-of-way and how they impact right-of-way improvements. He recommended the structural support to the overhangs/canopies not be within the right-of-way as they currently exist. V. Reid asked who will staff be meeting with at the open house and Finke responded by stating it would be business owners and possible stakeholders. Nolan asked if the City could hire an architect. Liz Weir responded stating it was not in the City's budget. V. Reid suggested the possibility of getting a volunteer architectural designer. Finke explained to the Commission that the drive -through regulations were adjusted. He further informed them that the implementation section of the existing ordinance was removed. The implementation section indicated that the City would provide assistance and services for development of the area, which was not accurate. Public Hearing opened at 10:31 p.m. Simons gave his opinion that he prefers a list of uses rather than a general use statement when outlining the type of uses for each district. Benetti stated he has worked with itemized lists, but feels comfortable to generalize the use sections instead of listing them out separately. Finke asked the Commission if they were in support of using two districts rather than one. The consensus of the Commission was to support the itemized method, and Nolan suggested the City also provide incentives. Nolan suggested a municipal lot be established for parking, and each business should donate money towards the development of it. Medina Planning Commission DRAFT May 13, 2008 Meeting Minutes V. Reid mentioned using the alley behind each business for parking, which is the old town type of look. Liz Weir mentioned the memory care center and the issues that had arisen with parking. R. Reid indicated the City would need an overall plan regarding parking for this area. Finke clarified the parking ordinance as it was written. Finke asked for consensus on whether to allow or not to allow canopies within the public right- of-way. The consensus of the Commission was to keep the canopies out of the City right-of- way. Public Hearing continued at 10:50 p.m. 10. Future Meeting Information Finke informed the Commission that September 9th, 2008 will be primary day, which is a Planning Commission meetinT date. Finke suggested the new date for the meeting be moved to Wednesday, September 10t , 2008. Motion by Veiberk, seconded by Litts to approve Wednesday, September 10th, 2008 as the new meeting date for the month of September. 11. Adjourn: Motion by V. Reid, seconded by Verbick to adjourn at 10:55 p.m. (Absent: None). 12 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: June 4, 2008 MEETING: June 10, 2008 Planning Commission SUBJ: Greenwood Stables (Sara Hogan) —1982 Hamel Road — Variance and Conditional Use Permit for construction of a horse barn Application Deadline Original Application Received: April 15, 2008 Complete Application Received: April 29, 2008 120-day Review Deadline: August 27, 2008 Update from May PC Meeting At the May 13 meeting, the general consensus of the Commission appeared to be to recommend denial of the setback variance to locate an 18,740 S.F. accessory structure 41 feet from the western property line. The applicants (Hogans) stated that they would propose an updated location for the structure that meets animal structure setback requirements. The Commission tabled the application to allow for this change. The applicants have submitted updated plans with a new location very close to the center of the lot. The location meets setback requirements and is much less visible from Hamel Road. Engineering have expressed a few comments regarding the new location, but they have said their comments can be added as conditions prior to a building permit being issued. Overview of Request Sara Hogan has requested approval of a conditional use permit and a variance to construct a horse barn at 1982 Hamel Road. The existing large structure would be demolished and the new structure placed more towards the center of the lot. The proposed structure is approximately 2,500 square feet larger and approximately the same height as the existing structure. The structure is proposed for private use only, and no commercial use is requested. Following is a list of the requests necessary to allow construction of the structure: Conditional Use Permit (accessory structure) — 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. Variance (building height) — Subd. 3 of Section 825.19 requires that accessory structures in residential districts not exceed the height of the principal structure on the property. The proposed structure height is 21.25 feet while the home structure height of the home is 19.5 feet. In terms of gross height, the peak of the proposed structure is 26.5 feet while the home is 26.75 feet to the peak. Site Description The subject property is approximately 19.25 acres in size and is zoned Rural Residential. Existing structures include the home and an existing 16,300 horse barn located in the southwest corner of the lot. Two large paddocks, an outdoor riding ring, and driveway/parking space are also located in the vicinity of the existing horse barn. Hard surfaces cover approximately 11% of the site, and excluding the items required by ordinance (setback areas, septic sites, >6% slopes), the technical "hardcover" is approximately 16%. Potential wetlands have been identified in the east and north portions of the property. The City's wetland engineer has conservatively located the wetlands in order to install fencing and to conduct any upland buffering which may be required by the wetland ordinance in place at time of permit. The applicant has contracted for a wetland delineation to be completed as well. The potential wetlands are identified by the hatched areas in the aerial above. The proposed structure is approximately 140 feet from the closest potential wetland. Following approval of the wetland delineation, fencing will be installed to keep horses out of any wetland, and a 20' Upland Buffer will be created adjacent to the edge of the downgradient wetland. The applicants wish to install a cement manure containment area to the west side of the structure. Staff suggests this as a condition, along with other manure management provisions. Building Details The proposed structure is 184 feet in length (east -west) and 144 feet wide (north -south) at the widest point. The structure juts out to this full width for approximately 1/3 of the total length of the structure. The structure is a pole frame building and exterior building material is proposed to be 29 gauge steel, which the plans identify as two -toned. The architectural design strives for a typical barn look, with barn doors, faux hay doors, and cupolas along the roofline. These elements and the layout of the structure break up the massing a bit, especially along Hamel Road (see attached building plans). The previous plan had shown a fake barn door along the long side of the structure, but has now been removed. The door broke up the appearance of the long side of the building nicely, but the applicants removed it because that side now is not visible. The Planning Commission may add specific recommendations regarding architectural requirements at their discretion. The floorplan of the structure identifies a 72x184 indoor riding arena in the far west portion of the structure. Farther east, within the widest portion of the barn, a 72x66 area is shown for horse stalls and 16x48 for storage (see attached building plans). As mentioned above, the proposed structure is both larger and taller than the existing structure. The Fire Marshal has required a 20-foot fire access lane (built to a 7-ton standard) be built to the northeast corner of the barn. Conditional Use Permit 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. The updated proposed location is near the center of the 20-acre parcel, which helps minimize impacts on neighboring property. If the Commission believes that additional steel exterior buildings are a concern, they may wish to recommend some material differentiating or some other architectural improvements. 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. Staff does not believe the proposed use will impede normal and orderly development. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided Staff does not believe that the proposed structure will increase the need for utilities or access roads. The City Engineer has stated that the applicants will have to provide a plan for the drain tiles which are located on the property, since the proposed barn would be located over the tiles. Additionally, the applicants will have to identify 20' upland buffers around the wetland downgradient from the structure. The fire marshal has also required a 20-foot fire lane to access the northeast corner of the structure. Plans will need to identify this fire lane. 3 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 activities are allowed, and staff believes the existing loading area is sufficient for private use. As stated above, the Fire Marshal has required a substantial fire lane to serve the barn. 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 The proposed location in the center of the lot will help reduce the impact on neighboring properties. The applicants wish to construct an enclosed manure containment area which will also reduce impacts. The applicant proposes no signage and lighting is shown as downcast and 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 a private horse barn, as a use, is reasonably related to the existing land uses in the vicinity. 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 accessory structure exceeds the height of the principal structure (the home), which is not allowed under Section 825.19 of the Code. See below for more information on this subject. Staff believes that other aspects of the application are consistent with the purposes of the zoning code. 8. The use is not in conflict with the policies plan of the Ciry. Staff does not believe the use is in conflict with the Comp Plan policies for the Permanent Rural Area. 9. The use will not cause traffic hazard or congestion. Staff does not believe the proposed structure will increase traffic hazard or congestion. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. The applicants proposed landscaping adjacent to the structure. The updated location of the structure As stated above, the Planning Commission may wish to make additional architectural recommendations at their discretion to reduce the impact of the large steel structure. 11. The developer shall submit a time schedule for completion of the project. The applicant wishes to complete construction before the end of the year. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The property is going through a sale. The previous owner signed the application in addition to the Hogans. Criteria for Height Variance According to Section 825.45 of the City Code: "a variance from the provisions of the zoning ordinance may be issued to provide relief to the landowner where the ordinance imposes undue hardship or unique conditions to the property owner in the use of the land...A variance may be granted only in the event that all of the following circumstances exist:" 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Ordinance, have had no control The allowed height of the accessory structure depends on the height of the home on the property, which the applicant had no control over. 2. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Property owners within the same district with taller homes would be allowed to build accessory structures of this height. 3. That the special conditions or circumstances do not result from the actions of the applicant The home was constructed prior to the applicant purchasing the property, so the height limitation did not result because of the actions of the applicant. 4. That granting of the variance requested will not confer on the applicant any special privileges that is denied by this Ordinance to the owners of other lands, structures, or buildings in the same district Because the height of the accessory structure is limited by the height of the home on the lot, owners of "taller" homes would be allowed to have accessory structures of this size throughout the Rural Residential district. 5. The variance requested is the minimum variance which would alleviate the hardship. The applicants have reduced the pitch of the roof in order to reduce the height of the structure. The proposed structure is the same height as the building to be demolished, and is no taller than would be allowed in the district if the home on the site happened to be taller. Additionally, the gross peak height of the proposed structure is lower than the peak height of the house. 6. The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. The proposed structure is shorter in height than would be permitted under the ordinance if the home on the parcel happened to be taller. City Discretion The City generally has relatively limited discretion to deny a Conditional Use Permit. If the application meets City ordinances, the CUP should be approved. In this case, a number or ordinance provisions are not met. This would give adequate rationale to deny the CUP. The City has a higher level of discretion with variances. The City has adopted regulations, and may only grant variances if the applicant proves hardship and explicitly meets the criteria described above. 5 If the City approves of the CUP, the City has discretion to impose conditions on the approval that protect the best interests of the surrounding community and the city as a whole. Section 825.41 states that these conditions could include, but are not limited to: • Increasing the required lot size or yard dimensions. • Limiting the height, size or location of buildings. • Controlling the location and number of vehicle access points. • Increasing the street width. • Increasing the number of required off-street parking spaces. • Limiting the number, size, location or lighting of signs. • Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. • Designating sites for open space. Staff has recommended conditions below. Staff Recommendation Staff recommends approval of the Conditional Use Permit. The consensus of the Commission appeared to have been supportive of the height variance as well. Staff suggests the following conditions: 1) A conditional use permit is hereby granted for construction of an accessory structure with a maximum footprint of 18,740 square feet in size. A variance is also granted permitting the building height of the accessory structure to exceed the building height of the principal structure on the parcel. 2) The structure shall be constructed in substantial conformance with the plans received by the City on May 27, 2008 except as otherwise noted within this resolution. 3) The applicant shall warrant that the addition proposed is for private use only, and that no commercial and/or fee -based activities shall occur. 4) The gross distance from grade to the peak of the structure shall not exceed 26.5 feet. 5) The building height of the accessory structure shall not exceed 22 feet. 6) The applicants shall submit a plan acceptable to the City with regards to manure management, containment, and disposal. The applicants and future owners shall be responsible for abiding by this approved manure management plan; 7) The applicants shall install a cement manure containment area to contain a volume of 3,100 cubic feet of manure; 8) Manure must be disposed of in a way consistent with Minnesota Pollution Control Agency rules at least one time every three months; 6 9) The applicant and all future owners of the subject property shall comply with any future livestock intensity standards as established by the City. Until such time, the applicant shall comply with the following animal unit intensity ratio: Animal Units Animal Species Minimum Grazable Acres per Animal Unit Horse 1 Cow 1 Llama 0.5 Goat 0.5 Sheep 0.5 Pony 0.5 Domestic Fowl 0.1 Other animals not listed above 1 unit per 1000 lbs. 10) Plans submitted and approved by the City do not propose human dwelling as a use and do not meet regulations for such a use. 11) The applicants shall create an Upland Buffer Zone of 20 feet in width adjacent to the wetland downgradient from the proposed construction and execute necessary paperwork to formalize the Buffer Zone. 12) The applicants shall install and maintain fencing in order to prevent grazing within the wetlands and Upland Buffer Zones on the property. 13) The applicant shall abide by permitting requirements and follow the conditions of the Building Official, Fire Marshal, and City Engineer. 14) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the Variances and Conditional Use Permit applications. Attachments 1. Location map 2. Plans dated May 27, 2008 3. City Engineer memo 7 Location Map ennepin Co Public Wo ~ ~ 2335Highway 36w St, Paul, mw5na Tel 651-636-4600 mmo51-636'1a1 Bonestroo M5.Debra Peterson- Dufresne Planning Assistant City of Medina Z052County Road Z4 Hamel, Minnesota 55340 Re: 1982Hame Road BonestmoFile No, OOO19O'O000O1 Plat No, LO8'O27 Dear Deb, VVehave reviewed the site grading and building plans prepared by Gronberg and Associates, Inc, dated 5'Z7-0for the proposed horse barn at 1982Hamel Road. The planspmpVsetnmmnVeanexisdngba/nandconstru{tanewnneina different location north [fthe existing home, VVehave the following comments with regards toengineering matters: * The proposed grading plan will disturb more than one acre therefore a SWPPP is required, The SWPPP should include erosion control and restoration plans for the old barn site aowell as the new barn site and associated grading for both sites. * The plans should show primary and secondary septic system sites. w More detail should beprovided regarding the existing tile lines shown Unthe grading plan. The plans note that the existing southerly tile line is tubemoved but nnindication as towhere. The northerly tile line bshown but there are no notes about relocating the line. Both lines run underneath the proposed barn. Additional information as to where the tile lines will be relocated to, where they will discharge t0and how this fits with the proposed grading plan should be submitted and shown ooarevised grading plan. * A drainage area map and drainage calcs should be provided to quantify storm water flows for the 2, 10, and 100 year storm events. Storm water rates discharging from the property after the improvements must not exceed discharge rates today, • Details should beprovided for the proposed driveway. Ifyou have any questions please feel free 0ocontact meathD51\6O4'4Ob3. Sincerely, BONESTROO Tom Kellogg TUN-07-2000. 03:10 PIM WEST METRO 763 479 3090 Ed lip ‘,./ iltfd ii MP t I 1011 KJ i gli.P 1 Y I.a a raw i X Itr,e i 6..W. i i i .../ • P.02 Loren Kohnen, Pres. May 29, 2008 TO: Tim City of Medina FROM: Loren K. RD: Sara Hogan 1982 Hamel Road Medina, Minnesota PROPOSED HORSE BARN CONSTRUCTION (763) 479.1720 FAX (763) 479-3090 I have reviewed the site plan and preliminary building plans for Fire Department access and some building concerns, as follows: 1) A 20' wide fire road built to a 7 ton standard be constructed and inspected by the City engineer. This would start at Hamel Road and continue to the South side parking area and then along the West side of the building and then along the North side 150' ending with a 60' x 60' hammerhead turn -around. This Fire road must be at least 30' from the building. 2) A new septic system for the new building must be provided and protected with approved fence before any construction can begin, 4) If this building is going to be used by anyone other than the family, restrooms and accessibility must be provided. 5) Building plans must be stamped and signed by State of Minnesota licensed architect and structural engineer. LK: jk Box 248, Loretto, Minnesota 55357 19.86+- ACRES TOTAL 0.50 ACRES ROAD 19.36+- ACRES NET L44A ACCEPTABLE O.064- ACRES S 88 47'40" E 656.10 L41 D2 NOT ACCEPTABLE 0.294- ACl1Es East line of West Hatt, I North line of West Half, NW 1/4, SE '- NW 1/4, SE 1/4, Sec. 10-118-23 • Sec. 10-118-23 West line of West Halt, -- NW 1/4, SE 1/4, Sec. 10-118-23 /WEST PADDOCK SEE BUILDING DETAIL 2 HAMEL L41 C2 ACCEPTABLE lags. ACRES L23A / T'��_ ACRESE I I I I I I / / / Sout line of West Half, / / NW /4, SE 1/4,_.,, / % / Secl10-118-23 . EPTABL.. / / / I 0 DI+.AMESI / \ ! ��. \-/cam_ ��_.- L44A ACCEPTABLE 0.614- ACHES L44A ACCEPTABLE \ 153s. ACRES APFPSRE LLASTIIX. OFSEPIPS SYSTEM PER CHIPS SEPTIC ESION SYSTEM \\ ( �\ 1 N¢ c E 0 `� 1\ \ I / I I // I I g f dT % 0°14'44" E 1321.0 cn CERTIFICATE OF SURVEY FOR RANDALL HOGAN OF THE WEST 1/2, NW 1/4, SE 1/4, SEC. 10-118- HENNEPIN COUNTY, MINNESOTA N 88°21'38" W 656.615 ROAD 0 100 200 SCALE IN FEET LEGAL DESCRIPTION OF PREMISES SURVEYED The West Halt of the Northwest Quarter of the Southeast Quarter of Section 10, Township 118 North, Range 23 West of the 5th Principal Meridian. This survey shows the boundaries of the above described property, the location of an existing house and barn thereon, topography around said buildings, soils as shown on the Hennepin County soils map, and the proposed location of a proposed barn. It does not purport to show any other improvements or encroachments. o : Iron marker Existing contour line, mean sea level datum : Proposed contour line (1041.1) : Existing spot elevation : Proposed spot elevation Bearings shown are based upon an assumed datum 400 HARDCOVER CALCULATIONS EXISTING HARDCOVER HOUBARNE 16030+2570, 5.F. DRIVE 16635 PAIN 1503, TOTAL 36735, S.F. PROPOSED HARDCOVER HOUSE 257;0p,s. 3. F. PROPOSED BARN 1850 DRIVE PATH 1500s. TOTAL 38660, S.F. 36735/843400 x 100=4.35%HARDCOVER 38660/843400 x 100.4.58%HARDCOVER AREA OF PROPERTY EXCLUSIVE OF 33 FOOT ROAD RIGHT OF WAY 843400, S.F. WEST PADDOCK IS APPROXIMATELY31170, S.F. EAST PADDOCK IS APPROXIMATELY 20e50r S.F. RIDING RING IS APPROXIMATELY 14/60, S.F. EAST PADDOCK TO BE REMOVED; NEW BARN PADDOCK IS TO BE APPROXIMATELY 1203.- S.F. 23 450 / / / / i / / WEST PADDOCK / PROPOSED / —� � SILTT fENCX��p���y,�X sr /- \ry TAD \65✓ A + \ \r \+ 4 �\ 184.0 \ '--\ r / Fi PSISED ARN c f ol�\L 1'75 `6 / - 4625 vlb_ \ �--� �I�TINGi � t UN� APPROXIMAT�� 1 66.6 3A cxt APPROX. LOCATION OF SEPTIC SYSTEM_... HIPS SEPTIC DESIG KETCH (TO BE VED 1— 702 L 0 WELL / 1T0: MOVED EAST PADDOCK / / \ �' �/ \ I—��—,I`—-��-�i9" \ \\ tow —,v�,,1 \ \ \ I R 1 /C / 1 // / W / o I j/ 2 �' ppp ° j I I I / 1 / / 11 L44A/ i i EXISTING HOUSE #1982�,a ; w, h, 0 WELL / / / 0*0 10,°_�—�° BUILDING DETAIL SCALE IN FEET (1041.11 : EXISTING SPOT ELEVATION PROPOSED SPOT ELEVATION f IBB Zz�1. M - a Z � 1.2CV Fw- a Y °Le) ' JQX Q - 6 < O cc LL oZ >O CC Q E ;r- ots g c r, cc W • O Ln wZJ°' to ZWzo J cc U R v M e� N 3 8j g142 �o m S�wo o �?F ra: w mZi g lam" 4 ZaZa O $1 �oa> ¢�c�z ?iaa� MINN. LICENSE NUMBER z U O Z 6 O Y U U to Z (n LiJ IY Y 4 U n 0 a 0 9 m a r 0 4 a 08-075 Z O 70 m r m D O Z �+ D �N EE Ns ss sg• !2, 4 911111 0111II 2,13.188. M.11111111 IIIIIIIIIIIIIII� .� 1111111111111 11. EN HuNI_ 111111151111 1111111111 im ,811018311111118 1331021.111. 1111111111111 EMI 11 �i) 3N18/®6 s l I I I I I1 I I I I I I F IIII I I I,III II II solm, ers ■OMB � EMI �'I[3IIflitIIIIQ- 111111E111111 1111111111 win] 1" IIIIII', IIIIIII 11111111111111 111111ll IIIIIII IIIIIITIIII .—_ �.. ;e11111111111111I1w ,-- G A-- IIN !•,-. lam! IN NINE- c1�lAx�+ni� 4IIIIIIIIBIillll, ems cam .. �Iltllllllllllll��l NEW BUILDING FOR GREENWOOD STABLES LLC 72'-0" X 184'-0" X 161-0" ARENA 66'-0" X 72'-0" X 12'-0" STALL BARN 12'-0" X 12'-0" X 10'-0" ENTRANCE W/ PORCH 16-0" X 46'-3" X 10'-0" STORAGE NO. PLAN ITEM BY DATE PROJECT: #Pln DATE: DATE PLOTTED cN 10121 Industrial Drive P.O. Bar MO Wlnsled, Minnesota 55395 320J95-2844 900-710d726 For 320.185-3625 1w.w.rambulldin9s.com 2 a 5 DRAWN: B.H. 4. 8,0" / 8'-0° rl----al E1 I I 1 8'-0' a 8'-0° 8'-0" 8,0" 8,0" B'-0' 8,0" 184'-0" i 8,0 8'-0° 8'-0" 8'-0" 8'-0' 8'-0" 8'-0" 8'_0" 8,0" 8.-0" �u \ O fi Q 4Z-.1§. I N? // • g W \ la/ aI-j- - - — -- --i 0 / • 1 z b 1 / • Lw 8 b I F r .• i b b I �. N ! �� L-1 O j rf,I �I I m 81 �i cl c c L C1 72' X 184' X 16' RIDING ARENA / • / I I \\ II \ FOR POSSIBLE FUTURE , / 1 I • \ ♦ OVERHEAD DOOR , i I \ / \ Q / I' • 8,0"yI 0" / 9,-0" y2'475'-q " �y" 3_-g^ f `-0 4' DGEg EDGE' • CIL 8-� ` ffdL GE EDGE' (L ti.LB1.1. �ClL3PLY 14°on. 4 \ I \ / 1 \ \ / \ 1 ♦/ I \ I /\ I \ HEADER INSTALLED / / 3PLY 14'LVL 10'X 12' STALL 10' x 12 STALL Q 10 % 12' STALL f �O F I. U. I� 1 \ / I •\ it \ 3 PLY 14' LVL I 1_ 18'Mza TACK ROOM I I I 11il 6X10 MECH. ROOM ED Li 6'x10 4 LAUNDRY 10%12' GROOMING STALL 1aX12' WASH STALL 12)(12 STALL STALL 12 %12' STALL O I 9' X 10' OVERHEAD DOOR �__`71 • \ , I I \/ I I /• I • I 8,0" C 8'-0" I / • I / • L. _ _ 9 X 10' OVERHEAD DOOR W/ (2) 24' X 12' WINDOWS • 10'X12' SHAVINGS 10'X 12' TOOL STORAGE \ U FEED CON'INUOUS PROFILEVENT �(3)48°CUPOLAS W/ HORSE WEATHERVANES 10 X 8' OVERHEAD DOOR F` — — —/71 I \ / 1 •' 11 ED6 8-0" T • 8' 0" C/L \ 1 � Q A I L O EDGE EDGE 8'' IL 6'-0" �. '"."--6'-2 1/4/4° al 7 §1 /J O21 • / /. > miI / , e gi/ vn ' (66' 056 DRAFTSTOP) _ 66' X 72' X 12' STALL' BARN I (2)36'CUPOLAS W/ I HORSE WEATHERVANES 10'%12 STALL 10X 12' STALL 10'X 12' STALL O —1 L 15,0"EYEBROW k 10X 12' STALL 9 X1a OVERHEAD DOOR — 71 • • / I \/ I I /• I / \ J-- k 15,0"EYEBROW 1 IX 24,0" EXTENDED 48" OVERHANG C/L EDGE EDGE C L EDGE EDGE C/L 9,0' I.4,0'1, 9'-O" 43'-0� 8,0" � 8-0' I3-0"1. 9'0" 1.4_ ",. ,( (ENDWALL COW MN SPACING) 66,0" I 51 •b I a I � �I W)Q I� QI WI I b� �-' 19, 10,X 12' STALL O I I \" I Q I ro 12%12' I STALL 12'X 12' STALL 19 Q I � Q u1 J 24' SIDE & ENDWALL OVERHANGS 9,0" , 10,0" 46'_3„ 3 PLY 14" LVL TRACTOR —10 X8' OVERHEAD DOOR HAY F----/� ` 1 \ / I I ' \ I It ✓PLY 91/2"LV� Q CIL 8,0 3/4" r. I I 8-CY' b'-0' C L QF 8'-0" 71,9' CI I c O 24' SIDE & ENDWALL OVERHANGS O O 8-0" CL C) C!L I I I 1 I I r� J NORTH FLOOR FLAN O 3'0" X 6'8' 5100 SERIES WALKDOOR W/ 9-UTE & X-BUCK Ran 405/16"X81 1/8" ® 3'0' X 6'8' S100SERIES SOLID WALKDOOR RO.=405/16'X 81 1/8' © 4'0' X 6'8" 51005E121E5 SOLID WALKDOOR R0.=51 5/8'X81 1/8' Q 26' X 6'8' RAISED 6-PANEL PINE WALKDOOR R0.=32' X 821/2' © 3030 900 SERIES SLIDING WINDOW W/ GRIDS &SHUTTERS R0.=36' X 36' Q 40409006E12IE65UDING WINDOW W/GRIDS&SHUTTERS R0.=48" X 48' NOTE. WINDOWS IN STALLS TO HAVE PROTECTIVE GRILLS INSTALLED ON THE INTERIOR OF WINDOW OPENING 8 t DOWN w w R (V pa t1 W 6040 VIEWING WINDOW VIEWING ROOM O (� (Y O 6X6 BATH 2 N 20'-0" VIEWING ROOM LAYOUT ® All drawings and consent copyright RAM Buildings Inc. Call RAM Buildings Inc. to obtain copies of this plan. N t7 a 2 11L zo Q flC n Lu own =<JWO U wprZN J O H�O'w0 ppx O! x- `-Q 3�� t Z�L\1x� W X O X ilz b zu O U' NOS tg) o 0O LL � N s 5 m w z o E '^ $ gRa P 7 A Q 3� SHEET 2 OF 3 Agenda Item: 7 MEMORANDUM TO: Medina Planning Commission FROM: Tim Benetti, Planning Director DATE OF MEETING: June 10, 2008 SUBJECT: Plan Unit Development Amendment (to PUD No. A 16846) Hennepin County Public Works SITE ADDRESS: 1600 Prairie Drive APPLICANT: Hennepin County, MN Application Review Information 'Submittal Date: June 8, 2007 'Deemed Complete: May 12, 2008 'Review Deadline: September 9, 2008 1. DESCRIPTION OF REQUEST The Applicant is requesting approval of a planned unit development (PUD) amendment to allow the construction of a monopole type wind turbine at the Hennepin County Public Works (HCPW) campus, located at 1600 Prairie Drive. The single wind turbine tower stands 262 feet high from its ground base to the upper generator, and extends fully up to 369 feet (from ground level to upper -most tip of a blades). The turbine will be equipped with an electrical generator that may produce up to a range of 1,500 to 2,100 kilo -Watt (also referred to as 1.5 -2.1 mega -Watt) of power. The energy produced from this turbine would generate electricity equivalent to power the annual needs of 450 single-family homes. The Applicant is seeking to install this turbine for its own electrical needs related to the HCPW facility, and may sell-off any excess power if demand is not needed on site. The Applicant is also requesting allowance to install the tower within two years from approval. The site plan submitted by the Applicant indicates two potential sites for the tower, with Option 1 as being the preferred site and Option 2 as the alternative. The secondary part of this application is the installation of a civil defense siren located near the County's existing radio tower in the northwest corner. Hennepin County and the City are still in negotiations on the exact size and specification on this tower; but we are including it as part of the overall review and approvals under this PUD amendment process. Notice of the Planning Commission's public hearing was published in the Official Newspaper and was mailed to all property owners within 350 feet of the site. Page 1 of 9 2. BACKGROUND Hennepin County received the original PUD approval on June 18, 1996 to construct a new 254,000 sq. ft. off ice building and a 420 foot radio tower. The HCPW campus is served by two large outdoor parking areas to the east and west of the main office building. The site also contains two outdoor maintenance and parking facilities and an outdoor canopy near the center island. The site is also impacted by a number of separate and joined wetland bodies, as illustrated in the aerial below and the site plan dated May 12, 2008. Pursuant to the City Code Sect. 827.41 (below) and the original PUD agreement, an amendment of a PUD states any addition or improvement not stipulated in the PUD agreement requires an amendment approval. Section 827.41. Amendment of a PUD. Subd 1. Application Procedures. As determined by the Zoning Administrator, any substantial deviation or modification from the terms or conditions of an approved PUD or any alteration in a project for which a PUD has been approved shall require an amendment of the original PUD. An application for amendment of the original PUD specifying the proposed variance or alteration shall be submitted to the City, Page 2 of 9 together with a fee established by City Council resolution and such information as is required by the City or as the applicant deems necessary to fully explain the application. Should the applicant request an amendment of a PUD to erect an additional building or buildings, the applicant fee therefore shall be established by City Council resolution. 3. ANALYSIS OF REQUEST A. Surrounding Land Use and Zoning The HCPW site is currently guided under the City's 2000 Comp Plan as RC -Rural Commercial; the west and east sites are guided UC-1 — Urban Commercial 1; and RR — Rural Residential to the south. Under the new 2010 Plan, the HCPW site is tentatively guided under the new Public Semi Public (PSP) designation; while the east will be guided Industrial Business (IB) and General Business (GB); the west as General Business; and the south as Permanent Rural (PR). The entire HCPW is situated within its own; separate PUD zoning district. The campus is surrounded by IP-Industrial Park and BP -Business Park to the east; RR -Rural Residential to the south; and BP and RR districts to the west. The section of IP zone to the east is the Loram facility; DMJ is situated to the west; and the Laurent families and Dellcroft family farms to the south. Except for the main Loram property, most of these surrounding land uses are fairly vacant or consist of structures or developments located at considerable distances away from the shared property lines with HCPW. Staff believes the addition of the new wind tower and civil defense siren would meet the intent and spirit of the existing and proposed land use designations, and the PUD zoning district. B. Physical and Natural Characteristics of the Site The site is accessed off Arrowhead Drive by means of the east/west curvilinear shaped roadway known as Prairie Drive. Prairie is a public roadway that legally ends at the westerly property line (although access still continues westerly into the DMJ site by means of an unimproved drive/roadway). The subject property is improved with large office building and outbuildings, along with the large radio tower. As indicated previously, the HCPW site is also impacted by a number of separate and joined wetland bodies, as illustrated in the aerial above and the site plan dated May 12, 2008. It does not appear that HC will be affecting any portion of these wetlands. The request will be subject to the new Wetland Ordinance. As part of this improvement, HC will need to provide a conservation easement to encumber a new wetland buffer around the wetlands. As these are preliminarily identified as Preserve wetlands under our Wetland Management Classification mapping, these existing wetlands would require a 35- foot average and 25-foot minimum buffer. Page 3 of 9 Option 1 location shows a 69.75-foot setback from the edge of the wetlands. Although we have not accepted this illustration on the site plan as the true delineated edge of said wetlands, and assuming the illustration is correct (for now), the new tower would appear to meet the required buffer setbacks measurements. Staff has included conditions related to this issue at the end of this report, which reflect our desire to protect and preserve these wetland areas. C. Site Improvements and Impacts i) Turbine and Tower Information: The wind tower would be anchored by a single, concrete footing engineered and designed to withstand the overall weight and wind load produced by such a unique structure. Depending on the choice of the wind tower generator size, the characteristics are relatively the same. The 1.5 MW has a smaller rotor diameter of 256 feet versus 289 feet for the 2.1 MW turbine. The rated capacity wind speed (in which the turbine reaches its rated capacity) is 26.4 vs. 31.3 mph. The cut out wind speed (at which the turbine shuts down) is 45 mph for each unit; and the maximum sustained wind speeds at which the turbine may withstand is up to 100 mph. ii) Noise: Noise is measured by decibels, which are a measurement of sound pressure levels emitted from a noise source. These measurements are reflective of the normal sensitivity levels of the human ear. According to the applicant's narrative and supporting documents, the proposed 1.5 MW wind generator (and the noise produced from such device) would meet the MPCA night time standards for any residence located at least 623 feet away, and the 2.1 MW meets the standards at 850 feet. The Minnesota Public Utilities Commission (PUC) information indicates that permits issued by PUC require a 500-ft. setback from homes and any additional setbacks to meet night-time standards. Typical wind turbines require a 750 — 1200 foot setbacks from homes to meet the standards. The information contained form the American Energy Wind Association indicates a wind farm or turbine produces a decibel level of 35-45, and further states: "...an operating wind farm from a distance of 750-1000 feet is no noisier than a kitchen refrigerator or moderately quiet room." The information states further that other measures or features are installed or take place to reduce the overall noise form wind towers, including streamlining all towers and equipment; soundproofing the nacelles (main generator head); more efficient wind turbine blades, and specially designed and engineered gear boxes. iii) Setbacks: The wind tower is shown with a 400-foot radius setback line, which would meet the 369 foot setback requirements. According to estimated measurements (from City GIS/Pictometry program), the estimated distances between the tower and the farmstead dwelling located at 1982 Hamel Rd. (immediately south) is approximately 2,300 feet; approx. 2,700 feet to the Anthony Laurent farm at 2092 Hamel Rd.; over 2,500 feet to the Dellcroft farm site (out buildings — no dwellings); approx. 3,800 feet to 1400 Hamel Rd.; and approx. 3,900 feet to 1585 Hamel Rd. Assuming the information provided by the Page 4 of 9 Applicant is accurate, then most of the nearby homes would not be affected by the anticipated noise generated by the wind tower. iv) Visibility/Sight Lines: The individual size of the tower and rotation of the blades will definitely impact or change the views and visibility from all adjacent properties (360- degree panorama view). Even travelers along the adjacent roadways will likely notice the structure and turning blades. Although arguments could be made that the existing 420 foot high radio tower exceeds the height of the new wind tower and it already impacts these views, the turbine has large moving mechanism affixed to it, which will likely make this tower more noticeable and stand -out than the other static features of the site. Under our city ordinances, and for the most part many other communities, we do not regulate or provide standards on views or sight lines, or protection of views or vantage points from adjacent properties. v) Other Improvements: The proposed civil defense siren is to be located near the north edge of the HCPW campus. According to Police Chief Belland, the siren's pole is only expected to reach a height of 55 feet or less, and is used only for severe weather or other local emergency warnings. City and Hennepin County officials have been working on this project for approximately 2 years, and each party is contributing one-half the costs to install the smaller tower and siren. The size and location of this tower does not affect or impact the larger adjacent radio tower, nor impacts any other improvements on this property. This feature should be welcome addition for maintaining the overall public safety needs of our citizens. D. Compliance with City Ordinance. Under the current zoning ordinance, Private Use of Windmills or Wind Energy Conversion Systems(WECS) is allowed by conditional use permit under the AG - Agriculture, RR- Rural Residential, RR-UR Rural Res. Urban Residential, and SR - Suburban Residential districts. The code further provides under section 826.98 the following standards to approve a CUP for a private windmill or WCES by the following standards: (i) minimum set back from the nearest property line 150 feet or a distance equal to the height of the tower plus one-half the diameter of the rotor, whichever is greater; (ii) certified by a professional engineer as being of a design adequate for the atmospheric conditions of the Twin Cities; (iii) equipped with overspeed or similar controls designed to prevent disintegration of the rotor in high winds; (iv) compliance with all building and electrical code requirements of the city, the noise regulations of the Minnesota pollution control agency and the rules and regulations of the federal communications commission and federal aviation administration; and Page 5 of 9 (v) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. Although these standards do not necessarily apply under this PUD amendment request, it would not preclude the City's discretionary rights to apply these standards under this specific request related to the wind tower/turbine. According to the applicant's submittal information, it appears the new wind turbine and tower would meet or exceed these standards. The wind tower is shown with a 400-foot radius setback line, which would meet the 369 foot setback requirements. The documents also indicate the equipment and turbine will be built to specific engineering standards; equipped with overspeed or braking measures; and would comply with all State of Minnesota Building Codes, MPCA, FCC and FAA rules. E. Level of City Discretion in Decision Making The City has a relatively high level of discretion in approving or denying a Planned Unit Development amendment. A PUD amendment must be similar with the objectives of the City's Comprehensive Plan and the approved PUD final plan. The City may impose reasonable requirements upon a PUD amendment not otherwise required if the City deems it necessary to promote the general health, safety and welfare of the community and surrounding area. Section 827.21 of the City Zoning Code requires any non-residential project to meet the following standards: (a) There shall be no minimum lot or area size required for a tract of land for which a PUD Zoning District or PUD conditional use permit is proposed. (b) There shall be no minimum frontage on a public street required for a tract of land for which a PUD is proposed. (c) The tract of land for which a non-residential PUD is proposed shall have municipal water and sewer available to it or shall provide approved well locations and comply with the provisions in the Medina Sewer Code. (d) Off-street parking and loading facilities for a non-residential PUD shall be provided in accordance with Section 828, Zoning -Performance Standards and Enforcement of the Medina City Code. (e) For non-residential PUD Zoning District projects, the normal standards of either the RC, UC, RI, UI and PS zoning classifications shall apply to each project, excepting those standards to be modified, as determined by the City Council and as provided above in Section 827.27, Subd. 1 (a) and (c) (f) In addition to the above standards, the City Council may impose such other standards for a nonresidential PUD as are reasonable and as the Council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area. Page 6 of 9 For all intents and purposes, the original PUD appears to have met or exceeded these standards. The new wind tower does not impact or affect any of these standards. 4. CONCLUSIONS The Applicant has proposed PUD Amendment to allow the installation of either a 1.5 KW or 2.1 KW wind generator turbine and tower, plus the new civil defense siren, as indicated on the attached site plan. The tower appears to meet the required setbacks, noise and engineering standards usually reserved for such structures. As the City of Medina researches and prepares to implement low impact design an development standards within our own ordinances, along with "greener" initiatives for our own community, we may want to determine the success of this project later on when we begin to plan for and design our own facilities, such as the new city Public Works facility or a future city hall. Quite possibly, other businesses or industry within the community could implement such a device for their own on -site energy needs similar to what HCPW is proposing. For the most part, and what Planning Staff could apply in our analysis, we have no objections to this proposed use and we believe the Applicant met most of the criteria necessary to grant a PUD amendment. Due to the flexibility of the PUD process itself, the Applicant is allowed the ability to request and propose such a wind energy device even though it may not be entirely permitted or allowed inside this PUD district. Conversely, the City also has the flexibility to regulate or provide standards on related to this request as deemed necessary to protect our citizens and community. 5. RECOMMENDATION Staff recommends approval of the PUD amendment to Hennepin County for the 369 foot high wind turbine and tower, with city supporting Option No. 1 as the preferred location; plus approval of the civil defense siren located next to the radio tower. If Planning Commission supports this recommendation to approve the PUD amendment, staff recommends that the approval be subject to the following conditions: 1. The Applicant shall provide an updated wetland delineation report, and illustrate the wetland boundaries on the site plan, as requested by the City Engineer review memo dated June 2, 2008; 2. The Applicant shall comply with all conditions and regulations of the adopted City Zoning Ordinance and City Code at time of approval, including the city Wetland Ordinance and wetland buffer/easement requirements; 3. The Applicant shall be given the choice of installing a 1.5 MW or 2.1 MW generator turbine on the subject site, and within two (2) years from approval of this amendment. 4. The maximum height allowed for any turbine/tower shall be no higher than 369 feet (as specified by the Applicant); 5. The new wind turbine shall meet all noise standards (both day -time and night time) as determined by the Minnesota Pollution Control Agency and the Minnesota Public Utilities Commission. Page 7 of 9 6. The new towers shall meet all State of Minnesota Building Codes, MPCA, FCC and FAA rules and standards as necessary; 7. The Applicant shall submit any required permits, as necessary or required by MPCA, Elm Creek Watershed District, PUC, FCC and/or FAA; 8. The Applicant shall provide adequate security measures, including fencing where necessary, to prevent outside tampering or malicious intent by others to damage, destroy, deface or affect the wind turbines operations or structure; 9. Any proposed grading activities associated with the proposed Option 1 or 2 sites must be shown on the site plan for review; 10. The new tower and footings shall be designed engineered by a licensed structural engineer and approved by the City Building Official at time building permit submittals; 11. The Applicant agrees to share all information related to the costs to design, engineer and construct the new wind turbine and tower to assist in Medina's planning and budgetary preparation for the future Medina Public Works facility site; Applicant further agrees to provide public information related to the tower and the energy saving measures, and provide on -site tours (if possible) for members of the public. 12. The Applicant agrees to consider allowing the city Public Works Department to install a city -owned Supervisory Control And Data Acquisition (SCADA) antenna on the radio tower; 13. The original Planned Unit Development Agreement (i.d. Contract No. A16846) and the conditions listed therein remain intact and not subject to any revisions or modifications under this PUD Amendment request. 14. The Applicant agrees to enter into a Development Agreement with the City of Medina to ensure the development is completed in accordance with the approved set of plans and conditions of approvals specified herein; and 15. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the application and related documents. ATTACHMENTS: 1. Location Map . 2. Applicant's Narrative (dated May 12, 2008) 3. Site Plan (dated May 12, 2008) 4. City Engineer's Memo, dated June 2, 2008 5. Sight Visibility Photos (simulated) 6. 1.5 MW Wind Turbine Information 7. Footing Details (by Barr Engineering 8. State of MN —Dept. of Commerce (Summary of Historic PUC Wind Setbacks and Standards); 9. American Wind Energy Association — "Facts about Wind Energy and Noise" Page 8 of 9 HOf7fiE Rfl PAWN CA7E5 RANCH DP, CH/PFE11A RD Attachment — 1 Location Map Subject Site 1600 Prairie Drive Page 9 of 9 May 12, 2008 Mr. Tim Benetti Planning Director City of Medina 2052 County Road 24 Medina, MN 55340 ARCHITECTURAL ALLIANCE 400 CLIFTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55403-3299 TELEPHONE (612) 871-5703 FAX (612) 871-7212 Re: Hennepin County Public Works Facility — Conceptual PUD Amendment Narrative City of Medina Contract No. A16846 Dear Mr. Benetti: After some discussion with the City of Medina, Hennepin County would like to submit a Conceptual PUD amendment to its Planned Unit Development (PUD) Agreement with the City of Medina dated June 18, 1996 (City Contract No. A16846). There is one new Hennepin County development initiative, and one new City of Medina development initiative, which generate the request for a PUD amendment. New Development Initiatives 1. Wind Turbine Hennepin County intends to build (1) wind turbine at the site. The wind turbine is in the range of 1,500 kW to 2,100 kW (1.5 MW to 2.1 MW), which can generate electricity equivalent to accommodating the annual power needs of 450 homes. The wind turbine is referred to as an 80-meter (or 262 feet) tower. The top of the wings extends to 369 feet. As a point of reference, the existing radio tower at the site is 400 feet tall and the antennas extend to 420 feet. Availability will be a consideration in the final selection of the manufacturer and size. It is the County's intent to build the wind turbine within two years. Note that there are two potential location options for the wind turbine. The preferred location is Option 1. The approximate location coordinates for Option 1 are Latitude: 45° 2'51.97"N and Longitude: 93° 34' 19.19"W. We have enclosed product literature from two wind turbine manufacturers, a footing design drawing, a State of Minnesota PUC publication addressing wind setbacks and standards, an article from the American Wind Energy Association regarding wind energy and noise, and an article from the British Wind Energy Association regarding noise from wind turbines. P:\2007\2007096\Correspondence\Letters\05-12-08 PUD Amendment Narrative.doc Mr. Tim Benetti May 12, 2008 Page 2 of 3 In addition, attached is a table and a graph from a 2007 site application to the PUC by PPM Energy for a recent large-scale project at Buffalo Ridge The modeling for that project (4 different wind turbine sizes were modeled) indicate that noise levels from a General Electric (GE) 1.5 MW turbine would meet MPCA night time standards at any residences located at least 623 feet away, and for a 2.1 MW Suzlon turbine at least 850 feet away. The link to the State PUC for the PPM Energy application is listed below: http://enercwfacilities.puc.state.mn.us/resource.html?Id=19192 2. City of Medina Civil Defense Siren As you aware, the City of Medina and Hennepin County have ongoing discussions about the potential location of a new City of Medina Civil Defense Siren near the County's existing Radio Tower on the site. Please contact me if you have questions or desire additional information. Sincerely, Ifil64L"' kefleYikirLo) PETER VESTERHOLT, AIA Principal cc: Earl Karr DeAngelo Pravinata File Enclosures: 1. Site Plan: (3) Full size, (3) half size, (3) 11x17, (3) 8.5 x 11, (1) digital. 2. Site -specific photograph looking towards the southwest with inclusion of an 80-meter wind turbine showing both Option l and Option 2, (1) page. 3. General photographic images of wind turbines, (1) page. 4. Product data/specifications from General Electric, (4) pages. 5. Product data/specifications from Suzlon, (12) pages. Mr. Tim Benetti May 12, 2008 Page 3 of 3 6. Wind turbine foundation plan and details, (1) page. 7. State of Minnesota, PUC Docket Number: E,G999/M-07-110, (6) pages. 8. American Wind Energy Association Article, (4) pages. 9. British Wind Energy Association Article, (3) pages. 10. Comparative table (2-1) of Noise Modeling of 4 wind turbine sizes, (1) page. 11. Comparative graph (5-1) of Noise Modeling of 3 wind turbine sizes, (1) page. Note: A PUD Application with associated filing fee and mailing labels were submitted to the City of Medina on June 8, 2007. P:\2007\2007096\Correspondence\LettersW5-12-08 PUD Amendment Narrative.doc FUTURE MOUND SITE OPTION 1 PROPOSED WIND TURBINE LATITUDE: 45° 751.97"N LONGITUDE: 93°34'19.19"W ISTI�f G MOUNDS SITE WETLAND POTENTIAL 0 t/-- CITY OF MEDINA CIVIL EXISTING DEFENSE RADIO SIREN TOWER C N OPTION 2 ROPOSED WIN TURBINE LATITUDE: 45°2'56.74"N LONGITUDE: 3\19.07' W 0 200' 400' Protect PUD AMENDMENT Comm. No. 2001096 HENNEPIN COUNTY PUBLIC WORKS Date MAY 12, 2008 SITE PLAN Drawing No. 1 ARCHITECTURAL ALLIANCE 400 CLIFTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55403-3299 TEL. (612) 871-5703 FAX (612) 871-7212 OPTION 2 Hennepin County Public Works Facility Medina, MN Photograph looking toward the southwest at the intersection of Arrowhead Drive and Prairie Drive incorporating an 80-meter wind turbine. AHCHITECTUIIAI ALLIANCE MAY 12, 2008 ployasnoy abwane alwa+o A!?uas.Ono. auafi Plnoa aupun slyl 'ays pwm Poob a IV mut laa.3 Ra6aag .Zfl .96! lo661-P1w aYl u/ 46o10u0a1a6Pa 6.g. wan+ abuw acts rlyl u/ saupss0 -aifs pu!m pooh e!e sawoy aSa Looge+al tIppaaap aaaposd Plow anti. uyl MA 003 Si-OP-2 wwz Aepoa ape6ene a. Roman +a6+el uan3'WApwm Pooh a le woy OSp lnoge solsamod alesaua6 plow aupanl sly, MI 0051. a165' l 39 GE Energy MW Series Wind Turbine Imagination - a GE commitment imagination at work 014 - C,21.0 C,),?, Wale, :7p,-1,1, Wnen it comes to "megawatt -Plus" technology, OLAF proven 1.5 (\WI wino turoine continues to raise tne 301-. From ongoing tecnnolocu investments in relic pilitb anc cependaoilitu, to more cost effective and versatile configurations, it need not rest on its past successes. Todau, with over 3,30C) units in operation worlcvvice, the 1.5 v\AJ continues to Ise one of thE.., world's most widely used vvind turbines in its class. Active yaw and pitch regulated with power/torque control capability and an asynchronous generator, the 1.5 MW machine utilizes a bed - plate drive train design where all nacelle components are joined on a common structure, providing exceptional durability. The generator and gearbox are supported by elastomeric elements to minimize noise emissions. Haug lys. r..uc_ 2- .< t.=- The 1.5 MW wind turbine also employs a variety of features inherent in GE's full line of wind turbines which range from 1.5 to 3.6 MW, for both on and offshore use. GE's Fleet -Wide Features and Benefits Feature Benefit Variable Hub heights & rotor diameters Provides versatility/adaptability to a wide variety of project sites Variable Speed Control and Advanced Enables aerodynamic efficiency and reduces loads to the drive train, Blade Pitch WindVAR (optional) thereby reducing maintenance cost and providing longer turbine life GE's unique electronics provide transmission efficiencies and enable (Wind -Volt -Amp -Reactive "WindVAR") harmonious function within the local grid Low Voltage Ride-Thru (optional) Allows wind turbines to stay on line generating power, even during grid disturbances. As one of the world's leading wind turbine suppliers, GE Energy's current product portfolio includes wind turbines with rated capacities ranging from 1,500 to 3,600 kilowatts and support services extending from development assistance to operation and maintenance. We cur- rently design and produce wind turbines in Germany, Spain and the U.S. Our facilities are registered to ISO 9001:2000. Our Quality Management System, which incorporates our rigorous Six Sigma methodologies, provides our customers with quality assurance backed by the strength of GE. We know that wind power will be an integral part of the world energy mix in this century and we are committed to helping our cus- tomers design and implement energy solutions for their unique energy needs. Every relationship we pursue bears our uncompromising commitment to quality and innovation. Technical Data 1.5s Operating data • Rated capacity: • Cut -in wind speed: • Cut-out wind speed ;to min. ,:vg.i. • Rated wind speed: • Wind Class - !EC: • Wind Class - DiBt WZ: Rotor • ,Number of rotor blades: • Rotor diameter: • Swept area: • Rotor speed (variable): Tower • Hub heights - IEC • Hub heights - DIBt: Power control Power Curve 1.so 200 • - 900 • 300 ..--. 300 •'_ 0 2 4 10 12 14 1. 10 20 2? 24 —GE LSxle —GE 1.5s1/sle —GE 1.5s/se m7s www.gewindenergy.com Heat exchanger e Control panel o Generator 0 Oil cooler Coupling Hydraulic parking brake Main frame (� Impact noise insulation 0.. Gearbox 1.5se 1.5s1 150Hz only) 1,500 kW 1,500 kW 1,500 kW 4 m/s 4 m/s 3,5 m/s 25 m/s 25 m/s 20 m/s 13 m/s 13 m/s 14 m/s Ila lb - I/III - II 3 70,5 m 3904 m2 12,0 - 22,2 rpm 3 3 70,5 m 77 m 3904 m2 4657 m7 12,0 - 22,2 rpm 11,0 - 20,4 rpm 64,7 m 54,7/64,7 rn - 64,7 m - 61,4 to 100 m Active blade pitch control Active blade Active blade pitch control pitch control Gearbox • Three step planetary spur gear system Yaw drive e Rotor shaft Bearing housing 0 Rotor hub O Pitch drive 4xj' Nose cone 0Ventilation " •7d Nacelle 1.5s1e 1.5x1e 1,500 kW 1,500 kW 3,5 m/s 3,5 m/s 25 m/s 20 m/s 14 m/s 12,5 m/s I la lv,,p = 55 vJsl 11I b iv,,:.,= 5.0 rnJs) I I 3 77 m 4657 m2 11,0 - 20,4 rpm 61,4/64,7/80 m 61,4/64,7/80/85/100 m Generator • Doubly fed, three-phase induction ;asynchronous) Active blade pitch control 3 82,5 m 5346 m2 10,1 - 18,7 rpm 58, 7/80/100 m 58,7/80/100 m Active blade pitch control Converter • Pulse -width modulated IGBT frequency converter Braking system (fail-safe) • Electromechanical pitch controi for each blade (3 self-contained systems) • Hydraulic parking brake Yaw system • Electromechanical driven with wind direction sensor and automatic cable unwind Control system • PLC (Programmable logic controller) with remote control and monitoring system Noise reduction • impact noise insulation of the gearbox and generator • Sound reduced gearbox • Noise reduced nacelle • Rotor blades with minimized noise level Lightning protection system • Lightning receptors installed along blades • Surge protection in electrical components Tower design • Multi -coated, conical tubular steel tower with safety ladder to the nacelle • Load lifting system, load -bearing capacity over 200 kg Operating limits (outside temperature) • cold weather extreme: -30° C to +40° C / -40° C to +50° C survival without operation • standard: -15° C to +40° C / -20° C to +50° C survival i �$y Il Subject to technical alterations, errors and omissions "znlu G_r wz,i v to-S oN '038 'oN OM0 oN .033/08d Ira, N 103f08d 88, S11V130 3P N01103S 1N0I1VA313 'NVId NOUVON003 ONI1003 OV39dS 1V01d1.1 V10S3NN81 'A1Nn0o NId3NN3H A11110V3 SHaOM onand AlN0 S3SOdand 1N3WON3WV and 1:10d N0110f1a1SN00 1:10a lON AaVNnigzid 5 o„n',x, A„°1. x �I w3va,'ima"tl.39M1Jo ° elaGm i v 9NMra9 ,1„, a313 aM NM 3510,1tl30110 0310N 55311,1 0 n V31du 3NO1100J 30 d J'0"1 W01108 O. d01 BAa sm. 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In providing this option, the Legislature recognized that there was a need for some standardization of siting parameters that would support consistent and orderly development of Minnesota's wind resource. It therefore tasked the Commission with establishing general permit standards by January 15, 2008. The PUC order establishing general permit standards must consider existing and historic Commission standards for wind permits issued by the Commission. The standards adopted by the PUC will apply to wind site permits issued by counties and to permits issued by the Commission for LWECS with a combined nameplate capacity of less than 25 MW. The Commission or counties may grant a variance from a general permit standard if the variance is found to be in the public interest and counties may establish more restrictive standards by ordinance. This document summarizes the setback and permit standards required by the Minnesota Public Utilities Commission (PUC or Commission) for site permits for Large Wind Energy Conversion Systems (LWECS). PUC issued site permits have consistently required minimum setbacks from certain land uses or structures to protect public safety, to ensure compliance with Minnesota Statutes Chapter 216F and Minnesota Rules Chapter 7836, and to ensure orderly development of wind resources. The PUC has requested that the Department of Commerce Energy Facilities Permitting staff collect public comments on the PUC permit standards and setbacks and make recommendations to the Commission by the end of November 2007. Public Comments Interested parties are encouraged to submit comments on the historic PUC wind siting standards, suggest additional siting standards or modifications to PUC's historic standards. In addition, parties are encouraged to comment on procedural matters related to siting wind facilities by the PUC or by counties and technical assistance needs which could be provided to counties in the future by the DOC EFP staff. Interested parties may comment on the proposed delegation process and PUC wind siting standards by submitting written comments by 4:30 p.m. on October 31, 2007. Written comments can be sent by mail, fax or by email. Please include the following docket number (E,G999/M-07-1102) on written comments. Written or fax comments should be directed to: Minnesota Department of Commerce, 85 7t' Place East, Suite 500, St. Paul, MN 55101-2198, fax 651-297-7891. Additional information about the process to establish general permit standards, the state wind siting process, rules guiding the review process, and additional information is available and will be updated on the MPUC website at: http://energyfacilities.puc.state.mn.us/Docket.html?Id=19302 The DOC will take comments into consideration in making its general permit standards and setback recommendations to the PUC in late November 2007. Historic PUC Wind Setbacks Wind Access Buffer: The largest setback the PUC requires for LWECS projects is the Wind Access Buffer, which can be from 760 — 1640 feet, depending on turbine rotor diameter and predominant wind direction. This setback is measured from the boundaries of the permittee's wind development rights, which may consist of one isolated parcel of wind rights or thousands of acres of wind and land rights made up of many individual, contiguous parcels. This setback protects the wind developments rights of neighboring wind rights owners by requiring projects be spaced apart to ensure that one permitted project does not "take" or negatively affect the wind development rights owned by or assigned to others. Homes and Noise: PUC issued site permits require a 500 foot minimum setback from homes and an additional distance sufficient to meet the residential Minnesota Noise Standard, Noise Area Classification 1, L50 50 dBA during overnight hours measured at residential receptors. See Minnesota Rules Chapter 7030. Typical utility scale wind turbines today typically require750 — 1200 foot setbacks from homes to meet the standard. Each turbine, project layout and local vegetative, topographic, and other conditions will dictate the total setback required to meet the noise standard. Public Roads: PUC issued site permits have historically required a 250 foot minimum setback from the edge of public road rights -of -way. The table below summarizes all historic PUC LWECS site permit setbacks. Some of these setbacks have evolved over time due to changing circumstances or have been varied on a limited, case -by -case basis. Historic PUC Wind Setbacks Resource Category PUC Historic Standard Minimum Setback PUC Permit Condition Wind Access Buffer (setback from lands and/or wind rights not under Permittee's control) 5 rotor diameters on the predominant wind axis or downwind (typically north -south), 3 rotor diameters on the secondary or crosswind (typically east -west) axis if wind rose shows lesser winds from secondary or crosswind direction. 3 RD (760 — 985 ft) on east -west axis and 5 RD (1280 — 1640 ft) on north - south using turbines with 78 —100 m rotor diameters III.C.1 Homes At least 500 ft and sufficient distance to meet state noise standard (below). 500 feet + state noise standard. IILC.2 Noise Standard Project must meet Minnesota Noise Standards, Minnesota Rules Chapter 7030, at all residential receivers (homes). Residential noise standard NAC 1, L50 50 dBA during overnight hours. Setback distance calculated based on site layout and turbine by developer for each residential receptor near each project. Typically 750 —1500 ft required to meet noise standards depending on turbines, layout, site specific conditions. III.E.3 Public Roads Minimum setback of 250 feet from edge of public road ROW 250 ft III.C.3 Wildlife Management Areas No turbines, towers or associated facilities in public lands. No setback required historically. III.C.4 Meteorological Towers 250 foot setback from edge of road rights- of -way and boundary of developer's site control (wind and land rights). 250 ft from road ROW and boundary of site control. Wetlands No turbines, towers or associated facilities in public waters wetlands. However, access road and electric line crossings may be permitted and subject to DNR, FWS, and/or USACOE permits III.C.5 Native Prairie Native prairie protection plan to be submitted if native prairie is present. III.C.6 Sand and Gravel Operations No turbines, towers or associated facilities in active sand and gravel operations, unless negotiated with the landowner. III.C.7 Internal Turbine Spacing Turbines spaced 5 rotor diameters apart for downwind spacing and 3 rotor diameters apart for crosswind spacing. Additional case -by -case analysis based on topographic conditions. 5 rotor diameters downwind spacing 3 rotor diameters apart for crosswind spacing III.D.5 Questions: I. Are these the proper resource categories to establish setbacks from? 2. Are there additional resource categories for which a setback should be developed? 3. Are there resource categories and setbacks which should be eliminated in the PUC's general permit standards decision? 4. Do you believe these minimum setback distances are inadequate, adequate, or excessive? 5. How should the minimum setback distances be changed or modified? If so, please describe the rationale for each change. Additional Standards The following list summarizes the additional PUC's standards applied to LWECS site permits and references the permit condition where each standard is found. These standards have evolved and have been refined over time in response to changing times, technology, permitting requirements of other agencies, etc... • Wind Turbines: Monopole design, uniform white/off white color. Permit condition • Topsoil and Compaction. Must protect and segregate topsoil from subsoil in cultivated lands unless otherwise negotiated with affected landowner. Must minimize compaction of all lands during all phases and confine compaction to as small area as possible. Permit conditions III.B.2 and III.B.3. • Fences. Promptly repair or replace all fences and gates removed or damaged during project life. Provide continuity of electric fence circuits. Permit condition III.B.5 • Drainage Tile. Shall take into account, promptly repair or replace all drainage tiles broken or damaged during all phases of project life unless otherwise negotiated with affected landowner. Permit condition IILB.6. • Equipment Storage. Shall not locate temporary equipment staging areas on cultivated lands unless negotiated with landowner. Permit condition III.B.7. • Public Roads. Identify roads to be used in project construction. Inform public jurisdiction controlling each road to determine inspection of road prior to use. Permittee shall make satisfactory arrangements (including obtaining permits) for road use, access road intersections, maintenance and repair of damage with governmental jurisdiction with authority over each road. Permit condition III.B.8.a. • Turbine Access Roads. Construct smallest number of access roads it can. Roads must be low profile to allow farm equipment to cross. Shall be constructed of Class 5 gravel or similar material. Shall not obstruct runoff or watersheds. Permit condition IILB.8.b. • Private Roads. Shall promptly repair private roads or lanes damaged unless otherwise negotiated with landowner. Permit condition III.B.8.c. • Soil Erosion and Sediment Control. Permittee shall submit its Storm Water Pollution Prevention Plan submitted to the Minnesota Pollution Control Agency as part of its NPDES construction permit application. Permit condition III.B.9. • Cleanup. Shall remove all waste and scrap from site. Permit condition III.B.10. • Tree Removal. Minimize tree removal and negotiate all tree or shelter belt removal with landowner. Permit condition III.B.1 1. • Restoration. Shall restore area affected by any LWECS activity to pre construction condition, to the extent possible within eight (8) months of completion of turbine construction. Permit condition III.B.12. • Hazardous Waste. Shall be responsible for compliance will all laws applicable to the generation, storage, transportation, clean up and disposal of hazardous wastes generated during any phase of the project's life. Permit condition III.B.13. • Application of Herbicides. Restrict use to those herbicides and methods approved by the Minnesota Department of Agriculture. Must contact landowner prior to application. Permit condition III.B.14. • Public Safety. Permittee shall provide any safety measures such as warning signs or gates for traffic control or to restrict public access. Permit condition III.B.15. " F i r e P r o t e c t i o n . P e r m i t t e e s h a l l p r e p a r e f i r e p r o t e c t i o n a n d m e d i c a l e m e r g e n c y p l a n i n c o n s u l t a t i o n w i t h l o c a l f i r e d e p a r t m e n t . S h a l l s u b m i t t o P U C u p o n r e q u e s t . P e r m i t c o n d i t i o n I I I . B . 1 6 . " T o w e r I d e n t i f i c a t i o n . A l l t u r b i n e t o w e r s s h a l l b e m a r k e d w i t h a v i s i b l e i d e n t i f i c a t i o n m a r k e r . P e r m i t c o n d i t i o n I I I . B . 1 7 . " N a t i v e P r a i r i e . M u s t s u b m i t n a t i v e p r a i r i e p r o t e c t i o n p l a n s w h e r e a p p l i c a b l e . P e r m i t c o n d i t i o n I I I . C . 6 " E l e c t r o m a g n e t i c I n t e r f e r e n c e . S h a l l c o n d u c t a s s e s s m e n t o f t e l e v i s i o n s i g n a l r e c e p t i o n a n d m i c r o w a v e s i g n a l p a t t e r s i n p r o j e c t a r e a p r i o r t o c o n s t r u c t i o n . P e r m i t t e e i s r e s p o n s i b l e f o r a l l e v i a t i n g a n y d i s r u p t i o n o r i n t e r f e r e n c e c a u s e d b y w i n d t u r b i n e s o r a s s o c i a t e d f a c i l i t i e s . P e r m i t c o n d i t i o n I I I . D . 3 . " T u r b i n e L i g h t i n g . N o l i g h t s o r p a i n t c o l o r o n w i n d t u r b i n e s o r m e t t o w e r s o t h e r t h a n w h a t i s r e q u i r e d b y F A A . P e r m i t c o n d i t i o n I I L D . 4 . " P r o j e c t E n e r g y P r o d u c t i o n : T h e P e r m i t t e e s h a l l , b y J u l y 1 5 o f e a c h y e a r , r e p o r t t o t h e P U C o n t h e m o n t h l y e n e r g y p r o d u c t i o n o f t h e P r o j e c t a n d t h e a v e r a g e m o n t h l y w i n d s p e e d c o l l e c t e d a t o n e p e r m a n e n t m e t e o r o l o g i c a l t o w e r s e l e c t e d b y t h e P U C d u r i n g t h e p r e c e d i n g y e a r o r p a r t i a l y e a r o f o p e r a t i o n . P e r m i t c o n d i t i o n I I I . H . 1 - 2 . " E x t r a o r d i n a r y E v e n t s : W i t h i n 2 4 h o u r s o f a n o c c u r r e n c e , t h e P e r m i t t e e s h a l l n o t i f y t h e P U C o f a n y e x t r a o r d i n a r y e v e n t . E x t r a o r d i n a r y e v e n t s i n c l u d e b u t s h a l l n o t b e l i m i t e d t o : f i r e s , t o w e r c o l l a p s e , t h r o w n b l a d e , c o l l e c t o r o r f e e d e r l i n e f a i l u r e , i n j u r e d L W E C S w o r k e r o r p r i v a t e p e r s o n , k i l l s o f t h r e a t e n e d o r e n d a n g e r e d s p e c i e s , o r d i s c o v e r y o f a n u n e x p e c t e d l y l a r g e n u m b e r o f d e a d b i r d s o r b a t s o f a n y v a r i e t y o n s i t e . P e r m i t c o n d i t i o n I I I . H . 3 . " C o m p l a i n t s : P r i o r t o t h e s t a r t o f c o n s t r u c t i o n , t h e P e r m i t t e e s h a l l s u b m i t t o t h e P U C t h e c o m p a n y ' s p r o c e d u r e s t o b e u s e d t o r e c e i v e a n d r e s p o n d t o c o m p l a i n t s . T h e P e r m i t t e e s h a l l r e p o r t t o t h e P U C a l l c o m p l a i n t s r e c e i v e d c o n c e r n i n g a n y p a r t o f t h e L W E C S i n a c c o r d a n c e w i t h t h e p r o c e d u r e s p r o v i d e d i n p e r m i t . P e r m i t c o n d i t i o n I I I . H . 4 . " A s - B u i l t P l a n s a n d S p e c i f i c a t i o n s : W i t h i n 6 0 d a y s a f t e r c o m p l e t i o n o f c o n s t r u c t i o n , t h e P e r m i t t e e s h a l l s u b m i t t o t h e P U C a c o p y o f t h e a s - b u i l t p l a n s a n d s p e c i f i c a t i o n s . T h e P e r m i t t e e m u s t a l s o s u b m i t t h i s d a t a i n a g e o g r a p h i c i n f o r m a t i o n s y s t e m ( G I S ) f o r m a t f o r u s e i n a s t a t e w i d e w i n d t u r b i n e d a t a b a s e . P e r m i t c o n d i t i o n I I I . I . 1 - 2 . " D e c o m m i s s i o n i n g P l a n . M u s t s u b m i t a d e c o m m i s s i o n i n g p l a n d e s c r i b i n g m a n n e r P e r m i t t e e p l a n s o n m e e t i n g r e q u i r e m e n t s o f M i n n e s o t a R u l e 7 8 3 6 . 0 5 0 0 , s u b p a r t 1 3 . P e r m i t c o n d i t i o n I I I . G . 1 . " S p e c i a l C o n d i t i o n s : P U C i s s u e d s i t e p e r m i t s o f t e n i n c l u d e a d d i t i o n a l s p e c i f i c a n d s p e c i a l c o n d i t i o n s r e g a r d i n g s u c h i s s u e s a s t h r e a t e n e d o r e n d a n g e r e d s p e c i e s w h i c h a r e d e v e l o p e d o n a c a s e - b y - c a s e b a s i s . P e r m i t c o n d i t i o n I I I . M . 1 . Q u e s t i o n s : 6 . A r e t h e s e s t a n d a r d s i n a d e q u a t e , a d e q u a t e , o r e x c e s s i v e ? 7 . A r e t h e r e s t a n d a r d s t h a t s h o u l d b e e l i m i n a t e d i n t h e P U C ' s g e n e r a l p e r m i t s t a n d a r d s d e c i s i o n ? 8 . A r e t h e r e a d d i t i o n a l s t a n d a r d s t h a t s h o u l d b e c o n s i d e r e d i n t h e P U C ' s g e n e r a l p e r m i t s t a n d a r d s d e c i s i o n ? 9. Do these standards conflict with county ordinances, county procedures, or additional county permits required to be issued? 10. Please suggest any modifications to existing standards which should be considered in the PUC's general permit standards decision. DOC Project Contacts Questions about PUC site permit standards, the standards review process, or wind development and permitting generally may be directed to: Adam Sokolski, Project Manager Minnesota Department of Commerce 85 7t' Place East, Suite 500 St. Paul, MN 55101-2198 Tel: 651-296-2096 Fax: 651-297-7891 e-mail: adam.sokolski@state.mn.us Deborah Pile, Unit Supervisor Minnesota Department of Commerce 85 7th Place East, Suite 500, St. Paul, MN 55101-2198 Tel: 651-297-2375 Fax: 651-297-7891 e-mail: deborah.pile@state.mn.us f�meri�� Ener�sociation FACTS ABOUT WIND ENERGY AND NOISE What is noise? "Noise," when one is talking about wind energy projects, basically means "any unwanted sound." Whether a noise is objectionable will vary depending on its type (tonal, broadband, low - frequency, impulsive, etc.) and the circumstances and sensitivity of the individual who hears it (often referred to as the "receptor"). As with beauty, often said to be "in the eye of the beholder," the degree to which a noise is bothersome or annoying is largely in the ear of the hearer. What may be a soothing and relaxing rhythmic swishing sound to one person may be quite troublesome to another. Because of this, there is no completely satisfactory and impartial way to measure how upsetting a noise may be to any given person. Still, it is possible to objectively measure how loud a noise is. Here is a table showing the loudness ("sound pressure level") of some common noises: LEVEL iiN Sound Pressure Level, d6 Sound Pressure, Pa Pneu atic Chipper (at 6 It) Textile Loom Newspaper Press 0 iesei .Truck 40 mph (at 60 ft) Pager Car 50 mph (at 501t) Conversation (a13 ft) Ou lei Roars 120 20 110 1Q 5 100 2 90 0.5 BO 0.2 70 0.1 0.05 60 0.02 50 0.01 - 0.005 40 0.002 30 0.001 - 0.0005 20 0.0002 10 0 0001 0.00005 Rack-n-Rolf Band Power Law'* Mower (at operator's ear) Milling Machine ((at4 ft Garbage Disposal (at 3 1) Vacuum Cleaner Air Conditioning (Window Unit at 25 ft) Source: Canadian Centre for Occupational Health and Safety (see www.ccohs.ca/oshanswers/ohvs agents/noise basic.html ). What kinds of noise do wind turbines produce? Wind turbines most commonly produce some broadband noise as their revolving rotor blades encounter turbulence in the passing air. Broadband noise is usually described as a "swishing" or "whooshing" sound. Some wind turbines (usually older ones) can also produce tonal sounds (a "hum" or "whine" at a steady pitch). This can be caused by mechanical components or, less commonly, by unusual wind currents interacting with turbine parts. This problem has been nearly eliminated in modern turbine design. How noisy are wind farms? Good question, and a difficult one. Wind plants are very, very quiet compared to other types of industrial facilities, such as manufacturing plants, but most industrial plants are not located in rural or low -density residential areas. In those types of areas, background noise tends to be lower than in urban areas. On the other hand, wind plants are always located where the wind speed is higher than average, and the "background" noise of the wind tends to "mask" any sounds that might be produced by operating wind turbines —especially because the turbines only run when the wind is blowing. The only occasional exception to this general rule occurs when a wind plant is sited in hilly terrain where nearby residences are in dips or hollows downwind that are sheltered from the wind —in such a case, turbine noise may carry further than on flat terrain. Virtually everything with moving parts will make some sound, and wind turbines are no exception. However, well -designed wind turbines are generally quiet in operation, and compared to the noise of road traffic, trains, aircraft, and construction activities, to name but a few, the noise from wind turbines is very low. Noise used to be a very serious problem for the wind energy industry. Some early, primitive types of turbines built in the early 1980s were extremely noisy, to the point that it was annoying to hear them from as much as a mile away. The industry quickly realized that this problem needed to be dealt with, however (particularly in Europe, where turbines are often located in or near residential areas), and manufacturers went to work on making their machines quieter. Today, an operating wind farm at a distance of 750 to 1,000 feet is no noisier than a kitchen refrigerator or a moderately quiet room. Source/Activity Indicative noise level dB (A) Threshold of hearing 0 Rural night-time background 20-40 Quiet bedroom 35 Wind farm at 350m 35-45 Car at 40mph at 100m 55 Busy general office 60 Truck at 30mph at 100m 65 Pneumatic drill at 7m 95 Jet aircraft at 250m 105 Threshold of pain 140 Source: The Scottish Office, Environment Department, Planning Advice Note, PAN 45, Annex A: Wind Power, A.27. Renewable Energy Technologies, August 1994. Cited in "Noise from Wind Turbines," British Wind Energy Association, http://www.britishwindenergy.co.uk/refinoise.html . The best test is to simply experience the noise from a turbine for yourself. You will find that you can stand directly beneath a turbine and have a normal conversation without raising your voice. What have manufacturers done to reduce wind turbine noise? Most rotors are upwind: A wind turbine can be either "upwind" (that is, where the rotor faces into the wind) or "downwind" (where the rotor faces away from the wind). A downwind design offers some engineering advantages, but when a rotor blade passes the "wind shadow" of the tower as the rotor revolves, it tends to produce an "impulsive" or thumping sound that can be annoying. Today, almost all of the commercial wind machines on the market are upwind designs, and the few that are downwind have incorporated design features aimed at reducing impulsive noise (for example, positioning the rotor so that it is further away from the tower). Towers and nacelles are streamlined: Streamlining (rounding or giving an aerodynamic shape to any protruding features and to the nacelle itself) reduces any noise that is created by the wind passing the turbine. Turbines also incorporate design features to reduce vibration and any associated noise. Soundproofing in nacelles has been increased: The generator, gears, and other moving parts located in the turbine nacelle produce mechanical noise. Soundproofing and mounting equipment on sound -dampening buffer pads helps to deal with this issue. Wind turbine blades have become more efficient: As the wind energy industry and wind engineers gain more experience with wind turbine operations, turbine blades are constantly being redesigned to make them more efficient. The more efficient they are, the more the wind's energy is converted into rotational energy and the less aerodynamic noise is created. Gearboxes are specially -designed for quiet operation: Wind turbines use special gearboxes, in which the gear wheels are designed to flex slightly and reduce mechanical noise. In addition, special sound -dampening buffer pads separate the gearboxes from the nacelle frame to minimize the possibility that any vibrations could become sound. What about small wind turbines for household or battery -charging use? Small wind turbines, paradoxically, tend to be noisier for their size than large machines, for two reasons: (1) The rotational speed of the blade tips is higher; and (2) Much more research money, both from government and private industry, has been invested in reducing noise from large turbines. The manufacturer of a small wind turbine should be able to provide you with information about its noise levels, based on standard measurement techniques. In addition, you can ask owners of small turbines about their experiences on the American Wind Energy Association's Home Energy Systems discussion list. To subscribe to this discussion, send an e-mail message to awea-wind- home-subscribe(@vahoogrouos.com . As with other types of equipment owned by homeowners, small wind turbines can be regulated by local communities through noise ordinances. Typically, such an ordinance will specify an allowable decibel level for noise at the property line nearest to the source. What other noises are associated with large wind proiects? Wind turbines are large pieces of industrial equipment, and installing them is, in essence, a major construction project. The construction phase of a project lasts only a few months, but during that period, noises will be produced that are typical of heavy construction, including: Truck traffic: A modern wind turbine is larger than a Boeing 747, with rotor blades that weigh thousands of pounds each and must be trucked to the site along with tower sections and other large components. The sound level is that caused by a highway truck moving at slow speed. Heavy equipment: A large construction crane is usually needed to install the nacelle and rotor atop the turbine tower. Cement mixing is necessary for turbine foundations. The sound levels of this equipment is comparable to a highway truck moving at slow speed. Foundation blasting: May occasionally be required if the wind plant is being installed in hilly or mountainous terrain where bedrock is close to the surface and cannot be broken up by other means. More frequently, foundation holes are excavated using backhoes, sometimes with a pneumatic hammer to break up subsoil rock. Obviously, it is desirable for construction activities that are likely to produce noise to be scheduled during normal working hours. What can be done to reduce the likelihood of a noise problem from a wind proiect? A noise analysis can be done based on the operating characteristics of the specific wind turbine that will be used, the type of terrain in which the project will be located, and the distance to nearby residences. Particular attention will need to be paid if residences are sheltered from the wind. Also, pre -construction noise surveys can be conducted to find out what the normally -occurring background noise levels are at the site, and to determine later on what, if anything, the wind project has added to those levels. The most common method for dealing with a potential noise issue, as indicated above, is to simply require a "setback," or minimum distance between any of the wind turbines in the project and the nearest residence, that is sufficient to reduce the sound level to a regulatory threshold. Some permitting agencies have set up noise complaint resolution processes. In such a process, typically, a telephone number through which the agency can be notified of any noise concern is made public, and agency staff work with the project owner and concerned citizens to resolve the issue. The process should include a technical assessment of the noise complaint to ensure its legitimacy. In general, wind plants are not noisy, and wind is a good neighbor. Complaints about noise from wind projects are rare, and can usually be satisfactorily resolved. BWEA - Are wind turbines noisy? Page 1 of 3 BWEA Hcme I About BWEA I Contact us I .'Media I Seam;. Onshore wind Offshore wind Wave & tidal Small wind systems Wales Wind farms in the UK Health & Safety Events Publications Latest news lobs Membership Company Directory Members Area Reference Noise from Wind Turbines - The Facts This document is also available in PDF format Delivering the UK's wind, wave and trial energy Prepared with assistance from the Hayes McKenzie Partnership, Consultants in Acoustics, Southampton and Machynlleth. Search: Virtually everything with moving parts will make some sound, and wind turbines are no exception. Well designed wind turbines are generally quiet in operation, and compared to the noise of road traffic, trains, aircraft and construction activities, to name but a few, the noise from wind turbines is very low. Outside the nearest houses, which are at least 300 metres away, and more often further, the sound of a wind turbine generating electricity is likely to be about the same level as noise from a flowing stream about 50- 100 metres away or the noise of leaves rustling in a gentle breeze. This is similar to the sound level inside a typical living room with a gas fire switched on, or the reading room of a library or in an unoccupied, quiet, air-conditioned office. Source/Activity Indicative noise level dB (A) Threshold of hearing 0 Rural night-time background 20-40 Quiet bedroom 35 Wind farm at 350m 35-45 Car at 40mph at 100m 55 Busy general office 60 Truck at 30mph at 100m 65 Pneumatic drill at 7m 95 Jet aircraft at 250m 105 Threshold of pain 140 Information taken from The Scottish Office, Environment Department, Planning Advice Note, PAN 45, Annes A: Wind Power, A.27. Renewable Energy Technologies, August 1994 As the table shows, the sound of a working wind farm is actually less than normal road traffic or an office. Even when wind speed increases, it is difficult to detect any increase in turbine sound above the increase in normal background sound, such as the noise the wind itself makes and the rustling of trees. 70 60 50 a o 40 ii 30 20 10 Background Noise and Turbine Noise vs. Wind Speed ----- ----- --- - - - - - - -- -- -- -- -- -- -------- -- -- -- ------- ------- 77 ;.. =- -- -- -- - - - - _ - ____ ________x�x_S&�''�L�__ ;:&ri�ei1AE mlfi..,il «», =3a..- ji.. -'_.. L-s'_,c... = =_= _ _ _ _ __ 10 Wind Speed Turbine Nacelle Height Ws) ' Eackgound Noi:c f10 Minute Swnple:l Tvibinc Graph taken from The Assessment & Rating of Noise from Wind Farms, The Working go Reference UK wind Energy Database http://www.bwea.com/ref/noise.html 5/8/2008 BWEA - Are wind turbines noisy? Page 2 of 3 Group on Wind Turbine Noise, September 1996. The best test is always to experience the noise from a turbine for yourself. You will find that it is perfectly possible to stand underneath a turbine and have a normal conversation, without raising your voice. What makes the noise? Almost all wind turbines producing electricity for the national grid consist of a tower, which is between 25 and 50 metres high; a nacelle (housing) containing the gearbox and generator, which is mounted on top of the tower, and 3 blades which rotate around a horizontal hub protruding from the nacelle. This type of turbine is referred to as a horizontal axis machine. There are two potential sources of noise: the turbine blades passing through the air as the hub rotates, and the gearbox and generator in the nacelle. Noise from the blades is minimised by careful attention to the design and manufacture of the blades. The noise from the gearbox and generator is contained within the nacelle by sound insulation and isolation materials. Standing next to the turbine, it is usually possible to hear a swishing sound as the blades rotate; and the whirr of the gearbox and generator may also be audible. However, as distance from the turbine increases, these effects are reduced. How is noise measured? Noise is measured in decibels (dB). The decibel is a measure of the sound pressure level, ie. the magnitude of the pressure variations in the air. An increase of 10 dB sounds roughly like a doubling of loudness. Measurements of environmental noise are usually made in dB(A) which includes a correction for the sensitivity of the human ear. The noise a wind turbine creates is normally expressed in terms of its sound power level. Although this is measured in dB(A), it is not a measurement of the noise level which we hear but of the noise power emitted by the machine. The sound power level from a single wind turbine is usually between 90 and 100 dB(A). This creates a sound pressure level of 50-60 dB(A) at a distance of 40 metres from the turbine, ie. about the same level as conversational speech. At a house 500 metres away, the equivalent sound pressure level would be 25-35 dB(A) when the wind is blowing from the turbine towards the house. Ten such wind turbines, all at a distance of 500 metres would create a noise level of 35-45 dB(A) under the same conditions. With the wind blowing in the opposite direction the noise level would be about 10 dB lower. Wind projects When planning a wind turbine project, careful consideration is given to any noise which might be heard outside nearby houses. Inside, the level is likely to be much lower, even with windows open. The potential noise impact is usually assessed by predicting the noise which will be produced when the wind is blowing from the turbines towards the houses. This is then compared to the background noise which already exists in the area, without the wind farm operating. There is an increase in turbine noise level as wind speed increases. However, as seen above, the noise from wind in nearby trees and hedgerows, around buildings and over local topography also increases with wind speed but at a faster rate. Wind turbines do not operate below the wind speed referred to as the cut -in speed (usually around 5 metres per second) and wind data from typical sites suggests that wind speeds are usually below this for about 300/0 of the time. Preliminary recommendations from the Wind Turbine Noise Working Group'', established by the DTI, are that turbine noise level should be kept to within 5 dB(A) of the average existing evening or night-time background noise level. This is in line with standard practice for assessment of most sources of noise except for transportation and some mineral extraction and construction sites when higher levels are usually permitted. A fixed low level of between 35 and 40 dB(A) may be specified when background noise is very low, ie. less than 30 dB(A). Different Types of Turbine Wind turbines may be designed in different ways and many of the differences have come about from a desire to minimise noise emissions: Upwind & Downwind Machines The majority of horizontal axis turbines are designed in such a way that the blades are always upwind of the tower. This has the effect of minimising any airflow changes as the blades pass the tower. Some turbine designs, particularly some of those installed in the http://www.bwea.com/ref/noise.html 5/8/2008 BWEA - Are wind turbines noisy? Page 3 of 3 USA, have the turbine blades downwind of the tower. With this type of design, a strong pulse can sometimes be heard with each passing of a blade behind the tower. However, most turbines currently operating in the UK are of the upwind design. Twin Speed and Variable Speed Machines Most horizontal axis turbines rotate at a constant speed, usually between 25 and 50 rpm, irrespective of wind speed. However, twin speed machines operate at a reduced speed when the wind is light. This produces less noise and means that when the noise of wind in the trees is low, the noise of the turbine is also significantly lower by up to 10 dB (A). Variable speed machines change speed continuously in response to changes in wind speed and, although noise output may be higher at higher wind speeds, it is lower at low wind speeds where the low background levels occur. Direct Drive Machines Direct drive turbines are the latest design concept in turbine technology. Simply put, these machines have no gearbox or drive train, and consequently no high speed mechanical (or electrical) components. Direct drive turbines are therefore much quieter than gearbox machines as they do not produce mechanical or tonal noise. An example of this type of turbine is the 1.5MW 'Ecotricity' turbine installed at Swaffham in Norfolk in September 1999. In conclusion, the noise produced by typical wind farms is so low that they would not be noticeable in most residential areas in the UK. However, the areas suitable for such developments tend to be in quiet but exposed areas of countryside. A significant amount of effort is put into minimising any noise impact but it should be emphasised that typical noise levels are so low for a carefully considered site that they would normally be drowned out by a nearby stream or by a moderate breeze in nearby trees and hedgerows . As said by the House of Lords in their Report on Electricity from Renewables`2: "thanks to improvements in technology ...., noise is no longer the issue it was." Click here to download The Assessment and Ratino of Noise from Wind Farms, produced by ETSU for the DTI *1 The Working Group on Wind Turbine Noise, The Assessment and Rating of Noise from Wind Farms, September 1996. ETSU-R-97. Available from: New & Renewable Energy Enquiries Bureau ETSU Harwell, Didcot, Oxon, OX11 ORA Tel: 01235 432 450 Fax: 01235 433 066 The working group was formed from independent experts on wind turbine noise. The main objectives of the group were to define a framework which can be used to measure and rate the noise from wind turbines and to provide indicative noise levels thought to offer a reasonable degree of protection to wind farm neighbours and encourage best practice in turbine design and wind farm siting and layout. *2 House of Lords Select Committee on the European Communities, 12th Report, Session 1998-99, Electricity from Renewabies HL Paper 78, available from: The Stationery Office, Publications Centre PO Box 276, London SW8 5DT General enquiries Lo-call 0345 123 474 Telephone orders Lo-call 0345 585 463 Fax orders 0171 873 8200 The report costs £10.40 and the evidence is £20.30 , earch I Contact site rnap I _i BWEA, 2007 http://www.bwea.com/ref/noise.html 5/8/2008 ELM CREEK WIND, LLC ELM CREEK WIND PROJECT PUC SITE PERMIT APPLICATION Table 2-1 Wind Turbine Characteristics Characteristic GE 1.5 MW Turbine Suzlon 2.1 MW GE 2.5141W Vestas 3.0 MW Nameplate capacity 1,500 kW 2,100 kW 2,500 kW 3,000 kW Hub height 80 m (262 ft) 80 m (262 ft) 85 to 100 m (279 to 328 ft) 80 to 105 m (262 to 345 ft) Rotor Diameter 78 m (256 ft) 88 m (289 ft) 88 to 100 m (289 to 328 ft) 90 m (295 ft) Total height' 119 m (390 ft) 124 m (407 ft) 135 to 150 m (443 to 493 ft) 125 to 150 m (410 to 493 ft) Cut -in wind speed2 3 m/s (6.7 mph) 4 m/s (8.9 mph) 3.5 m/s (7.8 mph) 4 m/s (8.9 mph) Rated capacity wind speed 11.8 m/s (26.4 mph) 14 m/s (31.3 mph) 12.5 m/s (28.0 mph) 15 m/s (33.6 mph) Cut-out wind speedo 25 m/s (45 mph) 25 m/s (45 mph) 25 m/s (45 mph) 25 m/s (45 mph) Maximum sustained wind speeds Over 45 m/s (100 mph) Over 45 m/s (100 mph) N/A Over 42.5 m/s (05 mph) Rotor speed 10.1 to 20.4 rpm 15.1 to 17.7 rpm 5.5 to 16.5 rpm 9.9 to 18.4 rpm Distance to 50 dBA noise level 623 ft 850 ft N/A 788 ft Total height =the total turbine height from the ground to the tip of the blade in an upright position z Cut -in wind speed = wind speed at which turbine begins operation 3 Rated capacity wind speed = wind speed at which turbine reaches its rated capacity 4 Cut-out wind speed = wind speed above which turbine shuts down operation 5 Maximum sustained wind speed = wind speed up to which turbine is designed to withstand N/A = information is not available. Each tower will be secured by a concrete foundation that can vary in design depending on the soil conditions. A control panel inside the base of each turbine tower houses communication and electronic circuitry. Each turbine is equipped with a wind speed and direction sensor that communicates to the turbine's control system to signal when sufficient winds are present for operation. The turbines feature variable -speed control and independent blade pitch to assure aerodynamic efficiency. HDR ENGINEERING, INC. 2-2 JUNE 15, 2007 80.0 70.0 60.0 Q ma 50.0 m J co 40.0 'o L a 20.0 10.0 Predicted Noise Levels for 1.5 MW, 2.1 MW and 3.0 MW Wind Turbines (dBA) mesa 0.0 0 200 400 600 800 1000 1200 1400 Distance from Turbine (feet) MW Turbine 2.1 MW Turbine MW Turbine PPM Energy u s,o/1111, ... Co.*DaT Figure 5-1 Predicted Noise Levels for 1.5 MW, 2.1 MW and 3.0 MW Wind Turbines Elm Creek Wind Project Jackson & Martin Counties, MN Agenda Item: 8 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Associate Planner; through Planning Director Benetti DATE: June 5, 2008 MEETING: June 10, 2008 Planning Commission SUBJ: Uptown Hamel Zoning District Amendment Background The Commission had a brief discussion regarding the Uptown Hamel ordinance at the May meeting. Since that time, staff has presented the ordinance to the Uptown Hamel Business Association and also held an open house which all owners in the district were invited to. The primary concern expressed, consistent with the discussion last month at the Commission meeting, was with regards to the impact of no longer permitting single family homes in the district (see information below for additional information on this subject). There were also a number of property owners concerned about the required residential development of 10 units/net acre. The owners fear that this may reduce the value of the smaller lots because they could no longer sell to someone interested in constructing a traditional office or retail shop. The owners seek more flexibility in terms of allowed uses. Staff also sought input on the uses in the district. Last year, the City reviewed a concept plan for a memory care facility in the Uptown Hamel district. This use (and similar uses such as nursing homes and assisted living facilities) is not currently allowed. A few people at the Open House expressed support for such uses. The Planning Commission should make a recommendation on this matter to the Council as well. Comprehensive Plan Compliance The Comprehensive Plan identifies the Uptown Hamel area as MU-B. Below is a description of the MU-B land use, and also the Objectives for Mixed -Use designations from the Comp Plan. As the Commission discusses the zoning districts, it is necessary that they are designed in a way which is consistent with the information in the Comp Plan. Mixed Use -Business (MU-B) provides opportunities for multiple, compatible uses on one site including two or more of the following: residential, general business, commercial, or office. Residential densities in this designation will be between 7.0 units per acre and 45.0 units per acre and may include some vertically integrated uses. The mixed -use business areas will be served by urban services. A Mixed -Use The mixed -use designations focus on integrating a mix of uses to help promote housing and commercial diversity within the community. Such mixed -use designations are concentrated along the TH 55 corridor to promote a more compact development pattern in proximity to existing infrastructure and will include residential and commercial components with ratios of use determined by topography and market conditions. Mixed -use areas are all located in the urban service area. Objectives: 1. Allow a mix of residential and commercial uses to co -exist on adjacent parcels as well as within the same structure or on the same parcel. 2. Consider alternatives for meeting parking requirements including parking in the rear of buildings, shared parking, on -street, underground, or ramp parking. 3. Use building standards that enhance and maintain the small town heritage and traditional small-town look including brick facades, traditional street lighting, and overhangs over the sidewalk, boardwalks, and the like. 4. Involve residents, businesses, community groups and other stakeholders in the planning of these areas. 5. Create master plans for mixed -use areas to ensure integration of uses and responsiveness to adjacent land uses. To achieve the residential units described by the Comprehensive Plan, approximately 210 residential units would be necessary in the Uptown Hamel area (approximately 30 acres developable x 7 units/acre). Requiring Residential Development in UH-1 As discussed at the May PC meeting, mandating new developments to incorporate a residential component is the surest way for the ordinance to be consistent with the Comp Plan. The only difference between the UH-1 and UH-2 districts is the residential requirement. Owners at the open house had expressed concern about this requirement, especially on their % acre house site. Developing a % acre site would require 3 residential units. If the Commission is also concerned about requiring residential development, Uptown Hamel could be left as one district. This would allow any parcel to develop with commercial, residential, or a mix of both. The ordinance could require stand alone residential development to have a net density of 10 units/net acre, and less if combined with commercial uses. This would be consistent with the Comprehensive Plan if the City were confident that a number of parcels would develop with higher density residential uses. Argent Parc, for example, is 18 units on just over %2 an acre, for a density of 34 units/net acre. Allowed Uses The consensus of the Commission seemed to favor the very specific list of uses. On the following page are the Permitted Uses in the current ordinance. 2 Antique or Gift Shop Jewelry Store Appliance Store Launderettes or Self -Service Laundries Art and School Supply Leather Goods and Leather Shop, but not Tanning Art Dealers Liquor Store, On and Off Sale Artists' Studios Loan and Finance Companies (but not a Pawn Shop) Auto and Marine Sales (indoor only) Locksmith Bakery or Pastry Shop Meat Market, for Retail Sales on Premises Only Banks and Financial Institutions Medical Offices Barber Shop and Beauty Shop Medical Supply Store Bed and Breakfast Inns Motor Vehicle and Parts Dealers Bicycle Sales and Repair Shop Museums and Cultural Centers Bowling Alley Music Store Building Material and Garden Equipment and Supply Dealers Music Studios Business, Commercial, or Trade Schools Newsstand Camera, or Photographic Supply Store Office Candy, Ice Cream, Soft Drinks, or Confectionery Stores, Excluding Drive -In Type Service Office Supplies, Stationery Canvas and Canvas Products Optical Laboratory Carpet and Rug Stores Other Personal and Household Goods Repair and Maintenance (Tailor Shop) Clothing and Clothing Accessories Stores Pet Supplies Stores Clubs and Lodges Philatelic Store Coin Store Photography Studio Computer Stores Picture Framing Shop Costume Rental Plumbing Craft Shop, including products made on -site Pottery and China Sales Dance Studio and Dance School Print Shop Delicatessen Printing and Publishing Dairy Store Repair of Household Goods Day Nursery and Day Care Discount Store Restaurants, but not Drive -In Type Sauna Sales Drug Store Secretarial and Word Processing Services. Dry Cleaning and Laundry Services Sewing Machine Sales and Service Shop Electrical Appliance Store Shoe Store Electronic Shopping and Mail -Order Establishment Shoe and Leather Goods Repair Shop Electronics Stores Sporting Goods Store Florists Sports and Health Clubs Food and Beverage Stores Taxidermy Shop Furniture and Home Furnishings Stores Telephone Booth (Outside) Game Store Television and Radio Store and Repair Store Gift Shop Theater, Excluding Drive -In Type of Service General Merchandise Stores Tobacco Stores Grocery Store Toy Store Hair, Nail and Skin Care Services Transit Station Hardware Store Travel Services Health and Personal Care Stores Upholstery Shop Hobby Store Used Merchandise Stores Hotel / Motel Variety Store Ice Cream -Frozen Dessert Sales Video Store Interior Decorating Studio 3 The following uses are listed as Conditional Uses in each district in the proposed draft. UH-1 Conditional Uses UH-2 Conditional Uses Drive -In Service Businesses Drive -In Service Businesses Pet Shop Mortuary or Funeral Home Essential Public Utility and Service Structures Pet Shop Outdoor Dining, Drinking or Entertainment Tire, Battery, and Muffler Stores area Electrical and Other Skill Trades Electronic and Computer Manufacturing Off -Street Parking Lot or Ramp Essential Public Utility and Service Structures Outdoor Recreational Sport Courts Religious Institutions - Including an Existing Cemetery Outdoor Dining, Drinking or Entertainment area Skill Trades, Provided there is no Outside Storage Off -Street Parking Lot or Ramp Outdoor Recreational Sport Courts The following uses are listed as Interim Uses in each district in the proposed draft. UH-1 Interim Uses UH-2 Interim Uses Minor Auto Repair Minor Auto Repair Residential Dwellings under density requirements Sauna Manufacturing and Assembly Small Scale Light Manufacturing of Products for On -Site Retail Sales Residential Dwellings under density requirements If the Commission believes any of the permitted or conditional uses are not consistent with the vision for Uptown Hamel, they should recommend such uses be added as an Interim Use or removed from the allowed uses entirely. Staff inquired at the Open House if participants did not support any of these uses. Three of the attendees were concerned with Laundromats; two with Appliance Stores, Bowling Alleys, Liquor Stores, Tobacco Stores, and Transit Stations. The service/retail uses on the following page are not currently listed as allowed uses in either UH-1 or UH-2. Staff believes a couple of the uses (Book Stores and Coffee Shops) were likely oversights as they seem to fit very well with the purposes of Uptown Hamel. The Commission heard a Concept Plan back in December 2007 proposing a Memory Care Facility in the Uptown Hamel area. This use would need to be added to the allowed uses if such a proposal were to move forward. Responses from the Open House did seem to support Nursing Homes/Assisted Living type uses, and also Entertainment Centers and Footwear and Leather Goods Repair. Many respondents also signified support for Lawn and Snow Contractor uses, but this may have been a result of a Lawn/Snow Contractor who attended the meeting. The Commission should recommend adding any use below which they believe is consistent with the purposes of the Uptown Hamel area. Nursing Homes Parcel Delivery Assisted Living Facilities Automotive Service Station (motor fuel stations) Memory Care Facility Footwear and Leather Goods Repair Book Store Entertainment Center Catering Wholesale business Paint and Wallpaper Store Warehousing Coffee Shop Television and Radio Station Department Stores Lawn and snow contractor Hospital Building contractors or subcontractors Business and technical schools which are post secondary Telecommunications tower as defined in the section 828.xx Laboratories Rental centers Convenience Store Towing Pawn Shop Extermination and pest control Animal Hospital (Veterinary Clinic) Warehouse Clubs and Superstores Auto Body or Repair Shop Distributor Existing Uses Inconsistent with Uptown Hamel The Commission seemed favorable to using the Interim Use tool to handle existing uses which are not consistent with the district (single family homes, manufacturing uses, etc.). The Commission asked for more information on how such a change may impact owners getting financing on their homes. Staff spoke with a number of financial institutions. Generally, they reported that the main question they ask is: "can. the house be re -built if it is destroyed by a fire?" Staff has made this allowance even more explicit within the text of the ordinance. Some lenders stated that there may be additional paperwork necessary for uses which are zoned commercial, or have uses that are conditional or interim (rather than permitted). Additionally, lenders stated that conditional or interim uses may have a harder time utilizing federal funding or FHA loans. Staff altered the language regarding reconstruction to make it very explicit that these uses may be rebuilt (see page 4, Section 834.06). Architectural Design Staff sought feedback from Open House participants on architectural guidelines as well. Photos of mixed -use and higher density residential developments were displayed for comment. Participants favored traditional building materials (brick, stucco, and dominant windows), setbacks on higher levels, canopies and porches. All of these materials and features are consistent with the existing Uptown Hamel regulations. 5 It appeared that the participants preferred additional setbacks for residential developments. Currently, the ordinance would allow a maximum front setback of 10 feet, and has no minimum front setback for residential uses. Participants also seemed to favor differentiation of colors, which staff could easily incorporate into the standards. LID and Affordable Housing Incentives/Regulations Staff integrated two Low Impact Design practices into the ordinance as well. Longer rows of parking, under this draft, would need to integrate landscaping areas capable of infiltrating runoff [see page 10, subd. 3(f)]. Staff added an incentive for LEED certification and for affordable housing. Buildings are generally limited to three stories, but the draft ordinance would allow a fourth story if the building is LEED certified or if 10% of the residential units are dedicated as affordable units [see page 8 clause (h)] Staff also clarified that "green roofs" are permitted [see page 8, clause (f)] Other Feedback from Open House As stated above, the primary feedback from the Open House related to an existing homeowner being able to rebuild their home if it were destroyed by a fire or storm, and also being able to acquire financing if the use is no longer permitted. Staff adjusted the language to make it very explicit, and the consensus among lenders was that financing may have some additional limitations, but should be able to be accomplished. The other concern related to the effect on development flexibility of requiring 10 units/net acre of residential on very small lots. Councilmember Weir suggested requiring all parking ramps have the first level at least 50% under grade in order to reduce visual impact. If the Commission is supportive of this requirement, it can be added to the parking ramp regulations [see page 11, subd 4]. Attachments 1. Draft Ordinance 2. Updated DRAFT zoning map 6 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE PERTAINING TO THE UPTOWN HAMEL ZONING DISTRICT; AMENDING SECTION 834 AND ADDING NEW SECTION 834.5. The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 834 is amended by deleting the stricken material and adding the underlined material as follows: 834. ZONING — UPTOWN HAMEL —1 DISTRICT Section 834.01. Purpose. The purpose of this Section is Tto create a distinctive Uptown Hamel area district that is an attractive, pedestrian -friendly, mixed -use town center, by using building facades, porches, walkways, landscaped plazas, lighting, signage, landscaping and parking to blend retail, office, higher -density housing, specialty shops, and gathering spots into a unified and viable community. All new development within the Uptown Hame1-1 district shall include at least 10 residential units per net acre in order to achieve the density described by the Mixed Use -Business land use described with the city's Comprehensive Plan. Section 834;06 834. 2. U town Hamel Conce t Plan. In general, the regulations governing the Uptown Hamel Zoning District consist of all the provisions in this ordinance and the Uptown del-Ceneep—'a cis hereby made a part of this ordinance to provide guidance in evftlati}}g eyi-e-y f $-REI—apple- ziffg-�li iiS airs-urscr-rvr The Uptown Hamel Concept Plan provides guidance to applicants and the city in preparing, evaluating, reviewing and approving site Mans in the Uptown. Hamel - 1 district. The Concept Plan i herebv adopted and incorporated as part of this ordinance. The following maps and illustrations are included U-1340xx tx uaxviei Geffe rxt Phif Ma Uptown Hamel Concept Plan Illustrations Section 834.02 834.03. Permitted Uses. Within the Uptown Hamel 1 Zoning Ddistrict the following shall be permitted uses subject to site plan approval and other provisions of this district. A combination of the following uses is allowed on a particular parcel, but is not required. All new development must include a residential component that has a densi of at least 10 residential units per net acre. n„} 1. Park and Open Space 2. Library 3. Post Office 4. Fire Station 5. Other Public Buildings 6. Detached Single Family Dwellings 7. Two Family Dwellings 8. Apartment Units 9. Multiple Family D vcllingslCondominiums 10. Bed and Breakfast Inns 11. Hotel Motel 12. Day Care and Day Nursery Office, Retail, Services Uses. 1.3. Antique or Gift Shop 11. Appliance Store 15. Art and School Supply 16. Art Dealers 17. Artists' Studios 18. Auto and Marine Sales (indoor only) 19. Bakery or Pastry Shop 20. Banks and Financial Institutions 21. Bicycle Sales and Repair Shop 22. Bowling Alley 23. Building Material and Garden Equipment and Supply Dealers 21. Business, Commercial, or T-r- dcSchools 25. Camera, or Photographic Supply Store 26. Candy, Ice Cream, Soft Drinks, or Confectionery Stores, Excluding Drive In Type of Service 27. Canvas and Canvas Products 28. Carpet and Rug Stores 29. Clothing and Clothing Accessories Stores 30. Clubs and Lodges 31. Coin Store 32. Computer Stores 33. Costume Rental 35. Dance Studio and Dance School 36. Delicatessen 37. Dairy Store 38. Discount Store 39. Drug Store 2 10. Dry Cleaning and Laundry Services 11. Electrical Appliance Store 42. Electronic Shopping and Mail Order Establishment 43. Electronics Stores 11. Florists 15. Food and Beverage Stores 16. Furniture and Home Furnishings Stores 17. Game Store /18. Gift Shop 19. General Merchandise Stores 50. Grocery Store 51. Hair, Nail and Skin Care Services 52. Hardware Store 53. Health and Personal Care Stores 51. Hobby Store 55. Ice Cream Frozen Dessert Sales 56. Interior Decorating Studio 57. Jewelry Store 58. Launderettes or Self Service Laundries 59. Leather Goods and Leather Shop, but not Tanning 60. -fir-Stem,iz On nd rffv�tice.e 61. Loan and Finance Companies (but not a Pawn Shop) 62. Locksmith 63. Meat Market, for Retail Sales on Premises Only 64. Medical Offices 65. Medical Supply Store 66. Motor Vehicle and Parts Dealers 67. Museums and Cultural Centers 68. Music Store 69. Music Studios 70. Newsstand 71. Office 72. Office Supplies, Stationery 73. Optical Laboratory 71. Other Personal and Household Goods Repair and Maintenance (T, lei cliep) 75. Pet Supplies Stores 76. Philatelic Store 77. Photography Studio 78. Picture Framing Shop 79. Plumbing 80. Pottery and China Sales 81. Print Shop 82. Printing and Publishing 83. Repair of Household Goods 84. Restaurants, but not Drive In Type 85. Sauna Sales 86. Secretarial and Word Processing Services. 87. Sewing Machine Sales and Service Shop 88. Shoe Store 89. Shoe and Leather Goods Repair Shop 90. Sporting Goods Store 91. Sports and Health Clubs 92. Taxidermy Shop 93. Telephone Booth (Outside) 94. Television and Radio Storc and Repair Store 95. Theater, Excluding Drive In Type of Service 96. Tobacco Stores 97. Toy Store 98. Transit Station 99. Travel Services 100. Upholstery Shop 101. Used Merchandise Stores 102. Variety Store 103. Video Store (1) Residential Dwellings with a density of greater than 10 and up to 45 units per net acre (2) Office Uses (3) Retail Uses (4) Service Business Uses, except those related to automobiles (5) Public Services (6) Parks and Open Space Section 834 03 834.04. Conditional Uses. Within the Uptown Hamel Zoning District, no subject to other provisions of this district. The following uses are allowed in the Uptown Hame1-1 district by conditional use permit. A conditional use must be combined with a residential dwelling use that has a density of 10 — 45 units per net acre. (1) Drive -In Service Businesses (2) Mortuary or Funeral Home (3)(2) Pet Shop MO Auto Repair, Minor (-5) Tire, Battery, and Muffler Stores (6) Electronic and Computer Manufacturing (7)01Essential Public Utility and Service Structures (8) Religious Institutions Including an Existing Cemetery (9) Wholesale Showroom (10) Sauna Manufacturing and Assembly (11)(1 Outdoor Dining -3 Drinking or Entertainment area Containing More than 200 (12) Small Scale Light Manufacturing of PFEHEll etS f r nr gite Ret g c for (13)0j_ Electrical and Other Skill Trades, Provided there is no Outside Storage (1-44(71 Off -Street Parking Lot or Ramp (8) Outdoor Recreational Sport Courts 3 Section 834:04 834.05. Accessory Uses. Within the Uptown Hame1-1 Planned Unit Development Ddistrict the following accessory uses shall be allowed subject to site plan approval and other provisions of this district. (1) Off -Street Parking and Loading (2) Signs (3) Home Occupations (4) Temporary outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. (6) Outdoor Recreational Sport Courts Section 834.06 Interim Uses. Within the Uptown Hame1-1 district, the following interim uses shall be allowed until such time as the property is redeveloped. An interim use damaged or destroyed by fire, storm, or other hazard may be reconstructed without obtaining interim use permit approval, if a building permit is applied for within 180 days of the event causing the damage. Expansion of the use or improvement of the proper in amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings existing prior to the effective date of this ordinance which do not meet the minimum density requirements of the Uptown Hamel-1 district. (2) Minor Auto Repair uses existing prior to the effective date of this ordinance. Section Q2� 834.07. Lot, Setback and Building Size Requirements. The following requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Minimum Lot Area: No Minimum. If proposing a reduction in lot area, the applicant must be able to demonstrate a viable use for the lot. Subd. 2. Minimum Lot Width: No Minimum. If proposing a reduction in lot width, the applicant must be able to demonstrate a viable use for the lot. Subd. 3. Minimum Front Yard Setback: None, unless an easement or other similar dedication4r-€a is needed for pedestrians, utilities, street, or similar purpose which may be shown on the Uptown Hamel Concept Plan for the area or for the block in which the property is located. Subd. 4. Maximum Front Yard Setback: All principal buildings shall be located within 10 feet of the front lot line, unless the parcel has more than two acres and more than one principal building. Subd. 5. Minimum Side Yard Setback: None, if the outside wall has no openings and is in compliance with the Building Code. An eight foot setback is required, if there are openings, windows and doors, in the side wall and where appropriate to provide pedestrian — plaza space to link buildings, sidewalks, plazas, parking, and similar functions. 4 Subd. 6. Minimum Rear Yard Setback: Twelve feet or a lesser or greater An amount determined by the city which is necessary to provide adequate parking, access and loading for people and goods, fire access/control or to meet other ordinance requirements. Subd. 7. Building Size: No business building or business use shall have a ground floor area greater than 20,000 square feet: Subd. 8. Minimum Lot Size per Dwelling Unit (Single Family or Multi -Family): The minimum lot area per dwelling unit shall meet the following requirements: Single Fwmily 54)00 square feet Multi Family 47000 square fc of 968 square feet. Subd. 9. Impervious Cover. Unless the site was part of the city stormwater improvement project, 'impervious cover must be consistent with the following table, provided that parcels larger than two acres may be required to provide on -site ponding to accommodate run-off from proposed development on the site. Land Use Maximum Percentage of Impervious Cover Allowed Single Family 40 Multi -Family Residential 90 Retail/Business 90 Railroad 20 Institutional 20 Section 834:7 834.08. Design and Development Standards. Design and developments standards are established for this district to achieve an attractive, liveable and viable town center consistent with the purpose of this district and to assure that land uses, buildings and functions are compatible within the district. 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. The plans and proposed use of a property shall conform to the design and development standards prior to approval of a construction or land use permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Subd. 1. Pu-blie Places Open to the Public: 5 (a) Plazas. Plazas or small extensions of the sidewalk into or on private property are encouraged especially at key focal points and selected locations as shown in the Uptown Hamel Concept Plan. Plazas will serve as a unifying link between businesses and sidewalks. The design and form of the plazas shall accommodate social and business interaction, provide a setting for buildings, sidewalks and other plazas, and should accommodate sitting, watching and in some instances outdoor food services. Plazas shall include special pavements (for example, concrete brick pavers or exposed aggregate), decorative lights (the same as or compatible with the lights in the Uptown Hamel Concept Plan), and decorative trees, shrubs and flowers with emphasis on providing a variety of color, texture, and form throughout the year. Electrical services and other utilities within the plaza shall be underground. Outlets for decorative/festive lighting and for other social and business activities shall be provided, and rain gardens (any slight depression containing deep rooted perennial plants that captures and holds runoff) are encouraged. Decorative fences and walls will be used to delineate spaces and to accommodate grade changes. Plaza furniture is encouraged including benches, drinking fountains, bike racks, waste containers, kiosks, and decorative signs and plaques. Monuments and sculpture will be encouraged e.g. clock tower, gazebo, water fountain, etc. Water spigots for cleaning and watering trees and plants should be conveniently and discretely provided. Eh) Hamel Legion Park. This park has an important complementary role. The park be-e-x-p-ersed-te-Upt-ewn-14ai*e-1,---Yeint-nseel-p—afking-1-e-ts festivals and park events is encouraged. Trail facilities in the park will link to the pedestrian system in Uptown Hamel. Community buildings or other principal buildings in the park shall conform vith the Building Architectural Standard; for this district. Fc-3(b) Monuments. Monuments, sculpture and similar art works are encouraged in public and private plazas to enhance the setting and to contribute to the pedestrian -friendly, livability of the town center. Subd. 2. Buildings - Architectural Standards: (a) General. All new buildings, structures, expansions, remodeling, and development plans shall conform to these design standards and be compatible and complementary to the buildings proposed to be retained downtown as shown on the Uptown Hamel Concept Plan and in the Uptown Hamel Illustrations. Elements of compatibility include, but are not limited to, building height; form; mass and bulk; fenestration; exterior materials including appearance, color, durability, character and detailing; setback; landscaping; exterior lighting and site improvements. (b) Building - Street. Building design shall make the street visually more interesting, functionally more enjoyable and useful, and economically more viable. Buildings, 6 porches, and plaza spaces shall be designed to bring the building and its activity more in contact with the street. (c) New Building and Major Expansions. New buildings and major expansions of existing buildings should be compatible with adjacent and nearby buildings. Buildings shall be designed and oriented consistent with the Uptown Hamel Ordinance this ordinance, proposed use of the property, uses on adjacent properties and nearby amenities. Buildings shall be designed and oriented so as not to detract from one another or vistas. Views from the residential areas should be protected. Where these views exist, partial loss of the view may be an unintended but justified result when development takes place consistent with other provisions of the Uptown Hamel Zoning Ordinance this ordinance. Entrances shall be placed for easy access from the street. Utilities shall be placed underground and meters and transformers shall be hidden from view. (d) Integrate — Coordinate. New buildings, structures, remodeling and expansion shall be consistent with the Uptown Hamel Concept Plan and be integrated and coordinated with development on abutting property. Elements for integration and coordination include, but are not limited to, sidewalk and pedestrian ways and their continuity; site lighting; site access; building orientation; building entrances; and utilitarian functions which are to be totally screened from view or which are contained within the building and which include loading, trash, and mechanical and electrical equipment. (e) Porches (Overhangs — Canopies — Arcades). Porches, which overhang into walks, are one of Uptown Hamel's trademarks. These features should be preserved, enhanced, and improved. New commercial structures on Hamel Road and Sioux Drive are expected to be designed and constructed with these features. New porches, arcades or similar structures which overhang or extend into the right-of- way may be allowed by the Ocity through approval of the plan, but must be supported in a way which does not obstruct right-of-way. The property owner may be required to obtain a license from the C—city or to execute an agreement with the Ccity governing its use, maintenance and other factors. Porch/Overhang/Canopy/Arcade Design criteria/guidelines include are as follows: Height: If 4 projects into the public right of way, a pedestrian clearance of at least 7.5 8 feet and a height consistent with the architecture of the building shall be provided. Width: At least 6 feet. Columns: Shall be traditional in design and made from durable materials such as finished anodized metal, wrought iron or wood in a color compatible with the building. Wood columns must be cedar or redwood lumber, at least 6 inches by 6 7 inches, which may be stained or painted. Columns are not allowed to be affixed to the ground within the right-of—way. Roof: Shall be durable and meet the wind and snow loads required by code. Slopes should be to the street and away from the pedestrians. (f) Height. New 13building height shall not exceed three stories, except as described herein on some sites, a fourth story may be allowed. Along all street frontages and park property lines, building heights exceeding two stories shall have the third story set back at least six feet from the front line of the building, and the fourth story shall be set back 12 feet from the front line of the building. Basement levels shall not be considered a story, so long as more than 50 percent of the basement structure is below grade at the average of all areas around the building. Total building height shall not exceed 50 feet, except structures such as belfries, chimneys, flues, monuments, cupolas and domes which do not contain living space, are permitted, provided they are not higher than 10 feet above the height of the building. A fourth story may be allowed in either of the following instances: (1) Ten percent of residential units are dedicated affordable housing units; or (2) The structure is LEED certified. (g) Materials. Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood and glass. Treated or anodized metal may be used for trim. (h) Roofs. Roofs may be pitched, mansard, of flat, or planted "green roofs." Flat roofs shall have an architectural treatment (a "cap") of an acceptable design. On pitched roofs, materials and colors must be compatible with the district. All roof run-off must drain onto the property that creates the run-off. Rain gardens (-any slight depression containing deep rooted perennial plants that captures and-I�elels runoff) are encouraged. (i) Equipment. Equipment shall not be mounted on the roof unless it can be demonstrated that there is no other reasonable alternative. If allowed, rooftop equipment shall be screened using the architectural elements and material from the building provided they are consistent with these design standards. (j) Fenestration — Modulation. Windows and openings shall be generous, especially on the street side, and their placement and design shall express the pedestrian - friendly; livability of the town center. To this end, third stories or higher will must be tiered back from the street a minimum of six feet per story. Building faces and layout shall be modulated to avoid long building walls without breaks and monotony. At the street level, at least 30 percent of the facade should be glass in windows (including glass in doors.) and doors. (k) Landscaping and Setbacks. At least 5 percent of the site shall be plaza or landscaped. Landscaping shall consist of a combination of: decorative deciduous and 8 coniferous trees, shrubs, flowers, ground covers and rain gardens (any slight depression containing deep rooted perennial plants that captures and holds runoff). Landscaped areas and pockets shall be delineated and separated by any of the following: curbing, decorative fencing, decorative walls, planter boxes, containers, "cut outs" in a plaza, or by similar means. An approved plaza in which at least 20-% percent of the plaza is open to the ground allowing full penetration of water into the ground can be counted to meet this requirement. All that part of the site not taken up by buildings, walks, or plazas or approved parking and loading shall be landscaped. Grades and drainage must meet Ecity requirements. (1) Fences and Walls. Fences and walls shall be decorative using a traditional design and may be used to delineate and separate spaces and to protect topographic change. Fence material shall be wrought iron, anodized steel or aluminum, or wood. Walls shall be made of brick, concrete brick, decorative block, cedar or redwood or stucco on concrete. Fences and walls shall not be located to prevent desirable access through areas and shall be located consistent with the Uptown Hamel Concept Plan. (ni) (Reserved Deleted by Ordinance xi 10) (4-1-) m Utilities. All utilities serving the buildings and facilities shall be underground. (e) i1 03)&1 (EKPJ (})W Recycling and Trash Facilities. All materials and facilities for recycling and trash shall be kept inside the principal buildings or within a completely screened area. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building, and 2) meet the architectural and development standards of the district. Hazardous Materials. Provisions for storage of hazardous materials must be included in the building and be identified on the plans. Other Materials. All storage of other materials shall be stored inside the building in a suitable area in accordance with the approved plan. Off — Street Parking. Flexibility in the number of required off-street parking spaces and loading facilities is allowed in the Uptown Hamel-1 district because: 1) Mmany parcels were developed prior to enactment of parking and loading requirements. 2) Ssome parcels are small. 3) Ssome parcels have little open space. 4) Aa need to retain continuity of buildings fronting on Hamel Road and in the future on Sioux Drive and a preference for "infill" on Hamel Road to be buildings, not parking. In providing this flexibility, the C—city will consider the use and need for parking, amount of off-street parking provided, the amount of nearby on -street parking, public parking lots, if any, peak parking demands for the use, joint use of parking, and other relevant factors. In granting a parking reduction, concern for the overall benefits to the Uptown Hamel district will be considered as well as use and enjoyment of adjacent properties and economic impacts. 0)(r) Parking Lots in Front of Buildings are Prohibited. Except for parcels containing two or more acres and having more than one principal building, there shall be no parking between the principal building and 1) the front property line and or 2) the side lot line abutting a street. EtiW Loading Docks. Due to the age, scale of development, and the limitation on building bulk, providing a loading dock is optional. However, access to adequately handle goods and materials must be provided on the site. A rear entrance for loading is favored over loading from the side or front. Loading docks shall have a 9-ton capacity, dustless, all-weather surface. (00 Outdoor Storage of Commercial Vehicles. Outside storage of one commercial vehicle not to exceed 12,000 lb. of gross vehicle weight and not more than 24 feet in length shall be permitted for each 5,000 square feet of gross floor area in the principal structure provided such vehicle has a current and valid license, is in operable condition, is for use on the public streets, is actively used for the approved use on the site and is moved on a daily basis when the use is open for business. (v)� There shall be no outdoor storage of trash, trash containers, or debris of any kind. Subd. 3. z-a-wn'i^ Genk ^minit n-Un t Residential Dwellings. (a) Preservation. Natural features and site amenities such as the wooded area called The Preserve in the Uptown Hamel Concept plan shall be encouraged to be preserved. (b) Building Placement. To the extent possible, buildings shall be located consistent with the results of a site analysis and the existing grades of the land and the location of trees and other environmental features. (c) Grades. The grade of a private roadway, driveways and parking lots shall that exceed 5 five percent, must be approved by the city engineer. (d) Fire Lanes. Lanes for fire access shall be provided as determined necessary by the Ccity Efire Geode. (e) Underground Parking. For efficiency, benefit of the residents, and to conserve land, buildings shall provide for inside parking at a ratio of at least one space per dwelling unit. (f) Parking. Parking lots shall have landscaping including berming where appropriate along the outside edge. Parking bays shall, where appropriate, have landscaped islands and decorative lighting. Small-scale parking lots are preferred over large lots. Parking of more than 20 passenger vehicles in a row shall be broken up by a 10 landscaped island or a landscape feature capable of infiltrating storwater from the parking area. (i) Screening — Screening shall be required where: (1) Any off-street parking area contains more than six parking places and is within 30 feet of an adjoining residential zone. (2) Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential zone or a single-family development. (ii) Sidewalks shall be provided from parking areas, loading zones and recreation areas to the building entrances. (g) Outside Storage of Trash, Boats or Special Vehicles. There shall be no outside storage of trash or debris except when stored in trash containers and fully screened from view. If a completely screened area is used it must 1) be architecturally compatible with and made of the same or better material used on the principal building; and 2) meet the architectural and development standards of the Uptown Hame1-1 district. All special vehicles including, but not limited to, unlicensed vehicles, recreational vehicles, motor homes, camping trailers, other trailers, boats, jet skis, snowmobiles, lawn tractors, and all terrain vehicles shall be stored in a building. (h) Sidewalks and Trails. Complete plans shall be provided for proposed sidewalks and trails to serve parking, recreation and to serve areas within the proposed development and to link the City's system. Subd. 4. Public and Private Parking Lots and Ramps: (a) Flexibility to engineering standards. Because of the reasons described in Subd. 2(q) above, reasonable flexibility may be allowed to the city's engineering standards with regard to parking lots. Surfacing. Surfacing shall be a minimum of 7 ton capacity. Parking areas for infrequent parking such as for special events or for infrequent use, for example fewer than 20 times per year, may use grasscrete or similar materials or techniques and remain in conformance with this provision. Such materials shall landscaping. (e) Aisles. Aisles shall be at least 20 feet wide,_ grades shall not exceed percent. (d) Landscaping. At least three percent of the lot shall be landscaped. Parking of more than 20 passenger vehicles in a row shall be broken up by a landscaped island or a landscape feature capable of infiltrating storwater from the parking area. 11 (e) Concrete Curbing. For protection and separation, the perimeter of the lot shall have poured in place concrete curbing (or the equivalent) measuring at least 4 inches above grade and 6 inches below grade. (f) Striping. Parking lots shall be stripe depth for each vehicle for 90 degree parking. (g) Driveways. Driveways shall be designed to match the sidewalk grade. (4i) Allowable Car Overhang. Cars may overhang into a portion of the landscape area b'cr' Tc E-EEl�ces-igii--sh ill—fte--altew- of -}fete t110-tattl ie-stfeet-er sidewalk. (i) Landscape Watering. Provisions for watering the landscaped areas shall be considered in the design. (j) Pedestrian Movement. Provisions for pedestrian movement into and through parking lots where required shall be included. Patterned pavement, decorative lighting and associated facilities shall be provided as may be appropriate. (k) compliance with the Americans with Disabilities Act. (1) Parking Ramps. Up to two levels of parking above grade may be allowed provided it is consistent with the scale of the development in the area and provided it meets the architecture standards including materials and other design standards of the district. Subd. 5.Other: (a) Buffers. Buffers may be required between different land uses or different functions such as commercial abutting residential or a loading dock/area abutting an office. Buffers are to be achieved by using any of the following: landscaping, decorative walls, decorative fencing, or landscaped berms. (b) Outdoor Speakers. All forms of outdoor speakers are prohibited, except for financial institutions. Subd. 6. Additional Design and Development Standards - Conditional Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below 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) Drive -In Service Businesses. 12 (i) No drive-in service shall be provided between the hours of 10:00 p.m. and 6 a.m. (ii) All trash and debris shall be stored inside the building in an appropriately designed area preferably at or near the loading -unloading area. (iii) No new drive-in service shall have a drive way within: (1-) 100 feet of an improved intersecting street (2) 300 feet of State Highway 55 (3) 100 feet of an active railroad track 0_)(4) 100 feet of a residential zoning district area designated as Single Family Transitional Area. (b) Mortuary or Funeral Home. (4) The site plan shall provide for adequate -pu4Eiug—auE14raf-fettluti^ elu4i,,,, a plan for formation and movement of a funeral procession. (e)(b) Pet Shop. i) No outside space shall be used for showing or keeping animals. ii) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. (4)(c) Auto Repair, Minor and Tire, Battery, and Muffler Stores. i) The plan for ventilation, location of windows, and doors shall be designed to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the Ccity. reduction may be required by the City. be considered for retail sales or service. (PO) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the Ecity's satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. ii) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance including the Uptown Hamel Concept Plan. (g) Religious Institutions Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion requires more off street parking. ii)--Tesite p , slia ^ r^r adequate parking and traffic circulation including a-plan-fet=fermatieu-aftd-nneut-ef-afuneral procession. (h) Wholesale Showroom. 13 i) No additional standards (i) Sauna Manufacturing and Assembly. i) No additional standards (4)(e) Outdoor Dining, Drinking, and Entertainment Areas Containing More than 200 Square Feet. i) Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. ii) The outdoor dining/drinking/entertainment areas shall not be larger than one- third of the inside seating area. iii) The outdoor dining/drinking/entertainment areas shall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features. iv) If the sale of intoxicating liquor is inside, the outside area may be required to have all access to the space from only inside the principal building. vl The establishment's hours of operation may be limited and noise reduction measures may be required in order to minimize impact on surrounding land uses. (k) Small Scale Light Manufacturing of Products for On Site Retail Sales. i) No additional standards (-1 E tfic-a a a n-lief Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city Section 4 & 834.09. Review and Approval Process. Subd. 1. Concept Plan: Although submittal of a concept plan is not required, the City wil-1 property in Uptown Hamel. The put -pose of such plans and review thereof is to provide plans should include property data, existing and proposed structures, the location and this level of review. The concept plan will be sub tted e t-1 " r not be a substitution in whole or part for any other review or action required by this Ordinance. A concept plan must be pre i ared for develoittment, exiipoansion remodeling or redevelopment of property in the Uptown Hamel-1 district pursuant to the concept plan review procedures specified in Section 827.33 of the zonin . ordinance. Subd. 2. Minor Changes to Permitted Uses and Accessory Uses: The following changes can may be approved by Ccity staff upon a written finding and filing the report in the property file that the proposal meets the requirements of the Uptown Hame1-1 district. 14 (1) Change in the use of the property if the use is less intense and a more restrictive use, except to convert a use to a residential use or a residential related use. (2) Expansion of an existing building by less than 500 square feet of floor area in a single year. (3) Changes of less than 500 square feet to the exterior walls or surface of the building. (4) Expansion of the parking lot by less than 4 four spaces or less than 2,000 square feet, whichever is less. (5) Outdoor lighting changes involving 2 two or fewer light poles or wall mounted fixtures without changing the type of lighting. (6) Changes to the topography involving less than 4- one foot in elevation or less than 5,000 square feet of lot area. (7) An addition to an exposed piece of rooftop equipment if the addition is less than 64 cubic feet. (8) Signs containing 24 square feet of sign area or less. The decision and action taken by the °city staff may be appealed in writing to the city council by the applicant seeking approval under this section. Appeal must be taken within 30 days of the date of city staff s decision. The City Council shall consider appeals filed under this section. Action taken by the °city °council shall be considered final. Subd. 3. Changes Which are not Minor to a Permitted or Accessory Use — Site Plan Review Procedure: Site Plan. A site plan shall be prepared for development, expansion or change in use of the property. Buildings shall be designed and oriented consistent with the Uptown Hamel Zoning Ordinance this ordinance and other applicable city code provisions. All changes shall be reviewed pursuant to the site plan review procedures specified in Section 825.55 of the Zzoning °ordinance. Subd. 4. Conditional Uses: Conditional uses and any changes to conditional uses shall follow the conditional use permit procedure specified in Section 825.39 of the Zzoning °ordinance. Section 834.09. Implementation. Implementation shall be accomplished by adhering to the provision of this ordinance and the Ccomprehensive Pplan. In addition, the Ccity intends to encourage and foster implementation through pursuing one or more of the following: (4) Promotion of the Uptown Hamel Concept Plan to the public. (-2) T-1-1-Fettgli—Elesign—aild—sc-lie-elpieh—h-e4p--a-ele spirit and intent of this ordinance. �7 ThFettgl g ,it , f i,.,, so .,lei i,1 tb :1, .1 '11K[ 7 g14 t of way consistent with the Uptown Hamel Concept Plan. 15 el) By considering a wide range of funding methods, options, and alternativ es to assist the Ccity and property owners in implementing the Uptown Hamel Concept Plan. (54 Providing design as�i-stage to emirs on their property. ,re±nodng—new—eoti—of—theiF-preperta—tnanner L.' � 4 v �n 1-�o n i•i4 nv.� ;,.4ay.4 (.�4�.; c� r�r�;r..�nno 16 SECTION II. New Medina Code Section 834.5 is being added as follows: 834.5. ZONING — UPTOWN HAMEL-2 D1STRIC'1, Section 834.51. Purpose. The purpose of this Section is to create a distinctive Uptown Hamel area that is an attractive. • edestrian-friendly mixed -use town center by usine buildine facades porches, walkways landscaped plazas, lighting, si nage, landscaping and parking to blend retail, office, higher -density housing, specialty shops and gathering spots into a unified and viable community. Section 834.52. Uptown Hamel Concept Plan. The Uptown Hamel Concept Plan provides guidance to applicants and the city in preparing, evaluating, reviewing and approving site plans in the Uptown Hamel - 2 district The Concept Plan is hereby adopted and incorporated as part of this ordinance. Section 834.53. Permitted Uses. Within the Uptown Hamel - 2 district the following shall be permitted uses subject to site plan approval and other provisions of this district ; A combination of the following uses is allowed on a particular parcel, but is not required. (1) Residential Dwellings with a density of greater than seven and up to 45 units per net acre 21 Residential Dwellings with a density less than seven units per net acre, if combined with another use allowed in the district (3) Office Uses (4) Retail Uses (5) Service Business Uses, except those related to automobiles (6) Public Services: (7) Parks and Open Space. Section 834.54. Conditional Uses. The following uses are allowed in the Uptown Hamel - 2 district by conditional use permit. W Drive -In Service Businesses (2) Mortuary or Funeral Home (3) Pet Shop (4) Tire, Battery, and Muffler Stores Electronic and Computer Manufacturing (0 Essential Public Utility and Service Structures �7) Religious Institutions - Including an Existing Cemetery (_8_) Outdoor Dining, Drinking or Entertainment area (9) Skill Trades, Provided there is no Outside Storage (ICA Off -Street Parking Lot or Ramp 11 Outdoor Recreational Sport Courts Section 834.55 Accessory Uses Within the Uptown Hamel - 2 district the followine accessory uses shall be allowed subject to site plan approval and other provisions of this district. W Off -Street Parking and Loading 17 a) Signs (3) Home Occupations Temporary outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use, provided that the goods are not outdoors overnight and the storage or display area does not exceed 100 square feet. Section 834.56 Interim Uses. Within the Uptown Hame1-1 district, the following interim uses shall be allowed until such time as the property is redeveloped. An interim use damaged or destroved bv_fire storm or other hazard may be reconstructed without obtaininc interim use permit approval if a building�ermit is applied for within 180 days of the event causing the damage. Expansion of the use or improvement of the .ronerty in amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Residential dwellings existing prior to the effective date of this ordinance which do not meet the minimum density requirements of the Uptown Hamel - 2 district (2) Auto Repair, Minor (3) Sauna Manufacturing and Assembly (4) Small Scale Light Manufacturing of Products for On -Site Retail Sales Section 834.57. Lot, Setback and Building Size Requirements. The lot, setback and building size requirements of the Uptown Hamel-1 district shall apply subject to additional requirements. exceptions and modifications set forth in other sections of this ordinance. Section 834.58. Design and Development Standards. Subd. I. The desi n and development standards of the Uptown Hamel - 1 district shall apply. subiect to additional requirements exceptions and modifications set forth in other sections of this ordinance. Subd. 2. Additional Design and Development Standards — Conditional and Interim Uses: The following additional design and development standards are identified for the uses listed below. Standards in addition to those listed below may be identified during the review and approval_nrocess due to the particular characteristics of each site, the proposed development of the site, and the uses on adjacent property. (a) Drive -In Service Businesses. (il No drive-in service shall be provided between the hours of 10:00 p.m. and 6 a.m. (ii) All trash and debris shall be stored inside the building in an appropriatel designed area preferably at or near the loading-unloadin . area. (iii) No new drive-in service shall have a drive way within: (1) 100 feet of an improved intersectin . street; (2) 100 feet of a residential zoning district. (b) Mortuary or Funeral Home. (i) The site plan shall provide for adequate parkine and traffic circulation includin a plan for formation and movement of a funeral procession. 18 (c) Pet Shop. (i) No outside space shall be used for showing or keeping animals. (ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. (d) Auto Repair, Minor and Tire, Battery, and Muffler Stores. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. (e) Electronic and Computer Manufacturing. i) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. ii) At least some portion of the ground floor, adjacent or oriented to the street shall be considered for retail sales or service. (f) Essential Public Utility and Service Structures. i) Such uses shall not be of an industrial nature unless it can be demonstrated to the city's satisfaction that such uses cannot be located in a more suitable location and the function of the use must be to serve Uptown Hamel. -) Building placement, designs, materials, and architectural treatments, must be consistent with this ordinance including the Uptown Hamel Concept Plan. (g) Religious Institutions — Including an Existing Cemetery. i) Shared parking options shall be considered when a proposed expansion re uires more off-street parking. ii) The site plan shall provide for adequate parking and traffic circulation including a_plan for formation and movement of a funeral procession. (h) Sauna Manufacturing and Assembly. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supplies and products. (i) Outdoor Dining, Drinking, and Entertainment Areas i) Shall be allowed only in connection with a restaurant or bar which has inside seating for at least 20 people. ii) The outdoor dining/drinking/entertainment area shall not be larger than one- third of the inside seating area. iii) The outdoor dining/drinking/entertainment areashall be delineated by decorative fencing, landscaping, building walls or some combination of these or similar features. 19 v) If the sale of intoxicating liquor is inside, the outside area may be required to have all access to the space from only inside the principal building. v) The establishment's hours of operation may be limited and noise reduction measures may be required in order to minimize impact on surrounding land uses. (j) Small Scale Light Manufacturing of Products for On -Site Retail Sales. i) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. ii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. iii) Loading areas must be sufficient for deliveries of supply and product. (k) Skill Trades Provided there is no Outside Storage. i) There shall be no outdoor storage of supplies, equipment, salvage, reusable or recycling material or trash. ii) The building's design for ventilation, location of windows, and doors shall be configured to reduce noise and potential for noise violations. iii) Equipment specifications and impact information such as vibration and noise reduction may be required by the city. Section 834.59. Review and Approval Process. The review and application process set forth in the Uptown Hame1-1 district ordinance shall be utilized with regard to development in the Uptown Hamel - 2 district. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this day of , 2008. T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator Published in the South Crow River News this day of , 2008. 20 AGENDA ITEM: 9 Memorandum To: Chad Adams Project: MS4 Program-MCM4 Date: 6/5/2006 From: Jesse Carlson Client: City of Medina Re: Construction Site Storm Water Runoff Control Ordinance File No: 165-06206 The City of Medina is a regulated Municipal Separate Storm Sewer System (MS4) operator. Due to this designation they need to comply with the requirements of the MPCA NPDES Construction Site General Permit for MS4's. The MS4 permit requires that the City establish a program to reduce pollutants in stormwater runoff from construction activities. The program needs to consist of the following: • An ordinance or other regulatory mechanism for all site that result in over 1 acre of disturbance or are part of a common plan of development. • Requirements for construction site operators to establish erosion and sediment control best management practices, control waste such as discarded building materials and concrete washout, chemicals, litter and sanitary waste. • Procedures for site plan review. • Procedures for consideration of reports/complaints from the general public. • Procedures for site inspection and enforcement. They City currently has a Construction Site Storm Water Runoff Control Ordinance, however as apart of feedback we have received from the MPCA and problems that we have come across implementing the current ordinance we felt as though it was necessary to make some revisions to the current ordinance. In summary the following is recommended to be changed in the Current City Ordinance: • Adding provisions requiring the construction site operator to remove all temporary erosion control measures (silt fence) at the completion of construction. • Adding provisions requiring the construction site operator to return all storm water basins and conveyances to their original design contours. • Changing the applicability of the ordinance for smaller sites where sites less than 1 acre only need to comply with subdivision 7 of the current ordinance. • Adding provisions requiring concrete washout to be handled and disposed of properly. • Changing the requirement so that sites will require both erosion and sediment control best management practices. • Updating the current stabilization timeframes to be 14 days. • Adding provisions for sites draining to special or impaired water bodies. • Adding language specifying the site restoration requirements. • Adding provisions specifying that the site operator must perform their own site inspections and maintain their SWPPP on -site. • Adding provisions for maintenance erosion and sediment control best management practices. • Adding provision for enforcement to include fines and a misdemeanor. Making these changes will bring the City Ordinance in closer alignment with the current MPCA Construction Site general permit. Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel651-636-4600 Fax651-636-1311 www.bonestroo.com Section 828.29. Construction Site Storm Water Runoff Control Ordinance Subd. 1. Purpose. The purpose of this ordinance is to promote, preserve and enhance the natural resources within the City of Medina by regulating Land Disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land. This ordinance sets forth the following standards and procedures in order to control land disturbances and/or development activities that may impact water quality and/or impact environmentally sensitive land. Subd. 2. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: a) "Best Management Practices" means erosion and Sediment Control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of Surface Water, including, but not limited to, avoidance of impacts, construction - phasing, minimizing the length of time soil areas are exposed, or prohibitions or other management practices published by state or designated area -wide planning agencies. b) "Contractor" means the party who signs the construction contract or development agreement with the city to construct a project. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this ordinance. c) "Dewatering" means the removal of water for construction activity such as the removal of temporary sediment basin water or appropriated surface or groundwater to dry and/or solidify a construction site. d) "Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, ice and/or land disturbance activities. e) "Erosion Prevention" means measures employed to prevent Erosion. Examples include, but are not limited to: soil stabilization practices, limited grading, mulch, temporary or Permanent Cover, and construction phasing. f) "Final Stabilization" means: i) All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed; ii) For individual lots in residential construction by the Contractor, the Contractor must either: (A) complete Final Stabilization as specified above or (B) establish temporary stabilization including perimeter controls for an individual lot prior to occupation of the Page,1 of�15 _ vy - Formatted: Centered Field Code Changed Field Code Changed structure. If the Contractor chooses (B), it must inform the Owner in writing of the need for, and benefits of, Final Stabilization; iii) For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) Final Stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to Surface Waters and drainage systems and areas which are not being returned to their preconstruction agricultural use must meet the Final Stabilization criteria in subparts (i) or (ii) above; iv) The applicant must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from washing back into the basin, conveyances or drainage ways discharging off -site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. All drainage ditches, constructed to drain water from the site after construction is complete, must be stabilized to preclude erosion; v) All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) must be removed as Dart of the site final stabilization. g) "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, parking lots, storage areas and concrete, asphalt, or gravel driveways or roads. h) "Land Disturbing Activity" means any land change that may result in soil Erosion from water or wind and the movement of Sediments into or upon waters or lands within the city's jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. i) "Owner" means the person or entity with a legal or equitable interest in the land on which the construction activities will occur. j) "Permanent Cover" shall mean "Final Stabilization." l Formatted: Centered (WWI Changed Page2, of.15 _ �u Field Code Changed k) "Sediment" means the product of an Erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. 1) "Sediment Control" means methods employed to prevent Sediment from leaving the site. Sediment Control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins. m) "Stabilized" means the exposed ground surface after it has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blankets, or other material that prevents Erosion from occurring: Grass seeding is not considered stabilization. n) "Storm Water" shall have the meaning given to it by Minnesota Rule 7077.0105, subpart 41(b). o) "Storm Water Pollution Prevention Plan" means a plan for storm water discharge that includes Erosion Prevention measures and Sediment Controls that, when implemented, will minimize soil Erosion on a parcel of land and minimize off -site nonpoint pollution to the maximum extent practicable. p) "Surface Water or Waters" means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, wells, reservoirs, aquifers, irrigation systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private. q) "Temporary Erosion Protection" means short term methods employed to prevent Erosion. Examples of these methods include: straw, wood fiber blanket, wood chips and erosion netting. Subd. 3. Applicability. Every individual or entity applying for a permit to allow Land Disturbing Activities of one acre or greater, including activities on land that is part of a common plan for development that collectively will disturb land one acre or greater must submit a Storm Water Pollution Prevention Plan to the city engineer. No building permit, subdivision approval or development permit to allow Land Disturbing Activities shall be issued by the city until approval of the Storm Water Pollution Prevention Plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this ordinance. For land disturbing activities that are less than one acre, but are greater than X siLuare feet of disturbance or X cubic yards of excavation individuals must adhere to Subdivision 7 and 9 of this ordinance. Page,3 of,15 ',i va Formatted: Centered Field Code Changed Field Code Changed Subd. 4. Exemptions. The following activities are exempt from the Storm Water Pollution Prevention Plan requirement of this ordinance: a) Any part of property located in a subdivision if the preliminary plat for the subdivision has been approved by the city council on or before the effective date of this ordinance; b) Property for which a building permit has been approved by the city on or before the effective date of this ordinance; c) Installation of fence, sign, telephone, cable television, electric and other kinds of posts or poles, or utility lines or service connections to these utilities which result in creating under one acre of exposed soil; d) Any activity that disturbs less than one acre of land, unless it is part of a common plan of development that collectively will disturb land that is one acre or greater in size. e) Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards; f) Routine agricultural crop management practices; g) Digging and filling of graves at a cemetery; or h) Refuse disposal sites controlled by other governmental regulations. Subd. 5. Storm Water Pollution Prevention Plan Submittal Procedures. a) Submittal. Every individual or entity that has applied for a permit pursuant to this ordinance shall submit a Storm Water Pollution Prevention Plan to the city's zoning administrator in accordance with the requirements and approval standards set forth in subdivisions 6 and 7 of this ordinance. No building permit, subdivision approval or permit to allow Land Disturbing Activities shall be issued until the city engineer approves this Plan. If it chooses, the applicant may have the Storm Water Pollution Prevention Plan reviewed by the appropriate departments of the city prior to submitting the Plan. b) Financial Security and Fees. All Storm Water Pollution Prevention Plan submittals shall be accompanied by a letter of credit, or cash equal to the required escrow amount and a separate check for deposit for administrative fees. All escrow and administrative fee deposit amounts shall be determined annually by the city council through a resolution that adopts the city's fee schedule. Formatted: Centered Field Code Changed Field Code Changed Page,4 of.15 Subd. 6. Storm Water Pollution Prevention Plan Requirements. At a minimum, the Storm Water Pollution Prevention Plan shall contain the following information: a) The name and address of the applicant, a legal description of the site, north point, date and scale of drawing and number of sheets; b) An existing site map: a map of existing site conditions showing the site and immediately adjacent areas, which shall include the following information; i) Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivisions and districts or other landmarks; ii) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet; iii) A delineation of all Surface Waters located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers; iv) The location and dimensions of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site delineating the direction and the rate the Storm Water is conveyed from the site, identifying the receiving stream, river, public water, or wetland and setting forth those areas of the unaltered site where Storm Water collects; v) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed which describes any remedial steps to be taken by the applicant to render the soils suitable; vi) The location and type of vegetative cover on the site and clearly delineating any vegetation proposed for removal; and vii) 100 year floodplain, flood fringes and floodways boundaries. c) A site construction plan which shall include the following information: i) Locations and dimensions of all proposed Land Disturbing Activities and any phasing of those activities; ii) Locations and dimensions of all temporary soil or dirt stockpiles; { Formatted: Centered Field Code Changed //,' Field Code Changed Page 5 of 15 iii) Locations and dimensions of all Erosion Prevention measures and Best Management Practices necessary to meet the requirements of this ordinance; iv) Schedule of anticipated start and completion dates of each Land Disturbing Activity including the dates of installation of Erosion Prevention measures for each phase needed to meet the requirements of this ordinance; and v) Provisions for maintenance of the Erosion Prevention measures prior to Final Stabilization. d) A plan of fmal site conditions, which shall include the following information: i) Finished grading shown at contours at the same interval as provided on the existing site map to clearly indicate the relationship of proposed changes to the site's existing topography and remaining features; ii) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials that will be added to the site; iii) A drainage plan of the developed site delineating in which direction and the rate Storm Water will be conveyed from the site and setting forth the areas of the site where Storm Water will be allowed to collect; iv) The proposed size, alignments and intended use of any structures to be erected on the site; v) A clear delineation and tabulation of all Impervious Surfaces to be installed on the site, including a description of the surfacing material to be used; vi) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project; and vii) A copy of the applicant's Minnesota Pollution Control Agency's Permit for discharging Storm Water from construction activity (MN R100001). Subd. 7. Storm Water Pollution Prevention Plan Approval and Performance Standards. No Storm Water Pollution Prevention Plan that fails to meet the standards set forth in this ordinance shall be approved by the city. All of the following requirements shall be adhered to during the construction on the site: a) Site Dewatering and Basin Draining: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water shall not be discharged in a manner that causes e-Erosion, scour, sedimentation or flooding of the site, of receiving channels ef-a or wetlands. Page 6 of.15 Formatted: Centered Field Code Changed Field Code Changed „ b) Construction Site Waste: { Formatted: Indent: Left: 0.32" i) Solid waste: All waste and unused building materials (including, but not - - - Formatted: Indent: Left: 1" limited to, collected Sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, demolition debris) must be disposed of properly and shall comply with disposal requirements as set forth by the Minnesota Pollution Control Agency. ii) Hazardous/toxic materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharges. Access to storage areas for these materials must be restricted in order to prevent vandalism: All storage and disposal of hazardous or toxic materials must be in compliance with requirements set forth by the Minnesota Pollution Control Agency. Liquid waste: All other non Storm Water discharges (including, but not limited to, concrete truck washout, vehicle washing or maintenance spills) conducted during the construction activity shall not be discharged to any Surface Waters. iv) External washing of equipment shall be limited to a defined area of the site. Runoff must be contained and wasteproperly disposed of. No engine degreasing is allowed on site. v) All liquid and solid waste generated by concrete washout operations shall be contained in a leak proof facility or impermeable liner. Concrete waste must not contact the ground, and there must not be any runoff from concrete washout operations .or areas. Concrete waste must be disposed of properly and in compliance with MPCA regulations. c) Tracking: All roads, access drives and parking areas must utilize a temporary - - - tracking pad and must be of sufficient width and length to prevent Sediment from being tracked onto public or private roadways and/or the Storm Water conveyance system. Temporary tracking pads must be installed and maintained wherever vehicles enter and exit a site. d) Storm Drain Inlet Protection: All storm drain inlets must be protected by_ appropriate Best Management Practices during construction until all sources with potential for discharging to the inlet have been stabilized. e) Site Erosion Control: The following criteria shall apply only to construction activities that result in runoff leaving the site: i) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as follows: sheet flow runoff from adjacent areas greater than Page7 of 5 Formatted: Indent: Left: 0.5" Formatted: Underline Formatted: Centered { Field Code Changed { Field Code Changed 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resulted runoff rates of less than 0.5 feet per second across the disturbed area for a one hundred year storm event. Diverted runoff shall be conveyed in a manner that will not causekp_rosion, scour, sedimentation, or flooding of the conveyance and receivingshannels waters. ii) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time; - -1 Formatted: StrikethroughFommJ -- Underline tFormatted: Strikethrough Deleted: Is Runoff from the entire disturbed area on the site shall be controlled by meeting either both subsections A _ and B or both subsections C and,D E - , - { Formatted: Strikethrough of this subpart: A) All exposed soil areas two hundred lineal feet of a Surface Water, must have Temporary Erosion Protection or Permanent Cover for the exposed soil areas for the entire year as soon as possible, but in no case later than 14 days after construction activity in that portion of the site has temporarily or permanently ceased., aeeer- :nh to the c llewit g Type of slope Time Steeper than 3:1 7 days 10:1 to 3:1 11 days Flatter than 10:1 21 days ,I3) The normal wettedperimeter of a temporary or permanent Formatted: Underline drainage ditch that drains water for the project site or diverts water around the_p.roject must be stabilized. Stabilization must occur within 24 hours of connecting to a surface water. Clyipe outlet must have temorary or permannent, energy dissipation within 24 hours of connection to surface water. J < - - ( Formatted: Indent: Left: 1.5" I Formatted: Underline ) kllf When possible, all slopes -muse beuraded in such_ fashign_sc - -[ Formatted: No underline that tracking marks made frommheavy_equip Pent arepemendicular to the slope in accordance with standard detail ER0-22. Elyrojects that drain to a discharge point within 1 mile of a Special or Impaired Water (according to MPCA General Storm Water Permit for Construction Activity) must be stabilized as soon as_nossible but in no case later than 7 days after construction activity in that portion of the site has temporarily or permanently ceased. f) Site Sediment Control: The following criteria shall apply only to construction activities that result in runoff from leaving the site: Page 8 of 15 y, �4 t Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Indent: Left: 0.5" Formatted: Centered Field Code Changed Field Code Changed i) Ssilt fences or equivalent control measures shall be placed wig-a-14 sidestets-aftel-Elownslides on the downslope sides of the site and installed along the contour. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. The use of silt fences or equivalen control measures must be properly maintained during construction activities. ii or sites that have more than ten acres disturbed at one time, or if a Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" t Deleted: B) ( Formatted: Indent: Left: Deleted: ¶ t .1 If n h channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin, be at least three feet deep and be constructed in accordance with accepted design specifications. Sediment shall be removed on a regular basis in order to maintain a minimum depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause £erosion, scour, sedimentation, or flooding of along the discharge channel or the receiving waters., iii),Any soil or dirt storagepiles containing more than ten cubicyards of material should not be located with a &wash& downslope drainage length of less than twenty-five feet from the toe of the storage pile to a roadway or drainage channel. If remaining for more than seN,ea 14 days, it shall be -Sstabilized. Erosion from piles which will be in existence for less than seven 14 days shall be controlled by placing straw bales or silt fence barriers around the pile. In -street utility repair or construction soil or dirt storage piles located closer than twenty-five feet of a roadway or drainage channel must be covered with tarps or suitable alternative controls. If Itteteeted-vAth-en-appfepfiate-fittefifig-haffiet. All downstream storm drain inlets must be protected with an appropriate inlet protection device. c.) Permanent Restoration: All areas disturbed during_construction must be restored as detailed in these requirements. The type of permanent restoration shall be clearly shown on the plans including but not limited to sod, seed, impervious cover and structures. Areas in which the top soil has been placed and fmish graded or areas that have been disturbed and other grading or site building construction operations are not actively underway must be temporary or permanently restored as set forth in the following requirements: i) Areas with slopes that area less than 3:1 must be seeded and mulched within 14 days of the area not being actively worked. Page of 15 1" Deleted: C> silt fences or equivalent control measures shall be placed sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. The use of silt fences or equivalent control measures must be properly maintained during construction activities. ¶ t Formatted: Strikethrough dFormatted: Strikethrough o , q 1 Formatted: Strikethrough Formatted: Strikethrough Deleted: D) it' ; - ( Formatted: Indent: Left: 1" ( Formatted: Bullets and Numbering ( Formatted: Indent: Left: 0.5" + .a 4� 'o t, t. Deleted: ¶ ' Projects that drain to a discharge point within 1 mile of a Special or Impaired Water (according to MPCA General Storm Water Permit for Construction Activity) must be stabilized as soon as possible but in on case later than 7 days after construction activity in thatportion of the site has temporarily orpermanently ceased. ¶ The normal wetted perimeter of a temporary or permanent drainage ditch that drains water for the project site or diverts water around the project must be stabilized 200 lineal feet from the property edge or from a discharge point to a surface water. Stabilization must occur within 24 h . As of connect Emu Formatted Formatted: Underline ( ... (211 ( Formatted: Underline, Not Highlight l Formatted: Underline _ - -( Formatted: Indent: Left: 1" ( Formatted: Bullets and Numbering . - - - Formatted: Indent: Left: 1.5" Formatted: Centered Field Code Changed /t Field Code Changed ii) Areas with slopes that area greater or equal to 3:1 must be seeded and - - - { Formatted: Indent: Left: 1" erosion control blanket placed in accordance with standard detail ERO-21 within 14 days of the area not being actively worked, _ _ _ iii) All seeded areas must be either mulched and disc anchored, hydro - mulched, or covered by erosion control blanket to reduced erosion and protect the seed. Temporary orpermanent mulch must be disc anchored and applied at a uniform rate of 2 tons per acre and have 90% coverage. 13,) Special and Impaired Waters ,i) Additional BMP's together with enhanced runoff controls are required for discharge to Special and Impaired Water as defined in the MPCA General Storm Water Permit for Construction Activity, parts A,B and C of Ic Appendix A.' ii) The BMP's identified in the MPCA General Storm Water Permit for Construction Activity, part C of Appendix A for special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile of a special or impaired water and flows to that special or impaired water. Subd. 8. Storm Water Pollution Prevention Plan Review Procedures. a) Process: Storm Water Pollution Prevention Plans meeting the requirements of this ordinance must be approved by the city engineer or his or her designated representative in accordance with the standards of this ordinance. b) Duration: Storm Water Pollution Prevention Plan approval shall expire one year from the date of the city engineer's approval of the Plan unless construction has commenced. However, if prior to the date of expiration of the approval, the applicant makes a written request to the city engineer for an extension of time to commence construction setting forth the reasons for the requested extension, the city engineer may grant one extension that shall not exceed one year. Receipt of any applicant's request for an extension shall be acknowledged in writing by the city engineer within fifteen days of receipt. The city engineer shall make a decision on the extension request within forty-five days of receipt. c) Condition: A Storm Water Pollution Prevention Plan may be approved subject to compliance with conditions imposed by the city that are reasonable and necessary to insure that the requirements of this ordinance are met. Conditions that may be imposed include, but are not limited to: limiting the size, kind or character of the proposed improvements; requiring the construction of structures, drainage facilities, storage basins and other facilities; requiring replacement of vegetation; establishment of monitoring Page,10 of.15 I 6' At ,r � Deleted: g +`4, Deleted: . 1,0 i.a Deleted: ¶ Formatted: Bullets and Numbering { Formatted: Indent: Left: Deleted: <#>If the disturbed area will be re -disturbed within a six month period, temporary vegetative cover shall be required consisting of an approved seed mixture and application rate¶ <#>If the disturbed area will not be re - disturbed within a six month period, permanent vegetative cover shall be required consisting of an approved seed mixture and application rate¶ <#>A11 areas that will not have maintenance done such as mowing as part of the final design shall be permanently restored using an approved seed mixture and application reel <#>Restoration of disturbed wetland areas shall be accomplished using an approved seed mixture and application rate¶ <#> All erosion control measures must be maintained for the duration of the project until fmal stabilization has been achieved in accordance to Subd. 9. f. i-v. If construction operations or natural events damage or interfere with any erosion control measures, they shall be restored to serve their intended function¶ <#>Additional erosion control measures shall be added as necessary to effectively protect the natural resources of tl 1.5" Formatted: Not Highlight Formatted: Highlight Formatted: Not Highlight Formatted: Not Highlight ' Formatted: Not Highlight Formatted: Not Highlight ';, Formatted: Not Highlight Formatted: Not Highlight II Yi 4,, Formatted: Not Highlight Formatted: Not Highlight Formatted: Underline Formatted: Underline Formatted: Indent: Left: 1" Formatted: Indent: Left: 1" Formatted Formatted: Centered 1.41 Field Code Changed /1,' Field Code Changed i t, procedures; staging the work over a period of extended time; requiring alteration of the site's design to insure buffering; or requiring conveyance of necessary lands or easements to the city or other public entity. Subd. 9. Inspection and Maintenance Requirements. a) The applicant shall be responsible at all times for the maintenance and - - - - proper operation of all Erosion Prevention and Sediment Control measures. The applicant shall also inspect, maintain and repair all disturbed surfaces, Erosion Prevention measures, Sediment Control measures and soil stabilization measures on the site at least once each day that any work is performed on the site. If no work is performed on the site on a daily basis, the inspection, maintenance and repair by the applicant shall continue at least once every seven days, until the Land Disturbing Activity has ceased. Thereafter, the applicant shall continue perform these responsibilities at least once every seven days until Stabilization. The applicant shall maintain a record of all of its activities required by this subpart for inspection by the city upon request. b) The applicant must inspect the construction project within 24 hours of a - - - . rainfall event of 0.5 inches or greater in 24 hours. c) All inspections and maintenance conducted during construction must be recorded in writing and must be retained with the SWPPP. Records of each inspection and maintenance activity shall include i)Date and time of inspection. - - iilName of person(sl conducting the inspections. iii)Findings of inspections, including recommendations for corrective actions. iv)Corrective actions taken (including dates, times, and the party completing the maintenance activities). v)Date and amount of all rainfall events 0.5 inches or greater in 24 hours, vi)Documentation of changes made to the SWPPP. FQ If upon inspection of the site, the city finds that any private storm water management facilities or Erosion Prevention and Sediment Control measures require maintenance, repair, or replacement, but such deficiencies do not create a critical or imminent threat to adjacent properties, the environment, or other storm water facilities; the applicant shall be sent a written notice that includes the city's findings, what actions are required to correct the situation, and a date or dates by which such actions must be completed. The applicant shall have,fifteen a maximum of _ - 7 days from the date of the notice to reply to the city in writing indicating his or her response to the notice. The City may enforce a shorter time frame for the applicant to reply to the City. If the applicant does not complete the necessary activities stipulated by the city in the notice by the date(s) set forth in the notice, the city council after notice and public hearing may order that such activities be completed by the city or its designated contractor and that all costs associated with such activities be Pagel l_of.15 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0" + Indent at: 0" Formatted: Indent: Left: 1", No bullets or numbering - - Formatted: Indent: Left: 1" Formatted: Indent: First line: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.5" + Tab after: 1.75" + Indent at: 1.75 Formatted: Font: Bold, Underline Deleted: b Formatted: Indent: Left: 1", No bullets or numbering Formatted: Strikethrough 1 1 J Formatted: Centered ,' l Field Code Changed ,' 1 Field Code Changed charged to the applicant and may be drawn from the escrow amount. If the escrow amount is insufficient, the amount incurred by the city that is outstanding may be assessed by the city council by levying the amount upon the properties benefiting from and utilizing the storm water facilities that were maintained, repaired or replaced by the city. This amount may be certified by the city to the County Auditor of Hennepin County, Minnesota and shall be collected in the same manner as the collection of real estate taxes. d) All erosion and sediment BMPs shall be inspected to ensure integrity and effectiveness. All nonfunctional BMPs shall be repaired, replaced or supplemented with a functional BMP. The applicant shall investigate and comply with the following inspection and maintenance requirements. i)All silt fences must be repaired replaced or supplemented when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. These repairs shall be made within 24 hours of discovery, or as soon as field conditions allow access. ii)Temporary and permanent sedimentation basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches 1/2 the storage volume. Drainage and removal must be completed within 72 hours of discovery, or as soon as field conditions allow access. iii)Surface waters, including drainage ditches and conveyance systems, must be inspected for evidence of sediment being deposited by erosion. The Applicant shall remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems, and restabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within 7 days of discovery unless precluded by legal, regulatory, orphysical access constraints. The Applicant shall use all reasonable efforts to obtain access. If precluded, removal and stabilization shall take place within 7 calendar days of obtaining access. The Applicant is responsible for contacting all local, regional. state and federal authorities and receiving any applicable permits, prior to conducting any work. iv)Construction site vehicle exit locations shall be inspected for evidence of off -site sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off -site paved surfaces, within 24 hours of discovery, or if applicable, within a shorter time. v)The Applicant is responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as all erosion prevention and sediment control BMPs, for the duration of the construction work at the site. The Applicant is responsible until another Applicant has assumed control over all areas of the site that have not been finally stabilized or the site has Page,12 of 15 Formatted: Indent: Left: 1", First line: 0", Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 4 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Tabs: 1", List tab + Not at 0.5" Formatted: Centered ,' 1 Field Code Changed { Field Code Changed undergone final stabilization, and a NOT has been submitted to the MPCA. vi)If sediment escapes the construction site off -site accumulations of sediment shall be removed in a manner and at a frequency sufficient to minimize off -site impacts (e.g., fugitive sediment in streets could be washed into storm sewers by the next rain and/or pose a safety hazard to users of public streets). & All infiltration areas shall be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction due to construction equipment driving across the infiltration area. f) The Applicant must ensure final stabilization of the project. The Applicant shall submit a NOT within 30 days after final stabilization has been achieved, or another Applicant has assumed control on all areas of the project that have not achieved final stabilization. Final stabilization can be achieved by following the steps listed in Subd. 9. f. i-v. Subd. 10. Notification ads�ee#en-. a) The applicant shall notify the City at the following points during construction: i) Upon completionof the installation of perimeter Erosion and sedimentation controls; ii) Upon completion of Land Disturbing Activities but before putting into place measures for fmal soil stabilization and Permanent Cover; iii) When the site has been permanently Stabilized and Permanent Cover has been established; and iv) When all Temporary Erosion Protection and Sediment Controls have been removed from the site. Subd. 11. Noncompliance and Enforcement Procedures. a) Notice of Noncompliance. In the event work does not conform to the approved Storm Water Pollution Prevention Plan or requirements listed in the provisions of this ordinance, the city engineer or his or her designee shall issue a written notice of noncompliance to the applicant detailing the corrective actions necessary for compliance. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. If an imminent hazard exists, the city may require that the corrective work begin immediately. b) Stop Work Order. If corrective actions identified in the notice of noncompliance are not completed by the time period set forth by the city in the notice, the city engineer or his or her designee may issue an order for the city to stop all inspections required for land use or building permit Page,13_of.15 - - - Formatted: Indent: Left: 1" �u Formatted: Indent: Left: 1", First line: 0", Numbered + Level: 4 + Numbering Style: a, b, c, ... + Start at: 6 + Alignment: Left + Aligned at: 1.88" + Tab after: 2.13" + Indent at: 2.13", Tabs: 1", List tab + Not at 2.13" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Strikethrough Formatted: Centered •t Field Code Changed l Field Code Changed approvals until all corrective actions identified in the notice of noncompliance are completed. The applicant shall notify the city engineer or his or her designee upon completion of the corrective action. Once the city engineer has verified that corrective action has been taken, he or she shall inform the city and the city shall resume inspections on the site no later than the following business day. c) Action Against the Financial Securities.If the corrective action identified in the notice of noncompliance are not completed within the time specified in the notice, the city may act against the fmancial security if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city in order to reimburse the city for its costs incurred in the process of corrective work including, but not limited to, staff time and attorneys' fees. i) The applicant ceases Land Disturbing Activities and/or filling and abandons the site prior to completion of the city -approved grading plan; ii) The applicant fails to conform to the city -approved grading plan and/or the Storm Water Pollution Prevention Plan, or related supplementary instructions issued by the city; iii) The techniques utilized under the Storm Water Pollution Prevention Plan fail within one year of installation; or iv) Emergency action is required pursuant to subpart (d) listed below. d) Emergency Action. If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety or welfare, as determined by the city, the city may take emergency preventative action. Prior to taking emergency preventative action, the city shall attempt every reasonable measure possible to contact and direct the applicant to take the necessary action. g MisdemeanoL:_Any_person convicted of violating an}_ provisiopsof this _ - -( Formatted: Underline Chaper shall be guilt/ of a misdemeanor. and shall be subject to a fine or Formatted: Indent: Left: 1" imprisonment as specified by the state statute. Such penalty may be Formatted: underline imposed in addition to an action at.ainst the financial security,. a stogy work Formatted: Underline order or suspension or revocation of the permit by the Cif. J Fines. Any_person that violates any_provision of this chapter may be given an administrative citation and be required to pay an administrative fine pursuant to th.e penalty provision of the City Code. Formatted: Centered Field Code Changed Field Code Changed Page 14 of.15 Subd. 12. Right of Entry. a) Right of Entry and Inspection: The applicant shall allow the city and its - - - authorized representatives, upon presentation of credentials to: i) Enter upon the site for the purpose of obtaining information, examination of records, conducting surveys or investigations; ii) Bring such equipment upon the site as is necessary to obtain information, conduct surveys or investigations; iii) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept pursuant to this ordinance; iv) Inspect the Erosion control and Sediment Control measures required by the City or the Storm Water Pollution Prevention Plan; and v) Sample and monitor any items or activities pertaining to any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Page 15 of.15 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0" + Indent at: 0" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0" + Indent at: 0" Formatted: Centered Field Code Changed Field Code Changed MEMORANDUM TO: Medina Planning Commission FROM: Tim Benetti, Planning Director DATE: June 5, 2008 MEETING: June 10, 2008 RE: Rural Residential Standards, Accessory Structures and Animal Unit Standards OPEN DISCUSSION ONLY- No Public Hearing Introduction As part of the overall Zoning Ordinance updates (and in conjunction with the 2010 Comprehensive Plan), the Planning Department is preparing work on the Rural Residential district land use standards, along with accessory structure standards, animal unit standards; and other related issues concerning the rural residential areas. Similar to what we asked at the May 13th meeting regarding Uptown Hamel District item, Staff is requesting the Commissioners' thoughts, ideas, concerns and suggestions as we prepare new ordinances and present them in the next few weeks under an open house. The intent of this discussion is to provide an open dialogue between the Commission and staff, plus the general public if you wish. We intend to bring an official and revised draft ordinance to the next month's meeting. As part of you review, we have attached the four separate Rural Residential district text handouts; the current City Zoning Map; and the 2010 Comprehensive Plan Future Land Use Map as a reference guide. Staff has highlighted some of the text areas to indicate relevant standards or regulations to be discussed. Please note staff will be open to any suggestions on other areas of the zoning districts and not just the highlighted texts. Rural Residential (RR) The Draft 2010 Comp Plan calls for most of the Rural Residential districts to fall under the Permanent Rural (PR) land use designation. Under this category, land uses will be guided towards low -intensity uses, such as rural residential, rural commercial, farming, hobby farms, horticulture, conservation of ecologically significant natural resources and passive recreation. This area is not planned to be served by urban services and requires each lot to have five contiguous acres of soils suitable for septic systems. The current Rural Residential district provides the following purpose: Section 826.17. Rural Residential (RR) - Purposes. The major purpose of this District is to allow for a "rural life-style" by permitting low -density residential development, in areas that maintain rural services and mixed farming. Page 1 of 16 Planning Commission 06-10-08 The Commission may wish to discuss if the purpose section needs to be revised or amended to fit more closely with the Permanent Rural guidance language. For all intents and purposes, the existing statement is fine and is typically needs to indicate the general purpose of the described district. Under the permitted use listed above, staff would consider removing Subd. 5. Land spreading of yard waste. This "use" appears to be more of an activity and out of place under this permitted heading. Options would be to move it down to Sect. 826.23 as a Permitted Accessory Use, or simply omit the heading and have it referred to under Section 828.73 of the Zoning Ordinance, which currently specifies and regulates this type of activity. The 2010 Plan also calls for the establishment of a new Public Semi -Public (PSP) land use. Staff is requesting Planning Commission direction on if we need to establish a separate zoning district for these types of uses, which at this point single out churches, cemeteries, city hall and miscellaneous utility properties scattered throughout the city. By taking out the Subd. 1. Local government buildings., Subd. 2. Churches and other places of worship; Subd. 4. Cemeteries, and Subd. 8. Public, private or charter schools. Please note it is not imperative that we create a separate district just for these uses; moreover, if the Commission feels that these uses are acceptable to remain under this rural districts, then it should be acceptable. The key element of allowing these uses to remains that we still maintain the oversight and review control by means of the required CUP standards. Due to the continued presence of smaller farm operations, and the seasonal selling of produce on these farms, along with the support given under the district purpose and land use plan, we might want to consider adding as a permitted use "Stands for the sale of agricultural products, provided said products are primarily raised on the premises." (from the City of Dayton zoning ord.). Lot Size and Other Standards Under Subd. 2.a., the minimum lot size must equal 5-acres of contiguous soils suitable for a septic system. This standard has been in places since July 1999. The Met Council has identified this RR areas under their Regional Framework Plans as Diversified Rural, which calls for these areas to maintain an overall density level of ten acres per unit. Approximately two years ago, the City commissioned a Task Force Committee and extensive study (along with a moratorium) of the Rural Residential areas. The Committee believed, and the Planning Commission and Council agreed that retention of five acre contiguous standard is appropriate because: (i) it has worked well within the City for an extended period of time and the residents have grown accustomed to it; (ii) to the extent irregular lot lines are a problem, larger lots (for example 10 acres) could well result in the same irregularities; (iii) the program is appropriate for the unique soil conditions in Medina; and (iv) the practical effect is a resultant lot averaging approximately ten acres. The lot widths and setbacks were also recommended to be revised, from 110 feet to 300 feet, and setbacks were increased as now indicated above. Page 2 of 16 Planning Commission 06-10-08 Some concerns have been raised if the 5-acre minimum conflicts with the Met Council's 10 acre/unit density minimum. The 10 ac/unit density is an overall average that Met Council would like to see maintained in these Diversified Rural areas. The local government have the ability to regulate their own lot standards, just as long as the 10/1 ration is maintained. With the "suitable soils" requirements, and the fact most properties in Medina are physically affected by wetlands or unsuitable soils, new lots typically exceed the 5 acres, in order to be shaped appropriately or fit inside a development. The Commission may want to discuss (or reaffirm) that these lot standards are acceptable and appropriate for this district. Hardcover or Surface Cover Standards The RR district defines and specifies the following for measuring hard surfaces or cover: Subd. 4. Hard surfaces may not cover more than 50 percent of any lot. In calculating the percentage of coverage by hard surfaces, only areas located outside of required setback areas, the primary and secondary septic sites and slopes in excess of 6 percent may be included. For purposes of this section, hard surfaces include any non -natural surface which is impervious to water, including but not limited to buildings, decks, paddocks and paved or gravel -surfaced, drives, walks and parking areas. As part of the recent Nunn/Skyrock Farms CUP request, the determination of hardcover was a difficult example. The survey illustrated that up to one-half the site met the hardcover definitions. Questions raised by the applicant included why we exclude the setback areas, when in fact these areas are typically uncovered or left as open/yard spaces. The need to include the primary and secondary septic site areas was also questioned; as was the slopes in excess of 6 percent. A brief overview of surrounding communities indicated the following definitions and/or hard coverage standards: City of Dayton: Impervious Surface Area: The area of a site which is covered by an impermeable surface that includes but is not limited to all structures, building roof area, paving, gravel surfaces, decks, patios, appurtances, sidewalks, water and other impervious surfaces which significantly reduce or prevent absorption of stormwater into the soil and cause water to run off the surface in greater quantities and at an increase rate of flow. Max Impervious Coverage: 10% for AG and Rural Residential districts. City of Independence: Subd. 8. 'Buildable acres." Land that is not classified as floodplain or wetland, that is contiguous and not separated by streams, wetlands, slopes in excess of 10% or other physical impediments. City of Corcoran: (No definition) Not more than 30 percent of the site area shall be covered with buildings or other structures. Rural Residential Urban Reserve (RR-UR) The current RR-UR districts (refer to attached zoning map) are located around the City of Loretto; the areas west and south of Bridgewater Development; the 1/ section sandwiched between Foxberry Farms and Wild Meadows; and the small area located at the northwest corner of Navajo and Brockton (south of Hamel Legion Park). The 2010 FLU map calls for the area surrounding Loretto to be kept under a Rural Residential -Urban Reserve land use. The other Page 3 of 16 Planning Commission 06-10-08 areas are guided as Low Density Residential (2-3.49 U/A). These newly guided areas will receive new zoning standards once we determine those in the future. At this time, we have no plans to make any radical changes to the RR-UR zoning district standards, except make these standards consistent with any changes made under the RR standards. Rural Residential 1 (RR-1) This lone RR-1 district is locally known as the Hunter Farm Addition, located on the east part of the City off Hunter Drive and Carriage. Drive. The uses inside this district are essentially the same as allowed under the RR district; however, each lot is all lowed to have up to two horses (and possible third as a foal). The possible incorporation of Animal Units within the Zoning Code may affect the conforming nature of this animal allowance. Rural Residential 2 (RR-2) The current City Zoning Map indicates two areas covered under this unique zoning district. This district was created to provide for typical RR uses, but also specifically permit commercial riding stables. The two sites are located at 2182 Homestead (locally known as Alpine Farms) and the Gary Kirt property, located at 4550 Pioneer Trail (and Hwy 55). These properties appear to stand out more than the surrounding land uses (as they should), and the appearance of creating a separate district for what seems to be a specific use provides an argument that this could be viewed as "spot zoning." Staff is suggesting discussion on this issue to determine one of two option: 1) Remove the RR-2 zoning district in its entirely, and allow "Commercial [Horse] Riding Stables as a conditional use under the RR District only. The conditions listed under 826.26.1. Subd. 2 could easily be transferred under the RR district standards of Sect. 826.21. The prime concern that may occur by eliminating the district is creating a non- conforming situation with the existing stables. However, as long as they continue to comply with the underlying district regulations, then the specific uses could continue, and we could make them conforming (ideally) if they needed to expand or change the stable activity on their own sites. OR 2) Expand the existing RR-2 districts, or designate larger districts (not relegated to just parcels as they are now) in areas throughout the community that would support or provide suitable resources for this type of activity. For example, expand the RR-2 around Alpine, since this activity is already situated on Homestead Trail, which as a county road system is classified as a major collector. Other collectors we may look into include Hamel Road (west of Uptown Hamel of course); CR 24, or Pioneer Trail. Page 4 of 16 Planning Commission 06-10-08 Animal Unit Standards As part of the recent MnLINC, Bhaysar, Nunn/Skyrock, Greenwood, Stables/Hogan land use applications, Planning Staff was directed to research (and in most cases) apply the following standards as they relate to limiting the number of animals allowed on a property: The Applicant and all future owners of the subject property shall comply with any future livestock intensity standards as established by the City. Until such time, the applicant shall comply with the following animal unit intensity ratio: Animal Units Animal Species Minimum Grazable Acres per Animal Unit Horse 1 Cow 1 Llama 0.5 Goat 0.5 Sheep 0.5 Pony 0.5 Domestic Fowl 0.01 Other animals not listed above 1 unit per 1000 lbs. These units are consistent with other communities' ordinances and we will more than likely add these to the RR -standards. The City Council has also requested Planning Staff to research and prepare new Manure Management Policy for their review at the July 1st regular meeting. As part of that discussion and potential policy formulation, we may need to add some language related to this matter inside the RR district standards as well, or under Section 828. Zoning- Performance Standards and Enforcement. Page 5 of 16 Planning Commission 06-10-08 ACCESSORY BUILDING STANDARDS At the March 3rd Council meeting, city staff presented for the City Council the following information as it relates to accessory building standards from other communities. Staff is presenting this information for you review and reference point on what measures or standards you wish to see added to our own accessory building standards. Due to the opportunity to choose from different examples, staff is not advocating one cities ordinance over the other, or specific standards at this time. We wish to have you provide feed -back and then staff will prepare the draft documentation afterwards. Overview of f City Code Section 825.19. - Accessory Buildings Regulations Subd.1. No accessory building or structure shall be constructed on any residential lot prior to the time of construction of the principal building to which it is accessory. Subd. 2. No accessory building shall exceed the height of the principal building in the "R" Districts, except farm buildings. Subd. 3. In Residential Districts, accessory buildings shall not be attached to the principal building and shall be governed by the following regulations: Lot Size Bldg. Size No. Permitted 10,000 sq. ft. or less 600 sq. ft. one 10,001 sq. ft. to 20,000 sq. ft. 750 sq. ft. one 20,001 sq. ft. to 43,560 sq. ft. 1,000 sq. ft. one more than 1 to 3 acres 1,500 sq. ft. one more than 3 acres (combined) 3,000 sq. ft. two On properties more than five acres in area, the city council may grant a conditional use permit to allow accessory buildings which exceed an aggregate of 3,000 square feet in size or two in number. Conditional use permits shall be reviewed in accordance with the requirements of sections 825.39, et seq. of this ordinance. Subd. 4. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within 10 feet of the principal building. Subd. 5. Any detached accessory building of less than 200 square feet may be located within 5 feet of the rear or side lot. All detached accessory buildings exceeding 200 square feet must meet the setbacks required for principal buildings in the district. Subd. 6. In Commercial and Industrial Districts, all accessory buildings shall meet the same front, side, and rear yard setback requirements as the principal building. Accessory Building Regulations of Surrounding Cities Attached to this memo (as Attachment — A) is a comparison matrix indicating the various regulations pertaining to accessory buildings in some of the surrounding communities, including Page 6 of 16 Planning Commission 06-10-08 Plymouth, Corcoran, Maple Grove, Independence, Dayton, Minnetrista, and Orono. Most of these regulations reflect only those accessory building allowed in similar Agriculture and/or Rural Residential districts. As evident by most of these communities, the prevailing standard is that most accessory buildings shall not exceed the height of the principal structures, with 15 feet as the low in Plymouth and 2.5 stories/35-ft. (whichever less) in Independence. The setbacks all appear to be consistent with our own standards, and all require the buildings to be located in approved rear or side yard areas. Height and setbacks standards are usually exempted to those accessory buildings found to be or considered necessary for typical agriculture activities or uses, such as barns, stables, grain storages, tractor storages, etc. As evident by our own regulations above, accessory buildings are not subject to any architectural or exterior building material requirements. The cities of Corcoran and Dayton however, do provide some architectural standards and exterior requirements, but again these and other ordinances exempt farm building or structures. In the case of Corcoran, only those accessory buildings on 3 acres or less (< 1,450 sq. ft. buildings) must have identical roof and siding materials as the principal structure. Some communities provide for flexibility to increase the sizes or numbers of accessory buildings depending on the overall size of the property. In similar cases to Medina, where residents wish to exceed even these flexible or allotted amounts allowed by City Code without special applications, a conditional use permit is typically required. Dayton allows for increased accessory building sizes (3,000+ sq. ft.) with an interim use permit and only if used for agricultural purposes. Under the CUP process, cities can approve these applications and require "reasonable" conditions if or when necessary. Under Medina Zoning Code Section 825.41, these conditions could include, but are not limited to: 1. Increasing the required lot size or yard dimensions. 2. Limiting the height, size or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. S. Increasing the number of required off-street parking spaces. 6. Limiting the number, size, location or lighting of signs. 7. Required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 8. Designating sites for open space. It may go without saying that all of these communities have a wide variety of standards to choose from. The past few months, related to thee recent large accessory building standards, the overarching theme we have been forced to reckon the most is the allowable size; architectural features or building materials, and height. Larger accessory buildings will undoubtedly produce additional run-off and we may need to investigate if mitigation standards (such as rain gardens, rain barrels, or other means) may be included. Page 7 of 16 Planning Commission 06-10-08 Page 8 of 16 Planning Commission 06-10-08 ATTACHMENT- A CITY HEIGHT SIZE SETBACK STANDARDS Corcoran Shall not exceed the height of the principal building, except by CUP In the A and RR districts, attached garages less than 1,000 square feet in area shall not be considered as part of the square footage for purposes of the detached accessory structure calculations. However, attached accessory space in excess of the initial 1,000 square feet shall be counted towards the maximum allowable detached accessory building area (a) Front yard — same as underlying zoning district (b). Side yard — 20 feet (c). Rear yard — 15 feet (d). Agricultural uses shall be a minimum of 100 feet from all property lines. Max square footage and architectural standards shall comply with those listed on Exhibit A-1. Non-agricultural buildings larger than 3,175 square feet or with greater sidewalls as allowed in Subd. 3 of this Section shall only be permitted on parcels located in the A or RR district and 10 acres or more in size with a conditional use permit Minnetrista Shall not exceed the height of the principal building. Cannot exceed 30% of required rear yard N/A N/A Orono No accessory building in an R district shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions (See Exhibit A-2) Building must meet the principal building setbacks established by the underlying district. No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval Independence 2.5 stories or 35-ft., which ever is less (Ag. Buildings exempt) In the Ag. and RR Districts: < 1 ac.: 1600 sq. ft. 1 - 2.5 ac.: 1850 sq. ft. 2.5 — 5 ac.: 2100 sq. ft. 5 — 10 ac.: 2600 sq. ft. 10+ ac.: No limits (a) FY: 85 ft. from centerline of road (b) SY: 30 ft. from side lot line. (c) RY: 40 ft. from rear lot line. 25 feet from delineated wetland boundary N/A Page 9 of 16 Planning Commission 06-10-08 ATTACHMENT- A CITY HEIGHT SIZE SETBACK STANDARDS Maple Grove shall not exceed 15 feet in height as measured from the mean ground level to the highest point of the roof, a. On parcels of less than ten acres in size, total attached garage space shall be limited to 1,000 square feet. b. On parcels of less than ten acres in size, no individual detached accessory structure shall exceed a maximum of 1,000 square feet in area. c. A maximum of two detached accessory buildings will be permitted per lot. If two detached accessory buildings are constructed, one must be no larger than 150 square feet. d. On parcels of ten acres or more in size, the total area of garages and accessory buildings on all properties not qualifying as a farm (regardless of size and including hobby farms), shall not exceed 2,150 square feet. Allocation of the total square footage of accessory building area is at the discretion of the property owner, with the limitation that there be no more than two buildings, and the area of any attached garage is to be subtracted from the maximum area allowed. All of the allowed accessory building area may be used by one building. e. For every acre of lot area in excess of ten acres, the permitted total area for garages and accessory buildings may be increased by one- fourth of one percent up to a maximum increase of 1,075 square feet per lot. shall be five feet or more from all lot lines of adjoining lots. Farm uses in R-A district. For those properties and related uses which qualify as a farm under the criteria and definitions set forth in this chapter, all farming and agricultural related buildings and structures shall be permitted in the R-A zoning district with no restrictions as to size, height or location, except that no such buildings shall be constructed without adherence to the setback requirements applicable to structures in the R-A zoning district. Plymouth The maximum height of accessory buildings and structures shall be prescribed in the applicable district, provided that the height of an accessory building or structure shall not exceed the height of the principal structure, except as otherwise provided in Within the FRD (Future Restricted Development) and RSF Zoning Districts, an attached private garage not exceeding one thousand (1,000) square feet in gross floor area shall be considered an integral part of the principal building and such garages are exempt from the provisions of this section. Attached private garages in excess of 1,000 square feet of gross floor area are not permitted, except by conditional use permit. Accessory buildings in the residential districts shall be set back from adjoining lots as prescribed in the applicable district. Accessory buildings in the nonresidential districts shall be set back from adjoining lots as prescribed for the principal building on the lot. Except in the FRD Zoning District, all accessory buildings in excess of one hundred twenty (120) square feet shall be constructed with a design consistent with the general character of the principal structure on the lot. Dayton (see Exhibit A-3) — _ _ _ ^--.-----_._ nn An n0 , Page 10 0 EXHIBIT A-1 Allowed Building Sizes by Acres Acres 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 <1 1,000 or 25 percent of the area of the rear yard, whichever is less. 1 1,000 1,020 1,040 1,060 1,080 1,100 1,120 1,140 1,160 1,180 2 1,200 1,225 1,250 1,275 1,300 1,325 1,350 1,375 1,400 1,425 3 1,450 1,475 1,500 1,525 1,550 1,575 1,600 1,625 1,650 1,675 4 1,700 1,725 1,750 1,775 1,800 1,825 1,850 1,875 1,900 1,925 5 1,950 1,975 2,000 2,025 2,050 2,075 2,100 2,125 2,150 2,175 6 2,200 2,225 2,250 2,275 2,300 2,325 2,350 2,375 2,400 2,425 7 2,450 2,475 2,500 2,525 2,550 2,575 2,600 2,625 2,650 2,675 8 2,700 2,725 2,750 2,775 2,800 2,825 2,850 2,875 2,900 2,925 9 2,950 2,975 3,000 3,025 3,050 3,075 3,100 3,125 3,150 3,175 10+ 3,175 CUP CUP CUP CUP CUP CUP CUP CUP CUP City of Corcoran Subd. 3. Architectural Standards. A. Accessory buildings located on parcels 3 acres in size or smaller, must have identical roof and siding as the principal structure. B. Sidewall height shall be measured from the base of the structure to the bottom of the eave on the exterior sidewalls. C. The following sidewall heights, eaves, and overhang standards shall exist: Sidewall Height Eaves Overhang 12" 10' or less 12" 10'- 12' 12" 18„ 12' -13'6" to provide for a 12' door 12" 24" D. The maximum sidewall height of an accessory building constructed in the front or side yard is 10 feet and a maximum sidewall height of an accessory building constructed in the rear yard is 13 feet, 6 inches. E. Agricultural Buildings. 1. Accessory buildings constructed on properties with the Agricultural Preserve Designation, for the exclusive use of sheltering agricultural machinery, animals and storage of agricultural products, shall be exempt from building permit fees and architectural standards. The buildings shall comply with all setback requirements of the zoning district. Administrative review of the application and site plan will be required. 2. Accessory buildings constructed on properties defined by the City Code as "true farming", for the exclusive use of sheltering agricultural machinery, animals and storage of agricultural products, shall be exempt from the architectural standards. Page 11 of 16 Planning Commission 06-10-08 EXHIBIT A-2 City of Orono (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non -roofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404: a. Tennis courts. b. Pools, when pool basin structure (excluding non -encroachment -type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Lot Area (acres) Maximum Individual Accessory Structure Footprint Area (square feet) Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property (square feet) 0--1.99 1,000 2,000 2.00--3.00 1,200 2,400 3.01--3.50 1,400 2,800 3.51--4.00 1,600 3,200 4.01--4.50 1,800 3,600 4.51--5.00 2,000 4,000 5.01--6.00 2,200 4,400 6.01--7.00 2,400 4,800 7.01--8.00 2,600 5,200 8.01--9.00 2,800 5,600 9.01 or more 3,000 6,000 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Page 12 of 16 Planning Commission 06-10-08 EXHIBIT A-3 City of Dayton A-1, S-A and A-2 Districts Accessory Structures Height, Size and Number Parcel Size Height Limit Maximum Combined Area (all detached accessory bldgs.) Under 2.5 acres 35 feet* 1250 sq. feet 2.5 to 4.75 acres 35 feet* 1750 sq. feet 4.751 to 9.6 acres (residential use) 35 feet maximum 2000 sq. feet 4.751 to 9.6 acres (agricultural use) 45 feet maximum** 3000 sq. feet*** 10 acres and greater 45 feet maximum** As per impervious coverage limits * Accessory structure height shall not exceed the principal dwelling height. ** A conditional use permit is required for agricultural accessory buildings over 45 feet high. *** A total accessory building area of over 3,000 square feet requires an interim use permit and Subd. 8 General Accessory Structure Regulations (1) No accessory building or structure shall be permitted on any lot, in any district, prior to the time of construction of the principal building to which it is accessory, except for a building devoted exclusively to agricultural use, and on a parcel of land at least 10 acres in size and zoned A-1 or 20 acres in size and zoned S-A. (2) Provided that the City Council may allow the construction of an accessory building prior to the principal structure being constructed if a building permit is taken out for both structures and an appropriate escrow deposit and agreement is made between the applicant and the City to provide for forfeiture in the event the principal structure is not built within the time specified. (3) All accessory storage buildings 120 square feet in area or less except those used for agricultural purposes shall be located in the rear yard between the rear property line and the rear of the main structure no closer than 5 feet to any property line or 20 feet to a side lot line, if adjacent to any public street right-of-way. Page 13 of 16 Planning Commission 06-10-08 EXHIBIT A-3 City of Dayton (4) In case an accessory building is attached to the main building it shall be made structurally a part of the main building and shall comply in all respects to the main building. An accessory building, unless attached to and made a part of the main building shall not be closer than 10 feet to the main building, except as otherwise provided in this Subsection. (5) In Residential Zoning Districts, the exterior finish and design of all accessory buildings shall match the exterior design and materials of the principal building or dwelling. (6) For Commercial and Industrial Districts, the exterior materials shall meet the exterior building materials requirements as specified in Subsection 1001.17, Subd. 1 of this Code. (7) All accessory storage buildings in any residential zone, shall be maintained and kept in a neat and orderly fashion, specifically, structurally sound, no excessive flaking or pealing; if a metal building, no excessive rusting upon or through the walls, floor or roof. Any building which is not so maintained shall be removed by the property owner or upon due notice, the building may be removed by the City at the property owner's expense. (8) No permanent accessory storage building shall be located in any public utility easement or easements of record. Where any question arises as to the location or design of accessory buildings, the Building Inspector may refer the matter to the City Council for final determination. (9) All accessory buildings shall be suitably anchored to the ground. (10) Any accessory building in excess of 120 square feet shall be constructed to the standards of the Minnesota State Building Code. (11) For the purpose of this Subsection, unenclosed playhouses and/or gazebos, uncovered swimming pools, decks or patios, tennis courts and other unenclosed residential uses of property similar in nature shall be excluded from the definition of the term accessory building. (12) All accessory buildings on parcels of land in the A-1 zone less than 10 acres in size shall conform to the following maximum square footage except that, at the applicant's option, accessory buildings used for agricultural purposes on the parcels may have a square footage equal to the average square footage of lawfully existing accessory buildings used for agricultural purposes within 1,000 feet of the proposed accessory building. In order to utilize this exception, there must be at least 3 accessory buildings used for agricultural purposes within a 1,000 foot radius of the proposed building. If there are not, the exception may not be used and the maximum square footage in the following table shall be used. Provided, however, that in no event shall an accessory building on the parcel exceed 3,175 square feet. For purposes of this Subsection, agricultural purpose shall have the meaning given by this Code and shall also include the keeping and training of horses. (13) Consideration shall be given to provide for the future expansion and/or replacement of the septic system, and the City may deny the requested permit or alter the location to account for future septic system needs. (14) No accessory building or structure shall be permitted on any lot, in any district, without an approved building permit and/or site plan and a declaration of use statement signed by the applicant. Page 14 of 16 Planning Commission 06-10-08 EXHIBIT A-3 City of Dayton 1001.17 EXTERIOR BUILDING MATERIALS AND OTHER NON-RESIDENTIAL BUILDING STANDARDS. Subd. 1 Exterior Building Material Requirements (1) Purpose. Higher quality, durable materials improve community aesthetics and have better long-term maintenance. (2) Compliance requirement. All new non-residential construction or additions to permitted existing uses in excess of 10% of footprint area existing at the date of this section May 28, 2002, shall meet the minimum exterior building material requirements and other requirements of this Subsection of the Zoning Code. (3) Definition. For the purpose of this Subsection the following definition shall apply. Masonry or Better Exterior Materials Exterior wall surfaces of all buildings shall be faced with brick, stone, architectural treated or rock face concrete block, stucco, architecturally treated, textured or patterned cast -in -place or pre -cast concrete, glass or an equivalent or better. Up to 15% of any wall surface may be wood or metal used as architectural trim, as approved by the City Council. Artificial stucco products may only be used above a height of 8 feet and when part of a unified architectural design. (4) Exterior building material requirements. a. Commercial Districts (OS, NB, VM, RB, CR, and GB). 1. Masonry or better exterior materials on all exterior building walls. 2. The City Council may waive this requirement when the proposed building is to be on property platted prior to adoption of this Subsection and the proposed building is to be located adjacent to an existing commercial building which does not meet the masonry or better requirements. b. Industrial Districts (1-1, 1-2, 1-3). 1. Masonry or better, a minimum of 8 foot high above grade, on the front, side and/or rear of all building facades that have a significant exposure to a public street. 2. Metal buildings, accessory buildings and additions shall be allowed in the Industrial Districts when they meet the materials requirements for facades facing a public street and conform to the exterior architectural design standards. Subd. 2 Exterior Architectural Design Standards In addition to the exterior material requirements all new buildings and major additions shall meet the following standards: (1) The building is frame or masonry construction. No pole buildings are allowed. All buildings must have a continuous concrete frost footing. Page 15 of 16 Planning Commission 06-10-08 EXHIBIT A-3 City of Dayton (2) The building design must include architectural interest through the use of 1 more of the following elements; varied building heights, dormers, porches, overhangs, varied building foundation, or other design treatments suitable to the City Council which create architectural design quality and enhance the appearance of the neighborhood and community. (3) No long unbroken exterior building walls are allowed. No exterior wall may be longer than a distance equal to 4 times the height of the wall without the presence of a building offset (distance between walls on the same side of a building) of at least 4 feet in depth. (4) The color must comply with the following requirements: a. No single color or single texture buildings; b. At least 2 colors and/or textures must be used in the building exterior design, including the trim or facia; and c. The building colors must be complementary and be designed to enhance the lot, the neighborhood and the community. (5) Any metal exterior materials must be warranted to resist fading for a period of at least 15 years. (6) The height of any permitted accessory buildings, measured at the sidewall, shall not exceed 12 feet in the OS and NB Districts and 20 feet in other Commercial and Industrial Zoning Districts. (7) The exterior materials for accessory building must match the exterior materials and design features of the principal building. Page 16 of 16 Planning Commission 06-10-08 Medina City Code 826. Zoning — District Provisions RURAL RESIDENTIAL ZONING DISTRICT (RR) Section 826.17. Rural Residential (RR) - Purposes. The major purpose of this District is to allow for a "rural life-style" by permitting low -density residential development in areas that maintain rural services and mixed farming. Section 826.19. (RR) Permitted Uses. Within the Rural Residential District, no structure or land shall be used except for one or more of the following uses: Subd. 1. Single family detached residences. Subd. 2. Agricultural land uses. Subd. 3. Essential Services. Subd. 4. Public Recreation. Subd. 5. Landspreading of yard waste in compliance with the conditions of section 828.73 of this ordinance. Subd. 6. Home occupations in compliance with the conditions of Section 825.07, Subd. 49 of this ordinance. Section 826.21. (RR) Conditional Uses. Within the Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Local government buildings. Subd. 2. Churches and other places of worship. Subd. 3. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c) of this ordinance. Subd.4. Cemeteries. Subd. 5. Outdoor recreational facilities, including non-commercial parks, golf courses, and driving ranges. Subd. 6. Private use of windmills or wind energy conservation systems (WECS). Subd. 7. Solar equipment. Subd. 8. Public, private or charter schools having a course of instruction approved by the Minnesota depai tment of education for students enrolled in preschool through grade 12 or any portion thereof, provided the school must be served by sanitary sewer or meet the requirements of Section 826.51, Subd. 3 of this ordinance. Subd. 9. On parcels of 40 acres or larger, a second principal residential dwelling structure. 826. Zoning — District Provisions Page 6 of 69 Medina City Code 826. Zoning — District Provisions Section 826.23. (RR) Permitted Accessory Uses. Within any Rural Residential District the following uses shall be permitted accessory uses: Subd. 1. Garages. Subd. 2. Fences. Subd. 3. Gardening and other horticultural uses. Subd. 4. One lodging room per single family dwelling. Subd. 5. Recreation equipment. Subd. 6. Livestock and poultry. Subd. 7. Farm building. Subd. 8. Home Occupations in compliance with the conditions of section 825.07, Subd. 49 of this ordinance. Subd. 9. Private riding stable. Section 826.25. (RR) Lot Area, Height, Lot Width, and Setback Requirements. Subd. 1. No building hereafter erected shall exceed two and one half (2 1/2) stories or thirty (30) feet in height, as defined in section 825.07, subd. 12, except farm buildings and except as regulated by subd. 7 of this section. 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. The lot must contain at least five (5) acres of contiguous soils suitable for a standard sewage disposal system as defined in section 720 Individual Sewage Treatment Systems and in section 826.25 subd. 2. 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 - 300 feet. (c) Lot Depth - 200 feet. (d) Front Yard Setbacks - 50 feet. (e) Side Yard Setbacks — (1) 50 feet for lots five (5) acres or larger (2) 20 feet for lots of less than five (5) acres 826. Zoning — District Provisions Page 7 of 69 Medina City Code 826. Zoning — District Provisions (f) Rear Yard Setbacks — (1) 50 feet for lots five (5) acres or larger (2) 40 feet for lots of less than five (5) acres Subd. 3. (a) Notwithstanding anything herein to the contrary, a lot shall meet minimum lot size if all the following conditions are met: (1) Lot of record on July 1, 1999; (2) Lot contains at least two (2) acres of contiguous soils of one or more of the types listed in section 820.29, subd. 5 of the Medina code of ordinances; and (3) Lot contains a primary and a secondary site for an on -site sewage disposal system. The provisions of this subdivision are in addition to those in section 825.13. (b) Notwithstanding anything herein to the contrary, a lot shall meet minimum lot width requirements if it was conforming with regard to minimum lot width on March 1, 2006. Subd. 4. Hard surfaces may not cover more than 50 percent of any lot. In calculating the percentage of coverage by hard surfaces, only areas located outside of required setback areas, the primary and secondary septic sites and slopes in excess of 6 percent may be included. For purposes of this section, hard surfaces include any non -natural surface which is impervious to water, including but not limited to buildings, decks, paddocks and paved or gravel -surfaced, drives, walks and parking areas. Subd. 5. Animal structures shall not be erected within 150 feet of any lot line. Subd. 6. Feed lots, runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of any property line. Subd. 7. The height of single family detached residences may exceed 30 feet, but may not exceed 40 feet or two and one-half (2 1/2) stories, if the following standards are met: (a) Accurate building plans and elevation drawings shall be submitted to the City; (b) Those portions of the residence greater than 30 feet in height shall be uninhabited and not planned for storage; (c) Those portions of the residence greater than 30 feet in height shall be no larger than 500 sq. ft. or shall be divided into spaces no greater than 500 sq. ft. and separated by an approved draft stop. (d) The height from the lowest ground level (and 8 feet out) to the eave shall be no greater than 30 feet; and (e) There shall be a two (2) story height limitation at the driveway or point of access to the residence. 826. Zoning — District Provisions Page 8 of 69 Medina City Code 826. Zoning — District Provisions RURAL RESIDENTIAL URBAN RESERVE ZONING DISTRICT (RR-UR) Section 826.25.1. Urban Reserve (RR-UR) Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for residential urban reserve in the city's comprehensive plan. The urban reserve includes areas of the community lying outside of the municipal urban services area which will not be developed at even rural residential densities until at least 2020, except under specified conditions included in this section of the ordinance. Section 826.25.2 (RR-UR) Permitted Uses. Within the Urban Reserve district, no structure or land shall be used except for one or more of the following uses: Subd. 1. Single family detached residences. Subd. 2. Agricultural uses. Subd. 3. Essential services. Subd. 4. Public recreation. Subd. 5. Landspreading of yard waste in compliance with the conditions of section 828.73 of this ordinance. Section 826.25.3. (RR-UR) Conditional Uses. Within the Urban Reserve district, no structure or land shall be used for the following uses except by conditional use permit: Subd. 1. Home occupations in compliance with the conditions of section 826.98, subd. 2 (c) of this ordinance. Subd. 2. Cemeteries in compliance with the conditions of section 826.98, subd. 2 (d) of this ordinance. Subd. 3. Outdoor recreational facilities, golf courses, and driving ranges in compliance with the conditions of section 826.98, subd. 2 (g) of this ordinance. Subd. 4. Private use of windmills or wind energy conservation systems (WECS) in compliance with the conditions of section 826.98, subd. 2 (e) of this ordinance. Subd. 5. Solar equipment in compliance with the conditions of section 826.98, subd. 2 (m) of this ordinance. Section 826.25.4. (RR-UR) Permitted Accessory Uses. Within the Urban Reserve district, the following uses shall be permitted accessory uses when used in conjunction with a principal structure: Subd. 1. Garages. 826. Zoning — District Provisions Page 9 of 69 Medina City Code 826. Zoning - District Provisions Subd. 2. One lodging room per single family dwelling. Subd. 3. Recreation equipment. Subd. 4. Livestock and poultry. Subd. 5. Farm building. Subd. 6. Home occupations meeting the definition of section 825.07, subd. 49 of this ordinance. Subd. 7. Private riding stable. Section 826.25.5. (RR-UR) Lot Area, Height, Lot Width and Setback Requirements. Within the Urban Reserve district, the following development standards shall apply: Subd. 1. No building hereafter erected shall exceed two and one half (2 '/2) stories or thirty (30) feet in height, as defined in section 825.07, subd. 12, except for farm buildings and except as regulated by subdivision 7 of this section. 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 — 300 feet. (c) Lot Depth — 200 feet. (d) Front Yard Setbacks — 50 feet. (e) Side Yard Setbacks — (1) 50 feet for lots five (5) acres or larger (2) 20 feet for lots of less than five (5) acres (f) Rear Yard Setbacks — (1) 50 feet for lots five (5) acres or larger (2) 40 feet for lots of less than five (5) acres 826. Zoning - District Provisions Page 10 of 69 Medina City Code 826. Zoning — District Provisions (g) Setbacks from Commercial Zoning Districts — 75 feet. (h) Wetland Setback - 25 feet for a wetland less than 1 acre and 50 feet for a wetland greater than 1 acre, which setback shall be kept in natural vegetation and shall not be a mowed and/or fertilized lawn. Subd. 3. Notwithstanding anything herein to the contrary, lots of less than 40 acres may be established in compliance with one of the following: (a) (1) all lots must meet all requirements of section 826.25, subd. 2 and section 820.29 subd. 4(a) and subd. 5 of this ordinance and an overlay or ghost plat must be submitted at the time of application for subdivision approval which demonstrates the feasibility of subdividing the lot in the future at a density of no less than three dwelling units per buildable acre. For purposes of this subdivision, buildable acres includes the gross area of the lot minus open water, wetlands, rights -of -way and drainage and utility easements; or (2) smaller lots may be created through a planned unit development consistent with the provisions of section 827.24 et seq. of this ordinance and with the intent of this section. (b) Notwithstanding anything herein to the contrary, a lot shall meet minimum lot width requirements if it was conforming with regard to minimum lot width on March 1, 2006. Subd. 4. Hard surfaces may not cover more than 20 percent of any lot. For purposes of this section, a hard surface includes any non -natural surface which is impervious to water, including but not limited to buildings, decks, paddocks and paved or gravel -surfaced, drives, walks, and parking areas. Subd. 5. Animal structures shall not be erected within 150 feet of any lot line. Subd. 6. Feed lots, runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of any property line, 100 feet of wetlands and 300 feet of any shoreland or stream. Subd. 7. The height of single family detached residences may exceed 30 feet, but may not exceed 40 feet or two and one-half (2 1/2) stories, if the following standards are met: (a) Accurate building plans and elevation drawings shall be submitted to the city; (b) Those portions of the residence greater than 30 feet in height shall be uninhabited and not planned for storage; (c) Those portions of the residence greater than 30 feet in height shall be no larger than 500 sq. ft. or shall be divided into spaces no greater than 500 sq. ft. and separated 826. Zoning — District Provisions Page 11 of 69 Medina City Code 826. Zoning — District Provisions by an approved draft stop; (d) The height from the lowest ground level (and 8 feet out) to the eave shall be no greater than 30 feet; and (e) There shall be a two (2) story height limitation at the driveway or point of access to the residence. 826. Zoning — District Provisions Page 12 of 69 Medina City Code 826. Zoning — District Provisions RURAL RESIDENTIAL 1 ZONING DISTRICT (RR 1) Section 826.26. Rural Residential 1 (RR 1). Subd. 1. The purpose of the RR 1 district is to provide a district which is similar to the RR - Rural Residential district but which allows differences in development standards in recognition of the proximity of the district to areas which are densely developed or zoned for dense development and to major transportation corridors. Subd. 2. All development standards applicable to the RR district contained in sections 826.17 through Section 826.25, inclusive, shall apply to the RR 1 district, except for the provisions contained in section 826.25, subd. 3. Subd. 3. Animal barns in the RR 1 district shall be subject to the following: (a) All structures shall be set back at least 75 feet from all property lines and at least 150 feet from any street or right-of-way; (b) No structure shall exceed 1,000 square feet of gross floor area; (c) All structures shall be of a design which is compatible with the principal structure; (d) No structure shall be erected prior to construction of a principal building; (e) No structure shall be used to house any type of livestock except horses; (f) No structure shall be used to house more than two horses, except that a third horse which is the foal of one of said two horses may be kept on the premises for a period not to exceed six months during any 12 month period; and (g) The owners of animal barns approved pursuant to this section shall comply with the requirements of section 330 of the city code regarding removal of manure. Subd. 4. No RR 1 district shall be created unless it shall be in compliance with all of the following: (a) minimum of 100 contiguous acres; (b) minimum of 301ots; (c) located wholly or partially within 2,640 feet of an area containing at least 501ots which do not meet current city standards for lot size or dimensions; (d) located wholly or partially within 2,640 feet of an area zoned UR Urban Residential or MR Multi Family Residential; and 826. Zoning — District Provisions Page 13 of 69 Medina City Code 826. Zoning — District Provisions (e) located wholly or partially within 2,640 feet of a principal or intermediate arterial roadway, as designated in the city's comprehensive plan. Subd. 5. Animal barns which exceed 1,000 square feet of gross floor area or are used to house more than two horses may be constructed on any lot so long as they are located at least 150 feet from any property line. Subd. 6. All animal barns not in compliance with the requirements of this section shall be removed no later than July 1, 1986. 826. Zoning — District Provisions Page 14 of 69 Medina City Code 826. Zoning — District Provisions RURAL RESIDENTIAL 2 ZONING DISTRICT (RR 2) Section 826.26.1. Rural Residential - 2 (RR-2). Subd.1. Purpose. The purpose of the RR-2 district is to provide a zoning district which is the same as the Rural Residential (RR) district but which also permits commercial riding stables, subject to the conditions in subdivision 2. Subd. 2. In addition to the requirements of Section 825.39 or Sections 827.24 et seq., no commercial riding stable may be established in the RR-2 district except in compliance with the following: (a) minimum lot size is 15 acres including roads and 12 acres excluding roads; (b) minimum lot area is .5 acres per horse kept on the property excluding roads; (c) hard surface coverage may not exceed 40 percent of the lot area excluding roads. For the purposes of this section, hard surface includes structures, paved areas, septic and drainfield areas, driveways and parking areas, outdoor arenas, and paddocks. Hard surface coverage of structures, paved areas, driveways and parking areas may not exceed 10 percent of the lot area excluding roads; (d) there must be a primary residential structure located on the property; (e) there must be identified and acceptable primary and alternate septic sites on the property which are sized for the maximum anticipated usage of a commercial stable based on the stable capacity of horses and which follows section 720 Individual Sewage Treatment Systems; (f) all animal feed and bedding must be stored within an enclosed building; (g) manure must be disposed of at an off -site location at least every six months by means of a method approved by the City and the Minnesota pollution control agency; (h) diligent effort must be made to maintain grass in the paddocks by limiting use thereof as appropriate and by providing supplemental feed to prevent over grazing; (i) paddocks must be separated by a minimum distance of 12 feet and planted with grass; (j) all parking must occur on -site but may not occur on the primary or alternate septic sites or on any green area; (k) the number of shows or other events permitted at the stable will be determined by the city council after consideration of the impact of such occurrences on adjacent properties and public facilities. The city council and chief of police must be notified at least 14 days prior to any permitted event; 826. Zoning — District Provisions Page 15 of 69 Medina City Code 826. Zoning — District Provisions (1) no outdoor speakers may be used except as permitted by the city council in connection with a permitted event; (m) all stables must have indoor sanitary facilities for persons residing or working on the property and must provide supplemental temporary facilities during events and other appropriate times; (n) exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property; (o) all requirements of the fire code and fire marshal must be met; (p) trash containers must be located inside or screened in an acceptable manner; (q) hours of operation and the number of permitted employees will be determined by the city council after consideration of the impact on adjacent properties; (r) food consumed on site at permitted events or shows must be prepared in accordance with all applicable state and county health codes and regulations; (s) there may not be living quarters in a barn unless there is an approved and operational septic system; and (t) stable operators are responsible for preventing trespassing on adjacent properties by patrons and horses. Subd. 3. Permitted Uses. The uses permitted in the RR-2 district are the same as those set forth in Section 826.19 for the RR district. Subd. 4. Conditional Uses. The uses permitted by conditional use permit in the RR-2 district are the same as those set forth in Section 826.21 for the RR district and commercial riding stables. Subd. 5. Permitted Accessory Uses. The accessory uses permitted within the RR-2 district are the same as those set forth in Section 826.23 for the RR district. Subd. 6. Lot Area and Dimensions; Setbacks and Building Heights._ The lot area and dimension, setback and building height standards for the RR-2 district are the same as those set forth in Section 826.25 for the RR district, except as Section 826.26.1, subd. 2, may specify otherwise. In addition, paddocks must be set back a minimum of 10 feet from all property lines except those adjacent to public roads. 826. Zoning — District Provisions Page 16 of 69 Map 5-2 City of Medina Future Land Use Plan Guide Plan Permanent Rural Rural Res -Urban Reserve Low Density Res 2.0 - 3.49 U/A Medium Density Res 3.5 - 6.99 U/A Ell High Density Res 7 - 30 U/A ® Mixed Use 3.5 - 6.99 U/A EN Mixed Use - Business 7 - 45 U/A ® Commercial 111 General Business Industrial Business ;;M Private Recreation (PREC) - Parks and Recreation ® Open Space - Public Semi -Public 0 U/A Closed Sanitary Landfill ROW-E *This map is not perfectly precise. Actual boundaries may vary, and should be field verified. Map Date: February 15, 2008 Parceld current as of October 2006 UTM, Zone 15N, NAD 83 Scale: 1:30,000 DRAFT 0 0.25 0.5 1 Mile ZONING MAP Legend Roads_2006 Medina_Lakes Parcels <all other values> ZONING AG - BP IP - MR - PS �{ PUD V/1 PUD RR-2 PUD-SFR ® PUD-UC PUD1 ® PUD2 f RAIL RCH I RR RR-UR RR1 ▪ SL SR - UC _ UH - UR ® OS UPDATED: MAY 15, 2006 Agenda Item: 10(b) MEMORANDUM TO: City of Medina Planning Commissioners FROM: Tim Benetti, Planning Director DATE: June 10, 2008 RE: Affordable Housing Policy — Open Discussion Only At the regular City Council meeting of June 3, 2008, Administrative Intern Kim Ann provided to the Council and general public a PowerPoint presentation titled Affordable Housing Research for the City of Medina. The presentation was meant to provide an overview and receive initial input from the Council on establishing an Affordable Housing Policy in Medina. The City Council requested the research material be presented to the Planning Commission for your review as well, with the opportunity to provide input, ideas or suggestions on how to implement such a policy in the City, and forward those onto staff and the Council for future consideration. Staff will provide a brief background on this research material at the Tuesday, June 10th meeting, and will help facilitate any discussion on this item. This item is being presented without a public hearing. Attachment: Affordable Housing Research for the City of Medina Page 1 of 1 Planning Commission 06-10-08 Affordable Housing Research for the City of Medina for Chad Adams prepared by Kim Ann 5/25/2008 Dynamics of Affordable Housing Housing provides a necessary foundation for physical and social life. It provides shelter, security, recreation, and wealth. It plays a central role in the health and well-being of its occupants and also supports their employment and educational endeavors. Among the poor, there is a severe shortage of adequate, affordable housing. Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. An estimated 12 million renter and homeowner households now pay more then 50 percent of their annual incomes for housing, and a family with one full-time worker earning the minimum wage cannot afford the local fair -market rent for a two -bedroom apartment anywhere in the United States. 1 Purpose of this report To provide the reader with 1) General information on Affordable Housing and who it would serve, 2) Explain the financial tools that are available in the Minnesota Metropolitan area, 3) An explanation of supportive services for Affordable Housing projects, 4) An explanation of planning policies that support Affordable Housing, and 5) Details of how Affordable Housing can be implemented in the community of Medina. The format of this report is in narrative outline for the purpose of the intended audience to gain information by glancing through its sections prior to an oral presentation. I. Affordable Housing A. General Information on Affordable Housing 1. Understanding the Need There is a lack of affordable housing for people of all ages and incomes create stress on families, dampen area productivity and stifles job growth. Communities in the seven -county metropolitan area are required by state law to plan for "sufficient existing and new housing" to meet their local share of the region's overall need for low -and moderate -income housing. The law also requires the Metropolitan Council to assist communities to accomplish this planning.z Currently Affordable Housing Prices in Minnesota Metropolitan Area are $158,000-215,000 (60-80%). According to 2007, the maximum 4 person household can afford $206,800 at the 80% Area Median Income (AMI). A rental unit for the same family is considered to be able to afford a two bedroom unit for $883. In reference to Appendix VI, a letter from MFHA. Medina's share of the regional affordable housing need for the decade 2011 to 2020 is forecasted to be 384 new affordable units. 2. Who does Affordable Housing serve? . "Movers and the Shakers"- young professionals, community support personnel, volunteers. . Younger families — start-up family homestead, keeping generations together by having family units close by each other. . Larger families — a larger unit family who's needs are not met through rental units. . Current residents facing escalating prices; through "built around" • Older Generations- "Life Cycle Housing" or assisted living services, keeping this population close to the caregivers . "Transitional Lifestyles"- divorced parents, military families, transient employees (eg: traveling nurses) . Working poor, temporarily displaced workers and college attending adults See Appendix I for the Affordability Table. 3. Current Trends . Mixed Use - "Urban Village" Concept . Increased Housing Density and Land Growth Restrictions/Containment for multi -modal transportation & land conservation. . Creating Job/Transit/Housing Linkages . Mixed Income Housing Developments with attractive design. -See Appendix II for metro area developments-. . Home Ownership for stability and booster self -achievement . Environmentally friendly land -use and building (going "Green") • Increase demand for lower maintenance housing . Increase for Lifecycle housing to keep residents in the community that they are familiar with. • Inclusionary Zoning- a mix of socio-economic levels to stabilize the community. . System Built Housing or pre -fabricated homes vs "Stick Built" that reduce costs of the dwelling. . Elder Cottage Housing Opportunities "ECHO" units. ECHO units allow older adults to get needed support while remaining independent in their own homes, and allow adult children the privacy and space. 4. Barriers . Lack of infrastructure within rural communities . Politics- City Council, resistance among residing community members, Not In My Backyard (NIMBY) perspectives. U.S. Department of Housing and Urban Development. Affordable Housing. http://www.hud.gov/ retrieved 1/17/08. 2 Metropolitan Council. Affordable Housing,retrieved 1/010/08 at http://www.metrocouncil.org/about/facts/AffordableHousingFacts.pdf . Programs conflict with development ideals . Density versus long-term sustainability . Complex development -developer backs out midway • Construction/Development costs and fees . Lack of support services for Hennepin County rural communities . Lack of creative designs: Default Design vs. Innovative Designs • Community character: Down -zoning vs. Up -zoning, distinctive edges vs. assimilation . Highly Priced land value that push development costs beyond the affordable price range. B. Affordable Housing Definitions ,) "Affordable Housing Cost" for a purchaser means the monthly amount that is affordable to a low or moderate -income household. US Dept of HUD defines income as function for a family of four, affordability pays no more than 30 % of the total income at or below 80% of the area median income; (calculations below as applied to the City of Medina): Medina= $96,200 x 80% = $76, 960 x 30% = $20, 088 towards a home yearly -Estimated median household income in 2005: $96,200 (x80%=$76,960) z) "Affordable Housing Cost Participation Program" 3) "Affordable Housing Development Agreement" means a written agreement between an applicant and the local government containing specific requirements to ensure the continuing affordability of housing within the development. a) "Affordable Housing Development Plan" outlines and specifies the development's compliance with the applicable requirements. 5) "Affordable Housing Trust Fund" means the fund created by the local government. 5) "Affordable Purchase Price" means the maximum sale price a qualified purchaser may be required to pay for the affordable unit, as determined in accordance with the provisions of chapter. (calculations below as applied to the City of Medina). -Estimated median house/condo value in 2005: $358,000 (x80%= 286,400) an example of a mortgage: $286, 400 x 7.5-6.5% at 30 yrs = 2, 002.55-1, 588.00/mo 7) "Affordable Rent" means the monthly rent that is affordable to a low or very low-income household. Affordable rent shall be calculated using at or below 50% of the City of Medina Area Median Income. 8) "Affordable Workforce Housing" means households with at least on full-time worker, whose members earn incomes too low to afford market prices for homes or rents in the communities where they work. s) Acquisition & Predevelopment: Receiving help to finance the cost of acquiring land for affordable housing development and preservation ,°) "Area Median Income" The middle point of area incomes. Median income divides the income distribution range in half, one with residents having incomes above the median, and the other with residents having incomes below the median. „) "Concurrent Development" means the required inclusionary units shall be constructed concurrently with market rate units 12) "Density Bonus" means an entitlement to build a number of dwelling units in excess of that number which would otherwise be permitted under the General Plan and Zoning Code. 13) "Dwelling Unit" or unit means one room or a suite of two oor more rooms designed for, intended for, or used by one household as their principal residence, which family lives, sleeps and cooks therein, and which unit has at least one kitchen or kitchenette. ,a) "For -Sale Units" means those dwelling units developed as part of a residential or mixed -use project which the developer intends will be offered for individual sale or which could be offered for individual sale, including but not limited to detached homes, duplex units, condominiums, and cooperatives. 15) "Inclusionary Unit" means including for -sale units available at affordable housing cost, and multifamily rental units available at affordable rent. 15) "Inclusionary Housing" means the Inclusionary Housing Program provides a zoning bonus for multiple dwelling developments in return for new construction, substantial rehabilitation, or preservation of permanent affordable housing. 17) "In -Lieu Fees" means a fee paid to the City's Affordable Housing Fund to facilitate the construction of housing units for very low and low-income households. 18) "Life Cycle Housing" refers to a variety of housing options that meet people's preferences and circumstances at all life's stages, providing a balance of single-family homes, apartments, condominiums, townhomes, and senior housing for independent living or with a range of assisted -living services. 19) "Low and Very Low -Income" means those income levels determined periodically by the U.S. Department of Housing and Urban Development based on the Area Median Income levels adjusted for family size. A low-income household shall be a household earning over fifty and less than or equal to eighty percent of the Area Median Income, adjusted for family size. A very low-income household shall be a household earning less than or equal to fifty percent of the City of Medina Area Median Income adjusted for family size. 20) "Low Income Housing Tax Credits"means Low Income Housing Tax Credits are awarded annually on a competitive basis to qualified low-income housing projects. 21) "Market -Rate Unit" means a unit not restricted to an affordable housing cost or affordable rent. 22) "Mixed Use Development"means land use planned with the integration of retail, office, residential, hospitality, recreation or other revenue -generating functions. It maximizes space usage, has amenities and design to mitigate traffic and sprawl. 23) "Moderate -Income" means the income level determined periodically by the U.S. Department of Housing and Urban Development based on the City of Medina Area Median Income Levels adjusted for family size. A moderate -income household shall be a household earning over eighty and less than or equal to one hundred twenty percent of the City of Medina Area Median Income adjusted for family size. 24) "Multifamily Rental Units" means those dwelling units developed as part of a residential project which the developer intends will be offered for rent or which are customarily offered for rent. 25) "New Construction"to offer a range of low-cost financing options for new construction on privately -owned vacant and underutilized sites 26) "Notice of Intent to Sell" means the notice provided by owners of for -sale units to the City of their intent to offer their unit for sale. 27) "Owner' includes a person, persons, firm, partnership, association, joint venture, corporation, or any public or private entity or entities or the owner's agent or assignee. 28) "Qualified Purchaser" means a person or household approved for ownership of an affordable dwelling unit. 29) Rehabilitation: Offer a range of low-cost financing options for privately -owned buildings of varying size. The rehabilitations can range from systems replacement to gut rehabilitation. 30) "Residential Lot" means any parcel of land created with the intention that it will be used for the development of a dwelling unit. 31) "Residential Protect" or "Project" means any project involving the construction of two or more dwelling units at one location and requiring the issuance of a building permit, including in the aggregate all dwelling units or residential lots for which discretionary approvals have been applied for from or granted by the City. 32) Supportive Housing Loan Program Offers low-cost financing to qualified nonprofits to develop permanent affordable housing with supportive services for homeless and low-income tenants. 33) "Special Needs Housing" means housing for certain disadvantaged groups, including but not limited to, seniors, disabled, and homeless persons or families, sometimes called 'targeted housing'. 34) "Tax Incentive Programs" Tax incentive programs are for developers and future or current property owners. 35) "Traditional Neighborhood Development" means are built at a neighborhood scale or larger, focus on the pedestrian, and include a mix of land uses and housing types. The design promotes compact, interconnected streets in a grid pattern, a clearly defined center, and neighborhoods with a definable social space to foster resident interaction. 35) "Transit Oriented Development" (TODs) means moderate to high density housing along with complementaryt public uses, jobs, retail and services, are concentrated in mixed -use development with access to a regional transit system. This growth management strategy emphasizes a 'walkable environment' by implementing higher density and mixed developments that are accessible within a 5-minute walking distance to transit stops or transit station. C. Affordable Housing Program Tools 1. Inclusionary Zoning Incentives for Developers . Density Bonus Program . Density Credit . Land Dedication -Land Grants . Tax Incentive 2. Affordable Housing Programs3 a. Tax Increment Financing (TIF) . 2000 Legislature enabled cities to pool increment from any district for affordable rental housing . 10% from any type of district can by pooled . Rental housing must meet qualified housing district requirements (rent and income restricted) less any tax credits actually used . The City of Medina currently uses TIF for public infrastructure improvements. The Tax Increment Financing (TIF) District in the Uptown Hamel area assists with a wide variety of public improvements in the Uptown Hamel area, which includes a pedestrian friendly design and may attract mixed -uses or more affordable living units to the area. b. Tax Exempt Bonds- "Housing Revenue Bonds" -Tax exempt bonds can be used to fund a multi -family development . 2001 Legislature opened up bond allocation rules for new construction of rental units by private developers 3 Sid Inman. (Vice President). Ehler & Associates. . More funding and longer period in year to apply . No requirement of 75% being 2 & 3 bedrooms . Income restrictions of 20% at 50% or 40% at 60% . Income restricted units at rents at FMR . Senior units are a possibility . Can also automatically qualify for tax credits c. HUD/FHA/FNMA Insured Mortgage . Interest rate lower . Term of mortgage can go to 40 years . Current delay in credit subsidy from feds have put some programs on hold. . Tax -Exempt Bonds . Non -profits are the largest uses for housing . Requires no allocation . Cities and counties can also own rental housing and benefit from tax-exempt bonds . Rental target is often 80% to 100% median d. Metropolitan Housing Opportunities Program (MHOP or Holtman) . Capital funding up -front . Usually limited to 10% of a new development . Result of public housing lawsuit . Used as a gate for other dollars by many funding agencies e. Gap Fillers- Financial Programs that support projects when there is a lack of local money. . Metropolitan Council Livable Communities . Low income housing incentives account and LCDA . Family Housing Fund (Foundation dollars) . HOME/CDBG funds (HUD block grant dollars) . Dedicated County funds . DTED Redevelopment Grant . Tax abatement . Tax Increment Financing . Federal Home Loan Bank Board . Local fee waivers f. Section 8 (rental properties) . Can be private mortgages with 20 year term . Required 30% or less median . Section 202 is senior specific program . Met Council definition is $130,000+ . Lot cost is an important factor - MUSA issue . More Heated Policy Debates . Density and size - townhomes versus detached . Quality (operating costs/appearance) versus up -front cost . Replacement versus renovation g. Misc. Information on Programs4 . HOME- a federal Grant program to rehabilitate existing rental properties . Community Development Block Grant- Facilitates the redevelopment of distressed areas . Metropolitan Council Credit Enhancement Program* -Allows HRAs to back their bonds with the Met Council's AAA credit rating. . Employ Local HRA Levy . Low Housing Tax Credits- Offers a 10-year reduction in tax liability to owners and investors with eligible low income, new construction, rehabs. . Housing Trust Fund -Provides funds for development, construction, acquisition, preservation and rehab of low-income rental housing and home ownership . First-time homebuyer-Reduced interest for up to 80% of median, Financed through tax-exempt bonds . Affordable Rental Investment Fund* -provides funds for acquiring, rehabilitating or constructing new affordable rental housing. 4 Metropolitan Council. Livable Communities. How to open Doors to Affordable Housing. 1994. . Community Reinvestment Act (CRA) Incentive Program* -Provides set -aside of mortgage revenue bond funds (below -market interest rate first mortgage financing) to assist local lenders . Minnesota Communities Program* (MCP) -Provides cities with spot loan set -asides of mortgage revenue bond funds (below - market interest rate first mortgage financing) for specialized homeownership projects to address locally identified housing needs. . Senior market is more creative and stable . Variations on cooperatives to make housing affordable 'Indicates this funding program may be disbanded, further research needed to validate its status. D. Supportive Services5 for Affordable Housing 1. Transportation . Support reverse commuting and public transportation programs . Build near developed transportation 2. Economic Development . Target affordable housing projects near employment centers -creating mixed -use development. . Support through partnership of training/re-training opportunities 3. Political Influences- Land -Use regulations and building procedures . Promote higher -density . Affordable developments located near new employment sites or public transportation . Examine and reduce local public service requirements that unnecessarily add to the cost of housing, e.g. the width of streets, sidewalk requirements, sizing requirements for sewer and water connections, or municipally -installed utilities. . Commitment to examine and change local official controls that may contribute to the cost of housing development, ie., wetland protection requirements that exceed the minimums prescribed by the state; PUD requirements that decrease the actual buildable land area and density of development. . Implement reduced fees policy in affordable units construction 4. Public Awareness Education Program a) Adopt an acronym. To market a "label" that invokes an understanding and acceptance to the ideals of Affordable/Inclusionary Housing: -Choices in Housing, Inclusion for People (CHIP) -Medina's Housing Opportunity Program (HOP) -Expanding Housing Choices for the Workforce (EHCW) b) Awareness Building 1. A reminder to the public that workforce housing includes housing choices for city employees, educators, daycare providers, school administrators, service and industrial workers, emergency personnel and many other occupations who make up the building blocks of our communities. 2. Building an awareness of the service and industrial orientated population being pushed out of the communities in which they serve. 3. Losing this population's craftsmanship, skills, and certain character qualities that support the fabric of the community. 4. Instilling a consciousness of the people who forfeit working a second job due to their commitment to volunteer in our schools, caring for our neighbors' children and other volunteer services. c) Acknowledge the cost dilemma of excessive transportation. 1.One dilemma of suburban living is the spatial mismatch of residential space and work space environments. 2. There are real transportation costs connected with the equivalency of the commute time. These costs can be categorized in mechanical, operational, social, and community loss. The community can experience a loss in the inability of the commuters to participate in community affairs leaving a void or loss of volunteers and community builders. 3. The considerations of the need for "Reverse Commuters" have not been fully implemented except in routes that experience high volumes of ridership. Concentrated areas of riders can increase the likelihood of serving the "Reverse Commuters". d) First -Time Homeowners' Education Classes 5 Metropolitan Council. Livable Communities. How to open Doors to Affordable Housing. 1994. "The remedy is to stop casting density as the villain and start dealing with affordable housing development and preservation of community character as compatible parts of the same agenda. We need to show communities that we can do both, i6 II. Smart Growth Principles to Encourage Sustainability A. Elements? 1. Mix land uses 2. Compact building design 3. Walkable and healthy neighborhoods 4. Attractive communities to encourage a sense of place -culture and heritage 5. Preserve open space, farmlands, natural beauty, and critical environmental areas. 6. Strengthen and direct development towards existing infrastructure and communities 7. Provide for a variety of transportation 8. Encourage community and stakeholder collaboration in development decisions B. Policies$ 1. Mix land uses-Live/work environment a) Analyze the current distribution of housing and employers within the community b) Density bonuses, increased residential zoning, joint development around transit, and affordable housing tax credits, to stimulate housing construction. (p3) c) Large residential density can encourage businesses to locate within Medina d) The use of parallel codes make it legal to develop innovative projects by right while still allowing developers to use conventional codes if they choose. It is a means reducing time in zoning changes and allows for small scale testing if desired. (p3) See Appendix Model Ordinances for Sustainable Development.9 (p15) 2. Compact Building Design a) Adopt a Cottage Housing Development (CHD) 19 which adopt a time-honored housing type and is applicable to Life Cycle housing (p13). The units provide variety and good human scaling to pedestrian friendly environments. b) Reduce lot sizes c) Compact designs create a more secure neighborhood, crime prevention through environmental design 11 d) Ensure big box businesses to scale to immediate environment e) Plan for a transit area with "Bull's Eye" zoning12 3. Walk -able and healthy neighborhoods 4. Attractive communities to encourage a sense of place -culture and heritage 5. Preserve open space„ farmlands, natural beauty, and critical environmental areas. 6. Strengthen and direct development towards existing infrastructure and communities a) Conduct place audit to determine the least costly place of development and/or expansion 7. Provide for a variety of transportation 8. Encourage community and stakeholder collaboration in development decisions C. Reasons for projective growth planning including Affordable Housing 1. Increase tax base without upsetting the quality of life in Medina 2. Seeking an attractive employee population to future employers 3. Properly managing traffic/cycle/pedestrian patterns 4. Providing more choices and conveniences for the Medina residents 5. Reinforce the culture and sense of community within new developments D. Strategies for growth management 1. Targeted Area Development 2. Zoning for revitalization of commercial and residential 3. Build to close proximity of existing infrastructure. Maximize efficiency of the existing infrastructure. 4. Create walk -able communities with access to conveniences such as grocery store, drug store, video store, exercise clubs, and churches. Newman Institute Affordable Housing Conference, 10/21/05 retrieved 01/08/2008 at http://www.pubadvocate.nvc.gov/news/AffordableHousingSpeech 7 Smart Growth Network. This is Smart Growth. Smartgrowth.org 8 Smart Growth Network. Getting to Smart Growth. 9 Smart Growth Online. http://www.mnplan.state.mn.us/pdf/2000/eqb/ModelOrdWhole.pdf f° Smart Growth Network. Getting to Smart Growth II. Smart Growth Network. Getting to Smart Growth II. 12 Smart Growth Network. Getting to Smart Growth II. III. Minnesota's Metropolitan Council's Livable Communities Act A. Medina is an active member of the MCLCA. • Medina passed a resolution to participate in Metropolitan Council's Livable Communities Act in1995. With set goals of 123 units, these goals sunset in 2010. The 2011-2020 Affordable Housing Goal for Medina is 384 new units based on the current and projected growth. • Between the years of 1986-2006, the city of Medina has produced 0 affordable rental units and 10 affordable ownership units (out of 468 ownership units developed), According to the 1996-2006 Livable Communities Survey by Metropolitan Council. • A city's activity can range from the construction of affordable units, new industry, expansion of existing industry within its city limits to support of county and regional affordable housing activity. Investing in the Affordable and Life -Cycle Housing Opportunity Amount (ALHOA) represents the minimum amount of local discretionary expenditures or contributions towards the overall county formula. • The ALHOA account is a required contribution of local resources to the County's affordable housing objectives. Communities must expend or contribute at least 85% of their annual ALHOA obligations, with some flexibility. • Valid participation includes contribution through a percent of city taxes or the percent of HRA financial support to support the LCA program. • Inactivity comes when the city declares to Met Council that it no longer elects to participate in the LCA program. The city is no longer eligible for LCA nor DEED site clean-up grants B. LCA has three programs: • TBRA- Site cleanup/assessment of pollutants, assists in new/expansion of industrial development, equip industries, brownfield cleanups, requirement of new infrastructure, and improved environment with the outcome of increase tax base. • LCDA-Funds mixed use developments and assist with efficiency of the regional infrastructure. • LHIA-To create and preserve affordable housing, assists with refurbishing homes for the revitalization of a neighborhood/region. C. Grant Application • Municipalities are eligible for grant programs when housing goals are negotiated, yearly participation and reporting of ALHOA activity or the LCA Activity annual report, • Points are granted on the outcome of the project: -Growth accommodation; preservation or expansion on living wage jobs and affordable housing, -Transportation & Multi -modal availability/accessibility (one half mile or less), -Conserve vital natural resources; clean up of polluted land, reuse, and creating green space, -Elimination of barriers, -Enhancing the tax base, -Accessibility to open space and services, -Walk-ability, - A "Housing Action Plan" that identifies the steps a city intends to take to move towards its long range goals within the context of its Comprehensive Plan. Stating local controls, usage of resources and the partnering of private markets. • Keep in mind the expansion of housing choices for the 60-80% AMI with transportation accessibility is the benchmarks of the application. D. Suggestions from the LCA Panel 1. Work with Dial A Ride to create a circular route 2.CURA and MLC for code research 3. Minnesota Green Community for financial support for Green projects 4. DEED for the assistance for the support of increasing the city's tax base. 5.West Hennepin Land trust for the services of supporting affordable homeownership 6. Family Housing Fund for the designing and planning of green communities (Angie). 7. Have the city's employers identify the need of employee housing for the sake of retention. IV. Overview of Current Housing Data in the City Of Medina A. Current Housing Objectives written in the City of Medina 2030 Comprehensive Plan "The plan identifies goals and strategies, policies and standards for growth and development that preserve the rural character, open spaces and natural resources that make Medina a unique place. The Plan sets forth the intentions of allowing reasonable commercial development along the Trunk Highway 55 corridor and preservation of the small town and rural character of the Uptown Hamel area. The plan allows for higher density residential development within the portion of the City that will ultimately be served by municipal services.13 2030 Comprehensive Plan's Neighborhood Pattern and Housing Goals: 1) Provide a diversity of housing at a range of values to support a sustainable community, 2) Promote increase density along the development corridor including compact, walk -able neighborhoods in proximity to Uptown Hamel." (Comp Plan 2030, p2-1) 1. Housing Objectives "Plan neighborhoods using innovative design techniques to ensure a high quality of life for residents. A diversity of housing will exist to support and promote the livability of the community. Neighborhoods will be planned in proximity to Uptown Hamel, Loretto and other urban areas as they develop and will provide walk -able, pedestrian friendly accessibility. Development will be focused along the TH 55 growth corridor where more dense residential areas and businesses will be located." (Comp Plan 2030, p2-3) 1. Provide housing that will maintain the rural character of Medina's rural residential areas. 2. Preserve and protect single family housing and the neighborhoods in which they are located; encourage rehabilitation where necessary; require platting and design of new housing to be high quality and consistent with the Comprehensive Plan; and encourage conservation design in new housing stock. 3. Promote high quality multi -family development in appropriately zoned areas. 4. Encourage construction of senior citizen housing in and around Medina's Uptown Hamel Area. 5. Establish new and existing housing design standards which will: (a) require quality building and site design; (b) provide for recreation; (c) require open space and trails including links to adjacent neighborhoods; (d) respect and protect the natural environment, especially the lakes, wetlands, steep slopes, and the woodlands. 6. Require lots in new subdivisions to have frontage roads allowing for direct access on a local street and not on a county road or a state highway. 7. Allow the use of conservation subdivision design to preserve rural character, preserve ecologically significant natural resources and retain open space. 8. Require new urban residential development to be consistent with the City's Growth Strategy. 2. Historically 9. The City has added 169 multi -family units from 2000-2005. Multi -family housing increased 5% in 2000 to 13% in 2005; which, reflects the overall regional growth in multi -family housing market. These units, however are not considered Affordable Housing. 10. The City has added 293 single family units from 2000-2005. These units do include 10 units of Affordable Housing with Gramercy. 11. The majority of the residential growth has occurred on sewered lots at suburban densities in the Gramercy, Medina Highlands, Bridgewater, Keller estates, and Wild Meadows developments. 12. Economic growth has occurred from expansion of existing businesses as well as new employers into the City, including to Target retail and Polaris corporate headquarters. 13. The aging population of Medina is projected to increase, an 87-unit senior cooperative facility built in the City reflects that trend. These units do include 10 units of Affordable Housing with Gramercy. 14. Economic Development Tools. TIF in 2004. A. Current Housing Statistics in the City of Medina The table 4-A indicates that in 2000, 92% of the housing units in Medina were owner -occupied and 8% were renter -occupied. Owner -occupied housing units Renter -occupied housing units TABLE 4-A Housing Tenanc Y amber of Units 1,225 108 91.9 8.1 Total units T, 00 Source: U.S. Census Bureau, Census 2000 13 City of Medina 2020 Comprehensive Plan. Section 1-1. The table 4-b indicates that in 2000, there were a total of 1,333 housing units consisting of 1,263 single family homes and 65 multi -family units (duplexes, townhomes and apartments) and 5 mobile homes according to US. Census Bureau. TABLE 4-A Tvoes of Housing Units Housing Type Number Percent Single Family (1 unit) 1,263 94.7 Duplexes (2 units) 30 2.3 3 or 4 units 17 1.3 5 or more units 18 1.4 Mobile homes 5 0.3 Total Housing Units 1,333 100 The table below shows that 17.6 percent of the housing stock in the City was built between 2000 and 2005. Approximately 40% of the City's housing stock in the City was built before 1980. TABLE 4-C Housing Age Total Units Percent 2000 to 2005 299 17.6 1900 to 1999 364 21.4 1980 to 1989 332 19.9 1970 to 1979 245 14.4 1960 to 1969 242 14.2 1950 to 1959 83 4.8 1949 or earlier 132 7.7 Total Units 1,795 100 Source: Hennepin County Parcel Data, October 2006 The cost of housing in Medina varies depending on location within the City. The housing values range from $90,000 for older homes in the rural areas on small lots, small houses without lake access in the Lake Independence neighborhood and homes in the Uptown Hamel neighborhood to over $2,000,000 for homes on large parcels. The table below indicates that in 2000 23.4% of the housing units were valued at $500,000 or more. TABLE 4-D Housing Values of Owner Occupied Units Total Percent Less than $50,000 $50,000 to $99,999 ........__.........._ . $100,000 to $149,999 $150,000 to $199,999 $200,000 to $299,999 $300,000 to $499,999 ........ _....__.._..._................. $500,000 to $999,999 $1,000,000 or more 0 0 50 5.1 179 18.3 181 26 18.5 2.7 Total Owner -Occupied Units 979 100 Source: US Census Bureau, Census 2000 References Alliance For Metropolitan Stability. Community Benefits Agreement. Accessed on 5/08/08 at http://www.rnetrostability.org/programs/ City of Medina, 2030 Comprehensive Plan. Corporation for Supportive Housing. (2007). CSH Financing Supportive Housing Guide. Retrieved on 01/27/2008 at http://www.csh.org/ http://www.practitionerresou rces.orglcache/documents/657/65721.pdf Corporation for Supportive Housing. (2007). CSH Financing Supportive Housing Guide. Retrieved on 01/27/2008 at http://documents.csh.org/documents/ResourceCenter/FinancingGuide/Capital IntroFINAL.pdf Corridor Housing Initiative. (November 2005). Educational Materials. Retrieved on 01/21/2008 at http://www.housinginitiative.org/ppt.html Family Housing Fund. Accessed on 01/21/2008 at http://www.fhfund.org/affordable housing.asp Greater Minnesota Housing Fund. Community Planning -Technical Assistance Programs & Resources. Accessed on 01/27/2008 at http://www.gmhf.com/lending/programs.htm Housing Link. Inventory of Assisted Rental Housing. Accessed on 01/27/2008 at http://www.housinglink.orq/inventory/ Inman, Sid. Vice President of Ehlers & Associates. Financing Affordable Rental and Owner Occupied Housing: An Overview of Options. Retrieved on 1/8/2008 at Met Council. Affordable Housing. Retrieved 1/07/2008 at http://www.metrocouncil.org/about/facts/AffordableHousingFacts.pdf Met Council. Affordable Housing: Making It A Reality. Accessed on 01/09/2008 at http:l/www.metrocouncil.orq/planning/housing/housingreport2002. pdf. Met Council. Grant Applications and Resources. Retrieved 1/07/2008 at http://www.metrocouncil.orq/grants/lcda/DevGrants96-06.pdf Met Council. Grant Applications and Resources. Retrieved 1/07/2008 at http://www.metrocouncil.org/grants/Ihia/LHIAgrants96-06.pdf Met Council. Grant Applications and Resources. Retrieved 1/07/2008 at http://www.metrocouncil.orq/grants/tbra/TBRAgrants96-06.pdf Municipal Research and Services Center of Washington. Funding Resources for Housing. Accessed on 01/27/2008 at http://www.mrsc.orq/Subjects/Housing/funding.aspx National Affordable Housing Training Institute (NAHTI). Accessed on 01/28/2008 at http://www.mrsc.org/Subjects/Housing/funding.aspx. National Association of Housing and Redevelopment Officials (NAHRO). Programs and policies Index: Housing and Community Development Policy Statement. (01/04). Accessed on 1/28/2008 at http://www.nahro.orq/index.cfm. National Association of Local Housing Financing Agencies (NALHFA). Housing That Means Freedom (08/2006). Accessed on 1/29/2008 at http://www.nalhfa.oral. National Low Income Housing Coalition. Updates on National Affordable Housing Trust Fund. Accessed on 1/31/08 at http://www.nlihc.org/template/index.cfm. PolicyLink.Equitable Development Toolkit: Inclusionary Zoning. Accessed on 1/29/2008 at http:l/www.policylink.org/EDTK/IZ/Why.html Regulatory Barriers Clearinghouse (RBC). Solutions That Support Affordable Housing. Accessed on 1/29/2008 at http:/lwww.huduser.org/rbc/ Smart Growth Network. (2006). This Is Smart Growth. Retrieved on 01/27/2008 at www.smartgrowth.orq. U.S. Department of Housing and Urban Development (HUD). (2007). Faith -Based & Community Initiatives: Funding. Accessed on 1/15/2008 at http://www.hud.govloffices/fbci/fundopps.cfm. APPENDIX I An Affordability Table from the Family Housing Fund at TCHousing Policy. Household #1 Household #2 Household #3 Household #4 Household #5 Household Profile New Teacher, Single w/ 1 Licensed Practical Nurse, single, w/3 Teacher and Spouse, w/2 Cashier & Bus Driver, w/2 Welder & Data Entry, w/3 Household Income $27,000 $2,250/mo. $35,000 $2,917/mo. $42,212 $3,518/mo. $48,485 $4,040/mo. $61,110 $5,093/mo. Income Category Extremely Low Very Low Very Low Low Moderate Income % of $76,700 39% 46% 59% 63% 80% Household Affordability (30% of Income) $675 $805 $1,095 $1,212 $1,528 Household Actual Rent 2 BR $912 3 BR $1,233 3 BR $1,233 3 BR $1,233 3 BR $1,233 Difference of Affordability and Rent ($237) ($358) ($178) ($21) $295 % of Monthly income on Household expenses 41 % 42% 39% 31 % 24% APPENDIX II Photo Collection of Affordable Housing Projects in the metro Area http://www.housinqinitiative.orq/pdfs/Affordablec/020Housinq/CHI2 afford suburbs 100306.pdfhttp://www.housinqinitiative.orq/pdfs/Affordabl e%20Housing/CHI2 afford ‘suburbs 100306.pdf Vaitey Spare . s, Gal eord'abt.., baset. fon 4,,,ccerm' Fey 4N11.44.0. „ Arbor La ,-e rvtain Street, Maple Grove The reality of affettable lovangi today Mal It neel mt—ancl often toes liffereit from rnetet rate twang. 4 well dee/Int:4i, afrartable, Mang cart be Intewated tito any tornruilly. -relaVe hcitteMg, U1111 "::rti. 7:t segregatet.„ but are a component of develLpr: e-its soft as 'nese that H Greenway,tin apais , provide tioutin and amenities far restaants wit a hi 1.3%, alt,r,:m....t4e. 4*C% MM I Iz Of ncomes. Corridor Housing Intiative at http://www.housinginitiative.orq/posters.html Actual poster at http://www.housinqinitiative.orq/pdfs/Affordable%20Housing/CHI2 afford suburbs 100306.pdf 4 1 . 4 a t l i l i C t i , t - g f 1 k 4 i k t t r * * * * t i , r o o t w o w . 0 0 i n w e i * * I e x t * s e % M t L o a t i t , x 1 M a p , 5 , 1 , 0 1 , , , e * T " . . g A k , E : g 4 V 1 L a i s e V 1 4 . r 0 G f m * ! d m M 3 a W i t n r i g o t & O w l t t t . . t o e ' 3 [ 1 , T e r . 1 , e 4 . * 1 . . 6 4 4 4 . Y . . . , A v e b o t i A * . K t . Y 1 C r i P l e d ' : R i t h r e t d 4 6 . 0 1 , 1 t o E i i e r l i k 4 * t C f i A . A 1 * v i W N H Y I i M K b ' t d - t o c e t a n d n o n - p o o t a d i s s e t t p o r s t u d t t h e ' d o w e l e d t e t e T h e y e m p l o y e d a v a d e V c d t o s c h i e e e a l l a d t t d d l y , d e l u d i n g p e t z t o " d e g , C u o v o i d s , W i e r d e l e t e s , a n d h i t m a t e r o t s a n d t o e f l o d t , k l y s e c r e t e : d e t o o s n a t o d a y i s t h a t d n e r d * e o n d o e s n o t l o o k d I S s r e o f I t e m m a r k e t o u t i n g . I I w o e d e e m e d , a l t a d a d i e P a u s i n g . c a n * * W e i l b l b a n y C e t r e i U r l i t y b o r e t t e n t c f y , v t g u n i t s t e e r o d e t t g r e g s t S d , N A a r e a c e d t r i o d e r o l o g n e n t s t h a t F r o * I s ' t r o a t i . ' - g e t d s r e t W e n t t v i a l a r i d e t i n n o n i e s , . 1 1 . n . 1 1 6 1 , 1 1 , . 4 - . 4 a p o r c . . . . . . . . . 1 . 1 1 0 . 6 . . . . . 4 , 1 0 . . . . 1 l o r t e , r . i i i p k i t a t * * . g o i . a k o c i i * A A f f o r d a b l e H o u s i n g i n t h e S u b u r b s M E T R O P O L I T A N D e s i g n C e n t e r APPENDIX IV New Design Trends for Affordable Units Types Notes Examples New Trends Single family (4? s Duptex Four -pie)! / Big house 7•1 Side -attached rowhouse Stacked rowhouse LOW -me apartment Mid- to High-rise Apartment / Commercial "4-,:ex7feC lif lo 1-3 flans I 4ntIbs-50tng Itnneapolis zonkory. RI, Rt., a- 57 Macre 1-31looss 2 unftstuSdlr.g SePeneapolts zoning R2 1C-24 cluacre 2-3 boons 3.5 ureslunIdrtg F.Ilmeaposs Mr; R3, R4 12-35 ardacre 1-3 /loons 4-12 um/Moat:Mg %Weapons twang: R3, R4 25-45 okaacre 3-4 tears 6-.24 unIts,Itnallog lateleapalls nanesg: 16-90 dulaOre 2-4 floors 4-4e unasMuldIng lanneapolls zoning: R4, RE 26-200 *Same 5-50+ toms unnstollellng taInneapalle =ring: Rt 2544 Mama* 2,-5 floors 24-102 miltsaavildlog tkinoeapclis zonIng: C 1 ORI-3 *wad trl, 4.i, Ott. to, Vv.,. 6:11.1*aiott r••••.. 4.•••,, defitt*** , At, 44. ,7 • NeY• rrhifLaCC.Ired For cietacneo rousing Is Ceing con - sauced Rani tradtona4 feaames such as fnon!porcles • Marra* tots and snared 615e lots oanliOute to efbelaUlay trovuglr ra Card use. -?-1A nrOOMMI,O,"' • %foal new *Massa Katt* el21 are Ode -CI -We, rater loan are uspeolown um% Mat rare C04111910,1 11 APTMe2ACri' ',Wenn past • The b13 110.14e contabt map* ants %INN a WON tInan Ps an tmoalsol fc appear ricra ate a Ng reuse tnar a r4Vannify hokenng • The sale-allacned rofitotme ti a houtIng type that W35 non COMIKI•11 sAlroleapoes' past hit Is growing papusanty. • The Emceed roono4se Is a vala- Von on 11,e rownouse Van tfOcall carotenes nnuelitraar roe/louses kntn singes -loan apalm erns or osnoomirOurtis., • StaCte6 PU•TIG‘IE•eS may *pea" as aya-nise apartmer Is or as One- araonea TOW N'Al6e6.. • MO:St newly conSIMMen b4-O4s. apartment trutIstolge teve more urts Man the typo -a: alder CIA,-,tv.= vartnert OtAleeng • I -oil -sty* apart:oar:1s ri;2,7 Celitrigg ar4•29e7114,or pars ore a current frenO M ma- and Up- rise Oanclrogs, • Developments Ina: ralX apart - mar% wan C•C•MRIE•=31 USE% are ratans"; to pconearrty arq Increasing PI water, Coto in CI010110.11, and co the NAV- tornoods 1.016,36illi .41 .0,4, et 6» ..difoni. talthttots6He HZ MafiiJa4f 0.14•46opeg. S.A.} 7.0.•4•••• ETROPOLITA DesignCent http://www.housinginitiative.org/pdfs/Housing%20Types/housing_types_MDC.pdf APPENDIX V Inclusionary Zoning Practices From PolicyLink Examples of Cost -Offsets Utilized by Jurisdictions with Inclusionary Zoning Type of What It Does and Why It Helps Developers Cost -offsets ;Density bonus Allows developers to build at a greater density than residential are equivalent to the required set aside percentage. For 'zones typically permit. This allows developers to build ladditional market -rate units without having to acquire more hand. Example ;Allows developers to build smaller or differently configured Unit size reduction !inclusionary units, relative to market rate units, reducing construction and land costs. :Relaxed Parking ;Requirements Design Flexibility Fee waivers or ;reductions Fee deferrals f Fast Track ;permitting Allows parking space efficiency in higher density developments with underground or structured parking: reducing the number or size of spaces, or allowing tandem parking. Grants flexibility in design guidelines -such as reduced setbacks from the street or property line, or waived minimum Ilot size requirement -utilizing land more efficiently. Reduces costs by waiving the impact and/or permit fees that support infrastructure development and municipal services. A jurisdiction must budget for this, since it will mean a loss of !revenue. i Most jurisdictions offer density bonuses. Typically they example, Santa Fe , which varies its set -aside from 11 to 16 percent depending on the character of the market -rate s units, matches its density bonus accordingly. Many programs allow unit size reduction while establishing minimum sizes. Burlington, Vermont, requires that inclusionary units be no smaller than 750 sqft. (1-bedroom), 1,000 sqft. (2- bedroom), 1,100 (3-bedroom) or 1,250 sqft. (4-bedroom). Denver, Colorado, waives 10 required parking spaces for each additional affordable unit, up to a total of 20 percent of the original parking requirement. !Boston, Massachusetts , grants inclusionary housing :projects greater floor -to -area ratio allowances. Sacramento, California , permits modifications of road :width, lot coverage, and minimum lot size in relation to ;design and infrastructure needs. ;Longmont, California, waives up to 14 fees if more :affordable units (or units at deeper levels of affordability) !are provided. Average fees waived are $3,250 per single family home, $2,283 per apartment unit. Allows delayed payment of impact and/or permit fees. One approach allows developers to pay fees upon receipt of certificate of occupancy, rather than upon application for a building permit, reducing carrying costs. Streamlines the permitting process for development projects, reducing developers' carrying costs (e.g., interest payments on predevelopment loans and other land and property taxes). `San Diego , California , allows deferral of Development Impact Fees and Facility Benefit Assessments. Sacramento, California, expedites the permitting of ;inclusionary zoning projects to 90 days from the usual time frame of 9-12 months. The City estimates an average savings of $250,000 per project. The Set -aside. Inclusionary zoning programs require that a specific percentage of units be earmarked as affordable. The percentage can vary but is typically in the range of 10-25 percent. Some jurisdictions have set -asides that vary based on the incomes targeted. In California redevelopment areas, for example, six percent of units must serve very -low-income households, three percent low income, and six percent moderate income. Because the size of the set -aside percentage impacts the affordability costs born by developers, the set -aside percentage should be considered together with other program parameters, such as the income target. Project Trigger. The trigger determines what size developments are subject to inclusionary requirements (e.g., 5, 10, 20 unit buildings). Some jurisdictions apply inclusionary zoning policies to all new developments within the community, requiring that larger developments provide units while smaller ones pay a fee in -lieu of construction. Income Targets. There are two ways in which an IZ policy ultimately achieves affordable housing. First, the policy defines the income target(s) at which the developer must produce housing. Second, some jurisdictions identify the programs that will allow the municipality to subsidize those units to reach even deeper affordability needs. Montgomery County , for example, asks developers to produce units at 65 percent of AMI and then authorizes its housing authority to purchase up to a third of those units to serve even lower -income families. Appendix VI Letter from MN Housing Finance Agency February 17, 2006 Mr Chad Adams Administrator City Of Medina 2052 County Road 24 Medina, MN 55340-9790 Dear Mr Adams, In collaboration with the Minnesota Housing Finance Agency and its affordable housing expertise and with representatives for local government, the Metropolitan Council developed a methodology which was used to determine affordable housing needs for the region and for each of the region's sewered communities. Your community's share of the regional affordable housing need for the decade 2011 to 2020 is forecasted to be 384 new affordable units. Fora more detailed explanation of how affordable housing was determined, please see the January 2006 report of an advisory panel, "Determining Affordable Housing Need in the Twin Cities 2011 — 2020" at http://metrocouncil.org/planning/housing/AffHousingNeedJan06.pd£ The Metropolitan Council developed this housing needs data in response to State law (§473.859) to provide you with the information your community should use in the comprehensive plan update process. See Section 3 of the Local Planning Handbook for more housing details and information about Comprehensive Plan requirements at http://www.metrocouncil.org/planning/LPH/handbook.htm. A paper copy will be sent upon request. Questions about housing planning should be directed to Linda Milashius at 651-602-1541 or your Sector Representative. Sincerely, Guy Peterson, Director Housing and Livable Communities Appendix VII Example of Inclusion Zoning/ Density Bonus Zoning for "Lifecycle" Housing Likely target areas are in downtown developments in HDSF zoning districts. 1. Definition Lifecycle dwelling: A type of dwelling which is designated so that the rent or purchase price is affordable by a family whose income is no more than 80% of the "average median income" for families in the Atlanta metropolitan statistical area, as established by the U.S. Department of Housing and Urban Development. Such designation shall be permanent through the use of deed restrictions, project agreements or other effective means. 2. C-2 General Commercial and C-3 Heavy Commercial districts Density bonus for Lifecycle dwellings in C-2 and C-3 Commercial districts. The maximum number of dwellings permitted in the C-2 and C-3 zoning districts may be increased by 20% for multiple -family residential or multiple -use developments if 20% of all dwellings in the development are permanently designated as lifecycle dwellings. Note: Zoning ordinance permits multiple family and townhouse residential developments in all commercial zoning districts after a public hearing by the Planning Commission and approval of the City Commission. Downtown multiple dwelling in C-2 district: Permitted density: Total area (sf) = No. of dwelling permitted 620 sf 43,560 sf = 70 dwellings 620 sf Incentive density. The following density is permitted if 20% of all dwellings are permanently designated as lifecycle dwellings: 43,560 sf = 84 dwellings Total area (sf) = No. of dwelling permitted 515 sf 515 sf RMH development in a C-2 or C-3 district: Permitted density: Total area (sf) = No. of dwelling permitted 1,000 sf 43,560 sf = 43 dwellings 1,000 sf Incentive density. The following density is permitted if 20% of all dwellings are permanently designated as lifecycle dwellings: Total area (sf) = No. of dwelling permitted 43,560 sf = 52 dwellings 835 sf 835 sf 3. HDSF — High Density Single -Family Residential zoning in C-2, C-3 or HDSF district: Allowable densities. Minimum total area of 1 acre. Option A - Mandatory requirement. 20% of all dwellings (minimum of 3 dwellings per acre) shall be permanently designated as lifecycle dwellings. Total area (sf) less 10 % = No. of dwelling permitted 2,500 sf Option B — Incentive method. Allowable density: Total area (sf) less 10 % = No. of dwelling permitted 3,100 sf 43,560 sf — 4,356 sf = 15 dwellings 2,500 sf 43,560 sf — 4,356 sf = 12 dwellings 3,100 sf Incentive density: The following density is permitted if 20% of all dwellings are permanently designated as lifecycle dwellings. Total area (sf) less 10 % = No. of dwelling permitted 43,560 sf — 4,356 sf = 15 dwellings 2,500 sf 2,500 s