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Home My Public Portal About01-12-2010MEDINA PLANNING COMMISSION AGENDA TUESDAY, JANUARY 12, 2010 7:00 P.M. CITY HALL (2052 County Road 24) 1. Ca11 to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of November 10, 2009 Planning Commission minutes 6. Public Hearing — Three Rivers Park District - Baker Near -Wilderness Settlement - 4001 County Road 24 (PID #20-118-23-21-0003) — Conditional Use Permit Amendment to construct an office building. 7. Public Hearing — Public Hearing — Ordinance Amendment — Chapter 8, Section 835 of the City Code regarding the Rural Commercial Holding zoning district and regulations for property which have been identified for commercial or business development in the 2010-2030 Comprehensive Plan but for which sewer and water infrastructure will not be available until a future date. 8. City Council Meeting Schedule 9. Election of 2010 Planning Commission Chair 10.Election of 2010 Planning Commission Vice Chair 1.1.Adjourn POSTED IN CITY HALL JANUARY 5, 2010 Updated January 8, 2010 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: January 8, 2010 MEETING: January 12, 2010 Planning Commission SUBJ: 2010 Administrative Items 2010 Elections for Chair and Vice Chair The Planning Commission will elect its Chair and Vice Chair for 2010 at next week's meeting, as is required within the Planning Commission Staff is recommending holding the election at the end of the meeting since there are two Public Hearings scheduled. If the Planning Commission disagrees with this approach, feel free to move to amend the Agenda when the meeting is called to order. If anyone has nominations prior to the meeting, please email them to me at dusty.finke u,ci.medina.mn.us There will be time at the meeting to nominate people as well. Staff will coordinate the election on Tuesday evening Updated Zoning Code Books The City adopted many amendments to Chapter 8 of the City Code (Zoning Regulations) over the past year. If any Commissioners have an old Code Book that you would like updated, please bring it to the January 12 meeting. Staff will update the relevant sections and return it to you for the February meeting. 2010 Administrative Items Page 1 of 1 January 12, 2010 (Officer Elections, New Code Books) Planning Commission Meeting Agenda Item: 3 PC Update: January 2010 from Liz Weir The Council: - heard a report from Mark Schiffman of Embrace Open Space on the economic benefits of planning open space into city development; gave approval to Open Systems International to access the Minneapolis Economic Development Common Bond Fund program in order to help the growing software company relocate to Medina. OSI produces energy related software and is expanding into Medina. The Common Bond Fund is available at no cost to the City. denied a driveway width waiver to a resident, whose builder constructed his driveway eight feet wider than city code and his lot plans allow; approved a resolution formally adopting Medina's 2030 Comprehensive Plan; supported a grant application for a Minnesota Board of Water and Soil Resources Clean Water Fund Grant to re -meander a creek and enlarge a wetland that are common to Loretto and to Medina; approved City Financial Management Policies; allowed a payment plan to help residents to make payments on outstanding deferred assessment balances owed to the city; heard a report from County Sheriff Rich Stanek, who reported lower violent crime rates in the county and thanked Medina Police Chief Ed Belland for his department's excellent work with the West Metro Drug Task Force; heard public comment on a 1 percent proposed 1010 tax levy increase and approved the increase. The levy includes interest on lease purchase bonds for equipment that were approved last year to make a total of a 1.15 levy increase; approved a revised Environmental Fund purpose statement that directs expenditure more directly to support environmental issues than before; took comment from the public and discussed the proposed new public works facility that has been researched and discussed for seven years. The present building is undersized, does not meet OSHA standards for safety and air quality and requires off-season, expensive equipment to be stored outside. Ehlers Consultants presented possible interest rate impacts from a Capital Improvement Bond to fund the proposed $6.5 million building over 20 years. Council remains cautious moving forward with this plan, but directed staff to continue pursuing the purchase of land from Hennepin County on their Public Works site for the future facility, and to look into the feasibility of adding on to and remodeling the present public works building. Council also directed staff to prepare a draft RFP for architectural and project management services; heard a presentation from the Hamel and Loretto fire chiefs, regarding their ongoing progress towards a possible merging the two fire departments; approved a one year Fire Contract Agreement with Corcoran and the Hamel Fire Department for fire protection; approved the appointment of John Gleason, a part-time snow plough driver to replace the fulltime position of Bob Dressel, who retired after 34 years of service to Medina; reviewed the Mixed Use ordinance and directed consultants NAC included: 1. increase height to three stories for residential above commercial; 2. increase the allowed size of nursing homes etc. as a conditional use; 3. allow residential facilities serving six or fewer clients as a permitted use in singe family residential areas in order to be consistent with state statutes; 4. change the term "bonus density" to "additional density" that allows densities beyond five residential units per acre and up seven units per acre; 5. make external building materials for institutional uses in the MU District conform to other commercial use materials; 6. add a Places of Assembly section so that religious institutions are not given preferential treatment; 7. increase to a maximum 60,000 sq. ft. for warehousing, wholesaling and distributors as a conditional use. The Council approved the amended MU District ordinance at the January 5th meeting; granted a wetland setback variance for a small property in the Rural Residential that is surrounded by wetlands and has a failing system; approved a uniform design for park signs throughout the city; approved a $100,000 grant from the Hennepin Youth Sports Program initiative to help fund the completion of the Field House in Hamel legion Park; - denied a resident's appeal to allow two, 4' X 4' already -constructed, stone monuments to stay in the City Right of Way of a public street; supported a DNR Community Conservation Assistance grant application to help prepare a Conservation Design/Open Space ordinance; - approved Kent Williams, Kathleen Martin and John Anderson to the Planning Commission. MEMORANDUM TO: Mayor Crosby and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Adams DATE: December 30, 2009 SUBJ: Planning Department Updates for January 5, 2010 City Council Meeting Planning staff has kept very busy over the past few weeks. The City has received six land use applications for review within the past month, which is more than the previous 14 months combined. Staff has also continued discussion with two other property owners regarding applications which may be submitted (lot combination, amended site plan review) Ordinance Updates A) Mixed Use Zoning Regulations — staff and consultants from NAC held an Open House on September 29, and NAC prepared the ordinance for a Public Hearing at the October 13 and November 10 Planning Commission meetings. The Planning Commission recommended approval of the ordinance with some changes. The ordinance was presented to the City Council for review on December 1 and is on the consent agenda for January 5, 2010. B) Private Recreation Zoning District — staff believes that this ordinance is not essential for the City's zoning ordinances to be consistent with the new Comp Plan. As a result, staff is recommending that this ordinance be placed lower in the priority list. C) Future Commercial Holding District — staff believes the next zoning ordinance to consider is a "holding district" for properties which have been identified for future commercial or business development, but would not be allowed to develop under the new Staging Plan. Staff intends to present a draft of this ordinance to the Planning Commission in January. Land Use Application Reviews A) Septic System Wetland Setback Variance — 1255 Medina Road —The City Council reviewed the request at the December 15 meeting and directed staff to prepare a resolution of approval. The resolution will appear on the January 5 Council agenda. B) Appeal of Administrative Decision — 2590 Keller Road — the property owner and contractor have appeals staff's denial of a permit to construct two 4'x4' monuments within the City right-of-way adjacent to 2590 Keller. The Council will hear the Appeal at the January 5 Council meeting. C) Three Rivers Near Wilderness CUP — Three Rivers has requested a CUP amendment to construct a small office building at the Near Wilderness facility. This request is scheduled for a Public Hearing at the January Planning Commission meeting and will be heard by the Council in February. D) Tuckborough Farms Easement Vacation — 2830 Cabaline Trail — During the process of selling this property, the title company discovered that an old drainage and utility easement had remained from before the property was platted as it is today. Staff has received a Planning Department Update Page 1 of 2 January 5, 2010 City Council Meeting request to vacate the old easement and had begun necessary notifications for a Public Hearing on the request at the January 19 City Council meeting. E) OSI Plat, Site Plan Review, CUP, Rezoning — NW corner of Arrowhead and Hwy 55 — Open Systems International (OSI) has applied to subdivide a 19 -acre portion of the property and also for review of the Site Plan for their 92,000 square foot building. Staff is beginning review of the request, and the Public Hearing may be held at the February Planning Commission meeting. F) Enclave of Medina Concept Plan Review — 3212 Hunter Drive — Lennar has applied for a Concept Plan for a 195 -lot subdivision on the Holasek property. The concept is a combination of 65 -foot wide and 78 -foot wide single family lots. Staff is beginning review of the request, and the Public Hearing may be held at the February Planning Commission. G) Bryson/LeMond Lot Line Rearrangement — 3000 and 3082 Willow Drive — the applicants have applied to shift the lot line between their properties. The application is incomplete for review and staff awaits plans from the property owners' surveyor. H) Holy Name Cemetery — The City Council approved resolutions for the lot combination, CUP/Site Plan, Interim Use Permit and easement vacation. Staff is working with the applicant to get all necessary documents recorded correctly. I) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions at the July 21 meeting. Staff has been in contact with the applicant regarding recording of the plat and requirements for submitting building permits. Additional Projects A) Comprehensive Plan Update — The Metropolitan Council has approved the City's 2010- 2030 Comprehensive Plan. Staff is formatting the "final version" of the Plan following City Council approval. The City continues the process of updating ordinances necessary so that the official controls are consistent with the Plan. B) Watershed Memoranda of Understanding; Wetland Conservation Act revisions The City needs to approve of memoranda of understanding (MOU) with the Watershed Districts in the City regarding authority now that the City has approved the Surface Water Management Plan. Staff has made contact with the Watershed about the changes requested by Council, and will update the Council after receiving a response. Additionally, the Wetland Conservation Act was updated in August, and a number of the changes require action by the City. The Council will need to grant staff the authority to review administrative permits. The City will also need to establish an appeals process and also regulations regarding wetland violation enforcement. Staff intends to work on this project and place necessary ordinance or resolutions on a Council agenda in the coming months. C) Zoning Enforcement (Hamel Station tree removal) Staff has sent the developer notice of their violations of the City Tree Preservation and Shoreland Overlay District ordinances. The notice required the developer to provide a remediation plan by the end of January. If the property owner does not follow through with an approved plan, staff will begin considering criminal and/or civil remedies. Planning Department Update Page 2 of 2 January 5, 2010 City Council Meeting Medina Planning Commission Draft November 10, 2009 Meeting Minutes CITY OF MEDINA PLANNING COMMISSION Draft Meeting Minutes Tuesday, November 10, 2009 1. Call to Order: Commissioner R. Reid called the meeting to order at 7:00 p.m. Present: Planning Commissioners, Robin Reid, Victoria Reid, Kent Williams, and Beth Nielsen Absent: Jim Simons, Charles Nolan, and Michele Litts Also Present: City Planner Dusty Finke, Laurie Smith and Stephen Grittman of Northwest Associated Consultants, Inc. 2. Public Comments on Items not on the Agenda: No public comments. 3. Update from City Council Proceedings: Weir presented the update that the Council: heard a complaint about early morning, weekend disturbance because of hunting, and bird shot falling on a resident's roof and trees. Council will discuss the issue further at its January workshop; voted to charge old assessments deferred through Green Acres at the full compounded interest rate; directed staff to work with Minnehaha Creek Watershed District on language within a Memorandum of Understanding to make sure that project costs of phosphorous reduction are apportioned equitably between the watershed and the city; refined the standards of the Business Park and Business Zoning District ordinance, and reverted to the 3 -acre minimum lot size in Business Park as twice recommended by the Planning Commission; approved changes to the driveway ordinance that increased the width of driveways at the road edge from 22' to 24,' and 28 feet at the property line. Council also discussed how to deal with recent driveways where the plan dimensions were clear, but driveways were built too wide upon final inspection; reviewed Corcoran's Comprehensive Plan and directed staff to express Medina's desire to work cooperatively on a future trail along Hackamore Drive. We recommended that Corcoran match Medina's classification of Hackamore Drive as an A Minor Collector and agreed with Corcoran that County Road 116 should be upgraded to an A Minor Arterial; discussed a purpose statement for the Environmental Fund; approved the Concept Plan Review ordinance with all recommendations of the Planning Commission; 1 Medina Planning Commission Draft November 10, 2009 Meeting Minutes revised a section of the Personnel Policy, shortening a resignation period to 14 days. 4. Planning Department Report: Finke updated the Commission that staff has received questions on potential land use applications that would be large projects if moved forward. He further announced that their may not be a December Planning Commission meeting due to the lack of land use applications and the need for additional time to write a new ordinance. He announced the City would be hosting a recognition celebration on Thursday December 3rd and the Planning Commission would be receiving an invitation. 5. Approval of October 13, 2009 Planning Commission Minutes: Motion by R. Reid, seconded by Williams, to approve the October 13, 2009 minutes with recommended changes. Motion carried unanimously. (Absent: Jim Simons, Charles Nolan, and Michele Litts) 6. Continued Public Hearing - Ordinance Amendment to Chapter 8 of Medina's City Code creating new zoning regulations for future development on property identified in the Mixed Use land use in the City's 2010-2030 Comprehensive Plan (Public Hearing continued from October 13th meeting). Smith summarized the changes to the ordinance since the October meeting: She described the "Transitional Language" which was added to the purpose statement of the ordinance. She stated the language is strong enough that it could be used as a basis for denying an application if it did not provide the transition the City was seeking. Smith stated that allowed uses increased, which included: Assisted Living, Nursing Homes, Motor Fuel Stations, and Vertical Mixed Use. She further described uses City staff recommended, such as: religious institutions, educational facilities, warehousing, and manufacturing. Smith described the regulations which were applied to vertical mixed use: first floor must be commercial; residential shall be counted towards required % of residential, and requirement for one enclosed parking space within the building or an attached garage. Smith stated it may be worth discussing the height restrictions as it has to do with vertical mixed use. Smith stated density bonuses were added in the residential standards consistent with the R-3 district. Public Hearing re -opened at 7:25 p.m. V. Reid asked if the transitional language was clear enough since it seemed a bit convoluted. 2 Medina Planning Commission Draft November 10, 2009 Meeting Minutes Williams stated the language was understandable to him. R. Reid liked the language. R. Reid inquired about the restriction of daycare only allowing one person to reside at property. Smith clarified the language as it pertained to residential in -home daycares. V. Reid asked about commercial daycares. Finke explained daycares would be allowed in both the residential and commercial areas, but both have very different standards under state statute which could be better clarified. V. Reid inquired about religious and educational facilities and what should be done with them. Smith explained the uses are listed as conditional uses in residential. Williams inquired if a church was listed as a residential use couldn't the church count towards the 50% residential regulation requirement? Grittman stated it's a consideration a property owner would need to make. If a portion of property is sold for a religious institution, the seller would still need to make sure they could account for the number of residential units in the remaining property. Williams stated it may be theoretical, but he believes that if a developer could satisfy a portion of their 50% residential with a religious institution, they would then have increased density in the rest, which could hurt the chance to have a good transition of uses. V. Reid stated she believes schools really belong in a residential area, and by calling them commercial it would force them along the Highway, which raises a concern to her. Williams suggested the facilities be conditional uses in the commercial list. Grittman suggested creating separate categories for Institutional. Finke said he didn't think it was necessary to have a distinction between commercial and institutional. The consensus of the Commission was to add the institutional uses as conditional commercial uses. Weir inquired if there should be setbacks between densities within the mixed use development. She said as you go from commercial to multi -family to townhomes to single family it seems there may be a need for setbacks and buffers. Smith stated it was covered within the buffer yard requirements of the ordinance. V. Reid inquired about County Road 19 and Willow Drive. Finke stated that the mixed use along Willow Drive and north of Highway 55 is adjacent to some industrial property. Williams stated the idea was to push commercial development toward the main roads. The Commission discussed building height within the residential area. The consensus of the Commission was to maintain the 32 foot height in residential. 3 Medina Planning Commission Draft November 10, 2009 Meeting Minutes Finke asked if the Commission favored the limitations on size and intensity for religious institutions. The consensus of the Commission was to maintain the limitations and to direct larger facilities into the Business or Commercial areas. Williams inquired about the modulation requirement and had concerns with designing. The consensus was to use the modulation requirement of the Business Park zoning district. V. Reid said she doesn't like the language "shall be no less than 200 feet." It would seem better to say "shall be at least 200 feet." Weir asked about pentaflex lighting along gas station canopies. Finke suggested it may be better to tackle the language in the Sign ordinance. The consensus.was to maintain the maximum building height at 35 feet for both commercial and vertical mixed use. Public Hearing closed at 8:33 p.m. Motion by V. Reid, seconded by Nielsen, to approve the mixed use ordinance with recommended changes. Motion carried unanimously. (Absent: Jim Simons, Charles Nolan, and Michele Litts) 8. City Council Meeting Schedule: Discussion of representation at Council meeting. 9. Adiourn: Motion by Nielsen, seconded by V. Reid to adjourn at 8:35 p.m. Motion carried unanimously. (Absent: Jim Simons, Charles Nolan, and Michele Litts) 4 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Debra Peterson -Dufresne, Planning Assistant MEETING DATE: January 8, 2010 SUBJECT: Three Rivers Park District, Baker Near -Wilderness Settlement Request for CUP Amendment — Public Hearing Application Date: November 24, 2009 Review Deadline Date: March 23, 2010 (120 days) Background Three Rivers Park District, the applicant, is requesting to amend their Conditional Use Permit (CUP) for the Near -Wilderness Settlement Area to allow for the construction of a 768 square foot office building. The property is in the Public/Semi-Public (PS) zoning district. The zoning ordinance requires a conditional use permit amendment for any new construction. The Three Rivers Park District has identified the need for an office building at the Near - Wilderness Settlement Area. The office building would be occupied by three full-time and one part-time employee. Office staff would provide direct, on -site supervision of operations. The existing lodge was constructed in 1998 and is predominantly used for educational programming and is also rented for groups, which would continue to be utilized. Developable Area The Three Rivers Park District has established a policy that a maximum of 20% of the land area within the park may be developed. Three Rivers staff provided a "Composite Master Plan" of Baker Near -Wilderness Area illustrating the new office building being located within the 20% Developable Area. The proposed office building will not impact the development percentage. Exterior Materials Half -log stained siding and metal clad windows are proposed for the exterior of the new office building. The exterior materials will match the adjacent lodge and camper cabins. An unstained piece of half -log will be presented at the meeting. A "green" roof system is proposed, and a summary of benefits by the applicant is attached for your review. Staff requested the applicant to identify other building locations within the metro area with "green" roof systems, which is also incorporated in their summary. Site Summary Lot Size Requirement: Existing Lot Size: Building Height Maximum: Proposed Building Height: Required Setbacks Front Yard Setback: Rear Yard Setback: Side Yard Setback: No Minimum 295.32 Acres 30 Feet 15'-11" 50 Feet 30 Feet 30 Feet Proposed Setbacks of Office Building Proposed Front Yard Setback: 847 Feet Proposed Side Yard Setback: 590 Feet Proposed Rear Yard Setback: 1068 Feet Building Size Office Building: Parking Existing: Existing Parking (paved): Existing Parking (unpaved): Total: 768 Square Feet 37 Spaces 4 Spaces 41 Spaces Proposed to Remain: Parking to Remain (paved): 36 Spaces* Parking to Remain (unpaved): 4 Spaces Total: 40 Spaces Required Parking: New Office Building: 2 Spaces (one space for each 400 s.f. of gross floor area) Lodge: 40 Spaces (one space per 3 seats/120 patrons) Log Cabins (8): 0 Spaces (not rented out separate from events) Total: 42 Spaces Overflow Parking: 40 Spaces (approximate) (Turkey Barn) Near Wilderness Settlement CUP Amendment Page 2 of 7 Planning Commission Meeting 01-12-10 *Two handicap accessible spaces are proposed to be relocated to the southern parking lot near the new building. The relocated handicap accessible spaces will take away three regular parking spaces. Parking Currently the Near -Wilderness Settlement area has 37 paved parking spaces for the existing lodge and log cabins and 4 unpaved spaces for employees. The current requirement for parking with the lodge and cabins at maximum capacity is 40 spaces. The original CUP required 40 paved parking spaces. The site currently only has 37 paved spaces. The proposed office building requires two additional paved parking spaces. This brings the required total to 42 paved spaces. The site plan relocates handicap accessible parking to be next to the new office building and will take three regular parking spaces. In effect the overall parking is reduced by one space. In summary the overall site would be deficient 6 paved parking spaces. Staff has had conversations with the Park District regarding parking and has indicated they host a handful of events per year that meets their maximum occupancy in the lodge. During the large events if additional parking is needed outside of the paved parking spaces, they utilize an unpaved area southwest of the lodge and camper cabin area for overflow parking, otherwise known as the turkey barn. Staff has checked if the City has received complaints regarding insufficient parking and we are not aware of any complaints in this area. Due to the rural and natural setting of this area, staff recommends not increasing hardcover with additional parking spaces. Staff does recommend that if the Park District were to ask for an addition to the lodge, additional paved parking should be added. Trees and Landscaping One significant tree and a few young aspens are proposed to be removed as part of the project. The applicant is not required to plant replacement trees as part of the proposed project based on the volume of trees on -site. All areas disturbed by excavation will be reseeded with native prairie grasses as shown on plan sheet CUP 1. Signage The applicant proposes to install a 12" x 36" wall sign on the south exterior elevation of the office building. Near Wilderness Settlement CUP Amendment Page 3 of 7 Planning Commission Meeting 01-12-10 Lighting Two light fixtures are proposed for the exterior of the east and west elevations. Exterior lighting will be required to meet the City's minimum requirements under Section 829.04. LID Review A green roof is an LID practice that reduces energy, stormwater management costs, and roof replacement costs. It also provides improved urban air quality and helps in mitigating climate change. Staff feels the increase in hardcover is relatively small in comparison to the overall size of the Near -Wilderness Settlement Area. In terms of storm water treatment, a retention area will be installed west of the office and east of the southern parking lot. This retention area will capture run-off from the walkway leading to the office building. The project also includes a wood chip trail connecting to the northern parking lot/drive area rather than an impervious surface. Resolution 97-29 Resolution 97-29 was approved for the development of the main lodge and eight log cabins. Staff reviewed the conditions of approval from 1997 and found the following not in compliance: 1. Forty parking spaces required to be paved. 2. The eight individual log cabins were to be named after early settlers from the area. 3. The security gate constructed on the access road from County Road 24 was installed approximately 75 feet from County Road 24 rather than the required 275 feet. A new resolution will be created superseding the 1997 resolution. Staff recommends the Commission discuss whether paving should be required and if the eight individual log cabins should be named after early settlers. The applicant has indicated they could name the log cabins after early settlers if the Commission felt it was necessary. Engineering Considerations The City Engineer does not have any concerns with the project. Erosion control measures would be required prior to start of project as is required of all projects. Building & Fire Considerations The applicant has been working closely with Metro West regarding accessibility and "no parking" signage along areas outside of the approved marked parking. Near Wilderness Settlement CUP Amendment Page 4 of 7 Planning Commission Meeting 01-12-10 Police Considerations The Police Chief has reviewed the proposed improvements and does not have any issues. Public Works Considerations The Public Works Superintendant has reviewed the proposed improvements and does not have any issues with the application. Planning Considerations Planning staff recommends approval of the proposed application with conditions as listed. City Discretion The City has a relatively low level of discretion when it comes to reviewing Conditional Use Permits. If the application meets City ordinances, the CUP should be approved. However, the City may impose conditions on the approval that protect the best interests of the surrounding community and the City as a whole. Conditional Use Permit Ordinance Compliance While reviewing Conditional Use Permits, City ordinances (Section 825.39) state that the City should consider the following: Subd. 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes the office building will not have an impact on neighboring properties. Subd. 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. The surrounding vacant property is largely Park Reserve land. Subd. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. The City's engineer has reviewed the plans and does not bring forward any issues. The applicant is working with Building Official on the private septic and well connections. Subd. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Near Wilderness Settlement CUP Amendment Page 5 of 7 Planning Commission Meeting 01-12-10 Daily parking needs are satisfied, with the exception of a handful of events per calendar year. It is during these events the Park District has utilized the Turkey Barn area for overflow parking. This area is located south of the proposed office building/existing lodge. Staff does not have concerns with utilizing this area since it is not needed regularly. Subd. 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 City will require lighting to comply with Section 829.04; all lighting is proposed to be downcast with "cut-off ' type fixtures. Subd. 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. The office use is beneficial and reasonably related to assist in the coordination of the cabins and lodge rentals. Subd. 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. Staff believes that the use continues to be consistent with the purposes of the Public/Semi-public zoning district. Subd. 8. The use is not in conflict with the policies plan of the City. Staff believes the use is consistent with the "public/semi public " guiding. Subd. 9. The use will not cause a traffic hazard or congestion. Staff believes that the construction of the office building will not generate additional vehicle traffic to the Settlement Area. Subd. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff believes the distance that the facility is set back mitigates these concerns. Subd. 11. The developer shall submit a time schedule for completion of the project. The applicant has stated they would like to start construction in the spring of 2010. Subd. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The property is owned by the Three River Park District. Near Wilderness Settlement CUP Amendment Page 6 of 7 Planning Commission Meeting 01-12-10 Recommendation Staff recommends approval of the Conditional Use Permit Amendment to allow for construction of a 768 square foot office building, subject to the following terms and conditions: 1) The applicant shall install "No Parking" signs for all areas outside of the approved marked parking to the approval of Metro West Inspections, Inc. 2) The applicant shall provide coordinated parking at the Turkey Barn, located south of the office building during larger events at lodge. 3) Building permits shall be obtained for the construction of the office building, septic, and wall sign. 4) The applicant shall obtain approval from Minnehaha Creek Watershed District for the office building. 5) All areas of building shall meet ADA requirements and be accessible unless the Applicant receives an exemption from the state. 6) The site shall be inspected by the Maple Plain Fire Department and city staff for approved accessibility for emergencies. 7) The proposed site must be developed in accordance with the approved building and site plans and in accordance with the building and fire codes. If the Applicant wishes to make any changes to the plans after approval which will be significant, in the opinion of the city staff, the Applicant must return to the planning commission for further review. 8) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application to amend the Conditional Use Permit. Attachments 1) Aerial Site Map 2) Baker Park Reserve Composite Master Plan — Developed Area 3) Applicant's Narrative 4) Benefits of a Green Roof -Narrative by applicant 5) Site Plan 6) Parking Lot Layout 7) Utility/Grading Plan 8) Floor Plan 9) Exterior Color Perspective from Southwest 10) Exterior Elevations Near Wilderness Settlement CUP Amendment Page 7 of 7 Planning Commission Meeting 01-12-10 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Debra Peterson -Dufresne, Planning Assistant MEETING DATE: January 8, 2010 SUBJECT: Three Rivers Park District, Baker Near -Wilderness Settlement Request for CUP Amendment — Public Hearing Application Date: November 24, 2009 Review Deadline Date: March 23, 2010 (120 days) Background Three Rivers Park District, the applicant, is requesting to amend their Conditional Use Permit (CUP) for the Near -Wilderness Settlement Area to allow for the construction of a 768 square foot office building. The property is in the Public/Semi-Public (PS) zoning district. The zoning ordinance requires a conditional use permit amendment for any new construction. The Three Rivers Park District has identified the need for an office building at the Near - Wilderness Settlement Area. The office building would be occupied by three full-time and one part-time employee. Office staff would provide direct, on -site supervision of operations. The existing lodge was constructed in 1998 and is predominantly used for educational programming and is also rented for groups, which would continue to be utilized. Developable Area The Three Rivers Park District has established a policy that a maximum of 20% of the land area within the park may be developed. Three Rivers staff provided a "Composite Master Plan" of Baker Near -Wilderness Area illustrating the new office building being located within the 20% Developable Area. The proposed office building will not impact the development percentage. Exterior Materials Half -log stained siding and metal clad windows are proposed for the exterior of the new office building. The exterior materials will match the adjacent lodge and camper cabins. An unstained piece of half -log will be presented at the meeting. A "green" roof system is proposed, and a summary of benefits by the applicant is attached for your review. Staff requested the applicant to identify other building locations within the metro area with "green" roof systems, which is also incorporated in their summary. Site Summary Lot Size Requirement: Existing Lot Size: Building Height Maximum: Proposed Building Height: Required Setbacks Front Yard Setback: Rear Yard Setback: Side Yard Setback: No Minimum 295.32 Acres 30 Feet 15'-11" 50 Feet 30 Feet 30 Feet Proposed Setbacks of Office Building Proposed Front Yard Setback: 847 Feet Proposed Side Yard Setback: 590 Feet Proposed Rear Yard Setback: 1068 Feet Building Size Office Building: Parking Existing: Existing Parking (paved): Existing Parking (unpaved): Total: 768 Square Feet 37 Spaces 4 Spaces 41 Spaces Proposed to Remain: Parking to Remain (paved): 36 Spaces* Parking to Remain (unpaved): 4 Spaces Total: 40 Spaces Required Parking: New Office Building: 2 Spaces (one space for each 400 s.f. of gross floor area) Lodge: 40 Spaces (one space per 3 seats/120 patrons) Log Cabins (8): 0 Spaces (not rented out separate from events) Total: 42 Spaces Overflow Parking: 40 Spaces (approximate) (Turkey Barn) Near Wilderness Settlement CUP Amendment Page 2 of 7 Planning Commission Meeting 01-12-10 • *Two handicap accessible spaces are proposed to be relocated to the southern parking lot near the new building. The relocated handicap accessible spaces will take away three regular parking spaces. Parking Currently the Near -Wilderness Settlement area has 37 paved parking spaces for the existing lodge and log cabins and 4 unpaved spaces for employees. The current requirement for parking with the lodge and cabins at maximum capacity is 40 spaces. The original CUP required 40 paved parking spaces. The site currently only has 37 paved spaces. The proposed office building requires two additional paved parking spaces. This brings the required total to 42 paved spaces. The site plan relocates handicap accessible parking to be next to the new office building and will take three regular parking spaces. In effect the overall parking is reduced by one space. In summary the overall site would be deficient 6 paved parking spaces. Staff has had conversations with the Park District regarding parking and has indicated they host a handful of events per year that meets their maximum occupancy in the lodge. During the large events if additional parking is needed outside of the paved parking spaces, they utilize an unpaved area southwest of the lodge and camper cabin area for overflow parking, otherwise known as the turkey barn. Staff has checked if the City has received complaints regarding insufficient parking and we are not aware of any complaints in this area. Due to the rural and natural setting of this area, staff recommends not increasing hardcover with additional parking spaces. Staff does recommend that if the Park District were to ask for an addition to the lodge, additional paved parking should be added. Trees and Landscaping One significant tree and a few young aspens are proposed to be removed as part of the project. The applicant is not required to plant replacement trees as part of the proposed project based on the volume of trees on -site. All areas disturbed by excavation will be reseeded with native prairie grasses as shown on plan sheet CUP 1. Signage The applicant proposes to install a 12" x 36" wall sign on the south exterior elevation of the office building. Near Wilderness Settlement CUP Amendment Page 3 of 7 Planning Commission Meeting 01-12-10 Lighting Two light fixtures are proposed for the exterior of the east and west elevations. Exterior lighting will be required to meet the City's minimum requirements under Section 829.04. LID Review A green roof is an LID practice that reduces energy, stormwater management costs, and roof replacement costs. It also provides improved urban air quality and helps in mitigating climate change. Staff feels the increase in hardcover is relatively small in comparison to the overall size of the Near -Wilderness Settlement Area. In terms of storm water treatment, a retention area will be installed west of the office and east of the southern parking lot. This retention area will capture run-off from the walkway leading to the office building. The project also includes a wood chip trail connecting to the northern parking lot/drive area rather than an impervious surface. Resolution 97-29 Resolution 97-29 was approved for the development of the main lodge and eight log cabins. Staff reviewed the conditions of approval from 1997 and found the following not in compliance: 1. Forty parking spaces required to be paved. 2. The eight individual log cabins were to be named after early settlers from the area. 3. The security gate constructed on the access road from County Road 24 was installed approximately 75 feet from County Road 24 rather than the required 275 feet. A new resolution will be created superseding the 1997 resolution. Staff recommends the Commission discuss whether paving should be required and if the eight individual log cabins should be named after early settlers. The applicant has indicated they could name the log cabins after early settlers if the Commission felt it was necessary. Engineering Considerations The City Engineer does not have any concerns with the project. Erosion control measures would be required prior to start of project as is required of all projects. Building & Fire Considerations The applicant has been working closely with Metro West regarding accessibility and "no parking" signage along areas outside of the approved marked parking. Near Wilderness Settlement CUP Amendment Page 4 of 7 Planning Commission Meeting 01-12-10 Police Considerations The Police Chief has reviewed the proposed improvements and does not have any issues. Public Works Considerations The Public Works Superintendant has reviewed the proposed improvements and does not have any issues with the application. Planning Considerations Planning staff recommends approval of the proposed application with conditions as listed. City Discretion The City has a relatively low level of discretion when it comes to reviewing Conditional Use Permits. If the application meets City ordinances, the CUP should be approved. However, the City may impose conditions on the approval that protect the best interests of the surrounding community and the City as a whole. Conditional Use Permit Ordinance Compliance While reviewing Conditional Use Permits, City ordinances (Section 825.39) state that the City should consider the following: Subd. 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Staff believes the office building will not have an impact on neighboring properties. Subd. 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. The surrounding vacant property is largely Park Reserve land. Subd. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. The City's engineer has reviewed the plans and does not bring forward any issues. The applicant is working with Building Official on the private septic and well connections. Subd. 4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Near Wilderness Settlement CUP Amendment Page 5 of 7 Planning Commission Meeting 01-12-10 Daily parking needs are satisfied, with the exception of a handful of events per calendar year. It is during these events the Park District has utilized the Turkey Barn area for overflow parking. This area is located south of the proposed office building/existing lodge. Staff does not have concerns with utilizing this area since it is not needed regularly. Subd. 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 City will require lighting to comply with Section 829.04; all lighting is proposed to be downcast with "cut-off" type fixtures. Subd. 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. The office use is beneficial and reasonably related to assist in the coordination of the cabins and lodge rentals. Subd. 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. Staff believes that the use continues to be consistent with the purposes of the Public/Semi-public zoning district. Subd. 8. The use is not in conflict with the policies plan of the City. Staff believes the use is consistent with the "public/semi-public" guiding. Subd. 9. The use will not cause a traffic hazard or congestion. Staff believes that the construction of the office building will not generate additional vehicle traffic to the Settlement Area. Subd. 10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or general unsightliness. Staff believes the distance that the facility is set back mitigates these concerns. Subd. 11. The developer shall submit a time schedule for completion of the project. The applicant has stated they would like to start construction in the spring of 2010. Subd. 12. The developer shall provide proof of ownership of the property to the Zoning Officer. The property is owned by the Three River Park District. Near Wilderness Settlement CUP Amendment Page 6 of 7 Planning Commission Meeting 01-12-10 \to Recommendation Staff recommends approval of the Conditional Use Permit Amendment to allow for construction of a 768 square foot office building, subject to the following terms and conditions: 1) The applicant shall install "No Parking" signs for all areas outside of the approved marked parking to the approval of Metro West Inspections, Inc. 2) The applicant shall provide coordinated parking at the Turkey Barn, located south of the office building during larger events at lodge. 3) Building permits shall be obtained for the construction of the office building, septic, and wall sign. 4) The applicant shall obtain approval from Minnehaha Creek Watershed District for the office building. 5) All areas of building shall meet ADA requirements and be accessible unless the Applicant receives an exemption from the state. 6) The site shall be inspected by the Maple Plain Fire Department and city staff for approved accessibility for emergencies. 7) The proposed site must be developed in accordance with the approved building and site plans and in accordance with the building and fire codes. If the Applicant wishes to make any changes to the plans after approval which will be significant, in the opinion of the city staff, the Applicant must return to the planning commission for further review. 8) The applicant shall pay to the City a fee in the amount sufficient to pay for all costs associated with the review of the application to amend the Conditional Use Permit. Attachments 1) Aerial Site Map 2) Baker Park Reserve Composite Master Plan — Developed Area 3) Applicant's Narrative 4) Benefits of a Green Roof -Narrative by applicant 5) Site Plan 6) Parking Lot Layout 7) Utility/Grading Plan 8) Floor Plan 9) Exterior Color Perspective from Southwest 10) Exterior Elevations Near Wildemess Settlement CUP Amendment Page 7 of 7 Planning Commission Meeting 01-12-10 Bo Lake Launatc Independen pt. of NRM a7hern Div. Bike/Hike Trl Parking c w' NORTH 2000' Northern Div/ Baker Maint. Facilit Maint. Storaal _ = Facility BAKER PARK RESERVE COMPOSITE MASTER PLAN BAKER NEAR -WILDERNESS OFFICE BUILDING Building Location LEGEND 20% Development Area 80% Natural Resource Areas Sanctuaries Enviromental Preservation Area Other Natural Areas — Park Roads Marsh Park Boundary Unacquired Property CITY OF MEDINA CITY OF ORONO Al..t... Tt,:.- .........=s'-...:11 4... ........:4.... -l...J ..444.:.., — __..:Lle_1"'1 Project Narrative November 24, 2009 Baker Near -Wilderness Settlement Office Building Proiect Location Baker Near -Wilderness Settlement 4001 County Rd. 24 Baker Park Reserve Medina, Minnesota 55359 Proiect Background The Baker Near -Wilderness Settlement Lodge was constructed in 1998. The use of this space is mostly for educational programming but also serves groups of various sizes on a rental basis. Three Rivers Park District will be locating three full-time and one part-time staff at this new office building for direct, on -site supervision of operations. This building is anticipated to serve all future staff needs anticipated at this time. Proiect Aesthetics The new office building will be designed to replicate the existing aesthetic of the site. The exterior siding will consist of half -log siding and metal clad windows. The half -log siding will be stained with Sikkens Cetol 23 Plus, Color 078 Natural which matches the adjacent lodge and camper cabins. The roof will be a vegetated green roof (see Benefits of Green Roofs). Below are images of the existing lodge and cabins whose exterior materiality will closely reflect the look of the new office building. Page 1 of 3 Project Narrative November 24, 2009 Page 2 of 3 Project Narrative November 24, 2009 Site Disturbance The Baker Near -Wilderness Office Building has been sited to provide maximum visibility to park guests as well as reduce the overall site disturbance of the project. The project team has been working closely with the Park District Natural Resources Department to effectively plan the construction execution of this project with minimal negative impact, including restrictive construction limits that have been established. The Park District plans to remove one mature tree and a few young aspens as part of this project but plans to connect to private and public utilities in a manner that reduces any long term environmental site impacts. One example is the plan to directionally bore the water service to the building, negating any impact that an open trench would have on the adjacent vegetation. Additionally, the Park District is obtaining approval from the Minnehaha Creek Watershed District, which includes verification of erosion and sediment control that will meet the Park District's "Non Degredation" policy, that requires that no project have an impact on a water body that would reduce the water quality below current levels. \\Hpas400\h\PROJECTS\Baker Park Reserve\BAK 0701 Baker Near -Wilderness Settlement Office Building\A General Corr\CUP #2\BAK0701 Project Narrative - CUP.doc Page 3 of 3 Baker Near -Wilderness Proposed Office Building Benefits of Green Roofs Reducing roof replacement costs In Minnesota, a typical gravel -ballasted flat roof is expected to perform for 15-20 years before replacement is necessary. Roof membranes deteriorate when exposed to the hot and cold temperature extremes we experience in Minnesota, and also when exposed to UV radiation from sunlight. The components of a green rooftop protect a roof membrane from these aging factors. The membrane under a green rooftop can be expected to perform for 35 - 50 years before replacement is necessary. This means that a building can avoid 1 - 2 roof replacements over a 50 -year lifespan. This reduces life cycle costs as well as significantly reducing the volume of roofing materials deposited in our landfills. Reducing energy costs Green roofs can reduce heating and cooling demands. During a Minnesota winter, the insulation layer and growing medium of a green roof can add r -value to a building's roof. In the summer, the impact is more significant. Living plant material evaporating moisture from leaf surfaces will cool the rooftop surface, reducing cooling demand up to 25 percent. Reducing stormwater management costs An extensive green roof with four inches of growing medium can be expected to hold a one -inch rainfall event before any water runs off the roof surface. Nearly all the rainfall events we receive in Minnesota are less than one inch. Improving urban air quality Green space is good for air quality. Green rooftops provide opportunities to increase the amount of green space in densely developed urban areas where green space can be hard to find. A 1998 study by Green Roofs for Healthy Cities developed a model showing that, if six percent of the rooftop surfaces in the City of Toronto were replaced with green rooftops, the additional green space would remove 30 tons of airborne particulate pollution each year. (This is not as critical a benefit for this project location.) Mitigating Climate Change and the Urban Heat Island Effect Urban areas like Minneapolis -Saint Paul are generally 2 - 5 degrees (f) warmer than surrounding rural areas. This is known as the Urban Heat Island effect. On top of that, the USEPA projects a 2 - 7 degree (f) increase in aggregate temperature for our region over the course of the 21st Century. It is projected that a three -degree aggregate temperature increase in Minneapolis would triple annual heat -related deaths from 60 to nearly 200. By cooling rooftop surfaces and improving air quality, a critical mass of green rooftops can mitigate all of these impacts. (This is not as critical a benefit for this project location.) Information provided by www.m no reenroofs.orn Green Roof Materials Plants PI ANTS -4 e GROWING MED.IAM TITRATION - ----► DRAINGAGE AND RETENTION INSU:AT:ON ROOT BARRIER - WATERPRODFING ROOF DFCK —� minerals, and a lightweight aggregate material medium, and is designed to be lightweight and Filtration Most green roof plants are selected to survive hot and cold extremes, wet and dry extremes, and to survive in a shallow layer of growing medium. Varieties of sedum are the most common plants seen on green roofs across North America. Sedums are succulent plants that can hold significant amounts of moisture in their waxy leaves and survive temperature and moisture extremes. Certain varieties of native grasses and flowers do well on green roofs. These plants are adapted to weather conditions in Minnesota and are accustomed to surviving through drought periods without irrigation. Growing Medium Plants on the ground grow in soil, but most soils are unsuitable for use on a green roof. Plants on green roofs generally grow in an engineered mixture of compost, sand, like expanded shale. This mixture is called the growing to meet the nutritional needs of green roof plants. Filtration is used to keep plant nutrients and fine particles in growing medium from washing off a green roof. The most common filter used on green roofs is similar to the non -woven black "geotextile" cloth available at some garden stores and landscaping centers. Drainaae and Retention A drainage system is used on a green roof to allow excess water to flow to drains and off the roof surface. While green roofs are often designed to capture stormwater, extreme storm events can produce rainfall amounts in excess of what a green roof can manage. Drainage systems are generally less important on pitched green roofs as gravity can often effectively remove any excess water. A drainage layer can also be designed to retain a certain amount of water. Tiny reservoirs or absorbent mats in the assembly help retain water for the plants to use between rains or watering. Xnsulation Insulation as part of a green roof can serve a few purposes. In Minnesota, most plants are dormant during the winter, and these plants survive winter best by staying frozen until spring. Too many freeze -thaw cycles can damage plants and reduce their odds for survival. Insulation will keep heat from inside a building from thawing plants in the winter. If desired, extra insulation can be installed to increase the insulation value of the roof to decrease heating and cooling costs. Root Barrier A root barrier keeps aggressive plant roots from damaging the waterproofing. While maintenance is important to keep aggressive plant species from becoming established on a roof, a green roof should be designed to protect the membrane in the event an aggressive plant manages to take root. Waterproofing Waterproofing is the part of your roof that actually keeps the water out. Traditionally, this is asphalt shingles over some sort of underlayment, but asphalt shingles, like a lot of roofing products, aren't suitable for constant exposure to the water stored in a green roof. Small roofs typically use self- adhesive sheet goods that are easy for the owner or small contractor to install. Roof Deck This is the stuff that covers the rafters or trusses of your roof. Solid wood and plywood decking are suitable under a green roof. Existing Green Roofs in Minnesota The following Green Roofs can be viewed by the public while the facilities are open. Lebanon Hills Visitor Center, Lebanon Hills Regional Park, 860 Cliff Road; Eagan, MN 55123 Minneapolis Central Library, Downtown Minneapolis; 310 Nicollet Mall, Minneapolis, MN 55401 Phillips Eco-Enterprise Center, 2801 21st Avenue South, Minneapolis, MN 55407 For more Green Roof installations, visit i�t F .!i`M ,,r+_E r u is.0 g/tcic isc. \\Hpas400\h\PROJECTS\Baker Park Reserve\BAK 0701 Baker Near -Wilderness Settlement Office Building\A General Corr\CUP #2\Baker Base Map 2007.dwg WATER BODY PROPOSED NEAR -WILDERNESS OFFICE BUILDING CAMPER CABINS, 8 TOTAL ThreeRivers PARK DISTRICT NEAR -WILDERNESS LODGE STAFF CABIN STAFF ENTRANCE FOR LODGE PUBLIC ENTRANCE FOR LODGE Site Plan Baker Near -Wilderness Office Building Printed: 11/24/2009 8:47 AM WATER BODY Scale: 1" = 150' Date: 11.24.2009 Drawn by: D. Elias Printed: 11/24/2009 8:45 AM \\Hpas400\h\PROJECTS\Baker Park Reserve\BAK 0701 Baker Near -Wilderness Settlement Office Building \A General Corr\CUP #2\Baker Base Map 2007.dwg --Irn-0 000 --IC 70 0 > >H7 rOrzz 03 CD 03 0 0 0 - CS) s s -° n can n n rn rn CS) CP C1) CJ� N ThreeRivers PARK DISTRICT BUS DROP-OFF Parking Layout Baker Near -Wilderness Office Building 0 Nn C> O rn rnrn0 Oyx n70U, D -1 rrnn z z 0 Scale: 1" = 30' Date: 11.24.2009 Drawn by: D. Elias BUILDING CONSTRUCTION LIMITS -DISTURBED A REAS TO BE RESEEDED WITH NATIVE PRAIRIE GRASSES UNDERGROUNDELECTRIC (NEW) STORM WATER RETENTION FOR CLASS V WALKWAY. BUILDING TO HAVE GREEN ROOF OVERHEAD ELECTRIC (NEW) PROPOSED OFFICE BUILDING - NOT IN EASEMENT. BUILDING SIGNAGE TO BE 12" X 36", MOUNTED ON BUILDING WALL. PARTNERS &SIRNY a rchitects 212 West Fra nklin Avenue Minnea polis, MN 55404 \0\9 0 i / / /- - - - -- _- 1022- / - \ \ \\ \ \ , / /� _— 1023--- — �\ \ \ \ \ • f II / /� ---- —_ — —\ \ \ 1 I \�{'' \ I I L.(-, t \\ \\ o I I — — —-1024-- ,/ _ — — — — — — — _ _ _i--Cf. \ \ ,> (77 7-.77. (7-Y"Y - A _ - 0 ▪ \ / N \ \ / / c .>: / \ \ ov \ \ .\ / \ \ / / r`- / — / s. \ / 1 -1022 /C / \\ J / / / - \ 1 1023 - _ , I / / / / / , / / /r / I \ , / 1024 _ / / ,i \ 1 ( / / j'' \ I I / / / - I\ .. i / / --/+. h // / r / / / / 0 0 o. , 0-O / / 0 0 \ I Y\ / " 1---,,, Site Plan l \ I • N. 7 1\ 0 \ /7� • \ / / / / / \ \ 1 -7026 \ \ \ • 1 1 GAS(NEW) / / Y ,. \, r( t`'. 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" "',',' .v�' ;' \ / = 30 GALLONS PER DAY 11 111111 V/ cS 6', 1 11 1 1 1 1 11 I -.,� _ I I I I I I I I I I I /_ / ,-8 ' 0 I I • °,> I' \ ii,/ / /\ ' /� *PHONE (EXIST)r7 Y _ :- .'4.'(7-‘/ /- \\\ ,.k`\ \\ \\ ' II 11 i~/ , / - / 1 / / \ \ \,\ \ \ 1 1 I \ \ \ J 1 PHONE (NEW) \\'\ \ \ \ \ ; / / \ \ \ I I ,! \ / I it r`1 \ .. \ \ . -1028 - \ I l \\ \ \ 1 °�8 / \ Office Building Near Wilderness Settlement Baker Park Reserve Medina, MN UNDERGROUND / Site Plan Date: 11/23/09 Detail Location: CUP ROOF EDGE \ ABOVE \`y, STOOP (CUP 20 n. 1CUP South ICUP 4I FULL CUT- OFF EXTERIOR LIGHT - (2 THUS.) NO OTHER EXTERIOR LIGHTING INCLUDED IN BUILDING OR SITE IMPROVEMENTS. NORTH PARTNERS & SIRNY architects 212 tress Fra nklin Avenue Minneapolis MN 55404 O1 Main Level Floor Plan 3/16" = 1'-0" Office Building Near Wilderness Settlement Baker Park Reserve Medina, MN Floor Plan Date: 11/23/09 Detail Location: PERSPECTIVE FROM SOUTH WEST 12=10 PA RTNERS & SIRNY architects 212 West Franklin Avenue Minnea polis, MN 55404 Office Building Near Wilderness Settlement Baker Park Reserve Medina, MN Perspective from South West Date: 11/23/09 Detail Location: CUP 3 1 CUPSouth 1 3/16, -10 0 CUP W est 3/16" = l'-0 " LIVING ROOF PINE L OG WOOD SIDING - STAINED 2X PINE FACIA ROOF BEARING S 8'-0 " GLULAM BEAMS METAL CLAD OPERABLE WINDOWS PINE LOG WOOD SIDING - STAINED GROUND LEVEL 0" 11 LIVING ROOF ROOF BEARING $_ I 1 PARTNERS & SIRNY a rchitects 212 West Fra nklin Avenue Minneapolis, MN 55404 Office Building Near Wilderness Settlement Baker Park Reserve Medina, MN Exterior Elevations Date: 11/23/09 Detail Location: CUP 4 AGENDA ITEM: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: January 5, 2010 MEETING: January 12, 2010 Planning Commission SUBJ: Rural Commercial Holding and Rural Business Holding Ordinance Background The City continues to work on zoning ordinances in order to implement the 2010-2030 Comprehensive Plan update. The next topic for discussion is regulations for property which have been identified for Commercial, General Business, or Industrial Business uses in the future, but which cannot develop with municipal services until some time in the future as a result of the Staging Plan. The attached ordinance describes regulations for two zoning districts: Rural Commercial Holding (RCH) and Rural Business Holding (RBH). The RCH district already exists and applies to property along Highway 55 in the west of the City. RBH is a new district recommended by staff. Comprehensive Plan Information As mentioned above, areas which will likely be zoned into these two districts includes properties which have been identified as Commercial, General Business, or Industrial Business in the Future Land Use Plan of the 2010-2030 Comprehensive Plan (the "Comp Plan"). However, the Staging and Growth Plan in the Comp Plan describes when these properties may develop with municipal services. The RCH and RBH districts are intended to apply to properties which may not develop until a future staging period. When utilities become available, the properties would then be rezoned to a Commercial or Business district upon development. Properties that fall into this category are shown on the map on page 2 of this report. The RCH and RBH districts are meant to implement the Staging Plan by limiting commercial development in areas which are not yet served by utilities, but will be in the future. This is consistent with General Land Use Development Policy #5 (page 5-5) "The staging plan will be referenced for all future development plans in the growth corridor and shall guide future land use decisions to ensure availability and adequacy of services." General Information; Regulation Framework One of the first things for the Commission to consider is a general policy question. While the Staging Plan seeks to limit development in future stages, it is important for the City to ensure that properties which can develop in the future have a viable use in the short-term before development is possible. There are a few different ways for the City to regulate future development areas. A lot of the time, communities allow a mix of rural residential and agriculture uses to future development areas, regardless if the property is guided for residential Rural Commercial Holding District Ordinance Amendment Planning Commission Meeting Page 1 of 5 January 12, 2010 v or commercial development in the future. This makes sense when carving development areas out of previous RR or AG areas, since this is consistent with the historical uses in the area. One potential concern of using that strategy in Medina is that this would allow for a new home to be built on a lot which will one day, along with all of the surrounding property, be guided for a commercial use. Instead, staff is recommending that the RCH and RBH districts allow agricultural and limited commercial/business uses. There are a few existing residential properties within the RCH and RBH area, so staff recommends adding "existing single family dwellings" as an interim use so that they do not become non -conforming. The Planning Commission should decide if they endorse this framework, or determine if there is more support for an emphasis on rural residential uses. Staff reviewed the existing RCH regulations in relation to the new regulations adopted by the City last year for the Commercial Highway, Business Park, and Business districts. Because of the significant differences between the Commercial and Business regulations, staff is recommending two holding districts so that it is more likely that anything that develops prior to utilities becoming available is consistent with the zoning district which will ultimately apply to the property. MEDINA Rural Commercial Holding and Rural Business Holding Pre -Staging Development Potential AY 50 Lot p Existing Use Acres 5 -Acre Areas of Suitable Soils 20 Acre Parcels SAC Unit Equiv Sq. Ft. Retail Sq. Ft. 'Office Sq. Ft. Warehouse or ' Assembly' 0 Agriculture + Res 26.41 1 1 9.2 27 639 22.031 51,590 1 Agriculture 20.79 4 1 7.5 22.435 17 948 42.028 2 Office 18.58 3 1 6.7 20,145 16,116 37,738 3 Gas Station, Retail 1.62 1 1 0.6 1.757 1,405 3.291 4 Restaurant, Catenng 0.79 0 0 0.3 861 689 1.613 5 Bar, Restaurant 0.90 0 0 0.3 973 778 1.822 6 Auto Repair. Towing 1.79 1 1 0.6 1.939 1,551 3.632 7 Rural Residential 0.93 0 0 0.3 1,012 810 1,896 8 Agriculture 24.38 4 1 8.8 26,434 21,147 49,520 9 Agriculture 20.55 3 1 7.4 22.283 17,827 41,744 10 Agriculture 5.37 1 1 1.9 5.674 4.539 10,630 11 Undeveloped Land 3.48 1 1 1.3 3.773 3,019 7,069 12 Undeveloped Land 0.30 0 0 0.1 322 258 603 13 Mini -Storage 18.21 1 1 • 2.4 7,300 5,840 13,675 14 Rural Residential 1.47 1 1 0.3 792 633 1,483 15 Rural Residential 1.51 1 1 0.5 1.410 1,128 2.641 16 Agriculture 38.97 2 1 6.8 20 520 16.418 38,441 17 Agriculture 18.94 3 1 5.7 17.188 13,750 32,199 18 Agriculture 7.77 1 1 2.5 7.506 6,005 14,061 19 Agriculture 4.90 1 1 1.7 4.971 3,976 9.312 20 Agriculture 53.19 4 2 17.7 53.001 42,401 99,289 21 Rural Residential 18.17 3 1 6.4 19.162 15,330 35,898 22 Undeveloped Land 7.33 1 1 1.3 4.0200 3,216 7,530 23 Agriculture 35.51 1 1 2.2 6.738 5,390 12,623 24 Rural Residential 2002 1 1 4.2 12.561 10,049 23,531 25 Industrial 21.53 1 1 4.7 14.035 11,228 26,291 26 Industria' 12.60 1 1 3.0 9.048 7,238 16,949 27 Undeveloped Land 8.39 1 1 2.3 7.015 5,612 13,141 28 Undeveloped Land 10.78 1 1 1.9 5.795 4.636 10,855 29 Motel 3.29 1 1 1.2 3.564 2,851 6.677 30 Industnar 7.23 1 1 2.3 7.048 5.639 13,204 45 28 CMESTHUr Future Land Use ® Commercial General Business Map Date: January 4, 2009 Rural Commercial Holding District Ordinance Amendment Page 2 of 5 January 12, 2010 Planning Commission Meeting Allowed Uses Staff recommends that the allowed uses in the Commercial -Highway and Business Park districts be utilized as a starting point for the RCH and RBH districts. Staff has recommended some changes in order to limit the uses to those that use less water and produce less wastewater since they will be on septic systems. This is consistent with the existing RCH regulations. The following table summarizes the uses allowed in each district within the draft ordinance: Rural Commercial Holding (RCH) Rural Business Holding (RBH) Permitted Uses Bank and Financial Institutions Bank and Financial Institutions Contractor services delivered off -site Essential Services (utilities) Essential Services (utilities) Office Uses, including Medical Offices Office Uses, including Medical Offices Parks and Open Space Parks and Open Space Public Services (including Post Offices) Public Services (including Post Offices) Publishing Firms Showrooms Transit Station or Stop Retail and Service uses (but not restaurants, bars, pet stores, pawn stores, adult establishments, vets, auto services, gas station, contractors) Conditional Uses Auto uses (gas station, auto repair, auto sales/rental etc. (but not car washes) Educational facilities Essential Service (utilities) structures Essential Service (utilities) structures Indoor recreational (bowling, theaters) Manufacturing and assembly (limited, light) — see below Telecommunications Tower Veterinary Clinic, Pet Stores Veterinary Clinic Warehouse, Wholesale, and Distributors Accessory Uses Computer manufacturing and assembly Day care or day nurseries Day care or day nurseries Drive -through services (with CUP) Drive -through services (with CUP) Industrial repair or processing (<20% floor area) Off-street parking and loading Off-street parking and loading Outdoor display of goods Outdoor sports court Outdoor storage Parking Structures (with CUP) Parking Structures (with CUP) Railroad Spur Recreational and open space for employees Retail sales (<15% floor area) Seasonal Flea/Farmer's Market Signs Signs Temporary Outdoor Sales Events Transit stop/station Warehouse (<30% floor area) Wholesale office and showrooms Rural Commercial Holding District Ordinance Amendment Page 3 of 5 January 12, 2010 Planning Commission Meeting Lot Standards The following table summarizes the lot standards for the RCH and RBH districts, as recommended by staff in the draft ordinance. As with allowed uses, staff utilized the Commercial -Highway and Business Park district regulations as a starting point. Two unique regulations for the RCH and the RBH districts are lot size and sanitary sewer usage. These requirements are different from the CH, B, and BP districts because these lots will not be served by City sewer. Staff has recommended at least a 20 -acre minimum lot size, in order to limit the potential for development in the RCH and RBH districts before sewer becomes available. The existing RCH district only requires 5 -acres contiguous suitable soil per lot. The map on page 2 summarizes the difference in the number of lots which could be created without the 20 -acre minimum. The draft ordinance limits sanitary sewer usage on a lot to 100 gallons/day per net acre. The sanitary sewer usage regulation limits the scale of development based on the wastewater production. Again, this regulation is in place because the sites will be served by septic systems, and also to limit the amount of development consistent with the Staging Plan. The final three columns of the table next to the map on page 2 translates the sanitary sewer usage limitation into a maximum amount of square footage of different uses which could be constructed which would produce approximately 100 gallons/day/net acre. Draft RCH RBH Existing RCH Lot Area 20 acres (5 acres suitable) 20 acres (5 acres suitable) 5 acres suitable Lot Width 200 feet 200 feet 110 feet Lot Depth 200 feet 200 feet 200 feet Front Setback 50 feet 50 feet 50 feet Side Setback 20 feet (or 15) 30 feet (or 15) 20 feet Rear Setback 30 feet 30 feet 40 feet Residential Setback 100 feet (or 75) 100 feet (or 75) 75 feet Parking Setbacks Front 25 feet 35 feet 25 feet Side/Rear 20 feet 20 feet 5 feet Residential 75 feet (or 50) 75 feet (or 50) 25 feet Building Height 30 feet 30 feet 30 feet Sanitary Sewer Usage 100 gal/day/net acre 100 gal/day/net acre 100 gal/day/net acre Rural Commercial Holding District Page 4 of 5 Ordinance Amendment January 12, 2010 Planning Commission Meeting Design and Development Standards Design and development standards include things such as landscaping, building materials, building design, etc. The existing RCH regulations do not include specific design.and development standards, but rather reference the Urban Commercial zoning district. Staff recommends updating this reference to the new Commercial standards adopted last year. Similarly, staff recommends referencing the Business District regulations for the RBH district. By referencing the standards of these other districts directly, any development which may occur in RCH or RBH will be consistent with what is expected of future development when the properties have availability to utilities. A copy of each of these sets of standards is attached for reference. Staff Recommendation Staff recommends that the Commission review the regulations and the comment boxes within the attached ordinance. The Planning Commission will hold a Public Hearing at the meeting prior to considering a recommendation to the City Council. Attachments 1. DRAFT Ordinance 2. Excerpt from Section 838 of the City Code (Commercial Design/Development Standards) 3. Excerpt from Section 832 of the City Code (Business Design/Development Standards) Rural Commercial Holding District Page 5 of 5 January 12, 2010 Ordinance Amendment Planning Commission Meeting ATTACHMENT 1 - ORDINANCE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING THE REGULATIONS OF THE RURAL COMMERCIAL HOLDING (RCH) ZONING DISTRICT AND CREATING THE RURAL BUSINESS HOLDING (RBH) ZONING DISTRICT; AMENDING SECTION 835. THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS FOLLOWS: SECTION 1. Section 835 of the Medina code of ordinances is amended to add the u (1erlirlyd language and delete the ya+t}eh-l-hr+n jlr language as follows: 835 - ZONING — RURAL COMMERCIAL HOLDING DISTRICT Section 835.01. Purpose -The purpose of this district is to provide a zoning district which is consistent with the area guided for commercial reserve in the city's comprehensive plan. The rural commercial holding zone includes areas of the community lying outside of the area in which urban services are currently available to commercial uses but which will be added to the urban service area in the future. Section 835.02. Permitted Uses. Within the Rural Commercial Holding District the following uses shall be permitted, subject to site plan approval, ih�_..:uiii tini ) heici)i. a iid other ippl ezible pro%kion;oithe code: I f I'_rnii(tolti,L•oink. Ct)inmc:lvial_Ili h,1a� i�;ill; �li�trict, is (ILA lihc,i in L't.'11, ,it Y7�.1 tip rl tlic ihc uilovi i11 2. tint he uc•_ (WI t f it ��-i iItc� ..v ;iuii>dL'tiiiIin,' - - (h) c,(it (�iCilitic (C) l io;intal_ uui ii)L i 'iii Ci \ iCC; (ii) hotels/\9(ltelS -t)ii ile l clurri e t itilivlirici (i) Restaurant, Sport . health. uiiil PliA Llo'n 1r.ri�ni�ural I,.c_ tiui not inLlniin !the �r<� �uix' or ritliiLliiroi; e�tork. Iivestod, 1?rUliHC1 i„ .cilia uhline. 1',+t fa+;e1--Otae to taite Ordinance No. ### 1 DRAFT — January 8, 2009 DATE Comment [d1]: These uses are currently not permitted in RCH, but there are existing non -conforming uses today. Theoretically, the RCH district could utilize the same list of uses as CH, and the sanitary sewer usage regulations could be left as the only limitation against heavier water uses Comment [d2]: Option: Remove prohibition against livestock 4-3.4_t 4tee (ja-----Sze-re 4tH-a-l-a++e4--W<++f1-1-'+e+ees+;ih . -ieed 444 4 a4-4-k-s-+t++4-Fi414414<=taI-1-4+44+1+444(-3+t} 4-a4 -1cdicalOiii(:e:, (4) 1- 4te++r>f-1---ee 4 44++-4++c-l+e f?3 l3a t+ea-SI*K14e 44,1 }--4,44 to-toi --a+ 1-4-'++! 4++t a4-k=e n4e+ 144)4''+4 4-L341+ee 44 4-4 4244-11-1it: t-1 '}..€lccl+ x++e ` li4414p-its-a++41 N4ail-4.44(-1-e 1-4r t+ eti: I3tt4-+mot 4<+ -e -NE -eE4 -144.000--,qt,4 t--4ee4 (-I?}-, }-4-,?4,4 4-4-t-4-H44 t -.r.4 44--440i-414e1++€4tt 44 ;�i -- -or 1+3 (4+= -H -+R-<11 44\c°4(telF 1+k tecl 1-<-((4t1 ailt+a<-+I-t+++-C. (-1-N-4-14r�-4=f*l4e�i++`�-{�e4a44 S4f+l��s�l+lc{--1�<4414.1-`�.c�+sic=r-�1+t>1+s-1+t+4++t+Hf4rt�etrel-1111430-se}4444+t l ee4-444 #4< 4+-a+ea ++++t1-Ak-44tc,14 .4rt-efact+-4+4+1 -el+tti++ 41+e-1, e.+++s-44(44\ c c+ t -6 4 N-1-1444€} a -111'x-1: 4a4 a4<+a =e1+1(1ttt+++1F'a44 l?erlet (4) 4 t+a=1++4t44e-44+++1-1- 444t4r 1 t+t 1+i 1+++4 +(a+e• (-t--t 4 :1i+=4+ (3++i r s a++f1 �t+1414 +a ttt 4t+tii 4c4-1 -144t-14#i+4‘,,,AAat<.,++a-1-a++c1-tia4 +-4414.4-ip i-e444-.14441--S++1.1131 'r43ea1e+: 444 -V-i41t°u-4-e1€ (g) 4141 �4ca4 r+ t++c4 (1t+414i+a kztasM3F+e 4<+re (44 4iia+=l-te4. Shop Etc +tt l+al+ 44-4 1-1+414 X4441:--.144(1--Sk-i+4-> -44a- - S-<--}-itc,!.; (4=0i --,i'-ear:Ind 1-ea41}ef.4--1Ho44 -44T41 (-14 t441+t'1-!4±, 4444 r4+41 1 i-i i+elf1-( -R,t..-3 it-a+le! N14 -4+t ++aix,t 4-1414-lo4-S4op (4+++ "t+t++444+u“-x114-1.: 1-1o1+44v. 140(-1: fah {-r: i 4-t 4-te a I 4t+<-°14a-at.14 cc (444 -I et+a+4+:1t-21-t4-`.1-1—t 11'+ NL-i++ 414+14a-t,{-4++4):-a++e4-at+l4er- ofe-,: 4fti 1=1t -H-+4-`, (+ 4 t-41-14(.141 44+441,.144(4 a ..144{4 4 ;414-..14,a++=.1, 4+- 4..- tot( -\.4 3=r4 4++11tie'--4}r+r 4, 4 4 i1-St31,141v (4;4 .\a -44) +4t'+= \_; .�.1 4..3+1cr_4I-l— 43+}',3H(1-1114++4'3,+1 ` •r - Section 835.03. Conditional Uses. al -at -1441e 1.-t++41 t 3+a+a++e+t 4,+I --1-1t-4441++ 14+ ++i;=+ 44 44;41,-«-t-tt+4 b -1.'04+414 4 onill -1114:1-H 1+141 1 111: 10110\1,1111.1 1,11111 1 hr: lit°1 14i11e1! +1 11 1_1111 114:.1 R('11 tli, 1 RRL •1113.1t'<'+ 1) (11110 1! 111.1t_t), 111111 ;Approval. Ihc .t+rciii< 44 uirenknts r‘1 l!)1ishect i1) Scctio)4 +.431)4 4 1:1-111ge lirnii uttuts +et 141144 Ito cin. and 1+41{1 .1441+11{ ihle pru r logs tat the eit+ t o(ic_ Ordinance No. ### 2 DRAFT - January 8, 2009 DATE ( 1) Condirorr l uses of the Cotnnleieial. Iii :hvyav fonnT dhs1'ic t. as describe() in Section 3N,_1 0 of_the city code- e`;cc n the follocc n1_ -shall 11(41 beducrntined 1Ises: (a) Car y -ashes 01 auto jter40.1rnn (b) )ay c fro° 1 +c duties c) Ito it lls-_lend n _ri+ent set \ ices 4d) Hotc'Is,Motels te) On s ale ligflor estahhslul eats (ft R ,t tur.1n1.4 4u2) Sjiolts. health, and 1317\ sic 1I 1ltne s clubs Outdoor such s agoll courses. d1 n 4-4) 1 t1 +l -51++1 -a+3tl-aitkuuil---Se-r-\-k€e l=te4- 11i-!ate,+s l+ei'lifi -4- ti -+l -4+tkt \'-l+tea+-;ikt' (-)-Veir 10.41444 c}++;+({ feet-af=lk k -tttc a-4+1 rd--t+f -Nt+sializtl( �:ett r+na+_> lftile) A.a,-x}-etty air -S -ho E 1} 11+e ate t3tr te+iS-hoos (-(+)-. --li)-a-ek-1.e l -is -en Cr) -1-tot o i-t �iti1 tHf ( ) 111114,+++40-e Sck tc -St-ai -441 ria}k)1{++-1+tcl sl€t-)2+-ks}----k4the+k+1 , t t3 ),z+ksl, l-)----1) r-i) - - 1-11 +t }cl FD++A4-e ;+t+cJ-1_-ahrie tt-ios+ Scr� ice I+ alas 1--1-a) la ++r t t� t+k++ ktii L 'ttte (--1-2 Ektt+ t++< �++++k+r +t i ti ( I4)- +c' ala-lt iii-1-t)+-(itr-1-Fairs -s-- o a 40.())-IN-4dt;a+t•--re1 1-a+� l oTe- tl-c I>tk:i++c�:ti E-1-v+-l-rk:-N+4+rt+ra+ttl-lszttll F+--St-a4i,..+a k St &+ --1- 4 24.)-) t%k',+ct (2 1a 1-.4+144111+1u- t111+t akaor4{ai'-it-1-heo+1 .141-00 F_1tI'0404-+2 -H- 0-tE++trFrtt+ t2 )} 1-)' lcriali+++41-1-014 dyne ;=1;+a+ of .10 r• 1)1+4 41112- 2,>,4--) t- s41-k1a+rc+#k+c+tk++t+e a+-o-ts4et++131;--o1=tl+e-l4>I-k-+; 1-k+t+-1+=l4t-tntltn-41--ial p-r-4+tlt+cts-eat=atrtlitt_ H -o e -n-2 k++t+ 1a F--131 +}11-4 Ordinance No. ### 3 DRAFT — January 8, 2009 DATE Comment [d3]: These uses are cumntiy not permitted in RCH, but there are existing non -conforming uses today. Theoretically, the RCH district could utilize the same list of uses as CH, and the sanitary sewer usage regulations could be left as the only limitation against heavier water uses Comment [d4]: These uses are included in the existing RCH ordinance, but not in the CH district. These could be a logical short-term use of the popery prior to utilities being staged. Should these be included? ��i14x141eo��-c��1ret-i��+��.4��.��.}rt;+tit��H-3a}-I��ie-to+1��{��er��-h+tr:' (_+} Cut and 4e - i;hha+mil 4}4) r\i4r ref ztt res��a+ie; ti+il t }ei a 3a e�� ft) # 4E+t-tea-. f--{ (��{itt'1=ic'z+ri}k'f itHf�� Eiiiff'( i}t=AEltil'afE?ht%t}61 +tTt }t#El}it' 1fFHi3+itL'-{ E 4mpu-it1 a++--.4-ek ot-Hr r}+E-tarodt-K-4s {44 t2r+r}{}++ et+}El--et{ter-fehtfe-s-uptioi4-at=-ti ittrs };` 1 ��{idtttliilti+'tliH}{v tcjti}t?ii+ei}1 1I�) t+d+fa a+t�� +Elet-eEtH+1-H+*et+t 4-H Sen++t-f-1,.1-11-14-t++rz++}i -Hi-1 e ��;eein-t+}+e-e-einpoliei++).; H1 -11111,+}}Ea11t-i iH t-1 -11 t 1- 'r+ih+a: aHd i t4+}1401 {-114{U+t,E-t+1, Nt 1 kk}nt+} -11;}+++ =-a}+Ei+t=}+}<}dt+e+++---itt 44=rac-+r-:ri-rEl-14141+-C4tl-}net}i41 (1-1 4 mi. dtcK e4i=N-:-,-1--eFvi4j e..j+xa-1+e F)-vs:t))--t+1=c k+i 4tj i ��4taa 1 st:+4+r��i H-�� 4+-1 4i.'t4I+l-c't 1 H F 1i intd ,��ti Etl ittf t n}��:'}i+li fit t Soa!t -f +t eIei-H+err ( 1 N(4t--stimihi#14414} 1ietaiit :+i'+t-}tt f ) +t' I+i-I+i-+++, I+t= }+f-+-ie k- -! a}t'dit +-I E'il11 fix++t 1+t Section 835.04. Accessory Uses.-'t-i-i+++++--1}}e-R-t+i +l-t-;-++4+In n iTl 1 It+ltii+}+ }-i t+ e -t Itt l 41 ii+ ete=e.e see1,v-t+e),-1.1aIl be ;+}},-0ti'-ed I Ise li+lt()'., In <_�� r 4; 'l' tlti��,, !,11.,111 lit pc' I 1 e i ),), ithiii il_,c R( I 1 )-:tli}jCrt tU <11)1}lit;al)IL prov i.ious Oi the rift Codc:111d Wu%ided u).:t: i> sulu,nlin:nr l() ;Ind ,1!..,,()ciaictl vv i ll1 pLrnlit cd r coltdit mal u��t: { ��C��l'S��I��rA ��'tii�� t)l I!lc t 1,,I cy.,: al 1 11),)11',v 1, . +IISUI,1 .1), li4Ctl_IIl clitull 1 0-1 (if the cn`. k;OuIC. cv.crl't-111C roll(, n1,4 ',MI tOi bt' :I itcrnuttrf t;sc: ,1 O111(il,"i ;linine i uior rn:n_�� <11.L ` I l i t414 :S-Ft3v4 :H -K4 I Uses listed in this subsection are selectively taken from the North American Industry Classification System (NAICS). Uses not included or worded differently were intentionally done so because they are not consistent with the purpose of this district, were deemed not to be appropriate for inclusion, or needed to be worded differently to meet the City's needs. Ordinance No. ### 4 DRAFT - January 8, 2009 DATE Section 835.05. Interim Uses. AWithin the 1X11 district. the lolluvvinb interim uses. if exisline prior to tlle elicctiye date of thi, ordintnce shali be, alloyyeel without ohtai 0 a ,m 1111erilli use permit until such blot as the plopertK t`, redeveloped. If an interim_use is damaged of destroyed by lire storm or other hazard. it may he reconstructed vs ithout obtaining ;tn interim use permit. if 0 bsti-lding.penitit is for _within __I St) da' s ui_the Crept c ausine the damage, [ Jansion of thettse orimpros.emend of thetruert} in an amount I.Ift-ater than 50 percent of itscurrent alue shall pertilittc-d 01115 by interim use permit, (, I) 511121e Fanlils Detaelle 1 D»_eliula,s Section 835.05-(16. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usa2e Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. SUN'. 1. 1_111 of Record: A 101 of record. oo llieh existed on or before DecenThet 3 1. 1999 and has one or mole of the lollov toe» shall be consideted huildable sy ithout ie jutr lnet_a varia rice provided all other provisions of the ordinance are met. (a) less tlli n the tequi ed lot v/e. hut mote lhan 1 title less than theregulledlot vs i�ith less th In rite rc (Jn1red lot depot_ (0) (c) Strl4+l-1:-1.o4-+lf Record: .\ lot of lee+rfi {-ae-r=e:-4Ht+# s -hicl .:icd ca+l or i e4.1or' 1 le —en -}her 31-. j-l1'ot-+tle-4-011 other--14444A4sd4n,s--of-tht sir4+1+i t- -+rt=-l-rtt:t.:- Subd. 2 Minimum Lot Area: acres. Aeielitiollalls. e,t,11 lot must eonittin 5 acres of contiguous soils suitable for a standard individual on -site sewage disposal system as defined in section 820.29 subd. 4(a) and subd. 5 in compliance with section 720 Individual Sewage Treatment Systems. Subd. 3. Minimum Lot Width: 440 '2(1O feet. Subd. 4. Minimum Lot Depth: 200 feet. Subd. 5. Minimum Front Yard Setback: 50 feet 4 u -t at I+S t++t''l 5 It -et 1t,,n an,- esiciet t+ai Subd. 6. Minimum Side Yard Setback: 20 feet. o +i terra r5-tre1 {tut11 :}+i +e5icier�ai+rl 61~1+1- -E 1 f the 101 Isj),irt eft .111 lilac"latent uev L.101)111(.111. the 1111e1 101 slue= t ale sCllack 111,1% he !educed_ It , 15 lee! ill older to accommodate shined Lred se o loading II10 dock circulation. lire' limes t ai other site lil li)I O 'v et-Itc Ills. of 10 c'ta 11ieilic I tmikiilia 111 eta 1i)tl(lliii tlih l. . Ordinance No. ### 5 DRAFT — January 8, 2009 DATE Comment [d5]: Staff recommends a minimum lot size in addition to the "5 - acre suitable soil" regulation. Without such a regulation, there could be a lot of development prior to municipal services being available. Some other communities regwte up to 40 acres - Comment [d6] With a 20 acre minimum, width and depth should not be an issue. Staff recommends increase to 200 feet to equal the largest width in the sewered districts; CH=100 ft., B=175 ft, BP=200 ft. Continent [d71. CH=15 feet; BP=30 feet; B=25 feet. Existing uses have setbacks of approx. 17 ft., 20 ft.(shared), 22;ft.(shared), 77 ft, 90 ft., 100 ft, and 123 ft. Subd. 7. Minimum Rear Yard Setback: -fA--a rt:-1-a+-i}cif -4r+ } 75 feet iltslH -- ,311 feet Subd. 8. Corner Lots: Corner Lots shall have a front yard setback adjacent to all abutting streets. +t+Iifl �1-Midi #�aeli: +E: for a v ei lank- less, than -1 -+t —Fe and 50 feet -1%4+ n--v*et-1 el -in +tef-tk+ab-4-zx+e: tba h -41+t}11 be 1.-ebt i++ +r+t+ r +! tct H -ion a-}xI i-1(74-1.3e.F+}to}k-fI +i+irtiet• t+{+1-ii at1t+kt++. Su IA. 9, Commercial Setback from Residential 100 feet_ except as described inch) belu.A. (t.1 A ics uircd yard setback uflitecl t to or across astreet Iiliin a lesiClennal/Uninit diarist shall be increased to 1 tut leer and alandscape buffer which is 50_1erccnt np,itiuc shall be requited vy'iihin thc setback. (h1 1 his required yard setback 11-11V he rer.Ittc.d to I:S feet iia landscape buffer h is 70 LwieentoL.Igucisattuned ithin the sctbedh. Subd. 10. Commercial to Commercial Parking Lot Setback: (a) Front Yard: Parking is allowed to encroach the front yard setback except for the 25 feet adjacent to the front lot line. (b) Side and Rear Yards: Parking is allowed to encroach into the side and rear yard setbacks except for the first five 'tt feet adjacent to the lot line. (c) To accommodate shared or joint use of a parking lot which straddles a common lot line between adjoining properties, the owners of such lots may submit a parking plan to construct a shared parking area. In such instance, the adjoining yard setback requirements may be waived if the parking lot otherwise meets the requirements of the ordinance. Subd. 11. Commercial to Residential Parking Lot Setback: 4+ - ;++11:+;7+, ki-t i +tt1Hiti ed tt e+,�+vatit�fi-+ixta-tl+r-4+e+ni- ,iel es «.'t-�t+4K+�i++ }c� t!le ittit aiue i1 ll 112 +5 1-x+1fe�_�4 Itt,iii ,llr rh i1,ii�i_� e�te4zrti 1 a�,=+r �nElrtlizttniac}r i� n,� +1i-c-�li +mil{a_1't 1kS-t'l?i-t }ii E` Hl-t1tc ?H+1e'._'Hit:-11=re+1 441-+1}t ?t,it1t ilhi,-.- lcl'1 eN Cpt i> 1011(,\\ 1 I I his rccluuc�1�v,ud ,etlr<ici, nsiy iii riduicd to (t (i�i�1 if �t I:lndsiape huller vy Lich i`• iU 11crcdnt opalluc‘ is 1tlantc'd 1 11.11 11 ihi 5c1lkudh. (?i 1 ire 1;uli<yybiih sircul<ui0ri 011 lilt: Irirrs'I iinI 1nit-oach �:it?fin this ;ud siib,r:h. Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard and wetland setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions Ordinance No. ### 6 DRAFT - January 8, 2009 DATE Cominent'td8]: CH=25 feet; B1' 30 i feet; B..25 feet Existing uses have setbacks of 45 it, 70 ft., 75 ft., 220 lt., 995 ft., and 1100 ft, , Comment td93: wetland Protection ordinance would apply Comment OM: Staff recommends increasing this to 100 ft. and consistent with B and BP distrid regulations. C13.50 feet. Existing structures appear to meet this regulation rCommetn tdil]: BP -35 feetB=25 feet; CH=25 feet Existing uses have setbacks of 5 ft, 10 ft, 15 ft„ 17 ft. 20 ft, 30 ft., 39 ft, 65ft., Comment [d12]: BP20 feet; B=15 feet; C1+40 feet. Existing uses have setbacks of 0 ft. (shared), 0 ft. (shared), 0 ft., 20 ft., 257 ft., Comment td13]: Same as BP and B regulations. CH4O feet. overlap, the most restrictive provision of both setbacks applies. Subd. 13. Building Height: No building shall exceed 2 '/2 stories or 30 feet in height. Subd. 14. Sanitary Sewer Usage Rate: No use may exceed a sanitary sewer usage rate of 100 gallons per day per net acre of land. For purposes of this subdivision, net acres equals the total area of the lot, minus wetlands and open water. Not more than 50 percent of the soils suitable for a standard on -site sewage disposal system on any site may be disturbed or covered by hard surfaces. For purposes of this subdivision, a hard surface includes any non -natural surface which is impervious to water, including but not limited to buildings and paved or gravel -surfaced drives, walks and parking areas. The City may require such documentation and testing as it deems appropriate in order to ensure compliance with these standards, including requiring the installation and maintenance of a water meter to measure daily maximum use. Section 835.06 02. Connection to Sanitary Sewer When Available. Property within the Rural Commercial Holding District is intended for eventual inclusion within the area served by municipal urban services. All lots served by an individual on -site sewage disposal system must be connected to sanitary sewer and the individual on -site sewage disposal system properly abandoned when there is a change in the use of the property, a failure of the individual on -site sewage disposal system or within one year of the date sanitary sewer becomes available to the lot, whichever occurs first. Section 835.07 0$. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. The design and development standards for the Rural Commercial Holding District are the same as those specified for the_ ctoinnicr. 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Ordinance No. ### 8 DRAFT - January 8, 2009 DATE SECTION II. The Medina code of ordinances is amended to add new section 835.2 et seq. as follows: 835.2 - ZONING — RURAL BUSINESS HOLDING DISTRICT Section 835.2.01. Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for business reserve in the city's comprehensive plan. The rural business holding zone includes areas of the community lying outside of the area in which urban services are currently available to business uses but which will be added to the urban service area in the future. Section 835.2.02. Permitted Uses. Within the Rural Business Holding District the following uses shall be permitted, subject to site plan approval, the sanitary sewer usage limitations set forth herein, and other applicable provisions of the city code: (1) Permitted uses of the Business Park zoning district, as described in Section 832.1.02 of the city code, except the following shall not be permitted uses: (a) Day care facilities (b) Educational facilities (c) Hospitals and inpatient services (d) Hotels/Motels (e) Laboratories (f) Nursing homes, assisted living facilities, and similar uses (g) Licensed residential facilities (h) Religious institutions, conference halls, lodges, places of assembly, and other similar uses (i) Physical fitness clubs (2) Agricultural Use, but not including the growing or production of livestock, livestock products or aquaculture. Section 835.2.03. Conditional Uses. The following shall be permitted within the RBH district, subject to conditional use permit approval, the specific requirements established in Section 832.3.09, the sanitary sewer usage limitations set forth herein, and other applicable provisions of the city code: (1) Conditional uses of the Business Park zoning district, as described in Section 832.1.03 of the city code, except the following shall not be permitted uses: (a) Day care facilities (b) Educational facilities (c) Hospitals and inpatient services (d) Hotels/Motels (e) Laboratories (f) Nursing homes, assisted living facilities, and similar uses (g) Licensed residential facilities Ordinance No. ### 9 DRAFT — January 8, 2009 DATE Comment (d15]: Option: Remove prohibition against livestock (h) Religious institutions, conference halls, lodges, places of assembly, and other similar uses (i) Physical fitness clubs (2) Outdoor recreational facilities such as golf courses, driving ranges, etc. Section 835.2.04. Accessory Uses. The following accessory uses shall be permitted within the RBH district, subject to applicable provisions of the city code and provided such use is subordinate to and associated with a permitted or conditional use: (1) Accessory Uses of the Business Park zoning district, as described in Section 832.1.04 of the city code, except the following shall not be permitted uses: (a) Food service for employees and their guests (b) Residential uses Section 835.2.05. Interim Uses. Within the RBH district, the following interim uses, if existing prior to the effective date of this ordinance, shall be allowed without obtaining an interim use permit until such time as the property is redeveloped. If an interim use is damaged or destroyed by fire, storm, or other hazard, it may be reconstructed without obtaining an interim use permit, if a building permit is applied for within 180 days of the event causing the damage. Expansion of the use or improvement of the property in an amount greater than 50 percent of its current value shall be permitted only by interim use permit. (1) Single Family Detached Dwellings Section 835.2.06. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage Rate. The following minimum requirements shall be observed, subject to additional requirements, exceptions and modifications set forth in other sections of this ordinance. Subd. 1. Lot of Record: A lot of record, which existed on or before December 31, 1999 and has one or more of the following shall be considered buildable without requiring a variance provided all other provisions of the ordinance are met. (d) less than the required lot size, but more than 1 acre (e) less than the required lot width (f) less than the required lot depth Subd. 2 Minimum Lot Area: 20 acres. Additionally, each lot must contain 5 acres of contiguous soils suitable for a standard individual on -site sewage disposal system as defined in section 820.29 subd. 4(a) and subd. 5 in compliance with section 720 Individual Sewage Treatment Systems. Subd. 3. Minimum Lot Width: 200 feet. Ordinance No. ### 10 DRAFT — January 8, 2009 DATE Comment:[d16]: These uses are included in the existing RCH ordinance, but not in the CH districts These could be a logical shun -term use of the property prim to utilities being staged. Should these be included? Ccmnsent [d17]: Staff recommends a minimum lot size in addition to the "5 - acre suitable soilregulation. Without such a regulation, there could be a lot of development prior to municipal services being available. Some other conammities require up to 40 acres comment idle]: with a 20 sere minimum, width and depth should not be an issue. Staff raxmtnends 200 feet to equal the largest width m the severed districts; CH 100 ft., 8=175 ft., BP=200 Subd. 4. Minimum Lot Depth: 200 feet. Subd. 5. Minimum Front Yard Setback: 50 feet, Subd. 6. Minimum Side Yard Setback: 30 feet: If the lot is part of an integrated development, the interior side yard setback may be reduced to 15 feet in order to accommodate shared use of loading dock circulation, fire lanes or other site improvements, or to configure buildings in a way to screen loading docks. Subd. 7. Minimum Rear Yard Setback: 30 feet. Subd. 8. Corner Lots: Corner Lots shall have a front yard setback adjacent to all abutting streets. Snbd. 9. Commercial Setback from Residential: 100 feet, except as described in (b) below. (c) A required yard setback adjacent to or across a street from a residential zoning district shall be increased to 100 feet and a landscape buffer which is 50 percent opaque shall be required within the setback. (d) This required yard setback may be reduced to 75 feet if a landscape buffer which is 70 percent opaque is planted within the setback. Subd. 10. Commercial to Commercial Parking Lot Setback: (d) Front Yard: Parking is allowed to encroach the front yard setback except for the 35 feet adjacent to the front lot line. (e) Side and Rear Yards: Parking is allowed to encroach into the side and rear yard setbacks except for the first 20 feet adjacent to the lot line. (f) To accommodate shared or joint use of a parking lot which straddles a common lot line between adjoining properties, the owners of such lots may submit a parking plan to construct a shared parking area. In such instance, the adjoining yard setback requirements may be waived if the parking lot otherwise meets the requirements of the ordinance. Subd. 11. Commercial to Residential Parking Lot Setback: 75 feet, except as follows: (1) This required yard setback may be reduced to 50 feet if a landscape buffer which is 70 percent opaque is planted within the setback. (2) Fire lanes which are not utilized for traffic circulation on the parcel may encroach within this yard setback. Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard and wetland setback or other required setbacks shall be used for building, or other use. No impervious surface shall be located in any required setback except for approved driveways, parking lot, walks, and trails approved by the City. When setback provisions overlap, the most restrictive provision of both setbacks applies. Ordinance No. ### 11 DRAFT - January 8, 2009 DATE Continent td19j: CH=15 feet; BP=30 feet; B=25 feet Existing uses have setbacks of approx. 17 ft., 20 ft.(shared), 22 R.(shared), 77 fl., 90 ft.; 100 ft., and 123 ft. Comment (d20]: CH=25 feet; BP=30 feet; f3=25 feet. Existing uses have setbacks of 45 ft., 70 ft., 75 ft., 220 ft., 995 fl and 1100 ft Comment (d21]: Staff recommends 1001t. consistent with B and BP district regulations. CH=50 feet. Existing structures appear to meet this regulation Comment (d22]: BP=35 fear, B=25 feet; CH=25 feet. Existing uses have setbacks of 5 ft., 10 ft., 15 ft., 17 ft., 20 ft, 30 ft., 39 ft., 65 ft., (Comment (d23]: BP=20 feet; B=15 feet; CH=10 feet. Existing uses have setbacks of 0 ft. (shared), 0 ft. (shared), 0 ft., 20 ft., 257 ft., Comment (d24]: Same as BP and B regulations. CH -40 feet. Subd. 13. Building Height: No building shall exceed 2 '/2 stories or 30 feet in height. Subd. 14. Sanitary Sewer Usage Rate: No use may exceed a sanitary sewer usage rate of 100 gallons per day per net acre of land. For purposes of this subdivision, net acres equals the total area of the lot, minus wetlands and open water. Not more than 50 percent of the soils suitable for a standard on -site sewage disposal system on any site may be disturbed or covered by hard surfaces. For purposes of this subdivision, a hard surface includes any non -natural surface which is impervious to water, including but not limited to buildings and paved or gravel -surfaced drives, walks and parking areas. The City may require such documentation and testing as it deems appropriate in order to ensure compliance with these standards, including requiring the installation and maintenance of a water meter to measure daily maximum use. Section 835.2.07. Connection to Sanitary Sewer When Available. Property within the Rural Business Holding District is intended for eventual inclusion within the area served by municipal urban services. All lots served by an individual on -site sewage disposal system must be connected to sanitary sewer and the individual on -site sewage disposal system properly abandoned when there is a change in the use of the property, a failure of the individual on -site sewage disposal system or within one year of the date sanitary sewer becomes available to the lot, whichever occurs first. Section 835.2.08. Design and Development Standards. Design and development standards are established for this district to achieve a high standard of development by providing assurance that land uses, buildings, and functions are compatible within the district and with adjacent districts. The plans and the proposed use of a property shall conform to the design and development standards prior to approval of any permit. The applicant or owner shall supply data necessary to demonstrate such conformance. The design and development standards for the Rural Business Holding District are the same as those specified for the business districts, as described in Section 832.3 of the City Code. 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 , 2010. Ordinance No. ### 12 DRAFT — January 8, 2009 DATE T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this _ day of , 2010. Ordinance No. ### 13 DRAFT — January 8, 2009 DATE ATTACHMENT 2 - Commercial Standards Medina City Code 838 Commercial Zoning District SECTION 838.5 — DESIGN AND DEVELOPMENT STANDARDS FOR ALL COMMERCIAL DISTRICTS Section 838.5.01. Generally. The standards of this Section shall apply to all commercial zoning districts, subject to requirements set forth in other sections of this ordinance. These standards are established to reduce the impact of commercial uses on surrounding land uses and to achieve a high standard of development. Section 838.5.02. Building Materials and Design. Subd. 1. Building Materials. All exterior building materials shall be durable and meet the following standards: (a) A minimum of 30 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 70 percent may be decorative concrete, split face (rock face) decorative block, and/or decorative pre -cast concrete panels. Decorative concrete shall be color impregnated in earth tones (rather than painted) and shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent may be wood, metal (excluding copper), or fiber cement lap siding, if used as accent materials which are integrated into the overall building design. Subd. 2. Building Modulation. Buildings shall be modulated a minimum of once per 40 feet of building perimeter to avoid long, monotonous building walls. This modulation may include varying building height, building setback, or building materials/design. The portions of building which exceed two stories or 35 feet shall be set back a minimum of six feet from the lower portion of the building. Subd. 3. Building Fenestration and Transparency. Building elevations which face a public street shall include. generous window coverage. Alternative architectural elements may be approved by the city when windows are not practical. Subd. 4. Multi -sided Architecture. Any rear or side building elevation which faces a public street, an interior access drive for the development, or a residential zoning district shall include design and architectural elements of a quality generally associated with a front facade. The elevation(s) shall be compatible with the front building elevation. Additional signage shall be permitted for an elevation facing a public street or interior access drive, as regulated within the sign ordinance. Multi -sided architecture shall not be required in situations where the rear or side building elevation is fully screened from view from the adjacent street or residential property. Section 838.5.03. Landscaping Requirements. 838 Commercial Zoning District Page 16 of 26 Medina City Code 838 Commercial Zoning District Subd. 1. Generally. The entire lot shall be landscaped, except for areas occupied by buildings, walks, trails, parking lots, drives, loading docks, plaza space, wetlands, wetland buffers, and woodlands. Landscaping shall include trees, shrubs, plantings, and sod. Areas may be seeded if determined to be practically necessary by the city. Properly maintained natural vegetation may also be utilized. Integrated stormwater management practices, such as vegetative swales, vegetated filter strips, bioretention, and raingardens, shall be considered landscaping and shall not be excluded from the gross acreage of the parcel when calculating impervious surface coverage. Subd. 2. Building Setting. At least 10 feet of landscaped area shall be provided adjacent to all buildings except for walks, outdoor sales areas, plaza space and approved loading docks. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings. Subd. 3. Overstory Deciduous Shade Trees and Coniferous Trees. A minimum of one tree per 50 feet, or fraction thereof, of lot perimeter shall be required. (a) Size. Deciduous trees shall not be less than 2.5 caliper inches measured four feet off ground, and coniferous trees shall not be less than six feet in height. (b) Location. Tree location shall be approved by the city prior to planting. (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species, as listed within the tree preservation ordinance are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. (d) Credit for Preserved Trees. The city may reduce the required number of overstory trees if an applicant preserves more existing trees than required by Subd. 9 of Section 838.5.03. The trees shall satisfy the requirements of Subd. 3 of Section 838.5.03. The city shall determine the amount of credit granted for such existing trees. Subd. 4. Ornamental Trees. A minimum of one tree per 100 feet, or fraction thereof, of lot perimeter shall be required. (a) Size. Trees shall not be less than two caliper inches measured four feet off ground. (b) Location. Tree location shall be approved by the city prior to planting. (c) Type. Trees shall be suitable for the soil and site conditions and compliment others in the area. Native species are required unless otherwise necessary. No more than 25 percent of trees may be of a single species. Subd. 5. Understory Shrubs. In addition to trees, a full compliment of understory shrubs shall be provided to complete a quality landscape treatment of the lot. Shrubs shall be potted and a minimum of 24 inches. In no instances shall the number of shrubs be less than one per 30 feet, or fraction thereof, of lot perimeter. Subd. 6. Parking Lot Landscaping. A minimum of eight percent of the total land area within parking, driveway, and loading dock areas shall be landscaped. 838 Commercial Zoning District Page 17 of 26 Medina City Code 838 Commercial Zoning District (a) Landscaping at least 12 feet in width shall separate parking lots into cells of no more than 120 stalls. (b) Landscaping shall break up rows of parking approximately every 20 spaces. (c) Shade trees shall be included within the landscaping. Species selection shall be guided by soils conditions and trees shall be planted in a way which increases the likelihood of long-term survival. (d) Where practical, the landscaping areas shall be designed to receive stormwater runoff from the adjacent parking area. Subd. 7. Maintenance. Provisions shall be made to irrigate landscaping areas as necessary, consistent with the water usage regulations. The property owner shall be responsible to see that the approved landscaping plan is maintained in an attractive and well -kept condition and to replace any landscaping that does not survive. Subd. 8. Landscaping Guarantee. The owner shall guarantee the growth and maintenance of all plants for a minimum of two growing seasons following an inspection of all completed plantings. The owner shall submit a financial guarantee, in a form acceptable to the City, prior to issuance of a building permit to ensure the planting and survival of the plantings. Any plant which does not survive or has severely declined (for example, 25% of the crown has died in the case of trees) shall be replaced, and the replacement should be guaranteed for an additional two growing seasons. The City shall retain financial guarantee in an amount necessary for any replacements. Subd. 9. Tree Preservation. Removal of significant trees and any construction activity within commercial districts shall be subject to the requirements set forth by the City's Tree Preservation Ordinance Section 828.41. Section 838.5.04. Utilities, Mechanical Equipment, and Trash and Recycling Facilities. Subd. 1. Utilities. All utilities shall be placed underground. To the extent possible, all utility equipment, meters and transformers shall be placed either inside of the building or within an outside mechanical court formed by walls. If not located within the building, these items shall be fully screened from view from adjacent property and streets through the use of opaque landscaping or walls constructed of materials which are compatible with the building. Subd. 2. Mechanical Equipment. All HVAC and other mechanical equipment shall be designed, located, and/or screened so they are not visible from adjacent property or public streets. (a) Rooftop Equipment. Equipment shall be screened through the use of architectural elements and materials which are compatible with the overall design of the building. Wood fencing or chain link fencing with slats shall not be permitted. (b) Ground Equipment. Equipment shall be screened with walls which are constructed of materials which are compatible with the building or with landscaping which is opaque during the entire year. 838 Commercial Zoning District Page 18 of 26 Medina City Code 838 Commercial Zoning District Subd. 3. Trash and Recycling Facilities. All trash and material to be recycled shall be stored within the principal building, within an accessory structure, or within an enclosed outdoor area adjacent to the principal structure. The accessory structure or enclosed area shall be constructed of similar materials and have compatible architecture as the principal structure and shall abide by yard setback requirements. Section 838.5.05. Screening. All structures, parking areas, and loading areas shall be screened from adjacent residential property. In situations where screening is required by the zoning ordinance or as a term of a conditional use permit, the following standards shall be satisfied through the use of fences, walls, or vegetative screens. Subd. 1. Standards for vegetative screens. Vegetative screens shall consist of fully hardy plant materials, planted in a way to be at least 80 percent opaque year-round. The height of the screen shall be determined by the city, taking into account the characteristics of the object(s) or area being screened, but shall be of adequate size immediately upon planting. The plants within a vegetative screen shall be in addition to the general landscaping requirements of this section. Subd. 2. Standards for screening fences or walls. A screening fence or wall shall be constructed of attractive, finished materials such as masonry, brick or wood. Materials and design shall be compatible with the principal structure. The height of the fence or wall shall be determined by the city taking into account the characteristics of the object(s) or area being screened. Subd. 3. Maintenance. The property owner shall be responsible for ensuring that fences and walls are not in disrepair and that planting screens are maintained in a neat and healthful condition. Failure to do so shall be a violation of this ordinance and may be deemed a nuisance, subject to necessary enforcement procedures. Subd. 4. Berming. If an earth berm is proposed to supplement the screening, the berm shall be undulating in order to give a natural appearance. Section 838.5.06. Outside Storage of Service Vehicles. A limited number of vehicles utilized for the use permitted on a property may be stored within the required off-street parking area. One vehicle for every 10,000 square feet of building footprint, or portion thereof, shall be allowed. Vehicles shall be currently licensed, operable, less than 24 feet in length, and not more than 12,000 lbs. of gross vehicle weight. Additional vehicles and larger vehicles than allowed above shall be parked inside of buildings, within a loading dock, or within an outside storage area as regulated herein. Section 838.5.07. Loading Docks. Subd. 1. Screened from Residential. No loading dock shall be visible, to the fullest extent possible, from any residential zoning district. Screening may be accomplished through 838 Commercial Zoning District Page 19 of 26 Medina City Code 838 Commercial Zoning District one or more of the following: using buildings to screen, opaque landscaping, decorative walls, or decorative fencing. Subd. 2. Location. No loading dock shall encroach into the required setbacks for the front yard or a side yard adjacent to a street. Loading docks shall be located, and landscaping shall be utilized so as to minimize visibility from streets. Section 838.5.08. Supplemental Requirements for Specific Uses within Commercial Zoning Districts. In addition to the general standards specified for conditional uses in section 825.39 of the City Code and other requirements of this ordinance, the following uses shall not be permitted unless the city council determines that all of the specific standards contained in this subdivision will be met: Subd. 1. Structures which exceed 50,000 square feet of floor area. (a) The structure may only be utilized for a use which is permitted in the zoning district in which it is located. (b) Required Front, Rear, and Side Yard Setbacks shall be increased to 50 feet. (c) Structures and loading areas shall be no less than 100 feet from residential zoning districts. Parking shall be no less than 80 feet from residential zoning districts. (d) The city may require increased landscaping and screening to minimize the impact of intensive traffic within parking and loading areas. (e) The city may require additional landscaping, screening and architectural elements to minimize the impact of longer building facades. (f) A detailed traffic analysis may be required by the city to determine traffic control needs. Subd. 2. Assembly and Manufacturing of light industrial products (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Equipment specifications shall be submitted. Vibration and noise reduction measures, and conditions related to building layout may be required by the city. Measures may be required regarding ventilation systems in order to prevent adverse effects of exhaust or emissions on adjoining property or tenant spaces. (c) Specific provisions shall be identified for property storage and disposal of fuels, chemicals, and any other hazardous materials. Subd. 3. Automobile, Marine, and Trailer Sales or Rental (a) Inventory shall be stored and displayed inside of a building or within an approved outdoor storage area, which shall meet the standards required herein. (b) No inoperative vehicles shall be stored on the premises, unless in the process of being repaired and are stored within a building. (c) On -site repair or maintenance of vehicles shall be subject to the conditions established for Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops above. (d) No test driving of vehicles shall be permitted on local residential streets. (e) All vehicle dealers shall be licensed by the state. 838 Commercial Zoning District Page 20 of 26 Medina City Code 838 Commercial Zoning District Subd. 4. Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops (a) The structure containing the use shall be no less than 125 feet from residential districts. (b) Vehicles parked outside awaiting service or pick-up shall be located in an area which is fully screened from neighboring properties and from the right-of-way. (c) No inoperative vehicles shall be stored on the premises, unless in the process of being repaired and are stored within a building. (d) All repair functions shall occur within an enclosed building. (e) No sales, storage, or display of automobiles shall be permitted unless a conditional use permit is granted for such a use. (f) Equipment specifications shall be submitted. Vibration and noise reduction measures may be required by the city. (g) Additional screening may be required to limit sight and noise impacts of service bays. (h) Adequate provision shall be made for proper inside storage of all new and used petroleum, chemical, liquid, and other products. (i) Towing operations shall be permitted as an accessory use, but only if allowed as part of the conditional use permit and if clearly subordinate to the principal use. The city may apply necessary conditions and limitation on this use. Subd. 5. Automobile Towing (a) Towed vehicles shall be stored inside of a building or within an approved outdoor storage area, as regulated herein. (b) No inoperative vehicles shall be stored on the premises, unless stored within a building. (c) No salvaging, crushing or recycling of vehicles shall be permitted. (d) Additional screening may be required adjacent to the area where vehicles are loaded into the building and/or approved outdoor storage area. Subd. 6. Car Washes or Auto Detailing (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Additional screening may be required to limit sight and noise impacts of service bays. (c) Equipment specifications shall be submitted. Noise reduction measures may be required by the city. (d) Adequate provisions shall be made for circulation and stacking. Stacking requirements shall be based on the specifications of the car wash and the amount of time required to wash a car. Subd. 7. Drive -through services (a) All parts of the drive -through lane(s) shall be no less than 200 feet from residential zoning districts. (b) Drive -through lanes shall not be permitted within required yard setback areas. (c) The site plan shall allow adequate pedestrian circulation, vehicle circulation, and vehicle stacking which does not interfere with on -site parking and loading. 838 Commercial Zoning District Page 21 of 26 Medina City Code 838 Commercial Zoning District (d) The drive -through shall allow adequate stacking and circulation so as to avoid impacts on adjacent property or public right-of-way. (e) The City may require additional necessary conditions to limit the impact of drive -through lanes on surrounding property, including but not limited to: limiting hours of operation, restricting drive -through lane orientation, limiting the volume of loudspeakers and ordering devises, and/or requiring additional landscaping, berming, or other means of screening. Subd. 8. Hospitals (a) Hospital structure(s) shall not be located within 1,500 feet of a residential zoning district. Additionally, the primary vehicular access point to the hospital shall not be located within 1,500 feet of a residential zoning district. (b) Primary access shall be located on a road designated as a collector or arterial. (c) No heliport shall be located within 1,500 feet of a residential zoning district. (d) A traffic analysis shall be submitted which specifically takes emergency vehicle access into consideration. (e) A detailed plan shall be submitted for parking (long- and short-term), access, and pedestrian circulation based on the operation of the hospital facility. Subd. 9. Indoor Recreational Uses. (a) Entrances for public access, as well as other outdoor areas where patrons may congregate, shall be no less than 200 feet from residential districts. (b) Provisions for noise reduction shall be identified based on the type of use proposed. Subd. 10. Motor Fuel Stations (a) Fuel pumps and structures shall be no less than 200 feet from residential zoning districts. (b) No ingress or egress to the site shall be provided within 60 feet of the projected curb lines of intersecting streets. (c) Fuel pumps shall be installed at least 12 feet from required yard setbacks. (d) Stacking shall be provided at each fuel pump island which does not interfere with vehicle or pedestrian circulation. (e) Site drainage and stormwater facilities shall be designed to limit the potential impact of fuel spills and other hazardous materials. (f) Any protective canopy shall meet the required yard setbacks of the district, but in no case shall be located closer than 20 feet from a property line. The canopy structure shall be constructed using materials and architectural design which are compatible with the principal structure. Canopy lighting shall be recessed or fully shielded and shall meet the outdoor lighting requirements of this ordinance. (g) No sales, rental, repair, or maintenance of motor vehicles or trailers shall be permitted unless these uses are part of the conditional use permit approval and meet the requirements set forth herein for the specific use. (h) Additional screening may be required to limit the impact of headlights on adjacent property. 838 Commercial Zoning District Page 22 of 26 Medina City Code 838 Commercial Zoning District (i) Modification of the requirements of this section may be made for fuel stations in existence prior to February 1, 2001 if the city council finds that, because of the shape of the lot, size of the lot, location of the principal structure, or similar circumstances that it would be impossible to satisfy the strict terms of this section or that they could be satisfied only by imposing exceptional undue hardship upon the owner of the lot. Subd. 11. Outdoor dining and/or drinking areas (a) The outdoor space shall be at least 200 feet from any residential zoning district. (b) The area shall be directly adjacent to the principal structure, and be clearly delineated by fencing or decorative landscaping. (c) The area shall not interfere with fire safety access to the building. (d) Outdoor speakers and lighting shall be designed to limit impacts on adjacent property or right-of-way. (e) Pervious surfacing is encouraged, and if utilized, these areas shall not be considered as an impervious surface. Subd. 12. Outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use (a) The display area shall be directly adjacent to a structure or under a permanent canopy. (b) The display area shall not exceed two percent of the area of the footprint of the principal building or 400 square feet, whichever is less. (c) Goods in the display area shall be organized and neatly stored. (d) The display area shall not occupy parking/loading or landscaping areas, and shall not interfere with fire safety access to the building. Subd. 13. Outdoor recreational sports courts (a) Conditions shall be required to minimize the impact of noise and lighting, and also to minimize the likelihood of the recreational activity spilling over onto adjacent property or right-of-ways. These conditions may include, but are not limited to: limiting hours of use, restricting the location of the court, and requiring fencing or screening. (b) The sport court shall not be located in the front yard or a side yard adjacent to a right-of-way, and shall abide by structure setback requirements. Subd. 14. Pet Stores or Veterinarian Clinics (a) Shall not be located within 200 feet of a residential zoning district. (b) Animals may not be kenneled outside. However, an outdoor area not to exceed 2,000 square feet may be utilized by the animals. The outdoor area must be well maintained and animal waste must be picked up. The City may apply necessary conditions to limit the impact of the outdoor area on neighboring properties, 838 Commercial Zoning District Page 23 of 26 Medina City Code 838 Commercial Zoning District including but not limited to: fencing and screening, hours of use, number of animals permitted outdoors at one time, and other factors. (c) The site and building plans shall be designed in a way to reduce noise. This shall include floor plan layout, ventilation plans, and window and door locations. (d) The site plan shall identify provisions for proper storage and disposal of hazardous materials, medical waste, and animal waste. Subd. 15. Seasonal Farmers Market. (a) A farmers market may operate no more than two days per calendar week and no more than 60 days per calendar year. (b) No outside storage shall be permitted when the market is not operating. (c) Sales may take place within required yard setback areas, provided adequate traffic, parking and emergency vehicle access are maintained. Sales shall not occur within landscaped areas. (d) A farmers market shall only be permitted if the adequate on -site parking exists for both the accessory use and the permitted or conditional use occurring simultaneously. (e) A temporary sign no larger than 32 square feet per side shall be permitted. This sign shall be displayed only during operating hours, and shall be permitted in addition to other signage on the property. (f) Tents, stands, or other temporary structures shall only be permitted during operating hours. (g) Provisions shall be made for the proper disposal of garbage and recycling, and all litter shall be disposed of properly. (h) Prior to operating a farmers market, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Subd. 16. Seasonal Flea Market (a) A flea market may operate no more than one day per calendar week and no more than 30 days per calendar year. (b) No outside storage shall be permitted when the market is not operating. (c) Sales may take place within required yard setback areas, provided adequate traffic, parking and emergency vehicle access are maintained. Sales shall not occur within landscaped areas. (d) A flea market shall only be permitted if the adequate on -site parking exists for both the accessory use and the permitted or conditional use occurring simultaneously. 838 Commercial Zoning District Page 24 of 26 Medina City Code 838 Commercial Zoning District (e) (0 (g) (h) A temporary sign no larger than 32 square feet per side shall be permitted. This sign shall be displayed only during operating hours, and shall be permitted in addition to other signage on the property. Tents, stands, or other temporary structures shall only be permitted during operating hours. Provisions shall be made for the proper disposal of garbage and recycling, and all litter shall be disposed of properly. Prior to operating a flea market, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Subd. 17. Outdoor Storage of Materials and Inventory. (a) Outside storage shall not be permitted on parcels less than 3 acres in size. (b) The area of storage shall not exceed an area equal to 10 percent of the gross area of the lot or 20 percent of the footprint area of the principal structure, whichever is less. (c) The area of storage shall not be located within the front yard or a side yard adjacent to a right-of-way. (d) The area of outside storage shall be set back a minimum of 50 feet from all property lines, and a minimum of 100 feet from a residential zoning district (e) The area of storage shall be surfaced with a material approved by the city, and may not be gravel. (f) The area of storage shall be fully screened from neighboring properties and from the right-of-way. If a fence is used for screening, additional landscaping shall be required adjacent to the area of storage, which shall not be counted towards the landscaping requirements of the site. Similarly, if natural screening is utilized, these plantings shall not be counted towards landscaping requirements. Subd. 18. Temporary Outdoor Sales Events. (a) Sales events shall not be conducted on a property for more than 50 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. 838 Commercial Zoning District Page 25 of 26 Medina City Code 838 Commercial Zoning District (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergencyvehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Subd. 19. Warehousing, Wholesaling, and Distributors more than 10,000 but less than 20,000 square feet (a) The structure containing the use shall be districts. (b) Additional screening may be required to intensive truck circulation on the site. no less than 200 feet from residential minimize impact of noise because of Amendment History of this Section Adopted March 17, 2009 (Ord 458). 838 Commercial Zoning District Page 26 of 26 [ATTACHMENT 3 - Business Regulations 1 Medina City Code 832. Zoning — Business Park and Business Districts Section 832.3.09. Supplemental Requirements for Specific Uses within the Business Park and Business Districts. Subd. 1. Adult Establishments. Shall meet the requirements of Section 645 of the Medina City Code. Subd. 2. Automobile, Marine, and Trailer Sales or Rental (a) Inventory shall be stored and displayed inside of a building or, if permitted in the district, within an approved outdoor storage area, which shall meet the standards required herein. (b) No inoperative vehicles shall be stored on the premises, unless in the process of being repaired and are stored within a building. (c) On -site repair or maintenance of vehicles shall be subject to the conditions established for Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops below. (d) No test driving of vehicles shall be permitted on local residential streets. (e) All vehicle dealers shall be licensed by the state. Subd. 3. Automobile Repair, Oil Lubrication Service Shops, Auto Body Shops (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Vehicles parked outside awaiting service or pick-up shall be located in an area which is fully screened from neighboring properties and from the right-of-way. (c) No inoperative vehicles shall be stored on the premises, unless in the process of being repaired and are stored within a building. (d) All repair functions shall occur within an enclosed building. (e) No sales, storage, or display of automobiles shall be permitted unless a conditional use permit is granted for such a use. (f) Equipment specifications shall be submitted. Vibration and noise reduction measures may be required by the city. (g) Additional screening may be required to limit sight and noise impacts of service bays. (h) Adequate provision shall be made for proper inside storage of all new and used petroleum, chemical, liquid, and other products. (i) Towing operations shall be permitted as an accessory use, but only if allowed as part of the conditional use permit and if clearly subordinate to the principal use. The city may apply necessary conditions and limitation on this use. Subd. 4. Automobile Towing (a) Towed vehicles shall be stored inside of a building or within an approved outdoor storage area, as regulated herein. (b) No inoperative vehicles shall be stored on the premises, unless stored within a building. (c) No salvaging, crushing or recycling of vehicles shall be permitted. (d) Additional screening may be required adjacent to the area where vehicles are loaded into the building and/or approved outdoor storage area. 832. Zoning — Business Park and Business Districts Page 17 of 23 Medina City Code 832. Zoning — Business Park and Business Districts Subd. 5. Car Washes or Auto Detailing (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Additional screening may be required to limit sight and noise impacts of service bays. (c) Equipment specifications shall be submitted. Noise reduction measures may be required by the city. (d) Adequate provisions shall be made for circulation and stacking. Stacking requirements shall be based on the specifications of the car wash and the amount of time required to wash a car. Subd. 6. Drive -through Services (a) All parts of the drive -through lane(s) shall be no less than 200 feet from residential zoning districts. (b) Drive -through lanes shall not be permitted within required yard setback areas. (c) The site plan shall allow adequate pedestrian circulation, vehicle circulation, and vehicle stacking which does not interfere with on -site parking and loading. (d) The drive -through shall allow adequate stacking and circulation so as to avoid impacts on adjacent property or public right-of-way. (e) The City may require additional necessary conditions to limit the impact of drive - through lanes on surrounding property, including but not limited to: limiting hours of operation, restricting drive -through lane orientation, limiting the volume of loudspeakers and ordering devises, and/or requiring additional landscaping, berming, or other means of screening. Subd. 7. Educational Facilities, including post secondary (a) Parking areas shall be no less than 200 feet from residential zoning districts. (b) Playgrounds and outdoor recreational areas shall be set back a minimum of 200 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts. Additional conditions shall be required to minimize the impact of noise and lighting from outdoor recreational areas, and also to minimize the likelihood of the recreational activity spilling over onto adjacent property or right-of-ways. These conditions may include, but are not limited to: limiting hours of use, restricting the location of the court, and requiring fencing, berming or vegetative screening. Subd. 8. Hospital (a) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway. (b) Special traffic flow provisions must be developed for emergency vehicles. (c) All hazardous materials and medical waste must be stored inside the buildings and provisions for storage and disposal must be included in the plan. (d) A detailed rational plan must be developed for parking and access including access parking provisions for doctors, staff, short and long term public parking, pedestrian ways, decorative security lighting, informational signage, and metering or pay facilities if included. (e) No heliport shall be located within 1500 feet of a residential zoning district. 832. Zoning — Business Park and Business Districts Page 18 of 23 Medina City Code 832. Zoning — Business Park and Business Districts Subd. 9. Hotel/Motel (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway; (c) Restaurant and convention / conference facilities shall be allowed as an accessory use, but shall be integrated to and within the principal hotel or motel building and shall occupy no more than 50 percent of the floor area of the building. Subd. 10. Indoor Recreational Uses (a) Entrances for public access, as well as other outdoor areas where patrons may congregate, shall be no less than 200 feet from residential districts. (b) Provisions for noise reduction shall be identified based on the type of use proposed. Subd. 11. Laboratories (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Equipment specifications shall be submitted. Vibration and noise reduction measures, and conditions related to building layout may be required by the city. Measures may be required regarding ventilation systems in order to prevent adverse effects of exhaust or emissions on adjoining property or tenant spaces. (c) Specific provisions shall be identified for property storage and disposal of fuels, chemicals, and any other hazardous materials. Subd. 12. Manufacturing or Assembly of light industrial products (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Equipment specifications shall be submitted. Vibration and noise reduction measures, and conditions related to building layout may be required by the city. Measures may be required regarding ventilation systems in order to prevent adverse effects of exhaust or emissions on adjoining property or tenant spaces. (c) Specific provisions shall be identified for property storage and disposal of fuels, chemicals, and any other hazardous materials. Subd. 13. Medical Offices, with inpatient services or operating from 9 p.m. to 7 a.m. (a) The structure containing the use, parking and loading areas shall be no less than 200 feet from residential districts. (b) All hazardous materials and medical waste must be stored inside the buildings and provisions for such storage and disposal must be included in the plan. Subd. 14. Motor Fuel Stations (a) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway. (b) Fuel pumps and structures shall be no less than 200 feet from residential zoning districts. 832. Zoning — Business Park and Business Districts Page 19 of 23 Medina City Code 832. Zoning — Business Park and Business Districts (c) No ingress or egress to the site shall be provided within 60 feet of the projected curb lines of intersecting streets. (d) Fuel pumps shall be installed at least 12 feet from required yard setbacks. (e) Stacking shall be provided at each fuel pump island which does not interfere with vehicle or pedestrian circulation. (f) Site drainage and stormwater facilities shall be designed to limit the potential impact of fuel spills and other hazardous materials. (g) Any protective canopy shall meet the required yard setbacks of the district, but in no case shall be located closer than 20 feet from a property line. The canopy structure shall be constructed using materials and architectural design which are compatible with the principal structure. Canopy lighting shall be recessed or fully shielded and shall meet the outdoor lighting requirements of this ordinance. (h) No sales, rental, repair, or maintenance of motor vehicles or trailers shall be permitted unless these uses are part of the conditional use permit approval and meet the requirements set forth herein for the specific use. (i) Additional screening may be required to limit the impact of headlights on adjacent property. Subd. 15. Outdoor dining and/or drinking areas (a) The outdoor space shall be at least 200 feet from any residential zoning district. (b) The area shall be directly adjacent to the principal structure, and be clearly delineated by fencing or decorative landscaping. (c) The area shall not interfere with fire safety access to the building. (d) Outdoor speakers and lighting shall be designed to limit impacts on adjacent property or right-of-way. (e) Pervious surfacing is encouraged, and if utilized, these areas shall not be considered as an impervious surface. Subd. 16. Outdoor display of goods used in conjunction with and on the same site as the permitted use or conditional use (a) The display area shall be directly adjacent to a structure or under a permanent canopy. (b) The display area shall not exceed two percent of the area of the footprint of the principal building or 400 square feet, whichever is less. (c) Goods in the display area shall be organized and neatly stored. (d) The display area shall not occupy parking/loading or landscaping areas, and shall not interfere with fire safety access to the building. Subd. 17. Outdoor Storage (a) Outside storage shall not be permitted on parcels less than 3 acres in size. (b) The area of storage shall not exceed an area equal to 10 percent of the gross area of the lot or 20 percent of the footprint area of the principal structure, whichever is less. (c) The area of storage shall not be located within the front yard or a side yard adjacent to a right-of-way. 832. Zoning — Business Park and Business Districts Page 20 of 23 Medina City Code 832. Zoning — Business Park and Business Districts (d) The area of outside storage shall be set back a minimum of 50 feet from all property lines, and a minimum of 100 feet from a residential zoning district (e) The area of storage shall be surfaced with a material approved by the city, and may not be gravel. (f) The area of storage shall be fully screened from neighboring properties and from the right-of-way. If a fence is used for screening, additional landscaping shall be required adjacent to the area of storage, which shall not be counted towards the landscaping requirements of the site. Similarly, if natural screening is utilized, these plantings shall not be counted towards landscaping requirements. Subd. 18. Parking Structures (a) The parking structure shall not exceed the height of the principal structure on the parcel. (b) The parking structure shall abide by the exterior building material requirements of the district and be consistent with the architectural design of the principal structure. (c) The parking structure shall not extend into required yard setbacks in the same way allowed for surface parking. (d) Additional landscaping and screening requirements may be required to reduce the visibility of the parking structure. Subd. 19. Physical Fitness Clubs and Dance Studios which are greater than 5,000 square feet in floor area or include outdoor activity areas in the Business district, or any Physical Fitness Club or Dance Studio in the Business Park district (a) Shall not be located within 200 feet of a residential zoning district. (b) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway; (c) Conditions shall be required related to the outdoor area to minimize the impact of noise and lighting, and also to minimize the likelihood of the activity spilling over onto adjacent property or right-of-ways. These conditions may include, but are not limited to: limiting hours of use, restricting the location of the court, and requiring fencing or screening. (d) Outdoor activity areas shall not be located in the front yard or a side yard adjacent to a right-of-way, and shall abide by structure setback requirements. Subd. 20. Pawn Shops (a) Shall not be located within 200 feet of a residential zoning district. (b) Shall abide by relevant licensing requirements. Subd. 21. Retail and Service uses related to animals (a) Shall not be located within 200 feet of a residential zoning district. (b) Animals may not be kenneled outside. However, an outdoor area not to exceed 2,000 square feet may be utilized by the animals. The outdoor area must be well maintained and animal waste must be picked up at least daily. The City may apply necessary conditions to limit the impact of the outdoor area on neighboring 832. Zoning — Business Park and Business Districts Page 21 of 23 Medina City Code 832. Zoning — Business Park and Business Districts properties, including but not limited to: fencing and screening, hours of use, number of animals permitted outdoors at one time, and other factors. (c) An indoor exercise area shall be required if the 2,000 square feet of outdoor area is not sufficient for the planned use according to responsible animal care guidelines. (d) The site and building plans shall be designed in a way to reduce noise and odors. This shall include floor plan layout, ventilation plans, and window and door locations. (e) Floor and wall building materials in areas frequented by animals shall be non -porous. (f) The site plan shall identify provisions for proper storage and disposal of hazardous materials, medical waste, deceased animals, and animal waste. Subd. 22. Telecommunication Towers. Shall meet the requirements of Section 828.75 of the Medina City Code. Subd. 23. Temporary Outdoor Sales Events (a) Sales events shall not be conducted on a property for more than 50 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be 832. Zoning — Business Park and Business Districts Page 22 of 23 Medina City Code 832. Zoning — Business Park and Business Districts responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Subd. 24. Warehousing, Wholesaling, and Distributors in the Business Park zoning district (a) The structure containing the use shall be no less than 200 feet from residential districts. (b) Shall be located on property which abuts an arterial roadway or abuts a collector roadway no more than 1,000 feet from an intersection with an arterial roadway. (c) Conditions may be required by the city to minimize adverse impacts of the noise of truck circulation on nearby residential property, including but not limited to: limitations on loading dock orientation and additional screening/landscaping requirements. Amendment History of this Section Adopted February 20, 2001 (Ord 325). Amended February 17, 2004 (Ord 363). Added Subsection 825.04.1 regarding interim use in BPD. Amended August 2, 2006 (Ord 410). Deleted clause (v) of subd. 1 of subsection 832.07 regarding signs. Amended November 17, 2009 (Ord 471). Extensive changes to Business Park Zoning District and created new Business Zoning District. 832. Zoning — Business Park and Business Districts Page 23 of 23 Agenda Item: 8 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: January 8, 2010 MEETING: January 12, 2010 Planning Commission SUBJ: City Council representation — January -June 2010 The City Council requests that a Planning Commissioner be present at each of their meetings in order to provide a report of the Commissions latest activities. Please bring your calendars for the first half of the year and we will assign Commissioners for the meetings through June. Representative Alternate January 19, 2010 February 3, 2010 (Wed.) . February 16, 2010 March 2, 2010 March 16, 2010 April 6, 2010 April 20, 2010 May 4, 2010 May 18, 2010 June 1, 2010 June 15, 2010 July 6, 2010 City Council Representation January -June 2010 Page 1 of 1 January 12, 2010 Planning Commission Meeting