Loading...
04-3-96 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSIOI WEDNESDAY,APRIL 3, 1996, 7:00 P.M. Rnoer Kni"cm CHANHASSEN CITY HALL,690 COULTER DRIVE CALL TO ORDER OLD BUSINESS PUBLIC HEARINGS 1. Preliminary plat to subdivide 0.862 acres into 2 single family lots on property zoned RSF, Residential Single Family and located on Orchard Lane,Linguist Addition, Steve Linguist. 2. City of Chanhassen is proposing a restoration project that will provide adequate space for a city trail along Co. Rd. 117 (Galpin Lake Road). The proposed project is to fill 0.13 acre (5663 square feet)of Ag-Urban wetlands. Wetlands will be mitigated on site at a ratio of 2:1. The on site creation will provide for the no net loss policy. A 0.22 acre wetland will be created on-site and 0.05 acre will be part of a wetland basin located in a future park in the same development, The Woods at Longacres 3rd Addition. 3. Comprehensive Plan Use Amendment from Office/Industrial to Residential High Density. The applicant is also requesting Conceptual Planned Unit Development approval for a mixed medium density residential and commercial project on property located north of Lyman Boulevard and south of the Twin Cities and Western Railroad tracks, the Village at Bluff Creek, D. R. Horton, Inc. NEW BUSINESS 4. Elect Chair and Vice Chair and adoption of Planning Commission By-Laws. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION 5. Consider Amending IOP, Industrial Office Park District to include Auto Sales. 6. *Item Deleted. ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m.as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If,however,this does not appear to be possible,the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. Item Deleted 6. Springbrook Corporation requesting preliminary plat approval to subdivide 4.45 acres into 9 single family lots on property zoned RSF, Residential Single Family and located to the east of Hwy. 41 and adjacent to Melody Hill Road, Melody Hill. C I TY 0 F PC DATE: Apr. 3, 1996 % I C H A N H A SEN CC DATE: Apr. 22, 1996 �-� CASE#: 94-19 SUB STAFF REPORT PROPOSAL: Preliminary plat approval to subdivide 0.862 acre parcel into two single family lots of 19,388 sq. ft.,and 18,149 sq. ft., Linguist Addition —Z LOCATION: 2540 Orchard Lane V APPLICANT: Steve Linguist 853 Howard Lane _O.. Chaska, MN 55318 Q PRESENT ZONING: RSF, Residential Single Family ACREAGE: 0.862 acres DENSITY: 2.3 Units per Acre ADJACENT ZONING AND LAND USE: N- RSF;Highway 7 S - RSF; Residential Single Family E- RSF; Residential Single Family, Legal Nonconforming Q Office Building W- RSF; Residential Single Family LJ WATER AND SEWER: Sewer and water are available to the site. -Lu '_. PHYSICAL CHARACTER: The site contains a single family residence and four sheds. —(/) 2000 LAND USE PLAN: Residential Low Density t O � O O O pO h MNO O O OrQ FJ N N (VN t� N 42:, N R RD I 1 r -‘.........../'-‘.........../' ��� ,N MAN Nillili mom. MI ��:a '�1 !''t,Alb► : :. fa Rik,SE IN p .000% yap A < ..;1,v14:7 ismaik gni f 1-*A9R147,244./`+'ck.7,11111■611111/i// , as tow. :cx.044,;.-.1 Agit,iiir 111111: win zl pi mir in• P RKAN F/ELD44731, YM . _=_,_),... j 9 , , I em• — VIII ? iii..1, ,;LE T 2.. _ ‘, _______ \_ ).0._:L_.1), __, !. 1. r LAKE .._..,0.7.,, , c. . 41 7.0 _.c. �' M/NNEWASHTA 14/ �4i CN,,,..;*-;' ii I ,, , ,( �Q LUCY \ I -, /// REGIONAL -1 n i /1 ( _ PARK - - _ t LAKE \� HXRRISON ' • 1, �, �� -- �•.. I Q i qo- 4/ VI ./DRzLF-- # ... o co Mi ----ti, . Mi1 . _ DRIVE � �� � � © vI4p s I�S►�� I ,r _3.(1) ‘1. R7 I. //1111111 r 'Wirt,I 7V111111111 [ Linguist Addition April 3, 1996 Page 2 PROPOSAL/SUMMARY The applicant is requesting approval to subdivide a 0.862 acre site into 2 single family lots. Both _ lots will be available for future construction. The site is located south of Hwy. 7 and north of Orchard Lane. The site will be accessed via Orchard Lane. The proposed lots meet the minimum requirement of the Zoning Ordinance. The site generally slopes to the north.. The grading plan proposes grading on Lots 1 and 2 to prepare this site for house pads. Staff recommends that a drainage swale be designed and constructed along the east line of Lot 2 to maintain drainage around the house to Highway 7 versus onto the adjacent parcel to the east. The Park and Recreation Commission is recommending that park and trail fees be paid in lieu of park land. Staff believes that this plat request is a reasonable one and consistent with guidelines established by the city Comprehensive Plan and Zoning Ordinance. We find it to be well designed. We are recommending that it be approved with conditions as outlined in the report. BACKGROUND On December 12, 1994, the City Council approved a metes and bounds subdivision of the subject property, into two parcels. One parcel contained the single family lot and the second one was reserved for further subdivision. The current subdivision application proposes to divide the second parcel into an additional two lots. SUBDIVISION The applicant is proposing to subdivide a 0.862 acre site into 2 single family lots. The density of the proposed subdivision is 2.3 units per acre. Both lots meet or exceed the minimum 15,000 square foot of area. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. Park and Recreation The Park and Recreation Commission recommended the City Council require full park and trail fees be paid as a condition of approval. Linguist Addition April 3, 1996 Page 3 COMPLIANCE WITH ORDINANCE-RSF DISTRICT Lot Lot Home Home — Area Width Depth Setback Ordinance 15,000 sq. ft. 90' 125' 30' front/rear — 10' sides Lot 1 19,388 sq. ft. 90.05' 243.55' 30' — Lot 2 18,149 sq. ft. 90.05' 233.55' 30' WETLANDS — There appears to be no wetlands on-site. There is a utilized pond near the northwest corner of Lot 2 that is incorporated into the City's Surface Water Management Plan and is discussed below. — SURFACE WATER MANAGEMENT PLAN The City has adopted a Surface Water Management Plan(SWMP). The SWMP will serve as a tool to protect, preserve, and enhance the City's water resources. The plan identifies the stormwater quantity and quality improvements from a regional perspective necessary to allow future — development to take place and minimize its impact to downstream water bodies. In general, the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William — Walker Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on projected future land _ use, and therefore, different sets of improvements under full development were analyzed to deter- mine the optimum phosphorus reduction in priority water bodies. A utilized pond exists on Trunk Highway 7 right-of-way and the City's SWMP indicates that this ponding is proposed to be increased-in the future in order to serve as the water quantity pond for 11.9 acres of drainage area. Based on the SWMP, this pond will be designed to have a normal — water level of 961.7 and a high water level of 964.1. An existing 18-inch discharge pipe is shown on the plan to carry the discharge from this pond north across Highway 7 to a pond in Shorewood. Storm Water Quality The SWMP has established a connection charge for stormwater quality systems. The cash dedication will be equal to the cost of land and pond volume needed for treatment of the — Linguist Addition April 3, 1996 Page 4 phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using the market values of land in the City of Chanhassen plus a value of$2.50 per cubic yard for excavation of the pond if the applicant constructs the pond or $4.00 per cubic yard for excavation of the pond if the City constructs the pond. _ The water quality charge has been calculated at $800/acre for single-family residential property. The proposed development (0.86 acre) would then be responsible for a water quality charge of $688. Fees are reduced based on the costs of the developer's contribution to the SWMP design parameters. Since the applicant is dedicating an additional 15 feet of drainage and utility easement across the back of the lots (0.09 acre),the applicant will receive a credit of$1,623.00 resulting in a net credit of$935.00. Storm Water Quantity The SWMP has established an connection charge for different land uses based on an average, city- wide rate for the installation of water quantity systems. This cost includes all proposed SWMP trunk systems, culverts, and open channels and stormwater ponding areas for temporary runoff storage. The connection charge is based on the type of land use for the area. Fees will be based on the total developable land. Undevelopable area(wetlands), public parks, and existing development is exempt from the fees. The fees are negotiable based on the developer's contribution to the SWMP design parameters. _ Low density developments will have a connection charge of $1,980 per developable acre. The proposed development of 0.86 acre low density would then be responsible for a water quantity connection charge of$1,703.00. By applying the water quality credit of$935.00, the net resulting balance would be$768.00 owed to the City at final plat recording. DRAINAGE The property drains to the north toward Trunk Highway 7. A proposed regional stormwater pond is shown in the SWMP to take runoff from approximately 11.9 acres of land. (See SWMP discussion above.) No additional storm drainage improvements are required at this time as a result of this subdivision. GRADING The lots slope northerly toward Trunk Highway 7. The grading plan proposes grading on Lots 1 and 2 to prepare this site for house pads. Staff recommends that a drainage swale be designed and constructed along the east line of Lot 2 to maintain drainage around the house to Highway 7 versus Linguist Addition April 3, 1996 _ Page 5 onto the adjacent parcel to the east. This grading work should be completed in conjunction with the utility construction process in order to minimize disruption and erosion in the area. Additional erosion control fence should be installed along the front of Lots 1 and 2 to prevent erosion into the — street. A rock construction entrance shall be employed during hauling operations to minimize tracking into the street. STREETS Orchard Lane is not currently constructed to full city urban standards. The street is paved with a — bituminous mat approximately 24 feet wide with minimal storm drainage improvements. Staff believes the current street system is adequate to support this development. UTILITIES Lots 1 and 2 currently do not have sewer service available. The existing sewer line ends at the west line of the parcel located west of the subject property. Therefore, it is necessary for the applicant to extend the city's sanitary sewer line along Orchard Lane approximately 160 feet to the east in order _ to provide service to Lots 1 and 2. The sewer line shall be constructed in accordance to the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required for staff review and City Council approval. If the applicant extends — the sanitary sewer line the connection charges will be waived; however,Lots 1 and 2 will be subject to hookup charges at time of building permit issuance. The hookup charge for 1996 is currently $1,050 for sanitary sewer. The site has two water services available. An additional water service — will need to be extended across Orchard Lane. Since the parcel was assessed for one water services, Lot 2 will be subject to a $1,375 water hookup charge and a $3,500 connection charge at time of building permit issuance. In turn, the City will be responsible for extending this water — service to Lot 2. LANDSCAPING/TREE PRESERVATION — Canopy coverage for the site is approximately 15% and consists of various sized maples and _ pines. The locations of the house pads utilizes an open area of the site and fits well for tree preservation. Tree removal is minimal. According to plans only four trees appear necessary to remove and realistically could be transplanted elsewhere on site due to their relatively small _ sizes. A twenty inch maple is close to the grading limits, but is easily preserved using city approved preservation techniques. The existing coverage of the site is below the minimum coverage required for low density residential (25% coverage required). The applicant, therefore, will be required to increase coverage by .19 acres to meet the minimum. This is a total of eight trees. — Linguist Addition April 3, 1996 Page 6 MISCELLANEOUS The plans propose landscaping materials within the future ponding area in the backyard of Lot 1. These plantings need to be relocated outside the proposed drainage and utility easements to avoid having to relocate/remove them in the future. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Subdivision #94-19 as shown on the plans dated March 1, 1996, subject to the following conditions: 1. The applicant shall be responsible for extending sanitary sewer service to Lots 1 and 2. The City shall be responsible for extending water service to Lot 2. Detailed construction plans and specifications in accordance with the City's latest edition of Standard Specifications and Detail Plates shall be submitted to the city engineer for review and City Council approval with final plat consideration. The applicant shall also enter into a development contract with the City and provide the City with a financial escrow to guarantee installation of the sewer line and street restoration. 2. Access to all lots shall be limited to Orchard Lane. 3. The applicant shall apply for and obtain permits from the MWCC, Health Department, and PCA for extension of the sanitary sewer line. 4. The applicant shall be responsible for a storm water quality/quantity charge of $768.00. These fees are payable to the City prior to final plat recording. 5. No landscape materials shall be planted within the northerly 25 feet of Lots 1 and 2. This area is reserved for future stormwater ponding. 6. Type I erosion control fence shall be installed along the front of Lots 1 and 2 during site grading and a rock construction entrance employed and maintained until truck hauling operations are completed. 7. Lots 1 and 2 will be subject to sanitary sewer and water hookup charges and Lot 2 will be subject to a water connection charge. These charges shall be collected per City Ordinance at time of building permit issuance. Linguist Addition April 3, 1996 — Page 7 8. Drainage swales shall be designed and constructed along the east line of Lot 2 and the west line of Lot 1 to maintain drainage between the houses to Highway 7. 9. Full park and trail fees be paid at the time of building permit approval in the amount of the park fee in force at the time of building permit application. 10. Tree preservation fencing must be installed prior to excavation or any construction on the site. The tree fencing may follow the proposed erosion control fence as drawn on the grading plan received by the city March 1, 1996. Erosion control fence shall also be — extended along the east, west and south sides of the lot at the grading limits. 11. The applicant shall preserve the 20-inch maple located on Lot 1 and consider transplanting the four pines within grading limits along the eastern property line of Lot 2. 12. The applicant shall plant 8 trees on site. Lots 1 and 2 shall receive two trees each in the front yard. The remaining 4 trees may be planted anywhere on site outside of drainage and utility easements." ATTACHMENTS — 1. Application 2. Public hearing and property owners list. — 3. Plat dated March 1, 1996. CITY OF CHANHASSEN • 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: ,>is) ,cam ., OWNER: ADDRESS: O .5 3 " 2 "i ADDRESS: 7Y2'/ TELEPHONE (Day time) 4 c.1 - '- 2 F TELEPHONE: Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit — Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE$ - • �A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION 0 fl.citetAl.qq LEGAL DESCRIPTION .5-6-1,4u d I- 2 - TOTAL ACREAGE I. 0 II_ L_ o H , 7li Li • g 2 e 4 ci S 3 . c12 WETLANDS PRESENT YES NO PRESENT ZONING I2 / REQUESTED ZONING > __,rJ 14-411 PRESENT LAND USE DESIGNATION / f REQUESTED LAND USE DESIGNATION Fi 4,<.241 j�UCy , �» ,1 /.,•,,,,,.L) 1 Uyi exe4 2 1- REASON REASON FOR THIS REQUEST a �� ��y f - f 3 2v4 44:14/ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning — Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written _ notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom — the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title,Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day - extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. / 2 9 Signature of Applicant Date Signature of Fee Owner Date /�'� -7 Application Received on r ; / Fee Paid J `' Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. o 0 8 $ n v /� N N CV' - NOTICE OF PUBLIC SAN R R0 I HEARING s�is PLANNING COMMISSION WIEllrf.gif.,, MEETING ' �� �.'!' • 1 �7 — Wednesday, APRIL 3, 1996 1 1"111 •4( 47i-qL kizzEri 1.TA :IIIlid _ at 7:00 p.m. iir N,• .(, �,yt,�i� City Hall Council Chambers _ ,_,_ 690 CoulterWednesPhi HERMAN F/ELD PAR — Project: Linguist Addition 4 gip Developer: Steve Linguist I: Location: Orchard Lane ifsiitr,,et. , , Notice: You are invited to attend a public hearing about a development proposed in your — area. The applicant is proposing a preliminary plat to subdivide 1.6 acres into 2 single family lots on property zoned RSF, Residential Single Family and located on Orchard Lane, Linguist Addition, Steve Linguist. What Happens at the Meeting: The purpose of this public hearing is to inform you — about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. — 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments:If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to _ someone about this project,please contact Sharmin at 937-1900, ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 21, 1996. 3l _jilas;),Li p/q0 IC?- - C. E. Jr. & Marjorie Woosley Steven& Sandra Blom Linda Conner — 4783 Hamilton Road 2511 Orchard Lane 2521 Orchard Lane Minnetonka, MN 55343 Excelsior, MN 55331 Excelsior, MN 55331 Rhonda Studer Donald & Shirley Livingston Richard& Yvonne Brown 2611 Orchard Lane 2621 Orchard Lane 2630 Orchard Lane — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Ralph&E. Livingston Gail Knutson John&Jill Huber 2631 Orchard Lane 2641 Orchard Lane 2651 Orchard Lane _ Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Patrick& Virginia Hanily Harold& Terry Janecky ' William& Suzanne Johnson 2660 Orchard Lane 2661 Orchard Lane 2670 Orchard Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 — Chester Butterfield Lawrence& Pam Freiberg Jeffrey & Wanda Kamrath — 2671 Orchard Lane 2730 Orchard Lane 2731 Orchard Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Geoffrey Pope Robert& Joan Riessleman Terry Stodola _ 2740 Orchard Lane 6320 Forest Circle 6330 Forest Circle Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Warren& Mary Lou Olson Kingston Spurbeck James& Candace Storm 6340 Forest Circle 6350 Forest Circle 6360 Forest Circle — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Michael Renninger& Jeremy& Beth Cone Kathryn Kladek Michelle Walonick 6320 Minnewashta Woods Dr. 6321 Minnewashta Woods Dr. 6310 Minnewashta Woods Dr. Excelsior, MN 55331 Excelsior, MN 55331 — Excelsior, MN 55331 Alan& Jacqueline Harris William & Patricia Wisniewski John W. III & Patricia Bonk — 6331 Minnewashta Woods Dr. 6340 Minnewashta Woods Dr. 6341 Minnewashta Woods Dr. Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Darrell & Judy Hinklin Thomas & Barbara Harer Thomas Fisher _ 6345 Minnewashta Woods Dr. 6347 Minnewashta Woods Dr. 6349 Minnewashta Wood Dr. Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Harold Jr. & Cynthia Golden Paul & Carolinda Prenevost Robert Alford 6350 Minnewashta Woods Dr. 6351 Minnewashta Woods Dr. 6355 Minnewashta Woods Dr. — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 — Ralph Jr. & Kathryn Hegman Dana&Nancy Johnson Timothy& Mary Colleran 6361 Minnewashta Woods Dr. 50 Pleasant Lane W. 6560 Minnewashta Pkwy. — Excelsior, MN 55331 Tonka Bay, MN 55331 Excelsior, MN 55331 — Dean&Jean Simpson Kenneth& Diane Lund Elsbeth Reutiman (6561 Minnewashta Pkwy.) 7185 Hazeltine Blvd. 5915 Galpin Lake Road 7185 Hazeltine Blvd. Excelsior, MN 55331 Shorewood, MN 55331 — Excelsior, MN 55331 Rick Bateson William& Delores Ziegler James & Jody Majeres — 6440 Oriole Ave. 6441 Oriole Ave. 6450 Oriole Ave. Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Mike& Diana Dudycha Richard& Paulette Oftedahl Agnes Anderson 6451 Oriole Ave. 6461 Oriole Lane 6470 Oriole Ave. — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Robert& June Bauer Ronald & Rita Stevens Peter& Joan Olson 2700 Sandpiper Tr. 2720 Sandpiper Tr. 2721 Sandpiper Tr. — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 _Frank& Judith Scott Matthew Gilroy& Harlan& Betty Ninow 2730 Sandpiper Tr. Mary Rose McKenna Gilroy 2740 Sandpiper Tr. Excelsior, MN 55331 2731 Sandpiper Lane Excelsior, MN 55331 — Excelsior, MN 55331 Stephen & Mary Hughes Frank& Linda Young Douglas& Kathleen Roper —2741 Sandpiper Tr. 2750 Sandpiper Tr. 2751 Sandpiper Tr. Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Raymond Hinderaker& Howard& Ruth Schmidt Thomas & Edna Schonecker _Kimberly Becker 2810 Sandpiper Tr. 2820 Sandpiper Tr. 2800 Sandpiper Tr. Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Arnold& Anne Weimerskirch Olive Wilson Neumann Henry& Donna Bechthold 2831 Sandpiper Tr. 2841 Sandpiper Tr. 2722 Piper Ridge Lane —Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Charles III & C. Rosenberger Darrell & Laurice Johnson Dean& Delores Erickson 2727 Piper Ridge Lane 2731 Piper Ridge Lane 2762 Piper Ridge Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Jeffrey& Lesly Bornmann Randolph& Kelly Herman Fred Britzius& Susan Stewart 2771 Piper Ridge Lane 2792 Piper Ridge Lane 2444 64th Circle — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Gregory & Michelle Curtis Shawn &Joanne Killian Mark& Danielle Steele 2446 64th Circle W. 2449 64th Street W. 2451 64th Street W. — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Gary & Janet Reed Gary& Pennie Reed Current Resident 2461 64th Street W. 2741 64th Street W. 2448 West 64th Street Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 — Returned 11/30/94 Thomas& Rebecca Dorr Howard& Michelle Nelson Dean & Judith Bersie — 2447 64th Street W. 35 East Co. Rd. E. Apt. 311 2800 Tanagers Lane Excelsior, MN 55331 Little Canada. MN 55117 Excelsior, MN 55331 Stewart& Marilyn Peterson Arthur& Ronelva Kimber _ 2810 Tanagers Lane 2820 Tanagers Lane Excelsior, MN 55331 Excelsior, MN 55331 Katherine Olsen Todd & Leslie Pederson Per& Laurie Jacobson 2821 Tanagers Lane 2837 Tanagers Lane 2840 Tanagers Lane — Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Michael & Kristine Arone Herbert& Patricia Pfeffer Christopher&Julia Holden 2841 Tanagers Lane 2850 Tanagers Lane 2851 Tanagers Lane Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 • — CITY OF 't Ito CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Phillip Elkin, Water Resource Coordinator DATE: March 25, 1996 SUBJ: The Woods At Longacres 3rd Addition Wetland Alteration Permit 93-5 Background The wetlands are located along Galpin Boulevard (CR 117) at the Third Addition of the Woods at Longacres development (see Figure 1). This project would fill 0.13 acres of existing Ag-Urban wetlands, found in two basins, to provide adequate space for a future City trail along Galpin Boulevard. The wetlands would be replaced on-site at a two to one ratio in accordance to the Wetland Conservation Act and the City's surface water management plan. Lundgren Brothers Construction Company has agreed to complete these alterations upon approval, as part of their grading plan for the Third Addition to the Woods development. These wetland alterations are separate from the developer's plan. Lundgren Brothers Construction have received city approval and permits from pertinent agencies for wetland alterations due to the Woods development. This grading was covered under the conditions of final plat approval for The Woods development. Since these wetland impacts primarily benefit the City,the City has agreed to process the alteration permits. Wetland Impacts Figure 2 shows the impact area and replacement plan of wetlands F and G. The plan shows that wetland F which is .06 acres will be filled bordering Galpin Boulevard and a new detention pond will be created in the remaining area. Wetland G will have 0.07 acres filled on its east border. This wetland is connected to a storm water culvert along Galpin Boulevard which drains west to a larger wetland basin. The area on the west edge , II k Planning Commission The Woods at Longacres 3rd - j March 28, 1996 1 Page 2 of wetland G will be expanded to accommodate 0.14 acres of the mitigation. This I wetland will continue to function with the culvert draining to the east. The remainder of the mitigation(0.05 acres) will be completed as part of a park near wetland A, in the 1 future development of Longacres. Analysis . I Staff has reviewed this plan and has found that it meets the requirements of both the City's Surface Water Management Plan and the Wetland Conservation Act. The I replacement of wetland loss will be provided at a ratio of 2:1. The wetland impacts will , be necessary to construct the city trail on the east side of Galpin Boulevard. Construction at this time will allow the mitigation to occur on site, rather than waiting for future it impacts when this land will be unavailable. The mitigation of this site will be completed along with the remaining wetland mitigation and storm pond construction at the Woods development. RECOMMENDATION I , Staff recommends the Planning Commission adopts the following motion: . "The Planning Commission recommends approval of Wetland Alteration Permit 95-4 for The Woods at Longacres 3rd Addition subject to the following conditions: 1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. I 2. General Permit 17 under the Army Corps of Engineers is applicable and should be completed by the City. I 3. The City shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. Type III erosion control fencing - ill will be required around the existing wetlands." ATTACHMENT I 1. Reduced plan. g:kng\phillip\wedands\permits\longcres.%Nap I ilit • 0 Fl CIUV'e n r. — v 0Y 0 © O0 r' .0m n ^o jz r D m _ H m (-)w * a n -1 Illir :, dip ,,,, 7,t., fla.1 O - i 2 co y N )I P., O•^9.M Z + i ra`'tr r Ja 1 d O 11. I 10` D V o m 0 k Zm0 II - A\ O\ Y— W Q JJ \ 6�__ � • -1-1x Iso it ~O �, �, 1 o Va � �. Ilogri ,.111111b AqI.° N Ur lIl 4111.1111,711,mar C A .._ - lb,. ,s. . ,..../ ti C- f' 1 t z ��ai 't A _ 0 , 1 Z 1 2 in, 4 , ,,,\ Ili \s, �g p�' ... ,.a -4:_it. � sa g ibj 411 ter} ,' 1 ,z. 1 : i "-'-'7;' yo C` \ ! .'"..- ,7,' --__-=' -.J. „-,..-,., 'N.,.,:-"Z‘ "--.2-.-......--....1::,---„...\,....._.......---•;,,,-/ rte • ��� �'.. ��r � , • - 44111 / '', 00- - ; e•74.'4"`. ‘ %^kr: �' •,i.fig- ^ o 1 .1,......,.,„..,... •, ....: : . ....1.' • •••• ao` • lb • ilt i O %' r � • �' f .............k."!-- tom. s 4. v�Ce` r,T�,•.• ' ' i i ...1" •s. • ' . A I . )e 'i 1% 'calf .--I:0e _---,•,,,p......,.. •-•-...,:- —_ , ir!... . ,.., „.... ..„ lit `,...\, ,‘,...,•..- , ,,, -. ... , ,.... 0 _.....„,„:... .5., 46, g . •.. •�� �` <; ..i i _ �� / 3. ), -....r. s` i r/•I k- _ i 1 ;� . "4,4101. ���i \�` , X ~A-•-••••-- �� `moi Il '(> `�. .�` - - /j. I°i \ tr �1 \ /�(]�/.y i / " rl- ( — -), =- - rif/V- 0 — ` • tet ..Yi(—‘,43,1? --`4412(1 'K• �• , i -""1 :_ ,I�Q /t / i - . l X .4 1. „ sT ile t . *fee -4. 1 . /../.:?-4ii ., 0„,/,._ ,, g. 1.1". r• I ( '' II , I 6.F-.7, /41. .%. \\.--7,\--I.--d. tk,** •r-, te;. AN , ..-z---.7-------. . .... ;I I° 7";---,:t ,- 1 r 7. ;:::____—....-"T ::,.. .:. ‘ . 1;1•1•Az:t. _ r: .- ,....,of „.....- . .• wk .a.c...7..4. 1.,,,,,,, / , / _. ..... .....„... . . ....., , I.4t; ,...7:771,,,,0 ,a__ _. 1 ),) , d•-; _47.<4.01. ' ....„...- 1414•0411wr , ii i„,.< ;.-/--;,,-----___ .--:-...t,.. --cm.. % ,ti 31 • , l C - 7t \\\.- " oift-fiff ._*hal " ..!` -1....---•li • �... , s r i -__ i . , -..: - --ij--- --------- '"ISSW 0,00. AAA ill 'kr,-,P'' 1 / : .1,- . .t. : - I. ; .. ..... 7. /de- i. .-Iik; t (r. '' ; f r ! it 1, ,, ,' , . , ,, Mg ,-;1;% ' row,, lr �,i t . \• � I �W. rte_-_ �. ;1 /1,- f�. 1 ;� j/' j/hr�l:lt ,i• Hca _tv._ f -.\' • I(r is rt r�•!i Y N ,1 ` 02_0 .r _A----4-7. p`�. �y�`_is r�.. ' f , of . ` 1 ,' „ / ', / P'� ( ��` - gy l . cf) :. • .. . ' � , 1 . Ick /v --\viz._: .� • o r. d .� 1 t i ,'� s v \ 6' ., tom- — ':1 / ' l •. 1.• ' ft i ii. ��c7i a �� 1 I R` j. `� -- -2---;1 ::.: •- -.:----.-- - id- ' ...C:'.tas C:•--t--- rit‘iiii 1 i k )1 . !`!--- •-• ,-7..--__-t---- .4,4 \ V r 1 -- 'In • / 1 •,'/? . ir--- I rn rn co --- ________4 ... .- ?),, ‘ .VI' I -.47 ,,,04 A • // • iii* , --4 8 _nab_ .•A . ._.„... A 7- y,,, / •-• ' ' ' 14* i 4 I -• 1..- ‘ N \ 1P-il \A•\ :y/, f'i 'ly-,--, �!• • , 7 '..cn-.mono: -\ ii. 4 1 • 1 %007 , /*. e. 0 tc,, os iii ' .A/ si 'i' _ , • �4 �I�I - � 1 � 1- 11� 1I it/1\ .�, t c •o o t r � /- 1 .1 ter^ I SCHOELL & MAG-iON, INC. ENGINEERS,SURVEYORS, PL.ANINfeRS } ENVIRONMENTAL SERVICES,SOIL TESTING - Correspondence to: Field Office:. 10580 Wayzata Blvd.Suite 1 7887 Fuller Road,Suite 115 Minnetonka,MN 55305 Eden Prairie,MN 55344 (612)546-7601 (612)934-0796 Fax 0612)546-9065 CLIENT: Lundgren Brothers PROJECT: The Woods at Longacres 3rd Addition JOB NUMBER: 60120-206 SUBJECT: Wetland Mitigation BY: TGL DATE: 1-30-96 TOTAL AREA OF WETLANDS: G: 5,942.26 Sq. Ft. .14 Acres F: 2,784.39 Sq. Ft. .06 Acres TOTAL 8,726.85 Sq. Ft. .20 Acres WETLAND ALTERED: G: 2,970.75 Sq. Ft. .07 Acres F: 2,784.39 Sq. Ft. .06 Acres TOTAL 5,755.14 Sq. Ft. .13 Acres WETLAND MITIGATION AT 2:1 11,510.28 Sq. Ft. .27 Acres AREA MITIGATED IN WOODS 3rd: 9,438.20 Sq. Ft. (Basin G) .22 Acres AREA TO MITIGATE ELSEWHERE: 2,072.08 Sq. Ft. (In wetland basin A by future park) .05 Acres CITY isF PC DATE: 4/3/96 NICC DATE: 4/22/96 �1+ . CASE #: 96-1 PUD By: Generous:v STAFF REPORT PROPOSAL: Request for Comprehensive Plan Land Use Amendment from Office/Industrial to Residential High Density and Commercial: request for Conceptual Planned Unit Development approval for a mixed medium density residential and commercial project,the Village at Bluff Creek — Z LOCATION: North of Lyman Boulevard and south of the Twin Cities and Western Railroad tracks U — J APPLICANT: D. R. Horton, Inc. (L George Seagraves, Vice President — Q. 3459 Washington Drive, Suite 204 Q Eagan, MN 55122 (612)454-4663 ext. 118 PRESENT ZONING: A2, Agricultural Estate District ACREAGE: 92.0: commercial-5.22 acres, flood plain-17.31, open space-17.45. residential-52.02 DENSITY: 5.48 units/acre (gross) 9.69 units/acres (net on 52.02 acres) ADJACENT ZONING AND LAND USE: N- A2, telephone bldg., railroad tracks, and RSF, Stone Creek Addition _ S - A2, Chaska electric substation, Lyman Blvd. E - bluff creek, RSF, Bluff Creek Estates Add., and RR, Sun Ridge Add. QW- Lyman Blvd., industrial park in Chaska r-,,. ' WATER AND SEWER: Available to site. -w PHYSICAL CHARACTER: The site is currently actively farmed. An extensive flood plain/wetland I. is located in the eastern portion of the property adjacent to bluff creek. Additional wetlands are located --- in the north, west and southwest on the parcel. A high point of 974.3 elevation is located in the central — J portion of the property which slopes away to the north, south, east, and west. An area of bluff, as defined by City Ordinance, is located to the east of the high point of the site with a 60 foot elevation change in 170 feet. ----2444 i ANTI LSE PLAN• Clt 'Pf1nrhictriai oY14111Pal4414221.4114k \.v r.(1 rY — McGLYNN rf;. R�•O , .. � - a pito .•, 4611,411P4WEBS dillik. • leill i iii.'AIP um L $*1• ihrAldwiimir aik , 'R/06 • • 1 *-7 Ofrarliallir 4161 L:*':(:-.S ...1 p pi ape , ..,„. /'� ESSE/ (PVT V - ,,,.:, BM NM .c•O .., \)\. VIS1' solo to..? 4' „. i‘ 11,,,,f...:..... ,..4._, 100 An CO IA tit •-‘0 7,4 rot. Q 4111 II laisirg; ir PARK •� � * a, V� ds� : 1 Pt�R or v1Ew - ,-I kfalliiiir.-- 4 =Pm 2. it,.. um_, ' .y7 1 Eill S COURT 101071n.G • r 4 1 U ra A � R � K C� OSPREY /' � ' ' 11 4 t'3¢:%:s��: ;.��;:',::;:,_:1::';i;';<��:`f::�:r:.:rrC:i%'ift:J-�ii:�`:2:`�:{;i:::;�. 1A1r1!1 L 4NE J � �-��• � F1�/ ,:„:..,::::„i:.:;::... :,.i:. : :,ing::m_.-i.mi;:;g:a ,.:.;n:i:i..::::,::„. ,!:_: :.:v6,i:.y.i.i,::_:A,i::::::00 .Air,411‘nr„44 --,._ #4640*ffi ii --? >>•.�:A FL•MINGO DR Q UN R 1 r. •� –÷(2,.. 41 (I :{mss\iy',vt _ y. xLYM— ihk coL 1 ip Alir I + ':`rT V ,,, Ilt ov. vi;:,:ilzp.A-4,-.* Ak, lg. nal 'ffil,CI -iv L • ATION � ' _ HAH, \ _ U . Q / N/1\N 1 N )< , �1 _ \ , 1l� 1 ` 1 � 1 Village on the Bluff March 6, 1996 Page 2 PROPOSAL/SUMMARY It is the intent of the developer to develop a townhome community in three to five phases over a number of years. Conceptually,the site plan calls for a main boulevard extension to a town square and connection to a trail system. Housing types include back-to-back , row type townhomes in clusters of four to 12 units and a unit row type townhome. The town square feature will include active and passive recreation areas together with a shelter structure and transit opportunities. The commercial component of the development is proposed in the southwest corner and the south of the site on either side of the electric substation. The total site consists of 92 acres. The applicant proposes the following distribution of uses within the project: residential - 52 acres(57 percent), open space - 17.4 acres (19 percent), flood plain - 17.3 acres (17.3 percent), and commercial - 5.5 acres(5 percent). Based on the initial concept, staff believes that the proposal exceeds the carrying capacity of the site. Excessive grading of the site would be required to permit the proposed development. The development does not acknowledge nor plan for the preservation of the bluff area within the project. Wetlands that appear in the city's wetland maps are not shown or preserved. The proposed development would be required to prepare a mandatory Environmental Assessment Worksheet due to the scope of the project. Staff is concerned that a reduction in the city's industrial land use is not in the best interest of the community in terms of maintaining an appropriate balance of land uses,preserving an appropriate tax base mix, or providing a range of employment opportunities. In addition,the applicant has not proposed a development that would maintain the natural features of the site, and, in staffs opinion, is more environmentally intrusive on the site than a well designed industrial/office park would be. The applicant states that the requested multi-family project might meet some of the affordable housing goals of the city. However, it appears that this project is excessive, concentrating 504 units within the parcel. The applicant is proposing a multi-family subdivision on land designated as office/industrial while large areas of appropriately designated residential lands are vacant. This site was guided for office/industrial in the 1991 Comprehensive Plan partially because it was adjacent to the industrial expansion coming from the south in Chaska. In addition,the site is adjacent to a collector roadway, providing high levels of access. The city's comprehensive plan and zoning ordinance require extensive buffering between industrial uses and single-family residential. An industrial development on this site could be easily buffered from existing residential neighborhoods. Village on the Bluff March 6, 1996 — Page 3 Staff is recommending that the requested Land Use Map amendment be denied. We are consequently recommending denial of conceptual PUD and the rezoning of the property from A2 to PUD due to inconsistency with the comprehensive plan. Because of staffs recommendation to deny the land use map amendment and rezoning, staff has not reviewed the site plan except as an overview of some of the basic issues. REZONING/COMPREHENSIVE PLAN — The applicant is requesting a comprehensive plan amendment for this property from Office/Industrial to Residential - Low Density. This property was one of four areas that was designated for Office/Industrial use as part of the 1991 comprehensive plan update. At that time, there was a remaining supply of 95 acres of vacant industrial land in Chanhassen. For the — continued well being of the community and in the interest of promoting a balance of land uses, Chanhassen established a plan that would accommodate a reasonable amount of industrial office development in the future. With that goal in mind,the city assessed where it would be — reasonable to allow this development to occur. In undertaking the analysis, the location of existing industrial office development in Chaska was reviewed, existing and proposed roads and highways necessary to provide high levels of access were assessed, and the need to provide the — buffering of existing residential neighborhoods were examined in detail. The result of the analysis was to add additional office/industrial land totaling 638 acres for a total — industrial land use area of 1,099 acres representing 8.2 percent of the city's total land area of 13,327 acres. The proposed amendment would eliminate 92 acres of office/industrial land from the city. This represents approximately eight percent of the office/industrial land in the city. — This area is currently being used for agricultural purposes and is adjacent to the industrial _ expansion coming from the south in Chaska. Staff believes that a compelling argument would have to be made to demonstrate why the land use designation for this area should be changed. The applicant's arguments for amending the comprehensive plan are: — "The Mattson property has been on the market for a long time." "From a land planning perspective, it becomes apparent that the Mattson property is a transitional site. That is to say that a land use between industrial and single family residential should be the most appropriate use for the parcel. Prudent planning principles (practices) would — dictate that you do not design office-warehouse-industrial in close proximity to expensive single family developments. Candidates for transitional land use could include commercial, institutional and higher density residential." — "With land prices being as high as they are, coupled with limited higher density zoned area for residential development, this proposal presents an opportunity for the City of Chanhassen to Village on the Bluff March 6, 1996 Page 4 provide affordable housing opportunity while improving the viability of the industrial positioned land." "At the current rate of industrial land absorption,the City will have a surplus of industrially zoned land well into the future, vacant industrially zoned land that could be generating tax dollars for the City sits as an untapped resource. High density residential, while not equal to industrial zoned land in its tax generating capacity, produces tax revenue nonetheless. In the case of the Mattson property, if the land, by way of residential development, were to start producing tax revenue in 1997 and continue add-infinitum, the tax base for the City would far outweigh a higher tax rate that cannot be collected in the neat future on industrially zoned property." In 1992, the American Planning Association undertook a study of land use ratios in 66 municipalities. The summary of this survey was published in the American Planning Association,PAS Memo of August 1992. Industrial land use ratios for communities under 100,000 averaged seven percent with a range of 0 to 25 percent. Included in the study was a summary of a land use study by Eisner and Associates of land use ratios compiled between 1939 and 1985. The Eisner study showed a range of industrial land uses between 10 and 11 percent. It is illustrative to look specifically at two communities: Columbia, Maryland, a 1960s planned community, and Oak Creek, Wisconsin, an upper midwest community comparable in population to Chanhassen. Columbia's residential land use components is 43 percent of its land area. Its commercial and industrial land uses represent 20 percent of the land area. It is assumed that the uses are evenly distributed between commercial and industrial. Oak Creek's land uses are distributed as follows: residential - 37 percent, commercial - 8 percent, and industrial - 12 percent. Chanhassen's land use ratios are as follows: residential -42.2 percent, commercial - 2.1 percent, and industrial - 8.2 percent. As can be seen, Chanhassen's industrial and commercial components are smaller than either of these communities, while its residential component is proportionate to both of the communities. These ratios will also be considered when we examine future land use of properties currently outside of the Metropolitan Urban Services Area(MUSA). Staff is concerned that a reduction in the city's industrial land use is not in the best interest of the community in terms of maintaining an appropriate balance of land uses, preserving an appropriate tax base mix, or providing a range of employment opportunities. In addition, the applicant has not proposed a development that maintains the natural features of the site, and, in staffs opinion, is more environmentally intrusive on the site than a well designed industrial/office park would be. However,the applicant is, instead,proposing a multi-family subdivision, with some commercial, on land designated as office/industrial while large areas of appropriately designated lands, either in low, medium, or high density, are vacant. Village on the Bluff March 6, 1996 — Page 5 This site was designated for office/industrial use partially because it was being used for non- residential and non-agricultural purposes and was adjacent to the industrial expansion coming from the south in Chaska. In addition,the site is adjacent to two collector roadways, providing high levels of access. The city's comprehensive plan and zoning ordinance require extensive — buffering between industrial uses and single-family residential. An industrial development on this site could be easily buffered from existing residential neighborhoods. Previously, the Planning Commission has directed staff to address the following issues regarding the removal of office/industrial land uses: Replacement lands in Chanhassen for industrial commercial. Financial impact of taking this property out of industrial/commercial zone. Traffic and noise impacts. — Replacement Staff has performed a cursory review of potential industrial replacement lands. Due to existing development patterns, the need for balance in land uses, and severe environmental constraints, additional industrial land uses north of Lyman Boulevard would be impractical. As part of the — Highway 5 study, an additional 28 acres of land east of the new elementary school site has been redesignated as office/industrial. Conversely, the Arboretum has purchased 30 acres of land on Highway 41 and 82nd Street that is designated for office/industrial use for expansion of the — public/semi-public use of the Arboretum. There is a potential for industrial land uses within the southern 1995 study area. Properties along Audubon Road and south of Lyman Boulevard could be designated for office/industrial uses for the same reasons that this property was guided for office/industrial (access, encroaching — industrial development from Chaska, and ability to buffer from residential developments). However, there are limitations in the amount of land that could be developed industrially because of topographic and hydrologic features. In addition, some of these lands are being looked at as part of the city's Park Task Force for acquisition as open space. Financial Impact — Staff has performed the tax revenue analysis of a residential and commercial development versus an industrial office development of the site. Since valuation of the property can only be — estimated at this time, staff has used the affordable value for the residential component, assumed a floor area ratio (F.A.R.) of 0.2 for commercial, and assumed a F.A.R. of 0.15 for industrial uses. Residential property values in this analysis are estimated at $115,000. Commercial — Village on the Bluff March 6, 1996 Page 6 building square footage is estimated at 45,477. Industrial building square footages are estimated at 600,000 square. As a comparison,the estimated F.A.R. for Chanhassen Business Center is — 0.149 (13.85 acres of building divided by 93.02 acres of land). Residential Value: $115,000 — One Percent of first$72,000 720 Two percent of balance 860 Subtotal $1,580 Tax Capacity 137 percent $2,165 — Multiply by 504 units $1,091,160 City's share of taxes 20 percent $218,232 Commercial — Building Area: 45,477 sq. ft. Taxes(@$3.50/sq.ft.) $159,168 City's share of taxes 20 percent 31,833 Industrial — Building Square Footage 600,000 Valuation: $35 per square foot $21,000,000 _ Three percent of first$100,000 3,000 4.6 percent of balance 961.400 Subtotal $964,400 — Tax Capacity 137 percent $1,321,228 City's share of taxes 20 percent $264,246 City's share of taxes within TIF 50 percent $660,614 Village on the Bluff March 6, 1996 — Page 7 (In order to facilitate industrial development,the city may establish a TIF district. That is the — reason for including the TIF tax share figure. These figures represent the impact of fiscal disparities on industrial office development because the city currently is a net beneficiary of fiscal disparities. It should also be pointed out that the majority of these tax dollars would be — used to retire debt incurred within the district, rather than as an increase to the general fund. However, the use of a TIF district permits the city to perform infrastructure improvements, e.g. — purchase of parks and the building of trails, roadways, stormwater facilities, or utility extensions that would normally require the use of other funding sources.) Other potential revenues that are impacted are enterprise funds for water and sewer usage. Industrial developments are large users of these services and pay higher rates than residential developments. Nor does this analysis quantify the spillover benefits from industrial — development. Nonresidential development, generally, brings in additional dollars in the community from employees and visitors. All industrial development creates an economic multiplier for the local economy which has the effect of magnifying the fiscal benefits of each — dollar of wages that are put into the industry. Without industrial and commercial employment, local residential development would be unable to support the existing level of retail and service industries in the community, not to mention the additional commercial development that is being — planned and development. At present, we are unable to determine the expenditure side of the fiscal impact equation. — However, we assume that a residential development as opposed to an office/industrial use would require increased spending on education,parks and recreation, and public safety; would be _ expenditure neutral on administration; and would reduce expenditures for roads and infrastructure. In addition, were the school district to bond for future expansion,residential properties would bear a heavier burden without the additional office/industrial properties. In — addition, assuming a ratio of 0.92 children per unit,the proposed development could generate an addition school population of 464, which represents approximately half of a new school assuming a design capacity of 1,000 students. — Traffic Industrial development does, generally, create additional traffic demands on public roadways. However, it was anticipated that Galpin Boulevard and Lyman Boulevard, designated collector roadways in the Chanhassen comprehensive plan and minor arterial -class II in the Eastern — Carver County Comprehensive Transportation Planning Study (October 1990), would carry large volumes of traffic. A minor arterial roadway is defined as one that provides a trip focus that is intracounty and intercity; has urban speeds of between 35 and 45 miles per hour; has trip lengths of greater than 4 miles; provides access to collector and arterial roads and land access to commercial, industrial, farms, and high density residential; and is spaced every one to two miles. Village on the Bluff March 6, 1996 Page 8 Noise The city's Zoning Ordinance has established requirements regarding noise and other industrial type impacts. Article XXIII General Supplemental Regulations, Division 2 Performance standards addresses noise, smoke and particulate matter,toxic and noxious matter, odors and air pollution, nuisances, radiation and electrical emissions, vibrations, glare and heat, explosives, and surface water management. Additionally,the comprehensive plan requires buffering through the use of berms and landscaping materials as well as additional building setback to reduce potential negative impacts to surrounding properties. Staff is recommending that the requested Land Use Map amendment be denied. We are consequently recommending denial of the conceptual PUD and the rezoning of the property from A2 to PUD due to inconsistency with the comprehensive plan. Staff has not performed the exercise of reviewing the applicant's proposed subdivision for compliance with city ordinance and whether the design is the best use of the land. Justification for Rezoning to PUD The applicant is requesting the rezoning of approximately 92 acres from A2 to PUD, Planned Unit Development. There are two components to the PUD: commercial and multi-family. The following review constitutes our evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing, and a potential for lower development costs. In exchange for this enhanced flexibility, the City has the expectation that — the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. FINDINGS It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Village on the Bluff March 6, 1996 — Page 9 Finding. The development, as proposed, would not preserve the site characteristics including the bluff area and wetlands. Staff further believes that the development, as _ proposed, would significantly impact the bluff creek corridor. In addition, an Environmental Assessment Worksheet(EAW)would be required to fully investigate the project's impact to the site and the surrounding area. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. — Finding. A mixed use development could be a more efficient and effective use of land. However, as proposed, it appears that the development exceeds the carrying capacity of the site and an EAW would be necessary to evaluate the development's full impacts. An industrial/office park could also efficiently and effectively use the land and through site design protect and enhance the site's natural features. — 3. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. — Finding. There are sufficient natural features to separate this site from both the north and east with either the proposed development or as an industrial/office park. In addition, through the location of office areas on the perimeter of the site, adjoining properties would be impacted even less. 4. Development which is consistent with the Comprehensive Plan. Finding. The proposed development is inconsistent with the comprehensive plan and the applicant has not demonstrated that there is sufficient cause to justify the amendment of the comprehensive plan. The city has not, as of yet, received a development proposal — for an industrial park on the site and,therefore, cannot determine that an industrial/office use could not be developed. In addition,the proposed use does not conform with all performance standards contained in the Zoning Ordinance. — 5. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and — overall trail plan. Finding. The bluff creek corridor is within the eastern portion of the parcel. This area represents a significant natural feature that the city desires to preserve and enhance. However, this preservation can be done for a office/industrial use just as easily as for a residential development. Village on the Bluff March 6, 1996 Page 10 6. Provision of housing affordable to all income groups if appropriate with the PUD. Finding. The applicant has stated that the development would provide affordable housing,however,the city has not received a written commitment of such. 7. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. Finding. The proposed development would provide efficiencies as far as the maximization of facilities, but the design would not reduce solar gain, heat island effects, etc., nor does it truly cluster the development, preserving important natural features and reducing site grading. 8. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Finding. Improvements to area roads would need to be provided. A traffic study needs to be prepared which would be required within the EAW. GENERAL SITE PLAN/ARCHITECTURE It is the intent of the developer to develop a townhome community in three to five phases over a number of years. Conceptually,the site plan calls for a main boulevard extension to a town square and connection to a trail system. Housing types include back-to-back , row type townhomes in clusters of four to 12 units and a unit row type townhome. The town square feature will include active and passive recreation areas together with a shelter structure and transit opportunities. The commercial component of the development is proposed in the southwest corner of the site. GRADING The site consists of rolling terrain with an elevation difference of 92 feet from the middle of the site easterly to Bluff Creek. Given the grade difference, significant grading is anticipated to develop the site for streets and house pads. This may be true as well for any type of land use applied to this site. There is also an area along the east slope that meets the definition of a bluff in the City's Bluff Protection Ordinance,thus, in this area no grading or development would be permitted. The site could be developed with terraces around the bluff area to preserve them. Village on the Bluff March 6, 1996 — Page 11 DRAINAGE — The site will be required to develop a storm water management plan in accordance with the City's Surface Water Management Plan(SWMP). Both regional storm water ponding and trunk storm sewer improvements will be necessary with development of the site. The applicant will also be subject to SWMP connection fees for both water quality and quantity. Currently, the — City's Surface Water connection fees for water quality and quantity for high-density residential and industrial have been established at$5,890 per acre and $10,269 per acre, respectively. Credits will be applied to these fees based on the applicant's contribution to the SWMP for — oversizing the storm sewer infrastructures and regional on-site ponding. These credits are calculated upon review of final construction plans WETLANDS There are four wetland complexes on the site. The applicant will be required to hire a qualified — wetland delineator to perform a field investigation delineating the wetlands and preparing a report to the City. This should be done prior to preliminary plat consideration. UTILITIES Municipal sanitary sewer service is available to the site from along the easterly border. Water — service is located in the northeast corner of the site. The applicant will be responsible for extending municipal utility service to this development. The utilities shall be designed and _ constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Since the utilities will be owned and maintained by the City upon completion and acceptance, the applicant will be required to enter into a development contract with the City and — provide financial security in the form of a letter of credit to guarantee installation of the public improvements and conditions of final plat approval. STREETS The site is proposed to be accessed from Lyman Boulevard(County Road 18) at two locations. — Lyman Boulevard is a County road and access locations are subject to approval by the Carver County Highway Department. Lyman Boulevard is functionally classified as a minor arterial (Class II) roadway in the Eastern Carver County Transportation Study. The minimum right-of- — way needs for this corridor includes a 100-foot width(50 feet from centerline). The corridor as shown would not meet the minimum recommended need for an urban four-lane undivided roadway. Therefore, the applicant will be responsible for dedication of additional right-of-way. _ The applicant is proposing to build private streets to service the development. Given the number _ of residents (approximately 1500 to 1800), close proximity of the units and the Bluff Creek — Village on the Bluff March 6, 1996 Page 12 • Corridor amenity, staff believes that, at a minimum, the main thoroughfare and looped streets shall be public streets. The remaining streets may be private. All private streets will need to be built in accordance to the City's private street ordinance for multi-family/high-density residential developments. Auxiliary turn lanes will most likely be required along Lyman Boulevard. A traffic study should also be prepared to determine if additional traffic control devices, i.e. traffic — signals, would be warranted as a result of this development. There is a small parcel of land located just northeast of this site (Dirlam parcel)that requires street access from this site. The applicant should also take this into consideration with development of this site. MISCELLANEOUS — The applicant will need to prepare an erosion control plan in accordance with the City's Best Management Practice Handbook for submittal with the preliminary plat submittal. — LANDSCAPING & TREE PRESERVATION The applicant has submitted a conceptual landscaping plan for a residential site which appears to — have the necessary elements of boulevard plantings and perimeter groupings. However, the plan fails to take into consideration the large amount of parking area between units. These areas should also include shade tree plantings to increase shade during the summer months around the — homes and reduce heat reflected by the asphalt expanses. Also, since this is a large site, community shelter belts could be incorporated throughout the development to reduce wind. — Energy conservation plantings could reduce utility bills up to 12-15%. Residential canopy coverage requirement for the site is 15%or a minimum of 312 trees. — Additional buffering would be required along Lyman Boulevard per city ordinance. If the project proceeds, canopy coverage calculations would need to be provided. Staff would also recommend that a forestation plan be incorporated in the site planning, rather than a standard — landscaping plan. PARKS AND RECREATION Due to the conceptual nature of the project,the Parks & Recreation Commission has not reviewed the proposed project. However,this property is within the bluff creek corridor and as — such trail system, at a minimum, would be required. Village on the Bluff March 6, 1996 — Page 13 RECOMMENDATION — Staff recommends that the City Council deny Land Use Map Amendment#95-2 and PUD 96-1 based on the following findings: — FINDINGS OF FACT — 1. The property is currently zoned Agricultural Estate, A2. 2. The legal description of the property is not available: PID 25.0220100 _. 3. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our — findings regarding them are: a) The proposal has been considered in relation to the specific policies and —' provisions of and has been found to be inconsistent with the official City Comprehensive Plan. b) The proposed use could be compatible with the present and future land uses of the area. However,the existing land use designation could also be _ compatible with the surrounding uses, and in the case of office uses, may be more compatible with the surrounding uses. c) The proposed use does not conform with all performance standards contained in the Zoning Ordinance, specifically bluff protection, wetland protection, and excessive site grading. — d) The proposed use will not tend to or actually depreciate the area in which it is proposed. — e) The proposed use may be accommodated with existing public services and will not overburden the city's service capacity. The EAW would be — required to determine if additional services would be required due to the proposal. Additional school capacity would be required to meet the residential development's demand. Village on the Bluff March 6, 1996 Page 14 f) Traffic generated by the proposed use may require the expansion of capabilities of streets serving the property. An EAW would address the exact requirements for the development. FINDING: The proposed use does not conform with all performance standards contained in the Zoning Ordinance. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the — official City Comprehensive Plan. 2000 Land Use Plan The property is guided for office/industrial land use. The proposed development is inconsistent with this designation. Community Development Goal It is the city's overall goal that its amenities and qualities be maximized and preserved while allowing growth to occur in a comprehensively planned and reasonable manner. Land Use Goal Achieve a mixture of development which will assure a high quality of life and a reliable tax base. Land Use Policy Planned industrial development will be encouraged as a means of encouraging tax base growth — and creating new employment opportunities. It is believed that planned growth can and should be designed to minimize environmental, neighborhood and traffic impact. — The city will seek opportunities to provide transitions between uses of different types; the more incompatible the neighboring uses, the more important the transition zone. For example, natural features may provide good transitions between incompatible uses or uses of moderate intensity can provide transitions between high intensity and low intensity uses. The Land Use Plan also seeks the establishment of buffer yards where appropriate. These buffer yards represent areas of increased setbacks where a developer will be required to install landscaping and beaming to offer improved separation of incompatible uses. Village on the Bluff March 6, 1996 — Page 15 ATTACHMENTS — 1. Memo from Dave Hempel dated 2/28/96 2. Development Review Application — 3. Project Summary/Description 4. Memo from Bill Weckman to Robert Generous dated 2/15/96 _ 5. Letter from Kermit Crouch to Robert Generous dated 2/2/96 6. Memo from Mark Littfin to Robert Generous dated 1/25/96 7. Notice of Public Hearing and Mailing List — 8. Letter from Al Gomez to Bob Generous dated 2/28/96 9. Concept plan JAN-18-19% C39: 12 FROM RLK ASSOC IATES, .LTD. . . • TO 7730702 P. — CiTY OF CHANHA$SEN . ' 690 COULTER DRIVE CHANHASSEN,MN 55317 (612)937-1900 DEVELOPMENT REVIEW APP LICA11ON ,C44e4vE , vice PaestC *1 APPUCANT.� . t2. a Ol:roq1 j474. -nIV voora OWNER, x C 4s C - -- w , AkT71 Or` Aft - ADDREss,4S4 td 1�t" ,OQtr 44 AODREss: E 2 o \./.)1-1-�. E L t5:11... 'T, 1.1 - TELEPHONE(Day time). 3 i//4 TELEPHONE: 6 i Z L 3d `S !' `y( Compeellensive Plan Amendment -• ___ Temporary Saws Permit Cond 6onai Use Permit __ Vacation of ROW/Easements -- --� Interim Vice PermVariance it Non.4conforrning Use Permit �_ Wetland Alteration Permit i 1 ,4„ Planned Unit Development' zoning Appeal w Rezoning zoning Ordinance Amendment i Sign Permits Sign Plan Review Notification Sign Ste Plan Review' . Escrow for Firm F-eets/Altomey Cost" ($50 and Bounds, 0 MiSU rror B/Netts ) X0 SUbdtAtiore ToTAt_Fa s le /M. • •M AIM of all pnopoty owners within' 500 feet of the boundaries of the property must be included with the Building mats'st sertrlies must be submitted with site plan mviews. _ 'Twentyybt fun size NNW copies of the plans must be t3ubmttted,Including sn 8W'X 11"reduced copy of transparency for each plan sheet. &wow will be required for other applications through the development centrad il0Th-When mudeple are per,the appioptiate fee shall be charged for each appticaton. 7AN-18--1996 0913 FROM RLK ASSOCIATES .LTD. . . . l u "- PROJECT NAME Com} p}�j� .21 "4:r LOCATION W P i Thv L. L, : L "I LEGAL DESCRIPTION . TOTAL ACREAGE WETLANDS PRESENT 1 YES NO PRESENT ZONING _ REQUESTED ZONING PRESENT LAND USE DESIGNATION - REQUESTED LAND USE DESIGNATION f f] C - �VPV It. AP.Ar / +► o/ REASON FOR THIS REQUEST ,Zi ui. iTYft'7 r This appacation must be completed In full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions, Before fling this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application t;hould be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this appliation. I have attached a copy of proof of ownership(either copy of Owner's Duplicate Certificate of Title,Abstract of Title or purchase agreement),or I am the authorized person to make I this app5cation and the fee owner has also signed this application. I wilt keep myself informed of the deadlines for submission of material and the progress of this application. 1 further understand that additional fees may be ch. •_• for consulting fires, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The ••• merits and Information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applioant that development review cannot be oompisted Within eo days due to public hearing requirements and agency review. Therefore, the city is notifying the apprcant that the city requires an automatic 60 day • - • for development review. Development review shall be completed within 120 days unless additional review • ate , . aPplberd," r/° ♦ r? 5 ,�of - • Date ��' x r lx�( L Signature of Fee Owner - Date tqC'App6cal) z�Ion Received on ) Fee Paid r, (ct, - _ Receipt No. st1 1 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. ,!f not contacted.a Dopy of the report will be mailed to the appli nt's address. January 19, 1996 Mattson Property Concept P.U.D. Project Summary&Narrative Chanhassen, Minnesota SUMMARY Name: The Village at Bluff Creek Location: East of Lyman Blvd., south of the Twin City&Western Railroad and west of Bluff Creek Land Use: Agricultural Land Use Guiding: Office/Industrial Zoning: A2, Agricultural Estate Acreage: Approximately 92 acres Applicant: D.R. Horton, Inc., Minnesota George Seagraves, Vice President 3459 Washington Drive #204 Eagan, MN 55122 Fee Owner: Charles W. Mattson 2870 Wheeler Street North Roseville, MN 55113 Site Planner/Engineer: Kevin Von Riedel, Project Planner Fran Hagen, Engineer RLK Associates, Ltd. 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 -1- January 19, 1996 SITE DATA Existing Zoning: A2 -Agricultural Estate 2000 Land Use Plan: Office/Industrial Proposed Zoning: R-PUD Commercial 5.22 acres 5% Flood Plain 17.31 acres 18.8% Open Space 17.45 acres 19.2% Residential 52.02 acres 57% — Total 92.0+ 100% Proposed Gross Density 5.48 U/A Proposed Net Density " 9.69 U/A Units 7- 12 unit bldg. 187 units 31 - 8 unit bldg. 248 units 2 - 6 unit bldg. 12 units 3 - 4 unit bldg. 12 units 37 quads 148 units Total 504 units -2- January 19, 1996 RATIONALE-REZONING/REGUIDING Several issues come to bear on the process to consider rezoning and reguiding the Mattson property from office/industrial to higher density residential. Those issues are land use planning, market diversity(housing opportunity) and fiscal. LAND USE PLANNING The Mattson property has been on the market now for quite some time. Current zoning for the property is A2 -Agricultural Estate and 2000 Land Use Plan calls for office industrial. From any reasonable perspective, given land values in the Chanhassen market area, agricultural estate lots do not make good financial, planning or market sense. The case for officefmdustrial use could be made if you look at a planning microcosm. Across — the border in Chaska is an industrial park with a railroad line that runs across the northern part of the property, allowing access to a nine ton design county road. On a broader scale it could be argued that the City of Chanhassen needs land available for future industrial growth. An area wide view of the Mattson property reveals a more diverse and complex land use fabric. To the north of the site- single family residential, to the west - single family residential, to the south - vacant land guided for future study. From a land planning perspective it becomes apparent that the Mattson property is a transitional site. That is to say that a land use between industrial and single family residential would be the most appropriate use for the parcel. Prudent planning principles (practices) would dictate that you do not design office-warehouse-industrial in close proximity to expensive single family developments. Candidates for transitional land use could include commercial, institutional and higher density residential. In as much as the City of Chanhassen desires to build and maintain a strong downtown image, commercial development on a large scale would not be a good use. Institutional (i.e. schools) could work, but would not need 92 acres. Higher density residential with some complementary service commercial would work as a positive transitional land use. MARKET DIVERSITY A part of any socially healthy community is its ability to provide housing and jobs for a variety of income levels. An active industrial climate presupposes housing opportunities that are commensurate with prevailing wages for industrial jobs. Presently, the City of Chanhassen is experiencing growth in the upper end of the housing affordability scale. With land prices being as high as they are, coupled with limited higher density zoned area for residential development, this proposal presents an opportunity for the City of Chanhassen to provide affordable housing opportunity while improving the viability of the industrial positioned land. -3- January 19, 1996 FISCAL At the current rate of industrial land absorption, the City will have a surplus of industrially zoned land well into the future, vacant industrially zoned land that could be generating tax dollars for the City sits as an untapped resource. High density residential, while not equal to industrially zoned land in its tax generating capacity, produces tax revenue nonetheless. In the case of the Mattson property, if the land, by way of residential development, were to start producing tax revenue in 1997 and continue add-infinitum, the tax benefit for the City would far outweigh a higher tax rate that cannot be collected in the near future on industrially zoned property. SCOPE OF PROJECT It is the intent of the builder/developer-D.R. Horton - to develop a residential townhome _ community in three to five phases over a number of years. Conceptually, the site plan calls for a main boulevard extension to a town"square" and connection to a trail system. Housing types will include back to back, row type townhomes in clusters of four to 12 units and a unit — row type townhome. The town "square" feature will include active and passive recreation areas together with a shelter structure. The concept plan identifies a bus turn off and shelter on Lyman Blvd. — EXISTING CONDITIONS The Mattson property is dominated by open space generally used for agricultural purposes. The eastern portion of the site is a floodplain/wetland complex containing the Bluff Creek — flowage. The site is void of significant overstory vegetation save for trees separating the railroad tracks from the north edge of the property. An electric utility is at the south end of _ the property adjacent to the Mattson farmstead. Soils outside the wetland areas are generally suitable for the intended use of the property. STREETS All streets within the proposed development are planned to be private. The minimum street width will be 25 feet with surmountable curb. Two access points are shown with Lyman Blvd. An outer loop road serves the greater share of the housing with center cross roads — serving the balance of the development. -4- January 19, 1996 PARKING All four unit townhomes will have two car garages with exterior parking between the garage and street. All back to back townhomes will have either one or two car garages with exterior parking provided. In all cases additional off street parking will be provided where possible. GRADING The eastern edge and southeastern area of the subject property are"low" areas associated with the Bluff Creek corridor and floodplain. From the floodplain the elevation climbs dramatically to a rolling condition. The grading concept for this site would use slope zones - where elevation changes would create plateaus for housing. National Wetlands Inventory maps, floodplain maps and aerial photographs were used to identify potential wetlands on site. The site design and grading plans avoided these wetland areas for development purposes. UTILITIES Existing trunk sanitary sewer facilities are available in the Bluff Creek corridor. Lateral sanitary sewer would need to be extended to the development area. Trunk watermain is available just north of the site again, in the Bluff Creek corridor. Lateral watermain would need to be extended to the south. We will need direction from the City of Chanhassen Engineering staff as to how the watermain should be looped. LANDSCAPING The boulevard and loop roads will be "tree lined" to create a more intimate scale while driving and walking through the neighborhood. Where needed or appropriate, landscape buffers or screening will be used to create some visual separation between adjoining land uses. PARKS &TRAILS The concept plan for park, open space and trails includes a town"square" with a shelter structure and playground area for active play and passive use. This central area is connected by trails to Lyman Boulevard and the Bluff Creek Corridor. The Bluff Creek Corridor is _ identified as a future city trail. Other trails, including a fitness trail, can be incorporated into the design. -5- January 19, 1996 PHASING Phasing is typically driven by location of utilities and roadway access. In this case, road access is at the western edge of the site and utilities are at the eastern edge. The first phase of development therefore, will be along the Central Boulevard extending to the east and then north. Subsequent phases will go north from Central Boulevard and then south. -6- • _ r____::_r---.-- 17/ i-J___ , . i C 00 - ----.w. . r-. .. lk : i li 1 W Ld .- Ill f......j.....\ I \ • :11111111 -..,.......,_A• i .. •• 4pr i k 1 ~ . ri i I , ‘ Fp 1 ....__ :;�- .../. .1 J.. \ . 1 .‘( ; I I B`U GREEK til P1 c—J ' ill 1 ,...------___ L--i. on.003d I I - .r. - - (. . 771 ri i ....„--____ 1 w i • ... ___ „..„-----____--- _,,,,X7-_-....„.,_:-_,=-_-,-_---,...,- , " .,,:-.,-........,--- ---T lii r ri,,------- ---- ://-:,,.dt---.._-------.----------..------N:: -\\ \ (71 2 . . itiiii r NI ‘1/41 '\\\\\\ \,,:\ . ( ( i , / 1 ft \� • � \II �`�Ja ../ ' �` �, \ ` � .. `°�' I � V / .i \l , , I / S'\`__1'�_ 1 \ l' / / I� f r ` /' I- ,---.1,2.--..---.----/- (._____ \,._ \/;-1 if \ ( ____. - __., . r i i . \ ‘ ‘ \4911 1 1 .\\ \ '�s \ -}-- \ ti\\‘ ' \' " 1 a S • 0 ✓ i . . ."-^-• L -----) 4/ :41 it. 11 ) i i k - • , 1 --. —• --)--,-) 1*---1 _ i. / I _._ \ /.' .• -,, 1 1-111; I 1 11( _ -. . 1 I / '''. . )'.% \-- /". _)-.- <\\ : '\ . .../ -----( i ----\ )-----1-\-•--• s-.. / 1 <_ ' • w . 0 \ 0 2 i 1 / _ -->"' • --L.-- i -- . S 1 -1--, • ., (17( i / 1 '—0 >/,. .---- . , „ 1 11 AA ....•••• ... ..,.. • I I f"CI is . ,... ____,.. .__ __- • ai. MI/ ir___—_>,. if iiiil I ----r rs... \ , • i 1 g' 1-- .< hi 1113 II I e\-‘3 cf C'IkE( 0 . ... a / . 4 1) : — s< 1 _ _....._ - -- - II : I .,po... ------ 3,--- ____ lialragrarle.--- ---7 4., it_.,,,...* IAA s.s1..writryWirinelao, / v I _ ..x. we'il-ttillii•orissr;a •,....•• • •# 4 0 4 4 %mop at,is 4.11. 111 lit i ‘ 10 * ' lin 1 cs 9, 0000 ,y,...0 % weritir ler c- / g . Ili _ 1 3 _ .3.. . . .I.* l'ip 4.•%S. tT.---1jr.-.t..:...:..y.:i•. "te-.4Ss , .. I, t,.P-. 1k7t-"_r11i0W•1IsN0e.ile4/i6..pk.I-.Lt7/-0S.,oA-:.;Q-s--1.,1.t\.„4...v•;'.',0..i.lr.'a.71,M\• I,1‘*,,,,1...i•.)..--.o..e,.Pt4r,".;z1l,.E.,;..14,-;i.l.r.)......; -'4..ict&4 i.r';IS.W t-.lktA.4)of‘g1.'..e\,,.11,-\4.%X‘,d.:0'`o1V.4A'M„14iN a:.04'fr•,.4vl'o4,..6.i.•e4l. 0r 0g001i.4o11.11..'0 t'0'614gka,.,4k1.4 pk..t4..•..r.I.i....V 11le0.14C..1A11,44:V1e11o,1.:.1(„14.710.:040447.Nl.010..:1'O11"8Al6rV11i,wI711Lg1.rt7-..0i.'7Vpis1IA\.:?.1.,./•r1:A,f.01,-.r1,i444*,k„4•*.„4:.i,04'4,l',tiy94b,ri1,,,n V10‘ I' i°'. l•1:I 1 „t...............-' i-. •,(•°.5''' /E . V - -/-/ /.. .•'/ 4 •,i4..,M -It ,c11,t11.0,, 03 7,:..,; ..*Iti. ... ... ‘ .4A-.. ., 4.0:ago,..0 ... • ,- , ‘ , - ..., . \ :a, vojto A*. • ..... ..vi• '101.=4.1 vs• .. ,- ., .e..., . low . .c.,-..411 v.,..,. sito. . fit,..„ • , so9 „.......-•”'se. ....--- .1, ..,.704.2$ ,'di .•• .. .0, • %de' ...,,,„$' 4.,.%k4p 0 _.....---" 0103'.....„------ • ,--- i ••., .4.,*.... ...... .A. 0: .44, ,. . ... . . , 41/44v. %V'4 4. 6111:•• 'Ai C.:'..../.'"I'" 1 N • ,0,!....-• ‘v 4.',..0",---- V:- • • \ ,r,,‘,.; .- Am•te, sk -.0.:„..!,....--- .. / •,;,.., dro. i- . •• -1 Olf.•:.' * 4 I 62 v, \ op; . 1 .. / : •i I , t ..- .L - • :(,-• 2 11-•:: .\ - /' g . ,... i 1 PUBLIC WORKS DEPARTMENT Carver County Government Center Administration Building Ad Parks tion CARVER 600 East Fourth Street Engineering COUNTY Chaska, Minnesota 55318-2192 Highway Maintenance — Phone (612) 361-1010 Fax (612) 361-1025 Surveying&Mapping February 15, 1996 RECEIVED JVI D TO: Robert Generous, Senior Planner, City of Chanhass ) FEB 16 1996 FROM: Bill Weckman, Assistant County Engineer / CITY OF CHANHASSEN SUBJ: The Village at Bluff Creek — D.R. Horton Inc. Planning Case 95-2 Land Use and 96-1 PUD Following are comments regarding the Village at Bluff Creek land use amendment request transmitted to Carver County by your memorandum dated January 24, 1996: 1. Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Minor Arterial (Class II) are: Urban Undivided Rural Undivided 2-lane Roadway 2-lane Roadway Minimum Recommended Minimum Recommended 100' 110' 120' 150' Urban Undivided Rural Undivided 4-lane Roadway 4-lane Roadway Minimum Recommended Minimum Recommended 100' 120' 140' 170' County State Aid Highway (CSAR) 18 (Lyman Blvd.) is functionally classified as a Minor — Arterial (Class II) roadway in the Eastern Carver County Transportation Study. The minimum right of way needs for this corridor include a 100 foot width. The corridor as shown would not meet the minimum recommended needs for an urban four lane undivided roadway. The other platted properties along this corridor have included a preserved right of way width of 50 feet from centerline or a total 100 foot wide corridor. It is expected by Carver County that any plat on this property will not be approved until a width with at least that dimension is reflected in the plat. — The reconstruction of CSAH 18 is scheduled for 1996 to 1997. We would ask that Carver County has an opportunity to review any proposed lot configurations on this property abutting CSAH 18 (Lyman Blvd) prior to approval of the plat. There may be a need to make minor roadway alignment changes along this property. The City may wish to consider an even wider highway corridor along the proposed subdivision — if a separate trailway is to be constructed along the county highway. Additional width may also be needed to accommodate public utilities and landscaping. Affirmative Action/Equal Opportunity Employer Printed on 109c Post-Consumer Recycled Paper The 1990 Eastern Carver County Transportation Study forecasts traffic volumes of 16,000 to 18,000 vehicles per day on this corridor by 2010. This study was completed with the existing — Office/Industrial zoning on this property. Traffic impacts due to the higher density zoning should be determined. 2. The accesses being proposed to CSAH 18 from this subdivision will need review and a permit from Carver County. No direct non public road accesses to CSAH 18 will be approved by the County from this subdivision. Any costs for right turn and by pass lanes that are needed as a result of this development would be the responsibility of the developer. We do have some concern about the distance from the northern access to the railroad track. Carver County has never encouraged bus stops along the county corridor. The speed limit along this corridor will probably never be lower than 45 mph. Further investigation needs to be completed to resolve safety issues before a bus shelter as proposed should be approved. 3. Any public utility lines that are to be installed within the CSAH 18 right-of-way are subject to the utility permit requirements of Carver County. 4. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 18 is subject to review and approval of the county highway department. 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of- way (including turf removal, trench settlements, erosion, and sediment deposits) need to be — completed in a manner that leaves the right-of-way in"as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final — condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 6. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 18 intersection. Any trees or shrubs overhanging into the right- — of-way could be subject to trimming for safety or overhead utility consideration. 7. As this area develops, the traffic on CSAH 18 will increase. The increased traffic will — generate an increased noise level. The County would consider any type of noise abatement project, if necessary, to be the responsibility of the City or the developer. Thank you for the opportunity to comment on the preliminary plat for the proposed development. Ch�lca February 2, 1996 1 Mr. Robert Genererous Senior Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RECEIVED RE: REVIEW OF VILLAGE AT BLUFF CREEK FEB 0 5 1996 Dear Robert: CITY OF CHANHASSEN We have reviewed the above request for amending the Comprehensive Land Use Plan from office/industrial to residential high density. Our review comments are as follows: 1. We have some concern about the proposed five acre retail use at the southwest part of the site relative to poor visibility/site lines at that curved location along County Hwy. 18. In addition,the City of Chaska has a driveway and utility easement serving its adjacent substation through that sight. Five underground feeder circuits are located within this easement as shown on the attached document. 2. The net residential density at nearly 10 units per acre appears to be rather high for townhomes. While 19%of the site is open space,only a small portion appears to be useable open space. The remainder is primarily wetland or steep slopes. 3. The proposal at 504 units represents a large concentration of townhomes in one location. We would urge that a traffic analysis be required. Assuming each unit generates an average of six trips per day,the ultimate development would add over 3,000 trips to County Hwy. 18. 4. The buildings appear to be located relatively close to County Hwy. 18 which is classified as a Class II minor arterial. It is reportedly scheduled for upgrading in 1996. Chaska's Tset back requirement along Hwy. 18 is 125 feet from centerline. It appears that the 8 unit buildings are setback about 70 feet from centerline while the quad is only about 55 feet. The quad would appear to impact site visibility for exiting traffic. nne City Hall Plaza 55318-1962 r'" 5. The existing office/industrial designation is consistent with Chaska's existing development across County Hwy. 18. We would not be opposed to rezoning for medium — density townhouse development, but are somewhat concerned about that large a concentration and that high a density. 6. Although not directly related to the present proposal, we would like to discuss with Chanhassen staff how the new pedestrian trial on County Hwy. 17 in Chaska can link with proximate trails in Chanhassen-potentially along County Hwy. 18 and Bluff Creek. Thanks for the opportunity to review and comment. Sincerely, — Kermit Crouch Director of Planning and Development KC:jai CITY OF ClIANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 TO: Robert Generous,Senior Planner FROM: Mark Littfin,Fire Marshal DATE: January 25, 1996 SUBJECT: The Village at Bluff Creek, D.R. Horton Inc. Planning Case 95-2 Land Use and 96-1 PUD I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code on City Ordinances/policy requirements. The site plan review is based on the available information submitted at this time. As additional plans or changes are submitted the appropriate code or policy item will be addressed. 1. Submit street names to Fire Marshal for approval. 2. Submit utility plans for approval. 3. Submit radius turns dimensions for approval. 4. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet. Depending on road widths, "No Parking Fire Lane" signs may be required. This will be reviewed as more detailed plans are submitted. 5. Comply with Chanhassen Fire Department Fire Prevention Policy #29-1992 Premise Identification. Copy enclosed. Additional signs will be required. 6. Center roadway median dividers are not recommended unless proper radius and roadway widths are provided. ML/cmk end. G:\SAFEI \MUBLUIF.96 �'3IIP !P.EEK / l — 111,,,Os'���,• >°"" AK NOTICE OF PUBLIC 11i111 / . 4< 1�,` '��, PARK HEARING pl:ii, • __. ::I VALLEY PLANNING COMMISSION 7:00$.::> ` _ ;._...•:a.,•.-.:;.>�;., viEW il,.G COURT MEETING G /ril 3 1996 •�> ,Wednesday, Ap ::. PARK ♦til at 7.00 p.m. ::.� ��, o► •: , City Hall Council Chambers A � tMI,N • 690 Coulter Drive ....,.::::::0::of:i:i::i::i,:i:::i:*i:ri*::Ii:E:i:Mi:iEE: i:,:1::-:!", C, S UN R O IProject: Village at Bluff Creek rU +.:2};t%.i�ti.•`• �ti.ted — Developer: D. R. Horton, Inc. �. Location: North of Lyman Blvd., South of the Twin Cities & Western 1 - - 1 Railroad Tracks L• ! AT I O N !.... Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, D. R. Horton, Inc., is requesting a Comprehensive Plan Land Use — Amendment from Office/Industrial to Residential High Density and Commercial. The applicant is also requesting Conceptual Planned Unit Development approval for a mixed high density residential and commercial project on property located north of Lyman Boulevard and south of the — Twin Cities and Western Railroad tracks, the Village at Bluff Creek. What Happens at the Meeting: The purpose of this public hearing is to inform you — about the developer's request and to obtain input from the neighborhood about this project. During the meeting,the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. — 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting,please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to — talk to someone about this project, please contact Bob 937-1900, ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 21, 1996. — ., 3 alp r CHARLES MATTSON AUDOBON 92 DANIEL T& LISA A CHUMBLER - 2870 WHEELER 15241 CREEKSIDE CT 2001 STONE CREEK DR ROSEVILLE, MN 55113 EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 MARVIN V& CAROLE J LUECK HANS HAGEN HOMES INC THEO A& TERRY L JENSON 2019 STONE CREEK DR 941 HILLWIND RD NE 2065 BOULDER RD - CHANHASSEN, MN 55317 MINNEAPOLIS, MN 55432 CHANHASSEN, MN 55317 - GERALD W&JANICE K RICHARD D& CHRISTINE M BALM DANIEL J& KAREN O'BRIEN CRAWFORD 2093 BOULDER RD 2103 BOULDER RD 2079 BOULDER RD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - CHANHASSEN, MN 55317 - CHAD M& JILL C HAKE MICHAEL T&JANET E SNYDER DOUGLAS L& DEBORAH M SCALIT 2115 BOULDER RD 2127 BOULDER RD 2139 BOULDER RD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JEFFREY R& KAREN H JONES JOHN MORAN WILLIAM D & MICHELE L HAAS - 2151 BOULDER RD 2159 BOULDER RD 2163 BOULDER RD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 ABRAHAM A&NANCY E TODD M & DEBORAH S DOLAN STEVEN V & MONICA M WARD ZAATARI 2187 BOULDER RD 2199 BOULDER RD - 2175 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 GREGORY J&MONICA PAUL PROCEVIAT JEFFREY B PALM&CHERI SWIERT BRADBURY 2219 BOULDER RD 2301 BOULDER RD - 2207 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN,55317 CHANHASSEN,MN 55317 - RUDOLPH T& JEAN A LARSON TIMOTHY J& MARY C KRAFT RICHARD HALL ROWLAND 2291 BOULDER RD 2279 BOULDER RD 2267 BOULDER RD CHANHASSEN,MN,55317 CHANHASSEN,MN,55317 CHANHASSEN,MN 55317 STEPHEN& MELINDA PITTORF GARY L FELDICK& DONNA NOVAK PAUL T& KERRY S SWEATMAN -2305 BOULDER RD 2231 BOULDER RD 2255 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN,55317 SCOTT H & SUE J FERRELL MERLE D & JANE VOLK TODD M &JONI J NELSON _2243 BOULDER RD 16925 CO RD 40 8610 VALLEY VIEW CT CHANHASSEN,MN 55317 CARVER,MN 55315 CHANHASSEN,MN 55317 TERRY C & JANN M OLSON PAUL S & LAURA E GRAVES 8769 VALLEY VIEW PL 8634 VALLEY VIEW CT MARK R& LISA M ROESNER CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 1814 VALLEY RIDGE TRL N CHANHASSEN,MN 55317 _ Gayle& Lois Degler TRUMPY HOMES INC CARLOS E&NORY MACHADO 1630 Lyman Blvd. 19097 TWILIGHT TRL 1834 VALLEY RIDGE TRL N — Chanhassen, MN 55317 EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 CEASAR J CRUDUP DOUGLAS A& CINDY L MERRIGAN ALVARO J&NANCY A GOMEZ 8712 VALLEY VIEW PL 8736 VALLEY VIEW PL 8748 VALLEY VIEW PL CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN, 55317 — TERRY C & JANN M OLSON MICHAEL C&JENNIFER ANDERSON DANIEL K& ROBIN L EDMUND 8769 VALLEY VIEW PL 8772 VALLEY VIEW PL 1861 SUNRIDGE CT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _ Gareth Davies Michael Cochrane Marlin Edwards 1831 Sunridge Ct. 1751 Sunridge Ct. 8950 Audubon Road CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 George& Desa Zraick Dean Degler Earl Holasek 8850 Audubon Road 9111 Audubon Road 8610 Galpin Blvd. — CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 Chanhassen, MN 55317 City of Chaska Philip& M Standafer Timothy& N. Thul One City Hall Plaza 8767 Valley View Place 8729 Valley View Place Chaska, MN 55318 Chanhassen, MN 55317 Chanhassen, MN 55317 Andy& B. Kayati John II & Jean Doyle Richard& Cheryl Hartman 8715 Valley View Place John, Sr. &Joanne Doyle 2254 Boulder Dr. Chanhassen, MN 55317 2266 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 William & C. Brey Steven Hartman Jeff& S. Andresen Conkling — 2242 Boulder Rd. 2220 Boulder Rd. 2208 Boulder Rd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Andrew& D. Kindler Kenneth& E. Stakas Stephen& C. DeWitt 2198 Boulder Rd. 2186 Boulder Rd. 2174 Boulder Rd. — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Kenneth& D. Kemp Lisa Kirkpatrick John& L. Sullivan 2162 Boulder Rd. 2360 Stone Cr. Dr. 2346 Stone Creek Dr. — Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 — Peter& M. Cunningham Lake Region Mfg. Co. Chaska Investment Ltd. Prtshp. 2332 Stone Creek Dr. 304 Lake Hazeltine Dr. 5201 73rd St. W. Chanhassen, MN 55317 Chaska, MN 55318 Edina, MN 55439 _ Flowers Holding Co. Roland Stinski Jerome& K. Berg c/o Pies, Inc. 3647 McKinley Ave. N. 302 Lake Hazeltine Dr. 300 Lake Hazeltine Dr. Minneapolis, MN 55418 Chaska, MN 55318-1034 Chaska, MN 55318 A�P1-1-aril `s/ NOTICE OF PUBLIC t"" illp6c HEARING — PLANNING COMMISSION ate"� v� 014,7 MEETING �':1/nsii�� �� / , Ak — rl�� Il��r ��� Wednesday, March 6, 1996 : � ��_ ��, milt at 7:30 p.m. s ,,:1 lec" nen- III P `' F'w: Ic City Hall Council Chambers sy 3 F PARK �� -wo "=....,• AV 690 Coulter Drive = tA lau yx v *maw _ Project: Village at Bluff Creek '. tiNsf ''''''''' .i..',.':' !re:*;::° A‘ I _ Developer: D. R. Horton, Inc. , "� Location: North of Lyman Blvd., South L i / ATION of the Twin Cities & Western Railroad Tracks c k. — Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, D. R. Horton, Inc., is requesting a Comprehensive Plan Land Use Amendment from Office/Industrial to Residential High Density. The applicant is also requesting Conceptual Planned Unit Development approval for a mixed medium density residential and _ commercial project on property located north of Lyman Boulevard and south of the Twin Cities and Western Railroad tracks,the Village at Bluff Creek. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: — 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. — 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting,please stop — by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,please contact Bob 937-1900,ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff — will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on February 22, 1996. — fLty CHARLES MATTSON AUDOBON 92 DANIEL T& LISA A CHUMBLER - 2870 WHEELER 15241 CREEKSIDE CT 2001 STONE CREEK DR ROSEVILLE, MN 55113 EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 MARVIN V& CAROLE J LUECK HANS HAGEN HOMES INC THEO A& TERRY L JENSON 2019 STONE CREEK DR 941 HILLWIND RD NE 2065 BOULDER RD - CHANHASSEN, MN 55317 MINNEAPOLIS, MN 55432 CHANHASSEN, MN 55317 GERALD W&JANICE K RICHARD D&CHRISTINE M BALM DANIEL J& KAREN O'BRIEN CRAWFORD 2093 BOULDER RD 2103 BOULDER RD 2079 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 - CHANHASSEN, MN 55317 _ CHAD M & JILL C HAKE MICHAEL T& JANET E SNYDER DOUGLAS L& DEBORAH M SCALIT 2115 BOULDER RD 2127 BOULDER RD 2139 BOULDER RD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 JEFFREY R& KAREN H JONES JOHN MORAN WILLIAM D & MICHELE L HAAS - 2151 BOULDER RD 2159 BOULDER RD 2163 BOULDER RD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 ABRAHAM A&NANCY E TODD M& DEBORAH S DOLAN STEVEN V & MONICA M WARD ZAATARI 2187 BOULDER RD 2199 BOULDER RD - 2175 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 GREGORY J& MONICA PAUL PROCEVIAT JEFFREY B PALM&CHERI SWIERT BRADBURY 2219 BOULDER RD 2301 BOULDER RD 2207 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN,55317 CHANHASSEN,MN 55317 - RUDOLPH T&JEAN A LARSON TIMOTHY J& MARY C KRAFT RICHARD HALL ROWLAND 2291 BOULDER RD 2279 BOULDER RD 2267 BOULDER RD CHANHASSEN,MN,55317 CHANHASSEN,MN,55317 CHANHASSEN,MN 55317 STEPHEN & MELINDA PITTORF GARY L FELDICK&DONNA NOVAK PAUL T& KERRY S SWEATMAN - 2305 BOULDER RD 2231 BOULDER RD 2255 BOULDER RD CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN,55317 SCOTT H & SUE J FERRELL MERLE D & JANE VOLK TODD M& JONI J NELSON _ 2243 BOULDER RD 16925 CO RD 40 8610 VALLEY VIEW CT CHANHASSEN,MN 55317 CARVER,MN 55315 CHANHASSEN,MN 55317 TERRY C &JANN M OLSON PAUL S & LAURA E GRAVES 8769 VALLEY VIEW PL 8634 VALLEY VIEW CT MARK R& LISA M ROESNER CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 1814 VALLEY RIDGE TRL N CHANHASSEN,MN 55317 Gayle& Lois Degler TRUMPY HOMES INC CARLOS E&NORY MACHADO 1630 Lyman Blvd. 19097 TWILIGHT TRL 1834 VALLEY RIDGE TRL N — Chanhassen, MN 55317 EDEN PRAIRIE, MN 55346 CHANHASSEN, MN 55317 CEASAR J CRUDUP DOUGLAS A&CINDY L MERRIGAN ALVARO J&NANCY A GOMEZ 8712 VALLEY VIEW PL 8736 VALLEY VIEW PL 8748 VALLEY VIEW PL CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN, 55317 — TERRY C & JANN M OLSON MICHAEL C &JENNIFER ANDERSON DANIEL K& ROBIN L EDMUND: 8769 VALLEY VIEW PL 8772 VALLEY VIEW PL 1861 SUNRIDGE CT CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 — Gareth Davies Michael Cochrane Marlin Edwards — 1831 Sunridge Ct. 1751 Sunridge Ct. 8950 Audubon Road CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 George & Desa Zraick Dean Degler 8850 Audubon Road 9111 Audubon Road — CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 FED-28-96 WED 02 :45 PM AL GOMEZ KRUSTEAZ 612 361 6775 P. 02 8748 Valley View Place Chanhassen, MN 55317 February 28,1996 Mr. Bob Generous City of Chanhassen 690 Coulter Dr. P.O_ Box 147 Chanhassen, MN 55317 Dear Mr. Bob Generous: Thank you for time and consideration over the telephone on Wednesday, February 28, 1996. I am glad I was able to discuss the proposed Village at Bluff Creek project, since unfortunately I will be traveling on the day the City Council meets on this matter. I did want to submit in writing my reasons for voting no on this subject.. I am very concerned with what a development of this magnitude will do to our taxes. .I am sure it will represent a loss of tax revenue for the city, should this go from an industrial/commercial site to a residential high density site. I am also extremely concerned with what our taxes have done due to the increase in new and updated school facilities. I would venture to guess that this development would necessitate an additional 1/2 school to handle its population. I am sure the council is aware of were its constituents stand with regard to the tremendous tax hikes we have endured in the recent years with the development of schools in Carver County. I hope they keep in mind the referendum that was rejected in the fall on tax increases due to education. I am also concerned with the location of this project. It seems to me that it would make more sense that this sort of development be more immediate or closer to downtown Chanhassen. Instead it is being proposed at a location that is well over 5 miles outside of downtown Chanhassen, Bob, thank you in advance for forwarding my family's vote on this project to the City Council. I hope my neighbors, who have shared similar concerns, make an attempt to attend the meeting to voice their opinions. Please call me at 361-6774 should you have any questions. Continued success, I , Al Gomez CITY OF 0°3' 2 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Planning Director DATE: March 26, 1996 SUBJ: Organizational Items a. Election of Chair and Vice Chair The Planning Commission should mak m tions and select a Chair and Vice Chair for 1996. b. Adoption of Planning Commission Bylaws The bylaws should be reviewed and adopted every year by the Planning Commission. The commission should discuss any comments or changes they feel necessary at this time. c. Liaison Attendance at City Council Meetings In the past, a schedule has been formulated where all the Planning Commissioners would rotate attending the city council meetings. The commission should discuss whether or not to elect one person to attend or to schedule all commissioners on a rotating basis during the year. BYLAWS PLANNING COMMISSION — CITY OF CHANHASSEN The following bylaws are adopted by the City Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. — SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION: 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. — 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning — Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their _ recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 — The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. — 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. SECTION 2 - MEETINGS: 2.1 - Time Regular meetings of the Commission shall be held on the first and third Wednesday of each month at 7:00 p.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise directed by the _ Chairperson, in which case at least 24 hours notice will be given to all members. Regular meetings NOM shall have a curfew of 10:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special meetings Special meetings shall be held upon call by the Chairperson, or in his/her absence, by the Vice- Chairperson or any other member with the concurrence of four other members of the commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance: Planning Commission members shall attend not less than seventy-five (75%) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings without prior approval of the Chairperson. Failure to meet this minimum attendance requirements shall be cause for removal from the commission by action of the City Council. SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES: 3.1 - Composition The commission shall consist of seven (7) voting members. Seven members shall be appointed by the Council and may be removed by the Council. 3.2 - Terms and Vacancies The council shall appoint seven members to the commission for terms of three (3) years. Vacancies during the term shall be filled by the council for the unexpired portion of the term. Every appointed member shall, before entering upon the charge of his/her duties, take an oath that he/she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum Four planning commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. SECTION 4 - ORGANIZATION: • 4.1 - Election of Officers At the first meeting in April of each year, the planning commission shall hold an organization meeting. At this meeting, the commission shall elect from its membership a Chairperson and Vice- Chairperson. This shall be done by secret ballot. Each member shall cast its ballot for the member he wishes to be chosen for Chairperson. If no one receives a majority, balloting shall continue until one member receives the majority support. Vice-Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice-Chairperson _ The Chairperson or in his/her absence, the Vice-Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. _ The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. SECTION 5 - PROCEDURE: 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the commission may hold group discussions not following any set parliamentary procedures except when motions are before the commission. SECTION 6 - PUBLIC HEARINGS: 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon the staff to present the staff report. Required reports from each city department shall be submitted to the Planning Commission before each case is heard. c. The Chairperson shall ask the applicant to present his case. d. Interested persons may address the commission, giving information regarding the particular — proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other _ commissioners. 3 f. There shall be no dialogue among the commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6. 3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. SECTION 7 - MISCELLANEOUS: 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the commission only when initiated and presented by the staff and shall be placed at the end of the agenda. b. Matters which appear on the agenda as open discussion items will not be recorded as minutes. 7.2 - Suspension of Rules The commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review • At the first meeting in April of each year, these bylaws shall be read and adopted by the Planning Commission. Adopted: Date: 1 PLANNING COMMISSIONERS 1996 SCHEDULE FOR ATTENDANCE AT CITY COUNCIL MEETINGS _ Planning Commissioner will receive City Council packets as shown on the following schedule: Mehl January 8 Mancino January 22 Conrad Februrary 12 Farmakes February 26 — Meyer March 11 Skubic March 25 Peterson April 8 — Mehl April 22 Mancino May 6 Conrad May 20 — Farmakes June 10 _ Joyce June 24 — Skubic July 8 Peterson July 22 Mehl August 12 _ Mancino August 26 Conrad September 9 — Farmakes September 23 Joyce October 14 Skubic October 28 Peterson November 12 (Tuesday) _ Mehl November 25 Mancino December 9 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 6, 1996 Chairwoman Mancino called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Nancy Mancino, Bob Skubic, Craig Peterson, Ladd Conrad, Mike Meyers, Don Mehl, and Jeff Farmakes MEMBERS ABSENT: None. STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Planner II; Sharmin Al-Jaff, Planner II; John Rask, Planner I; and Dave Hempel, Asst. City Engineer PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 1.22 ACRES INTO 2 SINGLE FAMILY LOTS AND A VARIANCE TO ALLOW A 10' PRIVATE DRIVE LOCATED ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED AT 8508 GREAT PLAINS BOULEVARD, TED SLATHAR, SLATHAR ADDITION. John Rask presented the staff report. Mancino: Thank you. Do any commissioners have a question of staff at this point? Okay, thank you. Mr. Slathar, do you wish to come up? _ Ted Slathar: I don't have much to add except that, that's our main concern too is to save the trees, along with the neighbors and I believe the city's. And we'd like to do that...variance. We planted those trees...The other thing that I'd like to suggest, if I could is, in our last meeting the sewer was an issue. Putting it next to the Gilman's house and we put a sewer line right with the existing house, about 2 years ago we put in a sewer line that is on the west side of the property and if it would be possible, we'd like to just connect that sewer line with the Lot 1. And that would take care of any problems that might happen with the foundation or the other concerns that you have. Mancino: Okay. I think that is addressed on, I don't know if it's a condition but it is addressed on page 6 of our staff report which says the 12 inch sanitary sewer trunk line runs along the west lot line of Lot 2. The plans propose on extending two sewer services from the existing trunk line to service Lots 1 and 2. Is that correct Dave? Hempel: Partially. The existing sewer service to the existing home, I'm not quite sure where that runs through the property. I thought it went right through the middle of the property. I guess it would have to be relocated when the new house is built to Lot 2. 1 Planning Commission Meeting - March 6, 1996 Ted Slathar: It's more on the west end Dave. It's, well if you can see on, it follows west — under the house. Then straight down to there. So on this side, it comes off of this corner Dave and then goes down. Hempel: I believe the building department codes also require separate sewer services for each home because that's on a smaller sized pipe and it probably is capable of one residence only on it but I could verify that with the building department. — Ted Slathar: Would it be possible Dave to make a pipe, or use a bigger pipe to service both? Hempel: Again, I'd have to check with the building codes. They do require separate service for each home, but there may be some exceptions. Ted Slathar: At any rate, if we could put that on the west side, that would at least clear up a few problems. Mancino: Of getting too close to the Gilman home and the foundation of the home. Okay. We can certainly put that in as a condition that the applicant will work with staff to locate _ that sewer line and make sure that it can be, it can travel on the west side if at all possible. Ted Slathar: If you want it on the east side, that's fine too... Mancino: Thank you. Can we have a motion to open for a public hearing please? Fannakes moved, Peterson seconded to open the public hearing. The public hearing was opened. Mancino: Anyone wishing to address the Planning Commission on this issue? Seeing none, may I have a motion to close the public hearing? Farmakes moved, Peterson seconded to close the public hearing. The public hearing was closed. Mancino: Comments from commissioners. Craig. Peterson: I think that the direction that we gave the applicant at the last meeting was — adequately addressed. I think it certainly does minimize the number of trees...last time so I'm very comfortable with the plan as it stands. Mancino: Okay, thank you. Ladd. 2 Planning Commission Meeting - March 6, 1996 Conrad: No, nothing. Looks fine. Much better than the last time in. Mancino: Mike. Meyer: Nothing to add. Skubic: Nothing to add. Mancino: Jeff. Farmakes: It's fine. Mancino: Don. Mehl: I have nothing to add either. I support the staff recommendation. Mancino: I do too. I have nothing to add. May I have a motion please? Peterson: I'd make a motion that the Planning Commission recommend the approval of the preliminary plat for two lots, Subdivision #96-3, Slathar Addition and a variance from Section 18-57, private street standard subject to the plans dated February 28, 1996 and the conditions 1 through 11 with the additional condition that staff look into the viability of connecting the sewer line on the west edge of the existing home and sharing the same sewer system. Mancino: Is there a second? Skubic: I'll second it. Mancino: Thank you. Discussion. Skubic: Staff has... Mancino: Right, question for you. Are you suggesting that we, that the motion is for the revised conditions of approval? Peterson: Correct. Mancino: Dated March 6, 1996. That includes 12 conditions and then you're adding a 13th? Peterson: 13th. 3 Planning Commission Meeting - March 6, 1996 Mancino: Okay. May I have a second for that friendly amendment? — Meyer: I'll second that. Peterson moved, Meyer seconded that the Planning Commission recommend approval of the preliminary plat for two lots (Sub #96-3), Slathar Addition, and a variance from Section 18- 57(o), Private Street Standards, subject to the plans dated February 28, 1996, and the — following conditions: 1. Individual grading, drainage, tree removal and erosion control plans will be required by the City with building permit application for Lot 2. 2. No more than two (2) homes shall be served by the ten (10) foot wide private street. The driveway may be expanded to twenty feet in the future to provide access to other parcels subject to city ordinances and approval. 3. The applicant shall prepare a development plan prior to final plat consideration. The development plan shall indicate the building type, and lowest floor, top of block and garage floor elevations for each lot. — 4. The exact alignment of the sanitary sewer service for Lot 1 (existing home) shall be _ determined in the field. The applicant shall then prepare a private easement agreement for the sanitary sewer and water lines which encroach each lot. 5. The applicant shall provide a private driveway easement over the northerly 20 feet of Lot 1 for access to Lot 2. 6. The existing dwelling on Lot 1 may continue to use the well until the well system fails. At that time the well must be properly abandoned in accordance with City and State Health Department codes and the existing home then connected to city water. 7. The existing pines along Trunk Highway 101 shall be trimmed back to improve sight lines. The existing driveway shall be paved. Cross-access and maintenance agreements will need to be prepared and recorded against the lots. 8. Full park and trail fees shall be paid at the time of building permit approval in the — amount in force at the time of building permit application. 9. The applicant shall comply with the conditions recommended by the DNR as stated in the letter from Joe Richter dated February 7, 1996. 4 Planning Commission Meeting - March 6, 1996 10. The applicant shall be responsible for SWMP water quality and water quantity connection charges in the amount of $368 and $911, respectively. These fees are — payable to the city prior to recording the final plat. 11. Lot 2 will be subject to a sanitary sewer hook-up and connection charge and water — connection and hook-up charges in accordance with current city ordinance at time of building permit issuance. 12. Lot 2 will be subject to a sanitary sewer hook-up and connection charge and water connection and hook-up charges in accordance with current city ordinance at time of building permit issuance. — 13. That staff look into the viability of connecting the sewer line on the west edge of the existing home and sharing the same sewer system. All voted in favor and the motion canied unanimously. CONSIDER SITE PLAN REVIEW APPROVAL OF A RETAIL BUILDING OF 8,321 SQ. _ FT. AND A PARKING LOT SETBACK, VARIANCE ON PROPERTY ZONED PUD, AND LOCATED ON LOTS 2 AND 3, BLOCK 1, MARKET SQUARE, MARKET SQUARE 3 PARTNERS, INC., AMCON CORPORATION. Shaimin Al-Jaff presented the staff report on this item. — Mancino: So were you able to work with the applicant during this last two weeks on the sign? And where the signs go on the frontage? I mean one of the things was we asked for the applicant to work with staff on this. Al-Jaff: One of the concerns that we have is if we allowed a variance on the signage to add more than two facias of signage on the building, then we have the potential of Wendy's coming in and requesting signage on a third side. The same could happen with the Edina Realty's building, and that's what we're trying to avoid. Mancino: So the other Market Square I, II, the other additions. Al-Jaff: Could come in and request. — Mancino: But right now they are all following the PUD. 5 Planning Commission Meeting - March 6, 1996 Al-Jaff: Correct. — Mancino: And the city ordinance. — Al-Jaff: Correct. Mancino: Kind of one and the same. Okay. Shannin Al-Jaff continued with her staff tepoit Mancino: And what we lack is having staffs review at this time? Aanenson: That's correct. Mancino: And seeing it prior to our presentation too. A lot of times we will get drawings _ prior to Planning Commission night so that we can review it ourselves, the Planning Commission, or come over to City Hall to review it so we haven't been able to do that, nor has staff been able to do a review either. We'll go ahead and have their presentation and have the time to review and if we would like to ask staff to do a formal review, we can do that at that time. Okay. Thank you. Does the applicant wish to address the Planning Commission? — Vernelle Clayton: I'm Vernelle Clayton. I live at 422 Santa Fe Circle here in Chanhassen and we're here to take our proposal off the table for the purpose of discussing the three items — that were taking...to the table. One, the materials for the... Materials for the building. Additional signage options. Bill Brisley, our architect with Amcon will be showing and discussing all of these. I should perhaps mention that while we are now two weeks away — from the last Planning Commission and your office is wondering why we didn't get this... what we've done included in your packet. The deadline for submitting our...was two days after the last Planning Commission meeting... Secondarily...dealing with materials involves — seeing, touching...and we wanted to have a little more time... First I'd like to discuss the owner's perspective...retaining wall is... We've eliminated plans for concrete block and put up...faced block with a color... Our approach to the signage question is more complex. We — will be showing you an alternative. We haven't come up with an...PUD requirements, the city ordinance and...materials for the building itself...after discussions among...and the staff we — concluded that (a), there was no clear presumption that a totally new set of materials was anticipated. That was an option to explore and (b), that...additional materials to be used and then...We will be showing you, reflect our consideration of all the options. Our conclusions are, (a), we will be showing you that stucco is the appropriate primary material for the outer 6 — Planning Commission Meeting - March 6, 1996 portion of the building. (b), that rough faced block is the appropriate material for the lower foundation portion of the building and the retaining walls to match. Within that we...some — modifications and include some changes in color densities... I'd like to premise Bill's presentation by providing some additional background for this project. Two weeks ago I proposed a building which appears to be part of a larger shopping center...along West 78th — Street. I still believe that's true. I will also submit that someone else might make a convincing case that assuming there were no shopping center located in place, it would like nice along West 78th with three distinctly similar building. Distinctive buildings. Three small buildings, each different. Each...But I believe this building will also accomplish that goal that...What we're doing is finishing the shopping center. We're filling...city and the — developer already have commitments and agreements set up. The city...putting limitations on architecture and on materials...that we should be able to rely on that agreement as well. We believe that's what the Planning Commission...We're saying yes, we agree with you. We are — bringing the plan that shows consistent architecture and materials. We want it to look like one shopping center and that is what we are compelled to do. The city benefits in that the plans... The materials we are using are the same as those for the shopping center. Colors we — are using are virtually the same as in the shopping center but we have more of them. In addition, materials that we are using are the same as those which are being used up and down West 78th Street and...the evaluation must include all of the commercial area. There's — nothing...simply a part of a commercial downtown area. Furthermore...located is a commercial tenant. A tenant exclusive for development of retail building. Nothing other than that which is being proposed...Market Square is not a mixed use PUD... It is commercial retail — PUD. The staff report to Council on October 18th...referring to what the city got in the earlier PUD. Quote, he current plan offers much in exchange including higher quality architectural design...It also provides for consistent, that's an important word, and well — planned development of two free standing buildings and ultimately of Outlot A. It went on to say the plans...prepared to build. After reviewing them we are satisfied that the building offers a higher degree of architectural design. I would like you to know parenthetically here that we all get compliments, and still get compliments... While the agreement referring to Outlot A said, quote, the design and materials used on any structures will be compatible with the shopping center building, and we wrestled with that... The plan then being reviewed back... At that time...on tonight's site was evaluated on the basis that it's quote, architectural detailing promotes a visual identification with the main shopping center building. The evaluation went on to say, quote staff expects to use a PUD designation to...with architecturally compatibility to the shopping center and for...provided. When we proposed Market Square II, we struggled to determine what compatible meant and the Planning Commission determined that the building...was compatible. The word consistent and the criteria of visual identification of the main shopping center however further defines the current development. Consistent means that...and compatible but also means holding to the same principles and practice. Compatible on the other hand is less specific... What we got is 7 Planning Commission Meeting - March 6, 1996 the Edina building...somewhat compatible, is something less than we had intended and which — does not hold to the same principles and...contained in Market Square I and was our intent for the development of Lots 2 and 3 when the PUD was created. We don't intend to do that... It's _ not that we didn't build a nice looking building...identify as a part of the main shopping center...It was not a good thing to do for the shopping center. The...whether or not it complies with the PUD...materials, textures, colors and details of construction as an — expression of the design concept and compatibility of the same with the adjacent... Clearly our choice of materials make a further expression of the design concept and the test as to compatibility must first be a standard set for the PUD...We submit that the Planning _ Commission perceived Market Square to the Market Square II building to be compatible with Market Square, then this building, which is...of Market Square I, by the same measure, must be compatible with Market Square II... By the same token, it must have been the conclusion that the Richfield Bank met the compatibility test with respect to the...to the east, Market Square I, then Market Square III as proposed must basically be pre-determined to be compatible with Richfield Bank...compatibility aside, Richfield Bank with it's inherent — uniqueness of design, is able to stand alone in the city as a one of a kind, quality condition. The code book section of architectural standards states that the code is not...However it is in the best interest of the city to...design with compatibility...With that background...I'd like to — talk a little more about compatibility and a little about the needs of the primary tenant...We continue with some of the buildings near by our project. Just beyond this building is a...building. Across the street we have a park. To the east is a brick bank building. Again, a — high quality, city standard type building. Also to the east are two wooden buildings,one with rock face block trim and the other one with brick trim. In short, there is no absolute standard for compatibility within our building's immediate vicinity that, and there's no standard that we — believe...summer plantings are color coordinated...Market Square has a good reputation... People like to go there...it doesn't just happen. The materials and light and bright. The burgundy awnings are a warm color...In considering Market Square's...You may have noticed — that all the buildings at the James' site have a very similar look, both in design and materials. That is being done only on site plan review. Here we have a PUD...It is important that each — shopping center have an identity, marking it down shopping center by shopping center and shoppers need to know how to... Our proposed building is light, airy, friendly and is consistent with Market Square...light, friendly and cheerful, people like to come there... It also — has to be flexible. Ideas on what's on fun. What's the right color. What's the right texture... or absolutely nothing at all. Trying to change... Retail has to be on the cutting edge of those changes. Therefore the construction has to be flexible. The entire...To receive the advantage _ of the...On the subject of...material I should say that we met with the residents after the last meeting and they do not want... They are totally convinced that brick should not be used...We also say that we have... Our mission was to review the materials. In doing so however, we felt we should give brick some consideration. At the time we were designing the different materials, we prepared an evaluation of materials to use and each of them...as a part of 8 Planning Commission Meeting - March 6, 1996 development and re-development of downtown Chanhassen. We have prepared a chart that... findings are that (1), wood is used on...buildings, mostly the first buildings...as part of the redevelopment... Stucco has been used on six of the 21 buildings, 4 of which were approved in 1995. Brick has been used either as a primary material or a trim on a number of the _ buildings...we are coming...close to having entirely too much brick on buildings...warm and friendly downtown. We would also like to point out that...The green...indicate a rock face foundation pretty much throughout and yellow indicates brick... The red is stucco and blue is...on these two buildings on this end and two of the... Mancino: Vernelle, what's the new entertainment center going to be? Is that mostly brick and stucco? — Vernelle Clayton: Yes. Stucco, stucco, brick, brick, brick. Mancino: Okay. — Vernelle Clayton: And I put this one in...in reality it's a depiction of the fact that we have a number of small buildings...we have not had total success with all of them. This is why. This is what you see when you're driving west and this is what you see... I think you have — copies of this report in the... We'd like to show you now our...and then I'll come back... Bill Brisley: My name is Bill Brisley, an architect with Amcon, a Market Square III partner. — We're returning to the Planning Commission tonight with a proposal for a stucco and rock faced block building with some changes, some additions, some clarifications, and some justification. We feel strongly about the positive value of a stucco building in Chanhassen — and I will tell you why. We have responded to a perception that the gray look of the main structure is too cold and have responded accordingly with an attempt to warm up the project with color and crisp detail and material changes. We're also...that the Commission did not really have the opportunity to see what the building would really look like, and we've addressed that issue with a large color rendering with all the changes and additions incorporated in it. The building material known as drivit or stucco or plaster or effice, is a quality material that has been clearly used by architects and buildings for decades in our area, and actually centuries in other parts of the world. It is compatible with brick, stone, glass, and metal. It's use can be found on buildings of quality in any community. When you picture a high end, traditional, old neighborhood like Kenwood near Lake of the Isles, around Lake Harriet, or even old Edina located west of 50th and France, you'll find as much as 30% of the buildings with stucco as their exterior wall material. Of the quality building materials — used in those neighborhoods, stone, brick, stucco and wood, stucco is considered to be a permanent, maintenance free product which is generally regarded closer to brick and stone relative to quality. Today this is commercially used for similar reasons. Durability, 9 Planning Commission Meeting - March 6, 1996 flexibility, design appeal. Any shape that can be formed out of wood or styrofoam can be surfaced with stucco. Architects like it because you can create neo-traditional building elements such as detailed...cornices, interesting window heads and sills, wall bases and... _ These elements once only cut from stone or painstakingly pieced together with brick, can easily be created with stucco and can take on some of the characteristics of their stone predecessors. A marvelous example of this is found on the new Gap store on the corner of _ Lake and Hennepin. As a wall material stucco is light and clean, in a spiritual sense. But when used skillfully today can enliven and elevate the mood of the building to a warm, sunny ambience. It is in this spirit of a light and inviting sense of place that the Redmond's strongly desire to maintain this material on their new salon, Capelli. The following videotape will show examples of buildings in other communities that have embraced this building material as a quality choice. It also brings to mind the intentions of the owners... As an architect I'm — convinced that quality, permanence and fresh and innovative design issues is at the heart of each of these buildings. The first building is D'Amico. A new million dollar renovation in Uptown. These people had any choice of material at their disposal and this is what they — chose to do for reasons similar to... This building is ...Gallery in Edina. 50th and France. It's placed right between Teja's and some other brick buildings. It's completely compatible on the site. You can't see the difference in quality. They're all different... This is the Collective — Salon in Edina, 50th and France. All stucco except for a wood insert. Mancino: The entire middle...is wood and glass. — Bill Brisley: The valance changes the color... Dayton's at Southdale. Completely stucco... very minor details out of marble. This is Uno across from Dayton's on France. A lot of — detailing here. This next one is a Room and Board. A little cleaner look... This is...across from the Galleria. This last one is the Infinity dealership in Bloomington where...white brick buildings, all brick buildings, it's kind of a compliment to that. This is all stucco, all the way — around. Now I'd like to review the new rendering here and I'd like to describe some of the things that we've done. We added, what we did not have before we added some lines...that will catch shadows here, here and all along the... We also reduced the amount of coping and created this out of stucco and so the opening will be as a sign band from top to bottom and that will around the curved section as well. We changed the stucco from a white, rather cold _ material that we used on the...to a much warmer gray. I have two colors. One is used behind the canopies. Inbetween the piers, the white piers and the other is...on the larger face... Mancino: Would you show us where those are please? Bill Brisley: It's hard to see in here but that would be in there and in there, in the slot and then inside here. Unfortunately something happened to the...and knocked that off...but there would be a line right there with a little darker... 10 Planning Commission Meeting - March 6, 1996 Mancino: So the recessed are going to have the darker color? Bill Brisley: Yes. To make them look deeper. — Mancino: To add more dimension. Bill Brisley: To add more dimension. Mancino: And then the sides of the recessed will be light but it's just going to be that. — Bill Brisley: Except they're...into this darker line behind. These are darker and then behind the canopies, because the canopies are endless. Without end so you can see...define that point. Find the...As you can see by their absence here, it appears that it kind of sails off and it — would be much stronger... The rock faced block is a much more...We're buying from Sheely who make the Keystone products so our retaining wall and our foundation block of the — building we'll get that... As for rock faced block, this building material. One of the things that we liked about it is the texture match to our existing center, even though it's a little warmer. It has a distinct foundation as a grounding or base for a building. It's thicker and... The texture is representative of a...stone wall... The architectural community has accepted this product wholeheartedly...with brick all the time. A little wider down below so it gets stronger. These are kind of some of the reasons to justify using this particular product. It _ will be identical to the retaining wall,just as I said before. Now let me discuss what we've done with the site plan. Vernelle's already mentioned... The two lines here you see. That old line is where the curb is now. The inside line. This outside line here is what a 26 foot...and — then all the curbs are adjusted to fit that. I should mention, the stairway's moving over here, down here so it's right in line. It's difficult because this is very steep in here and this retaining wall right here so...directly up with this part...And then on staffs recommendation I _ added, all along this entire retaining wall are intermittent groups of climbing vines, facing south so there will be rock faced block and then vines, rock faced block and vines... — Mancino: If we're talking Italian, are there going to be vines on the building? Bill Brisley: ...On signage and lighting, what we're recommending is that we do use all four — sides. But as indicated on the elevation board, we do have a hardship with Capelli, the front door... If we're restricted to two sides, Capelli would not have their sign over the front door, because the two most obvious places to have signage is on the north side and the south side. — And the last tenant, because he couldn't have it on the north side, nor the east side,...really only have one sign and that would be facing...another hardship for us. What we're recommending, signage as indicated on the elevation board, based on typographic sensibility and balance with respect to the specific wall rather than objective ordinance specification, and — 11 Planning Commission Meeting - March 6, 1996 they are reduced somewhat from our first request. We hope to have all four walls as shown — for this conception and variance from the city we would be willing to paint the sign and wash, and use a wash light for the sign at night with an upscont type lighting or some other inward facing lamp mounted on...or standards. This will make the signs much more subtle and attractive and wholly a part of the architecture. The lighting would light up each section of the building above the canopy. The center section...three per wall adding a third characteristic to the night view of the building. The lettering would be painted in such a way — that with the shadows and contrasting edges, that it would appear to be etched in stone with a chisel... Right off the rendering but it won't show you what that would be like just with the _ paint. We would be willing to have the commission put this item aside and come back if we have to, to allow more research to be done on lighting types and a night rendering subsequent ...occurring showing exactly what the effect would be. Lighting on the north wall is the same _ quality and density as on the walls in Market Square I as it's dealing with the... That lighting is exactly the same interval as we have on the center so how the center sidewalk is lit is exactly how we... It might either be stronger because...There are two alternative material — options that we looked at and...to illustrate that. This is the retaining wall... One of our alternatives, that it be an 8 x 16 brick foundation and remove the rock faced block. We'd like to have it in the same color as what you see in the rendering. What I don't like about that is the flatness. It's smoothness...the heavy face of the foundation but I think it could be... I have a picture that kind of shows what that would look like and then a brick foundation. A second possibility would be a brick foundation and brick vertically between the building masses. I — would like to see two colors and sizes...smaller and lighter color as it goes up between, the same areas where we're going to have to have our stucco... I'm not pleased with those. I think it's impure for the building itself but I've seen it done. That's a possibility. — Mancino: And do you have renderings of that? Bill Brisley: I don't have a rendering but I have a sketch... This is one of the considerations that I looked at was that I would take the foundation block all the way up and I thought that was very cold and strong and boring with it so high in the air. But you can imagine that that — would be, if that were brick going up between these two. The stucco elements would come all the way as if they were a building that's stronger and more hard...and the lighter elements coming forward and shooting out. Like I said, one would be just go completely with brick, — as the foundation. The second option would be to go all the up between. Another issue the city had was, did you want to talk about signage? ...talk about being a 30 inch versus 36. — Mancino: Let's just see the difference. Bill Brisley: 30 inch, it's very subtle but that 6 inches, that two lines I lose a lot. It flattens Capelli. If you look at the rendering and look at it here. To have it fill out this space, 12 — Planning Commission Meeting - March 6, 1996 typographically is was...I have to squash down Capelli to make it fit within that 30 inches. It's an aesthetic issue anyway and I just really wonder if that 6 inches is such... But that's what it looks like with 30. And that about wraps it up for me, unless there's any questions. Mancino: Any questions at this time? Farmakes: The facing brick that you're showing down there. That's what's the dark tan that we see worked into the retaining wall and the base right there. Bill Brisley: 4 feet here, 5 foot... Farmakes: But now, showing kind of a rough cut there, and the sample that you're showing here is kind of a wavy. Bill Brisley: That's the retaining wall and this is the building wall. The retaining wall has this shape added...Keystone. Farmakes: Why the changing of the shape? Why not, can you be consistent with the shape down there? Bill Brisley: That's a possibility. This is a product that Keystone makes that looks like that. The way it's shaped...There's an Allen block that gives this shape. They all have to have — some kind of... Mancino: Bill, I have one question. What is the...the little squares. As clean and as simple — as that design is, now we have these little squares underneath the lights. Bill Brisley: That's a design element that came from the original shopping center. They're ceramic tile or a material called Spectaglare. Kind of a ceramic tile...kind of a concrete block... We put that on Market Square...so all of the lights are exactly...Medallion pattern and the gooseneck burgundy lamp. It's virtually the same... Mancino: But the reason why you had that on Market Square I is, for when you have those peaked areas, and I don't know what those are called. They needed some sort of architectural element and they used the squares there to give an architectural element. Do you feel that that's still needed here? Bill Brisley: That's a real strong tie-in...has a unique aspect to their business. They were going to provide us with...materials. I think the tie-in is the most important thing. The combination of the lighting and the tile... 13 Planning Commission Meeting - March 6, 1996 Mancino: Any other questions at this time? Mehl: Yeah. From the last time that we were talking about this, and we determined that that wall in the parking lot was going to be about 6 feet tall. Is there any limitations with this Keystone block as to how high you can go? Bill Brisley: It will work, 5-6 something like that. We're doing 4. It has to be engineered. And then when they do that, they put in a fabric that attaches to the block and runs back underneath the dirt so the dirt holds that down... Mehl: But doesn't the wall have to be slanted back... Bill Brisley: A little bit...if they're engineered, they can go straight up. Mehl: Okay, thank you. _ Mancino: Any other questions at this time? Thank you. Dale Almquist: Good evening. Dale Almquist from Redmond Products, 28930 West 78th. Last time I was here, well first of all I wanted to say as far as the materials of the building, I certainly understand the vote the Planning Commission has in a recommendation but I hope you will also consider Redmond's vote that we are doing quite a bit behind this product. We think very highly of the way that the owner has designed it and planning to build it. It's a beautiful building and we're putting an awful lot into it... As far as the signage, I'm here to make the same speech I made two weeks ago...compelling reason why this should be a variance issue. But I think two weeks ago we were asking for signs on only three sides of the building_..we're asking for the fourth. That's the difference. We think that there is a very good reason, and I'm going to repeat what it was two weeks ago and then add to that. This is not a building with a front and a back. It's a four sided building that has four very important _ exposures. In a sense four front sides. The side facing West 78th. Then the side facing the rest of the shopping center. And on our front entrance, which is of course very important to us. That we have a sign above our own front door. I'm going to ask you to put yourselves in _ our shoes, which of those three sides would you give up if you were us? If you were forced to have only two. But the way we dealt with it, I think we try to deal with it as creatively as possible and to think of the reason behind the ordinance which I think is more of an aesthetic _ one rather than well, if you allow one person to do it, everybody's going to ask for it. We try to keep aesthetics in mind as a primary consideration and I think we came up with a very creative solution, and that is to make the sign look like it's actually been etched in the building. Carved, chiseled into the building. And very pleasantly lit at night with that illumination. It's not going to be your typical commercial backlit canopies stuck on the side 14 — Planning Commission Meeting - March 6, 1996 of a building. It's going to have a very unique and elegant look. In no way garish and in no way overly emphasized and sticking a person in the eye but it's going to send a really specific and nice message I think to both community and customer that's a very elegant site. We really are begging for that. I don't know what else to do but that's very important to us to have that signage on three sides. When you say that...so thank you very much. — Vernelle Clayton: I guess I don't have to explain why we were saying three...and now four. Because of the change in the type of signs and the fact that they...blend in with the building so we'd like to have one on the north side, one on the west, one on the east...look better than one here and one here. This one on three sides. Not on the side that faces the...we'd be happy to work with staff for another couple weeks and bring some definition to it. We'd like — to, for you to separate that issue from the rest...so with that, I guess we're going to say briefly...Market Square is at...Market Square III is a part of that shopping center so this... The building needs to look much more like Market Square than Market Square II and we need — to... It will house an exciting new concept in marketing for Chanhassen, brought to us by one of our most highly regarded...It will be an exciting addition to Market Square and...intent of _ the comprehensive plan in achieving excellence and originality of design, as well as assuring that there's a plan for the PUD...Thanks very much. — Mancino: Vemelle, I have just a couple questions, and I don't know if Bill would like to answer them too. One of the, I went over and took a look at Market Square I and one of the things that I saw with the stucco, because you have used stucco over there. You've used — wood on the top. You've used on the back of it just block, etc. So there are quite a different materials there. I did notice with the stucco that when you change signs, so that when there is a new tenant and there may be this, that it leaves quite a stain on the stucco. And I also — saw that the lettering, the signage underneath on the stucco, underneath the signage, there was a lot of discolor on the stucco also. Is there any way to eliminate that on this building? Because I'm thinking of this long term. I mean this is going to be in Chanhassen for 40 years — and do you just need to re-stucco the surface all the time? What is the maintenance, especially when you're putting on new signs and you're asking for pretty good size signage. — Vernelle Clayton: Of course if we go with the second alternative, that would not be the same issue. Then we would...using the same material for the sign... I don't know that that's a real good answer for that sign. It's just as...almost works when you take the signs on brick. I'm not saying that's...We have a rule at Market Square II that the only place you can attach signs is to the grout, and that helps some but they don't always follow the rules. It's a problem with wood... Changing signs are a problem. I suspect the only real way to solve is it — to repaint the whole area where the sign was removed... We can of course fill up the holes and we should...Do you have anything else to add about...? 15 Planning Commission Meeting - March 6, 1996 Bill Brisley: Well I think the thing to do is for...it is a very thin scale on the stucco material. Almost the last coat. These systems are sometimes 10 deep. It's the very last thing they do is they put the color on it. They call it dashing. Mancino: Okay, dashing. So there could be something in our conditions about the maintenance above the signage, etc and the stucco. And I did notice some peeling off, some _ big pieces of stucco off near Festival Foods too on, I think it's on the columns, etc. So I was thinking about maintenance, etc. Vernelle Clayton: We've had a terrible time...We've had...done about three times. Bill Brisley: Those are made out of fiberglass and plaster combination. They're kind of a prototype and there's something funny about those particular ones because we have them elsewhere and they're not peeling. So that's getting... Mancino: The plaster adhering to the. Bill Brisley: The paint can't adhere to plastic. It's just keeps popping off. It's the paint that's coming off. Farmakes: The biggest thing that you're proposing is, it's in the material correct? The — coloration? Bill Brisley: Yes. Mancino: Of the stucco. Bill Brisley: It's the final coat. The coloration. Farmakes: Right. It's not...the Italian restaurant that you showed at the beginning which was — painted. Mancino: Yeah, it has kind of a faux finish on the... — Bill Brisley: That was a really expensive wall. Mancino: Thank you. Open this to a public hearing. May I have a motion please, and a second. 16 — Planning Commission Meeting - March 6, 1996 Fannakes moved, Skubic seconded to open the public hearing. The public heating was opened. Mancino: Anyone wishing to address the Planning Commission at this time, please do. Seeing none, may I have a motion to close the public hearing. And a second. Meyer moved, Fannakes seconded to close the public hearing. The public heating was closed. Mancino: Comments. Questions from commissioners. And I think that most of the comments will center around the three main points that Vernelle brought up tonight. One is — in materials and the architecture and design of the building. That we ask for further exploration. And the signage and whether we want to wait on that and see more detail. And the third item was the retaining wall materials, used for the retaining wall. Jeff if you would like to start on this? Farmakes: The credibility for arguments is understandable. You talk about the...you have civic on one side and you have this on the other and the PUD issue, inevitably they're going to have that because you have the...You have an area where the public has an interest. And — certainly the position of this property is somewhat penalized by that. It's adjacent to civic property. It's a concern I think. Now the applicant I think has done a good job of taking what the critique was and coming back with essentially the same shape building but dealing — with the issues of modifying the materials into the detail. It's a good example there, it really doesn't require a whole lot adding to the building to create a lot more character to the building, and that's really what the issue is...standard strip mall type building or is there — something extra to it. And how the foundation structure, the stone has been integrated now into the retaining wall is good. Very good. The material, the rough cut of the material is also very good. It creates a texture to it. It gives it character. It counteracts the smoothness — of the stucco up above, which is broke up by these recessed areas also... Gives it character. When the sun changes in town, it makes it interesting. The issue of stucco, you spent a lot of time talking about stucco. I don't think that there's really a problem or criticism with stucco — as much as the color and the argument being made that it's a continuation of gray from the Market I area. That was an absolute. The problem I have with that is that out of the retail argument, that's not an open air shopping center. Any place in Chanhassen in reality, retail is a destination shopping. People don't wander up and down the concourse to shop. They just don't... If you look at the reality of the situation in town, and other suburbs, it's destination shopping. You go to Festival Foods because you need groceries. You need bread. Pick up the stuff and you may drop off something at the mail place or pick up an ice cream cone but you're out of there, and they're short periods of shopping. I'm not sure that the argument... that I'm seeing tonight is a sort of a build-up of that. Where we're saying the building's going — 17 Planning Commission Meeting - March 6, 1996 to somewhat change. The color's changed. I'm seeing it as a different building. I'm not — seeing it as a continuation. So I think it's been modified. Although that was not a requirement, and to confuse everybody but that was not a requirement, I think a big deal of _ what our criticism was. I just didn't feel that it was a compelling reason to say that that should be a... So I don't want to spend a lot of time talking about that. I think that what's nice about this, again is that it chose but without increasing a great deal the cost of the — building, some of these simple things being done to the building that really creates a nicer building than what was here. Some modification to the color. I think the color's much better. I think it's much more current and I think we can, hopefully use some of that to...early 80's _ retail thinking out of this picture and try to come up to the situation where the public appreciates this. The public appreciates it and they associate this with disposable income. They perceive the value of this buildings are higher, that the businesses in them. And hopefully we can continue to do that and I think we tried to do that in a couple of the out buildings here. I think we were very successful with Wendy's. I think we were limitedly successful with the other building but again, that was kind of a mix and match trade off type — situation. I really like, as I said before, how the retaining wall...creates kind of a wavy band or wavy pattern. But I would like to offer that if you consider cap stoning this. It's nice how that would be in relationship to the cap stone...and possibly being a lighter color with the dark — color. Again, that's the issue now... Mancino: And you talk about compatibility with the rest of the Richfield and with the bank — that's to the west. Farmakes: In terms of signage? — Mancino: Well actually materials, etc. Farmakes: Well, they're real consistent. I don't think it's to be interpreted as the same as. So I think the PUD issue, I think in terms of quality, rather than architectural issues when we talk about that. In other words, is it a wooden clapboard type structure versus a stone — structure. That's what... I don't see that as a problem where it's a different structure we're talking about...so that may be a little bit a stretch of the imagination but it has some of the — elements of that. Whether or not it's compared to a more contemporary structure, the Richfield building in materials I don't think is really something we should get hung up on... I think the quality of the building is nice, particularly... The big issue we're talking about I _ think is the issue of signs. I read in the paper there, the City Council upheld the issue of Applebee's with additional signage. And with the previous meeting, our previous meeting, the one 2 weeks ago, we talked about the issue of the tire operation. And I think we should be consistent on how we deal with this and if the City Council feels, in their wisdom that they wish to seek out compromises in this PUD...I think we're going to be creating a lot of 18 — Planning Commission Meeting - March 6, 1996 problems. We have an applicant who's come in who has a customer who is committed to this building. They would like to be in this building but the building's going to be here for a long — period of time. The customer may not. This operation is a new thing for this company, may or may not be a success. And someone else may be there 10 years from now. I'm not sure that the issue of, if it's carved in your, it appears to be carved in or painted out. It doesn't seem to me that the issues, for aesthetic reasons that were put in to signage, that that's going to solve that. That's just a way to get around that... If I was Applebee's I would be, why them and not me. The building certainly could be more accessible to sight lines. And in — Chanhassen, we certainly have a low, low necessity competition for visual. We've seen these buildings. Everybody believes that...these buildings, that they're...where they're located and everybody in this room knows. Chanhassen isn't going to be up there and there's not going to — be hopefully that many more structures coming in here. To identify the building for the local customers, you certainly have to see this from Highway 55 so, but you I don't think so. Or TH 5 or TH 7 or you know, with our 80 foot pylon signs on the highway so they can see us — 20 miles down the road. I know that as you look as the city develops, these types of restrictions that we're putting on are a moderation tool to...retail in the city. But they are adding to the small... You're not seeing these columns made of plastic up and down the street. — As more and more buildings come up, you...that moderation. I think people like it. I think that that falls in line with 90's retail and I think I've talked too much so. Mancino: So you would be in favor of denying the variance for four signs? Or do you want to see. Farmakes: I would like to see that, the applicant has expressed an interest in looking at variations with staff...come up with looking at options that may be a solution to that. I'm not — sure that painting on one is a solution in my mind but if the city could come up and look at that issue... — Mancino: Okay. Don. Mehl: I think a lot of the improvements have been shown here over the last time. I'm really — very happy with the rock faced wall. We've been presented with a lot of things here this evening that staff hasn't had an opportunity to look at, and respond to. I guess I might be supportive of a motion to table it and let them have the opportunity to do that and then — through our discussion here we can perhaps give them some guidelines and guidance as to which way to go. — Mancino: Okay. Farmakes: I'd agree. 19 Planning Commission Meeting - March 6, 1996 Mancino: You would agree to that? Okay. Bob. — Skubic: I like the rock faced block. I think I agree with the three other commissioners that _ there have been some improvements and, regarding the signage, I appreciate the applicant attempting to meet the intent of our sign ordinance and it may be something that aesthetically is consistent with what we're trying to do in the city. However, unless staff can somehow _ make that work with the letter of the ordinance, I wouldn't be in favor of supporting signage on the four walls. Aanenson: Could I make some clarification? Just for your edification. We did not notice for a variance so at this point, if they're leaning that way, we have to go back and re-notice so we kind of want to separate those two issues. If they want, unless it's integral to their design and they want to get site plan approval... — Mancino: Which they've already said they don't need that. Aanenson: Right. So I would, if it's okay with the applicant, I'd separate those two issues because we haven't noticed for a variance. Therefore we cannot consider that at this point. — So if you want to just consider the site plan portion at this point. Mancino: And then do we need to make a motion about the signage or just ask for it to — come back? Aanenson: They have a right to come back with a separate sign...unless they want to make it — integral to the site plan. They don't want to approve it without the sign. Skubic: I believe we're heading towards tabling this so those type of things can be... — Farmakes: ...clarify that, what were the options...? Aanenson: Well, you have to go back and look at what we did for the entertainment. We looked at that as something unique. They certainly a right to try for a variance. I guess we'd — want them to demonstrate to you the reasons behind that...some concerns about, we talk about changing the types of signs...But again, we'd like to separate those two because we didn't elicit. If you want to give some direction on...that would help the staff... If you want to move _ forward with the site plan. Sharmin did have a chance to review this with them even though we didn't get a chance with the site plan. We didn't see the complete presentation but Sharmin spent a lot of time working with them between the time the staff report went out and tonight's meeting. — 20 — Planning Commission Meeting - March 6, 1996 Mancino: But she didn't have time to write conditions to the new? Aanenson: Right. But really where the changes are...So if you're comfortable... Mancino: Okay, Mike. — Meyer: No comments. I like the direction that it's gone so far. I think it's great. I guess signage is a problem... Mancino: Ladd. Conrad: I'm not going to make any comments but just some recommendations to the Planning Commission. I don't think I'd table the plat. I think staff is, can review materials. I think we've looked at them. I'd send that along. I'd sure table the signage issue. Mancino: Thank you. Craig. Peterson: I agree with Ladd. I think another mitigation factor is that we don't have another session for 4 weeks. Working session next time so...them from getting going on the project. — So if staff is comfortable, I certainly am. I'm recommending going forward. Mancino: My comments are. First to thank the applicant with coming back with a very good — presentation. I really appreciate it. And as you can see it makes it much easier when a presentation is this well done for us to make decisions and quickly and feel like we're good Planning Commissioners for our community. When I came in tonight I must admit I was — concerned about the rock faced foundation because it's certainly something that I would not choose. I must admit. But to see it with the stucco and how you explained it will look and — seeing it now, you've convinced me so thank you for the good presentation. I feel comfortable going ahead with the site plan review. I think what we needed to help each other with a few of the add on conditions. Before we do, Vernelle? One of the things that we wanted to put and I think it should be part of the conditions. The trash enclosure. That the material will be made out of. That is the kind of last material things and that's something that you can work with the staff about but making sure that it is compatible and I'm not even sure if that's a condition right now. May I have a motion... Farmakes: I'll make a recommendation that the Council approve the site plan for Market — Square III (#95-22) as shown on the site plan dated February 7, 1996 with the following conditions. Or should we delete the issue or first clarify the issue of the signage? _ Mancino: Signage. 21 Planning Commission Meeting - March 6, 1996 Al-Jaffa What you might want to do is propose the signage as proposed by staff and at a future date, if they wanted a variance to the criteria that has been approved here, they can come back. Aanenson: Or you can leave it off completely. Whatever the applicant's may wish. Farmakes: I'm comfortable with the way you have it here. I would like to make a...on the retaining wall materials. A recommendation that they have a...consistency with the architecture of the main structure for the retaining wall. Did you want to tie in with the retaining wall...? Mancino: Yeah, I'd like to add a friendly amendment, or 21 that the applicant and staff work — on the materials for the trash enclosure. That they be compatible with the building, architecture materials. Farmakes: I added one so it'd be 22. Mancino: 22. 23, do we need to add that the materials used for the building being what was — presented, precisely what was presented tonight. That would be 23. Is there a second to the motion? Peterson: Second. Mancino: Any further discussion? — Meyer: Do we need to formally delete number 12? It's crossed out. — Mancino: Number 12 is crossed out. Do we need to delete that? Aanenson: We do that when it goes to Council... — Mancino: Thank you. Any other discussion? — Mehl: One comment on your new 22. The trash enclosure. Is that, do I understand that that's a three sided structure that they roof and doors on it? Mancino: I don't think there's a roof but it's three sided with a door. Mehl: With a door? 22 Planning Commission Meeting - March 6, 1996 Mancino: Yes. Mehl: Okay. So people driving out along the road won't be able to look in to a bunch of dumpsters and boxes and whatever. Mancino: Yes, correct. Mehl: Okay. I just wanted to make sure that it had doors. Mancino: Any other discussion? Farmakes moved, Peterson seconded that the Planning Commission recommends that the City Council approve the Site Plan for Market Square III (#95-22 SPR) as shown on the site plan dated February 7, 1996, with the following conditions: 1. The applicant shall enter into a site plan agreement with the city and provide the necessary financial security to guarantee compliance with the conditions of approval. 2. The applicant must obtain a sign permit prior to erecting any signage on site. There is one existing monument sign on the site. The sign meets the following criteria: a. The height of the monument sign shall not exceed 12' 10" (the height of the existing Market Square sign). b. The sign shall contain no more than 41 square feet of sign area per face. c. The sign shall be constructed to reflect the architectural style of the Market Square shopping center. d. The owner of each monument sign shall be responsible for it's construction, repair, maintenance and/or replacement. The applicant is showing wall mounted signs on four elevations. The plans must be amended to meet the following criteria: a. The letters and logos shall be restricted to 30 inches in height and must be lighted. b. All individual letters and logos comprising each sign shall have a minimum depth of five inches and shall be constructed with a translucent facing over neon tube illumination. c. The signage shall be located on a maximum of two elevations of the buildings to be constructed. 23 Planning Commission Meeting - March 6, 1996 3. Approval of the site plan is contingent upon the consolidation of Lots 2 and 3 into one lot. 4. Fire Marshal conditions: — a. A ten foot clear space must be maintained around fire hydrants. City Ordinance 9-1. _ (Relocate the Skyline Locust a minimum of ten feet away from the fire hydrant.) Cross reference page SD-5 and SD-3. b. Comply with the following policies: 04-1991 - copy enclosed 34-1993 - copy enclosed 07-1191 - copy enclosed 35-1994 - copy enclosed — 29-1992 - copy enclosed 36-1994 - copy enclosed c. "No Parking Fire Lane" signs along with yellow painted curbing shall be provided — on the entrance road east of the proposed building. Sign spacing must comply with Policy #06-1991. Copy enclosed. 5. Park and trail dedication fees shall be paid to the city pursuant to the city ordinances and City Council resolutions at the rate then in force upon building permit application. 6. The applicant must provide staff with preservation plans for the eight (8) existing trees. The applicant may not leave existing oaks and spruce in place during grading, if grading is to come within ten feet of the tree. All existing and new trees will be guaranteed for — two years. 7. The applicant shall provide access on the southwest corner of the building to Market — Square mall sidewalk. 8. The applicant shall verify that 31 feather reed grass plants will be used for landscaping. 9. The width of the existing drive aisle along the south side of the development shall be — increased to a minimum of 26 feet wide face-to-face. All driveway curb cut openings shall be a minimum of 26 feet wide face-to-face as well. 10. The applicant shall work with city staff in relocating the existing utility and traffic control boxes and the existing oak trees along West 78th Street. The plans shall be revised accordingly. The applicant shall dedicate to the city a utility easement for the traffic control box if it is located outside of the city's right-of-way or utility and drainage easements. 24 — Planning Commission Meeting - March 6, 1996 11. The steps along the southwest corner of the building shall be relocated approximately 30 feet to the east. 12. On the south parking lot, the westerly shall be eliminated or the length of the parking stalls lengthened by four feet. The applicant shall add a retaining wall or equivalent — concrete wall between the southerly sidewalk and the southerly parking lot where the deviation is greater than one foot in height. 13. The applicant shall enter into an encroachment agreement with the city for the trash enclosure and landscaping materials located within the city's drainage and utility easement. The trash enclosure may be relocated to the northeasterly corner of the — parking lot. 14. The erosion control plan shall be revised to extend erosion control Type I fence along — the south side of the construction limits. The plans shall incorporate the City's erosion control detail plate for Type I erosion control fence. 15. Construction access shall be limited to the interior driveways and not from West 78th Street or Kerber Boulevard. 16. The landscape plan shall be revised to show the proposed sidewalks and steps on the south side of the building and relocate plant materials accordingly. 17. The applicant shall dedicate to the city a street and utility easement over the west five feet of the northerly 60 feet of the lot. 18. The applicant shall apply for and obtain the necessary utility permits for extension of utilities to the building from the City's Building Department. 19. All roof top equipment shall be screened. 20. The retaining wall shall be consistent with the architecture of the main building. 21. The trash enclosure shall be compatible with the architecture and materials of the building. 22. Materials used shall be precisely what was presented to the Planning Commission in the applicant's presentation. All voted in favor and the motion canied unanimously. 25 Planning Commission Meeting - March 6, 1996 PUBLIC HEARING: _ PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 11.8 ACRES INTO 23 SINGLE FAMILY LOTS LOCATED ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED WEST OF STRATFORD RIDGE AND NORTH OF THE OAKS OF MINNEWASHTA, OAK RIDGE OF MINNEWASHTA, GREG HAHN. Bob Generous presented the staff report on this item. — Mancino: Any questions from commissioners at this time? Does the applicant wish to address the Planning Commission please? Tom Walsh: Madam Chair, my name is Tom Walsh. I'm...planner for this proposal. Also with me this evening is the...Greg Hahn who is the proposer and Jeff... I just had a comment. Three of the items recommended in the staff report... Item number 2, that the building pads for the lot around the westerly cul-de-sac locate closer to the road in order to pull the houses away from the existing wooded area in the northwest. I just want to make sure that we had an understanding that we're not going to pull those pads so close that we cannot meet setback requirements so we're going to maintain the 30 foot front yard setback and we will build within the parameters. Most of the pad sites on the entire development are...deep by approximately 80 feet wide. Really the proof of what's going to happen there depends on the type of house...rambler or walkout or look-out. Item number 16, it's in the form of a _ recommendation that the applicant shall revise the preliminary plat drawings to incorporate a private street versus a public street and we are proposing a public street that meets all of the ordinance requirements and perhaps this condition should be either scratched or modified so _ that it's clear that we don't have to do a private street for this development. And then item 19. The applicant shall be responsible for payment of deferred assessments for Minnewashta Parkway improvement including interest to date. In addition, the applicant shall be _ responsible for seven additional lots...in the amount of $760.00 plus interest from October, 1993. We've been trying to figure out if this was a 429 with special assessment project. Nothing shows up on our records so I don't know if there was an assessment hearing and — they're presently certified. We have no evidence of that 1983 action. Or 1993. And what I'd just like to suggest is perhaps having the City Attorney looking into it and get some information back to us as to what the particular status of those assessments are...assessments that were placed on the property... Other than that, we...approve this proposal subject to the three issues that we proposed. Mancino: Thank you. Is there anyone else from your group that would like to present anything? Tom Walsh: We're tired. 26 Planning Commission Meeting - March 6, 1996 Mancino: But you're here. Okay. This is open for, this will be open for a public hearing as soon we get a motion and a second. Skubic moved, Meyer seconded to open the public hearing. Mancino: This is open for a public hearing. Those wishing to approach the Planning Commission on this issue, please do now. Mary Blue: Hello. My name is Mary Blue and I live at 6560...Eden Prairie. We just recently purchased a lot to the north of this development at 6770 Country Oaks Road and we looked at the plans and...storm sewer that will be built onto our home? Mancino: Dave, do you want to? Hempel: Sure. Maybe Bob could put up the overhead there to show her the proposed storm sewer. Mancino: Mary, why don't you first show where your property is that you just purchased. Hempel: 7 or 6? Mary Blue: 6. Hempel: 6. That would be this one right here. Mary Blue: Right. And I guess just what my husband and I were worried about is that there is a berm that is on the back of our lot that was previously landscaped. It is overgrown right now and there is some natural land. Anyway, we just are worried or hoping that the integrity of our land will be as we have it...We haven't started building our home but just hope that... Mancino: Sure. Dave can you talk about, will there be a disturbance back there and how much. Hempel: Certainly. The bottom shown in red on this drawing is a proposed storm sewer pipe from the proposed ponding area located back in here. The overflow and take the runoff, through the back yards of the proposed lots and right through the existing lots of Country Oaks. In this area here there was a drainage utility easement that...on the property. Mancino: So right on Mary's property? 27 Planning Commission Meeting - March 6, 1996 Hempel: That's correct. That area's been excavated now and is overgrown with...wetland — type vegetation. Cattails. Tall meadow grasses and so forth. And then the back side, I believe the church owns that. There's some vegetation and landscaping back through there. When the pipe is constructed will be about...disrupted back there, that property would be — restored as it is today. As a part of the road construction, it would also be disrupting most of that lot as well so... Mancino: How much of it do you disturb or do they disturb when you go in and put the sewer? I mean are you talking about 20 feet? 40 feet? Hempel: It should be relatively shallow storm sewer pipe. Probably 25 foot wide area. I think the easement is like 40 feet wide so the...would have to be contained within that easement area. The pipe will be buried so... Mancino: Will it change the ecosystem back there? Hempel: ...typically a lot of the homeowners will sod that area back there. This is at the very far end of the drainage area. Mostly likely it's up under some...use it except for the wet spring and runoff periods of heavy rains. — Mancino: Okay. But whatever is there now will be disturbed? Hempel: Right. Mancino: It won't be the same for a while. Mary Blue: And I understand that and then when you do dig in the ground, you do get a _ natural...and then just where the landscaping currently is on the berm, there is rock. There are bushes. There's trees and stuff under there. And I don't know if the berm is going to be disturbed or not or if it is only in the depression that currently seems to be there. Mancino: Do they put the berm back Dave? If it's in that area and do they put the rock and the landscaping back the way it was? — Hempel: The berm I believe that you're referring to is the back slope. This is the bottom of the ponding area in here. This would be sloping up towards the west, or towards the_..so that — would look like a berm but that slope will be restored. The elevations and the vegetation... let you mow it or sod it. Mary Blue: We haven't decided exactly what we're going to do but that was... 28 Planning Commission Meeting - March 6, 1996 Mancino: Good. Do you have any other questions? Mary Blue: Not at this point, no. Mancino: Thank you. This is still an open public hearing. Anyone else wishing to address the Planning Commission. Seeing none, may I have a motion to close the public hearing please. Meyer moved, Peterson seconded to close the public hearing. Mancino: Commissioners, comments. Craig. Peterson: I don't have a great deal of issues with it at all. It seems to be a relatively straight forward plan. The developers and the city staff seem to have agreed upon the points. The points brought up by the developer were just for clarification issues. They can take care of those. No substantive comments. '— Mancino: Ladd. Conrad: Yeah, looks fine. Mancino: Mike. Meyer: Just maybe a question for Bob. Are you recommending that we delete number 16? Aanenson: Modify it. Generous: Well I was thinking more along the modification that he could add a phrase at the end of the sentence. Or verify that a public street works in conjunction with a storm, single storm water pond for the site. Mancino: Can you say that one more time? Generous: Or verify that a public street works in conjunction with a single storm water pond for the site. The only reason we even went to the private street is because we thought that they might have to enlarged the pond and we wanted to get separation between the house pads and the edge of the ponding areas. Meyer: That's all I have. 29 Planning Commission Meeting - March 6, 1996 Mancino: Bob. Skubic: I also have a question of staff regarding item number 19 that the applicant brought up. Is there a need to re-word that at all? — Hempel: Sure. I can give you a little background on that one. Minnewashta Parkway was upgraded back in 1991-92. The assessment hearing was in 1993. It was a 429 assessment — project_ There were numerous public hearings. I believe the initial assessment amount for that project per unit was close to $1,800.00 or $2,000.00 per unit. But through the public hearing process and neighborhood input and so forth, that per dollar unit was lowered quite a — bit. The initial feasibility report went through and generated a preliminary assessment role based on how many units each parcel could ultimately be developed in. We were very conservative in that number. I think we figured two, two units or 1.7 units per acre and I — think this plat here has 2.3 units per acre. So what typically happens, as each parcel's developed, we actually see how many parcels are able to develop on them, the additional amount of units created are then also charged the additional assessment for this Minnewashta — Parkway improvement project. The city did use MSA funds, State Aid funds, local funds and a very small portion of it was assessed back so, we are attempting to recoup some of the investments the city has put forth into the project by further assessments. Mancino: So there isn't any way until now that anyone would know this? That there were 7 additional lots until the preliminary plat came in. Hempel: That's correct. Mancino: So Mrs. Hallgren wouldn't have known. Hempel: We estimated 16 lots on this parcel. One assessment was paid. The other 15 were deferred until development. Mancino: Okay, thank you. Hempel: City Council does have the authority to waive those additional fees, if they wish to — appeal that additional 7 lots. Skubic: Thank you Dave. — Mancino: Did you have a question at this time? 30 Planning Commission Meeting - March 6, 1996 Tom Walsh: Well Madam Chair, this really doesn't affect Mr. Hahn's purchase of the property but the previous property owner was not really happy with a $16,000.00 assessment. But the issue in question we need to have answered is can you, after the assessments have been certified, then the after the fact collect additional assessments in projects. That's not my understanding of the process and that's what...City Attorney look at it. Because once you certified 16 lots or...in the project, it's very difficult to add and subtract. The city's recouped... Mancino: I take it we've done this before. Hempel: Yes we have. Tom Walsh: ...all we want is some clarification. Hempel: We can certainly get that information. Mancino: Thank you. Jeff. Farmakes: I have nothing further to add. Mancino: Don. Mehl: I have nothing either. Mancino: Okay. I just have two questions. Bob on 17. The applicant shall add a 5 foot wide concrete sidewalk along, is it the northern side of, or I mean the western side of Country Oaks Drive? Hempel: We haven't determined that yet. To the south of the subdivision there's a 5 foot concrete sidewalk going to extended along the west side of Country Oaks Drive. And the existing trail that's in the northern part of Country Oaks is on the eastern side so somewhere inbetween we've got to. Aanenson: Because the park's on the east side. Hempel: We'll work on that with the plan. Mancino: So that hasn't been determined yet, okay. I wondered where that side was not on here. The other question that came up from the applicant Bob was number 2. Pulling those building pads towards the road will still keep this within the setbacks? 31 Planning Commission Meeting - March 6, 1996 Generous: Yes. He shows the building area that has just those little pads were pushed to the — back of where they thought that they'd locate them so. Mancino: So we're able to save trees and still stay in the setback requirements? Okay, good. May I have a motion please? Peterson: I'll make a motion that the Planning Commission recommends approval of the — Subdivision #96-2, the Oak Ridge of Lake Minnewashta prepared by Loucks & Associates, Inc. dated January 19, 1996, creating 23 lots and associated right-of-way subject to the following conditions 1 through 33 and adding to number 16, or verify that a public, I can't — read my writing. Imagine that. Verify that a public street works with a single storm water pond. Does that sound right? Generous: Yes. Mancino: Is there a second to the motion? — Mehl: Second. Mancino: Any discussion? Friendly amendment to 19. Dave, how would you like us to word that as far as having a legal review? Hempel: Consulting the City Attorney to determine the legality of the additional assessments for Minnewashta Parkway. Mancino: Thank you. That will be added to number 19. Will you accept the friendly amendment? Peterson: Yes I do. Peterson moved, Mehl seconded that the Planning Commission recommends approval of Subdivision #96-2, the Oak Ridge of Lake Minnewashta, prepared by Loucks & Associates, Inc., dated January 19, 1996, creating 23 lots and associated right-of-way subject to the — following conditions: 1. Forestation and replacement plantings for the development requires 77 trees chosen from the City's Approved Tree List. Conifer trees shall average seven feet in height with a six foot minimum height. The applicant shall submit a revised landscaping plan, incorporating these changes to the city for review and approval prior to final plat approval. 32 Planning Commission Meeting - March 6, 1996 2. The building pads for lots around the western cul-de-sac be located closer to the road in order to pull the houses away from the existing wooded area in the northwestern corner. 3. The stormwater pipes along the northern property line shall be relocated away from the tree line to preserve these trees. Any additional trees preserved on-site will reduce the — amount of replacement plantings required on site. 4. Trees that are to be preserved on site shall be protected with tree protection fencing — pursuant to city ordinance. Such fencing shall be installed in conjunction with the installation of the erosion control fences and prior to site grading. — 5. Add one fire hydrant at the northeast corner of the intersection at Country Oaks Road and Oak Ridge Court. — 6. Relocate the fire hydrant from between Lots 2 and 3 to Lots 3 and 4, Block 1. 7. The proposed street names "Oak Ridge Lane" and "Oak Ridge Court" must be resubmitted. The city already has an Oakwood Ridge and Country Oaks Road. With four roads named Oak, we are trying to minimize confusion in the event of a police, fire, or medical emergency. 8. A ten foot clear space must be maintained around fire hydrants. City Ordinance 9-1. — 9. In lieu of land dedication, the development shall pay full park and trail fees pursuant to city ordinance. 10. A demolition permit shall be required prior to the removal of any structures on the parcel. This should be done prior to any grading on the property. 11. The applicant shall be responsible for SWMP water quality and quantity connection charges in the amount of $9,444. and $23,364. respectively. Credits will be applied to — these charges based on the applicant's contribution to SWMP requirements. The credits will be determined upon final review of the construction plans. These fees are payable to the city prior to recording the final plat. 12. The applicant shall retain a qualified wetlands delineator to prepare a report or letter of clarification as to the status of the creek through Lots 7 and 8, Block 1. 33 Planning Commission Meeting - March 6, 1996 13. The applicant's engineer and city staff shall work together to reduce the amount of site — grading and the need for the westerly pond by means of adjusting street and house pad grades accordingly. 14. The applicant will need to submit ponding calculations to determine if the ponds are meeting SWMP water quality requirements. The ponds shall also be designed to maintain the predeveloped runoff rate from the site. The outlet pipe from the easterly — storm pond shall be relocated to minimize or avoid tree removal along the north plat line. The applicant will be responsible for acquiring the necessary drainage and utility easement outside the plat for extension of the storm water pipe through the church — property to the north of the site. 15. Staff and the applicant's engineer will be working to adjust site grades to preserve the — tree lines along the north and south property lines of the plat. 16. The applicant shall revise the preliminary plat drawings to incorporate a private street — versus a public street along Oak Ridge Court, or verify that a public street works in conjunction with a single storm water pond for the site. 17. The applicant shall add a 5 foot wide concrete sidewalk along Country Oaks Drive. 18. Erosion control measures shall be implemented on the site to control runoff. All catch basins shall be protected with erosion control fence until the site has been fully revegetated and the streets paved. Rock construction entrances shall be installed and _ maintained at all construction entrance points until the first lift of asphalt has been installed. 19. The applicant shall be responsible for payment of the deferred assessments for the Minnewashta Parkway improvements including interest to date. In addition, the applicant shall be responsible for seven additional lot assessments in the amount of $760. per lot plus interest from October, 1993. The City Attorney will be consulted to verify the legality of the additional assessments. 20. Upon completion, the developer shall dedicate to the city the utility and street improvements within the public right-of-way and drainage and utility easements for permanent ownership. — 21. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of — 34 Planning Commission Meeting - March 6, 1996 completion of each activity in accordance with the City's Best Management Practice Handbook. 22. All public utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. Oak Ridge Court shall be constructed in accordance with the City's private street ordinance. 23. The applicant shall provide detailed ponding calculations for stormwater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post developed stormwater calculations for 100 year storm events and normal water level and high water level calculations in existing basins, created basins and/or creeks. Water quality ponding design calculations shall be based on Walker's Pondnet model. 24. The applicant shall enter into a development contract with the city and provide the necessary financial security to guarantee compliance with the terms of the development contract. 25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, and Minnesota Pollution Control Agency. 26. The applicant shall submit to the city soil boring information prior to final plat consideration. 27. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a minimum of 20 feet wide. Consideration should also be given for access for maintenance of the ponding areas. 28. No berming or landscaping will be allowed within the right-of-way. 29. The lowest exposed floor or opening elevation of all buildings should be a minimum of 2 feet above the 100 year high water level. 30. The proposed stormwater ponds must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. 35 Planning Commission Meeting - March 6, 1996 31. Existing wells and/or septic systems will have to be properly abandoned in accordance — to the City and State Health Department codes. The existing home on Lot 12, Block 1 shall be connected to the sanitary sewer system within 30 days after the system becomes operational. The resident may continue to utilize the well until the well fails at which — time the parcel shall be connected to city water service. 32. The applicant shall report to the City Engineer the location of any drain tiles found — during construction and shall relocate or abandon the drain tile as directed by the City Engineer. 33. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge for these lots which are not adjacent to a wetland, storm pond or catch basin. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AMENDMENT TO SECTION 20-482 OF THE CITY CODE REGARDING REMOVAL OR ALTERATION OF VEGETATION IN THE SHORELAND DISTRICT. — John Rask presented the staff report on this item. Mancino: Questions. Number 2 from the top. You're allowed to have 30 feet or 30% per structure, that means primary and secondary structure? Rask: Well you can have... Mancino: Or is it 30 feet for both? Rask: For both. Well what's showing here is, you'll notice it's not all clear. This would show if somebody was to build a boathouse. They could clear for that separate use, and that's allowed by ordinance now. Again it just wasn't, what we did was, if you create a view but you don't have to put your boathouse in there. You don't have to put your beach in that area, that you can work and clear vegetation in other areas as long as you basically adhere to the standards that are currently in place. Mancino: Can you clear for any other reasons? I mean what if it's not for view or you just want to go down and clear? 36 Planning Commission Meeting - March 6, 1996 Rask: Currently no, and with this would quantify that. The only thing, when developments come in for subdivision approval, that issue can be examined at that time and the Council can be more restrictive or set other standards for clearing the lot of trees. Mancino: Are you going to include these drawings in the ordinances? Rask: Yes. I don't know if we'll include them all but we will provide examples in there. Mancino: Okay. Conrad: Does this apply above the high water mark? Rask: Yes. It'd be from the high water mark up, in most cases 37 1/2 feet and then everything beyond that, like I said, is up to the property owner whether or not they want to -- save there. And that's how the ordinance currently reads. What we're trying to do again is to quantify what intensive vegetation clearing means. Aanenson: So for example, we do have a lot of homes that have the wooded area going all the way up the house, but there is that zone of influence and that's what John tried to show you, that 30 feet that's adjacent to lakeshore that people do want to have an area to recreate. To get their boat in and out of the water, to store and that sort of thing. And that's where there's been some ambiguity and what we've attached as conditions of the subdivision to say, complying with the shoreland regulations. Maybe the neighbors have certain expectation. The developers have certain expectations of what that mean so we're trying to bring some clarity to that. Certainly it's been an issue when we brought before you a subdivision where there's wooded lots along lakeshore that you've maybe gone beyond that, so the Council attach additional. But where we've had some weaknesses is the definition in that zone of influence of the shore and that's what we need clarity on. Conrad: Where the DNR has jurisdiction below the high water mark, what's their regulations on clearing? Rask: Basically it's mandated by the State that the municipalities implement the shoreland regulations. Adopt the shoreland regulations so we get everything above that. Conrad: Yeah, but what do they do? My recollection is they say you can clear a path to clear it to open water. 37 Planning Commission Meeting - March 6, 1996 Aanenson: Correct, and that's the sand, the blanket that John was showing and that you can — do the 50 foot blanket. That in addition to what the DNR would allow you to do and that's, he's got that... Conrad: So they'll allow 50 foot wide? Aanenson: Correct. For the beach area. If we did nothing and someone had a property that had a beachlot, they could go in and put the 50 foot wide, by the DNR regulations. Conrad: The 30% of lot width. The lot has to be 100 feet on the lake. So what does the — 30% do? Rask: That would be. — Conrad: If there's smaller lots. Rask: Yeah. We have a number of small lots on the lake so if they only have, let's say 50 feet, they'd be allowed to go up to. Conrad: 15? Rask: Yeah. Peterson: Which is pretty small. It's a little tunnel. — Aanenson: Right. Actually it's 75 feet of width for most of our lakeshore lots. Mancino: Can you get a boat down there? 15-20 feet. Aanenson: If you can meet the dock setback zones. — Conrad: Riparian lot is 75 feet wide? Aanenson: Correct. Most of them are more than that. Rask: At the lakeshore. — Aanenson: At the lakeshore, yes. It's in conflict with our ordinance which says 90. When we went back and did the shoreland, we tried to make it consistent to the 90 feet but the DNR went to 75 feet. I believe it went back to a different, because our frontages are 90 feet. 38 Planning Commission Meeting - March 6, 1996 But where you have a pie shaped lot. We haven't had that many. Most people try to square the lot off. Conrad: With 75 feet, right at 20,000 square feet lot size? — Aanenson: That's how it used to be. When we went back and did the shoreland regs, now we went back and said 15,000 because we felt like with our storm water management plan that we were already, the only place we didn't change it was on the natural environment lakes. Lake St. Joe was... Mancino: I was going to say. Lake St. Joe there was riparian had to be 20,000. Aanenson: Correct. Conrad: So the integrity of a nice wetland. — Aanenson: Well that was still, that's a good question. That the wetland alteration permit would still come into play, which again we'd look at that separately and that's where John was saying we'd have to look at this when we go through the subdivision process. This is the zone of influence but there's a wetland in there and then that's certainly different criteria than just clearing the shoreland...wetland alteration permit but we tried to narrow those down and not allow quite so much vegetation removal. Foot paths or whatever. Which we have done. Mancino: John on the back page on number 1. Vegetation alteration necessary for the construction of structures. So we need to be more specific? Rask: Well we defined structures in our ordinance. — Aanenson: Yeah, that's a good question. I think the problem here is we pulled this off the current shoreland regs and didn't show you all of it but that structures are defined in shoreland regs. Dock and decks, as John indicated, and boathouses. Those are all defined...That's a good question. Mancino: Any other questions? Seeing none, may I, I'd like to open this for a public hearing. May I have a motion and a second. Skubic moved, Meyer seconded to open the public healing. Mancino: Seeing nobody here to publicly talk, can I have a motion to close the public hearing. 39 Planning Commission Meeting - March 6, 1996 Conrad moved, Mehl seconded to close the public healing. — Mancino: Comments from commissioners. Don. Mehl: I really don't have any comments. Mancino: Jeff. — Farmakes: None. Mancino: Bob. Skubic: Nothing. Mancino: Mike. Ladd. Craig. I don't either. May I have a motion please. Mehl: I'll make a motion that the Planning Commission recommend that the City Council adopt the amendments as described in the staff report dated February 28, 1996. Mancino: Is there a second? Meyer: I'll second that. Mancino: Any discussion? — Mehl moved, Meyer seconded that the Planning Commission recommend that the City Council adopt the following amendments to the Shoreland Ordinance, Section 20-482, described in the staff report dated February 28, 1996. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AMENDMENT TO SECTION 20-1255(9) TEMPORARY DEVELOPMENT SIGNS; — SECTION 20-1301(2) AREA IDENTIFICATION SIGNS, AND SECTION 20-1 DEFINITIONS. John Rask presented the staff report on this item. Mancino: Any questions of staff at this time? -- 40 Planning Commission Meeting - March 6, 1996 Peterson: At one of the last meetings we talked about conceivably a glitch in the sign ordinance where you could have a stand alone, monument, or whatever 20 feet or so high that had signs and I think one of the banks has it. It's got a sign for Century Bank or whatever it is that's got the sign on all four sides or three sides. Aanenson: Yeah, that discussion came out regarding the interpretation of a canopy. I guess staff felt, if someone was willing to spend that much architecturally, another person who had a canopy is Chanhassen State Bank. There isn't too many of those. It is an architectural feature that adds a lot to the building. So that decision was made and...if we got those again, we'd leave it up to the Planning Commission to make that interpretation. I'd suggest that you may want to get the...answer but I think when we do those sign packages as a part of the site plan review, I think that would be good for you to make that interpretation. If you feel that's an architectural feature, that's a canopy and it does specifically state in the ordinance a canopy feature could have a sign. But we would think a better way to go is let the Planning Commission make that interpretation...You're right, we did talk about it. Peterson: Wouldn't it be easier though for us to put it in here? That a canopy can only have one or two signs on it. So we have something to fall back on or is it just? Rask: Yeah, I don't really recall how, the ordinance allows canopy signs right now and I don't recall what our intent was when we adopted it. We do provide a diagram of that in our definition section which shows a marquee with signs on it. Farmakes: I believe originally when they discussed that, the canopy wasn't necessarily a four sided piece. A structure. So then how it, when we're talking about two sides or one side, it potentially could be an octagon. The question is what faces what frontage road? It may face two frontage roads at the same time. Rask: In the case of Century Bank, and this was put in, it was something that was discussed when it went in front of the Council. They were asking for it. They showed signs on that marquee feature and the interpretation given there was they took, they had one frontage so they took the wall area and we determined how much signage they could put on the wall area and they were limited to that amount on the canopy. Mancino: On the whole canopy. Aanenson: Right. 41 Planning Commission Meeting - March 6, 1996 Rask: So they could not, and it came out to 120 square feet maybe. I'm not sure of that — figure but the Council said okay, you can use that amount of sign area and put it on the marquee as you see fit basically was how that all panned out. Aanenson: So they didn't get additional signs. They just put it on a place where it maybe was more visible. So and that goes back to what I said before. I think that would be an interpretation for you to look at and then their commitment on it as part of the sign package... — Farmakes: I think that should be a concern because if they have, sort of a slap on arbitrarily. Something like that just to get that. — Aanenson: Exactly Jeff, that's why I'm saying I think you should make that decision or recommendation, whether or not you feel that's an integral part of the architecture because some people...to get what they want. Mancino: That's a good point. Premiere Video also has a side sign that's not... Rask: Yeah, that was granted as a variance with the Byerly's site plan. Actually I think they came to in a separate sign plan package but they did get a variance for that. It's going to be — Hollywood Video too in a few days so, but their store can have two signs. Mancino: I have a quick question. The one thing that I'm noticing on some of these main entrance signs, and it's the one on Lake Lucy which is Pointe Lake Lucy. The amount of light shining on that. It's a limestone wall and it has lettering and it's very well done but — whereas the Lundgren development to the east of that has just one spotlight on their's, this has two and it's just, we may want to look at wattage at some point on these entrance signs. It's not like there's a big skylight in the sky yet but the wattage is twice, if not 3 or 4 times what — it is in other entrances. So you may want to just take a look at that... Can I have a motion to open this for a public hearing please. Farmakes moved, Meyer seconded to open the public healing. Mancino: Seeing no one here, may I have a motion to close the public hearing. — Farmakes moved, Meyer seconded to close the public healing. Mancino: Thank you. Don. Comments. Mehl: No, I don't have anything at this time. 42 Planning Commission Meeting - March 6, 1996 Mancino: Jeff. Farmakes: I'll go with the staff recommendation on this. Mancino: Bob. Skubic: No comments. Mancino: Mike. Ladd. Craig. Peterson: No comments. Mancino: I don't either. May I have a motion please? Skubic: I'll make a motion that the Planning Commission recommend that the City Council adopt the following amendments as described in the staff report dated February 28, 1996, items 1 through 3. Mancino: Is there a second to the motion? Meyer: Second. Mancino: Any discussion? Skubic moved, Meyer seconded that the Planning Commission recommends that the City Council adopt the following amendments as described in the staff report dated February 28, 1996: 1. Amend Section 20-1255(9)(a) to read, "Not more than one (1) non-illuminated sign per street frontage, provided that the total number of signs do not exceed two (2) per project. 2. Amend Section 20-1301(2) Area identification/entrance signs to read: Only one (1) monument sign may be erected at the primary entrance(s), which shall not exceed twenty-four (24) square feet of sign display area, nor be more than five (5) feet high. Any such sign or monument shall be designed so that it is maintenance free. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, and shall be securely anchored to the ground. 43 Planning Commission Meeting - March 6, 1996 3. Section 20-1, Definitions. Signs, ground low profile business, means a business sign _ affixed directly to the ground, which directs attention to a business, commodity, service or product offered on the premises. All voted in favor and the motion carried unanimously. NEW BUSINESS: — Aanenson: Maybe I'll just take the seminary site. I just put this, included it for your edification. The Building Official, Steve Kirchman, through another matter was apprised of a situation. He did go down. There's two homes on the seminary site and the one that they are trying to get, or to vacate, is draining right into the creek there and it's pretty hazardous so they are working with the owners of the property to get it repaired or vacate the property so we appreciate his efforts in going down and investigating that. There was another issue as far as...extra measure to check on that issue and we appreciate that. Just as a side bar, we did have a meeting with the DNR and watershed districts on the seminary site and we're moving — forward. It's part of our plan in that 1995 study area, so some exciting things are happening there. Hoping to get the wetlands delineated there. Hopefully they'll be coming forward with _ a proposal on that property which I think is probably one of the best uses for the property. So I just wanted to let you know that hopefully we're stopping a problem down there. It's very critical. If you had an opportunity to see the article in the Star and Tribune about the _ seminary site. It's probably one of the most unique sites in the state as far as the type of vegetation. The DNR is very interested in that property. Preserving it so that's exciting. Mancino: Is that in the final stages? Aanenson: It's pretty close. There's also somebody else looking at which may be a — compatible use too so, I think either one. Either way we're going to have a use that's going to be low intensity on that property and hopefully get closure on it. The concern that we have right now is that, in those outside the MUSA, there's enough motivation for people to — take that density and cluster it to try to do large lot developments...destroy the integrity of the property. So that's all I had. Mancino: May I have a so noting of the Minutes please. APPROVAL OF MINUTES: Peterson moved, Meyer seconded to note the Minutes of the — Planning Commission meeting dated February 12, 1996 as presented. 44 — Planning Commission Meeting - March 6, 1996 CITY COUNCIL UPDATE: — Aanenson: On the 26th of February the City Council heard several items. The meeting went very late so they tabled the meeting and concluded it this Monday, March 4th. So on the 26th they tabled the amendment for the landscape nurseries and garden centers. They — approved first reading but they did table the second reading. To look at some other issues there. They did approve the first reading of the commercial stables and kennels in the business fringe district. They approved the preliminary plat in the Knoblauch subdivision. — They did leave off the condition that was a requirement for the additional right-of-way for Mr. Knoblauch to dedicate to Mr. Donovan's property towards Yosemite. And they also approved Applebee's restaurant site plan and they did deny the variance for the additional signage. Then on March 4th, the items that were carried over were the code amendment for landscaping. Tree removal for transitional buffering. They approved the first reading. They did require a modification for second reading and that would be, if the neighbors wanted 100% screening, that maybe the existing...the existing neighbor responsible for a portion of that and...So the second reading that change will be in place. And they also approved the first reading of the bluff ordinance and side slope clarifications. They did want the staff to investigate a couple pieces of properties they had some concerns on so...they'll both be on the consent on the 11th. Mancino: Okay, thank you. Ongoing items. — ONGOING ITEMS. Aanenson: I just wanted to let you know that we do have our work session set for the 20th. I shared with Nancy earlier what we had set up. We're going to start at 6:30. We'll have dinner. The first think will be tax increment financing. Todd Gerhardt will do that. Talk to you on that. Nancy's going to give us an update on where we're at the park referendum. — Nancy and I will both be talking about where we are with the Bluff Creek study. I think it's pretty exciting what's happening. I'll also be talking about the Livable Communities Act. What we need to do as far as recommendations that we have to submit by June any ordinance — changes. So I'll be sharing with you what I'll be proposing there. And also we mapped out now a whole strategy for what we're looking at breaking down the whole hearing process timeframe for zoning the rest of the property that was in the 1995 study area. We did get the — other portion of the Highway 5 approved, as I indicated, by the Met Council. Now we haven't brought it into the MUSA but the zoning's in place. So we're kind of working through that process, and I'll break it down with the rest of that southern area. I did indicate earlier that we may be looking at the IOP amendment. I have met with Barry Warner, the consultant we're using on that. He did have a conflict with that meeting so we will put that 45 Planning Commission Meeting - March 6, 1996 on, it looks like we'll have a very light agenda on April 3rd so hopefully we'll be able to get — that one. Mancino: The car dealership. — Aanenson: The IOP amendment, yes. So we'll have, just what we're doing is just calling some other cities and looking at that issue so we're...with no recommendation. It's just kind of for your information. Some other cities and what they've done. Farmakes: We're actually looking at those things...presentation for them, it might be helpful if we actually see the product, or at least ask them to enclose the product in their presentation that you have. In other words, put the cars out in front of the building. Aanenson: I guess where I'm coming at from still...do you even want that type of zoning and what are the issues... That's kind of first step and then what I'm asking, after the closure of the next portion is to ask where you want me to take the next step...if and, if and, so we're — taking the first component. If you want us to proceed, then we've got a couple other courses of action that you want us to do. So the first plan is just look at some other communities. What they've done. Some issues...so that's kind of how we broke it down. — Mancino: So at this point we're not looking at Chanhassen and other sites? Aanenson: Correct. Mancino: We're just looking at what's been done in communities around us and. Aanenson: Issues with car dealerships. — Mancino: Open discussion. Did you want to talk about this? Aanenson: Oh yes. We will be presenting, we're going to show you a couple of highlights on this. This is something that Bob has put together every year. Just some interesting tidbits for you. We'll be presenting this to the Council on March 18th at their work session. Some -- interesting facts here. This was the first year that we actually issued more multi-family permits than we did single family permits. We issued over 500. The first time in the history that we've ever issued that many. We also did quite a bit of industrial development... — A motion was made to adjourn the meeting. Submitted by Kate Aanenson, Planning Director Prepared by Nann Opheim 46 CITY 4 F CHANHASSEN. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Planning Director DATE: March 26, 1996 SUBJ: Automobile Dealership The last time the Planning Commission discussed automobile dealerships in the IOP District, you —" directed staff to further investigate some issues. Since that time, staff has met with Barry Warner of SRF Consulting Group. Attached is a survey of other communities with car dealerships and the appropriate zoning ordinances. Barry Warner will be at the meeting to present these findings. Staff is seeking further direction on this issue as to how to proceed. SUConsulting Group , Inc . Transportation • Civil • Structural • Environmental ■ Planning • Traffic • Landscape Architecture • Parking MEMORANDUM TO: Kate Aanenson, Planner — City of Chanhassen FROM: Barry Warner, ASLA, AICP Shannon Allen — SRF Consulting Group, Inc. DATE: March 22, 1996 — RE: PLANNING SURVEY REGARDING AUTOMOBILE DEALERSHIP Attached are summaries of phone conversations and copies of zoning and sign ordinances relating the auto dealerships from the majority of the cities we discus earlier this month. The majority of the cities have auto dealerships in business, commercial or industrial districts, few of — which are specifically auto oriented. Design is controlled through the conditional use permit process, which is needed primarily as a condition of outdoor display or storage. The conditional use permit process enables the city to review building and site plans. Several planners note the importance in trying use physical barriers to define areas within the parcel and the value in having the permits reviewed or — renewed each year. Advertising is controlled through each city's sign ordinance. Enforcement of the conditional use permit and sign ordinance is an ongoing process. The conflicts or issues most commonly mentioned by the planners include: • noise • light • traffic related issues, e.g. driveways located too close to intersections — • test driving through neighborhoods • vandalism of autos, e.g. theft of hub caps or batteries • loading and unloading of transport vehicles on city street -- • non-compliance with permits, e.g. display of autos on grass or in employee parking spaces CITY PLANNER PHONE ZONING SIGN — CONVERSATION ORDINANCE ORDINANCE Eden Prairie Mike Franzen ,f ,/ J Burnsville Barb Anderson 4 ,f 4 - St. Louis Park Ernie Peterson ,/ 4 J White Bear Lake James Robinson ,J 4 4 Brooklyn Center Brad Hoffman — Roseville Dennis Welsch .J 4 J Stillwater/ Steve Russel/ g Oak Park Heights Mike Robertson ,f Minnetonka Kim Lindquist ,J 4 -- Woodbury Dwight Picha Eagan Lisa Freese NI g — Plymouth/ Berg Strom/ ,f 4 4 Richfield Julie Urban N/ d -Ni Maple Grove Randy Grayes 1,f g -- — SR1- Consulting Group, Inc. One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 55447-4443 Telephone (612) 475-0010 ■ Fax (612) 475-2429 — An Equal Opportunity Employer CITY OF EDEN PRAIRIE MIKE FRANZEN, 949-8485 Auto dealerships are addressed in the Regional Commercial district and the district along major highways. Neither are specifically auto oriented businesses districts. An auto dealership requires a variance for outdoor display. If the dealership is large enough it would go through the Planned Unit Development process. Eden Prairie has limits on outdoor display, the area allowed for outdoor display is 10 percent of the building. Through the variance process the city has design controls. The dealership building must be sited up-front on the lot with the majority of the cars around back. Adequate screening must be provided. There can be no flags or special events. They were fortunate to be able to locate the dealerships in the right locations - next to Menardds where there was already outdoor display, and back against a hill. Dealerships are not near residential areas. Dealerships are for new and used cars and trucks. There can be no campers, boats, large trucks, etc. as set as a condition of the variance. As dealerships are in such general districts almost any auxiliary uses are permitted - as long as they are within the building and meet the building and air quality standards. An existing auto dealership in Eden Prairie recently applied to have a service department. This was approved by the city as the cars go in one side and out the other. Service is all taken care of within the building, there are not 15 unsightly overhead doors open all day. Advertising is addressed through the variance and the sign ordinance. Eden Prairie has a very restrictive sign ordinance and they did not need to create a special standard for auto dealerships. Currently there are no conflicts with adjacent land uses. Initially there were conflicts with the loudspeakers, but now the salespeople are required to wear pagers and carry cellular phones. The issue of light was addressed in the variance and therefore is not a problem. Parking lot lights are no higher than 15-feet on average. The roadways have sufficient capacity. The dealerships are designed in such a way that they look like office or commercial buildings. — They have a display out front, but the majority are in back. Heavy screening is required. They spend a lot of time sectioning up the parking lot with landscaping. It is basically the same as other commercial development. Attached is Chapter 11 and 12 of the zoning and subdivision regulations, dealing with performance standards and signage. The related zoning ordinance does not have a laundry — list of uses and would therefore be of little use. City Code Chapters 11 and 12 Zoning and Subdivision Regulations CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 NOTICE The City Code is a comprehensive codification of all City legislation. This package contains only Chapter 11, entitled "Land Use Regulations (Zoning)". While this Chapter is an integral part of the City Code, its provisions may rely on, or refer to, other portions of the Code. In those instances the user is referred to the other Chapters for completeness. City of Eden Prairie 5th Addition January 1995 Updated through Ordinance 2-95 CHAPTER 11 - LAND USE REGULATIONS (ZONING) Section 11.01 Objectives 11- 1 Section 11.02 Definitions 11- 1 - Section 11.03 Establishment of District, Special Requirements and Performance Standards 11-7 Subd. 1. Establishment of Districts 11-7 Subd. 2. District Standards 11- 8 Subd. 3. Special Requirements 11-9 - Subd. 4. Performance Standards 11-21 Subd. 5. Performance Standards -Tests 11-22 Subd. 6. Site Plan and Architectural Design Review 11-23 - Section 11.04 Limitation on Uses 11-25 Section 11.05 Heritage Preservation Sites 11-25 Subd. 1. Declaration of Public Policy and Purpose 11-25 Subd. 2. Definitions 11-25 Subd. 3. Designation of Heritage Preservation Sites 11-26 Subd. 4. Additional Powers and Duties of the Commission 11-27 Subd. 5. Review of Permits 11-27 - Subd. 6. Emergency Repair 11-29 Subd. 7. Repository for Documents 11-29 Subd. 8. Recording of Heritage Preservation Sites 11-29 - Sections 11.06-11.09 Reserved Section 11.10 R-Rural District 11-29 - Subd. 1. Purposes 11-29 Subd. 2. Permitted Uses 11-29 Section 11.11 R-1 One Family Residential Districts 11-30 Subd. 1. Purposes 11-30 - Subd. 2. Permitted Uses 11-30 Sections 11.12-11.14 Reserved - Section 11.15 RM Multi-Family Residential District 11-30 Subd. 1. Purposes 11-30 Subd. 2. Permitted Uses 11-31 Subd. 3. Required Conditions 11-31 Sections 11.16-11.19 Reserved Section 11.20 OFC Office District 11-31 - Subd. 1. Purposes 11-31 Subd. 2. Permitted Uses 11-31 Subd. 3. Required Conditions 11-31 - Sections 11.21-11.24 Reserved Section 11.25 C-Commercial Districts 11-32 Subd. 1. Purposes 11-32 Subd. 2. Permitted Uses 11-33 Subd. 3. Required Conditions 11-33 Sections 11.26-11.29 Reserved Section 11.30 I-Industrial Districts 11-33 Subd. 1. Purposes 11-33 Subd. 2. Permitted Uses 11-34 Subd. 3. Required Conditions 11-34 Sections 11.31-11.34 Reserved Section 11.35 PUB-Public 11-35 Subd. 1. Purposes 11-35 Subd. 2. Permitted Uses 11-35 Sections 11.36-11.39 Reserved Section 11.40 Planned Unit Development (PUD) Concept 11-35 Subd. 1. PUD Concept Review 11-35 Subd. 2. Definition 11-35 Subd. 3. Zoning District Supplement 11-35 Subd. 4. Purpose 11-36 Subd. 5. Designation 11-36 Subd. 6. Minimum Area 11-36 _ Subd. 7. Permitted Uses 11-36 Subd. 8. Zoning and Subdivision Standards and Requirements 11-36 Subd. 9. Application 11-36 Subd. 10. Public Hearing 11-38 Subd. 11. Findings Required 11-39 Subd. 12. Revisions and Amendments 11-39 Section 11.41 Conditional Use Permits 11-40 Subd. 1. Declaration of Policy and Purpose 11-40 Subd. 2. Areas Where Conditional Use Permits May Be Granted 11-40 Subd. 3. Required Conditions 11-40 _ Subd. 4. Additional Conditions 11-41 Subd. 5. Procedure 11-41 Subd. 6. Revisions and/or Changes 11-41 Subd. 7. Cancellation of Conditional Use Permits 11-42 Subd. 8. Conditional Use Permit Required 11-42 Sections 11.42-11.44 Reserved Section 11.45 Flood Plains Regulation 11-42 Subd. 1. Statutory Authorization, Purpose and Disclaimer 11-42 Subd. 2. General Provisions 11-42 Subd. 3. Definitions 11-43 Subd. 4. Conflict With Other Regulations And General Compliance 11-43 Subd. 5. Authorized And Permitted Uses 11-44 Subd. 6. Use And Construction Standards 11-44 Subd. 7. Permit Required 11-45 Subd. 8. Certification of Floor Elevations 11-46 Subd. 9. Severability 11-46 Sections 11.46-11.49 Reserved Section 11.50 Shoreland Management 11-52 - Subd. 1. Declaration of Policy and Procedures 11-52 Subd. 2. Definitions 11-52 Subd. 3. Regulation of Structures Within the Lake 11-55 - Subd. 4. Shoreland Management Classifications 11-57 Subd. 5. Sanitary Restrictions 11-58 Subd. 6. Zoning Restrictions 11-59 Subd. 7. Additional Zoning Restrictions 11-62 Subd. 8. Shoreland Alterations 11-63 Subd. 9. Subdivision Restrictions 11-64 Subd. 10. Administration, Application and Issuance of Certain Permits 11-64 Subd. 11. Variance Standards 11-65 Subd. 12. Non-Conforming Structures 11-66 Subd. 13. Enforcement 11-66 Subd. 14. Authority 11-66 Subd. 15. Interpretation 11-66 Sections 11.51-11.54 Reserved Section 11.55 Mining Operation, Land Alteration and Environmental Preservation Regulations 11-66 Subd. 1. Declaration of Policy and Purpose 11-66 Subd. 2. Definitions 11-67 Subd. 3. Permit Required 11-68 Subd. 4. Application for Mining Operations Permit 11-68 Subd. 5. Application for Land Alteration Permit, Fees, Council Action, Bond 11-70 - Subd. 6. Regulations and Requirements for Mining Operations 11-75 Subd. 7. Regulations and Requirements for All Land Alterations 11-76 Subd. 8. Unlawful Act and Additional Liabilities 11-79 Sections 11.56-11.59 Reserved Section 11.60 Sloped Ground Development and Regulations 11-79 Subd. 1. Findings and purpose 11-79 - Subd. 2. Definitions 11-79 Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes 11-79 Sections 11.61-11.64 Reserved Section 11.65 Home Occupation 11-81 _ Subd. 1. Required Conditions 11-81 Section 11.66 Family Care Homes 11-82 Subd. 1. Objectives 11-82 Subd. 2. Definitions 11-82 Subd. 3. Additional Purposes 11-83 Subd. 4. Additional Purposes 11-83 Subd. 5. Family Care Home Requirements in Addition to Those Set Forth in Section 11.03 Relating to the Rural, R-1 and RM Districts 11-84 Sections 11.67-11.69 Reserved _ Section 11.70 Sign Permits 11-85 Subd. 1. Purpose and Intent 11-85 Subd. 2. Definitions 11-85 Subd. 3. General Provisions Applicable to All Districts 11-89 - Subd. 4. District Regulations 11-95 Subd. 5. Administration and Enforcement 11-103 Subd. 6. Non-Conforming Signs 11-105 Section 11.71 Repealed 11.105 Sections 11.72-11.74 Reserved (� Section 11.75 Non-Conforming Uses, Structures and Signs 11-106 I Subd. 1. Purposes 11-106 • Subd. 2. Continuation and Maintenance 11-106 _ Section 11.76 Variances 11-106 Subd. 1. Purposes and Authorization 11-106 1 • Subd. 2. Application and Fee 11-106 Subd. 3. Time Limitation 11-106 Section 11.77 Zoning Certificate and Certificate of Occupancy 11-107 Subd. 1. Purposes and Requirements 11-107 Subd. 2. Building Permit 11-107 — Subd. 3. Occupancy Certificate 11-107 Section 11.78 Amendments 11-107 Subd. 1. Purposes 11-107 Subd. 2. Initiation 11-107 Subd. 3. Application and Fee 11407 . Subd. 4. Public Hearing 11-107 Subd. 5. Reapplication 11-107 Subd. 6. Adoption 11-107 Section 11.79 Administration 11-108 Subd. 1. 11-108 Subd. 2. 11-108 Subd. 3. Fees 11-108 ' • Section 11.80 Official Map 11-108 Sections 11.81-11.98 Reserved Section 11.99 Violation a Misdemeanor 11-108 • CHAPTER 11 } - f LAND USE REGULATIONS (ZONING) - SECTION 11.01. OBJECTIVES. This Chapter is adopted to protect and to promote the public health, safety,peace, comfort,convenience, prosperity, and general welfare, and specifically to achieve the following objectives: (1)to assist in the implementation of the City Comprehensive Guide Plan as amended; (2) to foster a harmonious, convenient workable relationship among . land uses; (3) to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions; (4)to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to prevent excessive population densities and over-crowding of the land with structures; (6)to promote a safe,effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck loading - facilities; (8) to facilitate the appropriate location of community facilities and institutions; (9)to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10)to protect and enhance real property values; and, (11) to safeguard and enhance the appearance of the City, including natural amenities of hills, woods, lakes, and ponds. • SECTION 11.02. DEFINITIONS. — For the purpose of this Chapter, the following terms shall have the meanings stated: 1. "Accessory Building" -A detached structure which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. 2. "Accessory Use" - A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or lot. 3. "Agriculture" -The cultivation of the soil and all activities incident thereto, except that said term Shall not • include the raising and feeding of hogs, sheep, goats,cattle, poultry, and fur bearing animals and shall not include riding academies, commercial stables or kennels. • Source: City Code Effective Date: 9-17-82 4. "Base Area" - The "Base Area" of a building or buildings shall be the sum of the gross horizontal areas of the first floor of such building or buildings measured from the exterior faces of the exterior walls or from the centerline of party walls separating two buildings. In particular, "Base Area" shall include: a. Elevator shafts and stairwells on the first floor. — b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half feet, except equipment, open or closed locked on the roof, i.e., bulkheads, water tanks and cooling towers. — a c. 40% of the porch when the porch is completely enclosed. 5. "Base Area Ratio" - The ratio of total base area to total lot area. Source: Ordinance No. 9-87 Effective Date: 5-7-87 r 11-1 • - i 6. "Buffer" -The use of land, topography (difference in elevation), space, fences or landscape plantings to screen or partially screen a tract or property from another tract or property and thus reduce undesirable influences such as: sight, noise, dust, and other external effects which a land use may have upon other adjacent or nearby land uses. ; 7. "Building" - Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so I separated shall be deemed a separate building. t i Source: City Code Effective Date: 9-17-82 8. 'Building Height" - Is the vertical distance above a reference datum measured to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: a. The elevation of the highest adjoining ground surface within a 5 foot horizontal distance of the • exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. b. An elevation 10 feet higher than the lowest grade when the ground surface described in "a" above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Source: Ordinance No. 18-90 Effective Date: 9-21-90 9. "Building Length" -The length of a building as related to any property line is the length of that portion of the property line from which when viewed directly from above, lines drawn perpendicular to said line will intersect any wall of the building. Source: City Code — Effective Date: 9-17-82 10. "Conditional Use" - A use which is not permissible in a zoning district but which may under certain circumstances and with the application of certain conditions be suitable. Source: Ordinance No. 30-83 Effective Date: 7-22-83 11. "Corner Lot" - A lot situated at the junction of and fronting on two or more streets. 12. "Court" - An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot. Source: City Code Effective Date: 9-17-82 13. "Cul-de-sac" - A street closed on one end, with one point of entry, and a circular turnaround having a minimum radius of 50 feet. Source: Ordinance No. 15-85 Effective Date: 5-30-85 14. "Depth of Lot" - The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. 11-2 15. "Depth of Rear Yard' -The mean horizontal distance between the rear line of the building and the rear lot line. 16. "District" - A portion or portions of the City for which land use regulations under this Chapter are the same. 17. "Dwelling" -Any building which is designed or used exclusively for residential purposes by one or more people, not including hotels, motels, rest homes, hospitals or nursing homes. 18. "Dwelling-Multiple Family' - A building designed for or occupied by two or more families. 19. "Dwelling-One or Single Family" - A building designed for or occupied exclusively by one family. 20. "Dwelling-Unit or Group'-Residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers or boarders. 21. "Family" - One or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations. 22. "Floor Area" -The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular "floor area" shall include: a. Elevator shafts and stairwells at each floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half feet, except equipment, open or enclosed located on the roof, i.e., bulkheads, water tanks and cooling towers. c. Interior balconies and mezzanines. d. 40% of porch when the porch is completely enclosed. 23. "Floor Area Ratio" - The ratio of total floor area to total lot area. 24. "Group Usable Open Space" - Land area and facilities specifically designated and developed for group recreational or social activities. 25. "Home Occupation" - Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. 26. "Hotel" - (See Motel/Hotel) 27. "Loading Space" - A space accessible from a street, alley or way, in a building or on a lot, for the use of vehicles while loading or unloading merchandise or materials. 28. "Lot" -One unit of a recorded plat, subdivision, or registered land survey, or a recorded parcel described by metes and bounds. 11-3 29. "Lot Area" - The lot area is the land area within the lot lines. 30. "Lot, Depth" -The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lessor frontage is its width. 31. 'Lot-Interior" - A lot other than a corner lot. 32. "Lot Line" - The line bounding a lot as defined herein. When a lot line abuts on a street, avenue, park or other public property, such line shall be known as a street line. 33. "Lot Line, Corner" - A lot bounded by two or more intersecting streets. 34. "Lot Line, Front" -When a lot fronts on a public street, the street right of way shall be the front lot line. - 35. "Lot Line, Rear' -That boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. 36. "Lot Line, Side" - Any boundary of a lot which is not a front or rear lot line. 37. "Lot-Through" - An interior lot having frontage on two streets. 38. 'Lot, Width" - The width of a lot is its own mean width measured at right angles to its mean depth. 39. "Motel/Hotel" -A building or group of buildings used primarily for the temporary residence and supportive service of motorists or travelers. 40. "Non-Conforming Use' - Use of a building or of land that does not conform to the regulation as to use for the district in which it is situated. 41. "Nursing Homes" - A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, which does not provide for hospital care. Source: City Code Effective Date: 9-17-82 42. 'Private School', A school which is not owned or operated by a public entity, and which offers general primary and/or secondary educational instruction equivalent to grades K through 12. Source: Ordinance No. 12-87 Effective Date: 3-17-88 42a. "Recreational Vehicle" -Any trailer,watercraft, snowmobile,pull camper, all terrain vehicle, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one recreational vehicle. Source: Ordinance No. 22-88 Effective Date: 4-27-89 43. "Public Facilities and Services" - Those facilities owned by any governmental unit and those services related to electric, gas, telephone and cablevision utilities. 11-4 Source: City Code Effective Date: 9-17-82 44. "Related Boarding Facilities" -The term "related boarding facilities" as used in Section 11.35, Subd. 2, E in this Chapter means a structure which has as its sole function the boarding of students who are enrolled at a single private school, and which is located upon the same parcel of property as the private school for which is provided boarding. Source: Ordinance No. 12-87 Effective Date: 3-17-85 45. "Right-of-Way Line" - The dividing line between the lot and the street. 46. "Setback" -The minimum horizontal distance between a building and the street or lot line. 47. "Stable-Private" - A stable is any building located on a lot on which a residence is located, designed, arranged, used or intended to be used, for not more than four horses for the private use of the residence, but shall not exceed 600 square feet in area. Source: City Code Effective Date: 9-17-82 48. "Stable-Commercial" - A place where five or more equines are kept for remuneration or hire. Source: Ordinance No. 34-83 Effective Date: 8-26-83 49. "Story" -That portion of building included between the surface of any floor and the surface of the floor next above; or if there is not floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. 50. "Story-Half" -A portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls, are not more than two feet above the floor of such story. 51. "Street" - A public thoroughfare for vehicular and pedestrian traffic. 52. "Street Line' - The dividing line between the lot and the street. 53. "Structure" - Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. 54. "Structure-Alterations" - Any change in the supporting members of a building such as bearing walls, columns, beams or girders. 55. "Use" -The purpose for which land or premises or a building thereof is designated, arranged or intended, or for which it is or may be occupied or maintained. 56. "Use Principal" -The main use of land or buildings as distinguished from a subordinate or accessory use. 57. "Variance" -A modification or variation of the provisions of this Chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. 58. "Yard" - That portion of a lot not occupied by a structure. 11-5 r 59. 'Yard Depth of Rear" - The mean horizontal distance between the rear line of the building and rear lot j i line. Source: City Code — Effective Date: 9-17-82 ! i J Fi } 60. "Yard-Front" - A yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. "Z 1 .1 Source: Ordinance No. 1-90 Effective Date: 2-1-90 — 61. "Yard-Rear" - An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. -- – Source: Ordinance No. 9-87 Effective Date: 5-7-87 – 62. "Yard-Required" - That portion of a side, front, or rear yard, nearest the designated lot line and having the width or depth required in the district in which located. 63. "Yard-Side" -An open unoccupied space on the same lot with a building between the building and the side line of the lot, and extending from the front lot line to the rear of the back yard. Definition section amended and renumbered: Source: Ordinance No. 18-90 Effective Date: 9-21-90 Source: Ordinance No. 1-90 • . – Effective Date: 2-1-90 Source: Ordinance No. 22-88 – Effective Date: 4-27-89 Source: Ordinance No. 12-87 _ Effective Date: 3-17-88 Source: Ordinance No. 9-87 �~ Effective Date: 5-7-87 1 , Source: Ordinance No. 15-85 Effective Date: 5-30-85 4 • Source: Ordinance No. 114-84 1 . Effective Date: 11-1-84 _ i Source: Ordinance No. 37-83 Effective Date: 9-30-83 Source: Ordinance No. 34-83 Effective Date: 8-26-83 11-6 �J SECTION 11.03. ESTABLISHMENT OF DISTRICT,SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS. Source: City Code Effective Date: 9-17-82 Subd. 1. Establishment of Districts. — A. The following Districts, with the abbreviations stated, are hereby established. (Some Districts are subdivided for the purpose of this Chapter, in which case, only the abbreviations of such subdivisions may be shown.) DISTRICT TITLE ABBREVIATION Rural District R One-Family Residential District R-1 R1-44 R1-22 R1-13.5 R1-9.5 Multi-Family Residential District RM RM-6.5 RM-2.5 Office District OFC Commercial District C Neighborhood Commercial District N-Com Community Commercial District C-Com Regional Commercial District C-Reg Regional Service District C-Reg-Ser Highway Commercial District C-Hwy Industrial District 1 Industrial Park District I-2 Industrial Park District I-5 General Industrial District I-Gen Public District PUB (Prey. Ordinance No. 1-90 Effective Date: 2-1-90) (Prey. Ordinance No. 137-84 Effective Date: 1-17-85) . B. The location and boundaries of the Districts established in this ordinance are set forth on the zoning map entitled 'Zoning Map of the City of Eden Prairie' and the legal description of the land in each District and the zoning map are on file and open to public inspection in the office of the City Manager. In case of discrepancy between legal description and zoning map, the legal description will prevail. C. For ease of reference ordinances changing District zoning between November 6, 1969, and April 3, 1984, are set forth in City Code Chapter 25. Source: Ordinance No. 9-87 Effective Date: 5-7-87 11-7 Subd. 2. District Standards. A. The following criteria shall apply to certain Districts: p 1. In the R1-13.5 District, the maximum gross density is 2.5 units per acre. 2. In the R1-9.5 District, the maximum gross density is 3.5 units per acre. 3. In the Rural District, the minimum frontage on a street right of way is 100 feet. — Source: City Code Effective Date: 9-17-82 4. In R1-13.5, R1-22 and R1-44 Districts, the minimum frontage on a cul de sac street right of way is 85 feet, 90 feet and 100 feet respectively, except for lots abutting entirely on the arc of the circular turnaround portion of the cul-de-sac, in which case the minimum frontage on a street right of way is 55 feet. (Preliminary plats approved prior to the effective date of Ord. 15-85 are exempt from these conditions.) Source: Ordinance No. 1-90 Effective Date: 2-1-90 (Prey. Ordinance No. 72-84 Effective Date: 4-5-84) 5. In R1-9.5 Districts, the minimum frontage on a cul-de-sac street right of way is 70 feet, except for lots abutting entirely on the arc of the circular turnaround portion of the cul-de-sac, in which case the minimum frontage on a street right of way is 55 feet. (Preliminary plats approved prior to the effective date of Ord. 15-85 are exempt from these conditions.) Source: Ordinance No. 15-85 Effective Date: 5-30-85 6. In the R1-9.5 District, the side yard setback on the garage side, where there is a double garage, - is at least 5 feet, for a total of at least 15 feet on both sides, and where there is a single garage, the side yard setback on the garage side is at least 17 feet, for a total of at least 27 feet on both sides. 7. In the Rural, R1-44, R1-22, R1-13.5 and the R1-9.5 Districts, the total ratio of the total square footage of all garages (attached and detached), and all accessory buildings to the total lot area shall not exceed .075. € 8. A minimum yard setback may be zero feet in RM Districts in any instance where a wall common to two or more dwelling units is situated on a lot line. All other setbacks provided in the Chapter shall apply,except in those instances where only one side yard setback may be zero feet, the other side yard setback shall be that required for 'one side'. 9. The edge of a driveway in the One Family Residential District shall not be closer than 3 feet to a side lot line and shall not cross the extension of a property line to the curb line. 10. In the RM-6.5 District the minimum size of lot or lots on which are situated two dwelling units — is 13,000 square feet. In the case of a duplex lot, the minimum lot size on which is situated one dwelling unit shall be no less than 6,000 square feet. 11-8 • Source: City Code Effective Date: 9-17-82 11. In the Public District, a private school and related boarding facility shall be located on a parcel of land of not less than 25 acres and shall have a floor-to-area ratio of 0.1 to 1.0. Such a use shall not include any outside storage. Source: Ordinance No. 12-87 Effective Date: 3-17-88 B. The following criteria shall apply to all Districts: (See Tables on City Code pages numbered 11-10a through 11-10e) Source: Ordinance No. 72-84 Effective Date: 4-5-84 Subd. 3. Special Requirements. The following special requirements shall apply to all Districts: Source: City Code Effective Date: 9-17-82 A. Lots in all Districts except the RM Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than 90 feet. Source: Ordinance No. 72-84 Effective Date: 4-5-84 B. Lots which rear on a railroad or freeway shall have at least 150 feet depth. Source: City Code Effective Date: 9-17-82 C. Where 40% or more of block is developed, the required setback shall be equal to or greater than the average existing setback. Source: Ordinance No. 72-84 Effective Date: 4-5-84 D. Rear or side yard requirements for dissimilar abutting districts must meet the larger of the two requirements. Source: City Code Effective Date: 9-17-82 E. Fences, walls, hedges not over 6 feet in height may occupy any yard except no fence, wall, hedge or other planting exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. F. Towers, spires, chimneys, water tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary mechanical appurtenances covering not more than 10% of the ground area may be erected to a height of not more than 25 feet in addition to the maximum height permitted. Source: City Code Effective Date: 9-17-82 11-9 i , G. Screening and Landscaping. 1. Definitions. For the purposes of this Section, the following terms shall have the meanings stated: I (a) Caliper: The length of a straight line measured through the trunk of a tree twelve (12) . .. inches above the base. (b) Coniferous/Evergreen Tree: A woody plant which, at maturity, is at least thirty(30)feet or more in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. (c) Clear Cutting: Removal of all existing significant natural vegetation on a particular piece of property. _ (d) Deciduous Overstory Shade Tree: A woody plant which, at maturity, is thirty (30) feet or more in height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and which loses leaves annually. — (e) Deciduous Understory Ornamental Tree: A woody plant which, at maturity, is less than thirty (30) feet in height, with a single trunk, unbranched for several feet above the _ ground, having a defined crown which loses leaves annually. (f) Fence: Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (g) Landscape: Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor furnishings. — (h) Performance Bond: A bond with good and sufficient sureties, approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as obligee. (i) Plant Material Average Size (Coniferous): The total height of all coniferous trees six(6) feet or over, divided by the total number of such trees. (j) Plant Material Average Size (Shade or Ornamental): The total diameter of all deciduous overstory trees two and one-half(2/) inches or more in diameter, divided by the total — number of trees. (k) Mechanical Equipment: Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside or adjacent to a building. (1) Retaining Wall: A wall or structure constructed of stone, concrete, wood or other materials, used to retain soil, as a slope transition or edge of a planting area. Source: Ordinance No. 15-85 Effective Date: 5-30-85 (m) Screening: A barrier which blocks all views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Source: Ordinance No. 58-87 ._ Effective Date: 1-7-88 11-10 �-- CL Wpe II. iI 0 0 0 0 0 0 In < t" a .r .r a .r a a S W I- = N T >. T L L L O 0 0 c F+ V Y H m..- y.•`• (• N M FS J g r Y• 7 - 7 r 7 ^ a z ). i i >. • _ ? Z L L L LL`Z t. ' - - \ N 40.. N a 0 •M V• M v Z Z Z Z • •N 0 0 0 0 0 Cn CY N 0 W -j O. a 1�- ~▪ • 00 0 0 0 00 $ y i J Y Y Y Y AC O \ Y \ 1SLI L . 4 L L L L L 0 L 0 • z 07 0 0 0 0 F+ 0 0 N a z a 0. 0. o, a r w CL•O w y6�gN pN�� a ." U n E < 0 0 0 0 0 0 N O 0 0 0 0 0 p� LL.. O O Nin C7 O � P •O N i U K W a N r J < a N y W Or N U. L u Al N N N N 0 0 V CIC • 4116 N •d .OtO • O 0 0 to 0 I.• d B E N CA N 00 y vy , N O A., N F, O o v O yr. Ion1 V1 v 7 N _ y z w g F. 0 0 0 0 0 0 in L iL lf1 Al M Al Al M M U- , 1 I • L F+ • 0 0 0 0 0 0 QF+ 0 0 0 OLA W M 0 W N H F, U d r LL x r • O O 0 t i CO CO d 3 0 L 0 O 0 to 0 C C L O - M Os CO A. 07 C O O F+ 1 = PES Vi c' Z a W 6y1 N Ci; 1 0 0 0 0 0 U 0 0 V1 N O 0 N [0 < 4 CO •st NI LPA O a N M in p' .- N cn c0 < o .- Al O O •Al ▪ O ✓ 2 LA C U -I H O O C d F+ '- U U COA. C N ••• , 10 O W CC C! p ►• NCA CA V. O•� 0 ... .} r OWC O J .t N O• •O N > U r d L v� IX oc CC ec =d 15 a a w m .•W t- t <iCA < < < w N 7 \ \ < \ \ W W 2 2 2 2 2 } > NI . . v 14.1 K_ 2 2 2 2 2 Z 2.- CA N O O r W W U =_ O O O O O Li., O O O J M r p� O W WW 2W � U H .y. ~p O 0 0 0 0 0 N C J M • W l.7 u = s co o VI an v, in WI lei xS M U_ M O OC Ncr- D C O J < •w �- ar Z N W O V1 �} 1n N V1 CA J .f N .M- P ,O N N gr— ac cc oc OC oc c a LL LU 0 K 1••••'2' J- . 0 0 0 0 0 S O F v v S v M cc V LU Q = y < Q2 O < d, N M M M < Q y 2 v O 0 0 0 Z X< CO w L A L >. < JY ?•O AO ).0 3-0 < L. 0.0 L L+ L Y L Y 8 0.' 0 y o y O N 0 N �+ u J 0 _r Y Y ✓ r r r ►- J 7 3 r3 • < . x . X . x 4X X cc < N to M.n M N in in < X O O O O O O O O 2 4 OC V) cn LU 0. I-W " 'C U < u Y Y ., K C 7 2 2 2 2 Z Z LU - .2..0 01T 01 12 01 i O-E CIT C 0, C u C Y C 0, C ▪ J ▪ 0.- --••.- •••• _••••• -•y w E E -, E -. E E 0 V L CJ L CJ L C L C) L S Q) 3 J 3 m 3 U 2 C) 0 d 0 d O 0. O d O a L O O LA N 0 0 41/ 4:1 N N In to 2 Y U < L N m u .; 0 0 0 0 0 LA LU o_ „ s 'o a V) [O y 0 CeQ r X OJ v O O O O O ty O N M M V1 z X L a... '0 0 0 CJ z M M In 2 0 LI y .0 0 -0 u \ 0 0 0 \ J -LL 2 N M M 2 2 X S z_ x u d W N N a • L. L L L • y U oC U U U w Cinin to y 2 N. O M N- -._\ O • C•o O Oa+ 0.-20s. �+ N `C ^CC C)N \ O O u C 4r 666 U u (-1 L CI-0 47 \N y L p O CA U 7 ] ' O [ Y C) 2 c w K K M ... c3 0. 0. z Ci .� a, 0 LU LLJ C U U 2 N N O CO L C) D l0 7 w I-U) W N 1 _1n- I , i I {L W • 1 o C>< i Z .-• • 0 0 0 o a S U r- M M M .4 1 CY w +- S N 03 r-• < ^ N N M r = CC M 1+1 1 E < m O 0 0 O 0 `X w v S CC • f f mon 4 w >-. ).••• >- L > IX ^ L t t >.O >-0 >+O >.O >.O . _ t CYLL L. L L V f- ..)-• L ✓ 8 " O N O . O N O N O 41 J O N .es N•✓ N•✓ to e. 4-• ✓ --* H �? j X 0. mmil • 1(C . 3C •S . S . _ . _ 1 M N N v N S M s N J • O O O O O O O o O O w K UJ• u 4.4 es t 7 7 0 O O0 0 • • r UJ v � � K Z�,- C c - C c - c .._, UJ J y y ✓ ✓ I--JJ ▪ 3 O •E •E J4)•E U E J E H 0 N 2 V 3 V 2 V 3 V 3 V O CL O CL O CL O a O CL L C 0 0 0 0 0 CU CCC 1.1.. N Y U QL N .-CO ✓ y 0 0 0 0 0 LU 0 V1 V 1 .T J co m N 0 CO C Y V ,., O 0 0 O 0 N 4. N N N N N 2 ✓ L ✓ v1 v, 1.11 41 in L Lf. M M M M M LL ✓ • O O O O O O.4, 0 0 0 M O 0010, V La- s- N M w- 0 LU N N O ✓ • 0 0 0 0O - -J V Or N M 0 0 O- CO S 3 i 2 CO IA O O S q0 N .. 0 V V O O V • L O U V O O .c IL U • < o CO q N O I , N N N N N CO 0' N M •CO _\ 0 O . • 2 N C Y • N w- V V1 N- s.- • u L. O C C O CO •• C V U v c U L V L p 4, CY N O ar n w u u.§ u1 f > 6 6r us 0) •••O U O U = owc V L. u U- 3 4- 0 O 2 U U U .0 O'U• q N w F- a _ _ to u M Ly O O O K I_ < 00O O < < < < < < L i8 ,� 2 O 0 0 2 Z 2 Z 2 Z i S v N O t • • 1 t 10 41° k LOQ,• 0 0 0 1 i �� < 0 0 0 < < < < < < L L 0 0 0 - - 1 g 2 0 o O z Z Z Z . . N M N L v d i •' in i i 1 N K < N O O < < < < < < . N N z \ \ \ v • • 2 2 2 2 2 2 2 u L i u N V \ N v1 ii O O O O O Q = • 2 �O .r .t CO 2 f C = d L K • C• H N N y N N N N N N . ' W W W W W W W W W W L U J VI t V f t .0 N N CII Cl/ f!1 N N N N N y 4 UJ W LU W W W LU W W W N �C9 Y >- >- >- Y > )- Y Y T 1 IIi.i w J O . yy I M i C J • r N O O O O O 0 O V1 V1 O 0 G J N N N N M O P L C !7 CON i 6! W Z O[ ~ P u • u m r ' J W o I Le1 da Ce/ ,Wc v ; 0 0 0 0 0 0 0 o 0 0 C N N N l!1 N N N M ,0 1 § Ls i Nd 4 U d 'y d so- so-. w ww W < W ^C. E. Oiit, ^ ^ 0 0 0 0 0 0 O O` ..../ st se" V" sT st M S O O i 2 2 ✓ d C• C C3 It r C C i M L i N O L L •O O q•••• L L Cl O y!! 1, C u z W 1L Y cc N� I N OC OC • U r C7 C7 d a 1.1.1 CUCO/,n ` r' U U U OC OC N V1 Ci . d d O O Z C7 U U U _ ._. _ mto H r 2. Landscape Plan Required. In every case where landscaping is required by provision of the City Code or by an approval granted by the City, for a building or structure to be constructed on any property, the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this Section. The landscape plan shall include the following information: (a) General: Name and address of developer/owner; Name and address of landscape architect/designer; Date of plan preparation; Date and description of all revisions; Name of project or development. (b) Site Map: One (1) scale drawing of the site based upon a survey of property lines with indication of scale and north point; Name and alignment of proposed and existing adjacent on-site streets; Location of all proposed utility easements and right of ways; Location of existing and proposed buildings; Topographic contours at two foot contour intervals; Existing and proposed location of parking areas; Water bodies; Proposed sidewalks; Percent of site not covered by impervious surface. (c) Landscape Proposal: Two(2)scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two foot contour intervals; Details of proposed planting beds and foundation plantings; Delineation of both sodded and seeded areas; Location and identification of proposed landscape or man made materials used to provide screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening; Location and identification of trees; Details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, including a separate drawing of typical sections of these details in legible scale; Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these areas in legible scale. (d) Planting Schedule: A table containing the common names and botanical names, average size of plant materials, root specifications, quantities, special planting instructions, and proposed planting dates of all plant materials included in the Landscape Proposal. 3. Performance Bond Required. No building permit shall be issued until the applicant for the building permit shall file with the City Manager a performance bond,with a corporation approved by the City Manager as surety thereon, or other guarantee acceptable to the City, in an amount to be determined by the City Manager, but for no less than one and one-half(11/2) times and no more than two(2) times the amount estimated by the City Manager as the cost of completing said landscaping and screening. The performance bond must cover two complete growing seasons or one full calendar year subsequent to the completion and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. 4. All landscaping shall be implemented in accordance with the following: (a) Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of two and one-half(21/2) caliper inches; deciduous understory trees shall be a minimum of one and one-half(11/2)caliper inches; coniferous trees shall be a minimum of six (6) feet in height. 11-11 (b) Total Caliper Inches Required: In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum number of caliper inches of trees required shall be determined by dividing the total gross square footage of all floors of a r, - building by 320. A single story building in excess of 20 feet in height dull be considered a two story building for the purposes of determining its total gross square footage. A mixture of plant material sizes sha I be required as follows: — 1 . PLANT MATERIAL SIZES (IN CALIPER INCHES) $wilding Height (Stories) 2.5 3.0 3.5 4.0 4.5 5.0 r-1 - 1 70% 10% 10% 10% — — j s 2 60% 10% 10% 10% 10% — 3 50% 10% 10% 10% 10% 10% . , _ 4 40% 20% 10% 10% 10% 10% 5 30% 20% 20% 10% 10% 10% 5+ 30% 20% 20% ' 20% 10% 10% _ Percentage of trees required to be of this caliper size. For the purposes of satisfying the total caliper inch requirement, coniferous trees can be considered equivalent to overstory trees by dividing the height of a coniferous tree 6 ft. height minimum by 2.4 to determine equivalent caliper inches. NOTE: When determination of height results in a fractional foot, any fraction of 0.5 or less may be disregarded; a fraction in excess of 0.5 shall be counted as one foot. (c) Planting Islands: Planting islands shall be required where necessary to visually break up expanses of hard surface parking areas, for safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least five (5) percent of the parking area. (d) Method of Installation: All deciduous and coniferous trees shall be balled and burlapped, - staked, and guyed in accordance with national Nurseryman's standards. All shrubs shall be potted. (e) Sodding and Ground Cover: All open areas of a site not occupied by building, parking, or storage shall be sodded. Exceptions to this are seeding of future expansion areas as shown on approved plans;undisturbed areas containing existing natural vegetation which can be maintained free of foreign and noxious materials; and, areas designated as open space for future expansion area properly planted and maintained with prairie grass. (f) Slopes and Berms: Final slopes greater than the ratio of 3:1 will not be permitted — without special approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1. _ (g) Maintenance: The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. (h) Erosion Control: All areas of any site shall be seeded or sodded within thirty(30) days on slopes of 3:1 or greater or in areas where storm runoff will drain into natural drainage basin or ponding areas. 11-12 (i) Preservation of Wetland and Woodland Areas: It is the policy of the City to preserve the natural wetland and woodland areas throughout the City, and with respect to specific site development, to retain as far as practical, substantial tree stands and wetlands which can be incorporated into the Landscape Plan. No clear cutting of woodland areas shall be permitted. Shade trees of six (6) inch or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch for caliper inch basis. (j) Placement of Plant Materials: No landscaping shall be allowed within any drainage utility easements, road right of way, or immediately adjacent to any driveway or road intersection when it would interfere with motorists' views of the street or roadway. Source: Ordinance No. 15-85 Effective Date: 5-30-85 (k) Mechanical Equipment Screening: (1) All mechanical equipment mounted on the exterior of a building and possessing one or more of the characteristics listed below in k.3. shall be physically screened from all public roads and adjacent differing land uses with factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. (2) All mechanical equipment located on the ground and possessing one or more of the characteristics listed blow in k.3.shall be physically screened from all public roads and adjacent differing land uses with either plant material or factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. (3) Irregular in size and shape; Exposed and/or protruding fans, grills, pipes,tubes, wires, vents; Unfinished metal covering, exposed rivets, exposed seams. Source: Ordinance No. 58-87 Effective Date: 1-7-88 (Prey. Ordinance No. 15-85 _ Effective Date: 5-30-85) (Prey. Ordinance No. 9-87 Effective Date: 5-7-87) 11-13 ,--J - (1) General Screening: All parking, loading, service, utility,and outdoor storage areas shall I be screened from all public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, walls, fences, shrubs, R . — compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge , materials must be at least three (3) feet in height, and trees must be at least twelve (12) feet in height at planting. The height and depth of the screening shall be consistent with _ the height and size of the area for which screening is required. When natural materials, t • such as trees or hedges, are used to meet the screening requirements of this subsection, L density and species of planting shall be such to achieve seventy five percent (75)opacity year round. Source: Ordinance No. 15-85 Effective Date: 5-29-85 , — (m) General Landscape for Residential Districts: In R1-44,R1-22,R1-13.5,R1-9.5 and RM- 6.5 districts all exposed ground area surrounding the principal building and accessory buildings which are not devoted to driveways, sidewalks, or patios, shall be landscaped with grass, shrubs, trees or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise. , . — Source: Ordinance No. 9-87 Effective Date: 5-7-87 — H. Off-Street Parking Facilities. 1. The purposes of this Subparagraph are to: (a) prevent a shortage of curb spaces where allowed; and (b) provide a sufficient amount of off-street parking so as to utilize the streets for their primary use - the safe and convenient movement of traffic. 2. Parking Spaces Defined. For purposes of this Chapter, a parking space shall be defined according to the following table of dimensions except that a parking space in a garage or carport shall not be less than 10 feet wide and 20 feet long. 3. Basic Requirements. (a) Off-street parking facilities shall be provided at the time of initial occupancy or enlargement of a structure as required by Item 4 of this Subparagraph. . (b) The City Manager shall determine the requirements for any use not specifically required by Item 4 of this Subparagraph. (c) Fractional numbers of spaces as per Item 4 of this Subparagraph shall be adjusted to the — next higher number. Source: City Code Effective Date: 9-17-82 . 11-14 (d) Dimensions of parking spaces. rarking space and aisle width dimensions in relation PARKING ANGLE = degree of parking angle 0 20 30 40 45 50 60 70 80 90 Deg. Deg. Deg. Deg. Deg. - Deg. Deg. Deg. Deg. Deg. Parking space 9' 9' 9' 9' 9' 9' 9' 9' 9' 9' width, perpendicular to angle Parking space 9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 19' dimension perpendicular to aisle Parking space 23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9' — dimension parallel to aisle Aisle width 12' 11' 11' 12' 13'6' 16' 18'6" 19'6" 24' 25' Source: Ordinance No. 1-90 Effective Date: 2-1-90 11-15 rl 4. Parking Requirement/Use* J Source: City Code Effective Date: 9-17-82 DISTRICT LAND USES 1OFF-STREET PARKING SPACE REQUIREMENTS ►� la. Rural Same as b. below ti b. R1-44, R1-22, R1-13.5, 2/D.U. 1 enclosed minimus R1-9.5 4/D.U. - Maximum ._ Driveway Parking Acceptable f Source: Ordinance No. 72-841 Effective Date: 4-5-84 c. R11-6.5 and RM-2.5 12/D.U. 2/1 enclosed r, d. *OFC G.F.A. RATIO 1-60,000 s.f. 5.0/1000 s.f. Source: Ordinance No. 9-87 Effective Date: 5/7/87 60,001-70,000 s.f. 4.9/1000 s.f. 70,001-80,000 s.f. 4.8/1000 s.f. 80,001-90,000 s.f. 4.7/1000 s.f. 90,001-100,000 s.f. 4.6/1000 s.f. 100,001-150,000 s.f. 4.2/1000 s.f. 150,001 PLUS s.f. 4.0/1000 s.f. e. COMM Service Stations 10+ spaces where cars are serviced Motels, Hotels 1/guest room + 1/employee Restaurants and Lounges 1/three seats **Banks 6.0/1000 sq. ft. G.F.A. Source: Ordinance No. 9-87 Effective Date: 5/7/87 ***Retail Stores and Shops G.F.A. RATIO Source: Ordinance No. 9-87 Effective Date: 5/7/87 0-10,000 s.f. 8.0/1000 s.f. 10,001-100,00 s.f. 6.0/1000 s.f. 100,001 PLUS s.f. 5.5/1000 s.f. Arenas, Theaters, Assembly 1/3 seats Halls r— Warehouses 1/2-1000 G.F.A. Source: Ordinance No. 9-87 Effective Date: 5-7-87 f. IMO** Marxlfacturing 3/1000 sq. ft. G.F.A. Warehouses 1/2-1000 sq. ft. G.F.A. Office 5/1000 sq. ft. G.F.A. Gyvnasium 5/1000 sq. ft. G.F.A. g. PUB Churches 1/3 seats in largest assembly room Source: Ordinance No. 16-82 Effective Date: 1-14-83 11-16 "The requirements for any use not specifically mentioned shall be designated by the City Manager. Source: City Code Effective Date: 9-17-82 For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use, the number of parking spaces for such uses shall be not less than the minimum required for such uses in any other District. Source: Ordinance No. 16-82 Effective Date: 1-14-83 5. Development and Maintenance of Parking Areas. (a) Screening and Landscaping. Off-street parking areas containing more than 5 stalls shall be screened on each side adjoining a residential use or public street. (b) Minimum Distance or Setbacks. Parking areas for 5 vehicles or more shall be at least 10 feet from any side or rear lot line and 5 feet from any building. (c) Surfacing and Drainage. Every off-street parking area shall be (1) surfaced with an asphaltic or Portland cement binder, (2)graded so as to dispose of all area surface water, and (3) marked so as to provide for orderly and safe use of the area. Source: City Code Effective Date: 9-17-82 (d) Location. Off-street parking facilities shall be on the same parcel of land as the structure they are intended to serve. Space for the required facilities shall not occupy the required front yard or on a corner lot more than '/ of the required side yard closest to the street. Source: Ordinance No. 72-84 Effective Date: 4-5-84 6. Special Requirements. (a) Each parking space shall have an unobstructed access from a street or aisle without moving another vehicle. Exception is in an R1-44, R1-22, R1-13.5 and R1-9.5 District where parking in driveways is permitted. (b) Bumper rails and curbs shall be provided as determined by the City Manager. (c) No servicing of vehicles shall take place in my off-street parking area. Source: City Code Effective Date: 9-17-82 7. Connecting Parking Areas with Streets. (a) Vehicular traffic generated by any use shall be channeled and controlled so as to avoid congestion and traffic hazards. • 11-17 (b) The adequacy of any proposed traffic pattern shall be determined by the City Manager. I ' Traffic control measures such as warning signs, directional signs, turn lanes, channelization, illumination, etc., may be required. (c) All driveways abutting public streets shall be subject to the following regulations: r",— Minimum distance between driveways -20 feet. l Minimum driveway angle to street - 30 degrees for one way streets and 60 degrees for two way streets. r Driveway widths at street curb are: I DRIVEWAY r— WIDTH MAXIMUM MINIMUM One Way 20 feet 12 feet Two Way 30 feet 24 feet Minimum Driveway Return Radius - 6 feet Minimum distances between the end of a driveway at the intersection of a right of way line and the property line shall be 10 feet. Source: Ordinance No. 9-87 Effective Date: 5-7-87 Off-Street Loading Facilities. 1. Purpose. The purpose of this Subparagraph is to provide a sufficient number of off-street loading facilities so as to allow the safe and convenient movement of traffic along the streets. 2. Basic Requirements. (a) Off-street loading berths shall be provided at the time of initial occupancy or enlargement of a structure. The exact number of berths shall depend on the type of transport service utilized and the nature of the use itself. (b) A loading facility includes the dock, the berth for the vehicle, maneuvering areas and the necessary screening walls. (c) No loading facility shall be located on a street frontage nor within the required side or rear yard requirements. 3. Special Requirements. (a) All docks shall be located within the perimeter of the structure housing the principal or accessory use and shall be completely enclosed. (b) All berths shall be screened from views on the property's street frontages or from the sue district's boundary by solid wall earth berms or plant materials of at least a height of 10 feet. Such walls must be designed so as to be harmonious with the structure having the loading facility. 11-18 (c) Each loading berth shall have an unobstructed access from a trafficway without moving another vehicle. (d) The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. (e) Bumper rails and curbs shall be provided at locations described by the City Manager when needed for safety or to protect property. Source: City Code Effective Date: 9-17-82 J. Outside Storage and Displays. 1. In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored or parked within the permitted parking lot areas. In I-Gen Districts, outside storage is permitted provided it is screened in accordance with this Section. Source: Ordinance No. 3-91 Effective Date: 4-4-91 2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease displayed in accordance with the following limitations: (a) Temporary outdoor display area. Merchandise or equipment may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary outdoor display area") for a combined time period of sixty (60)days or less of a calendar year provided the temporary outdoor display area: (1) Is screened from public roads and adjacent land uses. (2) Does not encompass an area greater than two percent (2%) of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated. (3) Does not obstruct pedestrian use of a private sidewalk at least 5' wide. (4) Is not located within the required front, rear or side yard setback of the lot on which it is located. (5) Is not located in the required parking except: a. Not more than one-half of one percent (.005) of the required parking stalls may be utilized for the temporary outdoor display area. b. No drive isle is utilized for the temporary outdoor display area. (6) Is not located on public sidewalks or streets. 11-19 (7) Is not located on a vacant lot. I (b) Permanent outdoor display area. Merchandise or equipment may be displayed and offered n for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part ("permanent outdoor display area") for a combined time period of sixty (60) days or greater of a calendar year provided: (1) The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. • , (2) Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. (3) The permanent outdoor display area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building. (c) A temporary outdoor display area and permanent outdoor display area may not encompass an area greater than seven percent (7%) of the base area of the completely enclosed building. Source: Ordinance No. 51-94 Effective Date: 1-26-95 (Prey. Ordinance No. 3-91 Effective Date: 4-4-91) 3. The parking or storing of recreational vehicles outside of an enclosed building or structure in all One-Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. (a) No more than 2 recreational vehicles may be stored or parked outside upon a lot. (b) Recreational vehicles not greater than 12 feet in height may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than 15 feet from the travelled portion of a street, (ii) that part of a side yard or rear yard of a lot not situated within 10 feet of a lot line, or (iii) that part of a side yard within 10 feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within 15 feet of the travelled portion of a street. In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the - - adjacent lot line is permitted. (c) Recreational vehicles parked or stored outside for a period in excess of 14 days must be _ owned by a person residing on the lot. (d) All recreation vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a — license or registration plate or tag is required by law for its operation. (e) No recreational vehicle shall be used for living,sleeping, or housekeeping purposes when - parked or stored in a One-Family Residential District or a Multi-Family Residential District. 11-20 (t) A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk. Source: Ordinance No. 22-88 Effective Date: 4-27-89 4. No storage or display of any type is permitted in any Commercial or Industrial District within the one-half of the front or side street setback nearest the street nor within any side or rear setback. Source: Ordinance No. 3-91 Effective Date: 4-5-91 K. Architectural Standards. All structures within all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5 and RM-6.5 shall be developed in accordance with the following design standards: 1. Architectural plans shall be prepared by a registered architect and include: 1) elevations of all sides of the building; 2) type and color of exterior building materials; 3) a typical floor plan and dimensions of all structures; 4) location of trash containers, heating, air conditioning and ventilation systems; 5) proposed screening of trash containers, heating, air conditioning and ventilation systems. Source: City Code Effective Date: 9-17-82 2. In Districts N-Corn, C-Corn, C-Reg, C-Reg-Ser, C-Hwy, Ofc, Pub, and RM-2.5, seventy-five — percent, (75%), of the exterior building finish shall consist of materials comparable in grade and quality to the following: 1) face brick; 2) natural stone; 3) glass. 3. In Districts I-2, I-5, and I-Gen, seventy-five percent, (75%), of the exterior building finish shall consist of material comparable in grade and quality to the following: 1) face brick; 2) natural stone; 3) glass; 4) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice; 5) rock face. Source: Ordinance No. 1-90 Effective Date: 2-1-90 4. In all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, wood stucco, vinyl, metal, plastic or a combination of all these materials, shall not comprise more than twenty-five percent, (25%), of a building's exterior finish. Source: Ordinance No. 9-87 Effective Date: 5-7-87 (Prey. Ordinance No. 72-84 Effective Date: 4-5-84) Subd. 4. Performance Standards. Uses which because of the nature of their operation are accompanied by an _ excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These standards shall be considered "excessive when they exceed or deviate from the limitations set forth in the following performance specifications: 11-21 is j 1 A. Vibration. No activity or operation shall at any time cause earth vibrations perceptible beyond the limits , 1 of the immediate site on which the operation is located. • B. Dust and Dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees rl — Fahrenheit and 50% excess air. C. Smoke. Measurement shall be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted for periods not longer than four minutes in any 30-minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with - — an equivalent apparent opacity. D. Odor. No activity or operation shall cause at any time the discharge of toxic, noxious, or odorous matter beyond the limited of the immediate site where it is located in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business. E. Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the immediate site from which it originates. F. Wastes. All solid waste material, debris, refuse, or garbage shall be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter shall be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge into the City sanitary sewerage system shall not exceed 200 gallons per site acre per hour between the hours of 9:00 o'clock a.m. and noon. Use for the dumping or storage above ground or under the surface of chemical waste and other hazardous waste products will not be permitted because of the potential hazards that may be created to public health, safety, and welfare in all Districts. Source: Ordinance No. 35-94 Effective Date: 9-30-94 - Subd. 5. Performance Standards - Tests. A. By Owner. In order to assure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties ; concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Council after 30 days notice. The costs incurred in having such investigations and tests conducted shall be shared equally by the owner or operator and the City, unless the investigation and tests disclose noncompliance with the performance standards, in which event the entire investigation or testing cost shall be paid by the owner or operator. B. By City. The procedure above stated shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. Source: City Code Effective Date: 9-17-82 11-22 Subd. 6. Site Plan and Architectural Design Review. A. Approval Required. No building permit shall be issued for the construction of any (i)building or structure situated or to be constructed within any District, except, (a)those within the Rural District or One-Family Residential Districts,and(b)duplexes(dwellings designed for or occupied by two families),or(ii)building or structure constituting a public facility and service, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. No building permit shall be issued for the construction of an alteration or enlargement of a(i)building or structure situated within any District, except, (a)those within the Rural District or One-Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public facility and service, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. The approval of a Site Plan and Architectural Design shall be effective for a period of two years from the date first approved by the Council, provided however, the Council may within the two year period(or any extension thereof as hereinafter provided) extend the two year period for an additional period or periods of two years each. Source: Ordinance No. 25-89 — Effective Date: 8-17-89 (Prey. Ordinance No. 1-89 Effective Date: 3-9-89 B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two years prior to issuance of the building permit by the City Council in connection with 'he rezoning or platting of the land. The Director of Planning may determine that an alteration or enlargement of a building or structure is minor and does not require conformance with an approved Site Plan and Architectural Design or an amendment thereof, provided however, if the Director shall not make such a determination an owner of the land on which the building or structure intended to be altered or enlarged is situated may request the Council to make such determination. C. The terms "Site Plan and Architectural Design" as used in this subdivision mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect, landscape architect or engineer which shall include the following: (1)a detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology, (2) proposed — construction of all site alterations including grading, drainage, utilities, and storm sewer, (3) building locations, (4) landscaping and screening, (5) lighting, (6) plans for all pylon, monument, and building signs, (7) an architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is situated, and its external appearance such as materials, texture and color, and (8)such other information as may reasonably be required by the City. 11-23 D. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the Director of Planning on the form provided by the Director of Planning and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the Director of Planning. E. A Site Plan and Architectural Design may be evaluated by the Council according to its compliance with the following standards and provisions: •• - 1. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan; 2. Adherence to, and consistency with, the City's Code relating to zoning and the subdivision of land. 3. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and _ _ the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties. • 4. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public. 5. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming,plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings. 6. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic. 7. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas. 8. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity. . . 9. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment. Source: Ordinance No. 1-89 Effective Date: 3-9-89 10. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.05 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program. Source: Ordinance No. 38-90 Effective Date: 12-7-90 11-24 F. The Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date it has been referred to the Planning Commission for its study and report. No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. Approval of the Council shall require a two-thirds vote of all the members of the Council. Source: Ordinance No. 1-89 Effective Date: 3-9-89 SECTION 11.04. LIMITATION ON USES. Uses in each District established in this Chapter shall be limited to those permitted uses authorized, and then only - under the stanc.ards and conditions which are also stated herein. Source: Ordinance No. 72-84 Effective Date: 4-5-84 SECTION 11.05. HERITAGE PRESERVATION SITES. Subd. 1. Declaration of Public Policy and Purpose. The Council of the City of Eden Prairie (hereinafter the "Council") declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects have historic, aesthetic or community interest or value, benefits the health, prosperity, education and welfare of the community. The purposes of this chapter are to: (1) Safeguard — the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural, social,economic, political, visual or architectural history; (2)Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and(3)Foster civic pride in the - beauty and notable accomplishments of the past. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: Source: Ordinance No. 38-90 Effective Date: 12-7-90 -- A. "Commission" -The Heritage Preservation Commission established by City Code Section 2.19. Source: Ordinance No. 20-94 Effective Date: 7-1-94 (Prey. Ordinance No. 38-90 Effective Date: 12-7-90) 11-25 f B. "Heritage Preservation Site" - Any area, place, building, landmark, structure, lands, districts, or other 1 objects which have been duly designated Heritage Preservation Sites pursuant to Subd.3.G.of this Section 11.05. Fl Subd. 3. Designation of Heritage Preservation Sites. A. Reports. The Council may direct the City staff to prepare studies which catalog buildings, land, areas, districts or other objects to be considered for designation as a Heritage Preservation Site. B. Criteria. The Commission shall recommend to the Council that an area, building, district, or object be fl designated a Heritage Preservation Site upon determining that such site possesses integrity and meets one or more of the following criteria. 1. It has character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Minnesota or the United States; 2. Its location as the site of a significant historic event. j 33 . l ii 3. It has yielded, or is likely to yield, information important in pre-history or history; 4. It is associated with a person or persons who significantly contributed to the culture and { ~ development of the City; 5. It embodies distinctive characteristics of an architectural style, period, form or treatment; 6. It represents the work of an architect or master builder whose individual work has influenced the development of the City; 7. It embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; or 8. Its unique location or singular physical characteristics represents an established and familiar visual - feature of a neighborhood, community or the City. C. Planning Commission Review. The Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, and secure the Planning Commission's recommendation with respect to the relationship of the proposed heritage preservation designation to the Comprehensive Plan of the City, and the City Planning Commission's opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission. The Planning Commission shall also give its recommendation of approval, rejection or modification of the proposed designation to the Council. D. Communications with State Historical Society. A copy of the Commission's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site shall be sent to the State Historical Society in accordance with Minnesota Statutes. E. Hearings. Prior to the Commission recommending to the Council any building, district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Commission shall cause to be published in a newspaper of general 11-26 circulation notice of the hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350)feet of the boundary of the area to be designated a Heritage Preservation Site. F. Findings and Recommendations. The Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph B of this subdivision. If the Commission determines the site meets the criteria in Paragraph B, it shall forward its findings to the Council with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site. G. Council Designation. The Council shall consider the Commission's recommendation that a site be designated for Heritage Preservation, together with the Planning Commission's recommendations, and may, upon the request of the Commission, by ordinance designate a Heritage Preservation Site. Subd. 4. Additional Powers and Duties of the Commission. A. The Commission may recommend to the Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation site by acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of the Minnesota Statutes. B. The Commission shall have the powers and duties specified in Chapter 2, Section 2.18 in additidn to those otherwise specified in this chapter. Subd. 5. Review of Permits. A. Heritage Preservation Site Alteration Permit. A Heritage Preservation Site Alteration permit is required to do any of the following in, on, or to a Heritage Preservation Site in the City: 1. Remodel, alter, repair in any kind or manner, including a change of color, that will alter the exterior appearance of a historic building, site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures to be demolished in accordance with Minnesota Statutes, Chapter 463. 6. Alter or remove a land form in whole or in part. The application for a Site Alteration Permit shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The Council shall make the determination whether to approve or disapprove the permit. B. Commission Recommendation. The Commission shall review each application and make its recommendation to the Council relative to the request for a Heritage Preservation Site Alteration Permit. The Commission shall also review and make recommendations to the Council concerning City activity that could change the nature or appearance of a Heritage Preservation Site. 11-27 i C. Criteria for Heritage Preservation Site Alteration Permit. All recommendations by the Commission and I 1 I decisions by the Council to approve, disapprove, and/or impose conditions on a Heritage Preservation Site Alteration permit shall be in accordance with the program approved by the Council and the State Historical t _ Society for each Heritage Preservation Site. The following General Standards for Historic Preservation 't i Projects issued by the Secretary of the Interior shall be used to evaluate applications of Site Alteration : Permits: MIR r. 1. Every reasonable effort shall be made to provide a compatible use for a property which requires t.! minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. I 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building,structure or site and its environment. These changes may have acquired significance in their own right, and this significant shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. _ Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, - - or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or . reconstruction project. The Commission and the Council shall also consider, when appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects. D. Findings. The Council shall make findings as to whether a site alteration permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraph C. of this subdivision. E. Hearings. Prior to the Council making its decision regarding an application for a Site Alteration Permit for a Heritage Preservation Site, the Council shall hold a public hearing on the application. Prior to such hearing the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10)days prior to the date of the hearing, and notice of the hearing shall be sent to all owners 11-28 of the property for which a Heritage Preservation Site Alteration Permit application has been submitted and to all property owners within three hundred fifty (350) feet of such property. F. Limitations. If within sixty (60) days from the filing of a Site Alteration Permit application the Commission has not made a recommendation of approval or disapproval to the Council, the application shall be forwarded to the Council for approval or disapproval of the permit without the Commission's recommendation. Subd. 6. Emergency Repair. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Building Department, the department authorized to enforce the building code pursuant to Chapter 10, Section 10.01, Subd. 2, may approve the repair without prior Commission or Council action. Subd. 7. Repository for Documents. The office of the City Clerk is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this Section 11.05. Subd. 8. Recording of Heritage Preservation Sites. The office of the City Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation, and shall transmit a copy of the recording document to the Building Department. Source: Ordinance No. 38-90 Effective Date: 12-7-90 (Sections 11.06 through 11.09, inclusive, reserved for future expansion.) SECTION 11.10. R - RURAL DISTRICT. Subd. 1. Purposes. The purposes of the R-Rural District are to: (1) Prevent premature urban development of certain lands which eventually will be appropriate for urban uses, until the installation of drainage works streets, utilities, and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible; (2) Permit the conduct of certain agricultural pursuits on land in the City; (3) Ensure adequate light,air, and privacy for each dwelling unit,and to provide adequate separation between dwellings and facilities for housing animals. Subd. 2. Permitted Uses. A. Agriculture, accessory and related uses. B. Public facilities and services. Source: City Code Effective Date: 9-17-82 C. Single family detached dwellings and accessory structures on parcels of not less than 10 acres. D. Single family detached dwellings and accessory structures on parcels of five or more acres, as of July 6, 1982. Source: Ordinance No. 1-90 Effective Date: 2-1-90 11-29 E. Commercial stables. ( I Source: Ordinance No. 34-83 n Effective Date: 8-26-83 ks t F. Golf Courses. n Source: Ordinance No. 9-87 i_.i Effective Date: 5-7-87 SECTION 11.11. R-1 ONE FAMILY RESIDENTIAL DISTRICTS. *-i — Subd. 1. Purposes. The purposes of the R-1 One Family Residential Districts are to (1) R1-44, reserve appropriately located areas for single family living on large lots where vegetation, slopes, water bodies or other significant natural features are best preserved through large lot development; (2)R1-22, R1-13.5, R1-9.5, reserve appropriately located areas for single family living at reasonable population densities consistent with sound standards of public health; (3) Ensure adequate light, air, privacy and open space for each dwelling; (4) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and, (5) Protect residential properties from noise, illumination, unsightliness, - odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. Subd. 2. Permitted Uses. A. R1-44. Single family, detached dwellings, and accessory structures with sanitary sewer and water service, except sanitary sewer and water service shall not be required with respect to those lands which were situated within an R1-22 District on July 1, 1982. B, R1-22. Single family,detached dwellings, and accessory structures with sanitary sewer and water service, except sanitary sewer and water service shall not be required with respect to those lands which were situated within the R1-22 District on July 1, 1982. C. R1-13.5. Single family,detached dwellings and accessory structures with sanitary sewer and water service. - D. R1-9.5. Single family, detached dwellings and accessory structures with sanitary sewer and water service. E. Public facilities and services. (Sections 11.12 through 11.14, inclusive, reserved for future expansion.) SECTION 11.15. RM MULTI-FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purposes. The purposes of the RM Multi-Family Residential District are to: (1) Reserve approximately - located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; (2) Preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities;(3)Ensure adequate light, air, privacy, and open space for each dwelling unit; (4) Provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; (6) Provide necessary space for off-street loading of trucks; and, (7) Protect 11-30 residential properties from noise, illuminaticn. unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. Subd. 2. Permitted Uses. A. RM-6.5. Attached dwelling units and accessory structures by platting or Planned Development. B. RM-2.5. Attached dwelling units and accessory structures by platting or Planned Development. C. Public facilities and services. Subd. 3. Required Conditions. Public sanitary sewer services must be provided to all occupied multiple units. (Sections 11.16 through 11.19, inclusive, reserved for future expansion.) SECTION 11.20. OFC - OFFICE DISTRICT. Subd. 1. Purposes. The purpose of the OFC Office District are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4)Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over- loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses. A. Business and professional offices and accessory uses. Source: City Code Effective Date: 9-17-82 B. Supporting commercial sales and services to office users within large office structures of 100,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. Sou:ce: Ordinance No. 9-87 Effective Date: 5-7-87 C. Public Facilities and Services. Subd. 3. Required Conditions. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. C. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. 11-31 (Section 11.21 through 11.24, inclusive, reserved for future expansion.) SECTION 11.25. C- COMMERCIAL DISTRICTS. T Subd. 1. Purposes. The purposes of the C-Commercial District are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, and amusement establishments; (2)Provide opportunities for retail _, stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic r ` congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. n A. Special Purposes of N-Corn Community Commercial District. 1. To provide appropriately located areas for retail stores, offices, and personal service 7 establishments patronized by residents of the immediate neighborhood area. Source: City Code ' Effective Date: 9-17-82 2. To permit development of neighborhood shops and related office uses, which can be accommodated in less than 50,000 square feet of retail area, and are in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses. — Source: Ordinance No. 9-87 Effective Date: 5-6-87 B. Special Purposes of C-Com Community Commercial District. 1. To provide appropriately located areas for retail stores, offices, and personal service establishments patronized primarily by residents of the immediate community area. Source: City Code Effective Date: 9-17-82 2. To permit development of community shopping centers and related office uses, which can be accommodated in less than 200,000 square feet of retail area, and are in the appropriate locations shown on the Guide Plan according to standards that minimize adverse impact on adjoining residential use. Source: Ordinance No. 9-87 Effective Date: 5-7-87 C. Special Purposes of C-Reg Regional Commercial District. 1. To provide a large site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Metropolitan Guide Plan. 11-32 i . 2. To ensure that a major center will be developed in accord with high standards of site planning, architecture, and landscape design. 3. To minimize the adverse effect of major commercial facilities on nearby dwellings. Subd. 2. Permitted Uses. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, except: 1. C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract little or no pedestrian traffic and are not typically found in shopping center structures. 2. C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers. B. Related or supporting office and distribution uses. C. Public facilities and services. D. Residential uses if provided for within a PUD, within commercial buildings in the N-Corn and C-Com Districts. Subd. 3. Required Conditions. — A. Acceptable, approved Sanitary sewer service must be provided to all occupied structures and uses. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. (Sections 11.26 through 11.29, inclusive, reserved for future expansion.) — SECTION 11.30. I - INDUSTRIAL DISTRICTS. Subd. 1. Purposes. The purposes of the I-Industrial District are to: (1) Reserve appropriately located area for industrial and related activities; (2)Protect areas appropriate for industrial use from intrusion by inharmonious uses; (3) Protect residential and commercial properties and protect nuisance-free, non-hazardous, industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire,explosion,noxious fumes,radiation, and other hazards incidental to certain — industrial uses; (4) Provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other; (5)Provide adequate space to meet the needs of modern industrial development including off-street parking and truck loading areas and landscaping; (6) Provide sufficient open space around industrial — structures to protect them from the hazards of fire and minimize the impact of industrial plants on nearby uses; (7) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (8) Permit and reserve areas for employment activity and service to the public which do not materially detract from nearby industrial uses. A. Special Purposes of Industrial Park Districts. 11-33 • • I . w. 1. To establish and maintain high standards of site planning, architecture, and landscape design that I will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the Metropolitan area. r7 — f . 2. Provide and ensure the continuity of locations for industries that can operate on small sites with j minimum mutual adverse impact. p B. Special Purpose of the IGEN General Industrial District. To provide locations where industries that desire larger sites and outside storage can operate with minimum restriction and without adverse effect on other uses. Subd. 2. Permitted Uses. A. Manufacturing, warehousing, wholesale, distribution, processing, packaging, assembling, compounding, and accessory uses, conducted within a building. B. Office Uses. C. Public facilities and services. Source: City Code Effective Date: 9-17-82 D. Supporting minor commercial uses as contained within office/industrial buildings,providing a supplemental function to the major office and/or industrial use. The commercial use is not to exceed 15% of the gross Floor Area Ratio of the building it occupies. Source: Ordinance No. 9-87 Effective Date: 5-7-87 E, Gymnasium. Source: Ordinance No. 16-82 Effective Date: 1-14-83 F, Funeral Homes. — Source: Ordinance No. 17-94 Effective Date: 5-27-94 Subd. 3. Required Conditions. A. Acceptable, approved sanitary sewer service must be provided to all occupied structure. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. - C. Office uses as permitted in the Office District shall be permitted in the Industrial District. Office use in the Industrial District shall in no event exceed fifty percent (50%) of the total floor area of the structure. Such office use shall comply with all of the requirements of this Chapter. _ Source: City Code Effective Date: 9-17-82 (Sections 11.31 through 11.34, inclusive, reserved for future expansion.) 11-34 • t SECTION 11.35. PUB - PUBLIC. Subd. 1. Purposes. The purposes of the PUB - Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned by — governmental agencies and for the identification of drainage ways and flood plains. Subd. 2. Permitted Uses. A. Public facilities and services. B. Drainage ways and flood plains approved by the Council. Source: City Code Effective Date: 9-17-82 C. Churches. Source: Ordinance No. 137-84 Effective Date: 1-17-85 • D. Cemeteries. E. Private schools and related boarding facilities which have public unitary sewer and water service and which are located within the following area: Source: Ordinance No. 12-87 Effective Date: 3-17-88 (Sections 11.36 through 11.39, inclusive, reserved for future expansion.) • SECTION 11.40. PLANNED UNIT DEVELOPMENT (PUD) CONCEPT. Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review ("PUD Concept Review") with respect to land which may be subject to a PUD. The purpose of a PUD Concept — Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the Planning Commission and the Council of such person's PUD proposal. PUD Concept Review may be held with a public hearing. An application of PUD Concept Review may provide such information with respect to the request as the applicant shall deem appropriate in consultation with the Director of Planning. An applicant for PUD Concept Review shall pay all fees and costs provided for in this Chapter. Upon conclusion of a PUD Concept Review the Planning Commission and Council may make such recommendations and comments and take such action — with respect to the proposal as they deem appropriate, provided, however, no approval under this Section shall constitute, or in the future require, approval or formal establishment or designation of a PUD, zoning or subdivision • by the Council of the land which is the subject of the PUD Concept Review. Subd. 2. Definition. As used in this Section, the term "original district" means a zoning district described in this Chapter. - Subd.3. Zoning District Supplement. Planned Unit Development District("PUD")is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Chapter. 11-35 Subd. 4. Purpose. The purpose of this Section is to: (1) Encourage a more creative and efficient approach to the 1 use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and } ; feasible; and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this Chapter and Chapter 12(relating to subdivisions)of this Code _ while at the same time preserving the health, safety, order,convenience, prosperity, and general welfare of the City and its inhabitants. Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being ` supplemented. Source: City Code Effective Date: 9-17-82 - Subd. 6. Minimum Area. A PUD Concept must include an area of at least 15 acres. Source: Ordinance No. 24-91 Effective Date: 12-5-91 Subd. 7. Permitted Uses. The permitted uses set forth in this Chapter pertaining to the original district or districts . within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed, except as such use or uses may be limited by a development plan, an agreement or imposed by the City as a condition to approval of the PUD. z Subd. 8. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an original district as set forth in this Chapter and to the subdivision of land as set forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection with a PUD)shall apply to an original district situated within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been modified or waived as provided in Subparagraph A and B hereof. A. Any standard or provision, except permitted uses, set forth in this Chapter relating to an original district may be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by reference to a development plan or an agreement such modification or waiver. — B. Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided in Chapter 12. Subd. 9. Application. An applicant for a PUD shall submit in the application all of the material required by this Chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by f-- Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following information: A. Project Identification. The following and such other information as is necessary to clearly and completely describe the project shall be provided: 1. Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon the land within the proposed PUD. __ 2. Developer. Identify all parties involved in the development, including their previous experience • and the nature and extent of their participation. 11-36 3. Financing of Project. Identify the source and type of financing of the project, including financing such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise. 4. Development Method. Describe what will be done with the project, if approved, and who will do it. Will the property be marketed undeveloped; rough graded; developed; or will the developer carry the project through actual construction of structures? Will structures be retained, sold, or leased? • 5. Development Timing. Specify timing of each stage of development from initial site development through building construction. Any phasing of different portions of the project should be clearly explained. 6. Critical Public Decisions. Identify all governmental agencies which have review authority over any portion of the development, what aspect of the project required their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project, such as: utilities, roads, road improvements, parks, schools, etc. 7. Other Information. Include any other information necessary to explain the unique characteristics of the project. B. Plan Area Identification. Provide the following to identify the land included in the proposed PUD. 1. PUD Boundaries. A plan clearly denoting overall project boundaries. 2. PUD Area. A plan which shows the overall PUD area as well as the adjacent parcels and their ownership. 3. Regional Relationships. A description of regional factors the plan is predicated upon such as: market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc. Also describe any impact the PUD would have on Regional Services and Systems. 4. Existing Land Use and Occupancy. 5. Existing Transportation Systems. Describe how the land within the PUD will be served by transportation systems and provide an analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the traffic expected from the development, describe improvements necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks and trails and how they tie into the City-wide system. 6. Existing Zoning. A map which shows the existing zoning and zoning of adjacent parcels. A listing of any zoning district changes or variances from City Code provisions should be provided. 7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the project and surrounding uses. If the plan was originally part of a PUD Concept Review, the • plan reviewed should be submitted together with a comparative analysis of the proposed PUD. 8. General Analysis and Conclusions. C. Plan Area Analysis. Provide the following relating to analysis of the plan: 1 1-37 — 1. Two-foot contour topographic map depicting existing and proposed contours should be submitted H j ata scale of 1" = 100'. 2. A soils map depicting surface and subsurface conditions that may affect construction. r! 3. A map depicting vegetation of the site with detailed locations of trees 12" or over in diameter. S 4. All water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on a site plan. 5. Photographs of the site sufficient to convey its general visual qualities and relationship to area and ,• proposed development. 1,71 6. A general discussion of natural ecological factors, analysis and conclusions. 7. A utility plan which illustrates the easements, and general sewer, water, and power services to all uses. 8. Preliminary architectural drawings depicting normal detail achieved during 'design development phase" of architectural design process (does not include single family detached housing). 9. Legal instruments for plan implementation including homeowner's association documents, scenic, pathway, drainage, or other easements and private documents, etc. -_ 10. Housing or land/building use profile including computations of gross/leasable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. D. Fees and Costs. Applications for a PUD shall be filed at the office of the Planning Director. A non- refundable application fee in the amount established by the Council by resolution to defray administrative costs shall accompany each application. A deposit established by the Planning Director shall accompany the application. The deposit or a portion thereof, will be refunded after final Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to: 1. Consultant fees assisting in City review. 2. City Staff time expended in specific development review. 3. Mailing, legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and costs for City review must be made prior to consideration of the application. Subd. 10. Public Hearing. A public hearing on an application for a PUD shall be held before both the Planning Commission and the Council. A notice of the time, place, and purpose of each hearing shall be published in the _ official newspaper at least ten days prior to the day of the hearing. When a PUD involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice _ 11-38 and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice chall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. A. An application for a PUD may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date of referral to the Planning Commission. B. In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance with such additional procedures as are set forth in Chapter 12. Source: City Code Effective Date: 9-17-82 Subd. 11 Findings Required. The findings necessary for approval of a PUD shall be as follows: A. The proposed development is not in conflict with the goals of the Guide Plan of the City. B. The proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries. C. Any exceptions to the standard requirements of this Chapter and Chapter 12 of this Code are justified by the design of the development. D. The PUD is of sufficient size,composition,and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept. Source: Ordinance No. 24-91 Effective Date: 12-5-91 — Subd. 12. Revisions and Amendments. A. Minor changes in the location, placement and height of buildings or structures as well as other matters set forth in the development plan, or any agreement, except as described in Subparagraph B below, may be authorized by the Planning Director if required by engineering or other circumstances not foreseen at the time the final development plan was approved. — B. Changes in uses as well as any modification or waiver of any standard or requirement relating to an original district or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures applicable to amendments of this Chapter pertaining to zoning. Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures provided in Chapter 12 of this Code pertaining to — subdivision of land. Source: City Code Effective Date: 9-17-82 11-39 • • 1 •• SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City f have been included within and designated as the "Major Center Area", (MCA), and are the subject of the 'Eden Prairie Major Center Area Planned Unit Development', (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended i for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. 1' Development of some of the lands within the MCA for the uses intended has occurred. Development of some of r _ such land has not and may not occur in the immediate future because of time, economic and other constraints. Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is, therefore, advisable to enable the owners of lands on which are f situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. Subd. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District) hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. Sec. 14, T. 116, R.22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 — NE-1/4 of the NE-1/4 SE-1/4 of the SW-114 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec. 23, T. 116, R.22 The South 650 feet of the NW-114 of the NE-1/4 Subd. 3. Required Conditions. A conditional use permit may be granted only subject to the following conditions. _ •_ A. There shall be no business or advertising sign in excess of 8 square feet. B. The conditional use permit shall be for a period not in excess of three years, provided, however, the Council may grant a conditional use permit or permits effective subsequent to the expiration of a previously granted conditional use permit. C. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met, unless a variance has been granted therefore by the Board of Adjustments and Appeals. D. The Council fords the following: 1. The land subject to the conditional use permit shall abut on a public street. •• ' 11-40 2. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. 3. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. 4. The conditional use will not be in conflict with the MCA-PUD or the Comprehensive Guide Plan. 5. The conditional use will not create an excessive burden on parks,schools, streets, and other public facilities and utilities which serve or are proposed to serve the area. 6. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 7. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. 8. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 9. The conditional use will not cause traffic hazard or congestion. 10. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. Subd. 4. Additional Conditions. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivision 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. - Subd. 5. Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 6. Revisions and/or Changes. — A. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Director of Planning if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. B. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which 11-41 • a conditional use permit has been granted, as determined by the City Assessor shall constitute a major s revision or change. Subd. 7. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd. 8. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. r � Source: Ordinance No. 30-83 Effective Date: 7-22-83 _ (Sections 11.42 through 11.44, inclusive, reserved for future expansion.) SECTION 11.45. FLOOD PLAINS REGULATION. — Subd. 1. Statutory Authorization, Purpose and Disclaimer. A. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes, Sections 103 F.001-.165 and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statutes, Section 103F.165 further stipulates that communities subject to recurrent flooding must participate in the National Flood Insurance Program. B. Statement of Purpose. The City hereby finds and declares that lands adjacent and contiguous to Riley Creek, Purgatory Creek, Nine Mile Creek, Lower Minnesota River, and lakes situated within the City are, _ - or may be, subject to periodic flooding resulting in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection - - and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this section to guide and regulate the orderly development of such lands and thereby minimize public and private losses, and to insure maintenance of needed natural water storage areas and water courses, and their shorelines and adjacent vegetation and topography, and thereby to promote and protect the public health, safety, and welfare. It is also the purpose of this Section to maintain the City's eligibility in the National Flood Insurance Program. Nothing contained in this section shall be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. C. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain or land uses permitted within the flood plain will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this Section, the Flood Insurance Rate Map for the City of Eden Prairie, Zoning Map of the City of Eden Prairie or any administrative decisions made thereunder. _ Subd. 2. General Provisions. A. Adoption of Flood Insurance Rate Map. In order to comply with State and Federal law, the Flood Insurance Rate Map for the City of Eden Prairie, dated January 17, 1986, developed by the Federal — Emergency Management Agency, is hereby adopted by reference. The Flood Insurance Rate Map may be used for flood insurance requirement determinations only. It must not be relied upon for information . as to actual conditions, such as the non-likelihood of flooding of particular lands, since it contains _ inaccuracies. 11-42 B. Lands to Which Section Applies. This Section shall apply to all lands within the flood plain district within the jurisdiction of the City. Subd. 3. Definitions. 1. Accessory Use or Structure-a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. Basement -any area of a structure, including crawl spaces, having its floor or base subgrade(below ground level) on all four sides, regardless of the depth of excavation below ground level. 3. Flood - a temporary increase in the flow or stage or a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 4. Flood Plain-the channel or bed proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by a regional flood. A flood plain shall be determined without reference to the Flood Insurance Rate Map. 5. Flood Plain District - That area encompassed within flood plains in the City. 6. Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store a regional flood discharge. 7. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 8. Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of a 100-year recurrence interval. 9. Regulatory Flood Protection Elevation -The Regulatory Flood Protection Elevation shall be an elevation no lower than two feet (2')above the regional flood elevation (the crest or highest elevation of a regional flood) plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 10. Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities. 11. Any term not defined in this Section shall have the meaning as defined elsewhere in this Chapter. Subd. 4. Conflict With Other Regulations And General Compliance. — A. The Flood Plain District as Overlay District. The flood plain district shall be considered an overlay of other districts provided by this Chapter 11. The uses permitted in this Section shall be permitted only if not prohibited by any other provision of the Code. The conditions and limitations imposed by this Section shall be in addition to, and not in derogation of, other provisions of the Code, and where this Section is more restrictive, the provisions of this Section shall apply. B. Compliance. No structure or land within the flood plain district shall hereafter be used, placed, located, extended, converted, altered, filled or excavated except as provided in this Section. 11-43 Subd. 5. Authorized And Permitted Uses. A. Authorized Uses in the Flood Plain District With a Permit. The following uses of land may be authorized - in the flood plain district by obtaining a permit from the City. Such uses must comply, and may be • authorized only on condition that they shall comply, with the Use and Construction Standards contained in Subd. 6 hereof. 1. Any use of land which does not involve a structure, a habitation, an addition to the outside --- dimensions to an existing structure or an obstruction to flood flows such as fill, or excavation pursuant to Subd. 5. A. 3. hereof, or storage of materials or equipment. 2. Storage of materials or equipment if readily removable from the flood plain within the time available after a flood warning in accordance with a plan approved by the Council, or if not subject to major damage by floods and firmly anchored to prevent flotation, provided however, the storage of materials that are, in time of flooding,flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 3. Filling or excavation pursuant to a valid permit or permits issued by the managers of a Watershed District formed pursuant to Minnesota Statutes Chapter 103 D or any similar law having jurisdiction over the flood plain and/or the Minnesota Department of Natural Resources. 4. Placement, building, or alteration of, or addition to, a structure on that portion of a flood plain which has been filled to the Regulatory Flood Protection Elevation. 5. Public Facilities and Services. 6. Railroad tracks, roads, streets, and bridges. . 7. Structural works for Flood Control structures authorized by the Commissioner of the Minnesota Department of Natural Resources pursuant to the provisions of Minnesota Statutes, Chapter 105. 8. Docks, moorings, boat storage, swimming floats, ski jump storage, diving towers, buoys or markers, permitted on or in a lake or other waters pursuant to Section 11.50 of the Code. Subd. 6. Use And Construction Standards. A. Structures. 1. All structures, including accessory structures and additions to existing structures, shall be constructed so that the basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. 2. Structures shall be constructed of placed to prevent flotation which may result in damage to other structures and/or restrictions of bridge openings and other narrow sections of water-courses. .... 3. Public facilities and services shall be flood-proofed in accordance with the Building Code, unless situated above the Regulatory Flood Protection Elevation. -- 11-44 B. Parking Lots. Parking lots may be at elevations lower than the Regulatory Flood Protection Elevation, provided however, for such facilities to be used by employees or the general public there must exist and be operating a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of a regional flood. C. Railroad tracks, roads, and bridges shall be elevated to or above the Regulatory Flood Protection Elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. D. Private On-Site Sewage Treatment and Water Supply Systems. No private on-site sewage treatment or water supply system shall be constructed within a flood plain. E. Filling or Excavation. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap, vegetative cover or other acceptable method. A slope shall not be steeper than one(1) foot vertical elevation for each three (3) feet of the slope measured horizontally. F. All Uses. 1. Uses that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance in accordance with this Chapter. Such a variance, shall limit the period of use or occupancy of the use and may be only granted after a determination that adequate flood warning time and local emergency response and recovery procedures exist. 2. No use shall result in the pollution of, or detriment to, surface or ground water. 3. No use shall result in an obstruction to,or be incompatible with,preservation of those natural land forms, vegetation and adjacent marshes and wet areas contiguous to watercourses in the City which are principal factors in the maintenance of constant rates of water flow. 4. No use shall be permitted which results in development of land or water areas reasonably necessary to temporary withholding of excessive runoff of surface water, or of land and water areas which provide groundwater infiltration, and which development will or may decrease the capacity of such areas to withhold such surface waters, or to provide such ground water infiltration. 5. Service facilities such as electrical and heating equipment shall be installed at or above the regulatory flood protection elevation or adequately flood proofed. Subd. 7. Permit Required. A. A Permit issued by the Council shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the flood plain district. B. Upon receipt of an application for a permit within the flood plain district, the City shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified registered engineer specifying the nature of the development and whether the proposed use is located in the Flood Plain and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600(Technical Standards and Requirements For Flood Plain Evaluation) 11-45 — i { and 6120.5700 (Minimum Flood Plain Management Standards For Local Zoning Ordinances) shall be followed during the technical evaluation and review of the development proposal. • C. When filing the application, the applicant shall pay non-refundable fees in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. D. The City shall submit one copy of all information required by Subd. 7. A. of this Section, for their review Li and recommendations, to the Department of Natural Resources' Area Hydrologist and the Watershed District having jurisdiction over the land which is the subject of the application, at least 20 days prior to the granting of a permit by the Council and to the City's Parks, Recreation and Natural Resources Commission and Planning Commission prior to the granting of a permit by the Council. The City shall notify the respective Department of Natural Resources' Area Hydrologist within ten(10)days after a permit - is issued. Subd. 8. Certification of Floor Elevations. The applicant shall submit a certification by a registered professional engineer, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The Director of Inspections shall maintain a record of the elevation of the lowest floor(including basement) for all new structures and alterations or additions to existing structures in the flood plain district. Subd. 9. Severability. If any subdivision, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. Source: Ordinance No. 7-93 Effective Date: 4-16-93 _ (Section 11.46 through 11.49, inclusive, and pages 11-47 through 11-51 reserved for future expansion.) 11-46 : -i SECTION 11.50. SHORELAND MANAGEMENT. Subd. 1. Declaration of Policy and Procedures. A. Declaration of Policy. It is hereby found and declared that shorelands of protected waters are, or may be, subject to uncontrolled use resulting in: Health and safety hazards, pollution of protected waters, loss of - property, destruction of fish and wildlife, impairment of natural beauty, and impairment of local tax base all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this Section to provide standards and criteria for the subdivision, use and development of the shorelands of protected waters in order to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for wise utilization of water and related land , resources, and thereby promote and protect the public health, safety, and welfare. B. Specific Purposes. In addition to this policy, the specific intent of this Section is to establish: 1. Shoreland Management Classification for Protected Waters designed by the Minnesota Department . of Natural Resources. 2. Regulations providing for the size and length of water frontage of lots suitable for building sites. 3. Regulations providing for the designation of land use zoning districts. • 4. Regulations governing the placement of structures in relation to shoreline. 5. Regulations governing the amount of impervious surface allowed on each lot. 6. Regulations governing the type and placement of sanitary and waste disposal facilities. 7. Regulations governing the alteration of natural shoreline. _ 8. Regulations governing the placement of roads and parking areas. 9. Regulations governing the subdivision of shoreland areas. 10. Provisions for enforcement and administration. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 11-52 1. "Boathouse" -Structure used solely for the storage of boats or boating equipment. The term does not include slip structures or moorings. 2. "Building Line" - That line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions. 3. "Clear-Cutting" - Removal of an entire stand of trees. 4. "Commissioner" - Commissioner of Natural Resources, State of Minnesota. 5. "Crowding Potentials" - Ratio of total acreage of a water body to shore miles. 6. "Dock" - Any wharf, pier, or other structure constructed or maintained in the lake, whether floating or not, including all "L's", or "T's", or posts which may be a part thereof, whether affixed or adjacent to the principal structure. 7. "Decks" -A structure other than a dock or element thereof, measuring more than six feet in length or width, any part of which is located over and above the surface of the lake and designed for use as a platform, floor, cover, or any combination thereof. 8. "Hardship" -Hardship exists where the property in question cannot be put to any reasonable use under the conditions allowed by the regulations of this Section and the plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the landowner's desired use of the property will not alter the essential character of the locality. Economic considerations alone shall not constitute hardship if a reasonable use for the property exists under terms of this Section. 9. "Lot" - A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision map or record of survey map or by metes and bounds, for the propose of sale or lease or separate use thereof. 10. "Lot Abutting" -Any lot directly abutting the ordinary high water mark or within 150 feet thereof shall be considered an abutting lot. 11. "Mooring" -Any buoy, post, structure or other device at which a watercraft may be moored and which is surrounded by navigable water. 12. "Non-Conforming Use" - Use that does not conform to the regulations as to use for the area in which it is situated. 13. "Ordinary High Water Mark" - Mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to terrestrial. 14. "Planned Unit Development" -A tract of land which is developed as a unit under single or unified ownership or control and which includes two or more principal buildings. 15. "Protected Water" - Any waters within the City which serve a beneficial public propose, as defined in Minnesota Statutes 1974, Section 105.37, Subdivision 6. However, the term does not include a lake, pond, or flowage of less than 10 acres in size or a river or stream having a total drainage of less than two square miles. Nor does the term include a body of water created by a 11-53 private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Commissioner. 16. "Roof" - A permanent dock cover, 17. "Setbacks" -Minimum horizontal distance between a structure or sanitary facility and the normal _ ordinary high water mark or between a structure or sanitary facility and a road, highway, or property line. ` 18. "Shoreland" -Land located within the following distance from protected water: 1,000 feet from the ordinary high water mark of a lake, pond, or flowage, and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such a river or stream whichever is greater. The practical limits of shorelands may be less than the statutory limits T whenever the waters involved are bounded by topographic divides which extend landowner from the waters for lesser distances and when approved by the Commissioner. 19. "Shoreland Management Classification System". Shoreland in the community is divided into three classifications: A. General Development Waters, as shown on the shoreline profile,include protected waters — whose shores are presently characterized by industrial, commercial or high density residential, or are planned as such in the Comprehensive Guide Plan. B. Recreational Development Waters, as shown on the shoreline profile, include protected waters whose shores are presently characterized by low to medium density residential or are planned as such in the Comprehensive Guide Plan. _ C. Natural Environment Waters, as shown on the shoreline profile, include protected waters whose shores are presently characterized by low density single family residential development; and/or office development set back more than 200 feet or which are planned as such in the Comprehensive Guide Plan. These may also include protected waters which have been designated as having great natural wildlife capability by City, County, Regional, State, or Federal agencies. 20. "Shoreline" - The shoreline for protected waters is defined as the normal ordinary high water mark. 21. "Slip Structure" -A structure designated solely to secure a watercraft for the purpose of protecting it from damage from sun, wind, storm, or rain; the term does not include boathouses, decks, roofs, or similar structures. 22. "Structure" -Any building or appurtenance thereto, except aerial or underground utility lines,such - - as sewer, electric, telephone, or gas lines and the towers, poles and other supporting appurtenances thereto. 23. "Subdivision" -The division of a parcel of land into two or more lots or parcels by any means including registered land surveys and conveyance by metes and bounds, any of which resultant parcels is less than five (5) acres in area, for the purpose of transfer of ownership or building • development, or if a new street is involved, any division of a parcel of land. Term includes re- subdivision and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. 11-54 24. "Substandard Use' -Any use of shorelands existing prior to the date of enactment of this Section which is permitted within the applicable zoning district, but does not meet minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of this Section. 25. "Variance" -Any modification or variation of official controls where it is determined that,because of hardships, strict enforcement of the official controls is impractical. 26. "100-Year Frequency Flood Level" -The elevation that a creek, pond, or lake will reach once in I00 years. Subd. 3. Regulation of Structures Within the Lake. A. Prohibition. It is unlawful for any person to use any area of any protected waters outside of an authorized dock use area, for docks, mooring, boat storage, swimming floats, ski jump storage or diving towers, unless such use is specifically permitted under the provisions of this Section. B. Authorized Dock Use Area. An authorized dock use area is described as follows: 1. Length - The authorized dock use area for sites bordering on the lake extends into the lake a distance equal to the lot's lake frontage to be measured at right angles to the side site lines and, except as provided herein, shall not extend into the lake a distance of greater than 100 feet in the case of commercial docks and 75 feet in the case of other docks to be measured on a line parallel to the side site lines as extended into the lakes. 2. Width - The authorized dock use area for sites bordering on the lake is limited in width by the setback limitations prescribed herein. The setback from side site lines as extended into the lake shall be 15 feet for private docks and 20 feet for commercial docks. Where boat slips open toward a side site line, the setback provided shall be at least equal to the slip depth, but shall not be less than 20 feet. C. Structures Not to Obstruct. No dock, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area or similar structure authorized under this Chapter. No dock, mooring area or similar structure shall be located or designed so that it unnecessarily requires or encourages boats using it to encroach into any other authorized dock use area. A dock, mooring or other structure is "authorized" it is automatically permitted under this Section, permitted pursuant to a permit or, if it is a variance, permitted under this Section. D. Unusual Configuration. Where the provisions of this Section would cause the authorized dock use area of two or more sites to overlap, or where there is any other unusual configuration of shoreline or extended lot lines, which causes a conflict between the owners of two or more adjacent or nearby sites in that they may tend to use the same area of any protected waters for docks, mooring areas or other structures or for reasonable access thereto, the owner of any of the affected sites may apply to the Council for a variance pursuant to this Section. A variance may be (1) to permit the applicant to locate a dock, mooring area or other structure in a location different from that permitted by this Section or (2) to permit or require the owner of any adjacent or nearby site to do so. E. Docks: Dimension Limits. A dock as defined in Subdivision 2 of this Section, shall not exceed, in the case of a commercial dock, 600 square feet, and in the case of a residential dock, 450 square feet. F. Prohibited Structure. The following may not be erected on a protected water: (1)boat houses; (2) decks as defined in Subdivision 2 of this Section; (3) roofs; or(4)any structure above the horizontal plane of a 11-55 dock except boat slips and slip structures as regulated by this Subdivision. A deck or roof lawfully in I P existence but may not be structurally altered or expanded in any way. G. Signs. No advertising signs may be displayed from any dock. Address signs which shall be no larger than two square feet in area are allowed. H. Storage. Unless otherwise specifically permitted by this Section, no structure on a protected water may be used for the storage of any materials or items other than watercraft. I. Multiple Docks and Docks in Excess of 75 Feet. It is unlawful for any person to locate, construct, install, T or maintain a dock, multiple dock, or mooring area which extends at any point more than 75 feet from the shoreline of a protected water,unless he obtains a permit from the Council. Only one dock is allowed per abutting lot. J. Temporary Structures. No swimming floats, ski jumps,diving towers, buoys, markers, or other structures surrounded by navigable water shall be located in a protected water more than 100 feet from the shoreline without being authorized by a permit from the City. The Council may grant any such permit, provided that the proposed structure is not more than 200 feet from the shoreline, if it determined that the granting of such permit will not create hazards or obstructions to navigation. Permits shall not be issued for free _ floating structures. Permits are not required for diving floats or navigation buoys. K. Permits. Any change in the length, width, height, or location of a structure requiring a permit under this Section requires the issuance of a new permit. If a permit is denied, or if an activity or structure does not otherwise conform with the requirement of this Section, a variance may be sought consistent with the requirements of this Section. In applying for any permit under this Section, the following information shall be supplied by the applicant: 1. The name, address, and telephone number of the applicant. 2. The type, number, and proposed location of structures for which the permit is sought. 3. The period of time for which the permit is sought. (No more than 3 years.) 4. A statement as to whether the structure will be reflectorized. 5. If an organization is seeking the permit, a statement as to the nature of the organization. 6. If the permit is sought for a particular event, the nature of the event. 7. Such other information as the Director of Community Services may require to assist him, or the Council, in considering the application for the permit. 8. A statement by the applicant that he assumes responsibility for the presence and removal of all structures in the protected water. L. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny permits, the — Council may consider, among other things, the following: 1. Whether the structure will be structurally safe for use by the intended users. 2. Whether the facility will comply with the regulations contained in this Section. 11-56 3. Whether the proposed structure will create a volume of traffic on the protected water in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the protected water in the vicinity of the facility. 4. Whether the proposed facility will be compatible with adjacent development. 5. Whether the proposed facility will be compatible with the maintenance of the natural beauty of the protected water. 6. Whether the proposed facility will affect the quality of the water of the protected water and the ecology of the protected water. 7. Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 8. Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. M. Permit Conditions The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of the permit is a violation of this Section and grounds for revocation of the permit. N. Permit: Revocation. If any permitted structure is found by the Council to be a hazard or obstruction to the safe use of the lake, or to otherwise not comply with the requirements of this Section, the permit may be revoked by the Council in the following manner: 1. Notice shall be given to the applicant of the reasons for the proposed revocation of the permit. 2. The applicant shall be given 10 days within which to submit a written response to the notice of proposed revocation. 3. At the end of the 10-day period the Council shall make a final decision on whether to revoke the permit. This decision shall be made based upon the factors specified in Subparagraph L above. 4. Upon notice of revocation the applicant shall remove the structure within 10 days. 0. Permit Fees. When filing the application, the applicant shall pay non-refundable fees for temporary structure and all other permit fees in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. Subd. 4. Shoreland Management Classifications. A. Establishment of Shoreland Management Classifications. Unless otherwise specified herein, the shoreland management classifications shall apply to all shoreland areas of protected waters located within the jurisdiction of the City. B. Classification. The classification of protected waters as shown on the Shoreland Management Map(herein called the "Profile") shall consist of Natural Environment Waters, Recreational Development Waters, and General Development Waters as herein defined. The profile shall determine compliance with the shoreland management standards of this Section. 11-57 C. Amendments to Shoreland Management Profile. All amendments to the Profile must be submitted to the Parks, Recreation, and Natural Resources Commission, the Planning Commission, the Council, and the Commissioner of Natural Resources and approved by the Council and the Commissioner prior to adoption. Subd. 5. Sanitary Restrictions. r- A. A public or private supply of water for domestic purposes shall conform to Minnesota Department of Health regulations for water quality. B. Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. f T Wells already existing in areas subject to flooding shall be flood proofed in accordance with accepted engineering standards. C. Sewage and Waste Disposal. 1. Any premises used for human occupancy shall be provided with an adequate method of sewage disposal to be maintained in accordance with acceptable practices. 2. Public or municipal collection and treatment facilities shall be used where available or feasible. 3. All private sewage and other sanitary waste disposal systems shall conform to applicable standards,criteria, rules and regulations of the Minnesota Department of Health and the Individual Sewage Treatment Systems Standards (6 MCAR Section 4.8040)of the Pollution Control Agency and any applicable local governmental regulations in terms of size, construction, use, and maintenance. 4. Public sewage disposal and commercial, agricultural, solid waste, and industrial waste disposal, shall be subject to the standards of the Minnesota Pollution Control Agency. D, Septic Tank and Soil Absorption System. 1. Location and installation of septic tanks and/or soil absorption systems shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the domestic water supply, nor pollute or contaminate any waters in the State. In determining a suitable location for the tank or system, consideration shall be given to the size and shape of the lot, slope of natural grade, soil permeability, high ground water elevation, geology, proximity to existing and future water supplies, accessibility for maintenance and possible expansion of system. 2. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage: low swampy areas or areas subject to recurrent flooding;areas where the highest known ground water table, bedrock, or impervious soil conditions are within 4 feet of the bottom of the systems; and area of ground slope which create a danger of seepage of the effluent onto the surface of the ground. E. Setback. Septic tanks and soil absorption systems shall be setback from the ordinary high water mark in _ accordance with the class of protected water: 1. Natural Environment Waters, at least 150 feet; 2. Recreational Development Waters, at least 100 feet; 11-58 - i 3. General Development Waters, at least 100 feet. F. Inspection. The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this Section. No part of any soil absorption system or septic tank shall be covered until it has been inspected and accepted by the Building Inspector and a permit has been obtained from he City pursuant to Subdivision 10 of this Section. It shall be the responsibility of the applicant for the permit to notify the Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Inspector to make the indicated inspection within a reasonable time after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Inspector free access to the property at reasonable times for the purpose of making such inspections. If upon inspection the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards in this Section, he shall give the applicant written notification describing defects. The applicant shall be responsible for correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Upon final inspection approval, the Inspector shall so notify the applicant in writing. Subd. 6. Zoning Restrictions. No building permit shall be issued for any lots zoned as residential, commercial, office, or industrial or any sub-zoning district thereof which are within the Shoreland Management Profile unless the use is in conformance with this Chapter and conforms to the following lot size dimensions and setbacks. A. Natural Environment Waters. 1. Single Family Housing Detached Dwellings. (a) Lots abutting and without public sewer: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 300 feet. (Rural - 300 feet) (3) Minimum width at Ordinary High Water Mark - 200 feet. (4) Minimum setback from Ordinary High Water mark - 200 feet. (b) Lots abutting with public sewer and water: (1) Minimum lot size - 40,000 square feet. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. 2. Multiple Housing Attached Dwellings. (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 30,000 sq. ft./unit. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 11-59 3. Commercial and Industrial Zoning (no outside storage allowed). (a) Lots must have public sewer and water. 7 — (b) Lots abutting: . (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. •• (3) Minimum width at Ordinary High Water Mark -200 feet. (4) Minimum setback from Ordinary High Water Mark -200 feet. , 4. Office and Institutional. (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. (3) Minimum width at Ordinary High Water Mark -200 feet. _ (4) Minimum setback from Ordinary High Water Mark - 200 feet. B. Recreational Development Waters. 1. Single Family Housing Detached Dwellings. (a) Lots without public sewer. (b) Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 300 feet (Rural - 300 feet). (3) Minimum width at Ordinary High Water Mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 100 feet. (c) Lots abutting with public sewer and water. (1) Minimum lot size - 20,000 square feet. — (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Mark - 120 feet. (4) Minimum setback from Ordinary High Water Mark - 100 feet. 2. Multiple Housing Attached Dwellings. (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 15,000 sq. ft./unit. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Mark- 120 feet. . (4) Minimum setback from Ordinary High Water Mark - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 11-60 _ I 3. Office and Institutional. (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum setback from Ordinary High Water Mark - 200 feet. _ (3) Minimum width at building line -200 feet. (4) Minimum width at Ordinary High Water Mark - 200 feet. 4. Commercial and Industrial (no outside storage allowed). (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 10 acres. (2) Minimum width at building line - 200 feet. (3) Minimum width at Ordinary High Water Mark - 200 feet. (4) Minimum setback from Ordinary High Water Mark - 200 feet. C. General Development Waters. 1. Single Family Housing Detached Dwellings. (a) Lots abutting without public sewer: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Mark - 120 feet. '4) Minimum setback from Ordinary High Water Mark - 100 feet. (b) Lots abutting and with public sewer and water: (1) Minimum lot size - 13,500 square feet. — (2) Minimum width at building line - 120 feet. (3) Minimum width at Ordinary High Water Mark - 120 feet. • (4) Minimum setback from Ordinary High Water Mark - 100 feet. 2. Multiple Housing Attached Dwellings. (a) Lots must have public sewer and water. (b) Lots abutting: (1) Minimum lot size - 10,000 square feet. • (2) Minimum width at building line - 100 feet. (3) Minimum width at Ordinary High Water Mark - 120 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. - 3. Office and Institutional. 11-61 (a) Lots must have public water and sewer. j (b) Lots abutting: In i (1) Minimum lot size - 2 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. •1 � 4. Commercial. (a) Lots must have public water and sewer. (b) Lots abutting: (1) Minimum lot size - 2 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. 5. Industrial. (a) Lots must have public water and sewer. (b) Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - 150 feet. (3) Minimum width at Ordinary High Water Mark - 150 feet. (4) Minimum setback from Ordinary High Water Mark - 150 feet. D. Substandard Lots. The City may issue a building permit for a lot of record in the office of the County Recorder prior to the date of enactment of this Section which does not meet the lot size requirements of this Subdivision, provided the lot is in separate ownership from abutting lands and the proposed - development complies with setback provisions and sanitary restrictions of this Section. Subd. 7. Additional Zoning Restrictions. In addition to the requirements set out in Subdivision 6 above, the following restrictions shall apply to all shoreland areas and protected waters. • A. Roads and Highways. No structure shall be placed nearer than 50 feet from the right of way line of any town road, public street or other road, street, or highway which is not classified. B. Structures. All structures except nonresidential agricultural structures, shall not exceed 30 feet in height. C. Impervious Surfaces. The total area of all impervious surfaces on a lot shall not exceed 30% of the total lot area. D. High Water Elevation. Structures shall be placed at an elevation two feet above the 100-Year Frequency Flood level. E. Exceptions to Zoning Restrictions of this Section. 11-62 1. Boathouses may be located landward of the ordinary high water mark as a variance provided they are not used for habitation and they do not contain sanitary facilities. 2. Subparagraph D of this Subdivision does not apply to structures located on protected waters. 3. Where development exists on both sides of a proposed building site within the same lot as the proposed building site, structural setbacks may be altered to take setbacks of existing structures _ into account if approved by the Building Inspector. 4. Commercial, industrial, or permitted open space uses requiring location on or near protected waters may be allowed as a variance closer to such waters than the setbacks specified in Subdivision 6 of this Section. Subd. 8. Sbireland Alterations. A. Removal of Natural Vegetation. 1. Clear cutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas. 2. Natural vegetation shall be restored insofar as feasible after any construction project. 3. Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water. B. Grading and Filling. 1. In performing any grading and/or filling, the smallest amount of bare ground as is feasible shall be exposed for as short a time as feasible. 2. Temporary ground cover, such as mulch, shall be used as much as is feasible. Permanent vegetation cover, such as sod, shall be provided upon completion of the grading and/or filling. 3. Methods to prevent erosion and trap sediment shall be employed. 4. Fill should be stabilized to accepted engineering standards. C. Alteration of Beds of Protected Waters. 1. Any work which will change or diminish the course, current or cross section of a protected water shall be approved by the Commissioner before the work is begun. This includes construction of channels, ditches, lagooning, dredging of lakes or stream bottoms or removal of muck, silt, or weeds and filling in the lake or stream bed. Approval shall be construed to mean the issuance, by the Commissioner, of a permit under the procedures of Minnesota Statue 1974, Section 105.42 and other related statutes. 2. Permission for excavation on shorelands where the intended purpose is connection to protected water, such as boat slips,canals, lagoons,and harbors, may be given only after the Commissioner has approved the proposed connection. Approval shall only be given if the proposed work is consistent with applicable State regulations for work in beds of protected waters. D. Placement of Roads and Parking Areas. 11-63 „ 1. No impervious surface shall be placed within 50 feet of the Ordinary High Water Mark, with the exception of recreational trails and boat launch ramps. 2. Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures in Subdivision 6 of this Section. 3. Natural vegetation shall be used in order to screen parking areas when viewed from a protected water. Subd. 9. Subdivision Restrictions. • A. Land Suitability. No permit shall be granted for land to be subdivided which the City finds to be unsuitable for the proposed use because of flooding, inadequate drainage, soil and rock formation, severe erosion — potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents. B. Inconsistent Plats. All plats which are inconsistent with this Section shall be received and reviewed by the Commissioner 10 days before a hearing is called by the City for consideration of approval of a final plat. C. Copies of Plats. The Commissioner shall receive all plats within shoreland areas within 10 days of final approval by the City. D. Planned Unit Development (PUD). PUD shall not allow alteration of standards applying to abutting lots. — Subd. 10. Administration, Application and Issuance of Certain Permits. A. Permit Required. A permit issued by the City shall be applied for an obtained prior to construction, subdividing, installation of sewer and water facilities, and grading and filling within any part of shoreland . _ area except that this Subdivision shall not apply to those structures covered by Subdivision 3 of this Section. B. Applications for Permit. Application for a permit shall be made by the owner or owners of the lot on forms provided by the City. A copy of the application shall be filed with the City Manager, or his , — designate. The application shall be accompanied initially by the following where applicable: plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures and other information the Manager may request. C. Application Fee. When filing the application, the applicant shall non-refundable fees for a permit and variance request in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. D. The City Manager shall submit a copy of the application to the Minnesota Department of Natural Resources and appropriate Watershed District. E. The City Manager shall submit a copy of the application to the Parks, Recreation and Natural Resources Commission for an evaluation of the environmental impact of the proposed construction, and the Planning _ Commission and City Planner for their report and recommendations. F. The application for permit,together with staff reports,and comments and recommendations from the Parks, Recreation and Natural Resources Commission and Planning Commission shall be forwarded to the Council for action. The permit application should be acted upon only after receipt of the recommendations from the appropriate Watershed District and Department of Natural Resources, except that if recommendations 11-64 are not received within 60 days after submission to them pursuant to Subparagraph D above, the Council may act upon such application without those recommendations. G. Standards for Granting or Denying Permit. The Council shall consider the following factors when determining whether to grant or deny a permit: 1. Adequacy of lot size and building setbacks. 2. Adequacy of sewer facilities. 3. Adequacy of grading and filling. 4. Adequacy of other shoreland protection measures as set out in this Section. - H. Permit Conditions. The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of a permit is a violation of this Section and grounds for revocation of the permit. I. Permit Revocation. If any permitted structure or activity is found by the Council to not be in compliance with this Section, the permit may be revoked by the Council in the following manner. 1. Notice shall be given to the applicant of the reasons for the proposed revocation of the permit. 2. The applicant shall be given 10 days within which to submit a written response to the notice of proposed revocation. 3. At the end of the 10-day period the Council shall make a final decision on whether to revoke the permit. This decision shall be made based upon the factors specified in Subparagraph G above. 4. Upon notice of revocation, the applicant shall remove the structure within 10 days. - J. Certificate of Compliance. Upon completion of any work or project pursuant to a permit granted pursuant to this Section, and prior to the use or occupancy of the land or structure, applicant is required to submit written certification signed by a duly registered engineer, architect, land surveyor,or other qualified person designated by the Council at such time the building application is approved. Said Certificate of Compliance shall certify that all permitted improvements, buildings, and structures have been completed along with adequate lot size and building setbacks, sewer and facilities, finished grading and filling, and other shoreland protection measures in compliance with the permit. Subd. 11. Variance Standards. - A. Variances. Variances from strict conformity with the terms of this Section may be granted only when (1) such variance is determined to be in the public interest, and (2) where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. B. Procedures for Considering Variance Application. A variance from strict conformity with the terms of this Section may be granted in conformance with the procedures for granting variances set forth in Section 11.76 of this Chapter. Upon receiving an application for a variance, the Board of Adjustments and Appeals, prior to rendering a decision thereon, may require the applicant to furnish the following 11-65 information, as deemed necessary by the Board, for determining the suitability of a particular site for the l proposed use: 1. Plans showing elevation of the grounds water supply, sanitation facilities, photographs showing [ ` a existing land uses, vegetation upstream and downstream, and soil types. 2. Specification for building construction(including lot size and setbacks), filling,and grading,water {-7 supply, and sanitary facilities. 3. Such other information as may bear on the suitability of the proposed structure or development. Subd. 12. Non-Conforming Structures. An existing structure or use which was lawful before adoption of this Section, but which is not in conformity with the provisions of this Section, may be continued subject to the — following conditions: A. No structure or use shall be expanded, changed, enlarged, or altered in any way without complying in all respects with this Section. fl B. If any non-conforming structure is destroyed or damaged by any means, to the extent that the cost of repairing or restoring such destroyed or damaged non-conforming structure would be 50% or more of the 4 a Assessor's Market Value for tax purposes at the time of damage, then it shall not be reconstructed except 3 _ in full compliance in all respects with the provisions of this Section, including, but not limited to, the — obtaining of all required permits. i'• Subd. 13. Enforcement. The City shall have the power and authority to enforce the provisions of this Section. The City will avail itself of technical assistance available through the appropriate Watershed District and its Staff in determining enforcement procedures for this Section. f[ �y Subd. 14. Authority. This Section is adopted pursuant to the authority granted by Minnesota Statues 1969, f" Chapter 105. i Subd. 15. Interpretation. In interpreting and applying the provisions of this Section, such provisions shall be held to be minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is V' not the intention of this Section to interfere with, abrogate or annul any covenant or other agreements between i . parties, or any other provision of the City Code; provided,however,where this Section imposes a greater restriction ` ' upon the use or improvement of any premises than those imposed or required by other statues, City Code provisions, rules, regulations or permits of the City, State, or appropriate Watershed District, or by covenants or r t agreements, the provisions of this Section shall govern. 1. Source: City Code Effective Date: 9-17-82 t (Sections 11.51 through 11.54, inclusive, reserved for future expansion.) r SECTION 11.55 MINING OPERATION, LAND ALTERATION, AND ENVIRONMENTAL PRESERVATION REGULATIONS. — I • Subd. 1. Declaration of Policy and Purpose. A. Commercial mining and land alterations are now being and for some time have been conducted in certain ' places in the City. Such acts are inherently accompanied by noise and dust, often create hazardous L 11-66 l_i conditions and result in lasting disfigurement of the places where they are carried on and thus tend to interfere with the existing land uses in nearby areas, to discourage further permanent development of the surrounding properties, to impair adequate planning or municipal development, and to diminish the public health, safety, and general welfare. It is, therefore, desirable to regulate both existing operations and any further extension of such mining operations and land alterations in the City. B. It is hereby found that tree removal, damage, and destruction are now, and for some time have been, occurring in certain areas within the City. Such acts tend to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and — destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Caliper Inches" -The length, in inches, of a straight line measured through the trunk of a tree 12 inches above the ground. B. "Canopy of a Tree" - The horizontal extension of a tree's branches in all directions from its trunk. C. "Drip Line of a Tree" - An imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. D. "Developer" -The owner of the land or person who is the applicant for alteration of the land. _ E. "Diameter" -Wherever this term is used in reference to the measurement of a tree it shall mean a tree's trunk as measured 4.5 feet above the ground. F. "Impounded Waters" -Any water kept on public or private property within the City in such a manner that more than 500 gallons of water are above the natural surface of the surrounding ground. The word "water" or "waters" as used in the preceding sentence shall be deemed to include any and all liquid substances. G. "Land" or "Parcel of Land" shall mean and include an entire lot as defined in Section 11.02 of the Code on or within the boundaries of which land alteration has occurred, or is to occur. H. "Land Alteration" -Any excavating, grading, clearing, filling or other earth change which may result in the movement of more than 100 cubic yards of earth, or any alteration of land of more than one foot from the natural contour of the ground on any contiguous 200 square feet of ground, any cutting, removal or 11-67 `tl killing of more than 10% of the significant trees on any land within a period of five years, or any destruction or disruption of vegetation covering an area equal to or greater than 10% of any parcel of land, or any other significant change in the natural character of the land. fl— I, 'Mining Operations" -Any artificial excavation of the earth within the limits of the City operated for the commercial exploitation of earthly deposits removed therefrom and creating a depression or depressions ..._ exceeding in any one place 200 square feet of surface area, the bottom or lowest point of which shall be 2 feet or more below or lower than the level of the adjoining unexcavated land. J. "Root Zone of a Tree" - The area under a tree which is at and within the drip line of a tree's canopy. K. 'Significant Tree" - Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in diameter or greater, or a coniferous tree measuring 8 inches in diameter or greater. L. 'Tree Trunk" - The stem portion of a tree from the ground to the first branch thereof. Any term used in this Section and not defined in this Section shall have the meaning as otherwise defined n the Code.' Subd. 3. Permit Required. It is unlawful for any person to use land for, or to engage directly or indirectly in, land alteration or mining operations unless such person shall first have applied to and obtained from the Council, in the manner hereinafter provided, a permit authorizing the same, provided, however, that no permit shall be required by any person making any excavation in conjunction with a building (i) for which there has been issued an appropriate building permit; and (ii) which is to be constructed (a) upon land for which a permit for land alteration under this Section has previously been issued; and (b) in accordance with such permit." Subd. 4. Application for Mining Operations Permit. A. Form of Application. Application for a permit for mining operations shall be made in writing to the Council. The application shall set forth the location and plan of mining operations. The application shall also include: 1. The name and address of the person applying for the permit. 2. The name and address of the owner of land subject to the mining operations. 3. The estimated period of time within which the mining operations will be conducted. 4. A topographic map of the proposed pit or excavation area to a scale of one inch equals 100 feet and to a 2-foot contour interval. The map shall show: (a) The area as it presently exists and a minimum of 100 feet of adjacent land on all sides of said area. (b) The proposed contours of the land when the mining operation is completed. 5. The proposed method of impounding any water used for washing purposes. 6. A regrading, drainage, and planting plan, if appropriate for the land subject to the mining operation. 11-68 7. A designation of the roads, streets or highways within the City limits over which any material removed from the proposed mining operation pit area is to be handled or carried. 8. A graphic and written description of mining operations by significant stages. 9. A statement as to whether the application includes a request that manufacturing or processing of any kind be permitted on the site. B. Permit Fees for Mining Operations. An application fee must be paid at the time of the application. In the event the application for a permit is denied, the fee shall be returned to the applicant. In addition to the application fee, each holder of a permit shall pay to the City Clerk-Treasurer a renewal fee, annually on or before January 1. The first renewal fee shall be due on or before the first January 1 which falls after the date on which the application is granted. Application and renewal fees shall be in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. C. Council Action on a Mining Permit Application. Within a reasonable time after receipt of an application that conforms with the requirements of this Subdivision and payment of the application fee, the Council shall a prove or deny issuance of a permit. The Council may approve the permit subject to conditions stated cn the face of the permit, and, in all cases, the time period within which the mining operations are to be completed shall be stated on the face of the permit. Approval, denial, or approval subject to conditions of a permit shall be based upon the following factors: 1. A permit shall only be issued if the mining operation is a permitted use under this Chapter, as — amended, from time to time, or if the mining operation is a proper non-conforming use. 2. Whether, and the extent to which, the mining operation may create any safety risks to surrounding persons and property or exacerbate any existing risk. 3. Whether, and the extent to which, the mining operation may cause any harm to the environment including, but not limited to, noise, dust, erosion, undue destruction of vegetation and accumulation of waste materials or pollutants. 4. Whether adequate plans have been made for restoring the site of the mining operation once the operation has ceased. 5. Whether there is a substantial likelihood that the applicant will be able to comply with the rules and regulations of Subdivision 6 of this Section. D. Duty to Obtain Bond and Liability Insurance Policy Prior to Issuance of Mining Operations Permit. The Council's approval of an issuance of a permit shall be contingent upon the applicant performing the following within 10 days of said approval and prior to commencement of any mining operations or preparations therefore: 1. Applicant shall post a bond or letter of credit in an amount of not less than $100,000.00 in such form and amount as the Council shall determine. The bond shall be for the benefit of the City only. 2. Applicant shall file with the City Clerk-Treasurer a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota. • The policy shall insure the persons conducting the mining operations and the City in the sum of at least $100,000.00 for injury to one person, $300,000.00 for one accident, and at least • 11-69 i • $50,000.00 for property damage, or in such other amounts as the Council shall determine. This policy shall be kept in effect until the termination of a permit granted pursuant to this Section. Source: Ordinance No. 17-90 Effective Date: 5-18-90 Subd. 5. Application for Land Alteration Permit, Fees, Council Action, Bond A. Form of Application. Application for a permit for land alteration shall be made in writing to the Council. The application shall set forth the location and plan for the proposed land alteration. The application shall also include: •• 1. The name and address of the person applying for the permit. 2. The name and address of the owner of land subject to the land alteration. 3. The estimated period of time within which the land alteration will be conducted. 4. A topographic map of the land on which the proposed land alteration is to occur having a scale of one inch equals 50 feet and showing ground elevation contours at two-foot intervals. The map shall show: (a) The land as it exists prior to the proposed land alteration and a minimum of 100 feet of land abutting the land. (b) The proposed ground elevation contours at 2 foot intervals of the land when the land alteration is completed. (c) A regrading, drainage, and planting plan, if appropriate for the land. (d) The location and size of building pads. 5. A statement relating to the proposed use of the land including the type of building or structure situated thereon or contemplated to be built thereon. Source: Ordinance No. 9-87 Effective Date: 5-7-87 6. A tree inventory certified by a registered land surveyor,landscape architect or forester depicting: (a) The size, species, condition and location on the land of all significant trees. On large wooded sites, forest mensuration methods may be used to determine the total diameter inches of trees outside the area of the proposed land alteration. (b) Significant trees which will be lost due to the proposed land alteration. Significant trees shall be considered lost as a result of: (i) grade change or land alteration, whether — temporary or permanent, of greater than one(1)foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's root zone; (ii) utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the root zone; (iii) mechanical injury to the trunk of a significant tree causing loss of more than 40% of the 11-70 bark; or, (iv)compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a significant tree's root zone. (c) The number, type and size of trees required to be replaced pursuant to this Section. (d) The location of the replacement trees. B. Permit Fees for Land Alterations. A fee in an amount determined by the Council and fixed by resolution must be paid at the time of making the application. In the event the application for a permit is denied, the fee shall be returned to the applicant. C. Council Action on a Land Alteration Permit Application. Within a reasonable time after receipt of an application that conforms with the requirements of this Subdivision and payment of the application fee, the Council shall approve or deny issuance of a permit. The Council may approve the permit subject to conditions stated on the face of the permit, and in all cases, the time period within which the land alterations are to be completed shall be stated on the face of the permit. Approval, denial, or approval subject to conditions of a permit shall be based upon the following factors: 1. Whether, and the extent to which, the land alterations may create any safety risks to surrounding persons or property or exacerbate any existing risk. 2. Whether, and the extent to which, the land alterations may cause any harm to the environment including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and accumulation of waste materials and pollutants. 3. Whether the physical characteristics of the land, including but not limited to topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, water storage or retention, are such that the land is not suitable for alteration or the use contemplated. 4. Whether the land alteration or proposed use is likely to cause substantial environmental damage. 5. Whether the land alteration or the proposed use will be detrimental to the health, safety or general welfare of the public. 6. Whether adequate plans have been made for restoring the land upon completion of the land alteration. 7. Whether there is a substantial likelihood that the applicant will be able to comply with the rules and regulations of Subdivision 7 of this Section. 8. Whether the land proposed for the land alteration is zoned for the use to which the land shall be put after the land alteration is completed. 9. Approval or the issuance of a permit for land alteration shall be further subject to and conditioned upon compliance by the Developer with the following: (a) Developer Required to Replace Lost Trees. A Developer shall replace significant live trees lost or reasonably anticipated to be lost as a result of grading,building upon,or any other land alteration of, the land immediately or in the future, by the Developer, his agent, successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees ("replacement trees") determined in accordance with the following formula: 11-71 • A = Total Diameter Inches of Significant Trees Lost as a Result of the Land ` Alteration B = Total Diameter Inches of Significant Trees Situated on the Land _ C = Tree Replacement Constant (1.33) D = Replacement Trees (Number of Caliper Inches) [(A/B) x C] x A = D L" _ EXAMPLE r..11 A = 337 B = 943 C = 1.33 D = 160 [(337/943) x 1.33] x 337 = 160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. (b) Location of Replacement Trees. Replacement trees shall be planted in one or more of the following areas on the land: (1) Restoration areas including steep slopes. (2) Outlots or common areas. (3) Buffer zones between different land uses and/or activities. (4) Project entrance areas. (5) Any other part of the land except any thereof dedicated or conveyed to the City, unless the City consents thereto. (c) Sizes and Types of Replacement Trees. Replacement trees must be no less than the following sizes: (1) Deciduous trees - no less than three caliper inches. (2) Coniferous trees - no less than 7' high. On steep slopes (i.e., greater than 3:1) deciduous trees may be 21/2 caliper inches and coniferous trees may be 6 feet in height. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species shown on the following table: DECIDUOUS TREES LCOMMON NAME BOTANICAL NAME Norway Maple Acer Platanoides 11-72 DECIDUOUS TREES Cultivars Cleveland Red Maple Acer Rubrum Cultivars Northwood, Firedance Silver Queen Maple (seedless) Acer saccharinum 'Silver Queen' Sugar Maple Acer saccharum _ Cultivars Green Mountain River Birch Betula Nigra IHackberry \Celtis Occidentalis Green Ash Fraximus pennsylvanica Cultivars Kindred, Newport, Bergeson, Marshall's Seedless, Patmore, Summit Ginkgo Ginkgo biloba (male only) Honeylocust Glenditsia tricanthos inermis Kentucky Coffeetree Gymnocladus dioicus Ironwood 'Ostrya virginiana Itobusta poplar Poplux x Robusta Siouxland Cottonwood poplus detoides z Siouxland 'White Oak Quercus alba Swamp White Oak Quercus bicolor Pin Oak Quercus palustris Northern Red Oak Quercus rubra American Linden `Tilia americana Littleleaf Linden Tilia cordata cultivars Glenleven, Greenspire — Redmond Linden `Tilia americana 'Redmond' CONIFEROUS TREES COMMON NAME • • • • BOTANICAL NAME • Balsam Fir Abies balsamea White Fir Abies concolor European Larch Larix decidua Black Hills Spruce Picea glauca 'Densata' Austrian pine Pinus nigra Ponderosa Pine Pinus ponderosa Norway Pine Pinus resinosa Scotch Pine Pinus sylvestris White Pine Pinus strobus Douglas Fir Pseudotsuga menuesu Canadian Hemlock `Tsuga canadensis Colorado Spruce Picea pungens (d) Time to Perform. Replacement trees shall be planted not less than 18 months from the date of issuance of the permit. 11-73 rt1=Eli t (e) Missing, Dead or Unhealthy Trees. Any replacement tree which is not alive or healthy i1 one (1) year after the date that the last replacement tree has been planted shall be i removed and a new healthy tree of the same size and species shall be planted in place of : the removed tree. A new healthy tree of the same size and species shall be planted in fl i t t place of any replacement tree missing one(1)year after such date. Planting shall occur 1 not later than the first fall or spring following such year. (f) Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined [ : : by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such wilding trees comply with the following standards. A wilding tree measured in caliper t 1 inches shall not exceed the maximum height as shown in the table below: i . CALIPER INCHES I NANIHUN HEIGHT (FEET) - 1 2 18 2'h 18 3 20 3'h 20 4 24 5 28 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half of the total height of the tree. (Example: a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) Trees planted in place of missing,dead, or unhealthy replacement trees shall consist only of "certified nursery stock" as defined by Minnesota Statutes, Section 18.46. (g) Agreement to Replace Trees - Security. A Developer, prior to the approval of, or issuance of a permit for, any land alteration in connection with which trees are required to be replaced by the provisions of this Section (i)shall enter into such written agreement or agreements with the City in such form and substance as shall be approved by the City Manager whereby the Developer shall undertake to comply with the provisions and conditions imposed by this Section and in connection with any such approval or issuance of a permit and shall further provide that the Developer shall indemnify the City against any loss, cost or expense, including an amount as and for reasonable attorneys' fees incurred in enforcing the terms of such agreement or agreements and (ii) shall provide , - security for the performance of its obligations pursuant to such agreement or agreements. - The security may consist of a bond, letter of credit, cash, or escrow deposit, all in such form and substance as shall be approved by the City Manager. The amount of security shall be 150% of the estimated cost to furnish and plant the ; , replacement trees("estimated cost"). The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the replacement trees. The estimated cost shall be subject to approval by the City. In the -- event the estimated cost submitted by the Developer to the City is not approved by the City, the City shall have the right in its sole discretion to determine the estimated cost. , The security shall be maintained at least for one (1) year after the date that the last • replacement tree has been planted. Upon a showing by the Developer and such inspection as may be made by the City, that portion of the security may be released by the City equal to 150% of the estimated cost of the replacement trees which are alive and healthy at the end of such year. Any portion of the security not entitled to be released 11-74 at the end of such year shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of such year and to replant missing trees. Upon completion of the replanting of such trees, the entire security may be released. Notwithstanding the foregoing, no portion of the security shall be released while there is unsatisfied Developer's obligations to indemnify the City for any expenses incurred in enforcing the terms of the agreement provided for in this subsection (g). (h) The provisions of this Subd. 5. C. 9. shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subd. 23(b). D. Duty to Obtain Bond or Letter of Credit Prior to Issuance of Land Alteration Permit. The Council may make its approval of the issuance of a land alteration permit contingent upon applicant posting a bond or letter of credit in addition to the security for replacement trees of not less than $25,000.00 in such form and amount as the Council 01211 determine within ten (10) days of said approval and prior to commencement of any land alteration. Source: Ordinance No. 17-90 Effective Date: 5-18-90 Subd. 6. Regulations and Requirements for Mining Operations. A. The following regulations and requirements shall govern all mining operations: 1. All reasonable means shall be employed by applicant to reduce dust, noise, and nuisances and to keep the area free of noxious weeds. All internal roads must be paved or effectively dust controlled. 2. Applicant shall change, alter or modify any excavation or operation therein deemed by the Council to be tuncanitary, dangerous, polluted or inimical to the general welfare of the City. 3. No excavation or digging shall be made close to any adjoining road structure that may endanger the support thereof. 4. Applicant shall fence the pit or excavation area so as to protect the public against injury by reason of the mining operation. 5. During the entire period of operation, all excavations, other than the working face, shall be sloped on all sides at a maximum ratio of four to one, unless a steeper slope shall be approved by the City Engineer. 6. No manufacturing or processing of any kind shall be permitted on the site at any time except the crushing of earthly deposits, unless specifically allowed by the permit. 7. Applicant shall not drill or install any well larger than 10 inches on the site without first obtaining approval from the Council in writing. 11-75 i 8. Applicant shall dispose of all waste water used on the site in a manner which will not adversely ; 1 affect adjoining property and shall use stilling ponds or other methods of disposing of suspended solid in the waste water that are satisfactory to the City Engineer. ri 9. Applicant shall provide adequate access roads to and from the site which shall be oiled and improved to the extent of maintaining a dust free surface with proper site distances for traffic safety at each point of access. 10. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of heavy traffic to and from or past the site and at such other times as the City Manager may require. [1 4 11. Applicant shall not permit any other person, firm or corporation or combination thereof to operate said pit, other than hauling to and from the pit, without first obtaining the written consent of the r-, — Council and an appropriate acknowledgment by such others that they will be bound by any conditions stated in the face of the permit and covered by the bond and liability insurance policy required by Subparagraph D of Subdivision 4 of this Section. —1 12. To assure that the mining operation is being conducted in accordance with the conditions stated on the permit and with the requirements of this Subdivision, the City Manager may make, at the expense of the person or firm operating the pi:, those field measurements the City Manager deems necessary to assure that such conditions and requirements are being followed, such work to be done at the direction of the City Manager on an hourly basis at the time charge fixed by the City Manager. ' • Source: City Code Effective Date: 9-17-82 (Prey. Ordinance No. 142 Effective Date: 4-24-70) 13. No operation shall be conducted prior to 7:00 o'clock a.m.,nor after 7:00 o'clock p.m.. Monday • , through Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon good cause being shown, vary these days and hours in writing. Source: Ordinance No. 72-84 Effective Date: 4-5-84 14. The mining operation must be adequately screened from adjacent occupied structures and travel roads prior to opening the site. In the case of an existing operation the applicant may be required to plant suitable fast-growing screening trees. 15. Upon ceasing operations or upon leaving any particular excavation or area in the site or upon terminating or interrupting mining operations for a period of six (6) months or more, applicant shall regrade same and restore top soil, sod, seed and plant materials in accordance with the plan = agreed upon by the Council and operator or owner of the site when the original permit was issued or when renewed. Subd. 7. Regulations and Requirements For All Land Alterations. • L: A. The following regulations and requirements shall govern all land alterations. 1. All reasonable means shall be employed by applicant to reduce dust, noise and nuisances and to keep the area free of noxious weeds. 11-76 t.J 2. Applicant shall change, alter or modify any land alteration deemed by the Council to be the cause of unsanitary, dangerous, or polluted conditions inimical to the general welfare of the City. 3. No land alteration shall be made close to any adjoining road structure as may endanger the support thereof. 4. Applicant shall fence any land alteration area, if necessary to protect the public against injury by reason of the land alteration. 5. During the entire period of the land alteration, any excavation made in conjunction with the land alteration shall be sloped on all sides at a maximum ratio of four to one, unless a steeper slope shall be approved by the City Engineer. 6. To assure that the land alteration is being conducted in accordance with the conditions stated on the permit and with the requirements of this Subdivision, the City Manager may make, at the expense of the person or firm conducting the land alteration, those field measurements the City Manager deems necessary to assure that such conditions and requirements are being followed, such work to be done at the direction of the City Manager on an hourly basis at the time charge fixed by the City Manager. Source: City Code Effective Date: 9-17-82 7. No operations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m., Monday through Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon good cause being shown, vary these days and hours in writing. _ Source: Ordinance No. 72-84 Effective Date: 4-5-84 8. The land alteration must be adequately screened from adjacent occupied structures and travel roads prior to opening the site. In the case of an existing operation the applicant may be required to plant suitable fast-growing screening trees. 9. Upon ceasing operations or upon leaving any particular excavation or area in the site or upon terminating or interrupting land alterations for a period of six (6)months or more, applicant shall regrade same and rt store top soil,sod,seed and plant materials in accordance with the plan agreed upon by the Council and operator or owner of the site when the original permit was issued or when renewed. Source: City Code Effective Date: 9-17-82 10. All new storm water quality facilities shall be designed based on National Urban Runoff Program (NURP) Design Criteria, as follows: (a) A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond, whichever amount is greater. (b) An average permanent pool depth of four (4) to ten (10) feet. (c) A permanent pool length to width ratio of 3:1 or greater. 11-77 • (d) A minimum protective shelf extending ten(10) feet into the permanent pool with a slope of 10:1, beyond which slopes should not exceed 3:1. (e) All storm water quality facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations. 11. Construction site erosion and sediment control shall be mitigated by the following criteria which shall apply only to construction activities that result in runoff leaving the site. (a) Channelized runoff from adjacent areas passing through the site Shall be divereted around disturbed areas, if practical. Otherwise, the channel shall be protected as described as follows. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area shall be diverted around disturbed areas, unless shown to have result in runoff rate of less —- than 0.5 cubic feet/second across the disturbed area for the one(1)year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. — (b) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. (c) Runoff from the entire disturbed area on site shall be controlled by meeting either subsections 1 and 2 or 1 and 3. (1) All disturbed ground left inactive for fourteen (14) or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. (2) For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three (3) feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three (3) feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. (3) For sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along the side slope and down slope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule, and assurances that they will be removed when no longer needed. (d) Any soil or dirt storage piles containing more than twenty-five (25) cubic yards of material should not be located with a down slope drainage length of less than twenty-five (25) feet from the toe of the pile to a roadway or drainage channel. If remaining for more than seven (7) days, they shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles which will be in existence for less than seven (7) days shall be controlled by placing straw bales or silt fence barriers around the pile. Street utility repair or dirt storage piles located closer than twenty-five (25) feet of a roadway or a drainage channel must be covered with tarps or suitable alternative control, 11-78 if exposed for more than seven (7) days, and the storm drain inlets must be protected with straw bale or other appropriate filtering barriers. Source: Ordinance No. 10-94 Effective Date: 5-13-94 Subd. 8. Unlawful Act and Additional Liabilities. It is unlawful for any person to fail to comply with any provision herein, or any condition stated on the face of a permit issued pursuant to this Section. Failure will also subject any person to the following additional liabilities: A. The Council may withhold or revoke any permit proposed or issued pursuant to this Section. B. The Council may, for failure of any person, firm, or corporation to comply, as promptly as same can reasonably be done, proceed to cause such compliance and the cost of such work, shall be taxed against the property where the pit, excavation, impounded waters or land alterations are situated, or the City may, at its option, proceed to collect such costs by an action against the person, firm or corporation to whom such permit has been issued or against the bond filed in accordance with Subdivision 4, Paragraph D, or Subdivision 5, Subparagraph D of this Section. C. Any land alteration or mining operation conducted in violation of this Section or in violation of conditions stated on the face of a permit issued pursuant to this Section is hereby declared to be a public nuisance, and may be abated in a civil action for an injunction brought by the City. (Sections 11.56 through 11.59, inclusive, reserved for future expansion.) SECTION 11.60. SLOPED GROUND DEVELOPMENT AND REGULATIONS. Subd. 1. Findings and Purpose. The City finds that development, excavation, or construction on certain slopes within the City may result in the building of unstable structures, increase dangers or erosion and thereby endanger the natural character of the land, and jeopardize the health, safety, and welfare of the citizens of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Steep Slopes" -Slopes of over 12% and of elevation difference of 30'or more in a given parcel. 2. "Development" - Any excavation in excess of 50 cubic yards of soil or activity which first requires the procurement of a building or land alteration permit from the City. Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes. A. Development on Steep Slopes. No development shall be conducted on a steep slope without first receiving — a permit therefore from the Council. Approval or rejection of the proposed development shall be obtained in the following manner: 1. Application. Prior to any development on a steep slope,an application for a permit shall be made to the City which shall contain a detailed plan for the development which sets forth: (a) The time period during which the proposed development is to take place. (b) The soil types which are found on the site of the development. 11-79 (c) A map showing the topography of the area to be developed. • (d) A map showing any alteration in the topography that would result from the proposed 71 — development. (e) A description of the soil quality in the area to be developed including permeability of the soil, susceptibility of the soil to erosion, drainage of the soil, distance of the soil from underlying bedrock, susceptibility of the soil to changes in physical volume when moistened and/or during periods of frost. (f) Information relative to whether the proposed development will cause and/or be affected by any erosion problems. (g) A description of any disturbance to vegetation and other natural features that will result from the development plus the manner in which the applicant proposes to protect vegetation and other natural features that will not be disturbed. r--, (h) A copy of all specifications, blueprints and other detailed plans for the development. e� (i) Information relative to the adequacy for the slope conditions and soil type of the foundation and underlying material of any structure, including roads. 4 ; _ (j) Information relative to the adequacy of controls and protection existing uphill from the i111 proposed development which are designed to guard structures or roads from being • affected by mud, uprooted trees or other materials. ' (k) Information relative to the adequacy of construction of any retaining walls in excess of 30 feet. — (1) Such other information as the Planning Commission shall request from the applicant either prior or subsequent to the initial review of the proposed development by the i:. Planning Commission. • 2. The Planning Commission and the Parks, Recreation and Natural Resources Commission shall review and make a recommendation to the Council as to whether the permit should be issued or • • denied. r 3. The Council may then authorize or deny issuance of the permit. 4. The review by the Planning Commission and the final decision by the Council shall be based on r-' consideration of the following factors: L (a) Whether the application is complete, accurate and in all respects conforms with Item 1 MIR of this Subparagraph A. 1 (b) Whether, and the degree to which, the proposed development will cause and/or be affected by erosion problems. ' • (c) Whether any structures erected as part of the development will have adequate foundations and underlying material. t ' 11-80 - : • (d) Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the land. (e) Any other factors relating to whether the proposed development will cause any risk or harm to any persons, property or animals. 5. If the Council decides to authorize issuance of a permit, it may do so subject to compliance with reasonable conditions which shall be specifically set forth in the permit. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation or other natural features, establish required monitoring procedures and maintenance activity, stage the work over time, require the alteration of the site design to ensure buffering, or require a performance bond. 6. An applicant shall begin the work authorized within 60 days from the date of authorization of the issuance of the permit unless a different date for the commencement of the work is designed by the Council. The applicant shall complete the work authorized within the time limit specified herein, the permit shall become void; provided, however, that if prior to the date established for commencement of the work, the applicant makes written request to the Council for an extension of time to commence the work setting forth the reasons for the required extension, the Council may grant such extension. 7. Notice of Completion. An applicant shall notify the Council in writing when he has finished the work. No work shall be deemed to have been completed until approved in writing by the City Engineer following such written notification. B. General Provisions. 1. Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the City or its officers or employees for injury or damage to persons or property. An approval of an application issued pursuant to this Section shall not relieve the applicant of the responsibility of complying with any other requirement established by law, regulation or City Code provision. (Sections 11.61 through 11.64, inclusive, reserved for future expansion.) SECTION 11.65. HOME OCCUPATION. Subd. 1. Required Conditions. It is unlawful to conduct a home occupation except in the R, R-1 and RM Districts,and it is also unlawful to conduct a home occupation except in compliance with the following regulations: A. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. B. A home occupation shall not be conducted in an accessory structure, and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling. Source: City Code Effective Date: 9-17-82 11-81 n . h• f � C. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the 1 ! existence of a home occupation shall not be apparent beyond the boundaries of the site, except for a name plate not to exceed 1 square foot. s D. This occupation shall be carried on or conducted only by members of a family residing in the dwelling and ' no more than one non-resident of the dwelling. Source: Ordinance No. 9-87 Effective Date: 5-7-87 L E. No motor shall exceed one horse power. F. A home occupation shall not create any radio or television interference or create noise audible beyond the ,, :.. boundaries of the site. G. No smoke, odor, liquid, or solid waste shall be emitted. n H. Not more than one truck of not more than 3/4 ton capacity and no semi-trailers incidental to a home j occupation shall be kept on the site. •q — A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. SECTION 11.66. FAMILY CARE HOMES. Subd. 1. Objectives. To provide a high quality of residential opportunities for all people. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Family" - A family shall consist of not more than six unrelated adults or children who are residing in a "Family Care Home: under the trained supervision of two or more adults whose expressed purpose is to create a family home environment. A "Family Care Home" shall be ' licensed by the State of Minnesota, Federal Government, or other governmental licensing agencies, and meet all required conditions of this Section. 2. "Family Care Home" - A residential structure typical of those in the neighborhood having a maximum of six residents needing the adult care and supervision of a "Supervised Residential Program" or "Social Rehabilitation Program" plus a minimum of two or more adults who operate . the dwelling unit as a family home. The "Family Care Home" typically may be a single family detached dwelling, attached townhouse, rental or owned apartment, or similar unit to those of the r immediate neighborhood where it is located. The unit must be acceptable to the licensing requirements of the State of Minnesota, Federal Government or other governmental licensing -– agency and meet the requirements of the State Building Code. 3. "Family Care Home Ratio" -The percentage produced by dividing the number of"Family Care I Home" units existing and proposed by the total units in the neighborhood as defined on the Neighborhood Sector Map adopted by the Council where the "Family Care Home" is proposed. 1 ft 4. "Supervised Residential Programs" - Programs which provide the supervised care in a family home environment for a permanent or temporary residency for those adults and children(referred1 by medical or trained counselors) who are in need of supervised care. Supervised Residential 11-82 I Programs are exclusively for individuals with these disabilities: (a)mentally retarded; (b)mentally ill; (c) physically handicapped; (d)elderly. A Supervised Residential Program shall be licensed by the State of Minnesota, Federal Government or other governmental licensing agencies. 5. -Social Rehabilitation Programs" - Programs which provide supervised care and rehabilitation services in a family home environment to individuals who have demonstrated behavior patterns not consistent with society's norms and laws. Residents in the program shall be referred by medical experts, courts, or trained counselors as the individuals who will benefit from the rehabilitation programs and family home environment. The following programs providing supervised care and rehabilitation opportunities to adults and children with the following problems are included in Social Rehabilitation Programs: (a)chemical dependency including alcoholism; (b) juvenile delinquency;(c)runaway children;(d)women's emergency residential program;(e)single parent residential program. A Social Rehabilitation Program shall be licensed by the State of Minnesota, Federal Government, or other governmental agencies. Subd. 3. Additional Purposes. The following purposes are in addition to the Purposes of the Rural District, R-1 Single Family Residential District, and RM Multiple Family Residential District: A. To provide opportunities for individuals participating in Supervised Residential Programs and Social Rehabilitation Programs to share with others the benefits or normal residential surroundings consistent with the requirements of the zoning category where the Family Care Home is located, who should not be excluded therefrom because of their disabilities or rehabilitation treatment. B. To provide Family Care Home opportunities on a dispersed site basis in the community and prevent concentrations of such specialty housing in any neighborhood defined on the Neighborhood Sector Map. Subd. 4. Additional Purposes. A. The following permitted uses are in addition to the Permitted Uses of the Rural District and the R-1 Single Family Residential District: 1. Single family detached dwelling units used for a Family Care Home by a Supervised Residential Program which meet all the requirements established in Subdivision 5 of this Section. 2. Single family detached dwelling units used for a Family Care Home by a Social Rehabilitation Program which meet all the requirements established in Subdivision 5 of this Section. B. The following permitted uses are in addition to the Permitted Uses of the RM Multiple Family Residential District: 1. Multiple family residential dwelling units used for a Family Care Home by a Supervised _ Residential Program which meet all the requirements established in Subdivision 5 of this Section. 2. Multiple family residential attached dwelling units for Family Care Home by a Social Rehabilitation Program which meet all the requirements established in Subdivision 5 of this Section. 11-83 ' l t-. Subd. 5. Family Care Home Requirements in Addition to Those Set Forth in Section 11.03 Relating to the i Rural, R-1 and RM Districts. A. Family Care Homes for Supervised Residential Programs shall be given an occupancy permit by the City Manager or his designate if these conditions are achieved: 1. Certified written proof of State, Federal, and other governmental licensing agency approval. P 2. That any building modifications to the existing structure or the design of a new structure will be `� • compatible with surrounding units in size and visual character. ' 3. Detailed descriptions of the proposed program including but not limited to: (a) Number, training and experience of supervisory personnel. (b) Number and experience of supporting personnel, i.e. counselors,physical therapists,etc. (c) Transportation, shopping and special service needs. - (d) Outside home activities, requiring written agreements with community resources providing programs required by license regulations: (1) With school districts to provide education classes for children ages 5 to 21. (2) With day activity centers, work activity centers, vocational rehabilitation facilities, etc., to provide formal programs to adults and young people. (3) With community churches and synagogues to provide religious education and . services, etc. (4) With recreation programs such as parks, United Fund Agencies, YMCA, etc., to provide opportunities for recreation and leisure time activities. 4. An affirmative plan for community involvement including but not limited to: (a) Advisory Board as required by Minnesota Licensing Rule 34 which represents ry professions,home residents, and/or parents of home residents, and concerned community members. (b) Community Based Services Board whose purpose is to assist all Supervised Residential - programs or Social Rehabilitation Programs by providing a conduit for resolving problems and integrating the homes into the community. Such Board shall be created by the Council. 5. That the Family Care Home Ratio shall not exceed 3% of the total dwelling units of the neighborhood defined on the Neighborhood Sector Map where the proposed Family Care Home is to be located. 6. That the proposed Family Care Home is not to be located closer than 500 feet from any other Family Care Home whether in the same neighborhood or an adjacent neighborhood as defined on the Neighborhood Sector Map. 11-84 B. Family Care Home for Social Rehabilitation Programs shall be reviewed by the City Manager or his designate and a report submitted to the Council for their consideration at a regularly scheduled Council meeting. 1. In reviewing the application for Social Rehabilitation Programs the Council shall: (a) Give written notice to all residents within the Neighborhood Sector of the proposed site at least 10 days prior to the Council meeting. (b) Consider the six requirements of Subparagraph A above applicable to Family Care Homes for Supervised Residential Programs. (c) Consider the objectives of this Section. (d) Consider all standards and requirements of the Rural District, R-1 One Family Residential District, and RM Multiple Family Residential District, whichever is applicable. — (e) Consider the health, safety and general welfare of the neighborhood as defined on the Neighborhood Sector Map in which the Family Care Home is located. (f) Consider the health, safety and general welfare of the citizens of the City. 2. The Council shall base its decision upon these considerations and shall draft a resolution approving or rejecting the application for a Family Care Home for Social Rehabilitation Programs for specified reasons. The resolution must be passed by a majority of the Council. Source: Ordinance No. 18-82 Effective Date: 9-17-82 (Sections 11.67 through 11.69, inclusive, reserved for future expansion.) SECTION 11.70. SIGN PERMITS. Subd. 1. Purpose and Intent. The purpose of this Section is to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section: while at the same time assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Accessory Sign" - An identification sign relating in its subject matter to or which directs attention to, a business or profession, or to the commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is attached. 2. "Address Sign" - Postal identification numbers and/or name, whether written or in numeric form. 11-85 • 3. "Area Identification Sign" - A free-standing sign located at an entranceway to a residential development identifying such development having a common identity when said sign is located upon the premises which it identifies. 4. "Banners and "Pennants" - Attention-getting devices which resemble flags. Source: City Code r' Effective Date: 9-17-82 5. "Canopy and Marquee" - A rooflike structure projecting over the entrance to a building. • ' Source: Ordinance No. 18-91 Effective Date: 8-23-91 6. "Directional Sign" - A sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. Such signs bear no advertising information. r- lI Source: City Code I ; Effective Date: 9-17-82 7. "Directional Signs for Churches, Schools, or Publicly Owned Land or Buildings" -A sign which bears the address and/or name of a church, school, or publicly owned land or building and a directional arrow pointing to said location. Source: Ordinance No. 37-83 Effective Date: 9-30-83 i , 8. "Free-standing Sign" -A pylon or monument sign which is placed in the ground and not affixed to any part F'"" of any structure. 1.- Source: Ordinance No. 18-91 Effective Date: 8-23-91 r •� 9. "Garage Sale Sign" - A sign which identifies a sale of household items. L Source: Ordinance No. 31-94 Effective Date: 9-16-94 10. "Height" -The distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. 11. "Illuminated Sign" - Any sign which is illuminated by an artificial light source. 12. "Institutional Sign` -Any accessory sign which identifies the name and other characteristics of a public or private institution, such as convalescent, nursing, rest, boarding care home or day care center. Source: City Code Effective Date: 9-17-82 13. "Menu Board Sign" - Any sign which has a message related to the site's food service and the copy is manually changed. 14. "Motion Sign" - Any sign which revolves, rotates or has any moving parts or message. 11-86 Source: Ordinance No. 18-91 Effective Date: 8-23-91 15. "Multi-tenant" - Structures containing two or more businesses, uses or occupants. 16. "Nameplace or Identification Sign" - An accessory sign which bears only a name and/or address. _ 17. "Neighborhood/Sector Sign" - A free standing sign which identifies by name, the section of the City designated on the official sector map. • 18. "Newspaper Receptacle" - A box or container intended for the temporary storage of newspapers or magazines prior to delivery. 19. "Newspaper Vending Machines" -A coin-operated machine from which newspapers are sold to the general public. 20. "Non-Accessory Sign" or "Advertising Sign" - A sign relating in its subject matter to, or which directs attention to, a business or profession, or to the commodity, service or entertainment not sold or offered upon the premises where such sign is located, or to which it is attached. 21. "Non-conforming Sign" -A sign which lawfully existed immediately prior to the adoption of this Section, but does not conform to the newly enacted requirements of this Section. Source: City Code Effective Date: 9-17-82 22. "Off-Site Direction Sign" - a sign erected for the purpose of directing traffic to a residential area. 23. "Open House Sign" - A sign which identifies a dwelling which is available for viewing by the public. Source: Ordinance No. 31-94 Effective Date: 9-16-94 24. "Parapet Wall" -An architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. 25. "Permanent Sign" - Any sign which is not a temporary sign. Source: City Code Effective Date: 9-17-82 26. "Planned Unit Development Area Identification Sign" -A free-standing sign located at an entrance way to a Planned Unit Development identifying a Planned Unit Development land development having a common identity when said sign is located upon the premises which it identifies. A PUD area identification sign may not identify a tenant or tenants. Source: Ordinance No. 18-91 Effective Date: 8-23-91 (Prey. Ordinance No. 261 Effective Date: 10-25-74) 11-87 i • 27. "Portable Sign" - A sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure. r-� 28. "Projecting Sign" -Any sign attached to a building, all or part of which extends more than 12 inches over public property, easements, or private pedestrian space, or which extends more than 12 inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Source: City Code Effective Date: 9-17-82 29. "Readerboard Sign" -Any sign having a message not permanently affixed to the sign face, and the copy is manually changed. Source: Ordinance No. 18-91 n Effective Date: 8-23-91 30. "Religious Symbols" - Pictures, designs, sculptures, or similar objects that stand for or suggest religious faith, ideas, or qualities. Source: Ordinance No. 37-83 • Effective Date: 9-30-83 31. "Roof Sign" - Any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Source: Ordinance No. 114-84 Effective Date: 11-1-84 32. "Shielded Light Source" -Means that all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Direct illuminated signs must be shielded with a translucent material _ of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. 33. "Sign" -Any letter, word or symbol, device, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures which is displayed for informational or communicative purposes. 34. "Sign Area" -That area which is included in the smallest rectangle which can be made to circumscribe the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing and does not include vertical structural members below the sign face. - Source: City Code Effective Date: 9-17-82 35. "Sign Base" -The sign base of a sign shall be any supportive structure below or surrounding the sign area which has location on the ground. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source: Ordinance No. 9-87 Effective Date: 5-7-87 36. "Signage Program" - Any application for approval of construction or display of one or more signs under this Section. 11-88 37. "Sitting Facility Sign" -A sign which is affixed to a seating facility or enclosure at a transit facility stop. Source: City Code Effective Date: 9-17-82 38. 'Street Frontage' -The abutting of a parcel of land to one or more streets, An interior lot has one street frontage, and a corner lot has two such frontages. Each allowed sign must relate to the street frontage generating the allowance. Source: Ordinance No. 18-91 Effective Date: 8-23-91 39. 'Temporary Sign' - A sign which is erected or displayed for a limited period of time. 40. "Traffic Sign' - A sign which is erected by a governmental unit for the purpose of regulating, directing or guiding traffic. Source: City Code Effective Date: 9-17-82 41. "Wall Area" - Is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Source: Ordinance No. 114-84 Effective Date: 11-1-84 42. "Wall Sign" - Any sign which is affixed to a wall of any building. Definition section amended and renumbered: Source: Ordinance No. 31-94 Effective Date: 9-16-94 Subd. 3. General Provisions Applicable to All Districts. Source: City Code Effective Date: 9-17-82 A. Prohibitions. 1. Non-accessory signs are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Source: Ordinance No. 2-95 Effective Date: 2-17-95 (Prey. Ordinance No. 105-84 Effective Date: 9-20-84) 2. Accessory signs are prohibited in all districts, except as authorized by this Section. B. All signs shall be constructed in such a manager and of such material that they shall be safe and substantial, provided that nothing in this Section shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building provisions of the City Code. All signs must be maintained in a safe non-deteriorating manner. Cracked, broken or bent,glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be repaired, replaced, or removed. Source: City Code Effective Date: 9-17-82 11-89 iF� C. No illuminated sign which changes in either color or intensity of light,flashes, scrolls,or is animated shall S be permitted except one giving time,date, temperature, weather or similar public service information. The City Manager, or the City Manager's designee, in granting permits for such signs shall specify the hours r during which same may be kept lighted when necessary to prevent the creation of a nuisance. Such signs shall have a shielded light source and concealed wiring and conduit and shall not interfere with traffic signals. Said signs shall not exceed 50 square feet in size. Only one such sign shall be permitted per lot. Said signs shall conform to the district regulations contained herein. Source: Ordinance No. 1-90 Effective Date: 2-1-90 D. No sign other than governmental signs shall be erected or temporarily placed within any street right-of-way, or upon any public easement. -,- E. A permit for a sign to be located within 50 feet of any street or highway regulatory or warning sign, or of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if: _ _ I. The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk, and, • 2. The sign will not distract drivers, nor offer any confusion to any street or highway sign, or any traffic sign or signal, and, 3. The sign will not obstruct the clear visibility for sign of traffic and/or pedestrian movement. F. Roof signs are prohibited in all districts. Source: City Code Effective Date: 9-17-82 G. Air inflated devices, banners, pennants and whirling devices, or any such sign resembling the same, are prohibited from use within the City except when used in conjunction with grand openings (the initial commencement of business). In the case of grand openings, air inflated devices, banners and pennants shall be allowed for the week or part thereof, of said grand openings. Air inflated devices may not be attached to or placed on the building and may not exceed the building height permitted by Code. On the Monday following such opening, all such displays shall be removed. H. Campaign signs posted by a bona fide candidate for political office or by a person or group promoting a political issue, or a political candidate, may be placed in any district provided that only one sign per political issue, political candidate, per housing unit is allowed. Signs may be placed in any district. These signs may be placed from August 1 and shall be removed within ten (10) days after the election. Source: Ordinance No. 18-91 Effective Date: 8-23-91 One temporary identification sign may be installed upon any construction site in any district denoting the name of the project, architect, engineer, contractor, subcontractor and suppliers, provided such sign does not exceed 32 square feet in area and ten feet in height. Such signs shall be removed upon completion of construction, or the occupancy of the building, whichever occurs first. Source: City Code Effective Date: 9-17-82 _- 11-90 J. Temporary project signs. — t 1. For the purposes of this item J. "project" is defined as land (a) encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code, or (b) for which approval has been given by the Council of a Site Plan and Architectural Design pursuant to City Code Section 11.03, Subd. 6 within which two (2)or more dwellings are permitted in accordance with such approval. For purposes of this subparagraph J. no further or subsequent subdivision, platting, replotting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project shall operate to create an additional project or projects within that land or any part thereof. 2. Temporary signs may be erected within a project for the purpose of selling or leasing the dwellings contained therein provided: (a) A sign shall not exceed 32 square feet in area. • (b) Not more than one (1) sign for a project may be erected. (c) All signs shall be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-site directional signs may be erected for the purpose of selling or leasing the dwellings in a project in accordance with the following limitations: — (a) Not more than the following number of signs may be erected for projects containing the • following number of acres or dwelling units, whichever is greater: — Number of Acres or Number •• Dwellings in a Project of (whichever is greater) Signs 2 - 10 6 11 or more 12 (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday. (c) Signs shall not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. • • (d) Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one(1)sign per project shall be installed upon a lot, registered land tract, or parcel (described by metes and bounds) of land. 11-91 (f) Each sign shall include the name and telephone number of the owner of the sign. 1 (g) Signs may not be placed more than (2) miles from the project. f� I (h) Signs for annual metro-wide events, such as the Parade of Homes, may be used for the duration of the event.' — K. Temporary Single Property Signs. 1. For purposes of this subparagraph K. a 'single property" is defined as a single lot. Registered Il • • Land Survey tract or parcel (described by metes and bounds)of land with or without one or more I buildings erected thereon or(b)an individual condominium. A lot, Registered Land Survey tract or parcel (described by metes and bounds)within a project as defined in subparagraph J. shall not constitute a single property with respect to the first sale of each building or condominium situated on the lot, Registered Land Survey tract or parcel, but shall be deemed a single property with respect to sales, after the first sale of each such building or condominium thereon. 2. Temporary signs may be erected on a single property for the purpose of selling or leasing the single property on which it is situated, in accordance with the following limitations: (a) A sign shall not exceed (i) six (6) square feet for a single property (A) on which is situated a dwelling or(B)which is vacant and located within the One-Family Residential District or the Rural District, (C) on which a structure or structures situated thereon are 90% or more, but less than 100%, occupied (as measured by floor area), or (ii) 32 square feet for a single property (other than that described in(i)hereof) (A) on which a structure or structures situated thereon are less than 90% occupied (as measured by floor .." area) or (B) is vacant. (b) Not more than one sign for a single property may be erected. ; • (c) A sign shall be removed within seven (7) days following the lease or sale of the single Property. 3. Temporary off-site directional signs may be erected for the purpose of selling or leasing a single + • property in accordance with the following limitations: Mel r I (a) No more than two (2) off-site directional signs may be erected for the sale or lease of a single property. • (t (b) Signs may be erected only from 10:00 p.m. Friday to 6:00 a.m. Monday. L (c) Signs shall not exceed six(6)square feet in size and shall not be higher than four(4) feet ding above the ground. i . (d) Signs may be placed on land only with the owners permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and shall not interfere with traffic visibility. (e) Only one sign for a single property may be installed upon a lot, Registered Land Survey � • tract, or parcel (as measured by metes and bounds) of land. 11-92 (f) Each sign shall include the name and telephone number of the owner of the sign. (g) Signs may not be placed more than two (2) miles from the project. _ f Source: Ordinance No. 31-94 Effective Date: 9-16-94 - L. One United States flag, one Minnesota flag, one educational, civic or religious flag may be displayed upon a lot. Each flagmaynot exceed 100square feet in size. Flagpole height must comply with height regulations contained in Section 11.03, Subdivision 3.F of the City Code. Source: Ordinance No. 18-91 Effective Date: 8-23-91 - M. The total sign area of any multi-faced free-standing sign shall not exceed twice the permitted area of a single faced sign. Source: City Code Effective Date: 9-17-82 N. A directional sign shall not exceed 6 square feet in area. The total of all directional signs upon a site shall not exceed 36 square feet. Source: Ordinance No. 18-91 Effective Date: 8-23-91 O. Motion signs are prohibited in all districts. Source: City Code Effective Date: 9-17-82 - P. No portable signs shall be permitted. Source: Ordinance No. 18-91 Effective Date: 8-23-91 • Q. Projecting signs are prohibited in all districts. Source: City Code Effective Date: 9-17-82 R. Address signs shall not exceed six square feet for residential and forty square feet for non-residential. One sign shall be required per building. One additional sign is allowed per street frontage in excess of one street frontage. Source: Ordinance No. 18-91 Effective Date: 8-23-91 S. Sitting facility signs noting the transit operator or service shall be permitted only at transit stops. _ Source: Ordinance No. 18-91 Effective Date: 8-23-91 11-93 (Prey. Ordinance No. 18-82 ti Effective Date: 9-17-82) r--i - T. Directional signs for churches, schools, or publicly owned land or buildings shall be allowed as permitted by Subdivision 4 hereof. Source: Ordinance No. 37-83 Effective Date: 9-30-83 ` U. Canopies, marquees and parapet walls shall be considered to be an integral part of the structure to which they are accessory. Signs, if accessory, may be attached to a canopy, marquee or parapet wall, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. r-=- V. Signs which are located on the interior of a building and are not visible from outside of said building shall be exempt from the provisions of this Section, and shall not require permits or payment of fees. W. No sign shall be attached to any tree or vegetation or utility pole. Source: City Code Effective Date: 9-17-82 X. Double faced signs shall be placed back to back with not more than 18" between facings. j _ Source: Ordinance No. 1-90 Effective Date: 2-1-90 Y. Two (2) temporary directional garage sale signs, not to exceed six (6) square feet shall be allowed in a residential district one(1)day prior to the sale, and shall be removed one (1) day after the sale, but in any event shall not exceed five (5) days. One (1) garage sale sign not to exceed six (6) square feet shall be allowed on the garage sale site. Source: Ordinance No. 31-94 Effective Date: 9-16-94 Z. Sign Removal. When any sign or the message portion of any sign was or shall be caused to be removed by the City Manager or a designee, sign owner or property owner, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc., shall also be removed. The permittee, or owner of premises, or possessor of premises, or the owner of the sign shall be jointly and severally responsible for sign removal. Source: Ordinance No. 18-91 Effective Date: 8-23-91 AA. Sign permits will not be issued for any sign bearing misleading or false information, or information inconsistent with zoning and/or land use. BB. Newspaper receptacles shall not display advertising legends or be obtrusive in color. Source: City Code Effective Date: 9-17-82 CC. A Planned Unit Development must be 15 or more acres and contain at least 3 contiguous lots to support an Area Identification Sign. 11-94 DD. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source: Ordinance No. 9-87 Effective Date: 5-7-87 EE. Temporary Help Wanted Sign. One temporary help wanted sign per lot for the purpose of hiring persons to work on the property shall be permitted on the property provided such signs do not exceed 32 square feet and is removed within 14 days. Source: Ordinance No. 1-90 Effective Date: 2-1-90 FF. Readerboard Sign. Such signs may be used within a District's permitted sign area. GG. Menu Board Sign. One menu board sign per restaurant use with a drive-thru facility. Such sign shall not exceed 32 square feet in size nor greater than eight feet in height. Such sign is in addition to the free- standing or wall sign in the District. Source: Ordinance No. 18-91 Effective Date: 8-23-91 HH. Temporary Outdoor Display Area Sign. Where temporary outdoor display areas are permitted one(1)sign not to exceed thirty-two(32) square feet in area and six(6) feet in height may be located on the same site as the outdoor display area and is limited in time to less than sixty (60) days. The sign may not appear before the commencement of the outdoor display area and must be removed concurrently with the outdoor display area. Source: Ordinance No. 50-94 Effective Date: 1-6-95 Subd. 4. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district, and shall be regulated as to size, location and character according to the requirements herein set forth. Source: City Code Effective Date: 9-17-82 A. Residential Districts R, R-1, RM: Source: Ordinance No. 18-91 Effective Date: 8-23-91 (Prey. Ordinance No. 72-84 Effective Date: 4-05-84) 1. Identification Signs. One identification sign or symbol per building not greater than six square feet in area, provided such sign is attached flat against a wall of a building. Source: City Code Effective Date: 9-17-82 2. Area Identification Signs. One area identification sign per development, per street entrance, providing such sign does not exceed 32 square feet in area. 11-95 3. Sign Setback. Signs shall be placed no closer than ten feet to any street right-of--way line. I1 Source: Ordinance No. 18-91 `-' Effective Date: 8-23-91 , 4. Maximum Height of Free-Standing Signs: Six feet. . 5. Sign Base. (Refer to Subdivision 3, Subparagraph DD). 6. Institutional Signs. One sign per street frontage identifying an institution or an institutional complex shall be permitted within a multiple residential district. Such sign shall not exceed 24 square feet in area. Source: City Code ' — Effective Date: 9-17-82 7. Temporary Signs. Shall be permitted only as permitted in Subdivision 3. - - 8. Directional Signs: (Refer to Subdivision 3). 9. Review Process: The signage program will be reviewed and approved by the City Manager, or the City Manager's designee. Source: Ordinance No. 9-87 Effective Date: 5-7-87 (Prey. Ordinance No. 72-84 Effective Date: 4-5-84) B. Commercial Districts: N-Corn, C-Corn, C-Hwy, C-Reg-Ser, C-Reg. Source: Ordinance No. 72-84 Effective Date: 4-5-84 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. b. Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted along one frontage. Additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. Furthermore, in no case shall any free- standing sign be closer than 300 feet to any other free-standing sign upon a building site. The distance between signs is to be measured from the edge of a sign face via a straight line. Menuboards and directional signs are exempt from this requirement. c. A Planned Unit Development Area Ident'fication Sign shall be permitted according to Subdivision 3,Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free-standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. 11-96 e. Setback: No sign shall be placed closer than 20 feet to any street right-of-way. Where parking occurs within ih the required front yard setback, no sign shall be placed closer than 15 feet to any street right-of-way. f. Height: Maximum height of free-standing signs shall not exceed 20 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: a. The total area of a wall sign on any wall of a single tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. b. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building shall not exceed 15% of the wall area of that wall when said wall area does not exceed 500 square feet. When said surface area exceeds 500 square feet, then the total area of such wall sign shall not exceed 75 square feet plus 5% of the wall area in excess of 500 square feet. c. Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Sign Design: Signs for a multi-tenant building shall be located on the building in an uniform manner or within an architectural sign band area. 4. Temporary product sale, stamp and game signs: These signs may occupy the remainder of the area not utilized for the permanent sign, provided the total area of all permanent and temporary signs shall not exceed eight square feet for one sign and fifty square feet for each sign in excess of one. 5. Pump Signs: Lettering or symbols which are an integral part of the design of a gasoline pump and not mounted above the pump body shall be permitted. 6. Restroom Signs: Signs indicating the location of restrooms and containing no advertising information shall be permitted. Sign shall not exceed three square feet. 7. Temporary Signs: (Refer to Subdivision 3). 8. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 9. Menu Board: (Refer to Subdivision 3, Subparagraph GG). 11-97 10. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or the City Manager's designee. Source: Ordinance No. 18-91 Effective Date: 8-23-91 ' (Prey. Ordinance No. 9-87 Effective Date: 5-7-87) C. Office District 1. Free-standing Signs: a. A building site having one street frontage may have one free-standing sign not to exceed 50 square feet. b. Where a building site has two or more frontages, one free-standing 50 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing . . sign not to exceed 36 square feet. c. A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. In no case shall a frontage have more than one sign, either a free-standing sign or PUD identification sign. d. Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. e. Setback: No sign shall be placed closer than 10 feet to any street right-of-way. f. Height: Maximum height of free-standing signs shall not exceed 8 feet. g. Sign Base: (Refer to Subdivision 3, Subparagraph DD). - Source: Ordinance No. 18-91 Effective Date: 8-23-91 2. Wall Signs: . . (Prey. Ordinance No. 9-87 Effective Date: 5-7-87) (a) One building identification sign per wall per street frontage not to exceed 50 square feet is permitted. (b) One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 30 square feet is permitted. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 11-98 4. Directional Signs: (Refer to Subdivision 3, Subparagraph N). Source: City Code Effective Date: 9-17-82 5. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or a designee. Source: Ordinance No. 9-87 Effective Date: 5-7-87 D. Industrial District: I-2, I-5, I-GEN: 1. Free-standing Signs: (a) A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. (b) Where a building site has two or more frontages, one free-standing 80 square foot sign shall be permitted, and the additional frontages may each be permitted a free-standing sign not to exceed 50 square feet. (c) A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free-standing sign or PUD identification sign. (d) Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. (e) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (f) Height: Maximum height of free-standing signs shall not exceed 8 feet. (g) Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: (a) One building identification sign per wall per street frontage not to exceed 80 square feet is permitted. (b) One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 10% of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of 50 square feet. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. 3. Temporary Signs: (Refer to Subdivision 3). 4. Directional Signs: (Refer to Subdivision 3, Subparagraph N). 11-99 5. Sign Design: All signs shall be uniform in design and color and placement. 1 6. Address: Address signs may be placed on rear door with three inch high numerals. r--- Source: Ordinance No. 18-91 Effective Date: 8-23-91 .� 7. Review Process: In addition to specific requirements set forth for each district, the entire sign program must be reviewed and approved by the City Manager or a designee. — Source: Ordinance No. 18-91 Effective Date: 8-23-91 (Prey. Ordinance No. 9-87 Effective Date: 5-7-87) E. Planned Unit Development (PUD): With multiple uses and 15 acre minimum. 1. That the developer submit after approval of the P.U.D., a schematic plan for informational, directional and advertising signage, explaining and illustrating: (a) Purpose of signage program and each sign. (b) Location - rezoning for plan. (c) Size -research data must be provided to prove to the City the need for signs larger than those normally allowed within this Section. (d) Design. (e) Material - color, texture, durability, type. (f) Information Needed - during sales programs. — (g) Final use or removal of signs. (h) Maintenance responsibilities and legal commitments. (i) Site and landscape plans which depict the design of the area surrounding the structure. 2. The signage program may include, but shall not be limited to: (a) Sector identification signs if approved by the Council. (b) Neighborhood markers which appear at the entrance to established neighborhood developments. (c) Area/project identification signs marking housing, commercial, institutional and public mini-neighborhoods or clusters. (d) Individualized building name or number signs shall be allowed in accord with this Section, or as an approved element of architectural design. 11-100 F. Public District. 1. Free-standing Signs: (a) One free-standing sign for each building, lot, parcel, or tract of land may be erected on the lot parcel, or tract of land it applies or on which any such building is situated. _ Source: City Code Effective Date: 9-17-82 (b) The total area of a freestanding sign shall not exceed 80 square feet. Religious symbols shall not be considered part of the free-standing sign area. (c) A Planned Unit Development Area Identification Sign shall be permitted according to Subdivision 3, Paragraph CC. One sign per street frontage is allowed provided the total area of such sign shall not exceed 80 square feet. In no case shall a frontage have more than one sign, either a free-standing sign or an area identification sign. (d) Readerboard Signs: Readerboard signs may occupy the sign area permitted for free- standing signs. (e) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (f) Height: Maximum height of free-standing signs shall not exceed 8 feet. (g) Sign Base: (Refer to Subdivision 3, Subparagraph DD). 2. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All wall signs shall be uniform in design. Religious symbols shall not be considered part of the wall sign area. 3. Off-site Directional Signs: Two additional church, school, or publicly owned land or building directional signs shall be permitted in locations other than the lot, parcel, or tract of land which it applies. Said signs shall be erected on non-public land, or if the sign is one owned by a public body, such directional sign may be erected upon publicly owned property provided: (a) The maximum size of the sign shall not exceed 3 square feet. (b) The owner's permission must be obtained. (c) The sign shall be a minimum height of 4 feet, maximum height of 6 feet. (d) Signs shall be uniform in design. 4. Sign Program: The signage program will be reviewed by the Director of Planning. 5. Temporary Signs: Temporary special event signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. 11-101 I... f 1 .1 n-• — 6. Directional Signs: Directional signs to churches, schools, or publicly owned land or buildings in I I existence on the effective date of this Section or amendments thereto, which do not conform to these regulations, shall be allowed to continue in use as provided in Section 11.75. Source: Ordinance No. 18-91 t Effective Date: 8-23-91 - f (Prey. Ordinance No. 37-83 Li Effective Date: 9-30-83) 7. Sign Base: (Refer to Subdivision 3, Subparagraph DD). ` ? t2 Source: Ordinance No. 18-91 ,.— Effective Date: 8-23-91 • (Prey. Ordinance No. 9-87 _ Effective Date: 5-7-87) Airport District. 1. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. (a) Walls not facing runway: The total area of all wall signs on any wall of a building shall not exceed 15% of the wall area when the wall area does not exceed 500 square feet. When the wall areas exceeds 500 square feet, the total area of a wall sign shall not exceed 75 square feet, plus 5% of the wall area in excess of 500 square feet, provided that the maximum sign area for any wall sign shall be 300 square feet. Wall area shall be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. • — (b) Walls facing runway: The total area of all wall signs shall not exceed 30% of the wall area. The maximum total sign area shall be 400 square feet. Wall area shall be _ computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs: Are permitted only on sites of buildings operated by persons,organizations, or businesses that are commercially licensed by the Metropolitan Airport Commission. Two free- standing accessory signs shall be permitted for each building site, provided one of the signs is on the side of the building facing the runway. The total area of each sign shall not exceed 80 square — feet. The maximum height of free-standing signs shall not be 20 feet. 3. Area Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One — sign per street frontage is allowed. Area Identification signs shall not exceed 80 square feet and shall not exceed a maximum height of 20 feet. • 4. Gate Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One sign at each gate is allowed. Gate identification signs shall not exceed 32 square feet and shall not exceed a height of 10 feet. 11-102 5. Building Identification Signs: Only the Metropolitan Airport Commission may erect such signs. One such sign per building is allowed. Building identification signs shall not exceed 6 square feet and must be attached flat against the wall of the building. 6. No other sign is permitted. Source: Ordinance No. 114-84 Effective Date: 11-1-84 Subd. 5. Administration and Enforcement. A. Permits. Except as provided in Seoparagraph D below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, shall file application with the City for permission to display such sign. Permits must be acquired for all existing, new, relocated, modified or redesigned signs except those specifically excepted below. The applicant shall submit with the application, a complete description of the sign and a sketch showing its size, location, manner of construction and such other information as shall be necessary to inform the Building Official of the kind, size, material, construction and location of the sign. The applicant shall also submit at the time of application, the — application fee required under Subparagraph B below. If a sign authorized by permit has not been installed within three months after the date of issuance of said permit, the permit shall become null and void. B. Fees. Fees shall be set by the Council by resolution. C. Sign Identification Tag. For any sign for which a permit is required under the provisions of this Section, the permittee shall acquire from the City a tag which shall be conspicuously attached to the lower left front surface of the sign. Such tag shall indicate the number of the sign permit and the date of issuance. Permits and tags must be acquired, and application fees paid for all non-exempt signs existing at the time of adoption of this Section. D. Exemptions: The exemptions permitted by this Subdivision shall apply only to the requirement of a permit, and shall not be construed as excusing the installer of the sign, or the owner of the property upon which — the sign is located, from conforming with the other provisions of this Section. No permit is required under this Subdivision for the following signs: 1. A window sign placed within a building and not exceeding 10% of the window area. 2. Signs erected by a governmental unit or public school district, or non-profit organization. — 3. Temporary signs as listed in Subdivision 3, Subparagraph H, I, J, K, and Y, Area Identification Signs and Neighborhood Markets. 4. Memorial signs or tablets containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze, stone, or marble. 5. Signs which are completely within a building and are not visible from the outside of the building. Source: City Code Effective Date: 9-17-82 E. Violations and Fines. If the Chief Building Official or a deputy shall find any sign regulated by this Section is prohibited as to size, location, content, type, number, height or method of construction, or is unsafe, insecure, or a menace to the public, or if any sign (for which a permit is required) has been 11-103 I constructed or erected without a permit (having) first(been) granted to the installer of said sign, or to the I owner of the property upon which said sign has been erected, or is improperly maintained, or is in violation of any other provisions of this Section, he shall give written notice of such violation to the owner _ (of such property) or(the) permittee. If the permittee or owner(of such property) fails to remove or alter the sign so as to comply with the provisions set forth in this Section within (3) days following receipt of said notice. 7 Source: Ordinance No. 105-84 Effective Date: 9-19-84 r-t _ (Prey. Ordinance No. 105-84 Effective Date: 9-20-84) 1. Such sign shall be deemed to be a nuisance, and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; and/or, Source: City Code Effective Date: 9-17-82 - 2. It is unlawful for any permittee or owner to violate the provisions of this Section. Each period of(3) days within which the sign is not removed or altered shall be deemed to constitute another violation of this Section. No additional licenses shall be granted to anyone in violation of the terms of this Section, or to anyone responsible for the continuanceof the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the Chief Building Inspector, have been made towards the correction of said violation. The Inspector may also withhold building permits for any construction related to a sign maintained in violation of this Section. Pursuant to Minnesota Statutes Annotated 160.27, the Chief Building Official, or his deputy, shall have the power to remove and destroy signs placed on street right-of-way with no • - such notice of violation required. Source: Ordinance No. 105-84 _ Effective Date: 9-19-84 3. Appeals and Variances. A permit applicant or permit holder may appeal any order or determination made by the Chief Building Official or a deputy pursuant to this section or a permit applicant or permit holder may request a variance from the literal terms of this variance with the City Clerk-Treasurer requesting a hearing before the Board of Appeals and Adjustments. The Board shall hear and decide appeals and applications for variances in the following cases: — (a) Appeals where it is alleged that there is an error in any order, requirement, decision or - - determination made by the administrative officer in the enforcement of this Section. (b) Requests for variances from the literal provisions of this Section shall be granted only in instances where their strict enforcement would cause unique hardship because of circumstances unique to the individual property or proposal under consideration. (Prey. Ordinance No. 78-13 Effective Date: 5-26-78) - — 11-104 4. With respect to campaign signs, as defined in Subd. 3.H. herein, the written notice of violation required by Subd. 5.E. herein may be given to the person or committee who prepares, disseminates, issues, posts, installs or owns the sign, or the persons or committee who causes the preparation, dissemination, issuance, posting or installation of the sign,or the owner or occupant of the premises on which such sign is displayed. If such person, committee, owner or occupant fails to remove or alter the sign so as to comply with the provision set forth in this Section within 3 days following receipt of said notice, then such failure is deemed unlawful and such persons, _ committee, owner, or occupant shall be subject to the same liabilities and penalties as are permittees and owners under Subd. 5.E. 1. and 2. (Prey. Ordinance No. 105-84 Effective Date: 9-20-84) Subd. 6. Non-Conforming Signs A. Any non-conforming temporary or portable sign existing on the effective date of this Section shall be made to comply with the requirements set forth herein, or shall be removed within 60 days after the effective date of this Section. Source: City Code Effective Date: 9-17-82 B. A lawful sign on the effective date of this Section or of amendments thereto that does not conform to these provisions shall be regarded as a non-conforming sign. Except for directional signs for churches, schools, or publicly owned land or buildings, non-conforming use of which is governed by Section 11.70, Subaivision 4, Subparagraph 1, Item 5, such signs may be continued in use when properly and safely maintained for a period of six years from the date of enactment of this Section or from the date of any amendments thereto which cause a sign to become non-conforming. At the end of the six years they shall be made to conform with the provisions of this Section or they shall be removed by the owner. Source: Ordinance No. 37-83 Effective Date: 9-30-83 (Prey. Ordinance No. 261) Effective Date: 10-25-74) SECTION 11.71. Repealed Source: Ordinance No. 2-95 Effective Date: 2-17-95 (Sections 11.72 through 11.74, inclusive, reserved for future expansion.) 11-105 SECTION 11.75. NON-CONFORMING USES, STRUCTURES AND SIGNS. Subd. 1. Purposes. This Section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and the alteration of restoration after destruction of the r' structures they occupy. Eventually, certain classes of non-conforming uses, non-conforming structures of nominal - value, and certain non-conforming signs are to be eliminated or altered to conform. Subd. 2. Continuation and Maintenance. A. Except as otherwise provided in this Chapter, a use, lawfully occupying a structure or a site on the , r effective date of this Section or amendments thereto that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this Section. B. Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. C. Routine maintenance and repairs may be performed on a structure or site the use of which is non- conforming and on a non-conforming structure. (Prey. Ordinance No. 82-18 , - Effective Date: 9-17-82) SECTION 11.76. VARIANCES. 1-7 Subd. 1. Purposes and Authorization. Variance from the literal provisions of this Chapter may be granted in , instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration, and such variances may be granted only when it is determined that such action will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner, and the variance, if granted, will not . , — alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not !-- limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this Chapter. The Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. Source: Ordinance No. 72-84 Effective Date: 4-5-84 l * Subd. 2. Application and Fee. Application fees, forms and procedure shall be adopted by resolution of the ! Council. Source: City Code Effective Date: 9-17-82 Subd. 3. Time Limitation. Variances granted from the provisions of this Chapter shall be used within one year and if not, the variance will be of no further force and effect. • L.: (Prey. Ordinance No. 72-84 Effective Date: 4-5-84 11-106 SEC. 11.77. ZONING CERTIFICATE AND CERTIFICATE OF OCCUPANCY. Subd. 1. Purposes and Requirements. To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this Section, and in order that the City may have a record of each new or expanded use of a structure or site, a zoning certificate is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the Building Code shall be issued only for a structure that conforms with the zoning certificate. - Subd. 2. Building Permit. A building permit cha11 be issued only upon execution of an approved zoning certificate. Subd. 3. Occupancy Certificate. A. A certificate authorizing occupancy chap not be issued until all requirements of this Section and conditions attached to any variance have been fully met. B. A temporary certificate may be issued when certain conditions or requirements cannot be met due to weather or other conditions beyond the control of the owner but only when occupancy will not be detrimental to the health, safety or general welfare of the occupants or neighbors. SECTION 11.78. AMENDMENTS. Subd. 1. Purposes. This Chapter may be amended and the boundaries of any district may be changed in accord with the procedure described in this Section. Subd. 2. Initiation. An amendment may be initiated by the Council, the Planning Commission, or by petition of affected property owners. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon by the Council until it has received the - recommendation of the Planning Commission or until 60 days have elapsed from the date of reference of the amendment without a report by the Planning Commission. - Subd. 3. Application and Fee. Application for any changes must be made on forms provided by the City and shall include all information and data requested. Application fee shall be established by the Council by resolution. Subd. 4. Public Hearing. No amendment shall be adopted until a public hearing has been held thereon by the Council. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries a notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and - property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the responsible person may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. - Subd. 5. Reapplication. No application for the same or substantially the same change shall be made within one (1) year from the date of denial. — Subd. 6. Adoption. Amendments to this Chapter may be adopted by a two-thirds vote of all of the members of the Council. 11-107 1 ! { SECTION 11.79. ADMINISTRATION. I — !i Subd. 1. The City Manager shall be responsible for the enforcement of this Chapter and all orders of the Board — of Appeals and Council. [3, Subd. 2. All applications for zoning or variances shall be directed to the City Manager for administration review and reference to the Planning Commission or Board of Appeals. Source: City Code = 4 Effective Date: 9-17-82 1 — Subd. 3. Fees. The Council is hereby authorized to establish, by resolution, all fees payable to the City for any action or proceeding under this Chapter. A copy of such resolution shall be kept in the office of the City Manager z_ and uniformly enforced. II ' — (Prey. Ordinance No. 72-84 . Effective Date: 4-5-84) ' • SECTION 11.80 OFFICIAL MAP. f F There is adopted pursuant to Minnesota Statutes, #462.359 (1986), the Official Map entitled, "Minnesota E' Department of Transportation S. P. 2762(T.H. 212)Official Map West Hennepin County Line to Junction of T.H. 5 and T.H. 494" on file and open to public inspection in the office of the City Manager, which Official Map — contains a description of the future layout of State Highway 212 through the City and the lands which will be affected by reason thereof. Source: Ordinance No. 63-88 Effective Date: 1-19-89 (Sections 11.81 through 11.98, inclusive, reserved for future expansion.) SECTION 11.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this Chapter when he performs an act • thereby prohibited or declared unlawful,or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific • ` r provisions hereof. r . Source: City Code Effective Date: 9-17-82 rl 1 , L_a 11-108 s : • NOTICE The City Code is a comprehensive codification of all City legislation. This package contains only Chapter 12, entitled "Subdivision Regulations (Platting)". While this Chapter is an integral _ part of the City Code, its provisions may rely on, or refer to, other portions of the Code. In those instances the user is referred to the other Chapters for completeness. City of Eden Prairie 1st Addition 5-3-91 Updated through Ordinance 2-95 HAV0-1AIYIER 12 SUBDIVLSION REGULATIONS(PLATTING) Section 12.01 Purpose 12-1 Section 12.02 Subdivision Approval Required 12-1 Section 12.03 Definitions 12-1 Section 12.04 Preliminary Approval Procedure 12-3 Section 12.05 Data for Preliminary Plat 12-4 Sections 12.06-12.19 Reserved Section 12.20 Procedure for Final Approval 12.6 Sections 12.21-12.29 Reserved Section 12.30 Minimum Subdivision Design Standards 12-8 Sections 12.31-12.39 Reserved Section 12.40 Parks, Playgrounds and Public Open Spaces 12-12 Section 12.41 Mini-Paries 12-13 Sections 12.42-12.49 Reserved Section 12.50 Required Improvements on the Site 12-15 Sections 12.51-12.59 Reserved Section 12.60 Modifications, Exceptions and Variances 12-17 Section 12.61 Building Permits 12-17 Sections 12.62-12.98 Reserved Section 12.99 Violation a Misdemeanor 12-18 Ems CHAPTER 12 t i I SUBDIVISION REGULATIONS (PLATTING) l� SECTION 12.01. PURPOSE. 11 This Chapter is adopted for the purpose of: (1) establishing standard procedures, requirements and conditions for the subdividing of land; (2)securing satisfactory conformity of such subdivision to City plans, City Code provisions and regulations, adopted or under preparation; (3) authorizing the Planning Commission to act under this Chapter as advisory to the Council; and (4) assuring that new subdivisions will contribute toward an attractive, orderly, . stable, safe and wholesome community. E SECTION 12.02. SUBDIVISION APPROVAL REQUIRED. r- No land shall be subdivided without complying with the provisions of this Chapter. Subd. 1. Administrative Approval. The City Manager or his designated representative may authorize subdivision _ upon finding (1) the division will not result in more than two parcels; (2) if a lot which is part of a plat recorded in the office of the County Recorder of Hennepin County is proposed to be divided, such subdivision will not cause any structure on the lot to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; and, (4) the owners of land, contiguous to the parcel being divided, file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections. Subd. 2. Council Action. If the proposed subdivision is not authorized under Subdivision 1 of this Section, the subdivider may proceed to obtain approval by the Council as hereinafter provided. All subdivisions created by Council action shall be effected by a plat made in accordance with Minnesota Statutes, 1990, Chapter 505. SECTION 12.03. DEFINITIONS. For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this Section. Subd. 1. "Boulevard" -The portion of the street right-of-way between the curb line or surfaced roadway and the property line. Subd. 2. 'Butt Lot" - A lot at the end of a block and located between two corner lots. Subd. 3. 'Block" - An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake or outlot. Subd. 4. "Easement" - A grant by an owner of land for the specific use of said land by the public generally or to a person or persons. Subd. 5. "Final Plat" -The final map, drawing or chart or survey on which the subdivider's plan of subdivision is presented to the Council for final approval. Subd. 6. "Lot" - A parcel or portion of land in a subdivision separated from other parcels or portions by a _ description. Subd. 7. "Lot-Double Frontage" - A lot on which opposite ends both abut on streets. Subd. S. "Minimum Subdivision Design Standards" - The guides, principles and specifications for the L_ 12-1 preparation of subdivision plans indicating among other things the minimum and maximum dimensions of the various elements set forth in the preliminary plan. Subd. 9. "Owner" - Any person having a sufficient proprietary interest in the land sought to be subdivided to - commence and maintain proceedings to subdivide the same under these regulations. Subd. 10. 'Pedestrian Way" - The right-of-way across or within a block for use by pedestrian traffic whether designated as a pedestrian way, cross- walk, or however other designated. Subd. 11. "Preliminary Approval' -Official action taken by the Council on an application to create a subdivision which establishes the rights and obligations set forth in Minnesota Statutes, 1990, Section 462.358 and this chapter. - Unless otherwise specified in this chapter, preliminary approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without limitation the number, layout, and location of lots, tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities, park and - drainage facilities, and lands to be dedicated for public use. Subd. 12. "Protective Covenants' - Contracts entered into between private parties which constitute a restriction on the use of all private property within the platted area and which provide mutual protection against undesirable aspect of development which would tend to impair stability of values. The City does not provide for enforcement of such protective covenants. - Subd. 13. "Right-of-Way" - The width between property lines of a road, street, pedestrian way or easement. Subd. 14. "Setback" -The minimum horizontal distance between building walls and street right-of-way, side and - rear lot lines. Subd. 15. "Street" - A public thoroughfare for vehicular and pedestrian traffic. Subd. 16. 'Subdivider" -Any person commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another. Source: City Code Effective Date: 9-17-82 Subd. 17. "Subdivision" -The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial, or other use or any combination thereof. As used in this section the term "subdivision" does not include separations (1) creating cemetery lots or (2) resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. The term includes resubdivision and when appropriate to the context shall relate to the process of subdividing or to the land subdivided. Source: Ordinance No. 3-8 Effective Date: 2-18-88 Subd. 18. "Comprehensive Guide Plan" - (City Guide Plan) indicates the general locations recommended for - various functions, classes of land use, places and structures and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. Subd. 19. "Planned Unit Development " - (P.U.D.) as described in Chapter 11. Subd. 20. "Packs, Recreation and Natural Resources Commission" - The City Parks, Recreation and Natural Resources Commission. 12-2 SECTION 12.04. PRELIMINARY APPROVAL PROCEDURE. i I Before subdividing any tract of land, the subdivider shall submit an application for, which shall include a preliminary plat of, the subdivision in the following manner: R- t Subd. 1. Review. The application shall be submitted to the Planning Director who shall review it to ascertain if it complies with the regulations as herein set forth. If the Planning Director finds the application to be in .._ conformance with the regulations, the application shall be referred to the Planning Commission. Subd. 2. Filing. Copies of the application shall be filed with the Director of Planning. The required filing fee shall be paid and any necessary requests for variances from the provisions of this Chapter shall be filed before the application shall be considered officially filed. • Subd. 3. Filing Fee. The fee to be paid for filing an application shall be determined by resolution of the Council. r— Subd. 4. Hearing. Within forty-five(45) days from the date of filing of the application, the Planning Director shall set a public hearing for the next regular meeting of the Planning Commission, at which all interested persons -- shall be given an opportunity to be heard. The Planning Commission shall conduct the hearing and report upon findings and make recommendations to the Council. Notice of said hearing shall be published in the official • newspaper at least ten(10)days prior to the hearing and mailed to owners whose properties lie within three hundred fifty (350) feet of the subject property. Subd. 5. Council Action. A. The Council shall preliminarily approve or disapprove a subdivision application within one hundred twenty (120)days following delivery of an application completed in compliance with this Chapter by the applicant to the City unless an extension of the review period has been agreed to by the applicant. _ B. If preliminary approval is not given by the Council, the reasons for such action shall be recorded in the proceedings of the Council. If preliminary approval is given, such approval shall not constitute final acceptance of the subdivision but the general acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features. The Council may require such revisions in the application, preliminary plat, and final plat as it deems necessary for the health, safety, general welfare and convenience of the City. Source: City Code Effective Date: 9-17-82 C. No plan will be approved for a subdivision (1) which covers an area subject to soil erosion or periodic flooding or which has poor drainage unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area safe for occupancy and provide adequate street and lot drainage; (2)unless there has been compliance with Section 11.55 of the Code; or(3) if the Council makes any of the following findings: 1. That the proposed subdivision is in conflict with applicable general and specific plans, including but not limited to the City's Comprehensive Guide Plan and zoning regulations. 2. That the design or improvement of the proposed subdivision is in conflict with applicable development plans. 3. That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,water storage, and retention, are such that the site is not suitable for the type of development or use contemplated. • 12-3 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. 6. That the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. 7. That the design of the subdivision or the type of improvements will conflict with easements on record or to easements established by judgment of a court. Source: Ordinance No. 17-90 Effective Date: 5-18-90 SECTION 12.05. DATA FOR PRELIMINARY PLAT. The preliminary plat shall be clearly and legibly drawn at a scale approved by the City Planning Director but not less than 1" = 100'. The preliminary plat of the proposed subdivision shall contain or have attached thereto the following information: Subd. 1. Identification and Description. A. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County. B. Legal description of the property according to the records in the office of the County Recorder. C. Name and addresses of the owner, owner's agent, subdivider, surveyor and designer of the plat. D. Graphic scale, north point and date of preparation. Subd. 2. Existing Conditions. A. Boundary line survey of proposed subdivision clearly indicated. B. Existing zoning classifications. C. Total acreage. D. Show the location, widths, and names of proposed streets or other public ways, parks and other public lands, easements, and section and corporate lines within the preliminary plat and to a distance one hundred (100) feet beyond the boundary line. E. Location and site both public and private of existing sewers, water mains, culverts or other underground facilities within the preliminary plat area and to a distance of one hundred (100) feet beyond. Such data as grades, invert elevations, and locations of catch basins, manholes, and hydrants shall also be shown. F. Boundary lines of adjoining ,•nsubdivided or subdivided land within one hundred (100) feet. G. Topographic data, including contours at vertical intervals of not more than two (2) feet. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown, including slopes in excess of 10% and erodible soil conditions. 12-4 H. Copy of all proposed private covenants. I. Soil borings and percolation tests may be required by the City Engineer. 7 s Subd. 3. Subdivision Design Features. A. Layout of proposed streets, including proposed roads according to City thoroughfare plans showing right-of-way widths and proposed names of streets. The name of any street thoroughfare used in the City l- or its environs shall not be used unless the proposed street is an extension of an already named street. r B. Location of widths or proposed trails, fire lanes, pedestrian ways and utility easements. C. Typical cross-sections of proposed improvements upon streets, together with an indication as to the method -- of disposing of the proposed storm water runoff. Schematic storm sewer, sanitary sewer, and water layouts, illustrating invert and top of cover elevations, proposed gradients, direction of flow,and drainage areas. Center line gradient of proposed streets. _ D. Layout, numbers and preliminary dimensions of lots and blocks, and building setback lines. E. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for • public use, including the size of such area or areas in acres. F. Whenever a lot proposed for subdivision is intended for future subdivision, a tentative plan for the future .— subdivision of the entire tract shall be submitted to the Planning Commission. Subd. 4. Other Information. A. Statement of the proposed use of lots stating type of building with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of population. B. Source of water supply. C. Provisions for sewage disposal, drainage and flood control. D. Proposed protective covenants or deed restrictions. E. Location of proposed street lights,and easements, and the utilities of electricity, gas, telephone and Cable T.V. All such utilities are to be underground. F. A general landscaping plan showing plantings,berms, fences, lighting,parking layout,sidewalks and trails. Source: City Code Effective Date: 9-17-82 (Sections 12.06 through 12.19, inclusive, reserved for future expansion.) 12-5 SECTION 12.20. PROCEDURE FOR FINAL APPROVAL. Approval by the Council of the final plat shall be subject to and conditioned upon the prior performance (except where such performance may be subsequent to such approval or specifically provided hereinafter) by the subdivider or owner of all conditions imposed in connection with the preliminary approval, the following provisions and requirements, and all applicable rules and regulations of other governmental units having jurisdiction. Subd. 1. Data for Final Plat. A. General. A final plat in recordable form shall be prepared by a qualified person who is registered as a land surveyor in the State of Minnesota and shall conform to all State and County requirements and the requirements of this Chapter. B. Information to be shown. 1. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public use, and other important features. All dimensions including lot lines shall be shown in feet and hundredths of feet. 2. An identification system for all lots and blocks. 3. True angles and distances to the nearest established official monuments(not less than three)which shall be accurately described in the plat. 4. Municipal or section lines accurately tied to the lines of the subdivision by distances and angles. 5. Name and right-of-way width of each street or other rights-of-way. 6. Accurate outlines and legal description of any areas to be dedicated or reserved for public use or for the exclusive use of property owners within the subdivision with the purposes indicated therein. • 7. Certification by a registered surveyor. 8. Execution of all owners of any interest in the land and any holders of a mortgage thereon of the certificate required by Minnesota Statutes, and which certificate shall include a dedication of the utility easements and any other public areas in such form as shall be approved by the City Attorney. 9. Form of approval of Council as follows: Approved by the City Council of the City of Eden Prairie, Hennepin County, Minnesota, this day of , 19 Mayor City Manager 10. Form for approval by County authorities as required. 12-6 Subd. 2. Filing. A. The owner or subdivider shall file eighteen (18) copies of a final plat covering all or a portion not later 1 than six (6) months after the date of preliminary approval; otherwise, the preliminary approval will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Council. The owner or subdivider shall also submit to the City Engineer at the same time an .., up-to-date certified abstract of title or registered property report and such other evidence as the City Attorney may require showing title or control in the applicant. B. The final plat shall incorporate all changes or modifications required by the Council; in all other respects ' it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at that time provided that such portion conforms with all the requirements of these regulations. Subd. 3. Subsequent to approval by the Council and before execution by the City of the final plat (if the final plat is in such form as to require execution by the City) and delivery thereof or delivery of a certified copy of any __ resolution of the Council approving a final plat, the subdivider shall, if he has not previously done so, submit to the City Engineer two (2)copies of a development plan(1" = 100'scale) showing existing and proposed contours, - proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City and containing such other information and in such form as shall be required by the City Engineer. Subd. 4. Recording. If the final plat is approved by the Council, the subdivider shall record it with the County Recorder or Registrar of Titles as provided by law. _ - Source: City Code Effective Date: 9-17-82 Subd. 5. Subsequent to approval by the Council and before execution by the City of the final plat (if the final plat is in such form as to require execution by the City) and delivery thereof or delivery of a certified copy of any resolution of the Council approving a final plat, the subdivider shall, if he has not previously done so, pay to the City fees for first three (3) years' street lighting (public streets), engineering review and street signs. • Source: Ordinance No. 73-84 Effective Date: 4-5-84 Subd. 6. See Section 12.50 for additional requirements subsequent to approval by the Council and before . execution by the City of the final plat or other appropriate forms of City approval. ` Source: City Code Effective Date: 9-17-82 (Sections 12.21 through 12.29, inclusive, reserved for future expansion.) • 12-7 SECTION 12.30. MINIMUM SUBDIVISION DESIGN STANDARDS. Subd. 1. The proposed subdivision shall conform to the City Plan. Source: City Code Effective Date: 9-17-82 Subd. 2. The arrangements of all streets shall conform to the City Plan and provide a continuation of existing and planned streets within and outside of the proposed subdivision, provide for a reasonable circulation of traffic and shall be appropriately located in relation to topography, run- off of storm water and to proposed uses of the land to be served. Where adjoining areas are not subdivided, the arrangement of streets shall make provision for the proper projection of streets into adjoining areas. Source: Ordinance No. 73-84 Effective Date: 4-5-84 Subd. 3. Streets. A. Street widths and pavement widths shall conform to the following table of minimum dimensions: Average Daily Design Speed Right-of-Way Roadway Width Road Type Traffic (Vehicles) (MPH) (Feet) Back-Back (Feet) Residential 500 30 50 28 Minor (1) Residential 3,000 35 60 32 Collector Industnal (4) 35 70 38 M.S.A. 10,000 40 80 (2) 48 Commercial (4) M.S.A. 10,000 40 80 (2) 34 (No Parking) (4) M.S.A. 10,000 40 100-120 2028 (3) Parkways (4) (1) Maximum length of cul-de-sac is 500 feet, Right-of-way radius 50 feet, Roadway radius 39 feet to back curb. (2) At major intersections increase to 120 feet. (3) Four lane divided with 18 foot median. (4) Final design dependent upon traffic volume and soil factors. B. Deflections(Horizontal Alignment). When connecting street lines deflect from each other at any one point, the design requirements of the Minnesota Department of Transportation Road Design Manual, latest revision, shall apply. C. Grades. All centerline gradients shall be at least 0.5 percent and shall not exceed 8.0 percent. 12-8 D. Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum I i length, in feet, of these curves shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual, latest revision. ? i ! E. Street Jogs. Street jogs shall have a centerline offset of one hundred fifty(150)feet or more when applied to minor streets or service streets; in all other cases, they shall be avoided. .. F. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be discouraged. ' = G. Cul-de-sacs. Maximum length cul-de-sac streets shall be five hundred (500) feet measured along the €l L centerline from the intersection of origin to end of right-of-way, unless the plan for the overall area will necessitate the extension of said street and appropriate reservation of right-of-way is provided for. Cul-de-sacs should be avoided whenever reasonably possible. i ' H. Service Streets. Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of properties and to afford separation of through and local traffic. r{ Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way t J suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. I. Half Streets. Half streets shall be prohibited except where essential to the reasonable development of the — subdivision in conformity with the other requirements of these regulations and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whenever there is a half street adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract prior to the granting of access. J. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the Council. K. Unless otherwise approved by the Council, private streets shall not be approved nor shall public improvements be installed for any private street except that private streets may be permitted in approved Planned Unit Developments. L. Hardship to Owners of Adjoining Property Avoided. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Subd. 4. Intersections. The angle formed by the intersection of streets shall be ninety (90) degrees with a fifty (50) foot minimum tangent from the radius return. Intersections of more than four corners shall be prohibited. - - Roadways of street intersections shall be rounded by a radius of not less than fifteen (15) feet. Roadways of driveway street intersections shall be rounded by a radius of not less than three (3) feet. Corners at the entrances to the turnaround portions of cul-de-sacs shall be rounded by a radius of not less than fifteen (15) feet. Subd. 5. Curb and gutter may be included as part of the required street surface improvements and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City Engineer. Subd. 6. Sidewalks and Trails. Sidewalks and/or trails may be required. The design thereof shall conform to , _ the requirements of the City Engineer. Subd. 7. Water Supply. When public supply is available, extensions of the water supply system shall be 12-9 designed so as to provide public water service to each lot. The design of said extensions shall be in accordance with the standards of the City Engineer. Private water supply systems shall be constructed and maintained according to State laws and City Code provisions. Subd. 8. Sewage Disposal. When public systems are available, extensions of the sanitary sewer system shall be designed so as to provide sewer service to each lot. The design of said extensions shall be in accordance with the standards of the City Engineer. • Subd. 9. Drainage. A complete and adequate drainage system design shall be required for the subdivision and shall include a storm sewer system or a system of open ditches, culverts, pipes, and catch basins, or both systems, as required by the City Engineer. Such system or systems shall be designed and installed in conformity with all applicable standards of the City at the developer's expense. Subd. 10. Easements. A. Provided for Utilities: Easements at least ten (10) feet wide, centered on front, rear and side lot lines and abutting (10' wide) street right-of-way shall be provided for utilities and shall be dedicated by appropriate language. They shall have continuity of alignment from block to block. B. Provided for Drainage: Easements shall be provided along each side of the centerline of any water course or drainage channel whether or not shown in the City Plan to a width sufficient to provide proper maintenance and protection and to provide for storm run-off and installation and maintenance of storm sewers. Said easements shall in no event be less than fifty (50) feet on either side of the centerline of any water course or drainage channel and they shall be dedicated to the City in such manner that the City may require. Subd. 11. Street Names. Names of new streets shall not duplicate or sound similar to existing or platted street names. Subd. 12. Lots. - A. Locations. All lots shall have frontage on a publicly dedicated street or street that has received legal status as such except that lots in Planned Unit Developments may have frontage on a private street or access road. - B. Size. The lot dimensions in subdivisions shall not be less than the minimum dimensions required to secure the minimum lot area specified in Chapter 11. _ C. Butt Lots. Butt lots shall be platted at least five (5) feet wider than the average width of interior lots in the block. D. Corner Lots. Corner lots shall be platted at least fifteen(15) feet wider than the minimum width required by Chapter 11. E. Side Lot Lines. Side lines of lots shall be substantially at right angles to the street line. F. Water Courses. Lots abutting upon a water course, drainage way, channel or stream shall have an additional depth or width, as required, to assure house sites that are not subject to the flooding. G. Natural Features. In the subdividing of any land, regard shall be shown for all natural features, such as trees, water courses, steep slopes,erodible soils,historic spots or similar conditions, which if preserved will add attractiveness and stability to the proposed development. 12-10 r-, H. Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or a plan shown as to future use rather than allowed to remain as unusable parcels. Source: City Code Effective Date: 9-17-82 (Sections 12.31 through 12.39, inclusive, reserved for future expansion.) r r- mom • r 1.. L_ . L. 12-11 SECTION 12.40. PARKS, PLAYGROUNDS AND PUBLIC OPEN SPACES Subd. 1. The owner of land being subdivided shall dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof, as determined by the City to be in the public interest and necessary for such uses. Source: Ordinance No. 3-88 Effective Date: 2-18-88 Subd. 2. At the City's option, the subdivider shall contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate pursuant to Subdivision 1 hereof in accordance with the schedule to be set by resolution of the Council. Subd. 3. Whenever the term 'dedicate' is used in this Section or in Section 12.41, it shall mean a dedication of land in connection with a plat for the purposes required or, at the option of the City, a deed or other instrument of conveyance conveying the land to the City. A dedication of land shall be such as shall vest good and marketable title of the land in the City, free and clear of any mortgage, lien, encumbrance or assessment, subject to such easements or minor imperfections of title as may be acceptable to the City. Subd. 4. The City may determine the location and configuration of any land dedicated, taking into consideration its suitability for its intended purposes and how it will best serve the public and future needs of the community for such purposes. Subd. 5. Land dedicated for the holding of storm or drainage water, power line easements or which is unusable or of limited use may, at the option of the City, not be deemed accepted by the City for purposes of owner's compliance with Subdivisions 1 and 2 hereof or Section 12.41. Subd. 6. Where the owner provides for public use neighborhood park amenities such as, but not limited to, tennis courts, ballfields,open space or other recreational facilities, the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the cost of the facilities provided. Subd. 7. Cash contributions required by Subdivision 2 hereof may be made prior to or concurrent with approval of the final plat or at the subdivider's option concurrent with issuance of a permit for building upon lots or parcels within the subdivision provided, however, if subdivider elects to make the cash contributions concurrent with issuance of a permit, the amount to be paid at such time or times shall be the amount then provided by City Code provisions or resolution. Subd. 8. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, subdivider shall deliver to the City an opinion addressed to the City by an attorney and in a form acceptable to the City as to the condition of the title of such property or in lieu of a title opinion a title insurance policy insuring the condition of the title of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by subdivider to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. Subd. 9. Immediately upon filing of the final plat or other appropriate division documents, subdivider shall file for recording all deeds for conveyance of property to be deeded to the City other than that formally dedicated on a final plat. Source: City Code Effective Date: 9-17-82 12-12 r Subd. 10. All improvements including grading, seeding, planting,landscaping, equipping,and constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other recreational purposes shall be completed by subdivider and 7-7 acceptable to the Director of Parks, Recreation and Natural Resources and shall be free and clear of any lien,claim, change, or encumbrance including any for work, labor, or services rendered in connection therewith or material or equipment supplies therefor. Subdivider shall warrant and guarantee the improvements against any defect in _ materials or workmanship for a period of two (2) years following completion and acceptance thereof. In the event of any defect in materials or workmanship within said two-year period, the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in materials or workmanship shall be ' determined by the Director of Parks, Recreation and Natural Resources. Acceptance of improvements by the ' Director of Parks, Recreation and Natural Resources may be subject to such conditions as he may impose at the time of acceptance. Subdivider through his engineer shall provide for competent daily inspection during the construction of all improvements. Prior to final plat approval or issuance of any building permit if no final plat is — — required, subdivider shall submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this Subdivision including but not limited to a guarantee against defects in materials and workmanship for a period of two (2) years following _ completion and the extension of the period to three (3)years in the event of any defect during said two-year period. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Director of Parks, Recreation and Natural Resources. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the Director of Parks, Recreation and Natural Resources. The subdivider's registered engineer shall make and submit for approval to the Director of Parks, Recreation and Natural Resources a written estimate of the costs of the improvements. — Source: Ordinance No. 73-84 Effective Date: 4-5-84 _ - T SECTION 12.41. MINI-PARKS. Subd. 1. "Mini-Park" is a specialized park, playground or open space which serves a concentrated population or specific group of persons such as those residing in the immediate neighborhood and may be located in or adjacent to apartment complex developments, townhouse developments and single family developments that are not in close proximity to a neighborhood park. The land area may but shall not necessarily be limited to one (1) to five (5) acres in size. Subd. 2. The Council recognizes that it is essential to the health, safety and welfare of the residents of the City — that mini-parks be provided to serve the immediate neighborhoods. The preservation of those open spaces within specific neighborhoods, especially in areas of high density, is essential to maintaining a healthful and desirable . environment for the residents of the City. Subd. 3. An owner requesting subdivision of land for construction and maintenance thereon of fifty(50) or more residential units may be required to dedicate a reasonable portion of such land to the City for public use as a mini-park in addition to the dedication of land or the contribution of cash in lieu thereof pursuant to Section 12.40. A reasonable portion of such land shall consist of that portion which the City will need for mini-park purposes as a result of the approval of the subdivision and, unless otherwise determined by the City upon a showing by the subdivider, shall consist of a minimum of one acre for each fifty (50) residential units and a proportionate part of an acre for any additional residential units less than fifty (50) provided, however, no dedication of land for a mini-park shall be required if the total number of residential units to be constructed on the land shall be less than fifty(50). When an owner dedicates land to the City for a mini-park, the land encompassed in the mini-park shall be included in the total land utilized in the calculation of densities pursuant to Chapter 11. 12-13 Subd. 4. The City may determine the location and configuration of any land dedicated to the City for a mini-park. Subd. 5. The owner shall develop any mini-park dedicated in accordance with City specifications, shall preserve existing trees whenever possible and shall make use of natural resources such as large boulders in the development. Source: City Code Effective Date: 9-17-84 (Sections 12.42 through 12.49, inclusive, reserved for future expansion.) 12-14 SECTION 12.50. REQUIRED IMPROVEMENTS ON THE SITE. I I Subd. 1. All sanitary sewer, water main and storm sewer facilities, streets, concrete curb, gutters, sidewalks, p sodding, drainage swales and other public utilities(improvements) shall be made and constructed on or within the subdivided lands or where otherwise required and dedicated to the City and shall be designed in compliance with City standards by a registered professional engineer. Plans and specifications shall be submitted to the City Engineer for approval prior to construction. All of the improvements shall be completed by the subdivider and ; , acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including �- any for work, labor or services rendered in connection therewith or material or equipment supplied therefor. Subdivider shall warrant and guarantee the improvements against any defect in materials or workmanship for a fl — period of two (2) years following completion and acceptance thereof. In the event of the existence of any defect f in materials or workmanship with said two-year period, the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such reasonable conditions as he may impose at the time of acceptance. Subdivider through his engineer shall provide for competent daily inspection during the construction of all improvements. Asbuilt drawings with service and valve ties on reproducible mylar shall be delivered to the City Engineer within sixty(60)days of completion of the improvements together with a written certification from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Source: Ordinance No. 73-84 Effective Date: 4-5-84 Subd. 2. Subdivider shall remove all soil and debris from and clean all streets within the lands subdivided at least every two(2) months (or within one(1)week from the date of any request by City) during the period commencing ' May 1 and ending October 31 of each year until such time as such streets and improvements are accepted for f ownership and maintenance by the City. In the event there are or will be constructed on the property two (2) or more streets and if permanent street signs have not been installed, subdivider shall install temporary street signs in accordance with recommendations of the City Inspections, Safety and Facilities Department prior to the issuance of any permit to build upon the property. Subd. 3. Within twenty(20) days of installation of utilities and street curbs in any portion of the land subdivided (if said time occurs between May 1 and October 31 of any year), subdivider shall sod (secured with a minimum of two (2) stakes per roll of sod) that part of the property lying between said curb and a line eighteen(18) inches measured perpendicular with the curb or in lieu of said sod place a fiber blanket with seed approved by the City (secured with stakes a maximum of six (6) feet apart). Either sod or fiber must be placed upon a minimum of four -- (4) inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 112' for each foot from the curb line. Subdivider shall maintain the sod, fiber blanket, topsoil,and grade until such time as the streets . and improvements in the land subdivided are accepted for ownership and maintenance by the City. Subdivider shall also sod all drainage swales serving each 1.5 acres a minimum distance of six (6) feet on either side of the center ; of the swale. Subd. 4. Subsequent to approval by the Council and before execution by the City of the final plat or other appropriate forms of City approval, subdivider shall: , A. Execute and deliver to the City an agreement whereby subdivider shall undertake performance of the obligations imposed by this Chapter and containing such other terms and provisions and in such form as shall be acceptable to City. Source: City Code Effective Date: 9-17-82 r - - 12-15 L_- B. Submit a bond, letter of credit or cash deposit ("security") which guarantees completion of all improvements within the times specified by the City Engineer and in accordance with the terms of Section 12.50, Subdivisions 1 through 4. The amount of the security chall be 125% of the estimated construction cost of said improvement subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer and receipt of asbuilt drawings. The security shall be in such form and contain such other provisions and terms as may be required by the C,ty Engineer. The subdivider's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. Subd. 5. With the approval of the Council and in lieu of the obligations imposed by Subdivisions 1 through 4 above, subdivider may submit a 100%petition signed by all owners of the land to be subdivided requesting the City to install some or all of the improvements. Upon approval by the Council, the City may cause said improvements to be made and special assessments for all costs of said improvements to be levied on the land except any land which is or shall be dedicated to the public. Such special assessment shall be payable over a term of five(5)years unless otherwise authorized by the Council. Prior to the award of any contract by the City for the construction of any improvement, subdivider shall have entered into a contract for rough grading of streets included in the improvement to a finished subgrade elevation. Subdivider's obligation with respect to the rough grading work shall be secured by a bond, letter of credit or such deposit which shall guarantee completion and payment for all labor and materials expended in connection with the rough grading. The amount of the security shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. Source: Ordinance No. 73-84 Effective Date: 4-5-84 (Sections 12.51 through 12.59, inclusive, reserved for future expansion.) 12-16 71 i SECTION 12.60. MODIFICATIONS, EXCEPTIONS AND VARIANCES. Subd. 1. Complete Neighborhood. The Council, upon receiving a report from the Planning Commission, may grant a variance from these regulations in case of a subdivision large enough to constitute a more or less self-contained neighborhood provided the Council received adequate safeguards to assure development according -- to a plan. Said plan shall not be in conflict with the major street plan and shall in the opinion of the Council provide adequate public open space and be a desirable community development. Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality where conditions are well defined, the Council may exempt the subdivider from complying with the requirements stipulated in this Chapter. Subd. 3. Variances. The Council may grant a variance from the requirements of this Chapter where a subdivision is approved in conjunction with a Planned Unit Development pursuant to Chapter 11 or in any case where the subdivider can show that because of exceptional topography or other special conditions the strict compliance with these regulations could cause an undue hardship provided such a relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations. SECTION 12.61. BUILDING PERMITS. No building permit shall be issued for the construction of any building, structure or improvement on any land required to be subdivided until all requirements of this Chapter have been satisfactorily addressed. Source: City Code Effective Date: 9-17-82 (Sections 12.62 through 12.98, inclusive, reserved for future expansion.) 12-17 • SECTION 12.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Source: City Code Effective Date: 9-17-82 • 12-18 • CITY OF BURNSVILLE BARB ANDERSON, 895-4456 Auto dealerships are allowed in the following commercial and industrial districts, none specifically applying to auto dealerships: • B-3: General Business District, auto dealerships are allowed indoors, a conditional use permit is needed for outdoor sales. • B-4: Highway Commercial District, auto sales and rental are allowed, a conditional use permit is needed for outdoor sales. This district was created for a specific area to increase the retail and decrease the small scattered buildings and trucks. Only B-4 states autos and RVs, specifically to keep big trucks out. All others are decided on a case by case basis through conditional use permits. • I-1: Industrial Park District, auto sales are allowed but two conditional use permits would be needed, one to sell and one to display. • 1-2: General Industrial District, auto sales are allowed but two conditional use permits would be needed, one to sell and one to display The design of the auto dealership is controlled through the conditional use permit process. Design is also controlled through the sign ordinance. Barb Anderson thinks that the conditional use permit process performs as designed. The city can control how cars are displayed. If cars are parked on the grass, etc., city just reminds the dealership that it is inconsistent with their permit. This approach limits the carnival atmosphere. Auxiliary uses are permitted with auto dealerships. One dealership has a repair facility. It was originally established as a paint booth as either part of the PUD or with conditional use permit. When it was sold to the current owner, they applied to change it to a repair facility through the conditional use permit. With PUDs almost anything related could be built, except gas stations. If a business sell gas they cannot sell autos. This was written in response to a gas station owner who allowed used cars to be sold at the station. Advertising is addressed for the dealerships through the signing ordinance. Signage is correlated to the roadway classification of the road the business is on. The dealerships along the interstate have the biggest signs. There have been relatively few conflicts or issues with adjacent land uses as the auto dealerships are generally away from the residential areas. The issues that she is aware of include the following: • Exterior storage - Each fall the dealerships call the city to see if there are any vacant parcels they can use. The city tells them they need to make arrangements with someone who has an existing outdoor storage permit. Last year the conditional use permit of either Beaver Mountain water slide or Buck Hill ski area (both seasonal businesses) was changed to allow auto storage. This need of excess storage is a difficulty for the dealerships. • Vandalism - There is a high rate of vandalism on cars (stolen batteries and hubcaps) at lots. Police do comment on the conditional use permits. The city has a good relationship with the dealerships. When they revised their signing ordnance six years ago they included the dealerships in the process (although the dealerships were not pleased with the results). G1� oc7 B U i'J J i LLG 10-22 CHAPTER 22 B-3 GENERAL BUSINESS DISTRICT SECTION: 10-22-1 : Permitted Uses 10-22-2 : Permitted Accessory Uses _ 10-22-3 : Conditional Uses 10-22-3A: Interim Uses 10-22-4 : Lot Area, Lot Width and Yard Requirements 10-22-1 : PERMITTED USES : Within any B-3 General Business District, no structure or land shall be used except for one or more of the following uses : Any use permitted in the B-1 and B-2 Districts . Auto Accessory Store . - Automobile and other vehicles of transportation sales when conducted entirely within a building. - Auto repair. Boats and marine sales when conducted entirely within a building. Building material sales, provided it is conducted entirely within a building. Church Building. Commercial greenhouse provided it is conducted entirely within a - building. Diaper laundry service. Furniture sales . Garden supply store, provided it is conducted entirely within a building. Interior decorating studio. _ 10-22 Motels, motor hotels and hotels . Newspaper and publishing office. Optical and jewelry manufacturing. Pawnshop, licensed under Title 3 , Chapter 24 of the City Code; provided, that any such use shall not be located closer than one mile to any other such use, measured at the property lines, and that such use shall not be open to the public between the hours of nine o' clock (9 : 00) P .M. and nine o'clock (9 : 00) A.M. Pet shop provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside the building or the creation of an offensive odor or noise . Photographic supplies and processing of film and prints . Picture framing. Printing shop. Radio and television repair. Seat cover, upholstery and drapery shop. Sexually oriented businesses . 10-22-2 : PERMITTED ACCESSORY USES : Within any B-3 District, the following uses shall be permitted accessory uses : Any accessory use permitted in B-1 and B-2 District . Any incidental repair or processing necessary to conduct a permitted use so long as it does not exceed thirty percent (30%) of the floor space of the principal building. Sexually oriented businesses . 10-22-3 : CONDITIONAL USES : Within any B-3 District, no structure or land shall be used for the following uses except by a conditional use permit : Any conditional use allowed in B-1 and B-2 Districts . Animal hospital or clinic; kennel . Armories, convention halls, sports arenas and stadiums . 10-22 Bowling alleys, electronic game rooms, billiard and pool rooms, drive-in theaters, skating rinks, gymnasiums, night clubs, and fraternal organizations . Bus terminals . - Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop. Liquor stores . Nursery. - Office warehouse . Open sales lot, open rental lot, open storage lot . Stone and monument sales . Television and radio stations and transmitting towers . 10-22-3A: INTERIM USES : Within any B-3 General Business District, no structure or land shall be used for the following uses except by interim use permit . - Interim uses permitted in the B-1 district . Land reclamation, mining and soil processing. Recycling and reclamation of nonhazardous materials, when conducted entirely within a building. R I 10-22 10-22-4 : LOT AREA, LOT WIDTH AND YARD REQUIREMENTS : The following minimum requirements shall be observed subject to additional requirements and exceptions contained in Chapter 19 of this Title. Lot Area 20, 000 sq. ft . Lot Width 100 ft . Setback - Principal Structure Front Yard 30 (3 0) *f t . Side Yard 10 (30) ft . Side Yard 30 (30) ft . Rear Yard 30 (30) ft . Setback - Accessory Structure Front Yard 30 (30) *ft . _ Side Yard 10 (30) ft . Side Yard 30 (30) ft . Rear Yard - 30 (30) ft . Setback - Parking Front 10 (10) ft . • - Side Interior 5 (10) ft. Street Side 10 (10) ft . Rear Yard 10 (10) ft . _ Setbacks in parentheses apply adjacent to R-1, R-1A and R-2 Districts . *30 feet or 1% times the building height, whichever is greater. 10-22 Bowling alleys, electronic game rooms, billiard and pool rooms, drive-in theaters, skating rinks, gymnasiums, night clubs, and fraternal organizations . Bus terminals . Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop. Liquor stores . Nursery. Office warehouse . Open sales lot, open rental lot, open storage lot . Stone and monument sales . Television and radio stations and transmitting towers . 10-22-3A: INTERIM USES : Within any B-3 General Business District, no structure or land shall be used for the following uses except by interim use permit . Interim uses permitted in the B-i district . Land reclamation, mining and soil processing. - Recycling and reclamation of nonhazardous materials, when conducted entirely within a building. F J('`tiS '`l LL 10-22A-1 10-22A-2 CHAPTER 22A B-4 HIGHWAY COMMERCIAL DISTRICT SECTION: 10-22A-1: Intent and Purpose 10-22A-2 : Permitted Uses 10-22A-3 : Permitted Accessory Uses 10-22A-4 : Conditional Uses 10-22A-4A: Interim Uses 10-22A-5 : Special Minimum Standards 10-22A-6: Lot Area, Lot Width and Yard Requirements 10-22A-1 : INTENT AND PURPOSE: (A) The purpose of this zoning district is to provide for a mixture of commercial, office, and light industrial land uses, made mutually compatible through the enforcement of performance standards, to encourage and accommodate high quality, large scale development opportunities along intermediate arterial roadways within the City. 10-22A-2 : PERMITTED USES: Within any B-4 Highway Commercial District no structure or land shall be used except for one or more of the following uses: Art studio. Auto repair. Auto sales and rental. Auto washing. Bakery. Bicycle sales and repair. Boat sales. Building material sales. Bus terminal. 10-22A-2 10-22A-2 Camera and photographic supply and processing store. Child care. Christmas tree sales lot (subject to seasonal permit) . Clinic and Hospital. Commercial off-street parking. Consumer convenience services. Consumer repair services. Dry cleaning and laundry pickup stations including incidental pressing and repair. Exterminating services. Financial services. Fraternal organizations, provided the structure in which the use is located is at least 100 feet from any residential zoning district. Garden supply store with no outdoor storage or display. General retail sales. Greenhouse (commercial) with no outdoor storage or display. Grocery store, fruit or vegetable store. Health club. Indoor sports and recreation or entertainment, provided the structure in which the use is located is at least 100 feet from _. any residential zoning district. Interior decorating studio. Kennel. Laundry. Library. Liquor store. Medical and dental clinic or offices. 10-22A-2 10-22A-2 Mortuary. Motel and hotel. Museum. Music studio. Newspaper and publishing facility. Office building. Office and wholesale showroom. Office warehouse. Optical and jewelry manufacturing. Personal services. Pet services. Photographic studio, supplies, and processing. Picture framing. Post office. Printing shop. Radio and television studios. Recreational vehicle sales. Research center. Restaurants - Freestanding - Minimum 5, 000 square feet. Restaurant within a building having a principal use other than a restaurant. School. Seat cover and upholstery shop. Tavern. Veterinary services. 10-22A-3 10-22A-4 10-22A-3 : PERMITTED ACCESSORY USES: Within any B-4 District, the following uses shall be permitted accessory uses: Any incidental repair or processing necessary to conduct a permitted use so long as it does not exceed thirty percent (30%) of the floor space of the principal building. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete construction. Private garages, off-street parking and loading spaces as regulated in this Title. Public telephone booths. Signs as regulated in this Title. Tenant restaurants, cafeterias, and retail service limited to tenants of the building, provided that they be essentially limited to providing service to the users of the permitted use, and that no signs or other evidence of these uses are visible from the exterior of the building. 10-22A-4 : CONDITIONAL USES: Within a B-4 District, no structure or land shall be used for the following uses except by a Conditional Use Permit. Electrical contractor. Heating and air conditioning dealer. Radio and television transmitting tower. Essential service structure. Armory, convention hall. Outdoor sports, recreation, or entertainment facilities. Plumbing contractor. Outdoor storage, outdoor operations of a permitted use, outdoor display and open sales/rental lots when accessory to a permitted use. These uses shall comply with the following requirements: 10-22A-4 10-22A-5 Open Storage Shall be 100 percent (100%) screened from street level by means of a combination of fencing, landscaping, berming and building placement. Developer shall submit site plans and sections illustrating sight lines from neighboring properties. Shall have a permanent structure on the parcel. Open Sales Lot Shall have permanent structure on parcel. Car lots shall have landscaped screen to height of headlights on vehicles on display lot. Eight percent (8%) of the interior of the sales lot shall be landscaped. Said landscaping shall count toward meeting the - twenty-five percent (25%) requirement for the site. All parking delineation islands and peninsulas shall be landscaped with a minimum of one ornamental or overstory tree per island or peninsula. 10-22A-4A: INTERIM USES: Within any B-4 Highway Commercial - District, no structure or land shall be used for the following uses except by Interim Use Permit. _ Outdoor theaters, including drive-ins. Land reclamation, mining and soil processing. (Ord. 396, 1-22-91) Recycling and reclamation of nonhazardous materials, when conducted entirely within a building. Required structures need not be accessory structures and need not comply with paragraph 2 of the special minimum requirements of Section 10-19-1 (A) . (Ord. 375, 7-2-90) 10-22A-5: SPECIAL MINIMUM STANDARDS: (A) All uses except restaurants, shall be located within a principal building with a minimum gross floor area of 10, 000 square feet. Restaurants have a minimum floor area of 5, 000 square feet, and can be free-standing structures. 10-22A-6 10-22A-6 10-22A-6: LOT AREA, LOT WIDTH AND YARD REQUIREMENTS: Lot Area 40, 000 sq. ft. Lot Width 150 ft. Setback - Principal Structure Front Yard 40 (40) ft. Side Yard 20 (30) ft. Side Yard (Street) 40 (40) ft. Rear Yard 40 (40) ft. Setback - Accessory Structure Front Yard 40 (40) ft. Side Yard 15 (30) ft. Side Yard (Street) 40 (40) ft. Rear Yard 40 (40) ft. Setback - Parking Front Yard 20 (30) ft. Side Yard 15 (30) ft. Side Yard (Street) 20 (30) ft. Rear Yard 15 (30) ft. Setbacks in parentheses apply to lots that abut any residential zoning district. (Ord. 364, 2-20-90) t V'K_KJ V l LZL- 10-24-1 10-24-1 CHAPTER 24 I-1 INDUSTRIAL PARK DISTRICT SECTION: 10-24-1: Permitted Uses 10-24-2 : Permitted Accessory Uses 10-24-3 : Conditional Uses 10-24-3A: Int3rim Uses 10-24-4 : Lot Area, Lot Widths and Yard Requirements 10-24-1: PERMITTED USES: Within any I-1 Industrial Park District, no structure or land shall be used except for one or more of the following uses: - Conducting a process, fabricating, wholesale operation or providing a service including any of the following meeting the performance standards applicable to the I-1 District. Automobile upholstery, tire recapping and major repair when conducted entirely within an enclosed building. - Bottling works. Day care nursery. Laundries. Machine shops. Motor vehicle terminal and maintenance garage. Off-street parking and loading. Office warehouse. Paper products from previously processed paper. Radio and television studios. Research laboratories. Temporary/seasonal outdoor sales uses, subject to the provisions of Section 10-19-2-1 of this Title. (Ord. 315, 3-21-88) 10-24-1 10-24-3A Trade or business school. Warehousing and wholesaling. (Ord. 244, 11-15-82 ; amd. Ord. 315, 3-21-88) 10-24-2 : PERMITTED ACCESSORY USES: Within the I-1 Industrial Park District, the following uses shall be permitted accessory uses: Signs as regulated by this Title. Off-street parking and loading as regulated by this Title. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. 10-24-3 : CONDITIONAL USES: Within the I-1 Industrial Park District, no structure or land shall be used for the following uses except by Conditional Use Permit: Armories, convention halls, sports arenas and stadiums. Conditional uses as allowed in the B-3 District. Contractors ' yards when contained within a building or a completely fenced area. Essential service structures. Firearm range. Heliports. Open sales rental and storage lots. Radio and television transmitting towers. (Ord. 244, 11-15-82) Recycling center, non-hazardous resource recovery facility, when conducted entirely within a building. (Ord. 328, 9-19-88) Retail sales. 10-24-3A: INTERIM USES: Within any I-1 Industrial Park District, no structure or land shall be used for the following uses except by Interim Use Permit. 10-24-3A 10-24-4 Interim uses permitted in the B-1 district, not including target, - trap, and skeet shooting ranges. Land reclamation, mining and soil processing. (Ord. 396, 1-22-91) Miniature golf courses. Required structures need not be accessory structures and need not comply with paragraph 2 of the special minimum requirements of Section 10-23-1(A) . The landscaping requirements of Section 10-23-1 (B) may be waived where appropriate. (Ord. 375, 7-2-90) 10-24-4 : LOT AREA, LOT WIDTHS AND YARD REQUIREMENTS: _ (A) Not more than thirty percent (30%) of the lot area shall be occupied by buildings. (B) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Section and Chapter 23 of this Title. Lot Area 40, 000 sq. ft. Lot Width 150 ft. Setback - Principal Structure Front Yard 40* (60) ft. Side Yard 20 (40) ft. Side Yard (Street) 40 (40) ft. Rear Yard 20 (60) ft. Setback - Accessory Structure Front Yard 40 (60) ft. Side Yard 10 (20) ft. Side Yard (Street) 40 (40) ft. Rear Yard 20 (20) ft. Setback - Parking Front 20 (20) ft. Side Interior 15 (20) ft. Street Side 15 (20) ft. Rear Yard 15 (20) ft. Setback in parentheses apply adjacent to R-1, R-1A and R-2 Districts. (Ord. 244 , 11-15-82) *Plus 1 foot for every 1 foot of building height over 30 feet (maximum setback of 80 feet) . LA TN Ur L :.KN vt 10-25-1 10-25-3 CHAPTER 25 I-2 GENERAL INDUSTRY DISTRICT SECTION: 10-25-1: Permitted Uses 10-25-2 : Permitted Accessory Uses 10-25-3 : Conditional Uses 10-25-3A: Interim Uses 10-25-4 : Lot Area, Lot Width and Yard Requirements 10-25-1: PERMITTED USES: Within any I-2 Industry District, no structure or land shall be used except for one of more of the following uses: - Any use permitted in the I-1 District as regulated therein. The manufacturing, compounding, assembly packaging, treatment or storage of the following products or materials: brewing, cement, concrete, stone cutting, brick, glass, batteries (wet cell) , ceramic products, mill working, metal polishing and plating, paint (pigment manufacturing) , rubber products, plastics, meat packing, flour, feed, grain milling, sawmill, lime, plaster of paris, cloth, adhesives. Crude oil, gasoline or other liquid storage tanks. 10-25-2 : PERMITTED ACCESSORY USES: Within any I-2 General Industry District, the following uses shall be permitted accessory uses: Accessory uses permitted in I-1 Industrial Park District. 10-25-3 : CONDITIONAL USES: Within the I-2 General Industry District, no structure or land shall be used for the following uses except by Conditional Use Permit: Acid manufacture. Any Conditional Use Permitted in the I-1 District. Auto wrecking, junk yard, used auto parks (open storage) . 10-25-3 10-25-4 Explosives including all uses, storage or manufacture of materials or products such as TNT or dynamite which would decompose by detonation. Firearm range. Incineration or reduction of waste material other than customarily incidental to a principal use. Kilns or other heat processes fired by means other than electricity. Open storage (primary or secondary use) . (Ord. 224, 11-15-82) Rail unloading facility. (Ord. 275, 4-1-85) Refuse and garbage disposal. Storage, use or manufacture of materials or products which could decompose by detonation. Truck or freight terminal. 10-25-3A: INTERIM USES: Within any I-2 General Industry District, no structure or land shall be used for the following uses except by Interim Use Permit. Interim uses permitted in the I-1 District. (Ord. 375, 7-2-90) 10-25-4 : LOT AREA, LOT WIDTHS AND YARD REQUIREMENTS: (A) Not more than fifty percent (50%) of the lot area shall be occupied by buildings. (B) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Chapter and Chapter 18 of this Title. Lot Area 40, 000 sq. ft. Lot Width 100 ft. Setback - Principal Structure Front Yard 40 (50) ft. Side Yard 15 (50) ft. Side Yard (Street) 40 (50) ft. Rear Yard 30 (50) ft. 10-25-4 10-25-4 B) Setback - Accessory Structure Front Yard 40 (50) ft. Side Yard 15 (50) ft. Side Yard (Street) 40 (50) ft. Rear Yard 30 (50) ft. Setback - Parking Front 10 (20) ft. Side Interior 5 (20) ft. Street Side 10 (20) ft. Rear Yard 5 (20) ft. Setbacks in parentheses apply adjacent to R-1, R-1A, and R-2 Districts. (Ord. 244, 11-15-82) C-trI 10-30 CHAPTER 30 SIGNS SECTION: 10-30- 1 : Purpose 10-30- 2 : Definitions 10-30- 3 : General Provisions 10-30- 4 : Allowable and Prohibited Signs 10-30- 5 : Special Events 10-30- 6 : Signs Allowed by Permit in R-1, R-1A, R-2, R-3A, R-3B, R-3C, R-3D Districts 10-30- 7 : Signs Allowed by Permit in B-1, B-2 , B-3 , B-4 , I-i, I-2 , I-3 Districts 10-30- 8 : Free-Standing Signs 10-30- 9 : Billboards and Other Off-Premise Advertising Signs 10-30-10 : Off-Premise Directional Sign 10-30-11 : Permit, Inspection and Fee Required 10-30-12 : Unsafe and Illegal Sign, Notice 10-30-13 : Existing Signs 10-30-14 : Sign Construction and Maintenance 10-30-15 : Removal of Signs 10-30-1 : PURPOSE: The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety, aesthetics, economic welfare and general welfare of the community. Signs have an impact on the character and quality of the environment as a prominent part of the scenery; they attract or repel the viewing public, affect the safety of vehicular — traffic; their suitability or appropriateness helps to set the tone of the neighborhood. The following standards in this Chapter are, therefore, adopted to regulate signs . 10-30-2 : DEFINITIONS: For purposes of this Chapter, the following words and terms are defined as follows : ADDRESS SIGN: A sign communicating street address only, whether script or in numerical form. 10-30 ADVERTISING: The copy or graphics on a sign describing the owner's name or — intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property offered to — the public. ALTERATION: Refers to any major alteration to a — sign, but shall not include routine maintenance or painting. AREA IDENTIFICATION SIGN: A free standing sign which identifies the name of a residential subdivision consisting of fifty (50) or more lots; a multiple residential complex consisting of twenty (20) or more units or three (3) or more structures; an office, business or — industrial structure containing three (3) or more independent concerns; a single business and/or industrial complex consisting of three (3) or more separate structures existing on individual platted lots or as a planned unit development; a mobile — home court; or any integrated combination of the above. Said sign shall be limited only to the identification of an area or complex and shall not contain the name of individual owners or tenants nor contain advertising. AWNING: A temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building. BALLOON: A flexible, nonporous bag inflated with air or a gas lighter than air, such as helium. Various shapes and — colors. BANNERETTE: A sheet of fabric or plastic that — resembles a flag, and has minimum dimensions of two feet by two feet (2' x 2' ) . Smaller sized bannerettes are defined as pennants. 10-30 BANNERS : Attention-getting devices which are of a paper, cloth or plastic-like consistency, affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners . BILLBOARD: See off-premises advertising sign. BUILDING FACADE: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. BUSINESS SIGN: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premise where such sign is located. CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a government office, or promoting an issue to be voted on at a governmental election. CANOPY SIGN: The area of copy, graphic or identification which is affixed to a projection or extension of a building or structure, erected in such a. manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. The portion of the canopy, projection, or other architectural feature which contains no copy or graphic identification, whether illuminated or not, shall not be defined as signage . COPY AND GRAPHIC: The wording and other display messages, such as logos or symbols, on a sign. 1 - 10-30 CONSTRUCTION SIGN: A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier and other involved parties. CRITERIA, SIGN: An overall sign system for a structure or project to be established by owner or owner' s — association (as in the case of a condominium) shall include the following components: height, location, size, number, type, basic decorative theme, design, decor and material of signs to be placed on the buildings or property. DIRECTIONAL SIGN, A sign erected on private property ON PREMISE: which contains no advertising, and is specifically intended to facilitate the safe movement of pedestrians and vehicles into, out of and circulating upon the site on which such signs are located. DIRECTIONAL SIGN, A directional sign located upon — OFF PREMISE: property other than the lot of a development or use for which off-site direction is intended. — DIRECTORY SIGN: An exterior informational wall sign which identifies the names of businesses or tenants served by a common public entrance to a building. FLAG: A piece of cloth or bunting varying — in color and design, used as a symbol, standard, emblem or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal or similar organization. FLASHING SIGN: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated. FREE STANDING SIGN: Any stationary self-supported sign — not affixed to any other structure. 10-30 GOVERNMENTAL SIGN: A sign which is erected by a governmental unit for identification or traffic. GROUND MONUMENT SIGN: Any sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a free-standing support structure, is typically solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. GROUND MONUMENT SIGN, The gross sign area of copy and COPY and GRAPHIC: graphic attached to or incorporated as a part of the sign. ILLUMINATED SIGN: Any sign which is lighted by an artificial light source either external or from an internal source . Illuminated architectural features or portions thereof which contain no copy or graphics shall not be defined as an illuminated sign. ILLUMINATION, EXTERNAL: A light source which is not internal to the sign. ILLUMINATION, INTERNAL: A light source within the sign. INFORMATION SIGN: Any sign giving information to employees, visitors or delivery vehicles, but containing no advertising or identification. INSTITUTIONAL SIGN: A sign which identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located. INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumental citations, commemorative 10-30 tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the structure . LASER: Any device that can be made to produce or amplify electromagnetic - radiation at wavelengths greater than two hundred fifty (250) nautical miles (nm) but less than or equal to thirteen thousand (13 , 000) nm or, after August 20, 1986, at wavelengths equal to or grater than one hundred eighty (180) nm but less than or equal to 1 . 0X10 (6th) nm primarily by the process of controlled stimulated emission as defined by the U. S . Department of Health and Human Services HHS Publication FDA 88-8035 . MARQUEE : See Canopy. MOTION SIGN: Any sign which revolves, rotates, has any moving parts or gives the illusion of motion. OFF-PREMISES A billboard, poster panel, painted ADVERTISING SIGN: bulletin board or other communicative device which is used to advertise products, goods, services, ideas or noncommercial speech which are not exclusively related to the premises or owner of the property on which the sign is located. PARAPET: A low wall which is located on a roof of a building. PENNANTS : Small flags of triangular or different shapes that are typically plastic or cloth. PORTABLE SIGN: A sign so designed as to be movable from one location to another, and _ which is not permanently attached to 10-30 the ground, sales display device or structure . PUBLIC ENTRANCE: Any passage or opening which affords entry and access to a structure by the general public or customer. PUBLIC ENTRANCE, COMMON: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants . PUBLIC ENTRANCE, EXCLUSIVE : A public entrance under the exclusive control and providing access to one tenant or building occupant . REAL ESTATE SIGN: A business sign placed upon a property advertising that particular property for sale, for rent or for lease . RIBBONS OR STREAMERS: Long or varied lengths of cloth, plastic or paper used to decorate . ROOF LINE : The top of the coping; or, when the building has a pitched roof, as the intersection of the outside wall with the roof . ROOF SIGN: Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. ROTATING SIGN: A sign which revolves or rotates on its axis by mechanical means . RUMMAGE SALE: An infrequent temporary display and sale by an occupant on his premises of personal property, including general household rummage, used clothing and appliances. SEARCHLIGHT: A powerful light equipped with a reflector to produce a bright beam. SERVICE ENTRANCE : Secondary passage or opening to a structure which is intended for 10-30 delivery and removal of merchandise or goods, and which is not intended _ as a public entrance . SIGN: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in view of the general public, or inside of a building within three feet (3 ' ) of a transparent window. A sign shall be considered as a structure or a part of a structure for the purpose of - applying yard and height regulations except as herein provided. SIGN AREA, The maximum allowable gross surface MAXIMUM ALLOWABLE : surface area in square feet of a sign or signs. The maximum number of _ signs cannot be arranged and integrated so as to create a cumulative gross sign area in excess of such requirements as may be applicable. SIGN, GROSS AREA: That area with the marginal lines of the surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, that area which is included in the smallest rectangle which can be made to circumscribe the message, figure or symbol displayed thereon. SIGN, MAXIMUM HEIGHT OF: The vertical distance measured from the highest adjacent grade, within one foot (1' ) of the base of the sign, to the top of a sign. _ SIGN, MINIMUM HEIGHT OF: The vertical distance measured from the nearest finished grade to the lower limit of such sign. 10-30 SIGN, MULTI-FACED: Any pylon sign with a sign face oriented to more than two (2) directions . SIGN, NAMEPLATE: Any sign which states the name or address or both of a business or occupant of the lot where the sign is placed or may be a directory listing of names, addresses and business of occupants . SIGN, PROJECTING: A sign other than a wall sign which is perpendicular to and projects from a building and is supported by a wall of a building or structure. SIGN, PUBLIC A sign designating the current INFORMATION SERVICE : time and/or temperature and/or stock market data on the exterior of a building or pylon so as to be viewed by the passing public from a public right of way. SIGN, PYLON: A sign erected on free-standing shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one sign though it may have two (2) faces . — SIGN, READER BOARD: Any sign having letters not permanently affixed to the sign face . The intent of the changeable copy is to permit the owners of these signs to place messages corresponding to promotions or events at their establishments . SIGN SETBACK: For purposes of these regulations, the term setback shall apply to all portions of the sign, sign structure, ground monument or supports thereof . SIGN STRUCTURE : The supports, uprights, bracing and framework for a sign including the • sign area . SPINNER: An advertising device that rotates . Typically fabricated of plastic, metal or cloth. 10-30 STREET FRONTAGE: The proximity of a parcel of land to one or more streets . An interior lot - has one street frontage and a corner lot has two (2) or more frontages . TEMPORARY SIGN: Any sign which is erected or displayed for a special period of time, and not of a permanent nature. WALL GRAPHICS :_ A sign which is painted directly on an exterior wall surface . WALL SIGN: A sign which is affixed to the exterior wall of a building and which is parallel to the building wall . A _ wall sign does not project more than twelve inches (12" ) from the surface to which it is attached, nor extend beyond the top of the parapet wall . Banners do not qualify as a wall sign. WHIRLING DEVICE: Any attention getting device that twirls or spins by control of wind or mechanical means . WINDOW SIGN: A sign affixed to or inside of a window in view of the general public . This does not include merchandise on display. WINDSOCK: A large, roughly conical device open _ at both ends and attached to a stand by a pivot so that the wind blows through it. 10-30-3 : GENERAL PROVISIONS: (A) No sign permitted by this Title shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic . No private sign shall contain words which might be construed as traffic controls, such as "Stop" , "Caution" , "Warning" , etc . , unless such sign is intended to direct traffic on the premises , 10-30 (B) All signs and sign structures shall be property maintained and shall be kept in a safe, orderly condition. In addition, all signs used on a single building shall be repainted, repaired or replaced. (C) No sign shall be attached to hang from any building until all necessary wall attachments have been approved by the City. (D) No sign shall be erected, placed or maintained by any person on rocks, fences, trees, power and light poles or the supports thereof . (E) When electrical signs are installed, the installation shall be subject t.o the State' s Electrical Code and overhead electrical wiring shall not be allowed. (F) No signs other than governmental signs shall be erected or temporarily placed within any street rights of way or upon any public lands or easements or rights of way, except by conditional use permit . (G) All temporary sign permittees shall have affixed to the sign or in close proximity so as to be readily visible, the owner' s permit and date of installation. (H) No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape . (I) Window signage shall not exceed twenty-five percent (250 of the total area of the window elevation on a building side in which they are displayed. Lettering used in window signage exceeding three and one-half inches (3-1/2") in height shall be debited against the total signage permitted. (J) Except for farm buildings, a minimum of one address sign identifying the correct property number as assigned by the City shall be required on each principal building in all - districts . Such sign shall be of sufficient size to be lgible from the nearest street yet shall not exceed nine CO square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one-half inches (3-1/2" ) in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street . (K) Sign structures not used for signing for twelve (12) consecutive months shall be removed. 10-30 (L) The Planning Commission may grant approval to locate seasonal/holiday decorations on or within the right of way _ for a specified period of time not to exceed sixty (60) days . 1 . The following types of seasonal/holiday signs and decorations may be approved: a . Shaped figures shall not exceed thirty-two (32) square feet in overall size, and shall not be placed within the sight triangle as defined in Section 10-7-6 , unless such placement does not create an obstruction of vision or other hazardous conditions . The illumination of such figures shall comply with the lighting requirements of this Chapter. b. Ribbons not exceeding six inches in width and four — feet in length (6" x 4 ' ) may be attached to any post, pole or tree . c . Decorations may be attached to street light poles provided that each decoration shall not exceed twenty-four (24) square feet in overall size, shall comply with the _ lighting requirements of this Chapter, and shall be approved by the Director of Public Works . d. Non-flashing lights may be placed in and around trees and shrubs, and shall comply with the requirements of Section 10-30-3 (A) . 2 . No person shall erect or place any seasonal/holiday decoration on or within the right of way without first executing with the City a hold-harmless agreement to indemnify and relieve the City from all liability. (M) All signs shall incorporate materials and colors which are compatible with the building upon which the sign is located. Compatible shall include, but is not limited to, materials which are consistent with the principal architectural features and colors of the building (s) being identified. All signs shall be of good quality, and shall be designed to include a minimal amount of attractive and tasteful colors and design elements . The layout of the sign shall give the sign a neat and orderly appearance . (N) Signs supported by guy wire are prohibited. (0) In all B-1 and B-2 districts and where signs are visible from adjacent residential districts, business signs may only be illuminated during hours the business is open for business, or until eleven o' clock (11 : 00) p.m. - 10-30 (P) Lighting for signs, where permitted, shall be internal or external . Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If a wall sign is mounted above the first floor of a building, the illumination, if any, shall be internal . (0) No more than three (3) flags may be displayed outside of a building. This number may, however, be increased to a total of six (6) flags provided a permit is issued and the following standards are met : 1. No two flags may be the same. 2 . There shall be no more than one (1) corporate flag allowed. 3 . Where multiple flag poles are used, there shall be a maximum spacing of twenty feet (20' ) allowed between the poles . (R) Except as may be approved by a sign permit in accordance with these regulations, the maximum angle permitted between faces of a double face free standing sign is sixty degrees (60° ) . (S) Illuminated architectural features or portions thereof, not defined as signage or a canopy sign, shall be applied at the rate of one-third (1/3) the architectural feature area toward the maximum allowable sign area permitted under Sign Table A in Section 10-30-7 . Illuminated architectural features shall include, but not be limited to, wall, roof and window mounted neon, illuminated sign bands, backlit — canopies, awnings or wall banding features, etc . 10-30-4 : ALLOWABLE AND PROHIBITED SIGNS: (A) Allowable Signs : The following signs, except as otherwise specified, are allowed without a permit in all zoning districts . These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Title . 10-30 A) 1 . Governmental Signs : Signs of a public, noncommercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty. 2 . Permanent Free-standing or Wall Directional Signs, On Premise : On premise directional signs, not exceeding four (4) square feet in area. 3 . Integral Signs : Names on buildings, date of construction, commemorative tablet and the like, which do not exceed nine (9) square feet in area . 4 . Campaign Signs : Signs or posters announcing candidates seeking political office, or issues to be voted upon at a public election. Such sign must contain the name and address of person (s) responsible for such sign and that person (s) shall be responsible for its removal . These signs shall remain for no longer than sixty five (65) days before and five (5) days after the election for which they are intended. Campaign Signs shall not be placed upon public right of way or property and should be erected with permission of the property owner or lessee . Those installing campaign signs shall comply with the Fair Campaign Practices Act contained in State of Minnesota Statutes Chapter 211B . 5 . Holiday Signs : Signs or displays which contain or depict messages pertaining to a national, state or local holiday and no other matter and which are displayed over a period not to exceed sixty (60) days . 6 . Residential Security System Signs : All signs identifying the presence of a residential security system are allowed and are not to exceed one (1) square foot with one (1) sign per driveway connection to a public right of way. 10-30 A) 7 . Individual Property Sale, Lease or Rental Sign: Any on- premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. Signs must be removed within ten (10) days after sale or rental of property. Signs shall be professionally designed and painted on all sides, including support posts . Free-standing signs shall be properly anchored into the ground and shall not be erected on a portable frame assembly. Signs may not measure more than twelve (12) square feet in one- and two-family districts, nor more than forty (40) square feet in all other districts . The forty (40) square feet limitation may be increased to sixty-four (64) square feet, provided a permit is issued and the following standards are met : a . The sign shall be a maximum height of twelve (12) feet . b. The sign shall be set back from the front property line one (1) foot per one (1) foot of sign height . • c . The sign shall front upon a Principal or Intermediate Arteri::l Street with speeds of 50 mph or greater, or upon County Road 42 west of the intersection with County Road 5 to the City Limits . d. The sign shall be non-illuminated. There shall be only one sign per property, except corner properties which may have one sign on each street frontage . 8 . Free-standing Construction Signs : A non-illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined to the site of the construction, alteration or repair, and shall be removed when the particular project or building under continuous construction is issued the first certificate of occupancy. No more than one construction sign shall be allowed on each major street frontage the project abuts. No sign may exceed forty-eight (48) square feet . 10-30 A) 9 . Real Estate Development Project Signs : For the purpose of selling or promoting a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project site . For projects of twenty-six (2 6) through fifty (5 0) acres, one or two (2) signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty-one (51) acres, one, two (2) or three (3) signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-five feet (25' ) exclusive of supporting structures . Such sign shall not remain after ninety five percent (95%) of the project is developed. The signs shall be bordered with a decorative material compatible with the surrounding area. If such signs are lighted, they shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business . Real estate development signs - are allowed in all zoning districts by permit . 10 . Rummage Sale Signs : On-site and off-premise signs advertising a rummage sale shall not exceed four (4) square feet and shall be removed at the termination of the sale. 11 . One name plate sign for each dwelling and not exceeding two (2) square feet in area per surface. No signs shall be so constructed as to have more than two (2) surfaces . 12 . One name plate for each dwelling group of six (6) or more units . Such sign shall not exceed six (6) square feet in area per surface . No sign shall be constructed to have more than two (2) surfaces . 13 . Vehicle Sales Signs : Painted or applied graphic messages may be used on the windows of any vehicles on display in approved open sales lots . The letter height for these signs shall not exceed twelve (12) inches . 14 . Off-premise directional signs authorized under Section 10-30-10 . 15 . One (1) temporary real estate open house signs not exceeding twenty eight inches (28" ) by twenty eight inches (28 " ) may be installed on-site during an open house event . (B) Prohibited Signs : The following signs are prohibited in all zoning districts : 10-30 B) 1 . Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 2 . Any sign which contains or imitates an official traffic sign or signal, except for private, on-premise directional signs . 3 . Off-premise advertising signs except as regulated herein. 4 . Business signs on or attached to equipment, such as semi-truck trailers, being used in such a manner, on either a temporary or permanent basis, that signing is a principal use of the equipment, except as a temporary sign allowed by permit for a period not to exceed seven (7) consecutive days nor fourteen (14) days in a calendar year. 5 . Any sign which moves or rotates including electronic reader board signs, except time and temperature information = signs and barber poles . 6 . No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, or shall it be animated, except time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal . This includes indoor signs which are visible from public streets . 7 . Projecting signs . 8 . Roof signs . 9 . Any sign which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by temporary permit in accordance with the provisions as set forth in subsection 10-30-5 and subsection 10 -30-7 (5) of these regulations . 10 . Portable signs, that are designed or intended to be moved or transported, including but not limited to trailer signs, sandwich board or A- or T-frame signs or other unapproved signs temporarily or permanently attached to or placed on the ground or attached to or held by persons, a structure, or other signs . 10-30 B) 11 . Wall graphics, unapproved temporary signs or signs affixed by any adhesive materials directly on building walls . 12 . Signs which advertise an activity, business, product or service that has not been produced or conducted on the premises for more than thirty (30) days . 13 . Illuminated signs or spotlights giving off an intermittent or rotating beam existing as a collection or concentration of rays of light . 14 . Searchlights, revolving beacons, beamed lights and lasers, or similar devices . 15 . Multi-faced signs . 10-30-5 : SPECIAL EVENTS : Special events allowed by temporary - permit : (A) Special event signs and lot decorations shall be prohibited except as may be permitted by temporary permit per lot . For purposes of this Section, a "lot" shall include, but not be limited to, a group of lots whereby a subdivision has occurred which creates multiple fee simple ownerships of a large building, center or development . (B) The number of these temporary special event permits issued per calendar year per lot and the number of consecutive calendar days for each permit shall not exceed the maximums as set forth in the following zoning districts, except that each public and institutional conditional use in residential districts may be issued permits as prescribed for uses in the B-1 and B-2 districts : Zoning District Events/Year Days/Event All Residential 0 0 and I-3 B-i and B-2 2 4 I-i and I-2 6 10 B-3 and B-4 6 10 Where there are twelve (12) or more tenants in a multi- tenant center or building, the number of permitted events - may be increased to twelve (12) , provided there are no more than a total of sixty (60) event days per calendar year per lot . 10-30 (C) During these special events, business hours may be extended until midnight, but opening hours shall be the same as usual . (D) The advertising devices described below are permitted for special events in addition to the maximum allowable sign area, provided the following standards are met and complied with: 1 . Small Balloons : a. The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension. b. Small balloons may be multi-colored and incorporate logos and messages. c . Helium balloons shall be refilled daily. 2 . Tents : a. One tent per event. b. Tents, including all ties, ropes, stakes, etc . , shall be located entirely upon the permittee' s property and shall comply with the City' s setback requirements for accessory buildings . 3 . Bannerettes : a . Bannerettes may be used on light standards or flag poles . b. No more than one bannerette shall be allowed per standard or pole . c . Bannerettes shall contain no logos or messages . d. Bannerettes shall be smaller than any U.S . flag on the property, and no larger than three feet by five feet (3 ' x 5' ) . e . Bannerettes shall not be flown at a height greater than any U. S . flag allowed on the property. 4 . Banners : a . Banners may be attached to poles or buildings, provided they are well secured and are prevented from being blown around uncontrollably by the wind. b. No more than two (2) banners shall be allowed. 10-30 D, 4) c . Banners may contain logos and messages . d. Banners shall not be larger than one hundred (100) square feet nor higher than the wall of the principal building on the lot . e . Banners shall be of a professional quality. (E) The advertising devices or activities described below are prohibited for special events : 1 . Pennants, spinners, windsocks, streamers, ribbons, whirling devices, light bulb strings, flashing lights, portable trailer signs, portable electric signals, portable sandwich board or A-frame signs, searchlights and lasers . 2 . Displays or special features on any landscaped areas or on roofs . 3 . Aerial rides . 4 . Large balloons or collections of small balloons exceeding two (2) feet in diameter. 5 . Additional lighting that does not meet City Code . 6 . Any advertising device in the public right of way. (F) Grand Opening Special Event Lot Decorations : 1 . Any new business in any non-residential zoning district may hold one (1) grand opening special event within one month of when the business first opens its doors to its customers . Said event shall not be repeated or used to celebrate the grand opening of other businesses at other locations or be used to celebrate mere name changes of existing businesses, unless there is also a change of the business owners . 2 . An event shall be limited in length to ten (10) consecutive calendar days . 3 . An event shall comply with the same regulations as those for other special events . 4 . Grand opening special events shall not be applied toward the number of events permitted per lot. 10-30 (G) Permit requirements for special event lot decorations are as follows : Before any special event signs or decorations shall be permitted to be used for an event, the responsible lo: owner or organization shall submit a completed apthcation for a permit with the Community Development Department . In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event . Only after the Department issues the permit, may a business display the special event signs and decorations . Applicants who have received a citation for violation of the special event or prohibited sign regulations shall not be issued a special event permit for twelve (12) months after the date of such citation. Applicants who have received two (2) or more citations for the same or similar offense shall not be issued a special event permit for twenty four (24) months after the date of the most recent citation. (H) Violations : 1 . It shall be considered a violation for any person, company or organization to provide, erect or display any searchlights, balloons or other advertised device which is not in conformity with the provisions of this Section. 2 . Special event signs and decorations shall be removed on the last day of the special event . If signs and decorations remain after the last day of said special event, a citation shall be immediately issued for that lot by the zoning officer. 10-30-6 : SIGNS ALLOWED BY PERMIT IN R-1, R-1A, R-2, R-3A, R-3B, R-3C, R-3D DISTRICTS : (A) Name Plate Signs: Any name plate signs over two (2) square feet shall be set back at least ten feet (10' ) from any property line . No sign shall exceed ten feet (10' ) in height above the average grade level . Signs may be illuminated, but such lighting shall be diffused or indirect and not illuminate beyond any lot line . Any sign over ten (10) square feet may project only two feet (2' ) over any required yard area. 10-30 (B) Free-standing signs shall be permitted for the purpose of permanent identification of residential areas . At each — principal entrance to such an area, a maximum of two (2) signs, not to exceed twenty (20) square feet per sign (of actual sign area exclusive of walls or supports) , shall be allowed, Larger signs may be allowed as part of a planned unit development or conditional use permit . 10-30-7 : SIGNS ALLOWED BY PERMIT IN B-1, B-2, B-3 , B-4 , I-1, I-2, I-3 DISTRICTS : Wall signs may be approved by permit in all business and industrial districts subject to the following standards as set forth herein: (A) The maximum number of wall signs on any principal building shall be two (2) , and in all cases, each sign shall be placed on a separate building facade, with or without street frontage . The maximum number of wall signs allowed may be increased by conditional use permit, provided the following minimum standards are considered and satisfactorily met : 1. There shall be no outdoor storage or display of products, equipment or materials upon the lot . 2 . There shall be no pylon sign or ground monument sign exceeding six feet (6 ' ) in height upon the lot . 3 . The design, size, lighting, location and other features of additional wall signs requested must be sensitive to the view from any level of existing or future residential structures directly adjacent to or across the street from the lot . 4 . The wall signs shall not consist of a cabinet design. 5 . A comprehensive sign criteria shall be prescribed by the building owner, subject to review and approval by the City. 6 . There is full compliance with the regulations of this Chapter, Section 10-5-5 of this Title, and all other applicable provisions of the City' s Zoning Ordinance . 7 . The wall signs shall be identical in style, wording, color and shall be architecturally integrated into the building design. The maximum size of all wall signs shall be as specified in Sign Table A, subsection 10-30-7 (F) of this Chapter, indicating the maximum allowable sign area based on the percentage of the front building facade. (Ord. 405 , 3-18-91) 10-30 (B) When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage . Signs may also be placed on the side of a building not facing a street . No building side may have signage in excess of the signage allowed for the side of the building based upon the maximum allowable sign area of that building facade . (C) For multiple occupancy buildings, each tenant may have one business sign, but the cumulative total sign area shall not exceed the maximum allowable sign area under Sign Table A. ' In the event there are two (2) or more tenants in a building, the building owner shall prescribe a comprehensive sign criteria distributing the proposed signs to the tenants . The comprehensive sign criteria shall be subject to review and approval by the City. (D) The cumulative total wall sign area, when added to gross sign area of all free standing signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to subsection 10-30- 4 (A) of these regulations, shall not exceed the maximum allowable sign area under Sign Table A.' (E) Temporary wall signs made of cloth or cloth-like material may be permitted as a wall sign in lieu of a permanent wall sign, which would otherwise be permitted for a building or tenant, subject to the following requirements : 1 . Permits shall be limited in duration to no more than three (3) months . 2 . Temporary wall signs shall be securely attached to the building in such a manner that no portion of the sign will be allowed to blow around freely in the wind. Notice shall be given to fix, remove or replace the sign within ten (10) days if the sign becomes unattached, tattered or unkempt . 3 . Where a sign criteria has been prescribed for a center, the temporary wall sign shall be sized to fit within the specified tenant sign band area. 4 . The background color of the temporary wall sign shall be limited to white . 1. See subsection 10-30-7 (F) of this Chapter. 10-30 E) 5 . There shall be no additional sign lighting permitted in addition to that which has been approved for the project . 6 . There shall be no free-standing for sale, lease or rental signs allowed on a lot while the temporary wall sign is in place . 7 . The temporary wall sign shall not be a business sign. (F) SIGN TABLE A, MAXIMUM ALLOWABLE SIGN AREA a b c B-1 50 sq. ft . or 10% up to 250 sq. ft . B-2 & 1-3 50 sq. ft . or 14% up to 250 sq. ft . B-3 100 sq. ft . or 16% up to 300 sq. ft . B-4 , I-1 & I-2 125 sq. ft . or 18% up to 400 sq. ft . a. Minimum allowable square footage of sign area irrespective of building facade. b. Maximum allowable sign area based on percentage area of building facade . c. Maximum allowable sign area per lot . Sign areas exceeding maximum shown in column c, but less than area allowed in column b hereof, may be allowed by - conditional use permit or as part of an approved planned unit development . (Ord. 405, 3-18-91) 10-30-8 : FREESTANDING SIGNS IN B-1, B-2, B-3 , B-4, I-1, I-2, I-3 DISTRICTS : Freestanding signs, except as may otherwise be specified by the Zoning Ordinance, may be approved by permit in all business and industrial districts subject to the following standards as set forth herein: (A) Ground Monument signs under six feet (6' ) in height may be located five feet (5' ) from a street right of way. (B) Freestanding signs over six feet (6 ' ) in height may be located twenty feet (20' ) from the front street right of way. In the case of a corner lot, all sides fronting on a public right of way shall be deemed the front . 10-30 (C) No part of a freestanding sign, except for an on-site directional sign, shall be closer than five feet (5' ) from any driveway or parking space . (D) Except for signs allowed without a permit pursuant to Section 10-30-4 (A) of this Chapter, there shall be a maximum of one freestanding sign which may be erected upon any single lot . A property owner may, however, erect additional freestanding signs upon a lot provided they are in compliance with the following standards : 1 . The signs are constructed as a ground monument sign and shall not exceed a height of six feet (6' ) . 2 . Decorative shrubbery and flowers are incorporated as a part of the monument design and are maintained on a regular basis . 3 . The signs, if illuminated, maybe either internally or externally lighted in accordance with these regulations . 4 . The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot . 5 . Ground monument signs may incorporate additional berming on a slope of three to one (3 : 1) where the berming is incorporated into an overall landscaping design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed six feet (6 ' ) . (E) The gross area and total height of a freestanding sign shall be limited by the formula and regulations set forth in Sign Table B indicating the standards for freestanding signs with the purpose of promoting uniformity based on sign location and surrounding conditions . (F) In the case of a multiple-occupancy building, which is a center for industrial, commercial or retail purposes on properties over ten (10) acres, a free-standing sign larger than that provided for in this Title may be approved by conditional use permit . 10-30 (G) The freestanding sign front setback limitation of twenty feet (20 ' ) may be decreased where a corresponding decrease in the sign height occurs . The formula for determining the height and setback variation shall be established at or below a diagonal plane beginning at the point twenty feet (20 ' ) back from the front property line and rising to the corresponding height limitation set forth in Sign Table B .1 From that point, the plane descends to a second point five feet (5' ) back from the front property line at a height of six feet (6 ' ) . (H) No pylon sign shall be located nearer than fifteen feet - (15' ) to the front property line . (I) For monument signs, the copy and graphic area shall not exceed the maximum square feet permitted under Sign Table B . 1 The monument area is limited to one and one-half (1 . 5) times the potential copy and graphic area. (J) The cumulative gross sign area of all freestanding signs, when added to the total wall sign area, shall not exceed the maximum allowable sign area under Sign Table A.1 (K) In all B Districts and approved retail businesses in I Districts, an optional, changeable copy sign may be permitted where the service provided is sufficiently diverse or tenant exposure is such that reasonable on-site promotional efforts result in a cluttered appearance created by temporary signage . Where existing designs permit, these signs may be attached to the pylon sign beneath the business name; otherwise they shall be incorporated into an alternative freestanding sign proposal . Changeable copy — sign approvals will be granted only upon the elimination of all existing illegal temporary signage . The following criteria will be applied when reviewing changeable copy readerboard sign applications : 1 . The design of the sign shall complement other existing signage on the site . 2 . The background color shall complement other existing signage on the site . 3 . The size of the sign shall not exceed twenty five percent (25%) of the gross sign area when added to an existing pylon sign. This percentage limitation does not apply to totally new signage. 1 . See subsection 10-30-7 (F) of this Chapter. 10-30 K) 4 . The gross area of a freestanding sign under Sign Table B1 and the maximum allowable sign areas specified in columns a and c under Sign Table Al may be increased by twenty four (24) square feet to accommodate a changeable copy sign. 5 . The lower portion of the changeable copy sign shall meet the eight foot (8' ) minimum height clearance requirement . If the bottom of a changeable copy sign is proposed at a height below eight foot (8' ) , the message board shall be enclosed with a vandal-proof encasement and shall be designed as a ground monument sign. 6 . , Changeable copy readerboards shall not be permitted as a wall sign, except as may be approved by the Planning Commission. (L) Where there is a grade difference of more than four feet (4 ' ) between the proposed location of a freestanding sign and the higher grade of the street frontage towards which the sign is oriented, the sign height base elevation may be established at the center line of the adjacent roadway when approved by conditional use permit . (M) The minimum pylon sign height clearance to the bottom of the sign, including the bracing, framing or sign enclosure shall _ be eight feet (8 ' ) . 1 . See subsection 10-30-7 (F) of this Chapter. 10-30 (N) SIGN TABLE B FREESTANDING SIGN STANDARDS Street* Classifi- Speed Area Height cation (MPH) (SQ.FT. ) (FEET) Collector 30 25 16 35 50 20 40 100 24 Thoroughfares, Minor and Intermediate Arterial 30 50 18 35 100 22 40 125 24 45 150 26 50 175 28 Principal Arterials and above 55 200 32 * Street classifications are defined by the official Comprehensive Plan as adopted and amended. 10-30-9 : BILLBOARDS AND OTHER OFF-PREMISES ADVERTISING SIGNS : — (A) Billboards and other off-premises advertising signs are permitted only in I-i and I-2 Districts and only where the adjacent streets are intermediate arterial or principal arterial roadways, as shown in the Burnsville Comprehensive Plan. (B) A conditional use permit shall be required for approval of a billboard or off-premises advertising sign pursuant to Section 10-5-5 of this Chapter. (C) Upon obtaining a conditional use permit for a billboard or other off-premises advertising sign, the company or person obtaining the permit shall file with the City a performance bond in the minimum amount of ten thousand dollars ($10 , 000 . 00) or a letter of credit or cash bond in like amount to guarantee compliance with the terms and conditions of the permit . The ten thousand dollars ($10, 000 . 00) shall cover one through five (5) signs . An additional two thousand dollars ($2 , 000 . 00) in performance bond, letter of credit or cash bond shall be required for each additional sign above five (5) . 10-30 (D) The maximum sign size shall be seven hundred fifty (750) square feet . Billboards may incorporate cut outs protruding beyond the framed perimeter of the sign face providing the total sign area not exceed seven hundred fifty (750) square feet . (E) The maximum height to the uppermost portion of any advertising devices shall be forty-five feet (45' ) . The building setback limitation for the zoning district in which the sign is located shall apply to setbacks for advertising signs . (F) The minimum radius distance between advertising signs shall be two thousand feet (2, 000' ) . (G) No billboard or other off-premises advertising sign structure shall be constructed within two thousand feet (2 , 000' ) of the City' s corporate limits . (H) No billboard or other off-premises advertising sign structure shall be constructed within five hundred feet (500' ) of the City' s corporate limits . (I) No billboard or other off-premises advertising sign shall be constructed within one hundred fifty feet (150' ) of the point of tangency of the entrance or exit ramp on any intermediate arterial or principal arterial highway or within one hundred fifty feet (150' ) of the intersection of the nearest right-of-way lines of any other class of street . No billboard shall be constructed within one hundred feet (100 ' ) from any intersection. The intersection on a freeway shall be measured from the point where the off ramp meets the adjacent traffic lane . The intersection on any other artery shall be measured from the curbline . (J) Billboards and other off-premises advertising signs shall be a single support, metal structure free of any supports or guy wires . The metal shall be either painted or treated in such a manner as to prevent deterioration. (K) Signs shall have a maximum of two (2) faces . (L) All electrical wiring shall be underground and concealed. (M) Billboards and other off-premises advertising signs may not be illuminated between the hours of twelve o' clock (12 : 00) Midnight and six o' clock (6 : 00) a.m. 10-30 (N) The lot on which a sign is located shall be improved by landscaping as approved by the City Council and must be maintained in an acceptable manner. (0) Billboards and other advertising signs are a principal use of property. Notwithstanding subsection 10-7-3 (B) of this Code, a billboard shall not be erected on the same lot with a building, and billboards shall be removed from a lot before any other building or structure is erected on the lot . (P) Permanent nonconforming off-premises signs and billboards shall be allowed to continue unless they are damaged more than fifty percent (500) of the structure . Repairs to damaged signs, however, shall be made in conformance with the performance standards of this Title . (Q) All nonconforming off-premises signs and billboards shall meet the performance standards of this Title within six (6) years of the adoption of this Title. (R) In I-1 and I-2 Districts, a billboard or off-premises advertising sign may only be proposed as a second principal use of a lot pursuant to a planned unit development plan which is consistent with the Comprehensive Plan, meets the requirements of this Title, and with the approval of the City Council . (S) In B-3 Districts, a billboard or off-premises advertising sign may be proposed as a second principal use of a lot only pursuant to a planned unit development plan which is consistent with the Comprehensive Plan, meets the requirements of this Title, and with the approval of the City Council in compliance with the following additional standards : 1 . The billboard or sign must be a pre-existing, nonconforming use. 2 . The owner of the billboard or sign must hold an ownership interest or easement in the underlying real estate where the billboard or sign is located. 3 . The billboard or sign must be located adjacent to a minor arterial or principal arterial roadway. 4 . The Council must approve an amortization schedule and removal plan limiting the duration of the billboard or sign use and incorporate that amortization schedule and removal plan into the findings, decision and agreement for the planned unit development . (Ord. 383 , 9-4-90) 10-30 10-30-10 : OFF-PREMISE DIRECTIONAL SIGNS : No person shall install or cause to be installed an off-premise directional sign, except as follows : (A) The Development Review Committee, as defined under Section 10-5-2 , may authorize the City to install off-premise directional signs in the public right of way, provided such signs comply with the following standards : 1 . The sign shall be installed solely for the purpose of traffic direction and control, and not as an advertising medium. 2 . The sign may include a street name and a street classification, such as a frontage road designation, but shall not include the name, logo, or trademark of a business, development, or institution. 3 . The sign shall direct traffic to a particular street or to the collective businesses on said street when access to the businesses is unreasonably indirect or circuitous . 4 . The sign shall be green with white lettering in a size approved by the Development Review Committee . Factors to be considered by the Committee when determining the appropriate sign size shall include the sign' s location, purpose, amount of lettering, and proximity to other existing signs, and the posted speed limit of the street along which the sign is to be installed. 5 . The Development Review Committee may authorize temporary directional signs for any business areas that have access to any public street that is under construction or reconstruction, or is being repaired. The signs shall redirect traffic to alternate access streets, shall comply with the provisions of this Section except that the signs shall be orange with black lettering and may include the nam< s of affected businesses, and shall be removed upon completion of the street construction, reconstruction, or repairs . 6 . In order to direct tourism traffic to Burnsville hotels and motels, the Development Review Committee mayauthorize the City to install off-premise directional lodging signs in the public right of way. The signs shall be blue with white lettering, shall include only the word "Lodging" and a directional arrow, and shall be placed to direct traffic from a principle arterial level street to a hotel or motel . Wherever practicable, such signs shall be located on existing sign poles . No other tourism related directional signs shall be allowed because printed directional information on area retail, restaurant, and service establishments is readily available at hotels and motels . 10-30 (B) The Development Review Committee may authorize the installation of off-premise directional signs, either in the public right of way or on public property, for government buildings, public parks, hospitals, and emergency care facilities . Such signs shall not exceed ten (10) square feet in area and, if located on public property, shall comply with the setback requirements of Section 10-30-8 . Such signs may include only the name, logo, and address of the building, park, hospital, or facility and other directional information necessary to direct traffic to the building, park, hospital, or facility. (C) The Development Review Committee may authorize the installation of off-premise directional signs on private property for religious facilities located on streets that are not classified in the Comprehensive Plan as collectors, thoroughfares, or arterials . Such signs shall not exceed ten (10) square feet in area and shall comply with the setback requirements of Section 10-30-8 . Such signs may include only the name, logo, and address of the facility and other directional information necessary to direct traffic to the facility. (D) In a multiple lot Planned Unit Development (PUD) that includes shared driveways and parking areas among the lots, a sign directing traffic from one lot of the PUD to a business on another lot in the same PUD shall not be considered to be an off-premise directional sign. Each such sign shall not exceed ten (10) square feet in area, shall be included in the total allowable sign area for the building to which the traffic is being directed, and shall be compatible with the other signs in the PUD. (E) For the purpose of providing off-premise direction to a new residential development, the developer may obtain sign permits to erect non-illuminated off-premise directional signs as follows : 1 . Each development shall be allowed two (2) such signs per entrance to the development up to a maximum of four (4) such signs . 2 . Each sign shall not exceed thirty-two (32) square feet in area and six feet (6 ' ) in height . 3 . Each sign shall be erected on private property and shall be set back at least five feet (5' ) from all lot lines . 10-30 E) 4 . Each sign shall be professionally designed and painted, and shall be properly maintained. The signs shall be uniform in design and size. S . Such signs may remain in place until occupancy permits have been issued by the City for ninety percent (90%) of the lots in single-family subdivisions and eighty percent (80%) of the units in all other residential developments, at which time the signs shall be removed. The City shall issue no additional building permits for new construction within the development until all off- premise signs have been removed. (F) Temporary off-premise directional signs for residential open house events, i:::luding model homes and rental units, may be installed by'any person as follows : 1 . Sign Size : Each sign shall not exceed twenty-eight (28) inches in size. 2 . Sign Content : Each sign shall include either wht words "open house" or "model home, " and the name and telephone number of the person responsible for the sign. 3 . Sign Placement : The signs shall be directional in nature and shall be placed solely to facilitate the direction of traffic to open house events . Placement of the signs shall be as follows : a . The signs sahll not be located more than one (1) mile from the site of the open house event . b. The signs shall not be placed closer than five (5) feet to any curb. c. The signs shall not be placed on a sidewalk. d. The signs shall not interfere with traffic visibility. e . The signs sahll not be palced on private property without the written consent of the property owner. 4 . Sign Quantity: to maintain the directions) nature of the signs, they shall be limited to a maximum of twelve (12) signs per open house site, with a maxiumu of two. (2) signs per intersection. 5 . Sign Duration: 10-30 F) 5 , Sign Duration: a . The signs may be in place form one (1) hour before to one (1) hour after a weekday open house event . b. The signs may be in place form 10 : 00 p.m. on Fridays through 6 : 00 a.m. on Mondays for a weekend open house event . c . Signs for annual, Metro-Area, special real estate events, such as the Parade of Homes, may be in place for the duration of the event . (H) Rummage sale signs allowed under Section 10-30-4 (A) (10) of this Title shall be exempt form this Section. - (G) All decisions of the Development Review Committee pursuant to this Section shall be consistent with the provisions of Section 9-1-8 : INSTALLATION OF TRAFFIC CONTROL DEVICES of this Code, and shall be subject to review by the City Engineer. An appeal from a review by the City Engineer shall be made in writing to the City Manager, or his or her designee, within ten (10) days of the City Engineer' s decision. 10-30-11 : PERMIT, INSPECTION AND FEE REQUIRED: Except as - otherwise provided in this Chapter, no sign or structure shall be erected, constructed, altered, rebuilt or relocated until a permit has been issued by the City. The Director of Community Development or his/her designee, upon the filing of an application for a sign permit, shall examine the plans and specifications and the premises upon which it is proposed to erect the sign. If it appears that the proposed sign is in compliance with the requirements of this Title, the Building Code of the City and all other laws and ordinances of the City, the Director of Community Development or his/her designee may approve, disapprove or refer the sign permit application to the Development Review Committee. The Development Review Committee shall then review the application for a sign permit and approve or disapprove the sign permit . The permit shall be approved if it complies with this Title and all other applicable laws and regulations; however, the Development Review Committee may refer the application to the Planning Commission for review prior to a final decision. The Development Review Committee' s decision shall be final except that the applicant may appeal the decision in accordance with Section 10-5-8 of this Title , 10-30 10-30-12 : UNSAFE AND ILLEGAL SIGN, NOTICE: If the City finds that any sign or other advertising structure regulated herein is unsafe or insecure, a menace to the public, or in violation of the provisions of this Chapter, the Director of Community Development, or his/her designee, shall give written notice to the owner and/or responsible party for the sign. The owner or responsible party for the sign shall remove the illegal sign or alter the structure so as to comply with the standards required by this Chapter in the timeframe and manner prescribed by the Director of Community Development or his/her designee . 10-30-13 : EXISTING SIGNS : Any sign legally existing on the effective date of this Chapter which does not conform to the requirements set forth in this Chapter shall become a nonconforming use . Nonconforming signs shall comply with the following requirements, except as specified elsewhere : (A) Permanent nonconforming on-premises signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this Chapter. A business which has a greater number of signs than is permitted by this Chapter must remove, change or alter its sign arrangement so as to conform to the provisions relating to the number of signs . The property owner shall determine which signs are to be removed to comply with this Chapter and such signs so selected shall be removed within one year of notice . (B) Illuminated signs not conforming to the requirements of this Chapter shall be removed or brought into conformity within sixty (60) days of notice . (C) Any billboard or off-premises advertising sign that is located outside an I-1 or I-2 District is exempt from the requirements of Sections 10-30-9 (J) , (L) , and (N) of this Charter. 10-30-14 : SIGN CONSTRUCTION AND MAINTENANCE : All signs shall conform to the following standards : (A) Construction Specifications . All signs shall be constructed in accordance with the following: 1 . :he Minnesota State Building Code. 10-30 A) 2 . All electric signs shall be approved and installed in accordance with the National Electrical Code . The City Electrical Inspector shall inspect all electrical signs prior to connection with service. All illuminating elements shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are partly illuminated shall meet all electrical requirements for that portion which is illuminated. 3 . All permanent free-standing signs shall have self- supporting structures erected on and permanently attached to concrete foundations . 4 . For wall signs, the wall must be designed for and have sufficient strength to support the sign. 5 . Signs shall be constructed to withstand the following wind loads : a. for solid signs, thirty (30) pounds per square foot on one face of the sign. b. for other signs, thirty six (36) pounds per square foot of the total face area of the letters and other sign surface, or ten (10) pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater. (B) Sign Maintenance and Repair. All signs shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, cleaning and other items required for _ maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet (10' ) shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. 10-30-15 : REMOVAL OF SIGNS : The following provisions shall be applied to removal of permanent and temporary signs in the Community. • 10-30 (A) Permanent Signs : The Director of Community Development, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Title . Thirty (30) days' notice in writing shall be given to the owner of such sign, or of the building, structure or premises on which such sign is located, to either comply with this Title or remove the sign. The owner of the sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing and returning the ground, building wall or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area, building wall or surface. (B) Temporary or Portable Signs Illegally Placed Upon Public Property or Within Public Right of Way: The City may impound signs which have been illegally installed upon public property or within public right of way or easement . The sign owner may retrieve the signs according to the following: 1 . Fee payment . For impounded signs there shall be an impoundment and storage fee as may be approved from time to time by Council resolution. 2 . The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen (15) days, the City will dispose of the sign. 3 . The City shall not be held liable for any damage to impounded signs . CITY OF ST. LOUIS PARK ERNIE PETERSON, 924-2584 Auto dealerships are addressed in the General Commercial zone. (There may be some auto dealerships in Industrial areas that have a commercial flavor.) There are two areas of the ordinance which address auto dealerships: one which applies to all businesses and the other applies specifically to auto dealerships. A certain percentage of the autos sold must be new: Conditional use permits are used to control design. There are requirements in the commercial zoning ordinance and then the conditional use permit is a mechanism to add "bells and whistles." There are limits on the sides of display yard, set backs, landscaping, buffering, etc. The city tries to avoid the sea of asphalt and sea of autos look by defining how the space will look and how the space will operate. Ernie Peterson warns that dealerships will push hard, and you will end up with less than you expected. It is important that the conditional use permit can be re-opened. The results of the auto dealership are only a best guess. It is important to be able to go back in and address any problems that were unforeseen. Body shops, service, and car washes (usually internal) are all permitted as auxiliary uses with auto dealerships. Ernie Peterson didn't see these as more or less of a problem than the dealership. A significant amount of additional traffic is not generated. Advertising is addressed for the dealerships in the sign ordinance. Signs uses are the same for all retail with the exceptions of autos and general outdoors. Ernie Peterson emphasized the importance of differentiating between regular signs and electronic flashing signs. Ernie Peterson has definite opinions concerning auto dealerships. He feels that more than any other retail entity, car dealerships love to promote "slop." Their banners, lighting, pennants, and excess of vehicles run counter to municipal beautification. Yes, they do provide a service, and we all drive cars, but he finds the dealership's operational philosophies disgusting. Conflicts or issues with adjacent land uses due to auto dealerships include: • Transport vehicles loading and unloading on residential streets because there is no room on the lots. • Test driving through neighborhood. • Public announcements systems are restricted in the noise ordinance restricts, so noise is not an issue. f MAR-22-96 FRI 09:01 CITY SLP 2ND FLR FAX NO. 6129242663 P, 01 Post-ir Fax Note 7671 Cate�1 yz 1-044s0' (P 7o From Co.Dept Co. Phone# Phonc SECTION 5-5.3 "C-2", COMMERCIAL DIST FaxF2x # A PURPOSE/EFFECT The purposes of the "C-2* Commercial District are to allow the concentration of general commerdal development for convenience of the public and mutually beneficial relationship to each other in those areas located away from residential areas design+ed by the Comprehensive Plan; to provide space for community tc'lities and institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; to rrtnirt,ize traffic congestion; and to carefully regulate the intensity of commercial development as it refers to both internal site factors and external impacts. B. PERMI'l'i"hD USES The following uses are permitted in the "C-2" Commereal Use District if the use complies with the Commercial Restrictions and Performance Standards of Section 14:5-5.1 of this OrrirPrtce: 1. _MEDICAL AND DENTAL OFFICE 2. FUNERAL HOMES 3. LIBRARIES 4. MUSEUMS 5. PARKS AND OPEN SPACES 6. POLICE AND FIRE STATIONS 7. BAIN'KS 8. BUSTh ESS ANT) TRADE SCHOOLS 9. OFFICES 10. RETAIL.SHOPS 11. SERVICE FACILITIES 12. STUDIOS 13. SHOW ROOMS 14. PARKLvG BUSLtiESS 15. TM TRANSFER STATIONS 16. TRANSIT STATIONS _ 17, PAWNSHOPS C. USES PERMITTED WITH CONDITIONS A structure or land in a C-2 Commercial Use District, maybe used for one (1) or more of the following uses if its use complies with conditions stated in Section 14:5-5.1 and those specified for the use in this Subsection"C": 1. ADULT DAY CARE Conditions: a. A rrir um of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. 145 MAR-22-96 FRI 09:01 CITY SLP 2ND FLR FAX NO. 6129242663 P. 02 14 :5-5 . 3 "C-2", COMMERCIAL DISTRICT 2. DRY CLEAN-NG, LAU DERLN'G WITH ROUTE PICK UP AND DELIVERY Conditions: a. The use shall not exceed 15,000 squre feet in area. b. Outside storage and parking of trucks involved in the operation of the business is limited to-trucks and vans with a manufacturer's rated cargo capacity of one (I) ton or less. c. Outside vehicle storage shall be screened from any abutting "R" Use District by a Bufferyard F. d. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. (number 2 added by Ord 194.2-94 2-7-90 3. GROUP DAY CARE/NURSERY SCHOOL Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a Bu#Ie;yard "D". This bufferyard shall include as a minimum a Fence "F3" as described in Section 14:64 (amended by thud 1915-93 5-3-93) b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be Iocated a minimum of 200 feet of any roadway designated in the Comprehensive Plan as a principal arterial. 4. PARK/RECREATION Conditions: a. The principal structure shall be located a minimum of 50 feet from a lot in an "R"Use District. b. Areas designated for group activities shall be located a mini--:um of 25 feet from a lot in an "R"Use District. c. Swimming pools shall be located a minim= of 50 feet of any lot line and a minimum of 12 feet from any other structure on the same lot, .d shall be completely enclosed using an °F4" fence as a rrini;nuni 1 A MAR-22-96 FRI 09:02 CITY SLP 2ND FLR FAX NO, 6129242663 P, 03 14 : 5-5 . 3 "C-2", COMMERCIAL DISTRICT requirement. d A Buferyard T" shall be constructed along the property line when the use abuts property residentially used or in one of the "R" Use Districts; this bufferyard shall include a berm "B2" or fence "F4" which shalt be adequately maintained Application of this provision shall not require a fence within the required front yard. e. The entire site other than that taken up by structures, required bufferyard3, or other landscaped areas shall be surfaced with a material to control dust and drainage. f. Facilities which serve a community-wide or regional function shall be located with primary vehicular access on a collector or arterial street. g. Facilities within 300 feet of a property in an "R" Use District that require night lighting shall be lighted according to a lighting plan approved by the Director of Public Works which shall include fixture specifications and demonstrate that off site impacts will be minimized_ Such facilities shall have a Bufferyard "F" located along the property lines of the facility which abut an "R" Use District. 5. PUBLIC SERVICE STRUCTURES Conditions: a. All exterior building faces shall comply with Section 14:6-6. b. All structures shall be located a minimum of 10 feet from any abutting property located in an"R"Use District. c. All service drives shall be paved. 6. L'i I'IL.ITY SUBSTATION Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 200 feet of any lot in an "R" Use District. c. A Bufleryard "E" shall be installed and maintained along all public ways. amended by On 1915-93 5-3-93) d. This use shall be considered as an intensity classification 7 for the purpose of establishing bufferyard requirements. 11AR-22-96 FRI 09:03 CITY SLP 2ND FLR FAX NO. 6129242663 P. 04 14 :5-5. 3 "C-2" , CON ERCIAL DISTRICT 7. ANIMAL HA-LADLING Conditions: a. No animals 01811 be kept outside the building, or be otherwise located, which rause offensive odor discernible at the property line of the lot on which the activity is conducted. b. Whore nn;rnnls are boarded, the facility shall be located a minimum of 100 feet from abutting properties in an "R"Use District. (amv:ded by Ord 1915-93 53-93) 8. APPLIANCE, SMALL ENGINE,AND BICYCLE REPAIR Conditions: a. Engines shall not be operated or tested outside a structure within 300 feet of any"R" Use District. (amended by Ord 1915-935-3-93) 9. CLUBS AND LODGES WITHOUT LIQUOR LICENSE Conditions: a. Access shA l be from a roadway identified in the Comprehensive Nan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 25 feet from any property located in an"R"Use District. c. A Buffervard "E" shall be installed and maintained along all property lines which abut property in an "R" Use District. This buf eryard shall include at a minimum a berm"B2" or fence "F5". (entire Na 8 am rzded by Ord 1915-93 5-3-93) 10. CONVENTION/E ILBITION HALLS Conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any lot lines abutting property in a"R" Use District. 142 MAR-22-96 FRI 09:03 CITY SLP 2ND FLR FAX NO. 6129242663 P. 05 • 14: 5-5. 3 "C-2", COMMERCIAL DISTRICT b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened as required by Section 14:6-1.3. d. A Bufferyard "F" shall be provided along all lot lines abutting property in an"R"Use District. 11. FOOD SERVICE Conditions: a. A Bufferyard "D" shall be provided along all property lines which abut property in an 'R"Use District. b. Buildings shall be located a minimum of 25 feet from any "R" Use District. 12. HOTEL/MOTEL Conditions; a. The facility shall contain a tririr,,una of 600 square feet of lot area per unit. b. All buildings and structures shall be located a mir,irrium of 100 feet of any property in an "R"Use District. c. A Bufferyard "F" shall be provided at all lot lines abutting property in an "R Use District. 13. IN-VEHICLE SALES OR SERVICE Conditions: a. Drive through facilities and stacking areas shall not be located adjacent to any'R" Use District. b. A Bufferyard "D" s)-,e11 be provided between drive through facilities and stacking areas and adjacent streets and properties. c. Stacking shall be provided for 6 cars per customer service point and shall comply with ail yard and buffervard requirements. d. This use shall only be permitted when it can he demonstrated that the operation will not have a significant adverse affect on the a fisting level of service on adjacent streets and intersections, 149 MAR-22-96 FRI 09:04 CITY SLP 2ND FLR FAX NO, 6129242663 P. 06 14 :5-5 .3 "C-2", CCMIERC_IAL DISTRICT e. The drive-through facility shall be designed so it does not impede traffic or impair vebiculAr and pedestrian traffic movement, or exacerbate the potential for pedestrian or vehicular conflicts. f. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating sigzificant traffic on local residential streets. g• Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. 14. MEDICAL AND DENTAL LABORATORIES Conditions: a. The use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. (number 13 added by Ord 1935-9311-15-93) 15. OUTDOOR SALES (DISPLAY) Conditions: a. A Bufferyard "F"' shall be provided and maintained along all property lines abutting property located within an "R," or "0" Use District. This bii ervard shall include a wall "F6"es illustrated in Section. 14:64. b. No public address system sh all be audflle from any property located in an "R" Use District. c. The site shaU be kept neat and orderly. d. The use shall not be permitted within any required yard, bufferyard, or landscaped area. e. This use shall be located a r77ir;irr um of 100 feet from any property located in an "R"Use District. f. The operator of the use shall not sell or trade exclusively in used merchandise, but shall have at least 1/3 of its stock on the site in new, unused merchandise. g- All open sales or rental lots shall be operated in conjunction with a business operated in a building or buildings in which the same or si,-141ar mated are displayed and offered for sale as those displayed on the open sales or rental lot. h. The entire site other than that used or required to be used for 1Fn MAR-22-96 FRI 09:04 CITY SLP 2ND FLR FAX NO. 6129242663 P, 07 • 14 : 5-5.3 "C-2", COM ERCIAL DISTRICT building, yard, bufferyard, or landscaping shall be surfaced in blacktop or paving. i. All paved areas shall be graded, designed, and landscaped as required by Section 14:6-L k. String light rg shall be prohibited. L The area of open sales or rental lot used for storage and display of merchandise shall not exceed two (2) square feet for every one (1) square foot of building on the site devoted to the same or similar use or accessory use. m. A Buferyard "D" shall be installed and maintained along all public ways. 16. PRINTING PROCESS FACIIJTrm S Conditions: a. The total&or area of the use shall not exceed 5,000 square feet. 17. PRIVATE ENTERTAINMENT(INDOOR) Conditions: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any"R-1," "R_2,"or'R-3"Use District. b. A Bufferyard "F" shall be provided along all property located within an "R" Use District. This bufferyard shall include a wall 76" or berm wall "BW4"as illustrated under Section 14:64. 18. RESTAURANTS WITHOUT LIQUOR LICENSE Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise Iocated so that access can be provided without generating significant traffic on local residential streets. b. Buildings shall be located a rnivimum of 25 feet from any abutting property in an "R"Use District. (amended by Ord 1915-93 5-3-93) c. A Bti;fferyard "E" shall be installed and maintained along all property lines which abut property in an "R" Use District. This bufferyard shall 131 MAR-22-96 FRI 09:05 CITY SLP 2ND FLR FAX NO. 6129242663 P, 08 14 : 5-5. 3 "C-2", COMMERCIAL DISTRICT include at a minimum a berm "B2" or fence "F5'. 19. SHOPPLTIG CENTER Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or Snnl1 be otherwise located so that access can be provided without generating significant trafac on local residential Streets. b. A Bufferyard T" s?^s11 be provided along all lot lines abutting property in an`R"Use District. c. All buildings and structures shall be set back a minimum of 25 feet from any abut ng property in an "R" Use District. 20. CO.NDIT2 ICATION TOWER Conditions: a. The tower structures shall be screened to reini*ii'7e visual impacts. b. The tower structures shall be a mamum of 112.5 feet high. c. The tower structure shall not be permitted within any required yard or bufferyard. d. A free standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. g. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. h. Z any tower exceeds 50 feet in height, it shall be located ac a distance of a minimum of twice its height from any '11R-1", "R-2", or "R-3" zoned parcel. i• Signs sna11 not be permitted on the tower structure or the antenna. (added by Ord 1915-93 5-2-93) 152 MAR-22-96 FRI 09:06 CITY SLP 2ND FLR FAX NO. 6129242663 P. 09 14 : 5-5. 3 "C-2", CC!*LRCIAL DISTRICT 21_ PARKNG RAMPS AS PRINCIPAL STRUCTURE Conditions: a. The height of any parking ramp located within 200 feet of any "R-1", "R.-2", or "R-3" Use District may not penetrate the height of a line commencing at and perpendicular to the line and extending upward away from the "R-1" "R-2", or "R-3" Use District line at a slope of 5 horizontal feet for each vertical foot. b. The minimum yard requirement for any parking ramp located within 200 feet of any property located in an"R" Use District shall be 50 feet, c. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant trap c on Iocal residential streets. d. The parking ramp shall be screened from view from any abutting property located within an "R" Use District with a Bufferyard "F". This bufferyard shall include a berm "B4" or berm wall "BW3" if the parking ramp is above ground. e. If the parking ramp is located within 400 feet of any property in an "R" Use District, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one (1) foot above the light source to any point within the "R" Use district ten feet lower than the maximum structure height of the "R" Use District at a distance of 400 feet from the wail of the parking ramp nearest to the "R"Use District. (numbers 13-19 renumbered 14-20 by Ord 1935-93 11-15-93) (numbers 2-20 r numbered as 3-21 by Ord 1942-94 2-7-94) D. USES PERMITTED BY CONDITIONAL USE PERMIT No structure or land in a "C-2" Commercial Use District shall be used for the following uses except by Conditional Use Permit. Those uses shall comply with the Commercial Restrictions and Performance Standards of Section 14:5-5.1, all those general conditions provided in Section 14:6-7 of this Ordinance and with the Specific Conditions imposed in this Subsection "D". and with any other conditions which may be imposed by the City Council. 1. MOTOR FUEL STATION Conditions: a. A Bufferyard "F" shall be constructed along all lot lines abutting a "R" Use District. The bufferyard shall include a wall "F6" as described 153 MAR-22-96 FRI 09:06 CITY SLP 2ND FLR FAX NO. 6129242663 P. 10 14 :5-5. 3 "C-2", CO1. RCIAL DISTRICT under Section 14:64. Application of this provision shall not require a wall within the required front yard. b. All pump islands, air dispensers and other service devices shall be installed at least twelve (12) feet off and toward the interior of the lot from the required yard line, and no display, servicing of vehicles. parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight (8) feet will be installed in the required yard. c. All parking and paved areas shall meet the grading, design, and landscaping requirements of Section 14:6-1. d. All on site utility installations shall be placed underground. e. No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car limited to the following kinds of products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. f. Any canopy and canopy support system shall be constructed using architectural design and materials which are compatible with the printhpal structure. g Modification of the requirement of this section may be wade for service stations in existence on the effective date of this Ordinance if :lhe City Council ads that, because of the shape of the lot, size of the lot, the location of the principal building on the lot, or similar 'cwnstances, it would be impossible to satisfy the strict terms of this section or that they could be satisfied only by imposing exceptional or undue hardship upon the owner of the lot. h. No public address system shall be audible from any property located in an "R" Use District. 2. MOTOR VEHICLE SALES Condi ons; a No previously registered but currently unlicensed or non-operable -ehicles shall be stored on premises. b. _4_ minimum of fifr percent (50%) of the vehicles for sale on the 154 MAR-22-96 FRI 09:07 CITY SLP 2ND FLR FAX NO, 6129242663 P. 11 14 ; 5-5.3 "C-2" , COMMERCIAL DISTRICT premises 5hA1l be new vehicles. c. All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar displayed on the open sales or rental lot. materials as d. The building and the sales or rental lot shall be on one contiguous site. e. All parking and paved areas shall meet all of the landscaping and design requirements of Section 14:6-1. f. String lighting shall be prohibited. g• The area of open sales or rental lot used for storage and display of merchandise shall not exceed two (2) square feet for every one (1) square foot of building on the site devoted to the came or a similar use or accessory use. h• No test driving shall be permitted on local residential streets. i. No outdoor public address system shall be permitted. j• All customer and employee parking shall be clearly designated and signed. k. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. L No display or storage of motor vehicles shall be permitted on any public right of way. m A Bufferyard "C" shall be provided along all public ways and along an abutting"O"Use District. n . A Bufferyard "F" shall be installed and maintained along all property lines of an abutting"R"Use District. o. The storage lot shall be Ioeated a minimum of 100 feet from an "R" Use District. 3. MOTOR VECLE SERVICE, REPAIR Conditions: a. No public address system shall be audible from any property located in an "R" Use District. b. All repair, assembly, disassembly, and maintenance of vehicles shall be 155 MAR-22-96 FRI 09:08 CITY SLP 2ND FLR FAX NO, 6129242663 P. 12 14 : 5-5.3 "C-2", COMMERCIAL DISTRICT inside a closed building except tire inflation, changing wipers or adding oil. c. Test driving shall be prohibited on any street in an "R" or '0" Use District. d. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. e. The building housing the use shall be located a TriirirntlIal of 100 feet from any lot in an 71" use district. In the e of an automatic car wash where the vehicular entrance and exit doors do not face the 'R" use district within 100 feet, the building shall be located a minimum of 95 feet from the "R"use district. (amended by Ord 1909311-1-93) f. A Bufferyard "Fshall be provided along any abutting"R"Use District_ g. Additional conditions for car wash: i. A car wash shall have parking space to permit the stacking of at least 30 care or the mAxi.--uum number of vehicles which can be washed during a 30 minute period,whichever is greater; plus an additional 10 off-street parking spaces for employees and storage of employee owned and washed cars. ii. Drainage and surfacing plans for a car wash shall be approved by the Director of Public Works. The plans shall describe the wash water disposal and sludge removal facilities to be employed to accomplish dust, salt, and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. iii. All parking and paved areas shall meet the drainage, design, and landscaping provisions of Section 14:6-1. iv. No ingress Or egress points for a car wash shall be closer than 150 feet from the point of intersection of the required front and side yard lines adjoining intersecting streets. The exit door from the car wash shall be at least 45 feet from the public right- of-way. Drainage shall be away from the public street at the egress points to prevent spillage onto the street. The grades of the interior floor shall be sloped away from the exit door, and said floor shall be sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right of way. 156 MAR-22-96 FRI 09:08 CITY SLP 2ND FLR FAX NO. 6129242663 P. 13 14 :5-5.3 "C-2", COMERCIAL DISTRICT v. Automatic car washes accessory to a motor fuel station or motor vehicle service and repair facility aha11 provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. All other provisions in subsections i. through iv. above shall apply to automatic car washes, except that no additional ofl•street parking spaces shall be required for an automatic car wash and ingress or egress to an automatic car wash may be permitted within 150 feet of the point of intersection of the required front and side yard lines subject to the limitations of Section 14:5-5.1 47 of this Oriira ce. (entire a. added by Ord 1933-9311-1-93) 4. RESTAURANTS WITH LIQUOR Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located in a "R"Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot, d. A Buffervard T" shall be installed and maintained along any abutting property in a 'R" Use District, 5. CLUBS AND LODGES WITH.LIQUOR Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on Iocal residential streets. — b. The building housing the use shall be located a minimum. of 100 feet from any property located in an"R"Use District. LIAR-22-96 FRI 09:09 CITY SLP 2ND FLR FAX NO. 6129242663 P. 14 14 :5-5. 3 "C-2" , CORCIAL DISTRICT c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A Bufferyard "F" shall be installed and maintained along all property lines which abut property in an'R" Use District. (entire No. 5 added by Ord 1915-93 5-.3-93) 6. Uses where more than one prno<pai building is located on a single lot. (renumbered by Ord 1915-93 5-3-93) E. USES PER-'VIITTED BY PUT) No structure or land in a "C-2" Commercial Use District shall be used for the following uses except by the KID Process. Uses and structures which are permitted by right, permitted with conditions, or permitted as conditional uses may also be permitted by PUD. Provisions for the PUL) and modifications to dimersionni standards and densities are provided under Section 14:6.7: 1. MULTIPLE FAMILY DWELLING and CLUSTER HOUSING provided that: a. It is part of a larger development permitted within the district. b. The building design and placement provided a desirable residential environment. c. Access to open space,plA7 , and pedestrian ways is provided. d. The housing represents a maximum of 25% of the gross floor area of total development. e. Site access is to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. f. The site contains a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 of the open space is located in the front yard. g. All dwelling units are at or above the grade of allland within a distance of 25 feet from all faces of the building. h. The yriri*rum spacing between buildings is at least equal to the 158 MAR-22-96 FRI 09:09 CITY SLP 2ND FLR FAX N0. 6129242663 P. 15 14 : 5-5. 3 "C-2", COMY2RCIAL DISTRICT average heights of the buildings except where dwellings share common wails. i• Building are located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. 2. ELDERLY HOUSING provided that: a. The property meets all of the conditional use requirements of multiple family dwellings in 14:5-5.3(E)(2). b. A minimum of 25 percent of the usable open space is developed as outdoor recreation or garden areas. c. A minimum of 900 square feet of lot area is provided for each dwelling unit. d. Covenants running with the land in a form approved Attorney have been recorded which restrict the uofof the property for occupancy by the elderly. e. The development shall provide a lounge or other inside community rooms amounting to a minimum of 15 square feet for each unit. F. ACCESSORY USES The following uses shall be permitted accessory uses in any "C-2" Commercial Use District: 1. Warehouse/Storage provided that the storage does not occupy more than 40 percent of the gross floor area of the site. No warehouse/storage area shall exceed 20,000 square feet. 2. Parking Lots which comply with the requirements of Section 14:6.1. Parking Ramps if all of the conditions of Section 14:5-5.3(C)(22)are met. 4. Helistops if the helistop is subordinate to the principal use in area, extent, and purpose. The helicopter pad must be dust free and screened from view and take off and landings shall not be over residential areas. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.., excluding emergency operations. 5. Bar if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. 6. Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed forty percent (40%c) of the gross floor area or forty percent (40%) of the labor hours required to conduct the principal permitted use. 1 =0 MAR-22-96 FRI 09: 10 CITY SLP 2ND FLR FAX NO. 6129242663 P. 16 14 :5_5.3 "C-2" , COMMERCIAL DISTRICT 7. Food Service (also see Section 14:5-5.2(C)(12) where Food Servivice is an accessory use to other uses). (ndded by Ord 1915-93 5-3-93) G. DLVfENSIO NAL$TA: DARDS/DENSITIES 1. No structure or building shall exceed the lesser of six (6) stories or seventy- five (75)feet in height, unless authorized by Section 14:4-8 or Section 14:6-7. 2. The floor area ratio wit +ir the "C-2" Use District shall not exceed 2.0. 3. A side yard abutting a street shall not be less than fifteen (15)feet in width. 4. The front yard shall be a n:L nimunl of twenty (20) feet unless the average depth of at least two (2) existing front yards for buildings within one hundred fifty (150) feet along the erne block front of the lot in question, are less or greater than twenty (20) feet. In that case the required front yards shall be the average depth of such existing front yards, but the depth of a front yard shall not be less than five (5) feet or be required to exceed fifty (50) feet. (amended by Ord 1915-93 5-3-93) 5. There shall be no required side yard for buildings under 35 feet in height unless the side yard abuts an 'R"Use District. If that is the case, the required side yard shall be the same as the required side yard for the abutting "R" District. The required side yards for buildings over 35 feet in height shall be 15 feet, unless the side yard abuts an "R" Use District,when it shall be 15 feet plus 1 foot for each foot of building height in excess of 35 feet. 6. There shall be no required rear yard for buildings under 35 feet in height. unless the rear yard abuts an "R" Use District. If that is the case, the required rear yard shall be 15 feet. The minimum rear yard for buildings over 35 feet in height shall be one-half(1/2) the building height,unless it abuts an "R"Use District and then the required rear yard shall be equal to the building height. CITY OF WHITE BEAR LAKE JAMES ROBINSON, 429-8561 Auto dealerships are addressed in Auto Oriented Zoning. About 10 years ago, the dealers got together with the city to write the zoning ordinance. The existing auto dealerships added provisions to the ordinance to keep out smaller, fly-by-night dealerships. Provisions including that the building must be 30 percent of the lot, has resulted in all dealerships needing variances. Because auto dealership are a conditional use, and require conditional use permits, they must have a site plan as part of the permit. It is important to require plenty of edge screening. The City of White Bear Lake has new, used, car, and truck dealerships. Most dealerships have service facilities and a few oil-lube businesses have come in on adjacent parcels. Advertising is addressed through the city's sign ordinance. The ordinance is very liberal and for the most part the city just looks away. There have been several conflicts or issues with adjacent land uses due to auto dealerships including: • Excess Inventory - Cars used to be delivered a few time a year but now the entire inventory arrives in the fall. Around this time there are no drive aisles and often no employee parking. The lack of employee parking has been a problem. They have to park in other areas and then walk across busy streets. It is tough to quantify what a dealership's inventory needs will be. James Robinson thinks usually it is safe to double what they tell you. Typically the dealer would like to have all of the inventory right there, but satellite parking lots, vacant parcels used by dealerships, are often needed. • Noise - There are problems with the loud paging systems. The senior citizens in the area that are home all day complain a lot. Gem Lake is working on an ordinance requiring digital pagers and cellular phones for the salespeople. • Snow Storage - With so much blacktop, snow storage is an issue. • Traffic - There have been some problems with locating driveways too close to the trunk highways, such as inadequate vehicle storage. James Robinson was also able to point out that auto dealerships are good draws for the city, bringing people in who might not come in otherwise. In addition, auto dealerships are good — employers. MAR 13 '96 14:52 P. 1/14 Post-ft Fax Note 7671 austaiggs morammitiatiraisom Coupept. §1303.140 ZONII6 11111M911.. Phone* Phone 1 r §1303.140 "13-3", AUTO-ORIENTED BUSINES_ _._ _, ,. . Subd. 1. Purpose. The purpose of the "B-3, Auto-Oriented Business District is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. The"B-3" District is intended to provide additional control over high intensity commercial uses which rely on extensive traffic generation, thus the "8-3" District may result in intentional "spot zoning". Subd. 2. Permitted Uses. The following are permitted uses in a "8-3" District: a) All uses allowed in the "B-2" District. b) Auto accessory store. (Ref. 703, 11/12/85) c) Indoor commercial recreational facilities. (Ref. Ord. 731, 8/12/86) d) Motels, motor hotels and hotels provided that the lot contains not less than five hundred (500) square feet of lot area per unit. e) Restaurants, cafes, on and off-sale liquor establishments. f) Restaurant, carry out and food delivery service. (Ref. Ord. 899, 8/24/93) g) Private clubs or lodges serving food and beverages. Subd.3. Permitted Accessory Uses.The following are permitted accessory uses in a"8-3" — District: a) Ail permitted accessory uses allowed in a "2-2" District. b) Semi-truck parking. Subd.4. Conditional Uses. The following are conditional uses in a"8-3" District:(Requires a conditional use permit based upon procedures set forth in and regulated by Section 1301.050 of this Code.) a) Ail conditional uses allowed in the "2-2" District, except for §1303.12, subd. 4D, residential and non-residential uses within one structure. (Ref. Ord. No. 858, 1/14192) b) Drive-in and convenience food establishments provided that: 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 1302.030. Subd. 7.a) of this Code. 3) Each light standard island and all islands in the parking lot shall be landscaped or cover- ed. 347 Revised 8/24/93 • MAR 13 '96 14:53 P.2/14 §1303.140 ZONING CODE §1303.140 4) Parking areas shall be screened from view of abutting residential districts in compliance with Section 1302.030, Subd. 7.a) of this Code. 5) Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. 347.1 Rafn.,.,�if4.i aP')nroa MAR 13 '36 14:53 P.3/14 §1303.140 ZONING CODE §1303.140 6) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 1302.050 of this Code and shall be subject to the approval of the City Engineer. 7) AU lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1302.030, Subd. 9 of this Code. 8) The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9) The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. 10) All signing and information or visual communication devices shall be in compliance with the White Bear Lake Sign Ordinance, 11) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. c) Car washes (drive through, mechanical and self-service) provided that: 1) The architectural appearance and functional plan of the building and site shag not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2) Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 1302.030, Subd. 7.a) of this Code. 4) Each light standard island and all islands in the parking lot landscaped or covered, 5) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with Section 1302.030, Subd. 7.a) of this Code. 6) The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7) The entire area shall have a drainage system which is subject to the approval of the City Engineer. 8) All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Section 1302.030, Subd. 9 of this Code. 348 Changed 11/12/85 MFR 13 '9E 14:54 p. , • , §1303.140 ZONING CODE §1303.140 9) Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 10) All signing and informational or visual communication devices shall be in compliance with the White Bear Lake Sign Ordinance. 11) Provisions are made to control and reduce noise. 12) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. Motor fuel station, auto repair-minor and tire and battery stores and service provided that: 1) Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Code for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or contribute a blighting influence within a reasonable distance of the lot. 3) The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4) A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet shall be provided. 5) A drainage system subject to the approval of the City Engineer shall be installed. 6) A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 1302.030, Subd. 9 of this Code. 8) Wherever fuel pumps are to be installed, pump islands shall be installed. 9) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 1302.030, Subd. 7.a) of this Code. 10) Parking or car stacking space shall be screened from view of abutting residential districts in compliance with Section 1302.030, Subd. 7.a) of this Code. 349 MAR 13 '96 14:55 P.5/14 §1303.140 ZONING CODE §1303.140 11) Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 1302.050 of this Code and shall be subject to the approval of the City Engineer. 12) All signing and informational or visual communication devices shall be minimized and shall be in compliance with the White Bear Lake Sign Ordinance. 13) Provisions are made to control and reduce noise. 14) No outside storage except as allowed in compliance with e) of this subdivision. 15) Sale of products other than those specifically mentioned in this subdivision be subject to a conditional use hermit and be in compliance with g) of this subdivision. 16) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 17) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. e) Open and outdoor storage as a principal use provided that: 1) The area is fenced and screened from view of the neighboring residential uses or if abutting a Residential District in compliance with Section 1302.030, Subd. 7.a) of this Code. 2) Storage is screened from view from the public right-of-way in compliance with Section 1302.030, Subd. 9.a) of this Code. 3) Storage area is grassed or surfaced to control dust. 4) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 1302.030, Subd. g of this Code. 5) Does not take up parking space as required for conformity to this Code. 6) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. f) Open or outdoor service, sale and rental as a principal or accessory use provided that: 1) Outside services, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. 350 Changed 11/12/85 MAR 13 '96 14:55 F.61.4 §1303.140 ZONING CODE §1303.140 2) Outside safes areas are fenced or screened from view of neighboring residential uses or an abutting "R" District in compliance with Section 1302.030, Subd. 7.a) of this Code. 3) All fighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 1302.030, Subd. 9 of this Code. 4) Sales area is grassed or surfaced to control dust. 5) The use does not take up parking space as required for conformity to this Code. 6) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. g) Accessory, enclosed retail, rental or service activity other than that allowed as a permitted use or conditional use within this Section, provided that: 1) Such use is allowed as a permitted use in a "13-1" or "8-2" District. 2) Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3) Adequate off-street parking and off-street loading in compliance with the requirements of Section 1302.050 and 1302.060 of this Code is provided. 4) All signing and informational or visual communication devices shall be in compliance with the White Bear Lake Sign Code. 5) The provisions of Section 1301.050, Subd. 2.e) of this Code are considered and satisfactorily met. h) New and used automobile, truck, recreation vehicle, and trailer sales and showrooms provided that: (Ref. 703, 11/12/85) 1) Setbacks, Building and Lot Requirements: a. Parking. A minimum fifteen (15) foot wide landscaped yard shall be required and maintained between any public street right-of-way and parking lots or buildings. b. Contiguous Site, Vehicle sales shall be on one (1) lot or contiguous lots not separated by a public street, alley, or other use. c. Lot Width.The minimum lot width shall be one hundred (100) feet at the minimum required front yard setback. d. Lot Area. A minimum lot area of two (2) acres shall be required. e. Building Area. A minimum building floor area which is twenty percent (20%) of the lot area shall be required. 351 Amended 11/12/85 MAR 13 '96 14:56 P.7/14 §1303.140 ZONING CODE §1303.140 2) Access Driveways: a. Distance of Driveway from Street Intersection. The distance of the driveway from the street intersection shall be not less than fifty (50) feet provided, however, greater distances may be required to avoid reasonably anticipated traffic hazards. b. Minimum Distance Between Driveways. Minimum distance between driveways shall be fifty (50) feet at the curb cut. c. Minimum Driveway Angle to Street. Minimum driveway angle to street shall be sixty (60) degrees unless otherwise approved by the City Engineer. d. Minimum distance between driveway and adjacent property shall be five (5) feet at the curb cut. e. No driveway shall exceed twenty-four (24) feet in width and no curb cut shall exceed thirty-two (32) feet in width or as approved by the City Engineer. 3) Screening: A screen shall be erected and maintained along all property lines separating institutional, residential, dwelling, or business and professional office district or use. The screening required in this section shall be not less than six (6) feet in height except along the street frontage utilized for vehicle display purposes wherein a fence at leat four (4) feet in height shall be installed. (Ref. Ord. 750. 10/27/87) 4) Landscaping and Lighting:A landscaped yard shall be constructed and maintained on all areas of the site not devoted to the building or parking areas. A lighting plan with hooded pole lights shall be prepared and approved by the City Planner. All signs shall also be included with the lighting plan. 5) Planting Islands: For each additional three thousand (3,000) square feet after the first three thousand (3,000) square feet of outside display area parking space, one (1) parking island of two hundred (200) square feet shall be installed within the interior of the planting surface. All planting islands shall have six (6) inch concrete or asphalt curbs and a landscaped interior including tree and shrub materials. 6) Curbing: Interior concrete or asphalt curbs shall be constructed within the property to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal six (6) inches in height. 7) Surfacing: The entire site on which vehicle sales is located, other than that devoted to buildings and structures or landscaped areas, shall be hard paved surface and maintained for control of dust, erosion and drainage. 8) Parking: a. Customer Parking. Eight (8) off-street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 352 Amended 10/27/87 MAR 13 '96 14:57 P.8/14 §1303.140 ZONING CODE §1303.140 b. Employee Parking. A minimum of two (2) employee parking spaces shall be pro- vided for every three (3) employees. The required parking spaces shall be shown and designated on the site plan. 9) Parking for Outside Sales and Storage: The maximum area permitted for outside sales or storage of automobiles, new and used, shall not exceed three and one-half (3.5) square feet of outside storage area to each one (1) square foot of enclosed ground floor area. Not more than one (1) automobile shall be stored on each one hundred fifty (150) square feet of outside paved storage/display area. No rooftop parking shall be permitted. 10) Surface Drainage Plan and Improvements: A drainage plan shall illustrate all paved area surface drainage flows, Catch basin traps and/or settling ponds shall be required to dispose of interior parking or display area drainage and shall be subject to approval by the City Engineer. (Ref. Ord. 703, 11/12/85) Subd. 5. Lot Requirements and Setbacks. The following minimum requirements shall be observed in a "B-3" District subject to additional requirements, exceptions and modifications set forth in this Code. a) Lot Area - None. b) Lot Width - Not less than one hundred (100) feet. c) Setbacks: 1) Front yards: Not less than thirty (30) feet. 2) Side Yards: Not less than ten (10) feet from an interior side lot line nor less than thirty (30) feet on a side yard abutting a street. (Ref. Ord. No. 813, 4/10/90) 3) Rear yards: Not less than thirty (30) feet. (Ref. Ord. 813, 4/10/90) Subd. 6. Building Requirements. a) Height. No structure shall exceed three (3) stories or thirty-six (36) feet, whichever is least, except as provided in Section 1302.040, Subd. 3 of this Code. b) Minimum Floor Area. Commercial buildings (principal structure) having less than one thousand (1,000) square feet of floor area may only be allowed upon approval of a conditional use permit as provided for in Section 1301.050 of this Code. c) Exterior Building Materials. This section identifies permitted building materials to be used in industrial building construction which are durable and long lasting. By identifying permitted building materials, high quality development is achieved in both visual and functional terms. 352.1 Revised 2/9/93 IAP 13 '96 14:57 F.9/14 §1303.140 ZONING CODE §1303.140 1) All exterior wall finishes shall be of consistent quality limited to one or a combination of the following: a. Face brick; b. Natural stone; c. Decorative concrete block which is colored by pigment impregnated throughout the entire block; d. Cast in place concrete or pre-cast concrete panels which are colored by pigment impreg- nated throughout the entire panel per approval of an architectural treatment by the Zoning Administrator; e. Stucco; f. Wood, provided the surfaces are finished for exterior use; g. Curtain wall panels of steel, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable non-fade surface and their fasteners are corrosion resistent. The gross building wall area of this type shall be limited to no more than fifty (50) percent of the aggregate of wall area excluding window and door areas; h. Glass; 1. Decorative painted concrete block shall be permitted on any building wall not visible from a public right-of-way. 2) All subsequent additions and exterior alterations to non-conforming buildings must be constructed with the materials required in this ordinance if the addition or alteration exceeds twenty-five (25) percent of the floor area of the original non-conforming structure. 3) Accessory buildings constructed after the erection of the original building or buildings shall be constructed of materials comparable to those used in the principal building and shall be designed in a manner conforming to the architectural and general appearance. 4) The following exterior building materials are prohibited: a, Face materials which rapidly deteriorate or become unsightly such as galvanized metal; b. Unfinished structural clay tile and metal panels not factory finished with a permanent surface; c. Buildings comprised exclusively of metal, pole buildings, sheet metal, plastic or fiberglass siding unless such siding is a component of a factory fabricated and finished panel. d• Unadorned and/or painted concrete block. (Ref, Ord. 885, 2/9193) 352.2 Revised 2/9/93 MAP. 13 =r 14:5 P.10/14 §1202.070 BUILDING REGULATIONS §1202.070 Subd. 2. In Zoning Use Districts B-1, B-2, B-3, B-4, and B-5: a) Temporary signs painted or attached to either surface of windows or visible therefrom will be allowed, but shall obscure no more than eighty (80) percent of the total square footage of such windows. Temporary signs shall be allowed for a period not to exceed ninety (90) days out of any twelve (12) month period. b) General information signs not in excess of six (6) square feet, unless such signs are double-faced then a total of twelve (12) square feet. These signs shall be designed and installed in conformance with the requirements of the Manual on Uniform Traffic Control Devices. c) Political candidate signs are permitted on private property prior to an seven (7) days following an election. All signs shall be set back aedistance from allll property lines equal to the installed height of the sign. d) Signs for public safety and convenience. When deemed necessary, the City Code Enforcement Officer may authorize the approval of signs not to exceed six (6) square feet per face to serve the public safety or convenience, such as: Entrance signs, office signs, parking signs, and the like. e) Signs which promote the central business district provided said signs have had their size, design and location approved by the City Council. (Ref. Ord. No. 825, 1/08/91) Subd. 3. In Zoning Use Districts B-W, P-Z, 1-1, and 1-2: a) Si ns for public safety and convenience. When necessary, the City Cod Enforcement Officer may authorize the approval f signs eno deemed exceed six (6) square fee per face to serve the public safety or convenience, such as: Entrance signs, exit signs, office signs, parking signs, and the like. b) General information signs not in excess of six (6) square feet, unless such signs are double-faced then a total of twelve (12) square feet. These signs shall be designed and installed in conformance with the requirements of the Manual on Uniform Traffic Control Devices. c) Political candidate signs up to six (6) square feet in size are permitted on privatero ert y prior to an election and up to seven (7) days following an election. All signs shall be set back a distance from all property lines equal to the installed height of the sign. d) Signs which promote the central business district provided said signs have had their size, design and location approved by the City Council. (Ref. Ord. No. 825, 1/8/91) 216 TJ n..i.--.-1 A Inn h., MAR 13 '96 14:59 P. 11/14• §1202.070 BUILDING REGULATIONS §1202.070 Subd. 4. In Zoning Use Districts PZR, DBD, and DCB: (Ref. Ord. No. 825, 1/08/91) a) Temporary Signs: Temporary signs which are painted or attached to either surface of windows or visible therefrom will be allowed, but shall obscure no more than eighty (80) percent of the total square footage of such windows. Other temporary signs which are attached to an exterior building surface will also be allowed. Such signs shall be allowed for a period not to exceed ninety (90) days out of any twelve (12) month period. b) General Information Signs: Such signs shall not exceed six (6) square feet in size per side. These signs shall be designed and installed in conformance with the requirements of the Manual on Uniform Traffic Control Devices. c) Political Candidate Signs: Campaign signs for state and national elections are permitted on private property from August 1st until ten (10) days following the general election. Political candidate signs for local erections shall be permitted ion private property provided they do not exceed thirty-two (32) square feet in area. They may be displayed fourteen (14) days prior to a primary election and must be removed no later than five (5) days following the general election. A candidate who is defeated in the primary election must remove signs five (5) days following said election. If there is not a primary election, the signs may be displayed twenty (20) days prior to the general election and must be removed no later than five (5) days following said election. These signs shall be placed on private property and shall not obstruct traffic visibility. d) Signs for Public Safety and Convenience: When deemed necessary, the City Code Enforcement Officer may authorize the approval of signs not to exceed six (6) square feet per side to serve the public safety or convenience such as: entrance signs, office signs, parking signs and the like. e) Temporary Real Estate Signs: Signs which are erected for the purpose of selling or leasing individual lots or buildings shall not exceed six (6) square feet for residential property and twenty-five (25) square feet for non-residential property. One sign shall be permitted per street frontage which the property abuts and shall be placed on private property. The location of the sign shall not obstruct traffic visibility. Said sign shall be removed within seven (7) days following the lease or sale. 216.1 RRVicAri 1/nPial MAR 13 '96 14:59 P. 12'14 §1202.070 BUILDING REGULATIONS §1202.070 f) Temporary Project and Construction Signs: Signs which are erected for the purpose of selling or promoting a residential development or any non residential development shall not exceed twenty five square feet (25 sf.) in area. One sign shall be permitted per street frontage upon which the property abuts and such signs shall be removed within seven (7) days after completion of the project or when the development is eighty percent (80%) leased or sold whichever comes first. Said sign shall be setback ten (10) feet from any property line or driveway. g) Address Signs: Each dwelling, business or building are required to have proper house or building signs identifying the address of each building. Such signs shall be constructed of metal, glass, plastic or other durable material. The numbers shall not be less than five inches (5") in height, and in contrasting color to the base. Said numbers shall either be lighted or made of some reflective materials and so placed to be easily seen from the street. These signs shall comply with Section 803.010 Subd. 11 of the Municipal Code. h) Signs which promote the central business district provided said signs have had their size, design and location approved by the City Council Subd. 5. In Zoning Use District P (Ref. Ord. No. 815, 1/08/91) a) Temporary Signs: Temporary signs which are painted or attached to either surface of windows or visible therefrom will be allowed, but shall obscure no more than eighty percent (80%) of the total square footage of such windows. Other temporary signs which are attached to an exterior building surface will also be allowed. Such signs shall be allowed for a period not to exceed ninety (90) days out of any twelve (12) month period. b) General Information Signs: Such signs shall not exceed six square feet (6 sf.) in size per side. These signs shall be designed and installed in conformance with the require- ments of the Manual on Uniform Traffic Control Devices. c) Signs for Public Safety and Convenience: When deemed necessary, the City Code Enforcement Officer may authorize the approval of signs not to exceed six (6) square feet per side to serve the public safety or convenience such as: entrance signs, office signs, parking signs and the like. d) Temporary Project and Construction Signs: Signs which are erected for the purpose of selling or promoting a residential development or any non-residential development shall not exceed twenty-five (25) square feet in area. One sign shall be permitted per street frontage upon which the property abuts and such signs shall be removed within seven (7) days after completion of the project or when the development is eighty (80) percent leased or sold whichever comes first. Said sign shall be setback ten (10) feet from any property line or driveway. 216.2 Revised 1/08191 MAR 13 '3.5 15:e2 F. 12/14 §1202.070 BUILDING REGULATIONS §1202.080 e) Address Signs: Each building is required to have proper building signs identifying the address of each building. Such signs shall be constructed of metal, glass, plastic or other durable material. The numbers shall not be less than five (5) inches in height, and in contrasting color to the base. Said numbers shall either be lighted or made of some reflective materials and so placed to be easily seen from the street. These signs shall comply with Section 803.010, Subd. 11 of the Municipal Code. f) Signs which promote the central business district provided said signs have had their size, design and location approved by the City Council Subd. 6. In all zoning districts, individual signs of four(4) square feet or less in size shall be allowed without sign permits. However, all signage, whether by permit or not, shall be included in the total allowable signage per building or property. Accumulations of three (3) such signs with twelve (12) or mroe total square feet of signage shall constitute the need for a sign permit each occurrence. Subd. 7. In all zoning districts, vending and dispensing machines and the advertising on the machine shall be exempt from sign permits. (Ref. Ord. No. 825, 1/08191) §1202.080 THE FOLLOWING SIGNS AND CONDITIONS ARE CONTROLLED AND REQUIRE SIGN PERMITS IN ALL ZONING DISTRICTS Church signs on church property greater than twenty-five (25) square feet in area, shall comply with the following: a) The sign shalt be of monument-type design and the materials shall be architecturally compatible with the principal building. b) Total sign area does not exceed the lesser of one hundred (100) square feet or fifty (50) square feet per face. c) The sign shall be no higher than ten (10) feet above ground, and set back a minimum of ten (10) feet from all property lines and driveways. d) A sign permit shall be obtained as provided in Section 1202.100 of this Code. (Ref. Ord. No. 909, 4/12/94) 217 Revised 4/12/94 • ' MAR 13 '96 15:01 P.14/14 §1202.070 BUILDING REGULATIONS §1282.078 f) Temporary Project and Construction Signs: Signs which are erected for the purpose of selling or promoting a residential development or any non residential development shall not exceed twenty five square feet (25 sf.) in area. One sign shall be permitted per street frontage upon which the property abuts and such signs shall be removed within seven (7) days after completion of the project or when the development is eighty percent (80%) leased or sold whichever comes first. Said sign shall be setback ten (10) feet from any property line or driveway. g) Address Signs: Each dwelling, business or building are required to have proper house or building signs identifying the address of each building. Such signs shall be constructed of metal, glass, plastic or other durable material. The numbers shall not be less than five inches (5") in height, and in contrasting color to the base. Said numbers shall either be lighted or made of some reflective materials and so placed to be easily seen from the street. These signs shall comply with Section 803.010 Subd. 11 of the Municipal Code. h) Signs which promote the central business district provided said signs have had their size, design and location approved by the City Council Subd. 5. In Zoning Use District P (Ref. Ord. No. 815, 1/08/91) a) Temporary Signs: Temporary signs which are painted or attached to either surface of windows or visible therefrom will be allowed, but shall obscure no more than eighty percent (80%) of the total square footage of such windows. Other temporary signs which are attached to an exterior building surface will also be allowed. Such signs shall be allowed for a period not to exceed ninety (90) days out of any twelve (12) month period. b) General Information Signs: Such signs shall not exceed six square feet (6 sf_) in size per side. These signs shall be designed and installed in conformance with the require- ments of the Manual on Uniform Traffic Control Devices. C) Signs for Public Safety and Convenience: When deemed necessary, the City Code Enforcement Officer may authorize the approval of signs not to exceed six (6) square feet per side to serve the public safety or convenience such as: entrance signs, office signs, parking signs and the like. d) Temporary Project and Construction Signs: Signs which are erected for the purpose of selling or promoting a residential development or any non-residential development shall not exceed twenty-five (25) square feet in area. One sign shall be permitted per street frontage upon which the property abuts and such signs shall be removed within seven (7) days after completion of the project or when the development is eighty (80) percent leased or sold whichever Comes first. Said sign shall be setback ten (10) feet from any property line or driveway. 216.2 Revispri 1/(1R/01 CITY OF BROOKLYN CENTER _ (No material submitted as of 3-22-96) CITY OF ROSEVILLE DENNIS WELSCH, 490-2233 Auto dealerships are addressed in the business and industrial districts Design is controlled through the conditional use permit. Unfortunately, enforcement of the stipulations of the permit is an on-going process. Used cars can only be sold with new cars. Service is allowed with dealerships. Advertising is addressed through the sign ordinance. Conflicts or issues with adjacent land uses due to auto dealerships have included bright lighting and cars parked on the grass or within the right-of-way (the dealerships want to park as many cars no matter what). Dennis Welsch did comment that dealerships do generate taxes, and there is a political reality in which one must work. CITY OF RPjSEVILLE BUSINESS DISTRICT REGULATIONS 1005.01 1005.01 CHAPTER 1005 BUSINESS DISTRICTS SECTION: not be used for parking or loading. Where a side yard faces a street (cor- 1005.01: General Requirements ner lot), the side yard setback shall be 1005.02: B-1 Limited Business District thirty feet (30'). Where such a corner 1005.03: B-1 B Limited Retail Districts lot side yard faces a residential district 1005.04: B-2 Retail Business Districts across the street, screening shall be 1005.05: B-3 General Business Districts provided as specified in subsection 1005.06: B-4 Retail Office Service District 1005.011. (Ord. 878, 3-23-81) 1005.07: B-6 Office Park Districts 1005.08: Motor Vehicle Rental and 3. Rear Yard Setback; Screen Wall: Leasing Businesses Rear yard setback shall be a minimum 1005.09: Automobile Service Stations of twenty feet (20'). Where the rear yard adjoins a residential district, a screen wall of not less than four feet (4') and not greater than six feet (6') 1005.01: GENERAL REQUIREMENTS: shall be installed and maintained by The following minimum require- the owner of the business parcel to ments shall apply to all buildings that may effectively inhibit eye level vision be erected, c:)nverted or structurally altered between residential and business in business districts: areas. A. Setback Requirements: B. Floor Area Ratio: Ratio between floor area of building and lot area in all 1. Front Yard Setback: Front yard business districts shall not be greater - setback shall be thirty feet (30') in all than 1.0. (Ord. 275, 5-12-59) business districts. Where adjacent structures have front yard sett'acks C. Building Height: Building height in different from those required, the front business districts shall be limited to yard setback shall conform to the three (3) stories, except in B-1 Dis- - average setback of the adjacent struc- tricts wherein the following limitations tures. If only one adjacent lot is occu- shall apply: pied by a structure, the front yard setback shall be the average of the Where buildings are within one hundred fifty • • required setback of that adjacent feet (150') of a residential zone, such build- structure. (Ord. 275, 5-12-59) ings shall be limited to the average height • of existing residential buildings within one 2. Side Yard Setback: Side yard set- hundred fifty feet (150') of a proposed B-1 back shall be a minimum of ten feet building. The City Council may grant a (10'). When a side yard adjoins a conditional use permit for a building in a residential district, the setback shall B-1 District to be a maximum of three (3) City of Roseville 1005.01 1005.01 stories upon application of a petitioner and e. Banks, Savings & Loan Offices holding of a public hearing thereto. Upon and other Financial and/or Thrift _. granting such a conditional permit, the City Agencies: Six (6) spaces per one Council may impose such condition which thousand (1,000) square feet of gross may be appropriate to protect the public floor area. (Ord. 804, 3-14-77) health, safety or welfare. (Ord. 275, 5-12-59; amd. 1995 Code) f. Theater, Other Than Drive-In Type: One space per each three (3) D. Off-Street Parking: seats. (Ord. 878, 3-23.81) 1. Size of Parking Space: Space for a g. Places of Public Assembly In- single vehicle shall be nine feet by cluding Libraries, Museums, Auditori- eighteen feet (9' x 18') or larger, pro- urns and Similar Uses: Four and one- vided up to fifty percent (50%) of the tenth (4.1) spaces per one thousand required spaces may be not less than (1,000) square feet of gross floor - eight feet by eighteen feet (8' x 18') area, or one space per three (3) seats when posted "Compact Vehicles On- in design capacity of all auditoriums or ly", Aisles for ingress and egress shall places of assembly, whichever is be provided and shall be a minimum greater. of twenty four feet (24') in width. (Ord. 878, 3-23-81) h. Bowling Alley: Six and one-half (61/2) spaces per one thousand (1,000) 2. Number of Off-Street Parking Spac- square feet of gross floor area. (Ord. es: Each of the following uses of prop- 804, 3-14-77) erty shall provide the number of off-street automobile parking spaces i. Restaurant and/or Cafeteria: One set forth as follows: space per two and one-half (21/2) seats, plus one space per each twenty — a. Hospital: One and two-tenths (20) square feet of the combined area (1.2) spaces per bed. of bar, lounge and public space, ex- cluding the first two hundred fifty feet _ b. Office Building: Five (5) spaces (250'); in addition, one space per each per one thousand (1,000) square feet fifty (50) square feet of banquet dining of gross floor area, area; and one space per each five (5) seats of outdoor dining area. (Ord. c. Convenience Center, Supermar- 990, 1-13-86) kets, Drug Stores and Similar Retail _ Uses: Five (5) spaces per one thou- j. Fast Food and/or Drive-In Res- sand (1,000) square feet of gross taurant: One space per fifteen (15) leasable area. square feet of gross floor area. d. Shopping Centers Including k. Motor Fuel Station and Motor Neighborhood, Community and Re- Fuel Station Convenience Store: Four gional Shopping Centers: Five (5) (4) spaces, plus three (3) spaces for spaces per one thousand (1,000) each enclosed service stall, plus one square feet of gross leasable area. space per one hundred fifty (150) City of Roseville 1005.01 1005.01 square feet of floor space devoted to Where land uses are proposed that retail sales in a motor fuel station are not specifically listed above before convenience store. (Ord. 804, any permits shall be issued relating to _ 3-14-77) such use, the City Council shall estab- lish a reasonable number of off-street I. Industrial Uses, Including Fabri- parking spaces for such use. (Ord. cation And/Or Processing Of A Prod- 804, 3-14-77) uct Or Material: Four (4) spaces per principal use, plus one additional 3. Surfacing Of Parking Areas: space per eight hundred (800) square feet of gross building area, plus one a. Off-street parking areas shall be space per two thousand five hundred surfaced with asphalt or concrete and (2,500) square feet of land devoted to with permanent concrete curbs to outside storage, or one space per define driveways and parking limits_ employee on the maximum design shift, whichever is greater. (Ord. 878, b. New parking lot surfacing shall 3-23-81) be a minimum of two inches (2") of bituminous pavement. m. Warehouse, Storage, And Han- _ dling Of Bulk Goods As A Principal c. Concrete curb and proper set- Use Or Accessory Use: One space backs will be required if the parking lot per two thousand (2,000) square feet is regraded or reconstructed with a of gross floor area. one inch (1") lift or greater of bitumi- nous pavement. n. Schools, Grade School And/Or Junior High: One and one-fourth d. No concrete curb will be required (1.25) spaces per classroom. High in the following instances: School and/or College: One space per classroom plus one space for each (1) Parking lot seal coated or seven (7) students. surface treated; o. Day Care Center: Four (4) spac- (2) Minor patching or surface es per principal use, plus one space repair (overlay less than 25%). for each five hundred (500) square feet in excess of one thousand (1,000) e. For all new construction in all square feet of gross floor area. zoning districts, site plan review as described in Section 1010.16, is re- p. Churches: One space per three quired and no construction shall occur and one-half (31/2) seats based on the without such review and approval. design capacity of the main assembly hall. (Ord. 804, 3-14-77) f. Site plan review as described in Section 1010.16 shall be required for q. Nursing Homes: One space per all repairs, remodeling and additions if each four (4) beds. (Ord. 878, the construction involved increases 3-23-81) the overall size of the parking lot by ten percent (10%) or in the event that • 1295 City of Roseville 1005.01 1005.01 the construction increases the ed and drained to dispose of all sur- assessor's market value by over twen- face water. Drainage plans shall be ty percent (20%). subject to the approval of the Public Works Director. All construction which repairs or re- models or alters a parking lot between 6. Location: All accessory off-street - ten percent (10%) and fifty percent parking facilities required herein shall (50%) of its size shall not be required be located as follows: to meet all of the criteria outlined above. A percentage of expansion a. Spaces accessory to uses iota, between ten percent (10%) and fifty ed in a business district shall be with- percent (50%) or a monetary improve- in three hundred feet (300') of the + ment between twenty percent (20%) principal building served. and fifty percent (50%) would require a proportional level of improvement. b. There shall be no off-street park- This proportional requirement will be ing within fifteen feet (15') of any determined by the Development Re- street right of way. view Committee subject to appeal by the City Council. The City Council E. Joint Facilities: may refer such an appeal to the Plan- ning Commission for review and rec- 1. Joint Parking Facilities Permitted; ommendation. (Ord. 1084, 1-14-91) Provision: Required parking facilities serving two (2) or more uses may be 4. Van Pooling Programs; Reduction located on the same lot or in the same Of Parking Spaces Required: Where a structure, provided that the total num- , van pooling program exists for em- ber of parking spaces furnished shall ployees of a user of property in a not be less than the sum of the sepa- business district and such program rate requirements for each use. reduces the need for parking spaces, the number of parking spaces not 2. General Conditions For Approval: needed because of such program may The City Council may approve the be reduced from the requirements of joint use of parking facilities for the T subsection 2. Space sufficient to ac- following uses or activities under the commodate such reduced number of following conditions: parking spaces shall be maintained as open space and shall be converted to a. Up to fifty percent (50%) of the parking spaces in the event that the parking facilities required for a the- program is terminated or its effective- ater, bowling alley, dance hall, bar or _ ness in reducing parking space needs restaurant may be supplied by the off- drops. Approval and continuation of street parking facilities provided by such reduced parking space plan shall types of uses specified under subset- _ be made by the Inspection Superin- tion d below as primarily daytime tendent. (878, 3-23-81) uses. 5. Drainage Of Parking Areas: Off- b. Up to fifty percent (50%) of the — street parking areas shall be so grad- off-street parking facilities required for 1295 City of Roseville 1005.01 1005.01 any use specified under subsection d (3) A properly drawn legal instru- below as primarily daytime uses may ment, executed by the parties be supplied by the parking facilities concerned for joint use of off- provided by the following nighttime or street parking facilities, duly Sunday uses: Auditoriums incidental approved as to form and manner to a public or parochial school, of execution by the City Attor- churches, bowling alleys, dance halls, ney, shall be filed with the City theaters, bars or restaurants. Manager. c. Up to fifty percent (50%) of the f. Fractional Spaces: When applica- parking facilities required for a church tion of the regulations for determining or for an auditorium incidental to a required off-street parking spaces public or parochial school may be results in a requirement of a fractional supplied by the off-street parking space, any fraction up to and includ- facilities orovided by uses specified in ing one-half (1/2) shall be disregarded subsecticn d below as primarily day- time uses. d. For the purposes of this subsec- tion, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, person- al service shops, household equip- - ment or furniture shops, clothing or shoe repair or service shops, manu- facturing, wholesale and similar uses. e. Conditions Required For Joint Use: (1) The building or use for which application is being made to utilize the off-street parking facil- ities provided by another building or use shall be located within four hundred feet (400') of such parking facilities. (2) The applicant shall show that there is not substantial conflict in principal operating hours of the two (2) buildings or uses for which joint use of off-street park- ing facilities is proposed. 1295 City of Roseville 1005.01 1005.01 square feet of floor space devoted to are not specifically listed above before retail sales in a motor fuel station any permits shall be issued relating to convenience store. (Ord. 804, such use, the City Council shall estab- 3-14-77) lish a reasonable number of off-street parking spaces for such use. (Ord. I. Industrial Uses, Including Fabri- 804, 3-14-77) cation and/or Processing of a Product or Material: Four (4) spaces per princi- 3. Van Pooling Programs; Reduction pal use, plus one additional space per of Parking Spaces Required: Where a eight hundred (800) square feet of van pooling program exists for em- gross building area, plus one space ployees of a user of property in a per two thousand five hundred (2,500) business district and such program square feet of land devoted to outside reduces the need for parking spaces, storage, or one space per employee the number of parking spaces not on the maximum design shift, which- needed because of such program may ever is greater. (Ord. 878, 3-23-81) be reduced from the requirements of subsection 2. Space sufficient to ac- m. Warehouse, Storage, and Han- commodate such reduced number of dling of Bulk Goods as a Principal Use parking spaces shall be maintained as or Accessory Use: One space per two open space and shall be converted to thousand (2,000) square feet of gross parking spaces in the event that the floor area. program is terminated or its effective- - ness in reducing parking space needs n. Schools, Grade School and/or drops. Approval and continuation of Junior High: One and one-fourth such reduced parking space plan shall (1.25) spaces per classroom. High be made by the Inspection Superin- School and/or College: One space per tendent. (878, 3-23-81) classroom plus one space for each seven (7) students. 4. Drainage of Parking Areas: Off- street parking areas shall be so grad- o. Day Care Center: Four (4) spac- ed and drained to dispose of all sur- es per principal use, plus one space face water. Drainage plans shall be for each five hundred (500) square subject to the approval of the Public feet in excess of one thousand (1,000) Works Director. square feet of gross floor area. 5. Location: All accessory off-street p. Churches: One space per three parking facilities required herein shall and one-half (31/2) seats based on the be located as follows: design capacity of the main assembly hall. (Ord. 804, 3-14-77) a. Spaces accessory to uses locat- ed in a business district shall be with- q. Nursing Homes: One space per in three hundred feet (300') of the each four (4) beds. (Ord. 878, principal building served. 3-23-81) b. There shall be no off-street park- Where land uses are proposed that ing within fifteen feet (15') of any City of Roseville 1005.01 1005.01 - I street right of way. subsection d below as primarily day- time uses. E. Joint Facilities: d. For the purposes of this subsec- 1. Joint Parking Facilities Permitted; tion, the following uses are considered Proviso: Required parking facilities as primarily daytime uses: Banks, serving two (2) or more uses may be business offices, retail stores, person- located on the same lot or in the same al service shops, household equip- . structure, provided that the total num- ment or furniture shops, clothing or ber of parking spaces furnished shall shoe repair or service shops, manu- not be less than the sum of the sepa- facturing, wholesale and similar uses. rate requirements for each use. e. Conditions Required for Joint 2. General Conditions for Approval: Use: The City Council may approve the joint use of parking facilities for the (1) The building or use for which following uses or activities under the application is being made to following conditions: utilize the off-street parking facil- ities provided by another building a. Up to fifty percent (50%) of the or use shall be located within parking facilities required for a the- four hundred feet (400') of such ater, bowling alley, dance hall, bar or parking facilities. restaurant may be supplied by the off- street parking facilities provided by (2) The applicant shall show that types of uses specified under subsec- there is not substantial conflict in tion d below as primarily daytime principal operating hours of the uses. two (2) buildings or uses for which joint use of off-street park- _ b. Up to fifty percent (50%) of the ing facilities is proposed. off-street parking facilities required for _ any use specified under subsection d (3) A properly drawn legal instru- y below as primarily daytime uses may ment, executed by the parties be supplied by the parking facilities concerned for joint use of off- provided by the following nighttime or street parking facilities, duly Sunday uses: Auditoriums incidental approved as to form and manner to a public or parochial school, of execution by the City Attor- churches, bowling alleys, dance halls, ney, shall be filed with the City theaters, bars or restaurants. Manager. Y- c. Up to fifty percent (50%) of the f. Fractional Spaces: When applica- parking facilities required for a church tion of the regulations for determining or for an auditorium incidental to a required off-street parking spaces public or parochial school may be results in a requirement of a fractional supplied by the off-street parking space, any fraction up to and includ- facilities provided by uses specified in ing one-half (72) shall be disregarded City of Roseville 1005.01 1005.01 and fractions over one-half (1/2) as one sales are allowed: B-2, B-3, B-4 and additional parking space. Shopping Center Districts. F. Off-Street Loading: One off-street 3. The outside display of merchan- loading space shall be provided in all dise, except as covered in subsec- business districts in connection with tions 1 and 2 above is permitted by all buildings or additions hereafter conditional use permit. When consid- erected having a gross floor area of ering any such conditional use permit ten thousand (10,000) square feet or request, the Planning Commission more which are to be occupied by a and City Council shall consider the use or uses requiring the receipt or following criteria to determine the distribution of materials or stock by impact of the proposed outside display vehicles. One additional space shall on the site, adjacent properties and be provided for each twenty thousand the community as a whole: (20,000) square feet or major fraction thereof over the original ten thousand a. The amount of outside sales (10,000) square feet. No tractor or area compared to the amount of in- trailer shall be parked in such space side sales space. for over seventy two (72) hours. (Ord. 275, 5-12-59; amd. 1990 Code) b. Location of the outside sales area and the extent it encroaches on G. Enclosure of Certain Businesses Re- required setbacks. quired: c. Impact on traffic and pedestrian 1. All business, storage, service, re- circulation on the site. pair, processing or merchandising display shall be conducted wholly d. Impact on parking on the site. within an enclosed building or behind a solid fence not less than five feet e. The height of merchandise dis- (5') high except for the following uses plays. and in accordance with the conditions herein specified. f. The hours which merchandise is displayed. a. Off-street parking and loading where permitted as accessory uses. g. The type of merchandise to be displayed. b. Display of automobiles and trucks where accessory to authorized 4. The issuance of a conditional use principal uses. permit for the outside display of mer- chandise shall not cause nonconform- 2. Temporary outside display of mer- ing sites to be brought into confor- chandise up to eight (8) days a year mance with all code requirements, or can be approved through a temporary the dedication of street right of way. permit issued by the Chief Code En- (Ord. 1091, 5-28-91; amd. 1995 Code) forcement Officer in any of the follow- ing business districts where retail H. Process and Equipment Limitations: City of Roseville 1005.01 1005.02 Processes and equipment employed A. Permitted Uses: and goods processed or sold shall be limited to those which are not objec- 1. Medical and dental services. tionable by reason of odor, dust, • smoke, cinders, gas, noise, vibration, 2. Offices, business and professional. refuse matter or water-carried waste. 3. Hospitals, sanatoriums and rest I. Buffer Zone Between Business and homes. Residence District: Where a business district abuts a residence district, any 4. Private clubs or lodges. new development shall include a buff- er zone. There shall be a protective 5. Beauty parlors. - strip of not less than ten feet (10') in width. This protective strip shall con- 6. Greenhouses. tain no structures, shall not be used for parking, off-street loading or stor- 7. Lawn and garden centers. (Ord. age and shall be landscaped. The 796, 12-13-76; amd. 1995 Code) landscape treatment shall include a compact screen wall or fence but shall B: Accessory Uses: Off-street parking not extend within fifteen feet (15') of and off-street loading as regulated the street right of way. The planting or under subsections 1005.01D, E and F fence design must be approved by the are permitted in B-1 Districts. City Council as being in harmony with a residential neighborhood and provid- C. Uses Allowed by Conditional Use ing sufficient screening of the corn- Permit: - mercial area. The hedge or fence shall be no less than six (6) nor more than 1. Motels and motor hotels if adjacent six and one-half feet (61/2') in heightto a Federal or State highway. (Ord. 275, 5-12-59) 2. Mortuaries. J. Night Watchman Residences: A night watchman residence is allowed as an 3. Research, design and development accessory use in all business districts. establishments. (Ord. 997, 5-12-86) 4. Churches, public and private colleg- es and schools as a conditional use. 1005.02: B-1 LIMITED BUSINESS DIS- TRICT: In the following subsec- 5. Furniture stores of more than forty tions listed permitted and accessory uses thousand (40,000) square feet. are permitted in the districts under which they are listed. Conditional uses are permit- 6. Antiques, handicrafts and gifts. - ted only by a conditional use permit, issued (Ord. 669, 6-12-72) by the City Council after consideration of the Planning Commission recommendation. 7. Dog kennels. (Ord. 652, 6-21-71) (Ord. 275, 5-12-59; amd. 1995 Code) 8. Research, development and manu- City of Roseville 1005.02 1005.03 facture of electronic medical instru- 4. Retail sales and service structures mentation devices. (Ord. 786, over ten thousand (10,000) square 7-26-76; amd. 1995 Code) feet in area. 9. Schools of music and dance. (Ord. 5. Enclosed cinema theaters. 868, 11-10-80) 6. Motels and hotels. 10. Research, development and man- ufacture of integrated micro-circuit 7. Mortuaries. (Ord. 572, 4-29-68) computer chips. (Ord. 890, 10-26-81) 8. Off-sale liquor stores located in 11. Mail order sales and limited pro- 'shopping centers' as defined in Sec- duction. (Ord. 919, 2-14-83) tion 1002.02. (Ord. 958, 7-23-84) 12. Day care centers. (Ord. 960, B. Uses Allowed by Conditional Use 8-13-84) Permit: Use allowed by conditional use permits in B-1 B Districts provided 13. Parking for off-sale liquor store the same are not less than four hun- where said liquor store is located on a dred feet (400') from any State or contiguous B-2 zoned parcel. (Ord. Interstate highway right of way are: 983, 10-14-85) 1. Retail sales and service structures 14. Parking to accommodate uses in a less than ten thousand (10,000) contiguous business district. (Ord. square feet in area, except drive-ins. 1022, 11-9-87) 2. Health clubs. D. Residential District Uses: Multiple- family dwellings and other uses per- 3. Cultural institutions. mitted in residential districts if con- - structed in B-1 Districts, shall conform 4. Commercial auto washing. to setback, density and other require- ments under residence districts. (Ord. 5. Tires, batteries and automotive 275, 5-12-59) accessory stores. 6. The following subdivisions of per- 1005.03: B-1B LIMITED RETAIL DIS- mitted uses in general business dis- TRICTS: tricts under Section 1005.05: A. Permitted Uses: 1005.05A2. Commercial gymnasiums, swimming pools and skating rinks. 1. All permitted uses in B-1 Districts. 1005.05A4. Blueprinting and photo- 2. Restaurants over five thousand copying establishments. (5,000) square feet in area. 1005.05A5. Catering establishments. 3. Banks and financial institutions. City of Roseville 1005.03 1005.04 1005.05A6. Clothing and costume feet (30') from any street right of way rental shops. and ten feet (10') from any other lot line, 1005.05A13. Orthopedic and medical appliance stores but not including the 3. There shall be no off-street parking assembly or manufacture of such within fifteen feet (15') from any street - articles. right of way nor five feet (5') from any other lot line. 1005.05A15. Pet shops. 4. There shall be no exterior storage 1005.05A18. Recording, broadcasting or exterior display of merchandise. or television studios. (Ord. 572, 4-29-68; amd. 1990 Code; _ amd. 1995 Code) 1005.05A19. Restaurants including live entertainment and dancing. _ 1005.04: B-2 RETAIL BUSINESS DIS- 1005.05A21. Television and radio TRICTS: repair. (Ord. 669, 6-12-72; amd. 1995 Code) A. Permitted Uses: 7. Day care centers. (Ord. 960, 1. Art and school supply stores. 8-13-84). 2. Auto accessory stores. 8. Off-sale liquor stores not located in "shopping centers" as defined at Sec- 3. Banks and financial institutions. tion 1002.02. 4. Barber shops. 9. Rental and leasing of small vehicles _ as regulated by Section 1005.08. 5. Beauty parlors. (Ord. 1099, 8-26-91) 6. Bicycle sales, rental repair stores. 10. Parking to accommodate uses in a contiguous business district. (Ord. 7. Book and stationery stores. 1022, 11-9-87) 8. Cafes or coffee shops. C. Special Minimum Requirements: Mini- mum requirements for B-1B Districts 9. Candy stores. shall be the same as B-1 except that the following additional minimum re- 10. Camera and photographic supply quirements shall apply in B-1 B Dis- stores. tricts: - 11. Carpet and rug stores 1. Front yard setback shall be thirty feet (30'). 12. China and glassware stores. _ 2. Side yard setback shall be thirty 13. Clothes pressing establishments. City of Roseville 1005.04 1005.04 14. Clubs and lodges - private, non- 30. Hobby shops for retail of items to profit. be assembled or used away from the premises. 15. Coin and philatelic stores. 31. Household appliance stores. 16. Custom dressmaking. 32. Interior decorating shops including 17. Department stores. upholstery and making of draperies, slip covers and other similar articles 18. Drug stores. (Ord. 275, 5-12-59) when conducted as a part of the retail operations and secondary to the prin- 19. Dry cleaning and laundry receiving cipal use. stations, processing to be done else- where and dry cleaning services facili- 33. Jewelry stores including watch ties. (Ord. 1023, 11-23-87) repair. 20. Dry goods stores. 34. Laboratories, medical and dental research and testing. 21. Electric and household appliance stores including radio and television 35. Laundries, automatic self-service sales and repair. type or hand employing not more than two (2) persons in addition to the 22. Employment agencies. owner or manager provided that laun- dry machines shall not exceed twelve 23. Florist shops, retail sale of plants (12) pound capacity each. only. 36. Leather goods and luggage stores. 24. Food stores, grocery stores, meat markets, bakeries, delicatessens, 37. Light fixtures and lamp stores. dairy products. • 38. Loan offices. 2E. Frozen food stores including lock- - er rental in conjunction with frozen 39. Locksmith shops. food. 40. Medical and dental services. 26. Furniture stores includirg uphol- stery, when conducted as part of the 41. Meeting halls. retail operation and secondary to the principal use. 42. Musical instruments, sales and repair. 27. Furrier shops including incidental storage. 43. Office supply equipment, sales and service. 28. Garden supply and feed stores. 44. Offices, business and profession- _ 29. Gift shops, hardware stores. al. City of Roseville 1005.04 1005.04 45. Optometrists. 61. Telegraph offices. • 46. Paint and wallpaper stores. 62. Tobacco shops. 47. Phonograph record shops. 63. Toy shops. 48. Photography studios. 64. Travel bureaus, transportation and ticket offices. 49. Physical culture and health servic- es, reducing salons, masseurs, public 65. Variety stores. baths. 66. Wearing apparel shops. (Ord. 275, 50. Picture framing when conducted 5-12-59) for retail trade on the premises only. 67. Off-sale liquor stores located in 51. Private cultural institutions. "shopping centers' as defined at Sec- tion 1002.02. (Ord. 958, 7-23-84) 52. Public uses. (Ord. 275, 5-12-59) B. Permitted Accessory Uses: Permitted 53. Restaurants, when no entertain- accessory uses in B-2 Districts are ment or dancing is provided but ex- off-street parking and off-street load- cluding food take out or self service ing as regulated under subsections restaurants. (Ord. 656, 10-18-71) 1005.01D and F. 54. Restricted production and repair C. Uses Allowed by Conditional Use limited to the following: Art, needle- Permits: work, clothing, custom manufacturing and alterations for retail only; jewelry, 1. Amusement establishments, bowl- from precious metals; watches, den- ing alleys, pool halls, dance halls, tures and optical lenses, household commercial gymnasiums, swimming electrical appliances. pools and skating rinks. 55. Schools - music, dance or busi- 2. Automobile sales (new only). ness. 3. Boat showrooms. 56. Sewing machine sales and ser- vice, household machines only. 4. Fuel and ice sales. 57. Shoe and hat stores and repair. 5. Motel and motor hotels if adjacent to a State or Federal highway. 58. Sporting goods stores. 6. Mortuaries. 59. Tailor shops. 7. Newspaper and magazine stands. 60. Theaters except open air drive-in. 8. Pet shops. City of Roseville 1005.04 1005.05 9. Public utility facilities. 1005.05: B-3 GENERAL BUSINESS DIS- TRICTS: 10. Service stations. (Ord. 275, 5-12-59; amd. 1995 Code) A. Permitted Uses: 11. Commercial auto washing, (Ord. 1. Uses permitted in B-2 Districts 365, 3-26-62) except by conditional use permit. 12. Camping trailer sales. (Ord. 596, 2. Commercial gymnasiums, swim- 4-14-69) ming pools and skating rinks. 13. Snowmobile sales. (Ord. 634, 3. Animal hospitals but no dog ken- 9-28-70) nels. 14. Dog kennels. (Ord. 652, 6-21-71) 4. Blueprinting and photocopying establishments. 15. Food Take Out or Self Service Restaurants. These are restaurants 5. Catering establishments. designed to serve food primarily to be consumed off the premises, or a 6. Clothing and costume rental shops self-service restaurant when food is excluding outside storage. eaten on the premises. (Ord. 656, 10-18-71) 7. Exterminating shops. 16. Restaurants where live entertain- 8. Laundries and diaper services. ment and patron dancing is provided except such entertainment shall not 9. Linen, towels, draperies and similar include dancers or models. (Ord. 707, supply services. 10-29-73) 10. Live bait stores. 17. Off-sale liquor stores not located • in "shopping centers" as defined at 11. Monument sales. Section 1002.02. (Ord. 958, 7-23-84) 12. Mortuaries. 18. Day care centers. (Ord. 960, 8-13-84) 13. Orthopedic and medical appliance stores but not including the assembly 19. Outdoor areas where merchan- or manufacture of such articles. dise, machinery or equipment may be displayed or stored. (Ord. 1064, 14. Pawn shops. 7-24-89) 15. Pet shops. 20. Parking to accommodate uses in a contiguous business district. (Ord. 16. Plumbing showrooms and shops. 1022, 11-9-87) 17. Printing shops employing not more City of Roseville 1005.05 1005.05 than ten (10) persons exclusive of 6. Fuel and ice sales. office help. 7, Machinery sales. 18. Recording studios. 8. Motels. 19. Restaurants including live enter- tainment and dancing, but excluding 9. Newspapers and magazine stands. food take out or self service restau- rants. 10. Public utility facilities. 20. Sign shops. 11. Repair garages. 21. Television and radio repair. 12. Service stations. 22. Warehousing and storage but not 13. Dog kennels. junk yards. 14. Food Take Out or Self-Service 23. Wholesale distribution. Restaurants: These are restaurants designed to serve food primarily to be 24. Off-sale liquor stores located in consumed off the premises or a "shopping centers" as defined at Sec- self-service restaurant when food is tion 1002.02. (Ord, 696, 4-9-73; amd. eaten on the premises. Ord. 958, 7-23-84; amd. 1990 Code; amd. Ord. 1144, 6-13-94) 15. Open sales lots. B. Permitted Accessory Uses: Permitted 16. Outdoor areas where merchan- accessory uses in B-3 Districts are dise, machinery or equipment may be off-street parking and off-street load- displayed or stored. ing as regulated under subsections 1005.01D and F. (Ord. 275, 5-12-59) 17. Motor Vehicle Dealers: This provi- sion authorizes the sale of new motor C. Uses Allowed by Conditional Use vehicles by a motor vehicle dealer and Permit: the sale of used motor vehicles by a motor vehicle dealer but only in con- 1. Automobile repair. junction with sales of new motor vehi- cles. (Ord. 854, 9-10-79; amd. 1995 2. Boats and marine showrooms. Code) 3. Building material establishments 18. Rental and leasing of small vehi- where dimension lumber, millwork, cies as regulated by section 1005.08. cabinets and other building materials (Ord. 1099, 8-26-91) are kept for sale. 19. Off-sale liquor stores not located 4. Commercial auto washing. in °shopping centers" as defined at — Section 1002.02. (Ord, 958, 7-23-84) 5. Drive-ins. City of Roseville 1005.05 1005.06 20. Day care centers. (Ord. 960, 8. Banks and financial institutions, 8-13-84) including drive-in facilities. 21. Parking to accommodate uses in a 9. The following uses are permitted in contiguous business district. (Ord. structures containing a minimum of 1022, 11-9-87) ten thousand (10,000) square feet. a. Permitted uses in B-2 Districts 1005.06: B-4 RETAIL OFFICE SERVICE except auto accessory stores and DISTRICT: public uses. A. Purpose: The purpose of the Retail b. Health clubs, gymnasiums and Office Service District is to provide for swimming pools. a limited mixture of land uses, made mutually compatible through controls c. Bowling alleys when accompa- and high quality standards; to facili- nied by a "traditional restaurant" as tate more intensive and higher valued defined by Section 1002.02. development and redevelopment of areas convenient to the metropolitan d. Blueprinting and photocopying market area. This District shall allow establishments. opportunities to integrate high-quality office structures, hotels, restaurants, e. Catering establishments. retail uses and selected office service and quality manufacturing uses, pro- f. Clothing and costume rental viding the opportunity to benefit from shops. excellent visibility from major arterial routes in conjunction with major local g. Linen, towels, draperies and thoroughfares. similar supply services. B. Permitted Uses: h. Orthopedic and medical appli- ance stores. 1. Medical and dental services. i. Pet shops. 2. Offices, business and professional. j. Recording studios. 3. Private clubs or lodges. k. Manufacture of "electronic equip- 4. Motels and motor hotels. ment and medical instrumentation devices', as defined in Section 5. Mortuaries. 1002.02. (Ord. 895, 1-11-82) 6. Research, design and development 10. Off-sale liquor stores located in establishments. "shopping centers" as defined at Sec- tion 1002.02. (Ord. 958, 7-23-84) 7. Restaurants over five thousand (5,000) square feet in area. 11. Dry cleaning service facilities _ I City of Roseville 1005.06 1005.06 located within a building or mall with a 7. Public utility facilities. minimum of ten thousand (10,000) square feet floor space. (Ord. 1023, 8. Automobile service stations without 11-23-87) motor vehicle sales or leasing. C. Permitted Accessory Uses: 9. Printing shops. (Ord. 895, 1-11-82; amd. 1995 Code) 1. Off-street parking and off-street loading as regulated under subsec- 10. Off-sale liquor stores not located tions 1005.01 D and F. in "shopping centers" as defined at Section 1002.02. (Ord. 958, 7-23-84) 2. Inside parking facilities for cars and/or service trucks including under- 11. Day care centers, (Ord. 960, ground parking facilities or parking 8-13-84) ramps. 12. Outdoor areas where merchan- D. Uses Allowed by Conditional Use dise, machinery, or equipment may be Permit: displayed or stored. (Ord. 1065, 7-24-89) 1 . "Office service building" as defined in Section 1002.02. 13. Parking to accommodate uses in a contiguous business district. (Ord. 2. Retail sales and service structures 1022, 11-9-87) less than ten thousand (10,000) square feet in area except drive-in 14, Rental and leasing of small vehi- restaurants. cies as regulated by Section 1005.08. (Ord. 1099, 9-26-91) 3. Tires, batteries and automotive accessory stores. E. Special Minimum Requirements: The following minimum requirements shall 4. Building, plumbing, electrical con- apply in all B-4 Districts: tractors headquarters provided that not more than fifty percent (50%) of 1. Setbacks: the total area within the principal structure be allocated to a service a. Front Yard Setbacks: The front function with the remaining area to be yard setback shall be thirty feet (30') general office uses. except when the lot fronts on a ser- vice road adjacent to a major arterial 5. Wholesale businesses provided that roadway and the land use across said the area allocated to storage shall not arterial is residential. In such cases, exceed fifty percent (50%) of the total the minimum front yard setback shall floor area of the building. be one hundred feet (100') except the front yard setback for parking shall be 6. Exterior storage of trucks and a minimum of fifty feet (50'). self-propelled equipment accessory to the principal use. b. Side and Rear Yard Setbacks: City of Roseville 1005.06 1005.07 The side and rear yard setbacks shall 1. Office, business and professional. be ten feet (10'). Parking may occur within ten feet (10') of a side or five 2. Medical and dental clinics. _ feet (5') of a rear lot line. In the case of corner or double frontage lots, the 3. Hotel and motel. front setbacks shall apply. 4. Hospital. 2. Building Height; Floor Area Ratio: No limit shall be placed on the height 5. Research, design and development. of buildings in the B-4 District, nor shall any minimum floor area ratio be 6. Bank and financial institutions. required. However, buildings over forty feet (40') in height shall have B. Uses Allowed By Conditional Use front lots not less than three-fourths Permit: (3/4) of the height of the building and side and rear yard setbacks of not 1. Health clubs if ancillary to a permit- less than one-half (1/2) of the height of ted use. the building. 2. Restaurant if ancillary to a permit- 3. Outdoor Storage: There shall be no ted use. outdoor storage of either materials or products. 3. Retail sales if ancillary to a permit- ted use. 4. Vehicle Accessory Storage: Exterior truck and/or self-propelled equipment 4. Day care centers if ancillary to a storage areas accessory to the princi- permitted use. (Ord. 1013, 5-11-87; - pal use and loading and service areas amd. Ord. 1085, 1-14-91; amd. 1995 must be completely screened, except Code) at access points, from the ground level view from contiguous properties 5. Parking to accommodate uses in a and adjacent streets. (Ord. 895, 1-11- contiguous business district. (Ord. 82; amd. Ord. 1085, 1-14-91) 1022, 11-9-87) F. Nonconforming Uses: Any noncon- 6. Rental and leasing of small vehicles forming use created by adoption of as regulated by Section 1005.08 if this Section may be extended, ex- ancillary to a permitted use. (Ord. panded, or intensified so long as such 1099, 9-26-91) extension, expansion, or intensifica- tion would have been permitted prior C. Special Minimum Requirements: - to the adoption of this Section. (Ord. 895, 1-11-82) 1. Maximum Floor Area Ratio: No maximum floor area ratio is required. A minimum floor area ratio shall be 1005.07: B-6 OFFICE PARK DISTRICTS: five-tenths (0.5) achievable in stages through review of conditional use A. Permitted Uses: permit for site plan approval. 1295 City of Roseville 1005.07 1005.08 • . 2. Setbacks: extension, expansion, or intensifica- tion would have been permitted prior a. Front Yard Setback: Front yard to the adoption of this Section. (Ord. setback shall be thirty feet (30'), ex- 1013, 5-11-87) cept when the lot fronts on a service road adjacent to a major arterial road- — way and the land use across said 1005.08: MOTOR VEHICLE RENTAL arterial is residential. In such cases, AND LEASING BUSINESSES: the minimum front yard setback shall be one hundred feet (100') except the A. Uses Allowed By Conditional Use front yard setback for parking shall be Permit: Motor vehicle rental and leas- a minimum of twenty feet (20'). ing businesses as tenants in office and office service buildings may be b. Side And Rear Yard Setbacks: allowed through the issuance of a The side and rear yard setbacks shall conditional use permit in the B-1 B, B- be ten feet (10'). Parking may occur 2, B-3, B-4 and B-6 Zoning Districts. within ten feet (10') of a side or five In the review of such applications, it feet (5') of a rear lot line. In the case shall be determined that the storage of corner or double frontage lots, the of vehicles on the premises shall be _. front setbacks shall apply. purely an accessory use, does not function as display or advertising and 3. Building Height: No limit shall be does not alter the appearance and placed on the height of buildings in character of the property. the B-6 District. However, buildings over forty feet (40') in height shall B. Additional Conditions: In addition to have front lots not less than one-half other conditions that may need to be (1/2) of the height of the building and attached to these conditional use side and rear yard setbacks of not permits to ensure compliance with the less than one-fourth ('/4) of the height intent of this Section, motor vehicle — of the building. rental and leasing businesses shall conform to the following standards: 4. Landscaping: Three percent (3%) of the surface area of land within a park- 1. Small Vehicles: For rental and leas- ing area shall be landscaped with ing businesses, a small vehicle is grass and shrubbery or other ap- defined as a motor vehicle intended proved ground cover. primarily for passenger use and no taller than seven feet (7') in height 5. Outdoor Storage: There shall be no and no longer than twenty feet (20') in outdoor storage of either materials or length. products. (Ord. 1013, 5-11-87; amd. . Ord. 1085, 1-14-91) 2. Large Vehicles: For rental land leasing businesses, a large vehicle is D. Nonconforming Uses: Any noncon- defined as any motor vehicle other forming use created by adopting of than a small vehicle. this Section may be extended, ex- — panded, or intensified so long as such 3. Parking Spaces: The number of 1295 City of Roseville 1005.08 1005.09 parking spaces on site for rental vehi- subject to the approval of the Public cies shall be above and beyond the Works Director shall be installed. number required by the City for em- ployees of the rental or leasing busi- C. Parking and Service Areas and Curbs: ness and for other uses on the site or No parking or service area shall be in the same building. less than five feet (5') from a property line and a box curb shall separate the 4. Maintenance; Cleaning: All mainte- public sidewalk from such parking nance and cleaning of vehicles, all and/or service areas except at ap- equipment for maintenance and clean- proved entrances and exits. ing of vehicles, and all trailers or other equipment or devices used for trans- D. Pump Islands: Center line of pump p7.-.ing vehicles shall be completely island shall be no less than twenty w : :in the principal building or corn- five feet (25') from a property line. pletely screened from eye level of adjacent public streets, residential E. Driveways: No driveway at a property areas and from other tenant spaces if line shall be less than fifty feet (50') the use is in a multi-tenant building. from the intersection of two (2) street right-of-way lines. (Ord. 309, 5. Storage of Vehicles: Storage of 12-13-60; amd. Ord. 1085, 1-14-85) vehicles shall not interfere with the safe and efficient access and circula- F. Signs: Each service station may have tion of vehicles and pedestrians on one pedestal type sign not in excess site. of sixty four (64) square feet nor more than twenty five feet (25') in height 6. Office Building Location Restric- erected within the front yard and no tions: If located in an office building, part of the sign shall be less than six only small vehicles may be rented or feet (6') from a property line (horizon- leased and the parking spaces, tal distance). The pedestal shall not signage and other visible evidence of be greater than eighteen inches (18") the rental or leasing business shall be in diameter and no part of the sign compatible with the office setting. surface shall be less than sixteen feet (Ord. 1099, 8-26-91); amd. 1995 (16') vertical distance from the grade Code) of the nearest driveway or parking area. The pedestal shall not be less than five feet (5') from a driveway. 1005.09: AUTOMOBILE SERVICE STA- (Ord. 342, 10-13-61) TIONS: Automobile service sta- tions shall conform to the following stan- G. Other Products: If service stations sell dards: products other than gas, oil, and other petroleum products, auto parts and A. Surface Covering: The entire site, accessories, or sales from minor other than that taken up by a structure vending machine products, then all or planting, shall be surfaced with other retail sales shall be conducted asphalt or concrete. only in compliance with all require- ments and conditions for sales in B-3 B. Drainage System: A drainage system Districts. (1990 Code) City of Roseville 1006.01 1006.02 CHAPTER 1006 SHOPPING CENTER DISTRICTS SECTION: the general purpose and intent of this Code. Consideration of such varianc- 1006.01: Establishment es shall be as stipulated in subsection 1006.02: General Minimum Requirements 1013.02A, and the City Council may 1006.03: Permitted, Accessory and impose such conditions thereto as Conditional Use Permit Uses may be appropriate. B. Floor Area Ratio: Ratio between floor area of building and lot area shall not 1006.01: ESTABLISHMENT: In order to be greater than 0.5. provide for modern retail sales and service facilities of integrated design in C. Lot Coverage: Not more than twenty appropriate locations, the 'S-C' Shopping five percent (25%) of the lot area shall Center District is established. It is intended be occupied by buildings. that development within a shopping center district be designed and developed as an D. Building Height: Building height shall integrated unit according to an overall plan. be limited to three (3) stories where a (Ord. 275, 5-12-59) basement is included as one of the three (3) stories. Where a basement is not included, the building height shall 1006.02: GENERAL MINIMUM RE- be limited to two (2) stories. In no QUIREMENTS: The following event shall a building exceed thirty _ minimum requirements as set forth in this five feet (35') in height above grade Chapter shall apply to all buildings that may level. be erected, converted or structurally altered in shopping center districts. E. Plan Requirements: The proposed development shall be constructed in A. Setback Requirements: accordance with an overall plan de- signed as a single architectural unit 1. Front, side, and rear yards shall be with appropriate landscaping and shall a minimum of one hundred feet (100'). provide for the initial construction of Setbacks for side yards and rear either a minimum of ten thousand yards adjacent to B1-B, B-2, B-3, B-4, (10,000) square feet of floor area or a B-6, I-1 or 1-2 zones shall be sixty feet minimum of six (6) of the uses permit- (60'). The owner or developer may, at ted in this district. A proposed plan for owner or developer's own option, the ultimate development of the dis- submit a setback plan wherein design trict shall be filed with the plans in conditions or other considerations applying for a building permit. Such _ indicate a variance to these require- plans shall include proposals for ade- ments which would not conflict with quate handling of parking, drainage, City of Roseville 1006.02 1006.03 ! vehicular and pedestrian traffic and ing of same, a compact screen wall or screening so as to allow the Inspec- fence which limit shall be not less tion Superintendent, the Public Works than seventy five percent (75%) Director and the City Council to deter- opaque. The planting or fence design mine the adequacy of such provisions. must be approved by the City Council and shall be in harmony with a resi- F. Off-Street Parking and Off-Street dential neighborhood and provide Loading: Off-street parking require- sufficient screening of the shopping ments shall be as listed in subsection center operations. The hedge or fence 1005.01D. shall be no less than six feet (6') nor more than six and one-half feet (672') G. Off-Street Loading: Off-street loading feet in height. . - and servicing space shall be set aside for each store unit in the shopping 3. Special Requirements When Rear district. Such loading space shall be Yard Includes Loading Area: Where a designed so as not to conflict with rear yard of a shopping center district movement of vehicular traffic to and includes the loading and servicing from parking areas. (Ord. 275, area of a building and where such a - 5-12-59) rear yard is adjacent or across the street from a residential district, the H. Other Requirements. building setback shall be one hundred twenty feet (120'), and the buffer strip 1. Certain Businesses in Shopping shall be sixty feet (60'). (Ord. 275, Center Districts to be Enclosed: All 5-12-59; amd. 1995 Code) business, storage, service, repair or processing, box and crate storage or merchandise display shall be conduct- 1006.03: PERMITTED, ACCESSORY ed wholly within an enclosed building AND CONDITIONAL USE PER- or behind a solid fence not less than MIT USES: The permitted and accessory five feet (5') high except as allowed in uses listed under B-2 Business District shall subsection 1005.01G. (Ord. 1066, be the permitted and accessory uses allow- 7-24-89) able in S-C Shopping Center District. 2. Buffer Zone: Where a shopping The conditional uses listed under B-2 Busi- center district abuts a residence dis- ness District shall be the conditional uses trict, any new development shall in- permitted in S-C Shopping Center District, clude in the required setback a buffer by a conditional use permit issued by the zone not less than forty feet (40') in City Council after consideration of the Plan- width. This protective strip shall con- ning Commission's recommendation. (Ord. tain no structures, shall not be used 275, 5-12-59; amd. 1995 Code) for parking, off-street loading or stor- age, and shall be landscaped. The landscape treatment shall include the seeding of grass or sodding of the whole of the buffer strip, the planting of shrubbery and trees and maintain- City of Roseville CITY OF ko �s H E SIGN CODE DECEMBER, 1995 1009.01 1009.02 CHAPTER 1009 SIGN REGULATIONS SECTION: modity, service or entertainment sold or offered upon the premises where such sign 1009.01: Permits Required is located including all signs not otherwise 1009.02: Definitions permitted by this Code. (Ord. 884, 7-27-81) 1009.03: General Provisions 1009.035: Excepted From Regulations BALLOON: A spherical, flexible, nonporous 1009.04: Residence District Signs bag inflated with air or a gas lighter than 1009.05: Regulations In B-1 And B1-B air, such as helium. Such balloons may be Districts of various shapes, sizes and characters. 1009.06: Regulations In B-2, B-3, B-4, B-6 And S-C Districts BANNERETTE: A sheet of fabric or plastic 1009.07: Regulations In I Districts that resembles a flag, and has minimum 1009.08: Type And Gross Surface Of dimensions of two feet by two feet (2' x 2'). Signs In B, S-C And I Districts Smaller sized bannerettes are defined as 1009.09: Through And Corner Lots "pennants". 1009.10: Nonconforming Use BANNERS: Attention-getting devices of various shapes, sizes and colors that typi- cally are made of a paper, cloth or plastic 1009.01: PERMITS REQUIRED: Signs like material. (Ord. 1163, 7-24-95) are permitted in all use districts subject to the provisions of this Chapter. No BUSINESS SIGN: A business sign is a sign "sign" as herein defined shall be erected or which directs attention to a business, its attached to a structure, fence or wall with- name or address, located on the premises out a permit from the Chief Code Enforce- of the business or to a commodity, service ment Officer. Real estate and political signs or entertainment sold or offered upon the in R-1 and R-2 Zoning Districts shall be premises where such sign is located. (Ord. exempt from this requirement. (Ord. 1116, 884, 7-27-81) 10-12-92) CONTRACTOR SIGN: A nonilluminated sign announcing the names of architects, 1009.02: DEFINITIONS: As used in this engineers, contractors or other individuals Chapter, the following words and or firms involved with the construction, terms shall have the meanings ascribed to alteration or repair of a building or property . them in this Section: or announcing the character of the building enterprise or purpose for which the building ADVERTISING SIGN: An advertising sign is is intended but not including the advertise- a sign which does not direct attention to a ment of any product. business, its name or address, located on the premises of the business or to a corn- 1295 City of Roseville 1009,02 1009.02 DIRECTIONAL SIGN: A sign which contains space between the ground and the sign no advertising and is intended to facilitate face. (Ord. 1116, 10-12-92) the safe movement of pedestrians and vehicles into, out of and around the site on ILLUMINATED SIGN: An illuminated sign is which the sign is located. (Ord. 1116, a sign on which artificial light is directed on 10-12-92) or from it. FLAGS: A piece of cloth or bunting varying MOBILE SIGN: A mobile sign is a sign in color and design, used as a symbol, mounted or carried on a trailer or motor standard, emblem or insignia identifying a vehicle for the primary purpose of exhibiting governmental agency or any civic, charita- such sign: ble, religious, institutional, patriotic, corpo- rate, fraternal or similar organization, flags NAME PLATE SIGN: A name plate sign is a or foreign nations having diplomatic rela- sign which states only the name or address tions with the United States and any other or both of the business or occupant of the flag adopted or sanctioned by the legisla- lot where such sign is placed. (Ord. 723, tive body of a governmental jurisdiction. 4-12-74) (Ord. 1163, 7-24-95) PENNANTS: Small flags less than four (4) — FLASHING SIGN: A flashing sign is an square feet of triangular or different shapes illuminated sign on which the artificial light that are typically plastic or cloth. (Ord. is not maintained stationary or constant in 1163, 7-24-95) intensity and color at all times when such sign is in use or any sign which, by optical POLITICAL SIGN: A sign or poster an- or mechanical means, appears to simulate nouncing candidates seeking political office a flashing sign. or issues to be voted upon at a political election. (1116, 10-12-92) GROSS SURFACE AREA: Each surface utilized for display shall be included in area PYLON SIGN; A freestanding sign support- calculation and also symbols, flags, word- ed by its own structure and not attached to ing, figures or other forms of graphics paint- any building. (Ord. 723, 4-12-74) ed, attached to any structure or otherwise suspended; advertising on persons, animals REAL ESTATE SIGNS: Any sign erected to or vehicles shall be considered as a sign to advertise the sale, rental or lease of a be included. The area of said signs shall be building or property. (Ord. 1116, 10-12-92) calculated from the outside dimensions of the frame. For dual-faced business signs, RIBBONS OR STREAMERS: Long or var- the larger face shall be considered in corn- ied lengths of cloth, plastic or paper used to puting the gross surface area. All areas decorate. (Ord. 1163, 7-24-95) referred to in this Code shall be gross sur- face areas unless otherwise stated. (Ord. ROOF SIGNS: Any sign erected upon or 723, 4-12-74) projecting above the roof line of a structure to which it is attached. For purposes of this GROUND SIGN: A ground sign is a sign Code, the roof line shall be considered the that is mounted on the ground attached top of the cornice of a flat roof, the eave either to footings or a base with no open 1295 City of Roseville 1009.02 1009.03 line of a p ched roof and the bottom edge WINDSOCK: A large roughly conical device of any sloping section of a mansard roof. open at both ends and attached to a stand by a pivot so that the wind blows through it, ROTATING SIGN: A rotating sign is a sign not including devices used for navigational or display which rotates on its axis by me- purposes. (Ord. 1163, 7-24-95) chanical means. (Ord. 1116, 10-12-92) SEARCHLIGHT: A powerful light or lights 1009.03: GENERAL PROVISIONS: equipped with a reflector to produce a bright beam or beams. (Ord. 1163, 7-24-95) A. Prohibited Signs: The following signs are prohibited in all zoning districts: SIGN: A sign is a name, identification, de- scription, display, illustration or device 1. Advertising signs. which is affixed to, painted or represented directly or indirectly upon the outside of a 2. Flashing Signs: Signs addressed to building or other surface and which directs drive by traffic (not interior signs) attention to an object, product, place, activi- giving off intermittent or rotating ty, person, institution, organization or busi- beams. Where the message or graph- ness. A sign shall be considered as a struc- is content of a sign can be changed ture or a part of a structure for the purpose by mechanical or electronic means, of applying yard and height regulations such message may not change more except as hereinafter stipulated. (Ord. 723, than once every twenty four (24) 4-12-74) hours except messages displaying time and temperature. SPECIAL EVENT DEVICE: Any sign, search light, laser display or other atten- 3. Mobile signs. tion-getting device used in conjunction with a business grand opening or other special 4. Roof Signs: Roof signs, roof adver- event. (Ord. 1163, 7-24-95) tising symbols, roof logos, roof statues or roof sculptures shall not be permit- WALL AREA: Wall area is the total gross ted in any district. area of the wall facing any one street as measured from architectural elevation draw- 5. Rotating signs. ing viewed from the direction of the street. 6. Signs Conflicting With Traffic Sig- WALL SIGN: A sign constructed on a panel nals: No sign shall be erected that, by attached to a structure or raised letters or reason of position, shape or color, symbols attached to a wall or combination would interfere in any way with the thereof. No part of such a sign is painted on proper functioning or purpose of a the wall surface. (Ord. 723, 4-12-74) traffic sign or signal. All displays shall be shielded to prevent light from being WHIRLING DEVICE: Any attention-getting directed at oncoming traffic in such device that twirls or spins by control of wind brilliance as to impair the vision of any or mechanical means. driver. This includes indoor signs which are visible from public streets. 1295 City of Roseville 1009.03 1009.03 7. Painted Signs: Signs painted direct- and/or separate uses are located on a ly on the outside wall or roof of the single lot, it shall be the responsibility building shall not be permitted in any of the owner of the property to allo- zoning district. Signs shall not be cate the permitted aggregate gross painted on fences, rocks or similar surface areas and sign location be- structures or features in any district. tween the uses in such a way as to Paper and similar signs shall not be conform with the regulations set forth attached directly to a building by an in this Chapter. adhesive or similar means. D. Real Estate Signs: 8. Banners, Bannerettes And Bal- loons: Banners, bannerettes, balloons 1. Size And Placement: For the pur- over two feet (2') in the largest dimen- pose of selling, renting or leasing any sion, pennants, spinners, windsocks, property, a sign not in excess of ten streamers, ribbons, whirling devices, (10) square feet in gross surface area light bulb strings, flashing signs, por- per side in residence districts may be table trailer signs, portable sandwich placed within the front yard or in the board or A-frame signs, and hot or public street right of way beyond the cold air balloons exceeding two feet front yard. No part of the sign shall be (2') in the largest dimensions. closer than six feet (6') from the curb. If there is a sidewalk, no part of the 9. Displays: Displays or features on sign shall be closer than two feet (2') any landscaped area, except live from the edge of the sidewalk. vegetation and except on light poles. 2. Number Of Signs: Only one sign is 10. Additional Lights: Added lighting permitted per lot, except double front- } which does not meet City Code. ed or through lots may be permitted an additional sign on the second front- 11. Advertising: Advertising or special age and lots with lakeshore frontage event devices in any public right of may be allowed an additional sign on way. the lake side of the lot at least twenty five feet (25') back from the shore line B, Placement Of Signs: Signs, other than of the lake. paper signs, may be placed on any wall or a structure and may extend a 3. Multiple-Dwelling Units: For the maximum of eighteen inches (18") purpose of selling or promoting a from such wall into a required yard. residential property of six (6) or more Signs are subject to all yard and build- dwelling units, a two (2) sided sign not ing height requirements in all districts to exceed thirty five (35) square feet except that no sign shall extend above per side and not more than eight feet the height of a building to which it is (8') in height or a combination of a attached. ground-mounted sign and wall-mount- ed signs not to exceed seventy (70) C. Aggregate Signs: Where signs are square feet may be erected upon the erected on commercial sites where side not less than fifteen feet (15') two (2) or more principal buildings from a property line. 1295 City of Roseville 1009.03 1009.03 4. Two-Sided Signs: In all other dis- which shall be as governed by the tricts, a two-sided sign not to exceed Building Code; and real estate signs thirty five (35) square feet gross sur- and political signs as regulated in this face area per side and not more than Chapter. City, County and State traffic eight feet (8') in height, or a combina- directional signs are permitted. tion of a ground-mounted sign and wallmounted signs not to exceed sev- G. Temporary Signs: enty (70) square feet may be placed not less than fifteen feet (15') from a 1. Permit Required: Permits for tern- property line. porary signs, grand opening signs, special event signage and other atten- 5. Removal Of Signs: Real estate tion-getting devices may be issued for signs shall be removed within seven search lights, balloons or groups of (7) days following the Tease or real balloons not exceeding two feet (2') in estate closing. the largest dimension, tents, bannerettes, laser light shows and E. Political Signs: similar attention- getting devices. Temporary signs shall not include 1. In years when a State general elec- banners. During any calendar year, tion is held, political signs may be temporary signs, grand opening signs, posted from August 1 until ten (10) special event signage and other atten- days following the State general elec- tion-getting devices may be in place tion. Any such signs must be removed no more than twelve (12) days, except by those responsible for their being institutional uses which shall be al- posted. lowed for no more than thirty (30) days. 2. In years when no State general election is held, if there is a primary 2. Size: The surface of any temporary for any office, political signs for all sign shall not exceed seventy five (75) offices may be posted no more than square feet. This area shall be in twenty one (21) days before the pri- addition to permanent, window and mary election. When there is no pri- other signage allowed elsewhere in mary for any office, such signs may this Chapter. be posted not more than twenty one (21) days before the general election. 3. Denial Of Permit: No such permit All such signs must be removed by will be allowed if it interferes with the those responsible for their being post- use and enjoyment of adjacent land or ed within five (5) days following the constitutes a danger to the public. In general election. Said political signs the event the Chief Code Enforcement shall not exceed twelve (12) square Officer determines that such a condi- feet gross area. tion exists, the permit shall not be granted. F. Public Ways: Signs shall not be per- mitted within the public right of way or 4. Appeal Of Denial: The Chief Code easements except bench signs and Enforcement Officer's decision may be newspaper and cab stands, all of appealed to the City Council. 1295 City of Roseville 1009.03 1009.03 • H. Holiday Signs: Signs or displays which L. Window Signs: Signs affixed to, or I contain or depict messages pertaining painted on windows or placed within . to a national, State or religious holiday thirty six inches (36") of a window to ;— and no other matter, may be displayed be viewed from the exterior of the over a period not to exceed a total of building shall not occupy more than sixty (60) days per calendar year. The twenty five percent (25%) of the total aggregate total area of such signs window area, nor shall they be placed shall not exceed fifty (50) square feet. in a location that would block the view into the building from a public street of I. City And Public Signs: Except for the clerk or cashier's area. Under no traffic-related signage, all permanent circumstances shall the total area of City, school, or other governmental window signage exceed one-half (1/2) unit signage including flags must be the allowable area of wall signage for — approved by the City Council. the affected building. J. Signs Without Frames: Signs which M. Ground Signs: In lieu of a pylon sign, _ have letters or graphics mounted a ground sign would be permitted. directly on a wall or fascia or in such a Ground signs may be of equal sign way as to be without a frame shall be area allowed for pylon signs in the _ permitted to exceed the normal sign same zoning district. Ground signs size required by forty percent (40%). shall be limited to a maximum of eight The dimensions for calculating the feet (8') in height. Ground signs may square footage shall be in the area be set back from street rights of way a extending six inches (6") beyond the distance equal to one-half (1/2) of the periphery formed around such letters setback for pylon signs in the same or graphics in a plane figure bounded zoning district. 1 by straight lines connecting the outer- most points. Each surface utilized to N. Contractor Signs: Contractor signs display a message or to attract atten- shall be confined to the site of con- — tion shall be measured as a separate struction, alteration or repair and shall sign. be constructed of high quality material maintained in good repair. No more K. Directional Signs: Directional signs than one sign is permitted on each may be incorporated into a develop- street frontage the project abuts. The ment including information such as sign shall be removed within one traffic directions, house numbers, hundred eighty (180) days of the date management office location or other of the issuance of a building permit for information necessary to direct per- the work. A conditional use permit is sons to facilities or areas within the required for a contractor sign to re- } development provided; however, that main in place longer than allowed by such signs shall not exceed four and this subsection. one-half (41/2) square feet in size and six feet (6') in height and are not clos- In R-1 and R-2 Districts, contractor er than one foot (1') from a public signs may not exceed ten (10) square street right of way. Off-premises direc- feet in area or six feet (6') in height tional signs are prohibited. and shall be placed within the proper- 1295 City of Roseville 1009.03 1009.04 ty line or construction fence. In all 2. Multiple-Family Units: Exclusive of other districts, buildings one hundred house numbers, one name place sign thousand (100,000) square feet in size for each dwelling group of six (6) to and less are allowed one sign not to twelve (12) units which shall not ex- exceed forty eight (48) square feet; ceed six (6) square feet in area per buildings larger than one hundred surface. One name plate sign for each thousand (100,000) square feet and dwelling group of twelve (12) to twenty less than two hundred fifty thousand four (24) units which shall not exceed (250.000) square feet in size are al- twenty four (24) square feet in area lowed one sign not to exceed sixty per surface. One name plate sign for (60) square feet; and buildings over each dwelling unit group above twenty two hundred fifty thousand (250,000) four (24) units which shall not exceed square feet are allowed one sign not one square foot per unit in the dwell- - to exceed eighty (80) square feet in ing group to a maximum of one hun- size. (Ord. 1163, 7-24-95) dred (100) square feet in area per surface. Such name plate signs may be attached to the wall of a building or 1009.035: EXCEPTED FROM REGULA- may be freestanding. In no case shall TIONS: Signs including electron- more than one sign be allowed for is message devices within the interior of each dwelling group. All such signs buildings, shopping malls, or signs which shall conform to setback requirements are not intended to be visible beyond the of the Code. No sign shall be con- premises on which the signs are located structed so as to have more than two are not subject to the regulations set forth (2) display surfaces. Said signs may in Section 1009.03. (Ord. 1163, 7-24-95) indicate the names of the buildings, project names, may be a directory for occupants or state any combination of 1009.04: RESIDENCE DISTRICT SIGNS: the permitted information. (Ord. 878, 3-23-81) A. Sign Regulations: The following signs are permitted in Residence Districts: B. Institutional Uses: Churches, schools and other permitted institutional uses 1. Single-Family, Duplex: Exclusive of in Residence Districts may have an house numbers, one name place sign illuminated name plate sign not great- for each single family or duplex dwell- er than fifty (50) square feet in gross ing unit which shall not exceed three surface area. Temporary signs adver- (3) square feet in area per surface tising a special event may be posted and no sign shall be so constructed as after receiving a permit from the In- to have more than two (2) display spection Superintendent. Such sign surfaces and must be at least ten feet shall not be greater than seventy (70) (10') from the street right-of-way line. square feet in area, less than thirty Permiti.;d home occupations may feet (30') from a property line and have a business sign not to exceed shall not be displayed longer than three (3) square feet and shall not be thirty (30) days. (Ord. 723, 4-12-74) illuminated. (Ord. 723, 4-12-74; amd. 1995 Code) 1295 City of Roseville 1009.04 1009.08 C Prohibited Signs: Illuminated signs, 1009.08: TYPE AND GROSS SURFACE rotating signs and those listed in the OF SIGNS IN B, S-C AND I general provisions shall not be permit- DISTRICTS: ted with any R District. (Ord. 1116, 10-12-92) A. Each building in B, S-C and I Districts shall be allowed signage equal in area to the percentage of the square foot- 1009.05: REGULATIONS IN B-1 AND B1- age of the building elevation facing B DISTRICTS: Within the B-1 the street or the square footage indi- and B-1 B Districts, only nameplate signs cated in the schedule set forth in sub- and business signs are permitted. Gross section E below. For the purposes of surface area and type of sign shall be al- this Chapter, both faces of a two (2) lowed as listed in Section 1009.08. (Ord. sided pylon or ground sign shall be 1116, 10-12-92) counted in the allowable square foot- age calculation. 1009.06: REGULATIONS IN B-2, B-3, B. As part of the total allowed area of B-4, B-6 AND S-C DISTRICTS: signage one pylon sign or ground sign Within the B-2, B-3, B-4, B-6 and S-C Dis- per building shall be allowed with a tricts, only nameplate signs, business signs maximum square footage as indicated and illuminated signs are permitted. Gross on the schedule set forth in subsec- surface area and type of sign shall be as tion E below. listed in Section 1009.08 except that two (2) or more signs may not be arranged and C. Where more than one business or integrated so as to cause a gross surface industry is housed in a single building, area exceeding the limitation in this Sec- allowable signs and sign area may be tion. (Ord. 1116, 10-12-92) shared but shall not exceed the maxi- mum allowance listed in the schedule for the building. 1009.07: REGULATIONS IN I DIS- TRICTS: Within the I-1 and 1-2 D. If a development chooses not to have Districts, nameplate signs, business signs a pylon or ground sign, a bonus in and illuminated signs are permitted as list- total allowed area of signage will be ed in Section 1009.08. (Ord. 1116, given as listed in subsection E below. 10-12-92) 1295 City of Roseville 1009.08 1009.10 E. Maximum Sign Area Sign Of Without Gross Sign Area Per Pylon Or Pylon Or Street Frontage Ground Sign Ground Sign B-1, B-1 B or I 7% or 150 sq. ft. 75 sq. ft. 7% plus per face 75 sq. ft. Bonus or 225 sq. ft.* B-2, B-3, B-4, 10% or 200 sq. feet' 100 sq. ft. 10% plus B-6 or S-C per face 100 sq. ft. Bonus or 300 sq. ft. 'Whichever is greater. (Ord. 1116, 10-12-92) F. Wall signage for tenant spaces on 1009.10: NONCONFORMING USE: All portions of the building that do not nonconforming signs in exis- front on public streets shall be allowed tence on July 27, 1981, may continue sub- an area of wall signage not to exceed ject to the provisions of Chapter 1011 of one-half (1/2) the allowable area of wall this Code. (Ord. 884, 7-27-81) signage for the affected building. G. The height of pylon signs shall be limited to twenty feet (20') in the B-1, B-1 B, B-2, B-3, B-4 and B-6 Districts and twenty five feet (25') in the S-C and I Districts. (Ord. 1122, 4-26-93) 1009.09: THROUGH AND CORNER LOTS: In the case of through lots and/or corner lots, the square footage of signs shall be allowed for all wall areas facing said street based on the require- ments as outlined in Section 1009.08, ex- cept that one pylon sign shall be allowed per interior or corner lot, two (2) pylons for through lots or triple-fronted lots and three (3) pylons for lots surrounded on all sides by public street frontage. (Ord. 1116, 10-12-92) 1295 City of Roseville CITY OF STILLWATER STEVE RUSSEL, 439-6162 Actually, there are no auto dealerships in Stillwater, they are in Oak Park Heights. The city has not made a conscious decision to not have dealerships, it was just developed that way. CITY OF OAK PARK HEIGHTS MIKE ROBERTSON, 439-4439 Auto dealerships are addressed in B-2, general business. Design is controlled through a conditional use permit. The permit is required for outdoor storage. Dealerships are not limited to just new or just used cars or trucks. Currently there are no auxiliary uses associated with an auto dealership. If the dealership wanted to a body shop, service, etc. they would just need a permit. Mike Robertson does not see it as a problem. Advertising is addressed in the sign ordinance. For "X" square feet of building, "Y" square feet of sign is allowed. There have not been any conflicts or issues with adjacent land uses due to auto dealerships. In 1991, the City annexed the area that had the dealership. There is still very little built around the auto dealership. CITY OF MINNETONKA KIM LINDQUIST, 939-8200 Auto dealerships are addressed in B-2 and B-3, both business districts, but the dealerships actually exist in I as non-conforming, and in the PID along 1-394. No new dealerships can come into the city. A few years ago General Motors wanted to change the ordinance, but the city council would not approve it. The dealerships are located in commercial areas, some dealerships are next to each other and in other areas separated by strip malls. Conditional use permits, site plans and building plans approval are used to control design. The conditional use permit is related to the use and the site and building plan is more related to performance. The ordinance allows for some expansion of an existing dealership through a conditional use permit. Kim Lindquist noted that when reviewing conditional use permits and site and building plans, it is important to be sensitive to actual business operations. If there is a space for a car, a car will fill it. There are always problems with compliance so it is best to think of physical barriers rather than administrative. Some of the dealerships have service/car repair facilities. Placement and screening of overhead doors are reviewed in the conditional use permit. Advertising for the dealerships is addressed in the sign ordinance. The signage is based on the square footage of the building (which is good in relation to auto dealerships because they usually want smaller buildings). No product or service signs are allowed. They do allow directional signage on the property ("to customer service").. As signs are upgraded they are brought into compliance. Conflicts or issues with adjacent land uses due to auto dealerships include: • Noise - There is a residential area behind the dealership but the two are separated by a wetland and the residential area is slightly elevated. However, this makes little difference in regards to noise. • Lights, especially in the winter. • Test driving through residential neighborhoods - Some neighborhoods have put up "no test driving" signs in an attempt to keep people from test driving through the neighborhood. In other areas, test driving occurs on frontage roads. Where test drivers are likely to think a frontage road continues, yet it actually enters a residential area, the city has installed "no outlet "signs. • Trucks parked on the road unloading - Because of the limited space on the auto dealership lot, transport vehicles unload on the city street. "No parking" signs were posted to deter this action. C F( CF Mt 1 .;1\) ZONING ORDINANCE SECTION 300. 31 PAGE 272 b. Service Commercial: Business uses primarily engaged in commercial activities other than the sale of goods or merchandise. c. Retail Commercial: Uses which primarily involve the sale of goods or merchandise to the general public for personal or household consumption. Office and service commercial uses as noted above are also permitted. d. Mid-Density Residential: Residential development at densities ranging from 4-12 units per acre. e. High-Density Residential: Residential development at densities exceeding 12 units per acre. 2) A use which is generally referenced as a conditionally permitted use but which does not meet the definition or criteria for the conditionally permitted use is not a permitted use. For example, any restaurant which does not meet the requirements for the various categories of restaurants under conditionally permitted uses is not permitted. (Added by Ordinance 89-559, 7-13-89) Exterior display, sales or storage: Within the Planned I-394 District, exterior display, sales or storage of merchandise, consumer goods or business related items is not permitted. Exceptions to this requirement are limited to the following: a. Development existing on the effective date of this section: Properties which contain exterior display, sales or storage of merchandise, consumer goods or business related items may continue this activity. When site changes, exterior improvements or expansions to this property are proposed, the entire property is subject to all applicable landscape, lighting, noise and buffering requirements of this ordinance. b. Expansion of development existing on the effective date of this section: Properties which contain exterior display, sales or storage of merchandise, - consumer goods or business related items may expand the exterior display, sales or storage in existence on the effective date of this section by no more than 20% of the entire property area. In no case, however, can the expansion extend along I-394 by ZONING ORDINANCE SECTION 300.31 PAGE 276 1. shall not be located adjacent to residential parcels unless the following criteria are met: . a) Parking and loading facilities are screened from residential views. b) Lighting and sign plans are unobtrusive to residential uses. 2 . shall only be permitted when it can be demonstrated that operation will not significantly lower the existing level of service as defined by the Institute of Traffic Engineers on the roadway system. 3 . are required to submit a detailed parking demand analysis. Additional parking may be required based on this analysis. g. licensed day care facilities on property designated - for office, retail or service commercial use — 1. shall have loading and drop-off points designed to avoid interfering with traffic and pedestrian movements; 2 . shall have outdoor play areas located and designed in a manner which mitigates visual and noise impacts on adjoining residential areas; 3 . shall have one parking space for each six children based on the licensed capacity of the center; and 4 . shall obtain all applicable state, county and city licenses. h. public buildings or facilities on property designated for any use 1. are subject to site and building plan review pursuant to section 300. 27 of this ordinance. 410 service stations and other automobile related uses having service bays on property designated for retail use ZONING ORDINANCE SECTION 300.31 PAGE 277 1. shall have no unlicensed and inoperable vehicles stored on premises except in storage areas where the contents are completely screened from the view from nearby properties; 2 . shall conduct all repair, assembly, disassembly and maintenance of vehicles within closed buildings except minor maintenance, such as inflating tires, adding oil and replacing wipers; 3 . shall have no public address system audible from any residential parcel; 4 . shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking areas and shall not • be permitted in any public right-of-way, private access easement or within the required — parking setback; - 5. shall have no sales, storage or display of automobiles; and, 6. shall not be located within 100 feet of any low density residential parcel or adjacent to medium or high density residential parcels. The city may reduce separation requirements if the following are provided: a. landscaping and berming to shield the auto service use; b. parking lots not located in proximity to residential uses;and, c. lighting plans which are unobtrusive to surrounding residential uses; j . retail facilities having gasoline pumps on property designated for retail use 1. shall have no vehicles which are unlicensed and inoperable stored on premises; ZONING ORDINANCE SECTION 300. 31 PAGE 282 3. shall not be permitted when traffic studies indicate significant impacts on the levels of service as defined by the Institute of Traffic Engineers on the roadway system. q. exterior display, sales or storage consistent with the provisions of Section 300.31, Subdivision 4 a) (3) . 1. All merchandise, consumer goods and business related items shall be kept in a neat and orderly fashion at locations indicated on approved plans; 2 . A combination of landscaping and berming to screen views of the exterior sales, display or storage area from adjacent properties shall be provided; 3 . All service or maintenance activity shall occur within the principal building; 4 . All applicable provisions of Section 300 shall be met; 5.— public address systems shall not be- audible on residential property. If continued complaints regarding audible public address systems are received, the city retains the right to require removal of the system; and 6. detailed lighting plans shall be provided which show that there will be no direct residential views of the light source. Decorative light fixtures shall be provided. Stringer type lighting is not permitted. (Added by Ordinance 89-559 , 7-13-89) r. antenna devices on property designated for office, service commercial or retail use 1. permitted locations are upon buildings allowed as principal or conditional uses or upon public structures such as water towers. Freestanding locations are not permitted; 2 . buildings or structures must be a minimum of 50' in height; CITY OF WOODBURY (No material submitted as of 3-22-96) CITY OF EAGAN LISA FREESE, 681-4688 Auto dealerships are allowed in the general business district. The general business district has only 54 acres (of the total 21,438 in the city of Eagan, approximately 0.25%). If a dealership 11111 wanted to come into Eagan, most likely they would have to have an area re-zoned In addition, outdoor storage is by conditional use permit, and there are some guidelines for outdoor storage in the general business zoning. The city of Eagan has not actively discouraged auto dealerships. The dealerships have not come to the city. The major dealer dealerships are in Bloomington, S. Roberts Street, Apple Valley, and Lakeville. Eagan is just lucky that they are not a strategic location. Dealerships require a larger thunk of land and land value is an issue as well. Lisa Freese does not think that a city must allow an auto dealership. Not every community needs to have an auto dealership. How Chanhassen can deal with a dealership depends on how their zoning is structured and how they can go about changing it. LEM MFTM f • • 03/21/95 15:28 EAGAN ENG+COM DEV 4 4752429 N0.469 P002i005 2. On-sS 11.20 I ale liquor, wine or 3.2 beer. • Source: No. 52 Amendment • Effective Date: 5-28-76 ma be 3. Automobile service stations which Y permitted under the following conditions: L mber of stations (a) The size, location, design nu the be approved by the City a and nushall of tF egraphroval of the overall design re us a part Item 1 of this Subdivision, q ized under station shall f (b) The opening of any occupancyia follow and not precede the constructionvand hopping eoter minimum of 10,000 square and floor space, q re feet of retail sha part of the approval of the(c) overalls plan. 1 be appCOved as a (d) Rental of vehicles shall not be permitte , trailers or similar L Source: Ordinance No. 55, 2nd Series Effective Date: 6-10-88 4 _ Banks and savings and loan offices with drive-up tellers. h. a building. 5. Animal clinic when contained within source: Ordinance No. 52 Effective Date: 4-25-75 machines at oneL. 6. Amusement devices exceedin g other licensed three licensed location or within 200 feetof any location, Source: No. 52 Amendment Effective Date: 8-8-80 "NB" District, D. Permitted Accessor Uses. the Council shallthebeollowing uses uses deemed similar by Permitted Accessory Uses;1. within any Accessory uses as permitted in any other Business District, printing 2. Essential service facilities such as • g shops and cafeterias which are accessory and customarily associated with the principal use. Subd. 11. GB General Business District. These areas A. Description. General Business District: are designed for heavy uses and those busnesses which tend to serve other businesses and industry, as well 299 (8-31-88) 03/21/96 15:28 EAGAN ENG+COM DEU + 4752429 NO.459 P003/005 • ' - as residents. These uses can be incompatible with residen- tial development, therefore, businesses in this zoning clas- sification are concentrated and insulated as much as possible from residential areas. B. Permitted Uses. Within any "GB" Dis- trict, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the Council: 1. Offices where goods are not produced. 2. Lumber, heating and plumbing shops • and similar constructional material sales and service facil- ities (outdoor storage subject to conditional use). • 3. Wholesale office, sales or showroom for furniture, carpets and rugs and similar household goods. 4. Bowling alley, tennis club, skating, theater, archery and similar commercial recreation facili- ties when contained within a building. L 5. Car wash (motor fuel sales subject to conditional use). 6. Auto accessories sales (service facilities subject to conditional use). 7. Storage facilities contained within a building (outdoor storage subject to conditional use). L 8. Rental shop (outdoor display or j.. storage subject to conditional use). Ltained within a build'in:Animal hospital or clinic when con- 10. Television and radio studios (towers subject to conditional use). L11. Stone or monument sales (outdoor display or storage subject to conditional use). 12. Private clubs and lodges, or health clubs. 13. Armories or conventional hall. 14. Motor vehicle sales when conducted • entirely within a building (outdoor sales and/or storage subject to conditional use). 15. Small engine appliance or repair • conducted entirely within a building. 16. Research testing laboratories con- ducted within a building. 17. Garden store when conducted within a building (outdoor sales subject to conditional use) . 18. Bicycle, boat, motorcycle, snowmo- bile sales and service (outdoor display Or storage subject to conditional use). L. ` 300 (1-1-63) • • L ' . • L ., 03/21/96 15:29 EAGAN ENG+COM DEV -j 4752429 NO.469 PO04/005 • • S 11.20 • 19. Printing business. Source: Ordinance No. 52 Effective Date: 4-25-75 20. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the • outside wall of each licensed location shall be used in the measurement of the distance between locations. • Source; No. 52 Amendment Effective Date: 8-8-80 C. Conditional Uses. Within any "GB" District, nostructure or land shall be used for the following uses or uses deemed similar by the Council except through the granting of a .conditional use permit: Source: ordinance No. 52 • Effective Date: 4-25-75 1. Motor fuel sales. Source: Ordinance No. S5, 2nd Series Effective Date: 6-10-88 2. Subject to Section 11.10, Subd. 29, outdoor storage and then only conduCted by an occupant of the principal building. Source: Ordinance No. 172, 2nd Series Effective Date: 11-12-93 3. Motor vehicle repair or service facilities. 4. Outdoor research or testing facilities. k Source: Ordinance No. 52 Effective Date: 4-25-75 5. (Repealed by Ordinance No. 131, 2nd Series, adopted 11-19-91.) 6. (Repealed by Ordinance No. 131, 2nd Series, adopted 11-19-91.) 7. Retail sales of liquor, 3.2 beer or wine as part of any facility. Source: No. 52 Amendment Effective Date: 5-28-76 8. Restaurant facilities or food sales. 9. Animal kennels. 301 (7-1-94) 03/21/96 15:29 EAGAN ENG+COM DEV 4 4752429 NO.469 P005/005 S 11.20 f� 10. Truck stops. t Source: Ordinance No. 52 Effective Date: 4-25-75 11. Amusement devices exceeding three machines at one licensed location or to be located within 200 feet of any other licensed location. Source: No. 52 Amendment •.• Effective Date: 8-8-80 D. Accessory Uses. Within any "GB" District the following uses or uses deemed similar by the Council shall be permitted accessory uses: 1. Accessory Uses as permitted in any other Business District. Subd. 12. "CSC" Community Shopping Center District. A. Description. Community Shopping Center • District: These are areas located in the center of several residential neighborhoods to serve the weekly needs of adjoining residents and a population from 10,000 to 40,000 persons. B. Permitted Uses. Within any "CSC" District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the Council: 1. Retail Shopping Center developed under the following conditions: (a) An overall plan shall be submitted and approved by the City including architecture, parking, driveways, landscaping and screening before construction is commenced. (b) Initial construction shall Linclude a minimum of 20,000 square feet of floor area to insure that the center will function as described in Subparagraph A above. r 2. Retail Shopping center uses shall be . . •• limited to the following uses unless similar uses are specifically approved by the Council: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; bakeries; barber shops; beauty parlor; bicycles; carpets and rugs; catering establishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists ; food ; furniture; furrier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; • L 302 (5-31-92) L •L rCITY OF PLYMOUTH BERIT STROM, 509-5451 Auto dealerships are allowed in B-2, shopping center/commercial, and B-3, service business/commercial districts. The city of Plymouth does not discourage auto dealerships; Plymouth has three dealerships. Two have recently expanded. Plymouth uses conditional use permits for approval site plans. This is especially important where dealerships abut residential areas. Outdoor storage needs ample screening. Permits have to be reviewed each year. Advertising is restricted through the sign ordinance, which according to Berit Strom is quite restrictive. With building of area "X" the business can have a sign of size "Y". Their sign ordinance does prohibit inflatable animals. Parking has been an issue at dealerships. Dealerships use adjacent businesses parking. Bent Strom recommended talking to someone at the city of Richfield as she had heard they were currently trying to limit auto dealerships. MrMi I f PLYMOUTH ZONING ORDINANCE Section 8, Subdivision A SECTION 8 - NON-RESIDENCE DISTRICTS SUBDIVISION A - PURPOSE AND INTENT: BUSINESS DISTRICTS 1. The Business Districts are established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. To group compatible uses which will tend to draw trade that is naturally interchangeable and so promotes the business prosperity and public convenience. b. To provide an adequate supply of businesses and professional services to meet the needs of the residents. c. To promote a high quality of total commercial design and development that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor, glare and similar safety problems. d. To allow business development that meets the size, locational and development criteria established in the "Community Structure Concept" of the Comprehensive City Plan. 2. The specific intent of each Business District is as follows: a. The B-1 (OFFICE-LIMITED BUSINESS DISTRICT) is intended to provide a district which is related to and may reasonably adjoin high density or other residential districts for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. Such districts will generally be located within the areas indicated for - 0. such use on the Comprehensive Plan. b. The 6-2 (SHOPPING CENTER BUSINESS DISTRICT) is intended to provide a district which typically involves land in a single ownership or unified and organized arrangement of buildings at locations which are suitable for such use, which are conveniently located to the neighborhoods (Walking of Driving) they are intended to serve, generally within the areas indicated for such use in the Comprehensive Land Use Guide Plan. The type and location of shopping centers shall be governed by size and development criteria in the "Community Structure Concept" in the Comprehensive Plan. (Amended Ordinance 90-3) 8-1 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision A The B-3 (SERVICE BUSINESS DISTRICT) is designed to furnish areas served / by other business districts with wide range of services and goods which might otherwise be incompatible with the uses permitted in the shopping center business district. This district is intended as a business district which may be located in separate areas adjacent to shopping centers and thus help to keep the basic retail areas compact and convenient, and in other separate areas to provide a district which may be located in close proximity to an arterial street or highway in order that service types of land use can be provided, generally within the areas indicated for such use on the Comprehensive Plan. 8-2 — PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B SUBDIVISION B - ALLOWABLE USES: BUSINESS DISTRICTS — Within the Business Districts, no b,A lding or land shall be used except for one or more of the following uses providing they comply with the performance standards set forth in Subdivisions F and G of this section. Letter - designations shall be interpreted as meaning: P - Permitted Uses C = Uses by Conditional Use Permit J - c esso es DISTRICTS USES 8-1 B-2 6-3 Office Limited Retail Service 1. Cdt: t7 - Amusement Centers Ca -- - Automobile/motor vehicles: minor repair, service, parts, wash, rental . Marine and machinery: sales, minor repair and service parts, wash and rental . Gasoline Service Stations as specifically regulated by this ordinance and the City Code. (Amend. Ord. No. 82-15 & 90-38) - - 3. -- -- C - Automobile/motor vehicle sales and major repair. 4. C -- -- - Nursing Homes, Senior Citizen and Congregate Housing (Ord. 89-02, Amend. Ord. 89-38) 5. P P P - Bus/transit station or terminal without vehicle storage. — 6. C C C - Post secondary, vocational or trade schools. (Amended Ord. 89-02) 7. P P P - Clinics, medical office. 8. -- C P - Commercial recreation such as bowling alleys, billiard halls, miniature golf, etc. (Ord. 87-16) 9. C C C - Day Care Facility, as regulated in Section 9. (Amend. Ord. 89-38) 10. -- P P - Dry cleaning and laundry establishments with no more than four (4) employees for cleaning or pressing. 11. -- P P - Dry cleaning and laundry collection stations, and self-service. 12. P P P - Essential services. 13. C C C - Essential service buildings. 14. C - Equipment rental . 15. P P C - Financial institutions. - 16. -- C P - Greenhouses, nurseries, and garden centers. (Ord. 91-37) 8-3 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B DISTRICTS USES B-1 B-2 B-3 Office Limited Retail Service 17. C - Hospitals. 18. p P p - Laboratories - medical , dental , glassblowing 19. P P P - Mortuaries and funeral homes; monument sales which are accessory to the primary use. (Ord. 87-16) 20. C C - Motel , hotel or apartment hotel . 21. p p - Off-sale liquor stores. 22. p p p - Offices, administrative, executive, professional , governmental , medical , research, without merchandising services. 23. C P p - Offices: (as above) with merchandising services. 24. P P p - Personal service and repair establishments such as barber and beauty shops, shoe repair, etc. _-. 25. P P - Pet and animal shop, clinics, taxi dermi sts.(Ke-�ne.Yg) 26. C C C - Planned Unit Development (PUD) as regulated in Section 9. 27 . C P - Plumbing and heating - showrooms and shops. - 28 p p p - Over-the-counter job printing, duplicating, and photocopying services; secretarial and word processing services; and, answering services. 29. C P C - Private clubs and lodges. 30. C C - Public Garages (Parking) . 31 . C C .- - Place of Worship, as specifically regulated in this Ordinance. (Ord. 89-02) 32. C C C - Residential uses necessary for security and secondary to the allowable use. 33. C P : P - Restaurants (Class I) . 34. C C - Restaurants (Class II) as secondary to - to the allowable use. 35. C C C - Repair and service uses when secondary to the allowable use. 36. P P - Retail shops and stores (excluding autos, boats, machinery, etc) such as apparel , appliance, beverage, book, carpet, drugs, furniture, grocer, hardware, jewelry, paint, tobacco, sporting goods. (Ord. 87-16) 37. P p P - Studios: Artist, music, photo, decorating, dancing, etc. (Amend. Ord. 89-02) 8-4 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance,and removal of the sign. I - Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89-14) (6) Temporary Signs for noncommercial announcements by civic groups shall be a maximum 32 sq. ft. in surface area, provided that a maximum of three such signs may exceed 32 sq. ft.,to a maximum 300 sq. ft., in surface area provided that the larger signs are for citywide and free community events. Temporary Signs for noncommercial announcements by civic groups shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft. are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 86-26) (7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street rightofway line and shall be erected only during the period of transient sales.(Amended Ord. 86- 07) 4. ( ....'1. - , - 9. . Signs are accessory to permitted and conditional uses in the B-2 • ict; only the following signs are permitted in this district, unless otherwise specifically provided in this Subdivision. EL a. Directional Signs. Directional Signs shall be permitted in any approved offstreet parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. (1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft. above grade. (2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. (3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional Signs may be located on the private property next to the street rightofway line, but shall be so located and designed so as to not obstruct traffic or vision of drivers and pedestrians. 10-7 1 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A 1 (5) One offsite directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. T j' b. Business Signs. Business Signs are specifically intended for use by allowed commercial enterprises and are used to direct attention to the business, profession, commodity, or service which is found on the premises where the sign is located. L (1) Allowable uses and business establishments other than those in shopping center complexes may have wall Business Signage limited to flat wall signs, not !' extending more than 18 inches from the face of the building except that such ? signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof line of said 1' building. Such wall Business Signage shall not exceed 96 sq. ft. in surface area, I or 20%of the area of wall to which the signage is attached,whichever is greater. i (2) Allowable uses and business establishments other than those in shopping center PP g { i complexes may have a freestanding business sign which shall not exceed 96 sq. ft. in surface area, and 36 ft. in height, and is setback a minimum 20 feet from i the property lines. (3) Individual businesses and tenants in shopping center complexes may have wall r Business Signs provided that they are designed and arranged in accordance with a comprehensive sign plan for the entire shopping center which has been ._ prepared by, and submitted to the City by the owner, and which has been I approved by the City; further, the aggregate area of such signs shall not exceed I 5% of the area of the wall to which they are attached. All such signs shall be I— reviewed by the shopping center ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the 1 endorsement shall indicate that the proposed signage has been found to be consistent with the approved comprehensive sign plan. I (4) One freestanding Business Sign shall be permitted per each collector or arterial approach to a shopping center. Neighborhood shopping centers shall be permitted such signs each of which do not exceed 96 sq. ft. in surface area, or 36 ft. in height; community shopping centers shall be permitted such signs each of which do not exceed 120 sq. ft. in surface area or 36 ft. in height. Such signs shall in no case be setback less than 20 feet from the property lines. I (5) Business signs shall direct attention to the business, profession, commodity or service which is found on the premises where the sign is located, except that such signs may be placed on adjacent premises if all of the following conditions ; are met: ib '1 (a) there is common ownership of the two premises; ii i!— (b) the signs are in compliance with all other ordinance requirements; and 10-8 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A (c) that the sign(s) shall be removed from the adjacent premises within six months in the event that the two premises are no longer in common ownership. (Ord. 94-3) c. Temporary Signs. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to those activities which are of �► limited duration. (1) One temporary sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. The sign shall be setback at least 20 ft. from front property lines,and shall not be located in any required side yard. The sign shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. j (Amend. Ord. 90-38) (2) One Temporary Sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area, not exceeding 96 square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be setback at least 20 feet from front property line, and shall not be located in any required side yard. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. No other temporary signs shall be permitted. (Amend. Ord. 90-38) (3) One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height, and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Offsite Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grcuped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. (4) Temporary Signs for political campaigns shall be a maximum 32 sq. ft. in surface area, except that maximum size shall be waived in State general election years,and shall be removed not more than 10 days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such signs,provided that they are located on private property with the express consent 10-9 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amend. Ord. 90- 38) (5) Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Multitenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the - property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible • for the proper location,maintenance,and removal of the sign. Setback requirements may be waived for such signs provided they are located on i private property with the express consent of thero e p p rty owner and provided that they do not impede safety by obstructing vision of pedestrians or motor t vehicle operators. (Amended Ord. 89-14) (6) Temporary Signs for noncommercial announcements by civic groups shall be a { maximum 32 sq. ft. in surface area,provided that a maximum of three such signs — may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface area provided that the larger signs are for citywide and free community events shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq. ft.are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic ; group shall be equally responsible for the proper location, maintenance, and { ultimate removal of the sign. Setback requirements may be waived for such fr signs provided that they are Iocated on private property with the express consent of the property owner, and provided they do not impede safety by obstructing vision of pedestrians or motor vehicle operators.(Amended Ord. 86-26) (7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft in height. The sign shall be setback at least 20 ft. from the street rightofway line and shall be erected only during the period of transient sales. (Amended Ord. 86-07) 0.1.47.--eiict; 5. :ervice Business)District. Signs are accessory to permitted and conditional uses in the B-3 • only the following signs are permitted in this District,unless otherwise specifically provided in this Subdivision. 10-10 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A a. Directional Signs. Directional Signs shall be permitted in any approved offstreet parking area, when deemed necessary for the orderly movement of traffic, provided that such signs shall not be used as advertising space. (1) Directional Signs shall not exceed 4 sq. ft. of surface area, and shall not be erected higher than 8 ft.above grade. (2) Directional Signs directed at persons off the site shall be limited to one such sign per collector or arterial street approach to the site. (3) Directional Signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional Signs may be located on the private property next to the street right- of-way line, but shall be so located and designed so as to not to obstruct traffic or vision of drivers and pedestrians. (5) One offsite directional sign shall be permitted for the following: church, school, hospital, sanitarium, noncommercial club, library or similar use provided that the sign is located on private property which abuts a collector or arterial road leading to the subject use. b. Business Signs. Business Signs are specifically intended for use by allowed commercial enterprises and are used to direct attention to the business, profession, commodity, or service which is found on the premises where the sign is located. (1) Allowable uses and business establishments other than those in multitenant commercial buildings may have wall Business Signage limited to flat wall sign, not extending more than 18 inches from the face of the building,except that such signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof or parapet line of said building. Such wall Business Signage shall not exceed 20% of the area of the wall to which the signage is attached. (2) Allowable uses and business establishments other than those in multitenant commercial buildings may have a freestanding business sign which shall not exceed 96 sq. ft. in surface area, and 36 ft. in height, and is setback a minimum 20 feet from the property lines. (3) Individual business and tenants in multitenant commercial buildings may have wall Business Signs provided they are designed and arranged in accordance with a comprehensive sign plan for the entire multitenant commercial building which has been prepared by, and submitted to the City by the owner and which has been approved by the City; further, the aggregate area of such signs shall not exceed 5% of the area of the wall to which they are attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit; the endorsement shall indicate that the proposed signage has been found to be Iconsistent with the approved comprehensive sign plan. 10-11 ij PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A ill; '? (4) One freestanding Business Sign shall be permitted provided the surface area of the sign does not exceed 96 sq. ft., does not exceed 36 ft. in height, and is set •.- - back in no case less than 20 ft.from the roe lines. t: property rty 1. (5) Business signs shall direct attention to the business, profession, commodity or — service which is found on the premises where the sign is located, except that such signs may be placed on adjacent premises if all of the following conditions are met: ' (a) there is common ownership of the two premises; I— (b) the signs are in compliance with all other ordinance requirements;and • (c) that the sign(s) shall be removed from the adjacent premises within six months in the event that the two premises are no longer in common ownership. (Ord 94-3) i l 1 — c. Advertising Signs. Advertising signs are intended to direct attention to a business 1 commodity, service, activity, or entertainment which is not conducted, sold, or offered 1 upon the premises on which such sign is located. (Amended Ord. 92-10) i— l'i Advertising signs may be allowed by Conditional Use Permit in the B-3 District subject to the following standards and criteria: I— (1) Advertising signs shall be allowed only along State Highway 169, State Highway 55, and Interstate 494 with a maximum setback of 350 feet from the ; centerline of right-of-way of said highway or interstate. 'I (2) The total surface area of any advertising sign shall not exceed 300 sq. ft. per L face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highway 494 may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cutouts,or extensions of the featured message. ;1_ (3) The maximum height of all advertising signs shall not exceed 36 ft. above the established grade of the site upon which the sign is located. The maximum length of any sign, including border, trim and any projections of the featured — message, shall not be more than 50 feet. (4) The minimum distance between advertising signs shall be based upon the posted speed limit of the public street or highway as follows: 1,500 ft. 55 mph; 1,400 !� ft. 50 mph; 1,300 ft. 45 mph; 1,100 ft. 40 mph; and, 1,000 ft. 35 mph or less. Distance restrictions between advertising signs apply only to those signs physically located on the same side of the street or highway, regardless of the — direction of travel to which the display message is directed. Measurements to determine the location of one advertising sign in relation to another, will be .I made along the rightofway line between the closest extremities of said signs, r` with the termini projected along lines perpendicular to the right-of-way of the ( 1,..._ 10-12 Lil PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A LI street or highway. Advertising signs shall be constructed so as not to obstruct any existing business or sign. iLi (5) No advertising sign or structure shall be located closer than 200 ft. from the boundary of any urban residential district, park, playground, school, or church L on the same side of the street or intersection of streets; or 200 ft. from any structure located within single family residential district located on the same side of the street or intersection of streets. im (6) No advertising sign shall contain more than two signs per facing. (7) Advertising signs shall be erected on single poles. No advertising sign shall be IL erected on or above the roof of any building. IL (8) Advertising signs may be located in required industrial yard setback areas if all requirements of Conditions 1,2, 3, and 4 are satisfied. (9) The City Council, upon recommendation by the Planning Commission, may 1., require the relocation or removal of advertising signs from sites where urban development is proposed, and when by virtue of site plan review and approval, it has been determined the advertising sign presents an obstruction and/or conflict llor with other signage as proposed on the site by the owner and/or developer. Likewise, the City Council may limit the amount of freestanding signage allowed on a site, which contains an existing advertising sign at the time of development. L d. Temporary Signs. Temporary Signs as provided herein are intended to announce and promote developments and events, and to direct persons to those activities which are of limited duration. L (1) One temporary sign identifying architects, engineers, contractors, or suppliers, not exceeding a total surface area of 96 sq. ft., not exceeding more than 16 ft. in height, and not less than 2 ft. above the ground shall be permitted on the property under development. The sign shall be setback at least 20 ft. from front property lines, and shall not be located in any required side yard. The sign shall be allowed for three years from the date of original Building Permit issuance, or lir until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. (Amend.Ord.90-38) IL- (2) One Temporary Sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas L within primary buildings shall have a surface area, not exceeding 96 square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be setback at least I20 feet from front property line, and shall not be located in any required side yard. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal Lof the sign. No other temporary signs shall be permitted. (Amend. Ord. 90-38) L 10-13 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A (3) One Temporary Real Estate Sign located off the site being developed in Plymouth shall not exceed 16 sq. ft. in surface area, shall not exceed 6 ft. in height,and shall not exceed 8 ft. in width. Such signs shall be setback at least 20 ft. from front property lines. Offsite Temporary Directional signs shall be located at least 200 ft. from any other sign, unless grouped with other temporary directional signs, provided that the total surface area of all such grouped signs shall not exceed 32 sq. ft. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign shall be equally responsible for the property location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three years from the date of original Building Permit issuance, or until 85% of the construction in the development is completed, which ever occurs first, unless otherwise specifically provided in this Subdivision. (4) Temporary Signs for political campaigns shall be a maximum 32 sq. ft. in surface area, except that maximum size shall be waived in State general election years, and shall be removed not more than 10 days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amend. Ord. 90- 38) (5) Temporary Signage for commercial announcements such as grand openings and special events, may be mounted on a portable stand, with a maximum surface area of 32 sq. ft., or may be wall signage subject to the same standards as the permanent wall signage allowed for the enterprise. Such signs may be used not more than four times per calendar year, and for a period of not more than 14 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Multitenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance,and removal of the sign. Setback requirements may be waived for such signs provided they are located on private property with the express consent of the property owner and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. (Amended Ord. 89-14) (6) Temporary Signs for noncommercial announcements by civic groups shall be a maximum 32 sq.ft. in surface area, provided that a maximum of three such signs 10-14 PLYMOUTH ZONING ORDINANCE Section 10,Subdivision A may exceed 32 sq. ft.,to a maximum 300 sq. ft., in surface area provided that the larger signs are for citywide and free community events. Temporary. Signs for noncommercial announcements by civic groups shall be removed when the intended purpose has been fulfilled. Signs with a surface area greater than 32 sq.ft.are allowed for a maximum of ten days. The owner or manager of the sign, the owner of the land, or the sponsoring civic group shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Setback requirements may be waived for such signs provided that they are located on private property with the express consent of the property owner, and provided they do not impede safety by obstructing 111 vision of pedestrians or motor vehicle operators. (7) One temporary sign for transient merchants and transient produce merchants. The sign shall not exceed 16 sq. ft. in surface area, and shall not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the street rightofway line and shall be erected only during the period of transient sales. (Amended Ord 86- I-1 (Planned Industrial) District. Signs are accessory to permitted and conditional uses in t• -I IllrDistrict; only the following signs are permitted in this District unless otherwise s.= ifically p •vided in this subdivision. a. - •1, '. 1 . Directional Signs shall be permitted in any appro • offstreet parking area, en deemed necessary for the orderly movement of tra='c, provided that such signs sha of be used as advertising space. t (1) Direction. Signs shall not exceed 4 sq. ft. • surface area, and shall not be erected high- than 8 ft.above grade. (2) Directional Signs di -cted at persons s the site shall be limited to one such sign per collector or arterial reet appr•.ch to the site. (3) Directional Signs shall not •- 'lluminated unless illumination is deemed by the City as essential to the or.-rly fl. of traffic. } (4) Directional Signs • ay be located on he private property next to the street rightofway line, : t shall be so located an. designed so as to not obstruct traffic 111- or vision of d. ers and pedestrians. (5) One off ' e directional sign shall be permitted for .'e following: church, school, 11— hospi . , sanitarium, noncommercial club, library o similar use provided that the ign is located on private property which abuts a ••llector or arterial road -,ding to the subject use. b. ,_ 1 . Business Signs are specifically intended for use by allo .ed commercial enter.•• ses and are used to direct attention to the business, industry, or se • ice which is f . d on the premises where the sign is located. 10-15 CITY OF RICHFIELD JULIE URBAN, 861-9760 Julie Urban stressed that in a city like Chanhassen the best thing they can do is keep their residential uses away from the dealership. Auto dealerships are not good neighbors, they: • park in the right-of-way • use up their own employee parking with merchandise • test drive through neighborhoods • have loud PA systems • have bright lights • have annoying signs All auto dealerships require conditional use permits and a license from the city, f • f 11 • � a . Richfield City Code 416.01 Section 416 - Regulation of Signs (Repealed Sec. 415, Bill No. 1987-24; Added Sec. 416, Bill No. 1987-24) 416.01. Regulation of the use of signs. Subdivision 1. Definitions. For the purposes of this section, the terms defined in this subsection shall have the meanings given them. ' Subd. 2. "Abandoned sign" means a sign which no longer identifies or advertises a bona fide business, lessor, service product or activity on the site and/or for which no legal owner can be found. Subd. 3. "Address sign" means a sign containing only the street address of the site or building on which the sign is located. Subd. 4. "Advertising sign" means a sign the primary function of which is to direct attention to a commercial product, commercial service or commercial activity that is sold, offered, or conducted either elsewhere or up:n the premises where such sign is located, or to which it is affixed. Subd. 5. "Area identification sign" means a sign which is used exclusively to identify any area of common identity such as a neighborhood, a multiple residential development, a multiple commercial or multiple industrial development. The sign may contain only the name of the neighborhood or multiple residential , commercial or industrial development. Subd. 6. "Awning" means a hood or cover which can be retracted, folded, or collapsed and which is attached to and projects from a wall of a building. Subd. 7. "Banner" means a sign made of fabric or any non rigid material with no enclosing framework. Subd. 8. "Bench sign" means any sign which is part of or is affixed to any bench. Subd. 9. "Business sign" means a sign that states the proper name of the business, organization or institution located on the premises on which the sign is located. Subd. 10. "Canopy sign" means a sign which is part of or attached to any roof-like structure, such as awnings, marquees or mansard roofs, which is a part of or extends from a building. Subd. 11. "Construction sign" means a temporary non-illuminated sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the financing, construction, sale, leasing, alteration or repair of a building. The sign may also announce the character of the building enterprise or the purpose for which the building is intended. Subd. 12. "Directional sign," means a sign used for the purpose of making specific commercial, industrial, or public and semipublic locations known and to assist in finding these locations. Richfield City Code 416.01, Subd. 13 Subd. 13. "Flashing, traveling or changing message sign" means a sign with an intermittent or flashing light source. This shall not include those components of signs primarily providing public service information including time, date, temperature, weather and public events. Subd. 14. "Ground sign" means a sign attached to the ground on its own structures and which is not attached to any building. Subd. 15. "Grade" means the average elevation or level of the centerline of the closest street which the sign abuts. Subd. 16. "Home occupation sign" means a sign identifying any business operated from a residential dwelling or accessory structure in a residential zoning district. Subd. 17. "Identification sign" means a sign identifying the owner or tenants of a building or portion thereof. Subd. 18. "Illuminated sign" means any sign illuminated either by a light source - which is not part of the sign area (indirect illumination) ; or by a source of light which is part of the sign area (direct illumination) . Subd. 19. "Institutional sign" means a ground, wall, canopy or marquee sign or bulletin board which identifies the public institution, governmental building, church or other place of worship, school, or charitable organization including chartered veterans organizations located on the site. Subd. 20. "Institutional directional sign" means an off-premise sign directing persons to the location of an institution. Subd. 21. "Motion sign" means any sign which rotates or has moving parts, including propeller signs, but excluding banners and pennants. Subd. 22. "On-site directional sign" means a sign used exclusively to direct pedestrian or vehicle movement on a site. Such sign may not carry a commercial message but may include a business logo or symbol. Subd. 23. "On site sign" means an advertising sign which is located upon the premises where the advertised business activity, use, product, services, _ entertainment, commodities are sold, conducted or offered and which does not come within the definition of "outdoor advertising display" as defined in subdivision 24 of this subsection. On site signs identifying industrial uses may also call attention to the product, goods, or material which is produced, or assembled on the premises. Subd. 24. "Outdoor advertising display" means an advertising sign which advertises businesses, uses, products, services, entertainment, commodities or other - activities not primarily or exclusively sold, offered or conducted at the premises where the sign is located. The term shall not include the names of businesses, or the products or services offered by such businesses, having multiple locations under the same business name if the advertising sign is located on the premises of the business and does not specifically advertise any other location. Richfield City Code 416.01, Subd. 25 (Rev. 1988) Subd. 25. "Pedestal sign" is a ground sign erected upon a single post or shaft, or upon two posts or shafts that merge or touch at the base, or which are not more than 15 feet apart, center of shaft to center of shaft, with the display portion mounted thereon. Subd. 26. "Permanent sign" means any sign designed or intended to remain at a fixed location for long term use. Subd. 27. "Portable sign" means a temporary sign designed to be moved from one location to another. Subd. 28. "Projecting sign" means a sign, except a canopy or roof sign, which is attached to and projects from a structure or building a distance greater than twelve inches in any direction. Subd. 29. "Promotional display device" means any blimp or balloon over 18 inches in the largest dimension, equipment or vehicle not normally associated with the business, or similar devices being used in connection with the pro- motion of any event or activity. Subd. 30. "Real estate sign" means a temporary sign advertising the sale or lease of real property. Subd. 31. "Recreational sign" means an institutional or institutional directional sign which identifies or describes a public facility providing recreational services. Subd. 32. "Roof sign" means a sign erected upon or located above the eave or parapet wall of a building and/or located within the projected roof area. Subd. 33. "Sign" means a display used to announce, declare, advertise and attract the attention of the public. The term includes the sign face, the sign structure and footings. (Amended, Bill No. 1988-3) Subd. 34. "Sign area" means that area of a sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface excluding structural elements outside the limits of such sign which do not form an integral part of the display; or in the case of wall signs, individual character signs, figures, symbols or canopy signs, the sign area shall be the area which is included in the smallest rectangle which can be made to circumscribe each letter, figure or symbol displayed thereon. For multi-face signs, the area shall include the maximum number of single display surfaces visible from any ground position at one time. Subd. 35. "Sign face" means the display surface or surfaces visible from any ground position at any time. Subd. 36. "Sign height" means the vertical distance measured from grade to the highest point of the sign or sign structure. Subd. 37. "Sign structure" means the footings, supports, uprights, bracing, framework and surface material of the sign. Subd. 38. "Temporary election sign" means a sign promoting a political candidate or issue appearing on the official ballot of any public election. Richfield City Code 416.01, Subd. 39 (Rev. 1988) Subd. 39. "Temporary ground sign (fixed)" means a sign which is supported by posts imbedded in the ground and is designed so as to not be readily movable. Subd. 40. "Temporary ground sign (portable)" means a sign which rests upon the ground, or is mounted on a trailer, and so designed as to be readily movable. Subd. 41. "Temporary signs' means a sign not constructed or intended for long term use. Banners and pennants are considered to be temporary signs. (Amended, Bill No. 1988-3) Subd. 42. "Traffic signs" means all signs, signals and markings, including street identification signs and all signs authorized or permitted by Minnesota Statutes, chapter 169. Subd. 43. "Wall sign" means a sign which is attached to or erected against or painted on the vertical wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. Subd. 44. "Wind device" means any device which is designed to move in the wind. Wind devices include banners, pennants and propellers and balloons 18 inches or less in any dimension. Subd. 45. "Window sign" means a sign attached to or painted on either side of a window which is visible from the exterior of the building. The term also means a sign located inside the window which is designed primarily to be visible from the exterior of the building. 416.02. Enforcement. Employees of the inspections division of the department of public safety are hereby authorized to enforce the provisions of this section in the manner provided in subsection 115. 11 of this code. (Added, Bill No. 1988-3) 416.03. Sign construction permit. Subdivision 1. Permit required. Except as provided in subdivision 3 of this subsection, it is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any sign, as defined in these regulations without first obtaining a permit from the building official. If the building official finds that the proposed sign is in compliance with all requirements of this section, and the zoning provisions of the city code, a sign construction permit shall be issued. Upon application for the sign permit, the applicant shall apply for any required building and electrical permits. Subd. 2. Application. Application shall be made on forms provided by the building official. The form shall include the following information: (a) The name, address and telephone number of the applicant. (b) The name, address and telephone number of the person, firm, corporation or other organization erecting the sign. (c) The name, address, telephone number and written consent of the owner of the property on which the sign is to be erected. (d) The exact location of the sign on the site including its position relative to buildings, structures, streets and property lines. (e) Two copies of sign plans and specifications showing the following: Richfield City Code 416.03, Subd. 3 (Rev. 1988) 1) number of sign faces 2) sign colors and construction materials 3) sign dimensions 4) type, direction, location and intensity of sign illumination and name of electrical contractor 5) method of construction 6) method of attachment tc building or ground 7) stress sheets and calculations showing that the structure is designed to meet the dead load and wind pressure require- ments of the building code. Subd. 3. Sign construction permit exemptions. The following types of signs are exempt from the requirement of this subsection but are subject to all other requirements and standards applicable to signs: (a) Temporary election signs (b) Home occupation signs (c) Address signs (d) Identification signs not exceeding two square feet in sign area (e) Traffic signs (f) Garage sale and estate sale signs (g) Real estate signs (h) Signs erected by governmental agencies in the discharge of their governmental duties (i) Signs warning the public of hazards such as buried cable or high voltage lines (j) Temporary window signs (k) Institutional directional signs not exceeding four square feet in sign area. Subd. 4. Permit fee. The application for a sign construction permit shall be accompanied by the fee provided in Appendix D of this code. The fee required in this paragraph is separate from and in addition to any other fees required by this code. Subd. 5. Approval of sign permit applications. Upon presentation of application, permit fee, plans and specifications and other required information, the sign construction permit shall be issued by the building official, except as provided in subdivision 6 of this subsection. Subd. 6. Special approval from council. In the case of an application for a sign of unusual height, or location, the manager shall refer such sign to the council for approval. No permit for any such sign, so referred, shall be issued without first obtaining the approval of the council. Subd. 7. Variance from terms of approval prohibited. No sign shall be erected, used or maintained in a manner at variance from the provisions of this code or different from that approved by the council. Subd. 8. (Repealed, Bill No. 1988-3) Richfield City Code 416.05 416.05. Sign installer license. Subdivision 1. License required. No person shall engage in the business of erecting signs until licensed by the city council to do so. No such license shall be required for the erection of signs exempt from sign construction permits. Subd. 2. Application. Application for a sign installer's license shall be made to the city clerk upon such forms as required by the city. The license fee in the amount hereafter provided shall 'accompany the application. Subd. 3. License fee. The fee for a sign installer's license shall be in the amount provided for in Appendix D of this code. Subd. 4. License period. The licenses issued under this subdivision shall be for an annual basis running from July 1 through June 30 of the next year. Subd. 5. Bond. No permit shall be issued until the licensee has filed with the city clerk a bond with corporate surety in the sum of $1000. The bond shall guarantee that the licensee will fully and faithfully comply with the provisions of this ordinance and other applicable city ordinances. Subd. 6. Revocation or non-renewal of license. The sign installer's license may be revoked or not renewed for any violation of the requirements of this section. The decision to revoke or not renew a license may be made by the city after notice to the licensee and a reasonable opportunity for the licensee to be heard. 416.07. District requirements. Subdivision 1. Provisions applicable to all districts. (a) Signs prohibited. The following signs are prohibited in all zoning districts of the city: (1) Flashing and motion signs. (2) Roof signs, including temporary roof signs, but excluding promotional display devices. (3) Any sign which obstructs ingress or egress from any fire escape, window or door. (4) Any sign located and maintained on or over any public property except traffic signs and public directional signs, and signs on benches, bus shelters and telephone booths. (5) Any sign located, designed or maintained in a manner which is likely to cause confusion or interfere with the visibility of traffic signs, traffic control devices, crossroads, driveways or crosswalks. (6) Temporary ground sign (portable) . (7) Searchlights. (8) Abandoned signs. - (b) Signs permitted. The following signs are permitted in all zoning districts of the city subject to all other applicable requirements contained in the code: (1) Temporary signs. Richfield City Code 416.07, Subd. 1(b) (1) (i) (i) Real estate signs which do not exceed six square feet in sign area if located in residential districts and 64 square feet in non-residential zoning districts. One real estate sign is permit- ted on the property being offered for sale or lease. The sign must be removed within seven days following the sale, rental or lease of the property. One additional sign not exceeding six square feet announcing the open house is permitted on the property being offered for sale or lease on the day preceding the open house and on the day of the open house. (ii) Garage sale and estate sale signs subject to the same conditions and restrictions as are applicable to real estate signs. (iii) Constructions signs which do not exceed six square feet in sign area in residential zoning districts and 64 square feet in sign area in nonresidential districts. One sign is permitted and must be located on the property where the construction is occurring. The sign must be removed upon completion of construction. The _ sign may not advertise any product or service. A combination temporary real estate/construction sign cannot exceed 128 square feet in sign area per sign face. (iv) Temporary traffic control or warning signs. (2) Address signs. One address sign is required on each building or portion of a building with separate address. The sign must be of sufficient size and located to be clearly visible from the street on which the address is assigned. (3) Institutional and recreational signs. Permanent ground signs shall not exceed 50 square feet in sign area per face and 25 feet in height and shall be set back at least 10 feet from any street right-of-way. Temporary institutional ground signs shall be subject to the provisions found in subdivision 2(d) (7) of this subsection. Institutional wall, canopy and marquee signs shall not exceed 24 square feet in total aggregate sign area. Institutional and recreational signs may not be illuminated if located in residential zoning districts between the hours of 11:00 p.m. and 6:00 a.m. (4) Institutional directional signs. (5) Traffic control and regulation signs and public directional signals. (6) Signs permitted pursuant to section 805 of this code. Subd. 2. Specific district regulations. The following signs are permitted only in the districts indicated and shall be regulated according to the requirements herein set forth: (a) Single and two family residential districts (R, R-1, MR-1) : (1) Home occupation or identification sign. One non-illuminated home occupation sign not exceeding two square feet in sign area or one non-illuminated identification sign not exceeding two square feet in area. Richfield City Code 416.07, Subd. 2(a) (2) (2) Area identification sign. One non-illuminated sign per abutting street - not exceeding 24 square feet in sign area and not exceeding six feet in height. Such sign must not be located closer than 10 feet from any street right-of-way. (3) Temporary election signs subject to the following regulations: (i) No sign may exceed eleven square feet in area on one side. Signs - shall not be designed to have more than two sides. (ii) No sign may be placed earlier than the Saturday closest to 90 days before the general, special or school election to which the sign relates. (iii) All signs must be removed from display no later than four days following the election to which they relate. Signs relating to unsuccessful primary election candidates shall be removed within four days following the primary election. (iv) In addition to the other remedies available to the city under this code, any sign remaining on display beyond the times specified in subparagraph (iii) of this paragraph is deemed abandoned to the city and may in the city's discretion be removed, destroyed or otherwise disposed of. (v) It shall be the responsibility of the sign owner, the property owner, and in the case of a single family residence, the occupants, to comply with the provisions of this paragraph. (vi) No such sign shall be placed or maintained without the prior approval of the property owner, and in the case of a single family residence, the occupant. (vii) No sign shall be located closer to the traveled roadway than 10 feet behind the nearest curb. (viii) No sign shall be located within the 50 foot triangle of the street intersection. (b) Multiple family residential districts (MR-2, MR-3) : (1) Identification signs. One wall sign is permitted per building not exceeding 12 square feet in sign area. (2) Home occupation signs. One non-illuminated sign per building not _ exceeding two square feet in sign area. (3) Area identification signs. One freestanding sign not exceeding 24 square feet in sign area or 4 feet in height is permitted per area with 3 or more residential buildings. Such signs shall not be closer than 10 feet from any street right-of-way and not closer than 50 feet from any street intersection. Richfield City Code 416.07, Subd. 2(b) (4) (4) On-site directional signs. Such signs may not exceed three square feet in sign area and if freestanding may not be more than four feet in height. (5) Temporary ground signs other than those described in subdivision I(b) (1) of this subsection may be located only on property owned by a church, school, or non-profit civic or veteran's organization. (6) Temporary election signs subject to the same regulations contained in subdivision 2(a) (3) of this subsection. (c) Neighborhood business districts (C-1) : (1) Identification signs. One wall sign is permitted per building. The sign may not exceed six square feet in sign area and may identify only the building address and the names of the businesses located in the building. (2) On-site directional signs. Such signs may not exceed three square feet in area and if freestanding shall not exceed four feet in height. (3) Ground signs. One freestanding sign not exceeding 50 square feet in sign area and 27 feet in height is allowed for each building. This limitation shall include all types of freestanding signs except traffic and directional signs. A minimum vertical clearance of 14 feet is required for any such sign located within 25 feet of any street or driveway intersection or at any other location where pedestrian or vehicle traffic is required to pass under the sign. (4) Wall, canopy and marquee signs. The total sign area for all such signs may not exceed 15 percent of the total wall area of the portion of the wall of the building to which they are attached. In the case of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect will not exceed 15 percent of the. exterior wall of the portion of the building occupied by that occupant and to which the sign is affixed. (5) Window signs. The total sign area of such signs shall not exceed 30 percent of the area of the window they are attached to or displayed from. (6) Projecting signs. One projecting sign not exceeding six square feet in sign area may be erected for each occupant. Such sign shall have a minimum vertical clearance of eight feet and shall project no more than four feet form any wall and shall be rigidly affixed to its supports and the building. If illuminated, such sign may utilize only indirect illumination. (d) General commercial and industrial districts (C-2, and I) : (1) Identification signs. One wall sign is permitted per building not exceeding six square feet in sign area. The sign may identify only the building address and the names of the businesses located in the building. Richfield City Code 416.07, Subd 2(d) (2) (Rev. 1988) (2) On-site directional signs. Directional signs are permitted which do not exceed three square feet in sign area and if freestanding do not exceed four feet in height. (3) Ground signs. The total sign area for all ground signs except traffic and directional signs on any property shall not exceed 200 square feet in sign area and not more than 27 feet in height. Where ground signs are located in front of the building setback line, minimum vertical clearance of 7 feet must be maintained below any ground sign. Where a ground sign projects over a sidewalk, a minimum vertical clearance of 8 feet must be maintained below the sign. A minimum vertical clearance of 14 feet must be maintained below any ground sign where vehicle traffic passes underneath. (Amended, Bill No. 1988-3) (4) Wall, canopy and marquee signs. The total sign area for such signs will not exceed 15 percent of the total wall area of the portion of the wall of the building to which they are attached. In the cases of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect will not exceed 15 percent of the exterior wall area of the portion of the building occupied by that occupant and to which the sign is affixed. (5) Window signs. The total sign area of such signs shall not exceed 30 percent of the area of the window they are attached to or displayed from. (6) Projecting signs. One projecting sign not exceeding six square feet in sign area is permitted on each business. Such sign must have a minimum vertical height clearance of eight feet, may project no more than four feet from any wall and shall be rigidly affixed to its supports and the building. (7) Banners, wind devices, promotional display devices and fixed temporary ground signs subject to the following standards: (i) Fixed temporary ground signs, banners, wind devices attached to any structure, vehicle, equipment or inventory and constructed of canvas, plastic material, cloth, rubber or other combustible material with or without framework; shall - be strongly constructed and shall be securely attached to their supports. They shall be removed (including all frame- work and supports) as soon as damaged or torn. (ii) There shall not be more than one fixed temporary ground sign on any building frontage. (iii) No fixed temporary ground sign, banner, wind device, or promotional display device shall project over public property or right-of-way. Richfield City Code 416.07, Subd. 2(d) (7) (iv) . (Rev. 1988) (iv) No fixed temporary ground sign, banner, wind device or promotional display device shall be located in the city without first obtaining a permit therefor from the building official. The building official may impose conditions upon the granting of such permit including the size of such sign or devices. It shall be unlawful to locate or maintain any such sign, banner or device for a longer period or in a different manner than that specified in the permit. No such permit shall be for a period of more than 7 days. No more than 4 permits shall be issued to any business organization or institution within any calendar year. No such permit - shall be granted where such fixed temporary sign, banner, or device is prohibited by other provisions of this code. Permits required by this subdivision are subject to the minimum fee contained in Appendix D. The fee required under subsection 416.03, subdivision 4 for the sign construction permit may be waived by the city council if the sign, banner, or device is to be erected by nonprofit civic or religious institutions or by public bodies. (Amended, Bill No. 1988-9) (8) Offsite directional signs. In addition to the signs permitted by the preceding provisions a hotel, restaurant or shopping center located on property having frontage on a freeway (I494, 135W, Crosstown Highway 62, and Trunk Highway 77) may have offsite directional signs on other property abutting upon a freeway if the council grants a permit therefor. The application for ,such permit shall be made to the building official and shall contain such information as to establish the necessity of such sign. No such permit shall be issued until after the city council has conducted a public hearing on the matter. Published and mailed notice of the public hearing shall be provided to property owners within 350 feet of the site where the sign is to be located at least 10 days prior to the date of the public hearing. The council shall not grant such a permit unless it determines that the following conditions will be met. (i) The offsite directional sign shall be located on C-2 general commercially or I general industrially zoned property. (ii) The sign is directional only, indicating which exit from the freeway should be used. (iii) That there are conditions present on the site which obscure the visibility of the site and make it difficult for a motorist to determine how to get to the site. (iv) Such sign shall have a sign area of no more than 100 square feet in area and be no more than 27 feet in height. (v) That the design of the sign and lettering thereon shall be simple and easily read, containing a minimal number of words with no unnecessary decoration or pictures. Richfield City Code 416.07, Subd. 2(e) (Rev. 1991) (vi) That the offsite directional sign will not conceal or obscure or otherwise adversely impact other buildings or — signs in the area. (vii) That the offsite directional sign will not have an adverse impact on traffic safety. (e) Planned unit developments. Only the signs shown on the approved PUD plan shall be permitted. , (f) C-3 high density commercial. (1) General rule. Only those signs approved as part of the site plan review process required by section 520 of this code shall be permitted. All signs lawfully existing on August 1, 1987 shall be deemed to be nonconforming signs subject to the provisions for nonconforming signs found in subdivision 5 of subsection 416.11, and in the case of outdoor advertising displays, subject to the provisions found in subdivision 3 of subsection 416.09 of this code. (Added, Bill No. 1988-3) (2) Special rule. Notwithstanding any provision in this section to the contrary, the council may, at its discretion and subject to conditions deemed appropriate by it, issue a permit authorizing a sign which states the proper name of a business ("sign") if the council finds all the following conditions to be present: (i) the proprietor of the business requesting the sign would not otherwise be required to submit to the site plan approval process pursuant to subsection 520.35 of this code; (ii) the business is located in an area characterized by a number of businesses which are structurally connected so as to present a shopping center appearance; (iii) the sign is located either on the parcel on which such business is conducted or within 150 feet of such parcel; (iv) there is no other freestanding sign affixed to a separate ground support on the parcel on which the sign is proposed to be located; (v) the proprietor of the business requesting the sign has no other freestanding sign pertaining to that business affixed to a ground support located either on the parcel on which the business is located or upon another parcel; (vi) if located on another parcel, the owner of that parcel has consented in writing to the sign location; (vii) if located on another parcel, the sign will be attached to the ground support which supports any other business sign located on such parcel along the same property line, and the total sign area for all such signs does not exceed 250 square feet; Richfield City Code 416.07, Subd. 2(f) (2) (viii) (Rev. 1993) (viii)if located on the parcel, the sign area does not exceed 200 square feet; - (ix) the proprietor requesting the sign has submitted an application on forms provided for that purpose and has paid the fee provided in Appendix D of this code; and (x) the location, design and construction of the sign will not be detrimental to the general public health, safety or welfare. (Amended, Bill No. 1991-11) (g) 77th Street Corridor. The following special provisions shall apply to properties located in the 77th Street Corridor, defined as that area bounded on the north by 77th Street, on the east by Cedar Avenue/T.H. 77, on the west by 1-35W, and on the south by a line drawn parallel to and 150 feet southerly of the southerly right of way of 77th Street. (1) Any sign otherwise permitted under this section 416 is permitted in the 77th Street Corridor, except as expressly modified in this paragraph (g) . (2) Business directional signs. In addition to the signs permitted under the preceding provisions of this subsection 416.07, off-site directional signs may be placed on properties that immediately abut 77th Street, subject to the requirements of this clause (g) (1) . A business directional sign requires a permit issued by the council. The application for such permit shall be made to the building official. Upon receiving an application, the building official shall involve the planning and transportation divisions in a review of the application. No such permit shall be issued without first obtaining the approval of the council. The council shall not approve the permit unless it determines that all of the following conditions are or would be met. (i) The sign must direct traffic to a business located on property abutting I-494, but which does not abut on 77th Street, 77-1/2 Street, I-35W, Lyndale Avenue, Nicollet Avenue, Portland Avenue, 12th Avenue or Cedar Avenue. (ii) The permit application must be made by the business served by the sign. If the sign is to be located on private property, the owner of the property must consent to the application. (iii) The sign must be placed at least 14 feet south of the south curb line of the 77th Street roadway; and at least six feet from any other public roadway, as measured from — the back of the curb. Notwithstanding any other provision of this section 416 to the contrary, a business directional sign may be located within the unused right of way of a city street. (iv) The sign location must not create a traffic hazard. Richfield City Code 416.07, Subd. 2(g) (2) (v) (Rev. 1993) (v) The business served by- the sign may not have more than one sign face addressing each direction of 77th Street anywhere in the 77th Street Corridor. The sign may be double-faced, or upon a showing of need, two separate single-faced signs may be utilized to address each direction of 77th Street. Sign faces shall be positioned at approximately right angles to the 77th Street roadway. (vi) The fousiness owner served by the sign must demonstrate that he or she has contacted other eligible businesses in the vicinity to determine whether they are interested in going together on one sign. (vii) In no instance may more than three businesses be represented on one sign face. Such signage shall comply with the following size requirements: a) one business - 24 inches wide by 18 inches high b) two businesses - 24 inches wide by 24 inches high c) three businesses - 24 inches wide by 30 inches high (viii)The business owner(s) being served by such signage are responsible for the purchase and installation of the sign. (ix) The sign must contain the name of the business (or businesses) and an arrow indicating which direction to turn. In special circumstances it may be necessary to use text in lieu of an arrow to indicate the appropriate direction (i.e. , next left) . In any case, the use of text shall be kept to a minimum. (x) Signs may not contain advertising messages. The sign may contain a color logo not to exceed 36 square inches for each business. In the case of multiple businesses on one sign, logo placement shall be approved by staff. (xi) The sign shall be mounted at a height of seven feet, as measured from the bottom of the sign to the ground level at the top of the abutting street curb. (xii) The sign shall have a medium blue background. All lettering and arrows shall be white. All lettering shall be upper-case helvetica style, four inches in height. (xiii) The corners of the sign face shall be rounded. The sign face shall have a white border just inside the edge. Such border shall be three-quarters of an inch in width. The corners of the sign border shall be rounded to fit the sign face. (xiv) The sign face shall be metal or other material as approved by the city. Richfield City Code 416.07, Subd. 2(g) (2) (xv) (Rev. 1993) (xv) The sign shall be mounted on a single iron post of sufficient gauge to safely secure the sign face. The business (or businesses) served by such signage shall be responsible for contacting the utility companies before installing the post. (xvi) The business (or businesses) being served by off-site directional signage shall keep such signage in proper position, clean, and legible at all times. Damaged signs shall be replaced by the business within 20 days of written notice to repair such damaged sign by the City. Failure to repair damaged signs within the 20 days will result in revocation of the permit and removal of the sign by the city. (xvii)In instances where the 77th Street off-site signage does not lead traffic directly to the business via the north/south avenues, the business may install one off- site directional sign near the end of the avenue, as approved by staff. This sign shall be installed and designed similar to the 77th Street off-site sign. however, the sign face shall be no more than six inches in height by 24 inches in length. In unique circumstances (i.e. , business with unusually long name) the Council may approve a sign face that is more than 24 inches in length. (3) Ground monument signs. A ground monument sign which is otherwise permitted under this subsection 416.07 must conform to the following requirements. The sign may not exceed ten feet in height or 60 square feet in area, and must be located within a landscaped area at least equivalent to the sign's area. The sign may be located outside of a landscaped area if such a sign meets the following design criteria: (i) it is located on a base of stone, or brick that is at least three feet in height and 150% of the width of the sign face. (ii) the stone or brick base contains a planter which occupies at least 100% of the total surface area parallel to the ground plane of the base and is planted with annual or perennial flowers. Ground signs may be illuminated so long as light and glare from such signs is not visible from residential property north of 77th Street. (4) Pedestal signs. Notwithstanding any other provision of this subsection 416.07, pedestal signs are permitted within the 77th Street Corridor only if all of the following conditions are met: (i) The pedestal sign is located on property fronting on Lyndale, Portland or Nicollet Avenues or on a corner lot with primary entrance on 77th Street and secondary street wall facing Lyndale, Portland or Nicollet Avenues; Richfield City Code 416.07, Subd. 2(g) (4) (ii) (Rev. 1993) (ii) The pedestal sign must be set back a minimum of ten feet and not more than 20 feet from the property line and any public right of way; (iii) The base of the pedestal sign must be located within a landscaped area that is equal in area to that of the sign face, and at least 30% of the landscaped area must contain plantings which will achieve a mature height equal to one third of the pedestal height; (iv) The pedestal sign must meet the size, area, and height limitations applicable for the zoning district in which the property is located. (5) Wall signs. Notwithstanding any other provision of this subsection 416.07, wall signs which face 77th Street are not permitted, except as provided in this paragraph. (i) In MR-1, MR-2 and MR-3 zoning districts, one wall sign is permitted per building. The sign may not exceed six square feet in area. For multiple building complexes, one additional sign may be placed on the building housing the complex office or building closest to the street. (ii) In C-1, C-2, C-3, and I zoning districts, wall signs that face 77th Street will be permitted only on buildings which have a primary entry and orientation to 77th Street. Wall signs will not be permitted on walls which serve as a side or rear wall. The total sign area for wall signs may not exceed 15% of the total wall area of the portion of the wall of the building to which the signs are attached. In the case of multiple occupancy, the total area of wall, window, canopy or marquee signs which each occupant may erect may not exceed 15' of the exterior wall area of the portion of the building occupied by that occupancy and to which the sign is affixed. (6) Window signs. Notwithstanding any other provision of this subsection 416.07, window signs are not permitted in or on any windows facing 77th Street. Window signs will be permitted in or on windows facing streets other than 77th Street, provided that the signs meet the requirements of the applicable primary zoning district. (7) Projecting signs. Notwithstanding any other provision of this subsection 416.07, projecting signs are not permitted from any building wall that faces 77th Street. - (8) Banners, wind devices, promotional display devices and fixed temporary ground signs will not be permitted within the 77th Street Corridor. (Added, Bill No. 1993-18) Richfield City Code 416.09 416.09. Outdoor advertising displays. Subdivision 1. Permit required. No new outdoor advertising display may be established in the city unless a permit is first obtained. Permits may be issued by the city council only after a public hearing preceded by the giving of 10 days notice mailed to the owners and occupants of all properties located in whole or in part within 660 feet of the proposed outdoor advertising display. Failure to comply with this notice requirement, however, shall not invalidate the proceedings. The council may attach conditions upon the granting of any permit. Subd. 2. The following regulations apply to all outdoor advertising displays within the city: (a) Outdoor advertising displays are permitted only in the C-2, PC-2, I and PI districts of the city. (b) An outdoor advertising display may not exceed 750 square feet in sign area per face. (c) An outdoor advertising display may have no more than two sign faces. (d) All outdoor advertising displays will be freestanding signs either supported by a single or double column or some other support which has all structural and support members screened from view from all directions. (e) Outdoor advertising displays may not be located closer than 1,000 feet apart as measured along the same side of the same roadway. (f) The sign face of outdoor advertising displays must not be visible from the boundary of any residentially zoned property which is located entirely or partially within 300 feet of the sign face. (g) Outdoor advertising displays may not be located within 300 feet of any school or church. (h) Outdoor advertising displays must comply with the setback requirements for buildings in the zoning district in which they are located. Any variance from those requirements will be subject to the procedure established in the zoning code for such variances. (i) No outdoor advertising displays may exceed 27 feet in height above the ground level of the nearest street towards where it faces. The council may permit an increase in the allowable height to a maximum of 48 feet in the event that the following findings are made. (1) As a result of unique circumstances, a sign 27 feet in height could not be located on the premises so as to be visible from the abutting street which it faces or that the visibility of the sign from such street could be substantially obstructed. Richfield City Code 416.09, Subd. 2(i) (2) (2) The increased height of the sign would be unlikely to have any adverse or detrimental impact upon traffic safety, pedestrian safety, aesthetics, or the value of other properties within the area. - (j) No outdoor advertising display may exceed 65 feet in length. (k) Outdoor advertising displays shall not be closer than 660 feet from the right-of-way of any freeway within the city (including Highways 35-W, 494, 62 and 77) . No "traveling" or changing message sign shall be located so as to face any freeway or be visible from the freeway. Any outdoor advertising displays legally located within 660 feet of any such freeway at the time of adoption of this provision may be replaced, subject to compliance with the other provisions of the part and subject -. to the limitations hereinafter contained, either in the same location or at another location along any such freeway provided that such alternate location is first approved by the council. The council may approve a relocation if it finds that the relocation will lessen any adverse impact of the sign upon traffic safety and aesthetics. (1) A permit shall not be issued for any new outdoor advertising display if — such outdoor advertising display would be within 300 feet of any other such outdoor advertising display already in existence in the interior of the same city block or its equivalent area. Subd. 3. Nonconforming outdoor advertising displays. Outdoor advertising displays lawfully erected and located on the effective date of this subsection may continue subject to the following limitations: (a) Except as provided in subdivision 2, paragraph (k) of this subsection, no nonconforming outdoor advertising display may be expanded, rebuilt, relocated or altered without being brought into conformity with the requirements of this ordinance. This provision shall not apply to the following circumstances. (1) The rebuilding of an outdoor advertising display which sustains damage the repair of which in the opinion of the building official will cost less than 50% of the replacement cost of physical structure prior to - the damage. (2) Nonstructural alterations or modifications designed to improve the _ appearance of the sign and changes of the sign face. (b) Any outdoor advertising display which is not used for advertising purposes for a period of more than two years shall be deemed abandoned and must be - removed by the owner of the parcel on which it is located. 416. 11. Construction, design, location and maintenance of signs. Subdivision 1 . All signs; construction, design, location and maintenance. Every sign shall conform to the standards of this part whether or not a permit therefor is required, and nothing contained herein shall be construed as modifying or repealing any of the provisions of this code relating to zoning. No sign shall be so located as to obscure or tend to obscure any existing sign. The following additional requirements are to be observed: Richfield City Code 416.11, Subd. 2 (a) Where portions of a sign are subject to different classifications, each portion shall meet the requirements of its classification. (b) All signs and sign structures shall be maintained in a safe condition and in a state of good repair at all times. No sign shall display obscene matter. Subd. 2. Ground signs; construction and design. The following standard shall be maintained for all ground signs: ' (a) The owner, lessee, or occupant of the land on which the ground sign is located, and the owner of the sign, shall keep the property on which the sign is located free of long grass, weeds or other rank grown, rubbish or debris. (b) All parts of ground signs, shall be designed for wind pressure of not less than 30 pounds per square foot, and permanent ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative as required by the building code. (c) Pedestal signs permitted by the zoning regulations of the city and by this part may be located adjacent to the right-of-way of a street or highway, but no part thereof shall extend over the right-of-way. (d) The minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall be not less than 36 inches for conductors carrying not over 600 volts, and 48 inches from conductors carrying more than 600 volts. Subd. 3. Projection signs; construction and design. The following standards shall be maintained for all projection signs: (a) All portions of projection signs shall be designed for a wind pressure of not less than 30 pounds per square foot. (b) Such signs shall not project over public street right-of-way, but may project over sidewalks located on private property such as shopping center sidewalks. No such sign shall be less than 12 feet above the level of the sidewalk; provided that such signs which do not exceed four square feet, and which do not project more than two feet over the sidewalk may be eight or more feet above the sidewalk. (c) The building or structure from which any such sign projects and all attachments or fastenings must be so constructed as to safely resist the dead load and the wind load added by the attached sign. The sign must be rigidly attached to its supports. (d) All such signs shall be of non-combustible materials, or of fire retardant construction. Subd. 4. Wall signs; construction and design. The following standards shall be maintained for all wall signs: RichfieLd City Code 416.11, Subd. 5 - (Rev. 8-31-90) (a) No wall sign shall have a projection over a private sidewalk or an established building line of more than 12 inches. (b) The materials, construction and attachment of any such sign shall conform to the requirements of the building code. Subd. 5. Nonconforming siens. (a) Any sign prohibited by this ordinance or not in conformance with the standards, requirements and provisions of this ordinance, which was lawfully erected and maintained prior to this ordinance, shall be defined as a nonconforming sign. (b) Except as provided in subsection 416.09 subdivision 3, all nonconforming signs shall be removed or brought in conformity with this ordinance within the following time periods: 1.. Any nonconforming temporary sign: within 60 days of the adoption of this ordinance. 2. Any nonconforming permanent sign: within ten ( 10) years of the - adoption of this ordinance. (c) Nothing in this ordinance shall relieve the owner or user of any nonconforming sign or owner of the property on which the nonconforming sign is located from maintaining the sign in a manner consistent with the provisions of this ordinance. (d) Nonconforming signs shall not be expanded, rebuilt, relocated or altered other than to change the copy without being brought into compliance with the requirements of this ordinance. Nonstructural alterations or modifications designed to improve the appearance of the sign which do not increase the sign area are permitted. (e) Whenever use of a nonconforming sign has been discontinued for a period of two years, such use shall not thereafter be resumed unless it is in conformance with the provisions of this ordinance. 416.13. Effect of state law. Notwithstanding any provisions of this section to the contrary, all noncommercial signs of any size may be posted from August 1 in a general election year until ten (10) days following the state election. (Added, Bill No. 1990-11) Richfield City Code (Zoning) C-2 District 526.27, Subd. 8 (b) b) queuing space for at least four cars (70 feet) shall be provided, as measured from but not including the order station — such queuing space shall not interfere with parking spaces or traffic circulation; c) any drive-up service window, exterior order station, or exterior loudspeaker shall be located at least 150 feet from any residential parcel; d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code; e) the applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and f) alcoholic beverages shall not be served. Subd. 9. Hotels/motels, provided the following conditions are met: a) a buffer yard of not less than 35 feet in width shall be provided to separate all aspects of such use from abutting residential parcels — the Council may reduce this requirement to not less than 25 feet if significant additional landscaping and berming are provided to screen the hotel/motel use; and b) access to the site shall be only from arterial or collector streets. Subd. 10. Hospitals and medical clinics, provided the following conditions are met: a) the use site shall abut an arterial or collector street; and b) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from any abutting parcel. Subd. 11. Auto or boat sales/lease lots, provided the following conditions are met: a) the business shall be licensed under Section 1155 of the City Code; b) the use site shall not abut a lot which is in the R or R-1 District — for the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; d) landscaping for the site, including display areas, shall meet the City of Richfield Landscape Requirements, on tale with the Office of Community Development; e) inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; Richfield City Code (Zoning) — C-2 District 526.27, Subd. 11 (f) t) parking of vehicles on public right-of-way shall be prohibited; — g) all repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as — tire inflation or adding windshield wiper fluid; and h) any exterior speaker shall comply with the noise control limits set by — Section 930 of the City Code. Subd. 12. Service stations, service station/convenience stores, and conversion of a — service station to a service station/convenience store, provided the following conditions are met: a) the business shall be subject to the provisions of Section 1150 of the City Code; p AO- 40110,— b) the use site shall not abut a lot which is in the R or R-1 District — for the oats -• purpose of this subdivision, a lot which merely adjoins the use site at-civ* , • — corner shall not be deemed to abut the use site; apt V c) the use site shall not be located within 300 feet of the grounds of a school, Ge church, or hospital; PO d) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from abutting parcels; e) vehicles which are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City; 0 parking of vehicles on public right-of-way shall be prohibited; g) any repair, assembly, disassembly, or maintenance of vehicles shall occur — within an enclosed building, except minor maintenance such as tire inflation, adding oil, or adding windshield wiper fluid; h) the minimum frontage on any street shall be 120 feet and the minimum area of the site shall be 12,000 square feet; i) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code; j) queuing space of at least 20 feet shall be provided in front of the pump island in each direction in which access can be gained to the pump — this required space shall not interfere with internal circulation patterns or with — designated parking areas, and shall not be permitted in any public right-of- way, private easement, or within the required parking lot setback; k) pump islands shall be located not less than 20 feet from any property line; Richfield City Code 1155.01 (Rev. 1988) Section 1155 - Motor Vehicles Dealers 1155.01. State licensing laws adopted by reference. Minnesota Statutes, section 168.27, is adopted by reference and made a part of this code as if fully set forth herein. A violation of the provisions of the statutes adopted by reference herein is a violation of this code. 1155.02. Definitions. For the purposes of this section, the terms defined have the meanings given them. (a) "Street" or "alley" means the entire width between the boundary lines of any way or place when any part thereof is open to use by the public, as a matter of right, for the purposes of vehicular traffic. (b) "Roadway" means that portion of a street or alley which is improved, designed and ordinarily used for vehicular traffic. (c) "Boulevard" means that portion of a street or alley which lies between the outer edge of the roadway and the boundary line of the street or alley. (Added, Bill No. 1988-21) 1155.03. Not to include auto wrecking. A dealer in motor vehicles licensed pursuant to this section may not engage in the business or wrecking or dismantling motor vehicles. The wrecking and dismantling of motor vehicles, the keeping or storing for sale or selling of any used parts of motor vehicles, or the use of the premises and place of business of any licensed dealer in motor vehicles for the wrecking, dismantling, or storing of parts of motor vehicles is hereby prohibited unless the dealer has complied with the provisions of this code relating to auto junk yards. 1155.05. State license required. No person shall engage in the business of: (a) new motor vehicle dealer (b) used motor vehicle dealer (c) motor vehicle broker (d) motor vehicle wholesaler, or (e) motor vehicle auctioneer as those terms are defined by state law, without a current state license there- for. Every person holding such a license shall file a copy of his current state certificate of license with the clerk who shall maintain a register of such licenses. Failure of a licensee to supply the clerk with a copy of his current state license is a violation of this code. Richfield City Code 1155.07 (Rev. 1988) 1155.07. License required. Subdivision 1. General rule. No person may engage in the business of dealing in motor vehicles without first having obtained a -- license. The license shall authorize the licensee to carry on such business only at the place designated. A license may not be issued unless the applicant has an established place of business. Subd. 2. Application: information. The application shall state the applicant's name, age, residence and whether the applicant is a registered voter of the city. If the applicant is a partnership, the application shall include the names of all partners and shall be verified by one such partner. If the applicant is a corporation, the application shall include the names of all of the officers and shall be verified by one such officer. Subd. 3. Premises. If additional licenses are applied for, the applica- tion shall state the addresses of the additional places of business. Richfield City Code 1155.07, Subd. 4 (Rev. 1995) Subd. 4. History of applicant. The application shall state (i) the business and residence addresses of the applicant for a period of five years prior to the application date, (ii) whether the applicant is sole owner of the business and (iii) that no persons other than those named in the application have any interest in the management and control of the business. Subd. 5. Letters of recommendation. The application shall be accompanied by the favorable recommendations of two citizens of the city, attesting to the integrity and business ability of the applicant, or, if applicant is a partnership, the same attestation as to each partner, or, if applicant is a corporation, the same attestation as to the corporate officers and managers. Subd. 6. Plans required. The applicant shall provide a plot plan or drawing showing: a) the total area of the business premises; b) the location of streets and alleys adjacent to such premises; c) the location or proposed location of any building to be used in connection with the business; d) the proposed location, size and kind of billboards or advertising signs; e) the proposed location of vehicle entrances and exists; and f) such other information relating to the use of the property as the city engineer requires. Subd. 7. License fee. The annual license fee is set by appendix D. 1155.09. Conditions governing license. Subdivision 1. Business hours. The premises shall be closed and there may be no transactions relating to motor vehicles on or adjacent to such premises on any Sunday, or on any other day between 9:00 p.m. and 8:00 a.m. Subd. 2. Maintenance of premises. The premises and the boulevard area adjacent to it shall be kept in a neat and clean condition at all times, free from refuse, vehicle parts, papers, weeds and the like. Subd. 3. Disturbances to adjacent property. The licensee may not permit the unnecessary blowing of horns, flashing of lights, racing of motors or any other activity that disturbs the occupants of neighboring property. Floodlights may not be used on the premises, provided, however, string lights of a reflector type may be used. No device for the broadcasting or amplifying of sound may be used which can be heard at a distance of more than 100 feet from the licensee's property line; or which would otherwise be reasonably expected to annoy or disturb the public. (Amended, Bill No. 1995-1) Subd. 4. Parking areas and driveways. The parking and service drive areas shall be topped with asphalt or similar hard material and such surfacing shall be kept in good repair at all times. Richfield City Code 1155.09, Subd. 5 (Rev. 1988) Subd. 5. Buildings and shelters. No tents, shacks, or shelters may be kept or used on the premises. Any building used for office purposes shall meet the requirements of the building and plumbing sections of this code and conform to the setback lines of the area. Buildings shall be kept well painted and in a good state of repair. Subd. 6. Vehicle parking. Motor vehicles that are being purchased or sold by the licensee may not be parked on any roadway adjacent to the licensed premises. Driveways may not be blocked by parked motor vehicles. No motor vehicle being purchased or sold by the licensee and no motor vehicle of any customer of the licensee may be parked in a boulevard adjacent to the licensed premises unless the licensee and the City have entered into a written agreement permitting such parking. (Amended, Bill No. 1988-21) 1155. 11. General business requirements: sales memorandum. At the time of any sale, the licensee shall furnish to the motor vehicle purchaser a plainly written statement signed by the licensee, a salesman or agent showing: (a) name of the salesman; (b) name and address of the licensee; (c) name and address of the purchase; (d) date of the sale; (e) purchase price and whether financed in cash or on terms; (f) if on terms, the exact terms including insurance and interest; (g) name, factory, year model, license, motor and serial numbers of the motor vehicle. 1155. 13. Certificate of title. The certificate of title for any motor vehicle sold shall be forwarded by the dealer to the state of Minnesota as required by law. No dealer may receive and refuse to give to the owner thereof any certifi- cate of title. 1155.15. Encumbered motor vehicles. If a licensee sells a motor vehicle which is subject to a mortgage, lien or payment and this fact is known to the licensee or any person acting on his behalf, the licensee shall furnish a statement in writing to the purchaser definitely stating the amount of the mortgage, lien or payments and the name and address of the holder or owner of the mortgage, lien or other indebtedness. If the mortgage, lien or indebtedness exists and is not disclosed by the licensee to the purchase of the motor vehicle, the licensee, upon being informed thereof, shall pay the obligation represented by such mortgage, lien or indebtedness. 1155. 17. Speedometer mileage. No licensee may reduce the mileage shown on the speedometer of any motor vehicle. The licensee shall keep an accurate record of the mileage at the time the motor vehicle is acquired by him and accurately state in writing on the sales agreement the number of miles as of the date of the sale of the motor vehicle. _ Richfield City Code 1155.19 1155.19. Blank contracts. No licensee may obtain the signature of a purchase to any blank contract, bill of sale or other writing or memorandum relating to the same of a motor vehicle. 1133.21. Promissory notes. Whenever any dealer signs or gives to a person who sells to the dealer a promissory note in part or full payment for a vehicle being purchased by the dealer, with intent to defraud the seller thereof, the license of the dealer shall be revoked. The failure of a dealer to pay the promissory note when due is prima facie evidence of intent to defraud the seller. 1155.23. Advertising requirements. Subdivision 1. General rule. No dealer may advertise any motor vehicle as being sold by its owner at the residence of the owner, if such vehicle is actually owned by the licensee and sold in the course of his business. Subd. 2. Misleading advertising. No licensee may use advertising, whether printed, by radio, television, display or of any other nature, which is not accurate in all its material particulars or which misrepresents merchandise including its use, trademark, grade, quality, quantity, size, origin, material, content, or preparation of credit terms, values, policies or services and no licensee may us advertising or selling methods which tend to or actually deceive or mislead the public. No licensee may use advertising which refers inaccurate- ly in any material particular to any competitor or his merchandise, prices, values, credit terms, policies or services. Subd. 3. Repossessed vehicles. No motor vehicle may be advertised as "repossessed" or "sold for balance of contract due", unless such is actually the case and the automobile has been repossessed or is being sold for the balance due on the contract. Subd. 4. Demonstrator models. No motor vehicle which is a demonstrator or an executive or official's car may be advertised or represented as a new automo- bile. Subd. 5. Taxicab, police and sheriff vehicles. All motor vehicles which have been used as taxicabs, police cars, sheriff cars or for similar purposes, • shall be accurately described as such in any advertisement or representation made relating to such motor vehicles. Subd. 6. Advertisement of price. In any advertisement relating to new motor vehicles, when he price is advertised, the advertisement shall clearly indicate if the price is subject to addition of state or local taxes, delivery charges, accessories or any other item, and when the price is included in an advertisement for used motor vehicles, such price shall be the complete driveway price, exclusive of finance and insurance charges and license fees, which shall also be set forth in the advertisement. Motor vehicles, both new and used, when so advertised, shall be in proper and efficient operating condition, unless otherwise plainly stated in the advertisement. 1155.25. Limitation on license. No license issued pursuant to this section shall permit the sale of motorcycles or trucks over one and one-half tons or trailers or house trailers on the licensed premises without special permission from the city obtained at the time the license is issued. - CITY ON MAPLE GROVE RANDY GRAYES, 494-6000 Auto dealerships are allowed in district B-3. The areas along the freeway are zoned Mixed Use Development. An auto dealership has never attempted to located in Maple Grove. According to Randy Grayes, if someone wanted to put in a dealership they could, but zoning would make it difficult. He mentioned the need to differentiate between a sales lot and a storage lot. Specific screening in required for outdoor storage, there are limits on building materials allowed along freeways (brick, stone or glass), and there are high landscaping standards. 375: 103, Subd. 5 (Rev. 1995) ( (5) If the City allows setbacks of less than the thirty (30) feet required in subparagraph (2) above, additional green space as required in subparagraph (4) must be provided in the ratio of 1 .5 feet of width for every one (1) foot of setback reduction. No setback reduction pursuant to this subparagraph (5) shall exceed five (5) feet. (6) The provisions of subparagraphs (4) and (5) shall not apply to lots of record existing on November 6, 1985. (Amended, Ord. No. 87-47, Sec. 1) (g) Freeway Visibility. Development plans for land adjacent to the freeway shall include both building elevation and vista drawings. Compatibility of buildings shall be considered in sitting of neighboring buildings. (h) Sexually-Oriented Business. In addition to the foregoing, a sexually-oriented business must also comply with the following standards: (1) The business must be properly and currently licensed pursuant to the provisions of Section 427 of the Maple Grove Ordinance Code. (2) The business or premises shall not be located within seven hundred fifty (750) feet of any premises currently licensed in �• accordance with Sections 426, 427, 800, or 805 or this Code, nor within seven hundred fifty (750) feet of any licensed day care facility, private residence, house of worship, school , playground, park, library, or other community recreational center or facility, or any other sexually-oriented business. Measurements shall be made ion a straight line, without regard to intervening structures or objects, from the nearest point of the lot containing or to contain the sexually-oriented business to the nearest point of the lot containing one of the aforementioned uses. (3) No sexually••oriented business may be located in or on any building, premises, or lot already containing a sexually- oriented business. (Added, Ord. No. 94-27, Sec. 10) Subd. 5. Platted Lots of Record. For lots of record platted before November 6, 1985, the requirement for General Concept Plans, Development Stage Plans, and Final Plans is waived. The Site Plan review required in Section 375: 117, however, shall include review of the proposed land use for compatibility with adjacent and nearby property. All other requirements shall apply including, but not limited to, those set forth in Section 375: 114, Planned Unit Developments. C 375: 103, Subd. 4(d) (Rev. 1987) (B) The City Council may establish a design review committee for reviewal and recommendation of building design and exterior materials. (2) Buffers approved by the City shall be provided between non-residential and residential uses. (3) Loading docks and garage entrances and exits shall be screened so as to minimize visibility from any public street. (Amended, Ord. No. 86717, Sec. 5) (d) Lot Coverage. Maximum building coverage shall be thirty percent (30%) of the lot. (e) Parking. Parking shall be regulated by Section 375:21 of this Ordinance, except as otherwise specifically set forth herein. (f) Setbacks. (1) Front yard setbacks shall be fifty (50) feet or one-half (1/2) the total building height, whichever is greater. In the case of lots of record existing on November 6, 1985, the minimum building setback shall be thirty (30) feet. (Amended, Ord. No. 86-13, Sec. 1) (2) Unless otherwise provided, no parking or parking aisle shall be allowed within thirty (30) feet of any public right-of-way, nor shall any driveway or road unless it provides direct access to and from the public street. In the case of lots of record existing on November 6, 1985, the minimum parking and parking aisle setback shall be twenty (20) feet. (Amended, Ord. No. 86-13, Sec. 1) (3) No parking, parking aisle, driveway, road or building shall be or be allowed within forty (40) feet of any side or rear property. line that abuts any residentially zoned property. (Added Ord. No. 87-24, Sec. '.7) (4) All parking, driveway and road surfaces located on the front side of the principal building(s) on a lot shall be separated from the building(s) by a ten (10) foot wide green space containing landscaping such as trees, shrubs, living ground - cover and flowers. i — 375: 103, Subd. 4(b) (Rev. 1986) (3) Single use projects shall be located on a minimum lot size of five (5) acres or on a lot of record less than five (5) acres in size on or prior to November 6, 1985. (4) The minimum building size for lots of record existing on November 6, 1985 shall be determined by using the following formula: Lot Acreagex 20,000 Square Feet For lots created after November 6, 1985 the minimum floor area of buildings shall be twenty thousand (20,000) square feet, except that freestanding restaurants may have a minimum of seventy five hundred (7,500) square feet. A (Amended, Ord. No. 86-17, Sec. 4) (b) Landscaping. (1) A landscaping plan shall be submitted in accordance with Section 375: 12, Subd. 7 of this Ordinance. (2) Mixed Use Projects shall have a unified landscaping scheme. (3) Underground sprinkling is required with all landscaping. (4) On each lot the minimum area of surface penetrable by the elements shall be as follows: Land Use 5 acres 5-10 acres 10 or more acres (A) Residential 65% 65% 65% (B) Commercial 40% 35% 25% (C) Industrial 40% 35% 25% (c) Building Exteriors. (1) Except for trim and accessories, building exteriors shall be brick, stone, or glass', or any combination thereof. (A) Exteriors of buildings in the "MXD" District fur which a building permit had been issued as of November 6, 1985 are exempt from this requirement, as are additions to any suc.l buildings. 375:103, Subd. 4 (Rev. 1987) (b) Strale Use Pro.iect. The application procedures for a single use project shall include submittal and approval of a site plan for any lot measuring five (5) acres or more in size zoned "MXD" and not part of a Mixed Use Project, or for any "MXD" District lot of record less than five (5) acres in size on November 6, 1985. (1) The Site Plan review required in Section 375:117 shall include review of the proposed land use for compatibility with adjacent and nearby property. (2) Except as may otherwise be provided above in this paragraph (b) or in Subd. 3(a) above all other requirements of Section 375:103 shall apply to a single use project. (3) Fees as established by the City Council for Planned Unit — Developments and Site Plans and set forth in Section 550 of the Maple Grove Ordinance Code shall be paid. Subd. 4. General Requirements. (a) Scale and Size. (1) Except as otherwise specifically set forth in this Section, a mixed use project within the "MXD" District shall contain a minimum of fifteen (15) acres. The proposed land uses in such a project and their mix, location and relationship as discussed in Subd. 2(a) above may require varying lot sizes within said project, none of which lots shall be less than five (5) acres in size. (Amended, Ord. No. 87-04, Sec. 2) (2) Lots of less than five (5) acres within a Mixed Use Project may be permitted only when the applicant has demonstrated satisfactorily that: (A) The lot is at least three (3) acres in size and will be the site of a use that will complement and enhance existing and planned businesses, (B) The complementary use is compatible with existing and planned land uses, and (C) The primary business of the proposed complementary use will serve business activities within the "MXD" District. 375: 103, Subd. 3 (Rev. 1986) (3) Open sales lots including, but not limited to, cars, trucks, recreational vehicles, mobile homes, trailers, machinery, lumber, building materials and similar items. (4) Truck terminals and truck stops. (5) Outside storage. (6) Windmills. (7) Mini-storage facilities. (8) Other uses deemed by the Zoning Administrator, subject to the right of appeal to the City Council , to be similar to those set forth in this paragraph (b) or inconsistent with the purpose statement set forth in Subd. 1 above and the plans referred to therein. Subd. 3. Procedure for Development of Projects within the "MXD" District. (a) Mixed Use Project. The application procedures and applicable general requirements outlined in Section 375:114, Planned Unit Development District, and Section 375:117, Administration - Site Plan shall apply subject to any exceptions, modifications or additions set forth in this Section 375: 103. (1) The application procedures shall include submittal and approval of a General Concept Plan, Development Stage Plan, and Site Plan. (2) If the land is not within the "MXD" District at the time of application, it shall be considered for rezoning in accordance with Section 375: 120. Rezoning and plan review and approval may be done concurrently. (3) Fees as established by the City Council for Planned Unit Developments and Site Plans and set forth in Section 550 of the Maple Grove Ordinance Code shall be paid. (4) Where a mixed use project contains both residential and non-residential elements, the City may require the construction of any or all non-residential elements before the construction of any residential element. (Added, Ord. No. 86-17, Sec. 3) 375: 103 (Rev. 1987) Section 375: 103. "MXD" , Mixed Use District. (Added, Ord. Na. 85-45, Sec. 1) t' — Subd. 1 , Purpose. The "MXD", Mixed Use District is meant to provide for the development of land near and adjacent to the freeways. In particular the District is intended to implement that part of the City's Comprehensive Plan known as the Freeway Corridor Land Use Plan, doing so by allowing for a mixture of land uses and by establishing stringent development standards for the development of that land. The District is meant to promote large scale — development in a manner similar to a Planned Unit Development, taking full advantage of the benefits of the City's freeway locations as described and documented in the Freeway Corridor Land Use Plan. It is also a goal of the "MXD" District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2, Land Uses and Developments. (a) Permitted. Development within the "MXD" District may include commercial , industrial , and residential uses but the primary land uses shall be office and industrial activities. The mix, location, and relationship of these uses and the size of lots within the District shall conform with the general goals, policies, and standards of the Freeway Corridor Land Use Plan, the purpose statement above and the specific findings of the City Council . In addition the applicant shall demonstrate to the satisfaction of the City that the proposed lot sizes, land uses, their mix, and location are compatible and complementary both internally and with adjacent land uses. The developer may also be required to execute a T f development agreement as determined by the City, which agreement may include requirements such as, but not limited to, requirements set forth in Subd. 3(a) (4) below. (Amended, Ord. Nos. 86-17, Sec, 1 ; 87-04, Sec. 1) (b) Prohibited. Some land uses are not compatible with the purpose statement and the activities planned for the "MXD" District area. For this reason the following uses are prohibited: - (1) Single family residences. (2) Developments wherein buildings proposed have more than twenty-five percent (25%) land area in residential uses or a density greater than twenty-two (22) dwelling units per acre. For purposes of this subparagraph (2) the term "development" shall mean the area involved in the application for a mixed use project. (Amended, Ord. No. 86-17, Sec. 2)