HomeMy WebLinkAbout2010-010CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO.2010-010
On the 28t' day of June, the Arden Hills City Council adopted Ordinance No. 2010-010,
and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed
that a summary of Ordinance 2010-010 be published.
Chapter 13, Sections 1305.04, 1315.01, 1320.04, 1320.05, 1320.06, and 1320.135 of the
City Code are collectively known as Ordinance 20 10-0 10 entitled "Land use Regulations for the
former Twin Cities Army Ammunition Plant." The purpose of the amendments is to rezone
approximately 460 acres of the former Twin Cities Army Ammunition Plant (TCAAP) property to a
new Mixed Residential zoning district and Mixed Business zoning district; adopt a planning process
and design standards for the two new zoning districts; and update the definitions section of the
Zoning Code. The Amended TCAAP Zoning Regulations will go into effect on July 14, 2010.
A full copy of Ordinance 2010-010s available for inspection by any person during regular
business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills,
Minnesota 55112- The Ordinance is also available online at http://`www.ci.arden-
hills.mn.us/TCAAP.
Ordinance 2010-010
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2010-010
AN ORDINANCE AMENDING THE LAND USE REGULATIONS FOR THE FORMER
TWIN CITIES ARMY AMMUNITIONS PLANT AND DEFINITIONS WITHIN THE
ZONING CODE
The Arden Hills City Council hereby ordains that Chapter 13, Sections 1305.04, 1315.01,
1320.04, 1320.05, and 1320.06 of the City Code are hereby amended and Section 1320.135 of the
City Code is hereby added as follows:
1305.04 Definitions.
Subd. 1 Acre. A quantity of land containing forty-three thousand, five hundred and
sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and
pattern (e.g. circular, square, triangular, irregular, broad or narrow).
Subd.2 Acre, net (as applied to PUD density calculations). One (1) acre of land,
minus the two-thirds (2/3) of that portion of the acre encompassed by wetlands, one-half
(1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes
that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of
distance; and the entire area of public streets.
Subd.3 Administrative officer. The zoning administrator, building inspector, their
deputies or assistants, and any other officials of the city charged with or engaged in the
administration of this Code or any portion thereof.
Subd. 4 Administrator. The zoning administrator.
Subd. 5 Agricultural uses. Uses customarily associated with the growing of farm
Produce and the raising of farm animals for general use; but not including raising and
feeding (feed lots) of livestock, fur farms and kennels.
Subd. 6 Alteration. As applied to a building or structure, a change or rearrangement in
the structural parts or in the existing facilities, or an enlargement, whether by extending
on a side or by increasing in height, or by moving from one location to another.
Subd. 7 Alley. A minor public or private way which is used primarily for vehicular
service access to the back or side of a lot abutting on a street.
DRAFT: 1/5/2011
Page 1 of 51
Ordinance 2010-010
Subd. S Animals, domestic. Common household pets, such as dogs and cats, other
animals kept for amusement, companionship, decoration, or interest.
Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose
of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine,
fowl, bees, and animals raised for fur.
Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are
not normally a domestic animal or farm animal and would ordinarily be confined in a zoo
or found in the wild.
Subd.11 Antenna. Equipment, used for transmitting and/or receiving
telecommunication, television or radio signals, which is located on the exterior, or
outside, of any building or structure.
A. Dish antenna: A parabolic -shaped antenna (including all supporting
apparatus) which is used for transmitting or receiving telecommunication,
television or radio signals, which is located on the exterior, or outside, of any
building or structure.
1. Class I: Dish Antenna under thirty (30) inches or more in diameter;
six (6) feet in surface area; or six (6) feet in height.
2. Class II: Dish Antenna thirty (30) inches or more in diameter; six (6)
square feet or more in surface area; or six (6) feet or more in height.
B. Tower: Any pole, spire or structure, or any combination thereof, to which
an antenna is attached, or which is designed for an antenna to be attached, and
all supporting lines, cables, wires and braces; including but not limited to a
free-standing radio (including ham radio and private radio transmitting) or
television receiving antenna, a windmill, and a wind -powered generator.
Subd. 12 Apartment. A room or suite of rooms located in a one- or two-family building
or multiple dwelling, which shall include a bath and kitchen accommodation, intended or
designed for use as an independent residence by a single household.
Subd. 13 Appeal. An application for the review of an order, requirement, decision,
determination or interpretation of this Code made by an administrative officer in the
application and/or enforcement of this Code.
Subd. 14 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. (Revised O51051,10)
DRAFT: 1l512011
Page 2 of 51
Ordinance 2010-010
Subd. 15 Bluff. A topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent over a
distance for 50 feet or more shall not be considered part of the bluff):
(Added 02122110)
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the
water body;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
Subd. 16 Bluff impact zone. A bluff and land located within 20 feet from the top of a
bluff. (Added o2/22/l0)
Subd.17 Board. The board of appeals and adjustment established by this Code
Subd. 18 Boarding house. A structure where sleeping rooms are provided, with a
common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or
more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons.
A boarding house is distinguished from a transient accommodation such as a hotel or
motel as defined in this chapter. (Added 7 vio)
Subd. 19 Boulevard. That portion of a street lying between the lateral line of the
roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line
thereof which may contain within its boundaries a sidewalk or portion of driveway.
Subd. 20 Building. A structure which is designed and suitable for the habitation or
shelter of human beings or animals, or a shelter or storage of property, or is used for trade
or manufacturing.
Subd. 21 Building line. A line parallel to a lot line or the ordinary high water level at
the required setback beyond which a structure may not extend. (Revised o2122/io)
Subd. 22 Building, accessory structure or use. A subordinate building structure or use
which is located on the same lot on which the principal building or use is situated and
which is reasonable necessary, appropriate and incidental to the conduct of the primary
use of such principal building or principal use.
Subd. 23 Building envelope. (See Lot, Buildable portion of
Subd. 24 Building height. The vertical distance from the average elevation of the grade
along a face of a building to the highest point of the roof surface of flat roofs, the deck
line of mansard roofs, or the average height between the eaves and the highest ridge of
DRAFT: 1/5/2011
Page 3 of 51
Ordinance 2010-010
gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the
height of the tallest segment of the building.
Subd. 25 Building inspector. The inspector as provided for in the building code.
Subd. 25 Building, principal. A building in which the principal use, of the lot on which
it is located, is conducted.
Subd.27 Bulk. The term used to indicate the size and setbacks of buildings or
structures and location of same with respect to one another and includes the following
items:
A. Size and height of buildings or structures.
B. Location of exterior walls at all levels in relation to lot lines, street or to
other buildings or structures.
C. Gross floor area of buildings or structures in relation to lot lines, street or
to other buildings or structures.
D. All open spaces allocated to buildings or structures.
E. Amount of lot area per dwelling unit.
Subd. 28 Bulk materials. Uncontained solid matter such as powder, grain, stone, sand,
sulfur, etc., that has a tendency to become airborne.
Subd. 29 Business. Any occupation, employment or enterprise wherein merchandise is
exhibited and sold, or which occupies time, attention, labor and materials, or whereby
services are offered for compensation.
Subd.30 Business services. Services performed primarily for other businesses,
including such services as secretarial, clerical, employment agencies, business machine
service, printing, etc.
Subd. 31 Caliper inches. The diameter of a tree measured at 4.5 feet above the ground.
(Added 4128108)
Subd. 32 Cemetery/Memorial garden. Land used or dedicated to the burial of the dead,
including crematoriums, mausoleums, funeral chapels and necessary sales and
maintenance facilities. (Added w4/l0)
Subd. 33 Clear vision area. The clear vision area shall be an area within a triangle that
is measured along the edge of the driving surface of the road at the intersection of two
roads (public or private) and extending thirty (30) feet in each direction from the
intersection with a line connecting the two end points. (Revised 3/I8/09)
DRAFT: 1/5/2011
Page 4 of 51
Ordinance 2010-010
Building
MINAM
o
M
Clear on Clew `.lion
Subd. 34 Clear -cutting. The complete removal of trees or shrubs in a contiguous patch,
strip, row, or block. (Revised 02122110)
Subd.3S Clinic. A building for out -patient medical treatment of humans or small
animals.
Subd.36 Clubs and lodges. Buildings and facilities owned and operated by a
corporation or association of persons for social, recreational, charitable, educational or
cultural purposes, but not operated primarily for profit or for purposes which are
customarily associated with a business.
Subd. 37 Clubs, sports and fitness. A place of assembly where membership may be
required and is directed toward the general public with the commercial promotion of
sports and physical fitness.
Subd.38 Commission. The Planning Commission, as established by the Code of
Ordinances, City of Arden Hills, Chapter 2.
Subd.39 Commercial recreation, indoor. A commercial recreational use conducted
within an enclosed building, including arcade, arena, art gallery, assembly hall, athletic
and health clubs, auditorium, bowling alley, club or lounge, community center, pool or
billiard hall, or a variety of organized or franchised sports, including but not limited to
basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not
include public uses on public property. (Added 7114110)
Subd. 40 Comprehensive plan. A compilation of policy statements, goals, standard and
maps for guiding the physical, social and economic development, both private and public,
of the city and its environs and may include, but is not limited to, the following items:
Statements of policies, goals, standards, a land use plan, a community facilities plan, a
transportation plan and recommendations for plan execution.
DRAFT: 1 /512011
Page 5 of 51
Ordinance 2010-010
Subd. 41 Conditional use. A use which, because of unique characteristics, cannot be
classified as a permitted use in a district, and which, after due consideration by the
Planning Commission and Council, pursuant to the applicable procedures contained in
this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted
with restrictions on a site by conditional use permit granted by the Council.
Subd.42 Conditional use permit (C.U.P.). A permit required for certain land uses
classified as Conditional Accessory Uses or Conditional Principal Uses.
Subd. 43 Consumer small loan establishment. Any establishment that offers consumer
small loans, commonly referred to as "payday loans," as defined in Minnesota State
Statute 47.60 as amended from time to time. (Added 1 wos)
Subd. 44 Council. The City Council, as established by the Code of Ordinances.
Subd. 45 Crematorium. A facility containing properly installed, certified apparatus
intended for use in the act of cremation. (added 7114110)
Subd. 46 Critical root zone. The minimum area around a tree that should remain
undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each
caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10
caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone
is 30 feet. (Added 4128/08)
Subd. 47 Day care facility. Any licensed facility, public or private, which for gain or
otherwise, regularly provides one or more persons with care, protection, supervision,
habilitation, rehabilitation or developmental guidance on a regular basis, for periods of
less than twenty-four (24) hours per day, in a place other than the person's own home,
including but not limited to day care centers, day nurseries, daytime activity centers, day
treatment programs, and day services. (Revised 7114110)
Subd. 48 Day care, family. Day care for no more than ten children at one time of which
no more than six are under school age. The licensed capacity must include all children of
any caregiver when the children are present in the residence. (Added 7/14/10)
Subd. 49 Day care, group family. Day care for no more than 14 children at any one
time. The total number of children includes all children of any caregiver when the
children are present in the residence. (Added 7/14/10)
Subd. 50 Density. The number of dwelling units permitted by this Code on one (1)
acre.
Subd. 51 Density net. The number of dwelling units permitted by the Code on one (1)
net acre of land.
DRAFT: 1/5/2011
Page 6 of 51
Ordinance 2010-010
Subd.52 Density transfer. The relocation of housing units or square footage of
building area computed on part of a building site to another part of the site resulting in an
increase in density to the transfer area for the purpose of preserving open space, forested
areas, environmental or terrain features deemed worthy of preservation by the Planning
Commission.
Subd. 53 Density zoning. Density zoning shall be interpreted as the provision of lot
areas smaller than the minimum requirement of this Code under conditions whereby the
total number of dwelling units is not greater than the amount permitted under normal
conditions.
Subd. 54 Dog kennel, Commercial. A structure specifically designed and commercially
used for the harboring of three (3) or more dogs that are more than three (3) months old.
Subd. 55 Dog kennel, Residential. A structure specifically designed and residentially
used for harboring of up to three (3) dogs that are more than three (3) months old.
Subd. 56 Dog run. A structure specifically designed for domestic use for the harboring
and exercise of not more than two (2) dogs.
Subd. 57 Drive-in business. Any business establishment offering to customers a service
which is primarily or exclusively laid out, designed, equipped or operated so as to allow
its customers to purchase and receive such service without having to enter the building
and usually while remaining in their automobiles. By way of illustration, but without
limitation, drive-in businesses include: drive-in banks, drive-in laundry or dry cleaning
establishments, but do not include businesses where prepared commodities, such as
prepared food, beverages or dairy products are sold.
Grocery stores, confectionery stores, drugstores, or restaurants which offer "take home"
food services as an incidental part of their business shall not be considered drive-in
businesses.
It is recognized that automobile service stations are drive-in businesses within the
meaning of the foregoing general definition, but they are excluded from this definition as
used herein since they are treated and defined separately in this Code.
Subd. 58 Drive -up Window. A window or other opening at a business establishment
that allows customers to purchase and/or receive a service or product without having to
enter the building. (Added 12103108)
Subd. 59 Dwelling. A building or portion thereof, designed or used exclusively for
residential occupancy, including single-family, two-family and multiple family uses, but
not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal
cabins, or motor homes or travel trailers.
DRAFT: 1/5/2011
Page 7 of 51
Ordinance 2010-010
Subd. 60 Dwelling, live -work unit. A dwelling unit in combination with a shop, office,
studio, or other work space within the same unit, where the resident occupant both Iives
and works. A live -work unit is not synonymous with a home occupation because it is
designed as a mixed -use facility, whereas the home occupation is secondary and
accessory to the residential use. (Added 7/l4/IO)
Subd.61 Dwelling, multiple. A dwelling containing three (3) or more attached
dwelling units.
Subd. 62 Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.
Subd. 63 Dwelling, two-family. A dwelling that consists of two (2) dwelling units.
Subd.64 Dwelling unit. A residential building or portion thereof intended for
occupancy by one (1) family with facilities for living, sleeping, cooking and eating but
not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming
houses, motor homes or travel trailers.
Subd. 65 Dwelling unit, attached. A dwelling unit which is joined to one (1) or more
other dwelling units.
Subd. 66 Dwelling unit, detached. A dwelling which is not joined to any other dwelling
unit, and is located on a separate lot with the structure surrounded by open space and
having a separate point of entry.
Subd. 67 Earth -sheltered home. A dwelling constructed so that fifty (50) percent, or
more, of the exterior surface of the completed building, excluding garages or other
accessory buildings, is covered with or bears against earth.
Subd. 68 Easement. A right or privilege in favor of a person or a government authority
to use a parcel of land or portion thereof for specific purpose.
Subd. 69 Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so the flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
Subd. 70 Exterior storage. The storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
Subd. 71 Family. An individual or two (2) or more persons, each related to the other by
blood, marriage, adoption or foster care, or a group of not more than four (4) persons,
some or all of whom are not related by blood, marriage or adoption, living together and
maintaining a common household. (These regulations shall not be applied so as to
prevent the City from making reasonable accommodation as required by the Federal Fair
Housing Amendments Act of 1988).
DRAFT: 1 /512011
Page 8 of 51
Ordinance 2010-010
Subd. 72 Financial institution. An establishment that provides financial and banking
services to consumers or clients. Typical uses include banks, savings and loan
associations, credit unions, investment companies, and automated teller machines
(ATMs). Financial institution shall not include a consumer small loan operation. (Added
7114110)
Subd. 73 Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Subd. 74 Flood frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Subd. 75 Flood fringe. That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study
for the City.
Subd.76 Flood plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or may be covered by the regional flood.
Subd.77 Flood -proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Subd. 78 Floodway. 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 the
regional flood discharge.
Subd. 79 Floor area. The sum of the gross horizontal area of all floors of a building as
measured in square feet from the exterior sides of the exterior walls, or from the
centerline of party walls separating attached buildings, but not including covered porches
that meet the requirements in Section 1325.03 Subd 2.1); decks; any space where the
average floor -to -ceiling height is less than six feet; attached or detached garages; and
other detached accessory structures.
Subd.80 Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a
building's floor area by the amount of lot area.
Subd. 81 Frontage. The uninterrupted front boundary line of a lot, or the length of such
line, which abuts on a street.
Subd. 82 Garage, private. An accessory building or portion of the principle building
which is intended and used for the storage of the private passenger vehicles of the family
or families who reside upon the lot upon which the garage is located.
Subd. 83 Garage, repair. A building or space for the repair or maintenance of motor
vehicles, including body work, painting and vehicle wash, and incidental display and
DRAFT: 1/5/2011
Page 9 of 51
Ordinance 2010-010
sales of automotive products but not including factory assembly of such vehicles, auto
wrecking, or junkyards.
Subd. 84 Garage, truck. A building that is used or intended to be used for the storage of
motor trucks, truck trailers, tractors and commercial vehicles exceeding one -ton rated
capacity.
Subd. 85 Grading and Excavating. The act of excavation or filling or combination
thereof to alter the contour of land for development purposes. (Added 7114110)
Subd. 86 Home occupation. The accessory or conditional accessory use of a residential
structure for any gainful occupation or profession.
Subd. 87 Hospital. An institution licensed by the state department of health, providing
primary health services and medical or surgical care, to sick or injured persons, primarily
inpatients. May include related facilities such as laboratories, outpatient facilities, or
training facilities. (Added w4/i0)
Subd. 88 Hotel/motel. Any building, or group of buildings, having five (5) or more
guest rooms intended or designed to be rented or hired out to be occupied, or which are
occupied for sleeping purposes by transient guests. (Revised 7114110)
Subd. 89 House of worship. A place of worship or religious assembly and its accessory
facilities used by the congregation such as the following: rectory, meeting hall, offices for
administration of the institution, licensed child or adult daycare, playground, or cemetery.
A house of worship does not include buildings or uses used exclusively for residential,
schools, recreational, commercial, or other uses not normally associated with worship.
(Revised 7114110)
Subd. 90 Household. The person or persons occupying a single dwelling unit. A
household may consist of a single family, one (1) person living alone, two (2) or more
families living together or any group of related or un-related persons who share living
arrangements.
Subd.91 Industry. Uses such as the manufacturing, compounding, processing,
packaging, treatment, assembling or warehousing of products and materials.
Subd. 92 Institutional housing. Student or faculty housing for four (4) or more persons
on rental basis, rest home, hospital, sanatorium, nursing home, convalescent home,
orphan home.
Subd. 93 Junkyard. An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but
not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A
junkyard includes a vehicle wrecking yard but does not include uses established entirely
within enclosed buildings.
DRAFT: 1/5/2011
Page 10 of 51
Ordinance 2010-010
Subd. 94 Land reclamation. The deposition of more than four hundred (400) cubic
yards of sand, gravel, or other earth materials per single parcel or per acre, whichever is
greater, on a site in such a manner as to elevate the grade.
Subd. 95 Landscape lot area. That portion of a lot required to remain as open space,
free of buildings, parking and drives.
Landscape lot areas may consist of -
A. Naturally vegetated areas,
B. Wetlands or ponding areas,
C. Planting beds, ground cover and mulch areas (vegetative, rock, bark chip,
etc.),
D. Decorative walkways and areas not to exceed fifteen percent (15%) of the
required landscape lot area, and
E. Outdoor recreation areas.
Subd. 96 Landscaping. Plantings such as trees, grass, shrubs.
Subd. 97 Loading area. Any area where trucks are maneuvered and parked, for the
purposes of loading or unloading products, materials or equipment.
Subd. 98 Lot. A parcel of land described by metes and bounds measurement, reference
to a registered Iand survey, plat, record of survey map, or other means, and separated
from other parcels or portions by said description, and which is occupied by, or is
suitable under this Code and other applicable ordinances for occupancy by one (1)
principal building, or used together with any accessory buildings or uses and such open
spaces as are required by this Code.
Subd. 99 Lot area. The total site area within the lot lines.
Subd. 100 Lot area, net buildable. The space remaining on a lot after the minimum
landscape area, open space and setback requirements of this Code have been met.
Subd. 101 Lot area per family. The lot area per family is the lot area required by this
Code to be provided for each family in a dwelling.
Subd. 102 Lot, buildable portion of. (Building Envelope) The area of a lot on which a
principal structure may be placed. The portion of a lot remaining after the minimum
building setbacks have been met. (Lot area, net buildable, is more limiting as other
deductions are included).
DRAFT: 1/5/2011
Page 11 of 51
Ordinance 2010-010
Subd, 103 Lot, corner. A lot situated at and abutting on the intersection of two (2) or
more streets having an angle of intersection of not more than one hundred thirty-five
(135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the
tangents to the curve at its point of beginning within the lot or at the points of intersection
of the side lot lines with the street line intersect at the interior angle of less than one
hundred thirty-five (135) degrees. A corner lot shall maintain front yard requirements for
each street frontage.
Subd. 104 Lot coverage. The total allowable amount of lot area, expressed as a
percentage, which may be covered by a principal use and its accessory structures.
Subd. 105 Lot depth. The mean horizontal distance between the mean front road and the
mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage
is its width.
Subd. 106 Lot line. A property boundary line of any lot held in single or separate
ownership or separately described; except that where any portion of the lot extends into
the abutting street or alley, the lot line shall be deemed to be the street or alley line.
Subd.107 Lot line, front. The boundary of a lot abutting a street. On a corner lot, the
shortest street lot line shall be the front lot line.
Subd.108 Lot line, rear. The lot line most nearly parallel to and most remote from the
front lot line.
Subd.109 Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the
longest street lot line shall be a side lot line.
Subd.110 Lot, interior. A lot other than a corner or reversed corner lot.
Subd.111 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of
another lot whether across an alley or not.
Subd.112 Lot of record. A lot existing as of April I01h, 1993, date of this Code or
approved by the city as a lot subsequent to such date, and includes non -conforming lots.
Subd. 113 Lot, shoreline. A lot having one (1) or more lot Iines fronting on public
waters.
Subd. 114 Lot, through. A lot that has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot. On a through lot, the
determination of whether the street frontage is to be considered a front yard or rear yard
shall be as subject to the provisions of this Code.
Subd. 115 Lot width. The mean horizontal distance between the side lot lines at the
minimum front setback line.
DRAFT: 1 /5/2D11
Page 12 of 51
Ordinance 2010-010
Subd. 116 Lowest floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage in an area other than a basement area, is not
considered a building's lowest floor. (Added 05/05/10)
Subd.117 Manufactured home. A structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein; except that
the term includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification and complies with the standards
established under this Code and Minnesota State Statutes as amended from time to time.
The term "manufactured home" does not include the term "recreational vehicle." (Revised
05105110)
Subd. 118 Manufacturing and processing. All uses which include the compounding,
processing, packaging, treatment, or assembly of products and materials. Generally,
these are industries dependent upon raw materials refined elsewhere. These uses include,
but are not limited to: fabrication of wood, metal, and plastic products; assembly of
electronic components, equipment, and appliances; processing of chemicals, plastics,
food products, and nonalcoholic beverages; manufacturing of clothing and textile
products; distribution centers, lumber yards, printing and binding shops, machine shops,
sheet metal shops, sign shops, contractor's shops and storage yards.
A. Class I: Above uses without exterior storage.
B. Class II: Above uses with permitted exterior storage.
Subd.119 Metes and bounds. A method of property description utilizing directions and
distances commencing from and terminating at an easily identifiable point.
Subd.120 Mineral extraction. The use of land for surface or subsurface removal of sand,
gravel, rock, industrial minerals, and other nonmetallic minerals not regulated under
Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not
include grading and excavating as defined in this Chapter. (Added w4/10)
Subd. 121 Mining. The extraction of more than four hundred (400) cubic yards of sand,
gravel, or other earth material from a single parcel or per acre of land, whichever is
greater, in such a manner as to reduce the grade.
Subd.122 Mobile home. A manufactured home designed, constructed, and equipped for
use as a single-family dwelling, which has a width of less than twenty (20) feet over more
than twenty-five (25) percent of its length; or which is not placed on a permanent
foundation complying with the requirements of the state building code or which is not
continuous and solid for the entire perimeter of the structure.
DRAFT: 1/5/2011
Page 13 of 51
Ordinance 2010-010
Subd. 123 Mobile home park. Any premises on which are parked two (2) or more
occupied mobile homes, excluding premises on which mobile homes are sold for removal
to another site.
Subd. 124 Mortuary, funeral home. An establishment engaged in undertaking services
such as preparing the dead for burial and arranging and managing funerals, but not
including a crematorium. (Added 71mlio)
Subd. 125 Motorized vehicle leasing and rentals. A business that leases or rents
motorized vehicles to the general public. Includes minor services and washing as an
accessory use. Not more than eight (8) rental or lease vehicles on site at one time.
Subd. 126 Motorized vehicle service. A business that provides repair or maintenance
services for motorized vehicles including engine repair, replacement or parts and engine
service, but does not include body work, painting, factory assembly of vehicles or vehicle
wrecking yards.
Subd. 127 Multiple occupancy building. A building containing two or more
independent businesses with or without separate exterior entrances and for which
signage, parking and site requirements are unified in a consistent visual and functional
manner.
Subd.128 Native vegetation. "Native Vegetation" - Plant species indigenous to
Minnesota, or that expand their range into Minnesota without being intentionally or
unintentionally introduced by human activity, and are classified as native in the
Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation
does not include Weeds. (Revised 02122110)
Subd. 129 Nonconforming building. A building lawfully existing as of the effective date
of the adoption of this Code, or amendment hereto, which under the provisions of this
Code could not be built because of restrictions on height, setbacks, yards, lot coverage,
floor area ratio, or other characteristics of the building or its location on the lot where it
exists.
Subd. 130 Nonconforming use. A building, structure or use of a building, structure or
parcel of land, or a portion thereof, lawfully existing as of the effective date of the
adoption of this Code or amendment hereto, as a matter of right or by permit, which is
not permitted in the zoning district in which it is located.
Subd. 131 Nursery. Any land used to raise trees, shrubs, flowers, and other live plants
for sale and commerce.
Subd. 132 Nursing Home and Assisted Living Facility. A facility that provides daily
assistance and long-term residence for disabled or elderly individuals. This includes a
combination of housing, supportive services, personalized assistance and health care
DRAFT: 1/5/2011
Page 14 of 51
Ordinance 2010-010
designed to respond to the individual needs of those who need help with activities of
daily living, such as dressing, grooming, bathing, etc. (Added 7114110)
Subd. 133 Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the direction
of the flow of water, either in itself or by catching or collecting debris carried by such
water.
Subd.134 Office(s). A room, suite of rooms, or a building containing rooms or suites of
rooms in which persons conduct commercial activities, provide professional services, or
carry on occupations and where goods are not stored, produced, sold at retail or repaired,
including but not limited to the following: executive and administrative offices, business
offices such as insurance, real estate, sales and similar offices, professional offices such
as offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and
similar offices, but excluding medical clinics. (Revised 7114110)
Subd.135 Office showroom/warehouse, An office facility in which more than 50 percent
of the total floor area is utilized for the display and sale of goods or merchandise on the
premises, and/or for the storage and distribution of goods or merchandise from the
premises. (Added 7114110)
Subd. 136 Off-street parking areas. Structures or areas of ground used for the storage or
parking of motor vehicles.
Subd. 137 Open sales lot. Any land used or occupied for the purpose of buying and
selling any goods, materials, or merchandise, and for the storing of same under the open
sky prior to sale.
Subd. 138 Open space. (See landscape lot area.)
Subd. 139 Ordinary high water level. The boundary of public waters and wetlands, and
shall be an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape and as determined by the
Minnesota Department of Natural Resources. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial. (Revised 02122110)
Subd. 140 Parking space. A land area of such shape and dimensions and so prepared as
to be usable for the parking of a motor vehicle, and so located as to be readily accessible
to a public street or alley. Truck loading and unloading space shall not be included in
such area.
DRAFT: 1/5/2011
Page 15 of 51
Ordinance 2010-010
Subd.141 Pathway, pedestrian way. A public or private way, running across or located
within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian
traffic.
Subd. 142 Pawn shop. The location at which or premises in which a pawnbroker
regularly conducts business. (Added 71ulio)
Subd. 143 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a
person engaged in whole or in part in the business of lending money on the security of
pledged goods left in pawn, or in the business of purchasing tangible personal property to
be left in pawn on the condition that it may be redeemed or repurchased by the seller for a
fixed price within a fixed period of time.
(b) The following are exempt from the definition of "pawnbroker": any bank regulated by
the state of Minnesota, the comptroller of the currency of the United States, the Federal
Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or
any other federal or state authority and their affiliates; any bank or savings association
whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance
Corporation or any successor to it and all affiliates of those banks and savings
associations; any state or federally chartered credit union; and any industrial loan and
thrift company or regulated lender subject to licensing and regulation by the Department
of Commerce. (Revised vulzO)
Subd. 144 Person. Any individuals, firm, partnership, corporation, company,
association, joint stock association or body politic; includes any trustee, receiver,
assignee or other similar representative thereof.
Subd. 145 Personal services. Services customarily rendered for compensation. Such
services shall only involve minor storage and related sales of products and supplies
related to the service offered and for customers ordinarily utilizing the service offered.
Typical personal services include but are not limited to: apparel tailoring and cleaning;
hair styling, trimming and cutting; beauty services; photographic services; and other
services of a similar nature.
Subd. 146 Planned unit development (P.U.D.). The development of a tract of land in a
unified manner, pursuant to a development plan specifically approved by the city.
Subd. 147 Planning commission. The planning agency of Arden Hills as prescribed in
Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters
related to the Comprehensive Plan and all official controls that implement the
Comprehensive Plan, and all other matters referred to it by the City Council,
Subd. 148 Protected waters. Any waters of the State as defined by State law. However,
no lake, pond or flowage of less than ten (10) acres in size and no river or stream having
a total drainage area Iess than two (2) square miles shall be regulated for the purposes of
these regulations.
DRAFT: 1 /512011
Page 16 of 51
Ordinance 2010-010
Subd. 149 Public use. The use of any lot, parcel of land and any structure or building
thereon exclusively for public purposes by any department or branch of government,
federal, state, county or city, excluding independent school districts, without reference to
the ownership of said lot, parcel of land, building or structure.
Subd. 150 Public waters. Means a body of water capable of substantial beneficial public
use. This shall be construed to mean, for the purposes of these regulations, any body of
water, which has the potential to support any type of recreational pursuit or water supply
purpose. A body of water created by a private user where there was no previous
shoreland, as defined herein, for a designated private use authorized by the commissioner
of natural resources, shall be exempt.
Subd. 151 Railroad right-of-way. A strip of land with tracks and auxiliary facilities for
track operation, but not including depots, loading platforms, station, train sheds,
warehouses, car shops, car yards, locomotive shops or water towers.
Subd.152 Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or mart -made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Subd. 153 Recreation, commercial. Recreational facilities which are operated for profit
or render a service which is customarily considered as a business.
Subd.154 Recreation, residential. Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar
equipment or structures, when used on residential property, but not including electronic
towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet
of floor area, or sheds utilized for storage of equipment.
Subd. 155 Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that
can be driven, towed, or hauled. Including, but not limited to, motor homes and travel
trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other
similar vehicles. (Revised 02107108)
Subd. 156 Recreational vehicles (for the purposes of Section 1335 only). A vehicle that
is built on a single chassis, is 400 square feet or less when measured at the largest
horizontal projection, is designed to be self-propelled or permanently towable by a light
duty track, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the
purposes of Section 1335, the term recreational vehicle shall be synonymous with the
term travel trailer/travel vehicle. (Added 05105110)
Subd. 157 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Height. The distance as measured from the ground to the highest point of the recreational
vehicle, utility trailer, or watercraft, including any covering, as stored. This does not
DRAFT: 1/5/2011
Page 17 of 51
Ordinance 2010-010
including antennas and utility/mechanical systems provided they are accessory and take
up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer
shall be measured as one. (Revised 02107108)
Subd. 158 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Length. The distance as measured from end to end of the recreational vehicle, utility
trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and
watercraft on a trailer shall be measured as one. (Revised 02107108)
Subd. 159 Regional flood. A flood whicn is representative or large nooas Known to nave
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-year recurrence interval.
Regional flood is synonymous with the term "base flood", 1 percent annual chance flood,
or 100-year elevation.
Subd. 160 Regulatory flood protection elevation. The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood plain
that result from designation of a floodway. (Added 05105110)
Subd. 161 Research. The use of any lot, parcel of land and any structure or building
located thereon for the purposes of studying or investigating facts not readily available,
such as, for example, medical, chemical, electrical, metallurgical, or other scientific
research, but excluding the manufacture or processing of materials or goods for sale. Re-
search with animals is considered a separate category.
Subd.162 Research animals. Animals kept in a laboratory setting for the purpose of
testing and research related health care products.
Subd.163 Research and development facility. Establishments which conduct research,
development, or controlled production of high technology electronic, industrial, or
scientific products or commodities for sale; or establishments conducting educational or
medical research or testing. May include limited accommodations for researchers or
research subjects. Research with animals is considered a separate category. (Added
7114/10)
Subd. 164 Residence hall, dormitory. A building designed for or used as group living
quarters for students of a high school, college, university or seminary, organized and
owned, or leased in its entirety, by a high school, college, university or seminary. (Added
7114110)
DRAFT: 1/5/2011
Page 18 of 51
Ordinance 2010-010
Subd. 165 Residential facility. Any licensed facility, public or private, which for gain or
otherwise, regularly provides one or more persons with a twenty-four (24) hours per day
substitute for care, food, lodging, training, education, supervision, habilitation,
rehabilitation and treatment they need, but which for any reason cannot be furnished in
the persoWs own home, including but not limited to, state institutions under the control of
the commissioner of public welfare, foster homes, residential treatment centers, maternity
shelters, group homes, residential programs, or schools for handicapped children.
Subd.166 Restaurant. A business establishment whose principal business is the
preparation, service and sale of food and beverages to be consumed by customers while
seated at tables or counters located within the building on the premises.
Subd.167 Restaurant, fast food. Any restaurant which meets a number of the following
requirements:
A. Customarily provides quick service to its customers;
B. Offers to its customers a limited, standardized menu of inexpensive food
and/or beverages;
C. Serves its customers from a counter located within the building on the
premises and does not customarily offer service at the table by waiter or
waitress;
D. Allows customers to consume their orders of food and/or beverages at
tables or counters within the building, in their automobiles parked on the
premises, or away from the premises as the customers choose;
E. Packages and services a substantial proportion of its food and/or beverages
in disposable wrappers, containers, cartons, boxes and bags;
F. Provides a number of trash, litter, or garbage cans in the parking areas and
within the building on the premises for the deposit of the disposable
packaging in which the food and/or beverages are provided;
G. Prepares and cooks a substantial proportion of its food in volume, in
advance of orders by customers, and usually in anticipation of predicted
volumes of customers at certain times of the day;
H. Specifies the items of food and/or beverage offered to customers on signs,
placards, posters, valances, or boards posted in conspicuous places throughout
the building rather than on printed menus given to the customers;
I. Generates a high volume and rapid flow of in -and -out traffic because of its
quick service mode of operation.
DRAFT: 1 /512011
Page 19 of 51
Ordinance 2010-010
Subd. 168 Retail sales and services. Stores and shops selling, renting or leasing goods
for uses away from the point of sale or offers services available on the premises.
Includes the following: antiques, art and school supplies, auto accessories, bakeries,
bicycles (not motorized), books, stationery, candy, camera and photographic supplies,
carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking,
department stores, drugs, dry goods, electrical and household appliances, sales and repair,
florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts,
hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage,
locksmith shops, musical instruments, office supply equipment, optometrists, paint and
wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores,
wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and
rentals, exterior equipment rental and sales lots, repair garages, and open sales lots are
not included in this definition of retail sales.
Subd. 169 Roadway. The entirety of a private street and that portion of a public street
extending from the back of the curb (i.e., the curbline) on one side to the back of the curb
(i.e., the curbline) on the other side, used primarily for vehicular traffic.
Subd. 170 Schools, bus terminal. School bus terminal shall be a building or space
engaged primarily in the transportation and activities associated with the transportation of
students.
Subd. 171 Schools, general education. Nursery, primary, elementary and secondary
schools.
Subd.172 Schools, higher education. Junior colleges, colleges and universities approved
by the Minnesota Higher Education Coordinating Board for the Minnesota Department of
Education.
Subd.173 Schools, special education. Trade, vocational, business, barber, beauty, art,
music, dancing, driving and other professional schools, with or without on -site housing.
Subd. 174 Service station. A place where gasoline, kerosene, diesel or other motor fuel
or lubricating oil or grease for operating motor vehicles are offered for sale to the public
and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -
bay motor vehicle wash and the sale of automobile accessories on the premises. Also
includes minor repairs, incidental body and fender work, minor painting and upholster-
ing, replacement of parts and motor services to passenger automobiles and trucks not
exceeding one and one-half (1.5) tons capacity. It shall not include major general repair,
rebuilding or reconditioning of engines, motor vehicles or trailers; collision service,
including body, frame or fender straightening or repair; overall painting or paint job.
Subd. 175 Setback. The minimum horizontal distance between a structure and the
ordinary high water level or between a structure and a road, well, highway, or property
lines.
DRAFT: 115I2011
Page 20 of 51
Ordinance 2010-010
Subd. 176 Setback, minimum building. The minimum horizontal distance allowed by
this Code, between a structure and a lot line.
Subd.177 Shore impact zone. The land located between the ordinary high water level
and a line parallel to it at a setback of 50 percent of the structure setback.
(Revised 02122110)
Subd. 178 Shoreland. The land located within the following distances from protected
waters:
A. One thousand (1,000) feet from the ordinary high water mark of a lake,
pond, or flowage; and
B. Three hundred (300) feet from a river or stream, or the landward extent of
a flood plain on such rivers or streams, whichever is greater.
C. The practical limits of shorelands may be less than the statutory limits
where the limits are designated by natural drainage divides at lesser distances,
as shown on the official zoning map of the City.
Subd. 179 Sidewalk. A hard surfaced public or private way, used primarily for
pedestrian traffic.
Subd. 180 Sign. A name, identification, description, display, logo, illustration or device
which is affixed to, painted or represented directly or indirectly upon a building or other
surface or piece of land, and which directs attention to an object, product, place, activity,
person, institution, organization or business.
Subd.181 Significant tree. A tree that is important to the site and the neighborhood
character, that is structurally sound and healthy, and that meets at least one of the
following standards: (Revised 04128108)
A. A deciduous hardwood tree that is at least ten (10) caliper inches,
including but not limited to, ironwood, catalpa, oak, hard maple, walnut,
hickory, birch, black cherry, hackberry, locust and basswood.
B. A deciduous softwood tree that is at least twelve (12) caliper inches,
including but not limited to, cottonwood, poplars/aspen, box elder, willow,
silver maple and elm.
C. A coniferous evergreen tree having foliage on the outermost portion of the
branches year-round and which is at least fifteen (15) feet or more in height.
D. A group of deciduous trees that are at least eight (8) caliper inches or
coniferous trees that are at least fifteen (15) feet in height, that provide a
DRAFT: 11512011
Page 21 of 51
Ordinance 2010-010
buffer or screening along an adjacent public street or between differing land
uses.
Subd. 182 Soil processing. The processing of sand, gravel or other materials mined from
the land.
Subd.183 Staging Area. Any exterior area that is used to load, unload, stack, pile, store
or assemble materials, equipment or vehicles to be used either on site or off site.
Subd. 184 Story. That portion of a building included between the surface of any floor
and the surface of the floor next above it, or, if no such floor above, the space between
such floor and the ceiling next above it.
Subd.185 Story, half. A space under a sloping roof which has the line of intersection of
roof decking and wall face not more than three (3) feet above the top floor level, and in
which space not more than two-thirds (2/3) of the floor area is finished for use. A half -
story containing independent apartment or living quarters shall be counted as a full story.
Subd. 186 Streets. A public or private way, consisting in the case of a private way of a
roadway and in the case of a public way of a roadway and a boulevard (the latter of
which may contain a sidewalk), used primarily for vehicular traffic, whether designated
as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or
however otherwise designated. The term "streets" includes the following classifications:
A. Collector street. A street which carries traffic from local streets to streets
and highways of higher classifications. It provides for both land access
service and local traffic movements within residential neighborhoods,
commercial areas and industrial areas.
B. Cul-de-sac. A street with a circular turn -a -round and only one outlet.
C. Local street. A street of limited continuity used primarily for access to the
abutting properties and the local needs of a neighborhood.
D. Minor arterial. A street system that interconnects with and augment the
urban major arterial system and provide service to trips of moderate length at
somewhat lower level of travel mobility than major arterials. This system
distributes travel to geographical areas smaller than those identified with the
higher system.
E. Major arterial. Usually a divided highway with four (4) or more lanes and
serves the major centers of activity of a metropolitan area, the highest traffic
volume corridors, and the longest trip desire. The major arterial carries a high
proportion of the total urban area travel on a minimum mileage. Almost all
fully and partially controlled access facilities are a part of this class.
DRAFT: 1 /512011
Page 22 of 51
Ordinance 2010-010
F. Expressway. A type of major arterial with a controlled access roadway
and expressway ramps to provide ingress or egress to other levels of streets.
The use of expressway ramps allows the uniform flow of traffic on a major
arterial highway without undue delays.
Subd. 187 Structural alterations. Any change in the supporting members of a building
such as bearing walls, columns, beams or girders, or any substantial changes in the roof
and exterior walls.
Subd. 188 Structure. Anything constructed, the use of which requires a permanent
location on the ground or attachment to something having a permanent location on the
ground, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, signs, recreational vehicles not meeting the exemption
criteria otherwise specified in the zoning code, and other similar items.
Subd.189 Structure, accessory. A detached, subordinate structure, the use of which is
incidental and related to that of the principal use of or principal structure on the lot on
which it is located.
Subd. 190 Structure, multiple -occupancy. (See Multiple occupancy building).
Subd.191 Structure, principal. The predominant structure upon a lot in which the
principal use of the lot is conducted.
Subd. 192 Structure, temporary or portable. A structure which is not intended for
permanent occupancy but which may be suitable in certain situations for specific periods
of occupancy pending either construction of permanent facilities or a change in
conditions that will eliminate the need for the temporary structure. Portable classrooms,
portable offices and air -supported structures are examples of temporary or portable
structures.
Subd. 193 Studios. A building or space within a building where professional artists,
musicians, photographers, dancers, designers, etc. practice their profession or teach;
display and sales of products used or produced in the profession is considered an
accessory use.
Subd. 194 Substantial damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. (Added 051051.10)
Subd. 195 Substantial improvement. (Added 05/os/lo) Within any consecutive 365-day
period, any reconstruction, rehabilitation (including normal maintenance and repair),
repair after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
DRAFT: 1/5/2011
Page 23 of 51
Ordinance 2010-010
"substantial damage," regardless of the actual repair work performed. The term does not,
however, include either:
A. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions.
B. Any alteration of an "historic structure," provided that the alteration will
not preclude the structure's continued designation as an "historic structure."
For the purpose of this Ordinance, "historic structure" shall be as defined in
44 Code of Federal Regulations, Part 59.1.
Subd.196 Tower. Any pole, spire or structure, or any combination thereof, to which an
antenna is attached, or which is designed for an antenna to be attached, and all supporting
lines, cables, wires and braces; including but not limited to a free-standing radio
(including ham radio and private radio transmitting) or television receiving antenna, a
windmill, and a wind -power generator.
Subd. 197 Townhouse. A single-family dwelling, which maintains private ingress and
egress, contains no independent dwellings above or below it, and is attached to other
similar dwellings by a common wall.
Subd. 198 Use. The purpose for which land or premises or a building thereon is
designated, arranged or intended, or for which it is or may be occupied or maintained.
Subd. 199 Use, accessory. A use which is incidental to the principal use of the lot on
which it is maintained or conducted.
Subd. 200 Use, principal. The primary or predominant use for which the lot and
structure, if any located thereon, is conducted or maintained.
Subd. 201 Use, principal multiple -operation. A business or industrial operation which
consists of two or more distinguishable uses, all of which are dependent upon each other,
but none of which is predominately or clearly the principal use and all of which are
generally compatible with the permitted allowable uses in the district.
Subd. 202 Use, conditional accessory. A use which is both an accessory use and a
conditional use and which, after due consideration by the Commission and Council,
pursuant to the applicable procedures contained herein, may be allowed as an accessory
use by Conditional Use Permit granted by the Council.
Subd. 203 Use, conditional principal. A principle use which, because of unique
characteristics, cannot be classified as a permitted principle use in any particular district,
and which, after due consideration by the commission and council, pursuant to the
applicable procedures contained herein, may nevertheless be allowed on a site in a
DRAFT: 1/5/2011
Page 24 of 51
Ordinance 2010-010
particular zoning district by Conditional Use Permit be granted by the council. Includes
temporary uses which require conditional approval before being allowed.
Subd. 204 Utility distribution lines. The distribution facilities of electric power, gas,
water and communication companies which directly serve abutting properties.
Subd. 205 Utility substation. A structure used for the relay or distribution of electric,
water, sewer, telephone, etc., services.
Subd. 206 Utility transmission lines. The transmission facilities of electric power and
communication companies which do not directly serve abutting properties.
Subd. 207 Utility trailer. Equipment used for recreational or utilitarian purposes that can
be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling
trailers. (Revised 02107108)
Subd. 208 Utility vehicle. A vehicle, with or without a motor, and/or adapted for
temporary living, sleeping, business or storage purposes; having a frame, but no
foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not
reach or meet building code requirements and has been or may be equipped with wheels
or other devices for transporting purposes. This term shall include travel trailers,
camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden
tractors and trailers. A permanent foundation shall not change the character of the
vehicle.
Subd. 209 Variance. A modification or variation of a specific permitted development
standard required as a provision of this Code, to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a particular
property for the purpose of alleviating a hardship, practical difficulty or unique
circumstance, except that modification in the allowable uses within a district shall not be
allowed as a variance. (Revised 05105110)
Subd. 210 Vehicle wash. A building, or portion thereof, which principal use is the
washing of vehicles.
Subd. 211 Vehicle wrecking yard. Any open space where three (3) or more used
motorized vehicles are stored which do not possess current state auto licenses.
Subd. 212 Warehousing. The storage and distribution of materials or equipment within
an enclosed building, but not including personal storage facility. (Revised 71uljo)
Subd. 213 Watercraft. Motorized water -oriented vehicles including, but not limited to,
power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non -
motorized craft with greater than a two person capacity. This definition excludes non -
motorized one and two person crafts such as canoes, kayaks, and paddle boats. (Revised
02107108)
DRAFT: 1 /512011
Page 25 of 51
Ordinance 2010-010
Subd. 214 Waterfront uses. Boat docks and storage, water recreation equipment and
other uses normally associated with to Lakeshore property.
Subd. 215 Wetlands. Transitional low-lying areas between terrestrial and aquatic
systems, either created or natural, covered with shallow and sometimes temporary or
intermittent waters as defined in the United States Fish and Wildlife Service Circulator
No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet
meadows, and shallow lakes and ponds with emergent vegetation. (Revised 02122110)
Subd. 216 Wetland alteration. Alteration of a wetland includes changes to the wetland
and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling;
damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of
water; appropriation of water; changes in vegetation; or otherwise altering or destroying a
wetland or wetland buffer or their functions. Alterations would not include Native
Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious
weeds, unless within a Drainage and Utility Easement in which case submission of and
written approval by the City is required. (Added 02122110)
Subd. 217 Wetland buffer strip. An area of vegetated ground cover around the perimeter
of a wetland that, either in its natural condition or through intervention, has the
characteristics of buffering the wetland from surrounding landscaping. (Added o212211o)
Subd. 218 Wetland delineation. An assessment tool utilized to determine the boundary
of a wetland using the US Army Corps of Engineers Wetland Delineation Manual
(January 1987) as well as any additional boundary determination requirements
established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a
document that summarizes the observations, results and conclusions performed during
the assessment when wetlands are present. (Added 02122110)
Subd. 219 Yard, front. A yard extending along the full length of the front lot line
between the side lot lines.
Subd. 220 Yard, minimum required. The minimum open space extending between a
minimum building setback line and the adjoining lot line in which a principle building
may not be placed and in which accessory buildings may only be placed as regulated in
this Code.
Subd. 221 Yard, rear. A yard extending across the full width of the lot and measured
between the rear line of the lot and the rear line of the main building.
Subd. 222 Yard, side. A yard between the building and the adjacent sideline of the lot
and extending from the front yard to the rear yard.
Subd. 223 Yard Area, required rear. The minimum required rear yard depth multiplied
by the average width of the total rear yard.
DRAFT: 1/5/2011
Page 26 of 51
Ordinance 2010-010
Subd. 224 Zoning map. The map or maps incorporated into this Code as a part hereof,
delineating the zoning districts.
DRAFT: 1 /5/2011
Page 27 of 51
Ordinance 2010-010
1315.01 Zoning Map
-AVEN ILLLS
Zoning Map
lM M-B - Mixed Business
M-R -Mixed Residential
R-t - Single Family Residential
R-2 - Single & Two Family Residential District
R-3 - Townhouse a Low Density Dwelling tY Multiple p $ Distri-
RA - Multiple Dwelling District
B-1 - Limited Business District
B-2 - General Business District
B-3 - Service Business District
- B-1- Retail Center District
- N-B-Neigborhood Business
C-C - Civic Center District
`y G-B - Gateway Business
1-1 - Limited Industrial District
t-2 - General Industrial District
1-FLEX District
Railroad
Right -of -Way
Water
The zoning district designations represented on this map
correspond 10 the City of Arden HHs official Zoning Map.
Questions concerning the Zoning Map should be directed
to City Hall. Zoning designations are subject to change.
Please refer 10 the Zoning Cade for complete information
Adopted: April 12, 1993
Printed: June 2. 2010
t
Mile
DRAFT: 1/5/2011
Page 28 of 51
Ordinance 2010-010
1320.04 Purpose of Districts.
Subd. 16 MR Mixed Residential District
A. To reuse approximately 220 acres of the former Twin Cities Army
Ammunition Plant (TCAAP) property in a way that accommodates a mix
of land uses that is sensitive to the natural environment, economically
sustainable, and a benefit to the community.
B. To complete the environmental remediation of contaminated land to
support reuse of the area.
C. To create a development of regional significance that is a benefit to the
community and region.
D. To integrate a development on the former TCAAP property with the
developed part of Arden Hills.
A. To provide a variety of housing options for a wide range of ages and
incomes.
E. To create a unified development where people can live, work, and
play.
F. To create a pedestrian and bicycle friendly community.
G. To implement design standards to promote an attractive environment
with lasting and sustainable value.
H. To minimize the effects of traffic congestion, noise, odor, glare, and
similar safety problems.
Subd. 17 MB Mixed Business District
A. To reuse approximately 240 acres of the former Twin Cities Army
Ammunition Plant (TCAAP) property in a way that accommodates a mix
of land uses that is sensitive to the natural environment, economically
sustainable, and a benefit to the community.
B. To complete the environmental remediation of contaminated land to
support reuse of the area.
C. To create a development of regional significance that is a benefit to the
community and region.
DRAFT: 1/5/2011
Page 29 of 51
Ordinance 2010-010
D. To integrate a development on the former TCAAP property with the
developed part of Arden Hills.
E. To provide opportunities for a variety of businesses to diversify the
City's commercial base.
F. To create a unified development where people can live, work, and
play.
G. To create a pedestrian and bicycle friendly community.
H. To implement design standards to promote an attractive environment
with lasting and sustainable value.
I. To group compatible retail and service business uses that tend to draw
trade that is naturally interchangeable and promotes business prosperity.
J. To minimize the effects of traffic congestion, noise, odor, glare, and
similar safety problems.
DRAFT: 1/5/2011
Page 30 of 51
Ordinance 2010-010
1320.05 Land Use Chart.
Uses
<
s
. das, r�foy✓ r�
CA
CA
eia area `' oo,d
,=
p
^-
a
P
faint �xl o} �;
A
=_
--
s, :, r
A
=_
�,
CA
P
DRAFT: 1/5/2011
Page 31 of 51
Ordinance 2010-010
MORE
NRE
C
I C
hIC�eE TI�QtOf�_n- Id
renlalSi?k'.
_=
C
�le,mofon ery
art u s. ti
_=
C
P = Permitted Use
C = Conditional Use
A = Accessory Use
CA = Conditional Accessory
Use
D = Planned Unit Development (PUD)
"==" = not Permitted
1320.06 District Requirements Chart.
MR
MB
1. Minimum Lot Area
--
(SF per Dwelling Unit)
Single Family
Subject to PUD
Two Family
Master Plan
=_
Multiple Family PUD
=_
2. Minimum Lot Area (SF)
Non -Residential Uses
=_
Mixed Use Project or
==
Subject to PUD Master
Multiple Occupancy Center
Plan
Single Use Project or
—_
Free standing Building
3. Minimum Lot Size (ft)
Width/Depth
Non-residential
Subject to PUD
Subject to PUD Master
Single Family
Master Plan
Plan
Two Family
4. Height, (ft.)
35 — Single family,
60
Two Family, and
Townhome
55 — Apartments,
condominiums, and
cooperatives
5. Floor Area Ratio F.A.R.
6. Lot Covered by Structure
7. Min. Landscape Lot Area
8. Minimum Building Setbacks (ft)
Front yard
Rear Yard (Principle)
Rear Yard (Accessory)
Side Yard Interior - Principal
Subject to PUD
Subject to PUD Master
(Min/total both yards on lot)
Master Plan
Plan
Side Yard Interior - Accessory
Side Yard Corner
Other Setbacks
Lakeshore - High Water Mark***
Abutting Residential
Zoning District
9. PUD & CUP
Maximum Density
10.4 units per acre
Total building square
not to exceed a total
footage shall not exceed
of 1,500 housing
2.2 million square feet.*
units.*
* Total housing units and building square footage will be determined based on the capacity of the adjacent roadways
and intersections as determined by the required traffic study and may be reduced.
DRAFT: 1 /5/2011
Page 32 of 51
Ordinance 2010-010
1320.135 Special Requirements of the Mixed Residential and Mixed Business Districts.
The Mixed Residential and Mixed Business Districts encompass 460 acres of the former Twin
Cities Army Ammunition Plant (TCAAP) property, hereinafter the 460 acres is referred to as the
TCAAP property. The TCAAP property represents a significant opportunity to expand the
City's mix of housing types, businesses, parks, and open spaces as well as an opportunity to
consider an innovative development of regional significance such as a major league sports
facility. The information and procedures in this section are intended to be a framework within
which a detailed development plan for these two districts will be created. The development plan
must be a cohesive master plan that is cost-effective, does not burden the existing community,
and advances the goals of Arden Hills and the 2030 Comprehensive Plan. The master plan shall
be prepared pursuant to the Planned Unit Development procedures outlined in this section. In
reviewing and approving a master plan, the City Council shall make the final determination on
the compatibility and consistency with purpose of the MB and MR Districts and all provisions in
this and related sections of the City Ordinances.
Subd. 1. General Procedure. In order to achieve the purpose of the Mixed
Residential and Mixed Business Districts, a reuse plan for the TCAAP property shall
be prepared through the Master Planned Unit Development (PUD) process. This
process promotes the reuse of land in a unified manner by treating the entire
development as a single entity while recognizing the unique nature of the property.
The procedure is summarized as follows:
A. Applicant shall meet with City Staff to clarify and determine PUD
requirements and discuss applicant's development concept.
B. Applicant shall submit PUD Concept Plan to the City.
C. Applicant shall submit a PUD Master Plan to the City.
D. Planning Commission shall conduct public hearing(s) on the PUD
Master Plan and make a recommendation to the City Council.
E. City Council may conduct additional hearings and take action on the
PUD Master Plan.
F. The PUD Master Plan, as approved, including all applicable
documents, is adopted as governing development plan for the MR and MB
Districts and may be incorporated into the City's Zoning Code or into a
Development Contract.
G. Applicant submits Final PUD Plan for elements that are to be
developed imminently. A Final PUD PIan shall be submitted for each
stage of development and construction.
H. Planning Commission conducts public hearing(s) for each Final PUD
Plan submission and recommends action to the City Council.
DRAFT: 1/5/2011
Page 33 of 51
Ordinance 2010-010
I. City Council may conduct additional hearings and take action on the
Final PUD Plan for each stage.
I. Applicant applies for all necessary permits to begin construction.
Subd. 2. Planned Unit Development (PUD) Concept Plan Review. The PUD
Concept Plan review process is a required step for the MR and MB District planning
process. The Concept Plan is a separate application from the PUD Master Plan
application. An application for a PUD Master Plan shall be considered incomplete
until the concept plan review is completed.
A. Purpose. A PUD Concept Plan Review is an informal discussion
process that allows the applicant to present preliminary ideas about a
contemplated development project for the MR and MB Districts, and, in
turn, the City may offer suggestions and concerns regarding the concept.
B. Application, Documentation, and Administrative Procedure. The
applicant shall complete and submit to the zoning administrator an
application on forms provided by the administrator, together with the
required fee and escrow.
C. City Procedure. The City will prepare a summary of the proposed
Concept Plan in terms of City plans and regulations and transmit this
information and the information submitted by the applicant to the Planning
Commission and City Council to assist their review of the proposal.
Applicants are encouraged to have informal consultations with City Staff
prior to the filing of an application for Concept Plan Review, provided no
statement or representation made by said staff shall be binding upon the
City of Arden Hills.
D. Procedure for City Review. The Planning Commission will offer
comments and suggestions regarding the Concept Plan to the applicant.
These comments and suggestions will be transmitted to the City Council.
The City Council will offer comments and suggestions regarding the
Concept Plan to the applicant. A public hearing is not required for this
stage, and the City will take no formal action at this stage. No suggestions
made by the Planning Commission or Council on the proposed Concept
Plan are binding on the City for subsequent stages.
Subd. 3. Public Engagement Plan. The former TCAAP property is a significant
part of Arden Hills and its reuse will have an impact on the community and region.
Input from the public is a vital part of the planning process. In conjunction with the
City, the applicant must prepare a public engagement and information plan for the
length of the planning and approval process.
DRAFT: 1 /512011
Page 34 of 51
Ordinance 2010-010
A. Public Meetings. The plan shall include three or more public meetings
where the components in Subdivisions 5 through 15 can be addressed
prior to the submission of a PUD Master Plan. The City may require the
developer to hold one or more community meetings to allow for
community input during the PUD Concept Plan Review.
B. Communications. The plan shall include a communications section
that describes how information will be shared with the public and a
schedule.
C. Public Engagement Plan Approval. The public engagement plan shall
be submitted at least 60 days prior to the first community meeting and
shall subject to City Council approval
D. Implementation and Master Plan Review. The public engagement plan
must be in progress and at least two community meetings completed
before the PUD Master Plan application is considered complete.
Subd. 4. Planned Unit Development (PUD) Master Plan. The PUD Master Plan for
the MR and MB Districts shall conform to the following process.
A. Procedure. The first step in the PUD review process is the submittal
and approval of a PUD Master Plan. Upon approval, the applicant
proceeds to the PUD Final Plan for each stage of development.
B. Application and Documentation. The applicant shall complete and
submit to the City a PUD Master Plan application on forms provided by
the zoning administrator, together with the required fee and escrow. The
applicant shall submit documentation addressing the PUD Master Plan
components in Subdivisions 5 through 15.
C. Land Use Application Complete. The PUD Concept Plan shall be
completed before the PUD Master Plan application is deemed complete.
The PUD Master Plan application shall be considered complete once all
required application and documentation required in Subdivisions 5
through 15 are submitted and deemed complete by the City.
D. Procedure for Council Action. The procedure for Council action in
Chapter 1355.04 Subd 6 shall apply.
E. Other Requirements Applicable to a PUD Master Plan Approval. In
making its decision as to whether to approve the applicant's PUD Master
Plan the City Council shall also be guided by the provisions of Section
1355.04 Subd 3.B. Council action on the PUD shall follow the provision
of Section 1355.05.
DRAFT: 1 /512011
Page 35 of 51
Ordinance 2010-010
F. Annual Report. Since the timeline for development is likely to last
several years, the City shall require an annual report that provides
information on the development timeline, environmental remediation,
financial status, infrastructure improvements, and other related topics.
Subd. 5. Land Use and Design Standards Component. All regulations in Section
1325 shall apply unless otherwise modified in this Section.
A. Permitted and Conditional Uses. The permitted and conditional uses
shall be in conformance with the Land Use Chart, Section 1320.05, for the
MB and MR Districts.
B. Prohibited Uses. The following land uses are not compatible with the
MR and MB Districts and are prohibited:
1. Open sales, rental or storage lots, including but not limited to cars,
buses, trucks, motorcycles, bicycles, recreational vehicles, trailers,
boats, mobile homes, machinery, lumber, building materials, and
similar items. Open air garden centers shall be exempt;
2. Mini -storage facilities;
3. Outdoor bulk storage buildings, including but not limited to,
forest, metal, concrete, agricultural and petroleum products, chemicals
and similar products;
4. Manufacturing or processing that generates hazardous waste
without a valid Hazardous Waste Generator's license from the Ramsey
County Public Health Department;
5. Crematoriums;
6. Adult Uses;
7. Racetrack;
8. Pawn Shop; and,
9. Consumer Small Loan Establishments.
C. Mixed Residential. The following design standards shall apply in the
Mixed Residential District:
1. The City seeks to provide a variety of housing options and types
to accommodate the current and future needs of Arden Hills. This
DRAFT: 1/5/2011
Page 36 of 51
Ordinance 2010-010
DRAFT: 1 /5/2011
may include market rate housing, affordable housing, and senior
housing. The housing shall be primarily owner -occupied housing.
2. The maximum number of dwelling units will be determined based
on the capacity of the adjacent roadways and intersections as
determined by the required traffic study and City review but shall not
exceed fifteen hundred (1,500) dwelling units.
3. Single-family dwellings (attached or detached), two-family
dwellings, or townhouses shall comprise at least 70 percent of the total
number of dwelling units on the TCAAP property. Multi -family
dwellings, including apartments, cooperatives, and condominiums,
shall not contain more than thirty (30%) percent of the dwelling units
on the TCAAP property. At least fifty (50%) percent of the multiple
family dwelling units shall be owner occupied or cooperative units
d. Apartments and condominiums shall not be concentrated near the
entrance to Highway 96 or be entirely concentrated within one area of
the TCAAP property. Apartments and condominiums shall be located
so that the entrance at County Road H is considered the primary
entrance and exit to the property. Connections between commercial
uses and apartments and condominiums shall be required to help create
synergy between these uses and to provide access to employment
opportunities for the residents.
5. Nursing home and assisted living uses shall not exceed fifteen
acres of the Mixed Residential zoning district.
6. Single-family dwellings (attached and detached), two-family
dwellings, and townhomes shall be limited to thirty-five (35) feet in
height.
7. Apartments, condominiums, and cooperatives shall be limited to
fifty-five (55) feet in height.
8. Apartments, cooperatives, condominiums, and other multi -family
housing shall be in substantial conformance with the design standards
in Section 1325.05 Surd. 8.
9. Housing design shall utilize a variety of building sizes, designs,
layouts, facades, and lot sizes. While housing design shall be
complementary, detached adjacent housing structures shall not use
substantially similar exterior facades, including paint colors, materials,
layouts, or designs.
Page 37 of 51
Ordinance 2010-010
D. Mixed Business. The following design standards shall apply in the
Mixed Business District:
1. The City is seeking to diversify its commercial tax base and
generate high quality jobs to create an economically sustainable
development and community. The City is seeking a corporate campus
to help diversify the City's commercial tax base and provide a mix of
employment opportunities. The City is seeking to establish a viable
grouping of retail uses to enhance long-term sustainability and create a
destination for residents and visitors.
2. Structures must be constructed from high quality, long-lasting
materials and be in substantial conformance with the design standards
in Section 1325.05 Subd. 8.
3. The total building square footage in the Mixed Business District
will be determined based on the capacity of the adjacent roadways and
intersections as determined by the required traffic study and City
review but shall not exceed 2.2 million square feet. Office Showroom
and Office Warehouse shall not exceed fifteen (15%) percent of the
total building square footage in the Mixed Business District.
4. Individual retail users shall be limited to no more than fifty
thousand (50,000) square feet but two individual retail users may have
a building footprint up to one hundred thousand (100,000) square feet.
5. Structures with warehousing shall contain an office or retail
component comprising at least ten percent (10%) of the
establishment's gross floor area.
6. Service stations shall not exceed a maximum lot size of one (1)
acre. If the service station occupies more than one lot, the combined
lot size shall not exceed one (1) acre.
7. Buildings in the MB District shall be limited to sixty (60) feet in
height. Additional building height may be permitted by conditional
use permit if:
a. The additional height provides an economic benefit as
determined by the City Council;
b. The additional height does not cast a shadow on a public park
and/or open space;
c. At least fifty (50%) percent of the parking is provided in
structured parking; and,
DRAFT: 115l2011
Page 38 of 51
Ordinaucc 2010-010
d. The building meets a minimum of three of the building design
standards listed in Section 13 20.13 5 Subd. I LA
E. Landscaping and Tree Preservation. A comprehensive landscaping
and tree preservation plan shall be completed. The plan shall include
planting designs and schedules for parks, public spaces, residential
development, commercial/ industrial development, and rights -of -way.
F. Amenities in the Right-of-way. The City may require such amenities
as street lighting, sidewalks, landscaping, and other features located in the
right-of-way, including medians and boulevards, to be privately managed
and maintained by a homeowner's association, business improvement
district, or other similar entity.
G. TCAAP Property Entrance and Exit Design Enhancements. Each
primary vehicular access point to the TCAAP property shall be designed
with a gateway feature, consisting of a combination of signage,
landscaping, lighting and public art, designed to create an attractive and
identifiable entrance and to enhance the property's overall image and
appearance. Such designs shall include the following elements:
1. Gateway signage comprised of such materials as brick, stone and
metal with landscaping around the sign. The signs shall include
exterior architectural -style lighting.
2. Enhanced landscaping near the entrance points that include trees,
shrubs and flowering plants. Landscape materials shall be grouped
around gateway signs to create a visual focal point oriented to the main
entrance.
3. Pedestrian -scale ornamental street lights.
4. Public art or architectural elements that evoke the natural
environment and history of the TCAAP site. Such elements may be
integrated into gateway signage and lighting.
5. Gateway designs must demonstrate compatibility with any public
improvements, amenities, or design elements established by the City.
Such elements include, but are not limited to, lighting, signage,
fencing, pavement materials, landscape materials and street furniture.
b. Properties adjacent to the access points shall be designed so that
parking lots, trucking bays, and mechanical equipment are properly
screened from the access point.
DRAFT: 1/5/2011
Page 39 of 51
Ordinance 201.0-01.0
H. Parking. The amount of parking spaces provided shall not exceed the
spaces as calculated by the requirements in Section 1325.06 Subd I.J. An
applicant may request a modification of the maximum allowed number of
parking spaces by submitting a study of anticipated parking demand.
Parking studies shall be prepared by a professional engineer with expertise
in traffic and parking analysis. Shared parking shall be required where
feasible. Parking structures are encouraged to reduce surface parking lots,
increase landscaping, and use the land more efficiently.
I. Bridges. Any bridges on the site or reconstructed to accommodate
development on the site shall provide bicycle and pedestrian pathways.
The bridges shall include design elements that are compatible with the
development. The design and construction of any bridge over Rice Creek
shall be coordinated with Ramsey County and respectful to the adjacent
open space.
J. Signs. Chapter 12, Sign Code, shall apply. When a parcel is
developed, the following Sign Districts shall apply:
1. District 1 shall apply to all single-family and two-family dwelling
parcels.
2. District 2 shall apply to all multiple dwelling parcels.
3. District 4 shall apply to all commercial, retail, and industrial
parcels.
Subd. 6. Transportation and Transit Component.
A. Traffic Study.
1. The City shall require a traffic analysis that is prepared by a
traffic engineer. Such analysis shall assess the impact of the
development proposal on adjoining and internal roadways and
intersections as well as on -site circulation.
2. If the traffic study indicates that a proposed project or use will
have significant impact on the existing service levels of roadways and
intersections, the City shall require a traffic management plan to
mitigate traffic impacts. Such plan may include travel demand
management strategies, use of transit facilities, or other appropriate
measures to reduce traffic congestion. Such plan may also necessitate
improvements to on- and off -site road systems and intersections. The
applicant shall be responsible for installation and expense of necessary
road system improvements and pedestrian facilities.
DRAFT: 1 /5/2011
Page 40 of 51
Ordinance 2010-010
3. The development capacity of the property shall be limited to the
reasonable capacity of the road systems as determined by the City.
The City may limit the amount and type of development so as not to
cause undue burden on the road system.
B. Transit. The applicant shall provide opportunities for transit
connections on the property. The City may waive this component in
areas if such connections are deemed infeasible.
C. Pathways.
1. A comprehensive pathway plan for pedestrian and bicycle
circulation shall be submitted with the proposal. The development
proposal shall seek to create a walkable environment that is pedestrian
and bicycle friendly.
2. This plan shall provide an integrated network of sidewalks and
trails throughout the property that connects the residential and
commercial areas; parks; adjacent developed areas, adjacent regional
trails. A trail and/or sidewalk connection shall be integrated through
the development from the southern to the northern border in addition
to the regional trail.
3. Sidewalks and trails shall be at least eight (8) feet in width and
provide adequate snow storage, subject to the approval of the Public
Works Director, in the form of a landscaped boulevard between the
sidewalk or trail and the road edge. Pathways intended for both
bicyclists and pedestrians shall be at least ten (10) feet in width.
D. Streets. Streets on the TCAAP property shall be in conformance with
local, county, and State requirements. A comprehensive street plan
shall be submitted with the proposal, including a hierarchy of street
types. The plan shall be integrated with the comprehensive pathway
plan and provide for multimodal access throughout the TCAAP area.
Roads designated as primary streets shall incorporate a "complete
streets" approach that provides for the movement of pedestrians,
bicyclists and transit vehicles as well as motorists.
Subd. 7. Park, Recreation, Pathways, and Open Space Component.
A. Park, Recreation, Pathway, and Open Space Needs. In order to meet
the needs of the development and population on TCAAP, the applicant
shall dedicate developable land to create an integrated, park, recreation,
pathway and open space system that is open to the general public. Private
landscaping; private pathways; and rights -of -way, including landscaped
medians and boulevards shall not count toward the park, recreation,
DRAFT: 1/5/2011
Page 41 of 51
Ordinance 2010-010
pathway, and open space requirement. The park dedication requirement
shall be based on the total acreage of former TCAAP property made
available for sale by the General Service Administration, on behalf of the
United States Army. The area made available for sale may exceed the
combined area of the Mixed Business and Mixed Residential Zoning
Districts. The park dedication requirement shall be as follows based on
the total sale area:
Park Dedication Requirement
Total Sale
Acres
Park Dedication
Requirement
up to 450
10%
450-469
14%
470-489
17%
490-509
21 %
510-529
24%
530-549
27%
550-584
30%
585+
34%
In lieu of the dedication of the land for recreational purposes, the City
Council may require the developer to pay to the City, as an equivalent
contribution, an amount in cash equal to the percentage of the land
required to be dedicated, multiplied by the fair market value of land
remediated to MPCA Tier II Residential SRV. The park dedication may
be divided between a land dedication and cash contribution at the
discretion of the City.
B. Park, Recreation, Pathway and Open Space Plan. A park, recreation,
and open space plan shall be prepared to serve the needs of the
development, including a capital improvement plan and maintenance
costs. The amenities within the plan shall be incorporated into the MR
and MB areas to meet the needs of the development.
1. The plan shall include at least one central community park of 20
acres with the following features:
a. A water feature designed to hold standing water, which may
also be used for stormwater management at the discretion of the
City.
b. At the ordinary water level of the water feature, it shall occupy
at least twenty-five (25%) percent of the total area of the park but
shall not exceed fifty (50%) percent of the total area of the park.
c. A continuous system of publicly accessible trails shall occupy
the perimeter of the park and water feature.
DRAFT: 1/5/2011
Page 42 of 51
Ordinance 2010-010
d. The park shall include a community gathering space such as a
plaza, courtyard, band shell, or other similar amenity.
e. At least twenty-five (25%) percent of the perimeter of the
water feature shall have a maintained shoreline that compliments
or is connected to the community gathering space. A maintained
shoreline may include manicured vegetation and/or an improved
surface. The remaining shoreline may include a natural vegetative
buffer and/or other natural materials.
2. The plan shall include at least four (4) additional parks of at least
two acres in size.
3. The parks shall be integrated into the development and connected
with trails and sidewalks.
4. Stormwater requirements, such as ponding and infiltration areas,
shall not count toward the park, recreation, pathway, and open space
needs, unless, at the sole discretion of the City, the area is incorporated
as a design feature of the park or open space and is available for public
use. The developer shall remain responsible for maintaining
stormwater facilities.
5. The parks shall provide amenities such as, but not limited to,
picnic shelters, play structures, benches, walking/bike paths, ball
fields, tennis courts, and basketball courts as approved by the City.
b. The plan shall dedicate land to complete a one hundred and fifty
(150) foot wide Ramsey County South Regional Trail corridor along
the eastern property line in any location where the trail corridor width
is less than one hundred and fifty (150) feet.
C. Dedication to the Public. The City reserves the right to require all or a
portion of the park, recreation, pathway, and open space system to be
dedicated to the public. The City may require all or a portion of the
system to be privately managed and maintained by a business
improvement district, homeowners association, or other similar
organization as approved by the City, provided that the system remains
open to the general public.
D. Environmental Remediation. Prior to the City accepting any dedicated
land for park and open space uses, the applicant shall complete the
environmental remediation to levels acceptable for recreational uses as
regulated by the Minnesota Pollution Control Agency (MPCA). The
applicant shall provide the City with a Certificate of Completion,
DRAFT: 1/5/2011
Page 43 of 51
Ordinance 2010-010
Development Completion letter, or similar document provided by the
MPCA if remediation is necessary.
Subd. 8. Utilities Component.
A. All utilities, including electric and cable utilities, shall be installed
underground.
B. Electrical substations shall be substantially screened from adjacent
properties.
Subd. 9. Alternative Urban Areawide Review Component. The applicant shall
complete an Alternative Urban Areawide Review (AUAR) prior to approval of the
PUD Master Plan. The AUAR shall be completed in accordance with requirements
set by the Minnesota Environmental Quality Board and other applicable agencies.
Recommendations provided by the final AUAR shall be incorporated into the PUD
Master Plan unless otherwise waived by the City.
Subd. 10. Environmental Review and Remediation Component.
A. A Response Action Plan shall be prepared that can accommodate the
proposed land uses. The plan shall meet all Minnesota Pollution Control
Agency (MPCA), United States Environmental Protection Agency (EPA),
and any other applicable agency's requirements. The plan shall include a
financial surety that is subject to City approval that ensures that the entire
property is remediated to the required standards within a specific timeline
as determined by the MPCA and the City. The PUD Master Plan shall not
be approved until approval of the environmental remediation plan by the
applicable regulatory agencies.
B. Environmental remediation of the TCAAP property in a timely manner
is a top priority to the community to ensure that the health, safety, and
welfare of current and future residents are protected. The PUD Master
Plan shall include a detailed timeline and action steps to complete the
Response Action Plan. A PUD Master Plan that selectively uses
uncontaminated areas and ignores contaminated property shall not be
approved. Failure to comply with the Response Action Plan and
associated remediation timeline may result in revocation of the PUD
Master Plan and subsequent PUD Final Plans as determined by the City
Council.
C. No activity or operation shall be established or maintained that by
reason of its nature or manner of operation will cause the emission of
noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety, or cause injury to property or business.
DRAFT: 1/5/2011
Page 44 of 51
Ordinance 2010-010
D. The PUD Master Plan shall comply with all Rice Creek Watershed
District (RCWD) requirements. Final PUD reviews shall not be exempt
from changes to RCWD regulations.
E. The United States Army operates a network of wells, underground
pipes, and a treatment plant to remediate the groundwater contamination.
This groundwater treatment must be able to continue along side any
redevelopment. Any proposed changes to the monitoring wells and/or
groundwater treatment infrastructure shall be subject to approval by the
EPA, MPCA, and the United States Army.
F. The applicant shall enroll in the MPCA's Voluntary Investigation and
Cleanup (VIC) program and the MPCA's Petroleum Brownfields Program
(PBR). A Response Action Plan (RAP) that is approved by the MPCA
shall be submitted prior to the City issuing any building permits or
approving any subdivisions. The applicant shall provide a Certificate of
Completion from the VIC program and Development Completion letter
from the PBR prior to the issuance of the Certificate of Occupancy by the
City for each stage of development or building as deemed appropriate by
the City and MPCA.
G. The developer shall comply with any federal and state land use
restriction for the site.
Subd. 11. Environmental Sustainability Component. The PUD Master Plan shall
incorporate green building and design principles where feasible, and shall meet the
following requirements:
DRAFT: 1/5/2011
A. Building design. Buildings that are greater than ten thousand (10,000)
square feet in gross floor are and are occupied by any business that is part
of a group of ten or more businesses dung business in Minnesota or
nationally shall incorporate at least two of the features in the following
section. All new buildings over fifteen thousand (15,000) square feet in
gross floor area shall incorporate at least two of the features in the
following section. All buildings with 15,000 or fewer square feet in gross
floor area, including residential units, are recommended to meet these
building requirements.
1. Daylighting of building interiors, using window placement,
skylights, solar tubes, and similar techniques; use of energy
efficient, Dark Sky -compliant outdoor lighting for all outdoor
building and site lighting.
Page 45 of 51
Ordinance 2010-010
2. Meeting a green building performance standard such as LEED,
B3, EnergyStar, passive design, or other standard at the City's
discretion.
3. Incorporation of renewable energy features, including solar, wind
energy or geothermal systems, into the building or site. This may
include using the Army's water treatment process to develop
geothermal energy generation capability and/or the use of land and
buildings for solar or wind energy generation.
4. Energy Efficiency: A minimum of a thirty-five (35%) percent
increase in overall building energy efficiency as compared to the
Minnesota Energy Code. Energy efficiency is to be defined by the
use of purchased (generated or refined at a separate site) or on -site -
generated fuels consumed per square foot of occupied space.
Calculations can take into account the use of the following:
a. On -site generated renewable energy, including photovoltaic,
wind, or hydro generation of electricity; passive solar systems using
solar heat or light; geothermal source; or other use of renewable
fuels displacing the use of non-renewable fuels in the building's
systems.
b. Efficiency of all building mechanical systems that burn, convert,
or transform the energy in natural gas, electricity, oil, coal, steam, or
purchased heat or cold in any form.
c. Calculations shall not include manufacturing or mechanical
processes for which the State of Minnesota has not set a minimum
standard.
B. Stormwater management. Low -impact development techniques shall
be employed within each phase of the PUD Master Plan, to include, but
not limited to:
1. Use of rain gardens and other methods for bioretention of
stormwater runoff.
2. Use of bioswales and similar features designed to trap pollutants
and silt in runoff.
3. Integration of green roofs and roof gardens on buildings where
feasible to control rainwater and other benefits.
4. Use of pervious pavement for parking areas, walkways, plazas
and other paved surfaces.
DRAFT: 1/5/2011
Page 46 of 51
Ordinance 201.0-010
5. Development of internal courtyards with plants and water
features.
6. Design of stormwater collection areas as park features and public
amenities.
C. Outdoor lighting. All street lighting and lighting of walkways and
public areas shall be Dark Sky -compliant and energy efficient (LED or
equivalent).
Subd. 12. Contractual Component. The City shall prepare the necessary
development agreement or contracts for the PUD Master Plan. The applicant shall
submit agreements or contracts affecting the owner or owners of individual units or of
the entire project proposed under the PUD Master Plan, such as homeowners'
agreements, business improvement areas, and covenants.
Subd. 13. Financial and Resources Component
A. The applicant must demonstrate that the tax base of the redevelopment
will support the long-term maintenance of the on -site infrastructure and
support City services including, but not limited to, police, fire, inspections,
and maintenance of roads and parks. The City shall require a detailed pro
forma that shall be updated with each PUD Final Plan to ensure that the
development is supporting the services and infrastructure required for the
development.
B. The applicant shall be responsible for all costs related to studies,
consultants, and City staff time needed to facilitate the review of the
application. The City reserves the right to select or reject any consultant.
C. All development and permitting fees in the City's fee schedule apply,
including the Metropolitan Council's and Arden Hills' sewer access
charge and water access charge.
Subd. 14. Construction Staging Component. A construction staging plan shall
include a map or maps setting forth the proposed chronological order of construction
relating each proposed use and structure to the construction of the various services
and facilities specified in the master plan, including but not limited to transportation
improvements and park and open space improvements. The staging plan shall
include estimated completion dates and shall specify the proposed order of request for
utility release or authority to occupy completed structures so as to provide a basis for
determining the adequacy of the related services and facilities for each separate
construction stage. The construction staging plan shall reference and coordinate with
the required Response Action Plan and timeline in Section 1320.135 Subd. 10A&B.
Failure to comply with the construction staging plan may result in revocation of the
DRAFT: 1/5/2011
Page 47 of 51
Ordinance 2010-010
PUD Master Plan and subsequent PUD Final Plans as determined by the City
Council.
Subd. 15. Subdivision Component.
A. Each subdivision shall contain a descriptive statement of the principles
governing the proposed subdivision of land, including lot design for
various proposed land uses. Each subdivision request shall include all of
the documentation necessary for preliminary plat approval as found in the
Subdivision Ordinance of the City of Arden Hills. This component shall
be in sufficient detail so that it can serve as the basis for determining the
conformity of any PUD Final Plan to the PUD Master Plan.
B. No subdivisions shall be approved until the PUD Master Plan is
approved.
C. No subdivision that isolates an area due to environmental remediation
needs or requirements shall be approved.
D. Each subdivision shall comply with the Response Action Plan. (RAP)
and remediation requirements in Section 1320.135 Subd, 10,
Environmental Review and Remediation Component. Each subdivision
shall require a financial surety to ensure that the environmental
remediation is completed in conformance with the approved (RAP) or
other environmental remediation requirements as determined by the City
and the Minnesota Pollution Control Agency (MPCA).
Subd. 16. Planned Unit Development (PUD) Final Plan.
A. Purpose. The purpose of the PUD Final Plan is to implement and
ensure conformity with the PUD Master Plan. Each stage of the PUD
Master Plan shall require a PUD Final Plan before development.
B. Procedures. The applicant for a PUD Final Plan approval of a specific
stage of the PUD Master Plan shall complete and submit to the zoning
administrator an application on forms provided by the administrator,
including all application fees and escrows. Other applications such as
preliminary plat, final plat, and conditional use permit may also be
required. The applicant shall provide the following:
1. A written statement describing the proposed development in the
PUD Final Plan application.
DRAFT: 1/5/2011
Page 48 of 51
Ordinance 2010-010
DRAFT: 1/5/2011
2. The proposed starting and completion dates for the construction
and any required environmental remediation.
3. The applicant shall submit documentation demonstrating that the
PUD Final Plan is in conformance with the PUD Master Plan and each
of the components in Section 1325.135 Subdivisions 5 through 15.
C. Land Use Application Complete. The PUD Final Plan application
shall be considered complete once all required application and
documentation required in Subdivisions 5 through 15 are submitted and
deemed complete by the City.
D. Development Agreement and Bonding.
1. A development agreement and corporate surety are required at the
time of PUD Final Plan approval by the City Council to assure that all
improvements to be constructed as part of the approved PUD Final
Plan and any required environmental remediation are completed in
accordance with the terms and conditions of such plan, or each stage
thereof as outlined in the construction staging component. The bond
shall guarantee in a penal sum equal to one hundred twenty-five (125)
percent of the cost of such improvements as estimated by the City.
The development agreement and bond shall be filed with the
administrator no later than sixty (60) days after PUD Final Plan
approval.
2. The development agreement may provide for several bonds
covering separate aspects of the PUD, the aggregate of which shall
total one hundred twenty-five (125) percent of all the improvements to
be constructed and completed by the applicant pursuant to the
approved PUD Final Plan. In this case, each bond required by the
development agreement shall be filed no later than sixty (60) days
after PUD Final Plan approval. It may also require guarantee bonds in
the penal sum of one hundred (100) percent of the cost of completed
improvements, as estimated by the City Engineer to guarantee such
improvements for whatever lengths of time are specified therein. The
release of any bond or any portion thereof shall either be governed by
the terms and provisions of the development agreement or shall be
based upon the recommendation of the City Engineer or City Planner
and approval by the City Council.
3. If the applicant fails to enter into a development agreement and to
file the corporate surety bond with the administrator by the expiration
of the sixty day period, the PUD Permit, Final Plat (if any) and
approved PUD Final Plan shall be deemed void, nullified and revoked
Page 49 of 51
Ordinance 2010-010
unless an extension is requested in writing by the applicant and for
good cause granted by the City Council.
E. Park and Open Space Dedication and Covenants.
1. To ensure that any park, open space, recreational areas, common
areas and the like that are proposed to be owned and maintained by a
homeowners' association, business improvement district, or other
similar association are properly maintained for their approved uses, the
City Council may require that the applicant execute and grant to the
City easements and covenants over such areas within sixty (60) days
after the City Council has made such requirements.
2. If the applicant fails to execute the open space easements and
covenants and to file the same with the administrator by the expiration
of the sixty (60) day period, the PUD Permit, Final Plat, if any and
Final Plan shall be deemed to be void, nullified and revoked unless an
extension has been required in writing by the applicant and for good
cause granted by the City Council.
DRAFT: 1/5/2011
Page 50 of 51
Ordinance 2010-010
Effective Date. This Ordinance shall become effective the day following its publication.
Adoption Date. Passed by the City Council of the City of Arden Hills the 28`" Day of June,
ATTES
Ci
PATRICK KLAERS
CITY ADMINISTRATOR
Publication Date: July 14, 2010
DRAFT: 1/5/2011
Page 51 of 51