Loading...
HomeMy WebLinkAbout2011-002 City of Arden Hills Chapter 13 Zoning Code STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2011-002 AN ORDINANCE AMENDING SECTIONS 1305.04 AND 1320 OF THE ZONING CODE The Arden Hills City Council hereby ordains that Chapter 13, Sections 1305.04 and 1320 of the City Code are hereby amended 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. Subd. 8 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. Page 1 of 84 City of Arden Hills Chapter 13 Zoning Code 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. Subd. 12 Antenna, dish. 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 (3 0) 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. Subd. 13 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. 14 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. 15 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 05105110) Subd. 16 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. 17 Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (Added 02122110) Subd. 18 Board. The board of appeals and adjustment established by this Code. Page 2 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 19 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 7114110) Subd. 20 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. 21 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. 22 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 02122110) Subd. 23 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. 24 Building envelope. (See Lot, Buildable portion of.) Subd. 25 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 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. 26 Building inspector. The inspector as provided for in the building code. Subd. 27 Building,principal. A building in which the principal use, of the lot on which it is located, is conducted. Subd. 28 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. Page 3 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 29 Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. Subd. 30 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. 31 Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, - printing, etc. Subd. 32 Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (Added 4128108) Subd. 33 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 7114110) Subd. 34 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 3118109) MINE : Building .... ........ � " ...... Clews on CEe'� on Subd. 35 Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip,row, or block. (Revised 02122110) Subd. 36 Clinic. A building for out-patient medical treatment of humans or small animals. Subd. 37 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. Page 4 of 84 .... .......... City of Arden Hills Chapter 13 Zoning Code Subd. 38 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. 39 Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. Subd. 40 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. 41 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. Subd. 42 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. 43 Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. Subd. 44 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 1213108) Subd. 45 Council. The City Council, as established by the Code of Ordinances. Subd. 46 Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (Added 7114110) Subd. 47 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 4128108) Subd. 48 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 Page 5 of 84 City of Arden Hills Chapter 13 Zoning Code but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (Revised 7114110) Subd. 49 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 7114110) Subd. 50 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 7114110) - Subd. 51 Density. The number of dwelling units permitted by this Code on one (1) acre. Subd. 52 Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. Subd. 53 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. 54 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. 55 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. 56 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. 57 Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. 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. 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 lives and works. A live-work unit is not synonymous with a home occupation because it is designed as Page 6 of 84 City of Arden Hills Chapter 13 Zoning Code a mixed-use facility, whereas the home occupation is secondary and accessory to the residential use. (Added 7114110) Subd. 61 Dwelling, multiple family. 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, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line to one (1) or more other dwelling units with a party wall and having a separate point of entry. Subd. 66 Dwelling unit, single family 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 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. 68 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. 69 Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Subd. 70 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). Subd. 71 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. 72 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. Page 7 of 84 . ............ . ....... . City of Arden Hills Chapter 13 Zoning Code Subd. 73 Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Subd. 74 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. 75 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. 76 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. 77 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. 78 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.D; 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. 79 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. 80 Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. Subd. 81 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. 82 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 sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. Subd. 83 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. 84 Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (Added 7114110) Subd. 85 Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. Page 8 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 86 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 7114110) Subd. 87 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. 88 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. 89 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. 90 Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials. Subd. 91 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. Subd. 92 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. Page 9 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 93 Landscaping. Plantings such as trees, grass, shrubs. Subd. 94 Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. Subd. 95 Lot. A parcel of land described by metes and bounds measurement, reference to a registered land 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. 96 Lot area. The total site area within the lot lines. Subd. 97 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. 98 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. 99 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). Subd. 100 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. 101 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. 102 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. 103 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. 104 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. 105 Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. Page 10 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 105 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. 107 Lot, interior. A Iot other than a corner or reversed corner lot. Subd. 108 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. Subd. 109 Lot of record. A lot existing as of April 10t`, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non-conforming lots. Subd. 110 Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters. Subd. 111 Lot, through. A lot that has a pair of opposite lot Iines 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. 112 Lot width. The mean horizontal distance between the side Iot lines at the minimum front setback line. Subd. 113 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 05/05110) Subd. 114 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. 115 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 11: Above uses with permitted exterior storage. Page.I I of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 116 Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. Subd. 117 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 7114110) Subd. 118 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 twcnty-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. Subd. 119 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. 120 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 7114110) Subd. 121 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. 122 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. 123 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. 124 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. 125 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. 126 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 Page 12 of 84 City of Arden Hills Chapter 13 Zoning Code 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. 127 Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. Subd. 128 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 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. 129 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. 130 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. 131 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. 132 Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. Subd. 133 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. 134 Open space. (See landscape lot area.) Subd. 135 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) Page 13 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 136 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. Subd. 137 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. 138 Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (Added 7114110) - Subd. 139 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 7114110) Subd. 140 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. 141 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. 142 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. 143 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, 144 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 less than two (2) square miles shall be regulated for the purposes of these regulations. Page 14 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 145 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. 146 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. 147 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. 148 Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-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. 149 Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. Subd. 150 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. 151 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. 152 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 truck, 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. 153 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 including antennas and utility/mechanical systems provided they are accessory and take up Page 15 of 84 City of Arden Hills Chapter 13 Zoning Code 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. 154 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) m P:GLM".:»°.A"5�,..m"°�g'•'m mm m Subd. 155 Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in 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. 156 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. 157 Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. Subd. 158 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 7114110) Subd. 159 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) Subd. 160 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 person's own home, including but not limited to, state institutions under the control of the commissioner of Page 16 of 84 City of Arden Hills Chapter 13 Zoning Code public welfare, foster homes, residential treatment centers, maternity shelters, group homes, _ residential programs, or schools for handicapped children. Subd. 161 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. 162 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. Subd. 163 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 Page 17 of 84 City of Arden Hills Chapter 13 Zoning Code 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, pawn shops, and open sales lots are not included in this definition of retail sales. Subd. 164 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. 165 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. 166 Schools, general education. Nursery, primary, elementary and secondary schools. Subd. 167 Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. Subd. 168 Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. Subd. 169 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 upholstering, 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. 170 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. Subd. 171 Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. Subd. 172 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. 173 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. Page 18 of 84 .................. City of Arden Hills Chapter 13 Zoning Code 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. 174 Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. Subd. 175 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. 176 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 buffer or screening along an adjacent public street or between differing land uses. Subd. 177 Soil processing. The processing of sand, gravel or other materials mined from the land. Subd. 178 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. 179 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. 180 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. 181 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, Page 19 of 84 City of Arden Hills Chapter 13 Zoning Code 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. 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. 182 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. 183 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. 184 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. 185 Structure, multiple-occupancy. (See Multiple occupancy building). Subd. 186 Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. Page 20 of 84 .... ....... ... .... . City of Arden Hills Chapter 13 Zoning Code Subd. 187 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. 188 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. 189 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 05105110) Subd. 190 Substantial improvement. (Added 05105110) 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 "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. 191 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. 192 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. 193 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. 194 Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. Subd. 195 Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. Page 21 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 195 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. 197 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. 198 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 particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. Subd. 199 Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. Subd. 200 Utility substation. A structure used for the relay or distribution of electric, water, sewer,telephone, etc., services. Subd. 201 Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties. Subd. 202 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. 203 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. 204 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. 205 Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. Page 22 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 206 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. 207 Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (Revised 7114110) Subd. 208 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) - Subd. 209 Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. Subd. 210 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. 211 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. 212 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 02122110) Subd. 213 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. 214 Yard, front. A yard extending along the full length of the front lot line between the side lot lines. Subd. 215 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. 216 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. Page 23 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 217 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. 218 Yard Area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. Subd. 219 Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. Section 1320—District Provisions 1320.01 Establishment of Districts. The zoning districts designated herein are hereby established so as to assist the City in carrying out the intent and purpose of its Comprehensive Development Plan for the City and to control development in a manner consistent with the provisions of adequate public services and utilities. 1320.02 Designation of Zoning Districts. For the purposes of this Code the City of Arden Hills is hereby divided into the following zoning districts: R-1 Single Family Residential District R-2 Single and Two-Family Residential District R-3 Townhouse and Low Density Multiple Dwelling District R-4 Multiple Dwelling District B-1 Limited Business District B-2 General Business District B-3 Service Business District B-4 Retail Center District NB NB District CC Civic Center District GB Gateway Business District 1-1 Limited Industrial District I-2 General Industrial District I-Flex I-Flex District PUD Planned Unit Development Overlay District MR Mixed Residential District MB Mixed Business District 1320.03 Allowable Uses. Uses allowed in any district. Subd. 1 Permitted Principal Uses (P) - Those uses that are allowed as a matter of right and multiple operation uses, as defined herein, if at least one of the operations is a permitted use and none of the operations is classified as a conditional use. Permitted multiple family residential, business or industrial uses are required to submit a site plan in accordance with the requirements in Section 1355. Subd. 2 Conditional Uses (S) - Those uses that are allowed only after issuance of a Conditional Use Permit as required in Section 1355, Page 24 of 84 City of Arden Hills Chapter 13 Zoning Code Conditional Uses may included those uses that are: A. Listed as conditional uses on the Land Use Chart(1320.05) B. Not listed on the Land Use Chart as either permitted or conditional uses, but which have been reviewed by the Planning Commission and designated by the City Council as conditional uses which are similar to those listed; C. Uses that are both accessory uses and conditional uses (CA); - D. Multiple Operation Uses as defined herein, if at least one of the operations is classified as a conditional use. Subd. 3 Accessory Uses (A) Those uses that are incidental to the principal use of the premises on which it is conducted. Subd. 4 Conditional Accessory Uses (CA) Those uses that are both accessory uses and conditional uses, including those listed on the Land Use Chart. Subd. 5 Planned Unit Development - PUD (D) Those uses allowed only after issuance of a PUD Permit. Uses allowed in a PUD may include permitted uses, uses by conditional use permit, accessory uses and conditional accessory uses. The underlying zoning district(s) establishes the basic allowable uses and the general development standards. Subd. 6 For any new construction or alteration, building permits must be secured pursuant to the provision of the building code and this Code. Subd. 7 Where questions arise as to whether a proposed use falls within a permitted use category and/or a conditional use category and/or an accessory use category, or whether a specific use that is not included on the Land Use Chart should be allowed in a particular district, the Planning Commission shall make a recommendation to the City Council which shall make the final determination that the use is similar to other allowable uses in the district or that a zoning code amendment procedure should be initiated. 1320.04 Purpose of Districts. Subd. 1 R-1 Single Family Residential District A. To establish areas for the development of single family detached housing at a maximum density of approximately three (3) units per net acre. B. To reserve development areas for single-family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. Page 25 of 84 City of Arden Hills Chapter 13 Zoning Code F. To preserve open space. Subd.2 R-2 Single Family and Two Family Residential District A. To establish areas for the development of single and two (2) family housing at a maximum density of approximately five units per net acre. B. To reserve development areas for single and two family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. Subd. 3 R-3 Townhouse and Low Density Multiple Dwelling District A. To provide areas offering a broad development range in housing units with a maximum density of eight (8) units per net acre. B. To retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. Subd. 4 R-4 Multiple Dwelling District A. To establish areas for the development of multiple dwelling structures with a maximum density of twelve (12) units per net acre. B. To permit the most intensive residential development allowed in the City. C. To maintain an essentially residential character in areas developed at a more intensive density. Subd. 5 NB Neighborhood Business District A. To be located at the edge of residential neighborhoods. B. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the adjacent residents. C. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. D. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. Page 26 of 84 City of Arden Hills Chapter 13 Zoning Code E. To accommodate, where possible, a public commons giving residents a _ place to gather and interact with one another. F. To ensure adequate buffering is provided on these sites for the adjacent _ residential uses. G. To require, where applicable, compliance with the City's gateway requirements. Subd. 6 B-1 Limited Business District - A. To establish areas for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. B. To provide a district which is related to and may reasonably adjoin high density or other residential districts. C. To establish a business district in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. Subd. 7 B-2 General Business District (Revised December 3, 2008) A. To be a place in which people can live, work and play. B. To create a compact, architecturally diverse, pedestrian- and bicycle- friendly community with a distinct identity. C. To provide a connected sidewalk system and places for people to gather and socialize. D. To implement design standards to promote an attractive environment with lasting and sustainable value. E. To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and promotes business prosperity. F. To provide an adequate supply of businesses and professional service areas to meet the needs of the residents. G. To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems. H. To implement the Plan known as the "Guiding Plan for the B2 District," which was adopted by the City Council on October 27, 2008. Subd. 8 B-3 Service Business District Page 27 of 84 City of Arden Hills Chapter 13 Zoning Code A. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through the community with a broad range of services and goods. B. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and convenient. C. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the Comprehensive Plan. D. To encourage grouping of compatible and mutually supportive business uses and services. E. To promote business prosperity. F. To establish a high standard of development and design that produces a - positive visual image and minimizes the effects of traffic congestion, noise, odor and glare. G. To allow a transitional reuse of existing buildings until market conditions warrant redevelopment. H. To enhance redevelopment potential by prohibiting uses that would impede redevelopment. I. To ensure acceptable traffic operations on local streets J. To promote flexibility in land uses and site development standards to achieve the purposes of the district. Subd. 9 B-4 Retail Center District A. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. B. To promote business prosperity by creating an attractive and functional retail center. C. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple-occupancy buildings. Free standing, single- occupancy buildings will be allowed if planned and constructed as part of a unified development that contains a retail center or is developed after such a retail center is developed. D. To produce a positive visual image by establishing a high standard of design and development. E. To allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary Page 28 of 84 ........ .......... ... City of Arden Hills Chapter 13 Zoning Code retail center and a phasing in of uses and development as warranted by market conditions. F. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. G. To alleviate potential traffic congestion on local streets by the design of the circulation pattern and arrangement of uses. Subd. lb CC Civic Center District - A. To implement that part of City of Arden Hills Comprehensive Plan known as the Civic Center(CC) area. B. To create a destination-oriented area that serves as focal point for the Community where a mix of uses including public, small retail, educational, semi-public facilities and some mid-to-high-density housing are located. C. To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create a gathering/activity place that is unified in purpose, design and use. D. To require strict development standards and building materials to create a high quality civic environment. E. To preserve, protect, and enhance existing development adjacent to the district. F. To promote compact, unified development that takes advantage of the proximity to the adjacent open space areas and regional transportation facilities. G. To minimize the effects of traffic congestion. H. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems including Lexington, Hamline, and Highway 96. 1. To encourage arrangement of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. Subd. 11 GB Gateway Business District A. To implement that part of Arden Hills Comprehensive Development Plan known as the I-694/1-35W Plan. B. To promote high quality, unified, large-scale development in a manner similar to a planned unit development. Page 29 of 84 . ............... City of Arden Hills Chapter 13 Zoning Code C. To take full advantage of the site's location as documented and described in the NE I-694/I-35W Flan. D. To allow only development that will create an attractive environment and a positive image for this site, which is one of the most visible in the community and represents the City's last major development site. E. To protect the site's environmental resources. F. To promote flexibility in land uses and development standards to achieve - the objectives of the I-694/I-3 5 W Plan. G. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems. Subd. 12 I-1 Limited Industrial District A. To allow only those types and intensities of industrial uses that do not detract from the surrounding area. B. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District. Subd. 13 I-2 General Industrial District A. To provide an area where more intensive light industrial land uses may locate. B. To present the least deleterious effect to adjacent, less intensive land uses. Subd. 14 I-FLEX District A. To preserve, protect, enhance and perpetuate existing development in the district. B. To attract new development that is compatible with existing development in the district in terms of use, performance, character, quality and appearance of buildings and sites. C. To permit only those uses that will have traffic generation characteristics that are compatible with existing development in the district and that will ensure reasonable traffic operation on streets in the vicinity. D. To encourage new site development that will be compatible with existing site development standards of existing development in the district. E. To promote flexibility in land uses and site development standards to achieve the objectives of the I-Flex District. Page 30 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 15 Planned Unit Development(PUD) Overlay District A. To allow flexibility in land development to benefit from new technology in building design and construction and in land development. B. To encourage variety in the organization of site elements, land uses (residential and non-residential), building densities, and building and dwelling types. C. To promote higher standards of site and building design through the use of trained and experienced professional land planners, landscape architects, registered architects, engineers and surveyors to prepare plans for all PUD's. D. To preserve and enhance desirable site characteristics and open space. E. To promote more efficient and effective use of land, open space and public facilities F. To effectuate the policies and standards of the Arden Hills Comprehensive Development Plan. Subd. 16 MR Mixed Residential District (Added 7114120.10) 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. E. To provide a variety of housing options for a wide range of ages and incomes. 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 minimize the effects of traffic congestion, noise, odor, glare, and similar safety problems. Page 31 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 17 MB Mixed Business District (Added 711 412 0 1 0) 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. 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. Page 32 of 84 City of Arden Hills Chapter 13 Zoning Code 1320.05 Land Use Chart. (Revised 121312008) ^^�::,r•»':s.^�°_ _......w....... ..... ... ......,..sFu'.,w°xa.:w..mm m.:mm.::�m:;:gq:8: _ F F:"'.:E edpyBr.«.a :::.«».d«^»» »» .:.•.` .�....»... m E«f"."«:tl.".,.,«..".". _ ca':a.'aeemeacds«�Sas.mm»79�`" 'aN� ,��d..:»»»:'«,:s:s ^Y;:.8.13...A.."»......... ME ..£..<,_."..m....�."wwm3:»,.�---- «`aSP»':"i' R BB sr»EE_....».,...;e�a'...� z`�.� §°mm m..,.mmm,:._..__.m_.... ... ...:»».».s»...».:..:.,...:......c..."....°,^.°.�?:.r.:a?�µ; y= r,?ve m a.r.":tt....;:;Fx=s ,..,..—.°s-.;cam••;:."?�:r..:-::»:r.,e•;::»»^?:�;; ,eAs"}x;;.xa ..".. _..,.... °°s..<�.,.fps_..B_..m._ :m.mmm___...__ '{.:�aBs. _�.5 ¢:.,-.._ _ _ ;.._...._„,._. ... ..m....,.....ms_..._.a r"�'- .;.^s»,r M-.' —.»............"..,....,»... F r�3,:as�.e.e.. ___mmm _�#v-_.:rem......,.,,...6R,..°..^<:�«.»r»:..w 3'� .,,.. B e.'-..F _' ,,«.:.,...:.. ...,...e..G9°.»> ¢"..•>^.'.�°.b�?. f3Y."^°Y«: 9»'s'ffePP�w.:.s�° OFF:m..mm_�.....___•m�__..m." ,. ,.,,. ,. .......«.. .. .-..B".. mm m _ ..m;8 e....«»:«..v^..«..".8:.«°?.P'm�.�Vie°'"m.�.m®Pe-^s'f m'"�°'m em m°�_..°e._:°mm: �'.�m_ '.:ri.....w..la�.:»B«'.'b,.6".F..[F'.4' «,«»..-....-,».«:..... .W W;µ:' _ _ _m _ :�.��.° ww r3teina J]rsfociv�irem dv CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA B4� zss"si€ '°. emw m•. eeee,e;e e eiem��r m e::=e �m A P P P C P P P P P Ch� tac1 P P P P P C P P P P P .»;9kfsicg�ea¢erf.ir:»°ei3==:=':»^3»¢^8¢»»'�"B,,.aµl:°r".en.::"•g?@^w¢3° �z;'a�>a CfU3 focrr3temg :tltl;.s µ P P P C P f.:� ¢: •tl w•tlr . CdijPYiser [ lRCvlt pS4:CT € _MIN P P P P P .....,�. �.....�_. ..F: ...�: . :Fw.. rm�� e m ®- P P P P P P P P P P CaY 3f: ►;%re14rJss ` an d me m m=m A A A A A A A Y :ri : :.wP :A .rSC# S5 �.: .�m•.:.:.m��°m... CA GA GA CA GA CA CA o9ije" g sip vmmem:mme:e:e.w e:e gym= m C C _ m mmm a C C C A CA , E3ry+;lani �& ai3rtdtyry Peek�p saE�o „f e f g p C A A A P �..v W mn m 3 3. tintQJe�ing°edeis �+zorl[°= v° mg8 Ame ee D D P I !iirel9ltt :=WFl3ttt �e? :[le» W rV e mmmmm wm ox :oe&: .. �' .• D D C D C ❑ P k7G( Ilileriild=:= ;m C C ❑ D P [xellag ingl iida crii °e a m m P P P P P "xi«"t:C W:.., E7¢relli ".. :;ww:vim°°�� M.;.:.°.;:. :�::sa�,� e= 11I :.....:a:: g== F tl C C P P C P A&'4eZeB: -',C.l'Y11Af ':IEiY. YY,U'�1CBf1'.vpx a 2 2:x x�»Y««..G:'=y3e e � Fnan SC##i �o vas e P P P P P C P P P P P Garagetrele - ow o '� a;Mwrw?°w�. ��..".�. .. ...........�.,..__..._..m.bm:.°m'=es=e,,:v.�:.ire:»:;::r"--•e;�'.:__..____-e.e'.�"araa�+ftt;»"te€� - rva; emmm € e .F em-0 A I A I A I A A A A foYiteaeialai; Bass„l : w_;:swwm==.v a s� CA CA CA CA CA IIQs"`it�l m'�b�`��• =W.:mm mmmm '�'M.�.•.;- �:�°=m._.®.:eF.:M�.va:«x�:'��::�-��===mmm e�°°�'�-�r¢:~:•�:«�::�:�,':�"� _and°�°-�'��?«`_,"�-'•�:- �-. C C C C C C G G C C C P, ��m�._�.�..�:5�.:.....;.��-,�°mmmm m�-� �_:"_.��:":....:•:...F. �{«�{��-.i�!y(.}»{.�..{_.nye�ww` _}y_��.,..�.x_<..9e..L_....-,...,.,,...".,,.,,,s....,...m...8m m°5"c«re.:..88.W"«...•.»"i::✓k.-«:.. IVef44I:i.4t�GNt.�I,G��a��s;�lZ',.{�, j°y'.t'.w""•","=e°:.m��e•_,'�a:j�.''d»"•ftl6".tl".G".e".y:�".f»»».`» ._.£._.®�"�?......»::.,3.�«.»..e_w'Y-:4."..._Po.e.w..�" +u6"^C:^.:.''�':.".Zi:."�".$'..^•.'�B.HB9P".1"b'3b&°f m. 61[axfa#UTingapJosslrilassi' w etl-° A A A- P P P P C e= wk tlgePS [ix:.;::ass llo yd`•m: Ae ef,e P W rim_¢�£.°�.�°._�._.w.3�....�_...._.w�«.Y-.,=...m........................._,�.F........., :PP P , MuYa1e+ ybu[f[Yigaemm ~~ ~ :; ° .:gym:;:::::";=em .:«• : : :.:,a;.�.e emm,m. :;;::€.:.:v= C C C C C C C C C C P 1Essltaoeands�st4"lint: � a="w°.r . G G G P » .. _ P P P gr.tieG".t. mm_m P P P P P P S v;":3"«.'a•."�»=J°..`-'`.�::°mm'mm e'e B��ba:: ,,.-..«. egw9:Pmm�m.m:3Z.® _ .-e?�Pe E.;M's?« Pe.sRnalw [ 1Gee„ r w C A P P P C P A P ...5;:..:£....._...._._.,... ...."6.»..b8....<n.H4".."-.."6�aI_-e°f ...£:..."'<«""^:« `d. � 3.... :i".-'•.E.�;%HePQe.F e .6.F...".tlG......:mmmm'^.e' C C C C C C C C C C C G C P P Re52rC3a2nd' :e11Xi�@17°�IGilyc? "egF€s;^s"°a"rtl« �w=. 3B;x:, :,�d . ®__.,F..m: .. ...............e:._, ::.:°s�:atiaet C P C C C P P P P P Page 33 of 84 .... ............. City of Arden Hills Chapter 13 Zoning Code Res'dential,facl�tystate licensed£f sn�r>g !=6 p P P P P P P Rest"Yentia ac�J�t state licensed serving 7 16j C C C C C C C Y Res at9r m �Id res°laGrant fast food C A P P P C P C C P �.x.: r. . ,MIR�: Ref'a a�e�8is�erice`2 P A P P P C A A A A P Sc �ucation C C C C C C P .w Sch'oal igher�6dbl anon b C C C C P School,specia zetl education C C C C C C P Se�lce station : C C C C C G Page 34 of 84 C C C W a3 N - a7 tm C - a Q 0 O i w �O E N N rq r2 r2 ni y II ':Jr: II ':71: ❑ N p ❑ LO CY) U W a d a 0 0 o a (D _ w a"i aa)) o r7 L .�.. to fn Cn F- N QJ _ N LCG tca r"' o - Y a a) g{ +� CD CO F o cu r co a a yv E a_ ao � 0 0 = t 0 c U 0 as Q. UC T a ) 7 N .0 U a) CO 7 7 I ca 1 7 U 7 In M 11.. Ln ca LOd fxi) L V) In JLLI ..Q.. ..�. .......... .Q LL- , . . . r n'. N: II II :LI N .:tC]: ON'xA uOo IIII U N M L N :Q'. it 'Al'. Ln '� O LO ':C3.'�0.,0: d"0"CD:c:{'iri:{"r..:[7 tl '.CA'. 11.:7.'.7.1{' r-.-. 11 '41'. � 'a 'Trl :u�.'-N:t'+: N'.'!:`.".Ln ' ..... .... ..... ......... ..... ...... .... ... ..... ..... ..... . ............ ii ... f�.... ..ra' 1a':. . ua 3 II : ::IV II tl'- m '4'M i�0 -In, .'O'l tD;.O o:.�.:�:.�.�:.�p' II r :.: 3 LO 03 . p R' 11 ?(i {U� 4:.7.. Q:4:a.......rfr::lt N :ff.: II R'. :Li;: N:.�::::a tl :.It r7 :R' it (+i '•lri-.N.� N:,..:{n tin N-4 .'r N{4'.'_ O N o: OO ma1'i a i:Ui i)li; A': n :.FL: Un :c?: LO 'pia -.C2 ox :31.: II :.n: -Atr% Lt7:ii:fi:N, '.rr.'. II YI'. m a N VANIq:o': :m'.; ill -F aY.i Il 'iYi'. :c'r: II :•":'ai. .'.U: II .'.11.- Lq Orn .'d:a: u ':n'. :.�: a ':.'.:u. :.e>: II :.11: c') .O. VNN.x'::L(Y O as :d: a ':.aa .;T: :r.. CD:..r.; 'G IM 1 7 .-t O Lo t7 :'C7:.O.6. O'.D'.O'.: _.::�::.�::.11: O V) :... .Q Y 1i-: a ':ri': :m: a ai: Is kill n ] n Fn irii4`;�:; If .:nr m (9 N '.U.r N .. tiO'.9': N 00 �ir:::1Fi: .Q.. 11 :id Lo �' m ' )66:;i'4•:F.Z': D.{i z ... ... ... .a. ii91':N'.r... )ri sr:N T a.t? U .:y '.O. :CD. N.TM ©.o:m. :A: re .. •:r... II :':-i:.'aL' .(�.1..�. to :c7.m LQ r:C7.:4:C'i: rCQ'.o 4':•:i4�:^:':v:v:r.Lt N .)a• N LL' .:r:a0.c? '.r..'. II ::.:�:.ii :Jl:.W:0], Cl) 'f.7 N LA .:tit.:M.:�• L!).r..'C N �+ •n,.iyl ItM :a:O:Q '.Q'. '.�.N'.LA ry ,•{� 0 1..1 •t� 4.uy wy M r:O.' : o e CD'.....' .:'.'.'."...'..'.'.'.... i-� bA LO N U ,r; 11'l .'!.')F. ii':mZ N L') 47 O'.C3'. r.'C: ::""'aH'. N 'N '.r. CO•rfx .'.r..' I I'::-.':::rr. 'Al.:co:m L7 'CL N rD '.,co'.e�•.'. LO:.r: .:.�.:�...:-.::.tl'. 00 dJ �••rCD LN xv �.{ �i .'.+r-:o cGr ":r'. II : ''r'r3l' -.7i:.«)'+Ll m 'o In :Cj.:o rp4 r':A':O i(C i.ir.'.iir.iitt.' LQ 4Q m:.U. 'xe. I I .-?::o:.tr ':�r:.co'AD m '& N ra :v.:co.''.: �n'.w.c'...................:::::::::.:.::u' btl �il 6? :::o'..:. .�:c�:s7 In:::•::. 'd •� :ir,`::v::n? ': ': a:(::?:; ::ii':CD a:f>i o -::'-:ii{ii'-:::n: N II rn( m i7 N ci? sh}'.c�.r. �'.r..,v r.�:.:�:._...I• r� c•1 r' f M - O y vi ...�...... �'.: D'�.:� r..ti.C C:. .' � ,� � 7:�:'.:' :'� �'.�rYi: '.w7 .'.•.'.�.�� � �i.�t' � Vl':.':.':m.,p:iL N':?'£-: m'::::. � � cCf"i � U rn N: �..:... .. ..... c U O •� b •� :.':.' U N :A C.....,U4):O N': '. ':.Z.. — Qi::.?� c :: ::,� iq rid' :".iF'c':.. _ o a`l::w: :m 'iv sa ' '',a' �' Y-:°-o:.'r.:5':aq:::G' z '.,� G 0:�t.o a i' ::" oi•:.:i�.'.,..:c o V.: CIO 4 a�.�:":� 7 r :•i:. ...1 a.i°): OCI':'-': n:..: p:[4: ro ai E:: :1 u .. m �_ ta..- w m a a,a.�:-E :P: m.. = E a V] a> O O :.u:- 7.: 'm :.: �:' :�. > .m 7';ih �: .o �:x1t.m' ?:: � 7 c n:� .r E':m�7 a) :...... E t:: 'v:it L :X' '�•'' ->- 0.7^:'}::y''..•.-. as E ._ H Q C tL....C:O U E �: ..L. a) C...UJ.: O7.'.'. �•'•',.. N c:)Y:a 'c s5;: rn: La t1s v': %D.-- �: tn: z :[F tY: :in �:r4:�:&�::' ':.A.- y Ordinance 2010-012 1320.07 Graphic Zoning Illustration 1 a loco SIDE LOT LINE loco I1 minimum aide setback tine ,1 t8 C 31 I 'm >ff ml 1 " Ii 1 r I buildahl9 lot area Im o Q r m I Oy Pj zi ml I c Iz al Im m 1. minimum sitle selhack Rne-.T � 1 SIDE LOT LINE 1 1 1 LOT DEPTH fdLVO. PAVING I x I i SIDE LOT LINE _ 1 Oy( 1 7 -rear yard yard Yard 1 front yard �� r 1 ACCESSORY �" 1 1m 13UJC NG I t 1 e k I I W I 1 ! m I a a I ml I yr 1 a j �--OI z y I a' r A o do to y tm 1111 II uT PRMCIPAL 3 - BUELDING �, 1 1 Iside - - -1 - yard SIDE LOT LJNE� 1 i LOT DEPTH 13LVD. PAVING I GRAPHIC ILLUSTRATION OF ZONING TERMS Page 36 of 84 Ordinance 2010-012 1320.08 Special Requirements for the Neighborhood Business (NB) District. (Revised 41281 2008) Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior or modification of the site. Conditional Use Permits are not required for permitted uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Special Regulations for Permitted Uses in the NB District. Permitted uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for Clinics; Financial Institutions & Service; and Retail Sales & Service. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. A. Clinics shall not exceed three thousand (3,000) gross square feet. B. Financial Institutions & Service shall not exceed five thousand (5,000) gross square feet, nor include a drive thru facility, nor include an outdoor or detached automated kiosk. C. Retail Sales & Service shall not exceed three thousand (3,000) gross square feet. These uses shall only include: antiques, art and school supplies, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, convenience store, custom dressmaking, drugs, dry goods, florist, garden supplies (year-round operation only), gifts, grocery, hardware, hats, hobby shops, household appliance repair, interior decorating (no retail furniture sales), jewelry, locksmith shops, musical instruments, paint and wallpaper, shoes, sporting goods, tobacco, toys, and wearing apparel, and similar type uses. Automobile related business, liquor stores, and restaurants, exceeding forty (40) percent in gross liquor receipts of the total food and liquor receipts, would not be allowed in the Neighborhood Business District. Subd. 3 Special Regulations for Conditional Uses in the NB District. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for restaurants and multiple family and two-family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. Page 37 of 84 Ordinance 2010-012 A. Restaurants shall not exceed three thousand (3,000) gross square feet. Exterior seating will be considered based on its impact on adjacent residential uses outside the neighborhood business district. B. Dwelling Units may be located within a mixed use development including non-residential structures. Subd. 4 District Requirements: (The district requirements in Section 1320.06 for _ the NB District will apply). To further accomplish the stated purpose of the NB District, developers are encouraged to plan their sites in the spirit of the purpose and intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the NB District purpose and the above criteria for allowable uses. Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. A. The City Council will make the final determination on the compatibility and consistency with this provision. B. Landscaping for the site shall comply with Section 1325,05, Subd. 1 of the Zoning Code. C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside the neighborhood business district. The buffer yard shall be landscaped with a combination of evergreen trees and deciduous trees such that the use is substantially screened from the - adjacent residences. The buffer yard landscaping may require landscaping in excess of the minimum requirements. D. Hours of Operation shall be prohibited between the hours of 11:00 p.m. to 6:00 a.m. All deliveries and loading shall be done during normal hours of operation. Page 38 of 84 Ordinance 2010-012 E. Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods outside the neighborhood business district. F. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. _ Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed fourteen (14) feet in height. H. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure. 1. Vending Machines shall be located on the interior of the principal structure. J. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building. K. Sidewalks shall be provided adjacent to all public rights-of-way. L. Gateways, where applicable, should be incorporated into the layout of the site. The 1985 Parkway System Feasibility Study and the Comprehensive Plan provide additional guidance on the incorporation of gateways. 1320.085 Special Requirements for the B-2 General Business District. The B-2 General Business District encompasses a primary gateway into the City. The aesthetic and transportation impacts from new developments and redevelopments must be evaluated to help ensure the long- term viability and success of the B-2 District. Accomplishing the purpose of the B-2 District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, site design, and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. The "Guiding Plan for the B2 District" shall act as a guide for development but is not part of the Zoning Code. In reviewing and approving land use applications, the City Council shall make the final determination on the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. (Revised 121312008) Subd. 1 Procedure. To further accomplish the stated purpose of the B2 District, the following procedures shall be used: Page 39 of 84 Ordinance 2010-012 A. Proposals for new construction, redevelopment of a site, and - significant modifications to existing sites shall use the Planned Unit Development (PUD) process. The PUD proposal shall identify any _ requested modifications from the applicable zoning requirements and from the "Guiding Plan for the B2 District" as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-2 District. Modifications to these requirements may be granted by the City without a variance through the PUD process. Conditional use permits may also be required for uses list in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before November 24, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments. C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD process but shall be subject to administrative review and approval: 1. Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or their designee; 2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots; 3. Minor modifications to the exterior of a building or a site that substantially conforms to the design standards in Section 1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd. 2 Uses. A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-2 District) that occupy existing buildings do not require a conditional use permit prior to occupancy. Other city permits may be required. Page 40 of 84 . ................ ................ . Ordinance 2010-012 B. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-2 District) require an approved conditional use pen-nit prior to occupancy. Other city permits may be required. C. The following land uses are not compatible with the stated purpose of the B-2 District and shall be prohibited: 1. Individual retail businesses larger than 50,000 square feet except for Sports and Fitness Clubs. 2. 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. Approved open air garden centers shall be exempt. 3. Mini-storage facilities; 4. Tattoo parlors; 5. Consumer Small Loan establishments; 6. Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products; and, 7. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. Subd. 3 Special Regulations for Drive-up Windows. Section 1325.04 of the Zoning Ordinance specifies additional requirements for drive-up windows and automobile service stations. The provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-up windows may be waived if the following conditions are met as determined by the City Council: A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and functionally integrate the building and the site on which it is located. B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non-motorized movements, specifically pedestrian and bicyclists. C. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the modifications Page 41 of 84 ........... ........ ............... Ordinance 2010-012 would be in the public interest and would be consistent with the purpose - of the B-2 District. Subd. 4 Hotel/Motel Additional Conditional Use Permit Criteria. In addition to - meeting the requirements of Section 1345 and 1355.04 Subd 3, hotel/motels shall conform to the following: A. Meet building code requirements; B. Entrance to each room shall be from an indoor corridor; C. Landscaping shall be brought into conformance with section 1325.05 _ Subd 1. Subd. 5 Design Standards. The standards in section 1325 shall apply. 1320.09 Special Requirements for the B-3 Service Business District. The aesthetic and transportation impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the B-3 District. Accomplishing the purpose of the B-3 District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, site design, and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. In reviewing and approving land use applications, the City Council shall make the final determination on the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. (Revised 1211712008) Subd. 1 Procedure. To further accomplish the stated purpose of the B3 District, the following procedures shall be used: A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-3 District. Modifications to these requirements may be granted by the City without a variance through the PUD process. Conditional use permits may also be required for uses listed in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments. C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD process but shall be subject to administrative review and approval: Page 42 of 84 Ordinance 2010-012 (i) Internal alterations to buildings that do not result in a change to the - building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or their designee; - (ii) Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots; (iii) Minor modifications to the exterior of a building or a site that _ substantially conforms to the design standards in Section 1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd. 2 Uses. A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) that occupy existing buildings do not require a conditional use permit prior to occupancy. Other city permits may be required. B. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) require an approved conditional use permit prior to occupancy. Other city permits may be required. Subd. 3 Special Regulations for Drive-Up Windows in the B-3 District. Section 1325.04 of this Code, specifies additional requirements for drive-up windows and automobile service stations. The provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-up windows may be waived if the following conditions are met: A. The operation consists of one or more drive-up windows and is an integral part of a building containing one or more other allowed uses, or the operation is part of an architecturally unified complex containing two or more businesses using drive-up windows B. Shared access drives and shared parking are utilized by all such businesses using drive-up windows in said building or complex. Page 43 of 84 Ordinance 2010-012 C. Only one building or architecturally unified complex containing two or more businesses using drive-up windows will be allowed in addition to one freestanding business using a drive-up window. D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function of the complex or building. E. An architecturally unified complex may consist of one or more _ buildings on one or more parcels if the intent of providing a unified appearance and function is not compromised. F. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non-motorized movements, specifically pedestrian and bicyclists. Subd. 4 Design Standards. The standards in section 1325 shall apply. 1320.10 Special Requirements for the B-4 Retail Center District. (Revised 1211712008) Subd. 1 Procedure. To further accomplish the stated purpose of the B-4 District, the following procedures shall be used: A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit Development (PUD) or the Conditional Use Permit (CUP) process. The proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B- 4 District. Modifications to these requirements may be granted by the City without a variance through the PUD process. Conditional use permits may also be required for uses listed in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8, 2008, shall remain in effect. C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD or CUP process but shall be subject to administrative review and approval: (i) Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or their designee; Page 44 of 84 ...... ..... Ordinance 2010-012 (ii) Replacement, maintenance, or repair of existing materials, - including exterior finishes, signage, landscaping, and parking lots; (iii)Minor modifications to the exterior of a building or a site that - conforms to applicable zoning regulations and has no discernable - impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd.2 Permitted Uses. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list of I-2 permitted uses as of April 1991, that are not permitted in the B-4 District, will be allowed in buildings existing in April 1991 as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be allowed in buildings constructed after April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4 District will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped buildings. Subd. 3 Uses Allowed by Conditional Use Permit. Due to the replacement, reuse or redevelopment nature of potential development in this district, the existing 1-2 uses allowed by conditional use permit as of April 1991 will be allowed to continue as conditional uses until redevelopment or replacement of the building or buildings housing such uses occurs. No new I-2 uses by conditional use permit will be allowed unless those uses are permitted or allowed by conditional use permit in the B-4 District. The uses allowed by Conditional Use Permit on the Land Use Chart, Section 1320.05, in the B-4 District will be allowed by conditional use permit either as replacement uses in buildings existing as of April 1991 or as uses in replaced, redeveloped or new buildings. Subd. 4 Special Regulations for Drive-Up Windows in the B-4 District. Section 1325.04 of this Code, specifies additional requirements for drive-up windows and automobile service stations. The provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-up windows may be waived if the following conditions are met: - A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and functionally integrate the building and the site on which it is located. Page 45 of 84 ........ ....... . Ordinance 2010-012 B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non-motorized movements, specifically pedestrian and bicyclists. C. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the modifications would be in the public interest and would be consistent with the purpose of the B-4 District. Subd. 5 District Requirements. The requirements below are established for development of individual "lots" and for the overall development of "planned projects". "Lots" are individual parcels on which may be placed a single building (either single or multiple occupancy). "Planned projects" are sites on which may be placed (a) A single or multiple occupancy retail center; (b) Two or more free-stand- ing, single or multiple occupancy buildings; or (c) A combination of(a) and (b). A "retail center" is a single building housing either several retail outlets or a single retail outlet with several departments. In a "planned project" individual lots may be created for separate buildings or parts of buildings but separate buildings are not required to be located on separate lots. To allow maximum development creativity and flexibility, regulations such as lot area, side and rear yard building and parking setbacks, Floor Area Ratio (F.A.R.), number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines within a project. However, the regulations for these same items must be met for the total project area and exterior project lot lines. A. Minimum Lot Area Requirements: 1. Multiple occupancy retail center; 5 acres 2. Free-standing, single or multiple occupancy building: 2 Acres B. Maximum Bulk Requirements: 1. Height: 35 feet 2. Floor area ratio (F.A.R.): .30 3. Lot coverage by structure: 25% C. Minimum Landscaped Area: 25% D. Minimum Building Setbacks: 1. Front yard and exterior project lines: 50 ft Page 46 of 84 Ordinance 2010-012 2. Side yard: 20 feet - 3. Rear yard: 20 feet Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B-4 District requires particular concern for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings. The City Council will make the final determination on the compatibility and consistency with this provision. A. Landscaping (Section 1325.05, Subd 1, shall apply) B. Parking (GB District regulations, Section 1320.13, shall apply) C. Signs (GB District regulations, Section 1320.13, shall apply) D. Lighting (GB District regulations, Section 1320.13,) shall apply) E. Pedestrian Circulation: All development within the B-4 District shall incorporate pedestrian improvements, which may include more specific City requirements that become apparent in the plan review process. F. Drainage [Water Management Plan: A plan must be submitted with each project or lot development in the B-4 District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and by the City Engineer. On-site ponding is encouraged as a visual and functional amenity. Two or more lots or prof ects may coordinate their plans for their mutual benefit. 1320.11 Special Requirements for the Civic Center(CC) District. (Revised 412812008) Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Allowable Uses. Development within the CC District will include uses that are permitted and conditional uses on the Land Use Chart, Section 1320.05, under the CC District. These uses must be consistent with the stated purposes of this district and the following development criteria: Page 47 of 84 ........... ............. .. Ordinance 2010-012 A. Uses. Uses as shown on Land Use Chart Section 1320.05, under the CC District as permitted and conditional uses are allowed. Uses not expressly stated on the chart are not allowed, unless determined by the City Council that the use is similar to the allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the CC District purposes and the criteria for allowable uses. B. Staging Area. With the exception of during a new construction period, staging areas shall be free of such materials, equipment or vehicles at the close of each business day. Overnight, weekend or holiday storage is not permitted. Materials transfer is permitted only for such activities necessary during the normal day-to-day business operation between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. C. Hazardous Materials. All hazardous materials used or stored on site are subject to the regulation of the State Fire and Building Code and the Minnesota Pollution Control Agency (MPCA). D. Internal Traffic Control. All buildings shall be accessible to and from nearby public streets. City design review will include pedestrian, bicycle, transit and automotive circulation patterns and needs. Subd. 3 Prohibited Uses. Some land uses are specifically not compatible with the stated purpose of the CC District. The following uses are therefore prohibited: A. Outdoor storage of equipment, vehicles, and materials. Any type of storage associated with use must be fully contained within primary or accessory building. Materials used in "staging areas" must not remain on ground for more than twenty-four(24) hours. B. Towers for telecommunications. Only antennas that are flush, parallel, unobtrusive and painted the same color as building will be allowed. C. 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, landscape materials, and similar items. D. Fast food establishments. E. Businesses using Drive-up Windows. Page 48 of 84 Ordinance 2010-012 F. Single and two-family housing. G. Gasoline service stations. H. Casino. I. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 4 Development Standards. A. All district standards specified in Section 1320.06 must be met. B. Maximum Floor Area Ratio (FAR). The total FAR shall not exceed 0.8. C. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the CC District, multi-story buildings will be allowed. 1. State Highways or County Roads: Minimum building setback is 60 feet. Building setbacks from State Highways or County Roads are measured from roadway easement line. 2. Parking setbacks. Parking areas shall be set back twenty (20) feet from all roadways. The side yard setback requirement for parking is five (5) feet. 3. Parking between the front of the building and the roadway is not permitted. Parking lots must be setback to be placed either even with or behind the primary structure. 4. Thirty-five (3 5) feet is the maximum height allowed. 5. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. 6. The location of buildings relative to their heights will consider views and relationship from within the CC District and from public and private areas off the site. D. Landscaping and screening. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the CC District. Page 49 of 84 Ordinance 2010-012 1. A landscape plan shall be submitted as required in Section 1325.05, Subd 1 of the Zoning Code. 2. Fences. If fences are used for landscape screening, they must = conform to the following: a. No higher than six (6) feet in rear yards only; b. No barbed wire, razor wire, or spikes allowed. _ c. Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. d. All other requirements of Section 1325.05 Subd 4 must be followed. 3. Special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in appearance and materials. 4. Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened. 5. Special attention must be given to the Gateway entrances at Highway 96 and Hamline Avenue and at Highway 96 and Lexington Avenue as specified in the community gateway study. E. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the CC District requires particular concern for building design. 1. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement of the whole CC District, 2. Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. Materials and colors selected for any individual building shall be compatible with other buildings in the CC District. 3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scope to create unity in the CC District. All building elevations shall be considered"fronts." Page 50 of 84 Ordinance 2010-012 4. All service entrance areas, mechanical equipment and trash handling devices shall be fully screened. F. Parking. Parking requirements contained in Section 1325.06 shall - apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the CC District. G. Traffic Impact Study. The City may determine if a use will impose limitations on traffic. H. Generated within the CC District. In order to maintain the functional capacity of the area road system, a traffic study prepared by a traffic engineer may be required. I. Signs. Signs are regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. A lighting plan shall be submitted that shows location, type of illumination and design. 2. Exterior lighting shall be consistent in type, design, and scale to create unity in the CC District. 3. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96, 4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites may be permitted by the City. A photometric analysis of site and building shall be submitted for City approval. K. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the City of Arden Hills Comprehensive Plan. Other pedestrian sidewalks and trails may be required by the City. 1. Site design shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing clear visual indicators through door placement, signage, and integrating landscaping components. Page 51 of 84 Ordinance 2010-012 2. The city may require bike racks; racks must be placed to not impede pedestrian circulation. 3. Internal sidewalk systems shall connect with adjacent planned or - developed public sidewalks or trails. L. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the CC District. The plan must be approved by the Rice Creek Watershed District, other agencies as _ required, and the City Engineer. 1. Regional ponding is encouraged as a visual and functional amenity; two or more sites may coordinate their water management plans for their mutual benefit. 2. Utility Lines. Underground utility lines shall be required in all development within the CC District. Except for temporary measures by special permit, there shall be no utilities located overhead. 1320.12 Special Requirements for the I-Flex District. (Revised 1211712008) Subd. 1 Procedure. To further accomplish the stated purpose of the I-Flex District, the following procedures shall be used: A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit Development (PUD) or the Conditional Use Permit (CUP) process. The proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the I- Flex District. Modifications to these requirements may be granted by the City without a variance through the PUD process. Conditional use permits may also be required for uses list in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8, 2008, shall remain in effect. C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD or CUP process but shall be subject to administrative review and approval: (i) Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or their designee; Page 52 of 84 Ordinance 2010-012 (ii) Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots; (iii)Minor modifications to the exterior of a building or a site that - conforms to the applicable zoning regulations and has no discernable impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd.2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05, for the I-Flex District. Subd. 3 Uses allowed by Conditional Use Permit. A. Used allowed by Conditional Use Permit as specified on the Land Use Chart, Section 1320.05, for the I-Flex District. B. Wholesaling and warehousing if such use is wholly contained within a building and occupies not more than fifty (50) percent of the gross floor area of the building in which it is located. C. Wholesaling, warehousing and related accessory uses which were in existence in April 1991 issued a Conditional Use Permit, which will allow such uses to continue on the site, or within any existing or expanded facilities or improvements thereon, provided that the ratios of conditional uses to the gross floor area of the building do not exceed the ratios existing as of the date hereof. The Conditional Use Permit shall define the scope and ratios of existing uses and may be amended in compliance with the procedural requirements of Section 1355.04 Subd 3 relative to Conditional Use Permits. D. Manufacturing or processing that generates hazardous waste with a valid hazardous waste generators license from the Ramsey County Public Health Department or other licensing agencies having jurisdiction. Subd. 4 Prohibited Uses. Some land uses are not compatible with the stated purpose of this district and will not be allowed. The following uses are prohibited: A. Residential uses, except those required for safety and security reasons in relation to the principal use. Page 53 of 84 Ordinance 2010-012 B. Open sales, rental or storage uses or lots. C. Vehicular sales, lease, rental or repair. D. Truck terminals, freight terminals and freight forwarding services. E. Bulk storage buildings, yards and terminals, including but not limited to forest, metal, concrete, agricultural and petroleum products; chemicals _ and similar products. F. Manufacturing or processing that generates hazardous waste without a valid hazardous waste generator license from the Ramsey County Public Health Department or other licensing agencies having jurisdiction. Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the I-Flex District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. The City Council will make the final determination on the compatibility and consistency with this provision. 1320.13 Special Requirements for the Gateway Business (GB) District. (Revised 412812008) Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Definitions of Terms Used Herein. A. Gateway Business (GB) District. A district established specifically to provide a flexible framework for the development of the area of the city generally located in the northeast quadrant of the interchange at 1-694 and 1-35W. B. Mixed Use Project. A segment of the GB District that is controlled by a single developer entity, containing more than one type of use, and planned as a single development but may be developed in more than a single stage. Page 54 of 84 Ordinance 2010-012 C. Single Use Project. A segment of the GB District that is controlled by - a single developer entity and containing a single type of use, planned as a single development and encompassing one or more parcels but may be developed in more than a single stage. - Subd. 3 Allowable Uses. Development within the GB District will include uses that are specified on the Land Use Chart, Section 1320.05, and shall comply with the following development criteria: A. Office uses occupying not less than twenty-five (25) percent nor more than fifty (50)percent of a project's total floor area. B. The mix, relationship and intensity of uses and buildings will be compatible and complementary both internally and with adjacent uses. C. Retail or service businesses offering goods, merchandise or personal services for sale primarily to those employed in the GB District will be allowed to occupy no more than fifteen (15) percent of the total floor area of the building in which they are located. Service stations with retail services and with a car wash shall be exempt from this restriction. D. Multi-family residential use is limited to that area adjoining the public area surrounding Round Lake and shall not exceed fifteen (15) percent of the total land area in the GB District exclusive of Parcels 2, 3, 4 and 5 as identified in the NE I-694/I-35W Plan. Densities shall not exceed those allowed in an R-4 Residential District. E. Licensed day care facilities will be allowed either in a building containing other uses or in a freestanding building. Freestanding day care facilities are not required to meet minimum floor area or minimum lot area requirements otherwise required in the GB District. F. The use is in the best interest of the City and the GB District. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the GB District purpose and the above criteria for allowable uses. Subd. 4 Uses Allowed by Conditional Use Permit. Service stations with retail sales and services and with a car wash are allowed by Conditional Use Permit. Such uses shall offer retail, gasoline, and car wash services and shall not contain vehicle repair bays or offer vehicle repair services; minor repairs; incidental body and fender work; minor painting and upholstering; replacement parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons capacity; Page 55 of 84 Ordinance 2010-012 major general repair; rebuilding and reconditioning of engines, motor vehicles or - trailers collision service, including body, frame, or fender straightening or repair; or overall painting or paint job. Subd. 5 Prohibited Uses. Some land uses are not compatible with the stated purpose of the GB District. The following uses are therefore prohibited: A. Single-family or two family residences B. 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, landscape materials, and similar items. C. Vehicular sales, lease rental or repair, including but not limited to the items listed in(b) above. D. Truck terminals, freight terminals and freight forwarding services. E. Building supply stores.and yards. F. Outside storage. G. Warehousing and wholesaling exceeding seventy-five (75) percent of the building in which it is located. H. Mini-storage facilities. I. Bulk storage buildings, yards and terminals, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products. J. Manufacturing that requires outdoor storage of bulk, raw or finished materials used in or resulting from the manufacturing process. K. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. L. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 6 Development Standards. A. Minimum project and lot size. Page 56 of 84 ..... .... . Ordinance 2010-012 1. Except as otherwise specifically set forth in this Section, a mixed- use project within a GB District shall contain a minimum of twenty (20) acres. The proposed land uses in such a project and their Unix, intensity and relationship may require varying lot sizes within said project, none of which lots shall be less than five (5) acres in size except as otherwise permitted herein. 2. Lots of less than five (5) acres within a mixed use project may be permitted only when the applicant has demonstrated satisfactorily that: a. The lot will be the site of a use that will be compatible with and will complement and enhance existing and planned businesses. b. The primary business of the proposed complementary use will serve business activities within the GB District. 3. Single use projects, excluding service stations with retail sales and services and with a car wash, shall contain a minimum area of ten (10) acres. 4. Interior lot lines within a mixed or single use project may be located to allow individual ownership of specific buildings. To allow maximum development creativity and flexibility, regulations such as side and rear yard building and parking setbacks, F.A.R., number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines. However, the regulations for these same items must be met for the total mixed use or single use project area and exterior project lot lines. a. Minimum Building Size. To accomplish a scale of development consistent with the defined purpose of the GB District, the minimum ground floor area of a building other than residential uses, and for service stations with retail sales and services and with a car wash, shall be twenty thousand (20,000) square feet, except as otherwise regulated herein. b. Maximum Floor Area Ratios (F.A.R.). The total F.A.R. of a Mixed-Use project shall not exceed 0.5. In order to achieve the open space objectives of the GB District, mixed use projects shall conform with the following relationships, F.A.R., building height, and landscape lot area. Minimum Maximum Minimum Building Height Project Landscape Page 57 of 84 Ordinance 2010-012 In Stories F.A.R. Lot Area - 3 0.5 35% 2 0.4 35% 1 0.3 35% Proj. F.A.R. =F.A. Bldg. 1 +F.A. Bldg. Bldg. 2 + ...F.A. Bldg. n A Where: F.A. =Total Floor Area in Square Feet n =Total Number of Buildings A =Project Area in Square Feet B. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the GB District, multi-story buildings will be encouraged. 1. Building height will be regulated only as it affects the safety of occupants, compatibility with other uses and buildings, and other City and District requirements. 2. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. 3. The location of buildings relative to their heights will consider views and relationship from within the GB District and from public and private areas off the site. 4. Minimum building setback requirements are fifty (50) feet from all streets and exterior project property lines and twenty (20) from all interior property lines, except that interior lot line setback requirements may be modified by the city in the project review process if specific conditions of the project plan justify modification. C. Landscaping. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the GB District. 1. A landscape plan shall be submitted as required in Section 1325.05, Subd 1, of the Zoning Code. 2. Special landscape enhancement of views from I-694 and I-3 5 W will be required. D. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the GB District requires particular concern for building design. Page 58 of 84 Ordinance 2010-012 1. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement, geometry and massing of the whole of the GB District. 2. Exterior building treatment (wall surfaces) shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. 3. Materials and colors selected for any individual building shall be compatible with other buildings in the GB District. 4. All service entrance areas, mechanical equipment and trash handling devices shall be screened from adjacent building and off-site visibility. 5. A "campus" plan arrangement is hereby encouraged and a "signature" building is considered desirable. E. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the GB District. Surface parking shall maintain a fifty (50) foot landscape setback from all public streets and a twenty (20) foot landscaped area from exterior project property lines, except for access drives that may cross the setback area. Since the intent of this parking setback is to provide visual separation for large scale developments service stations with retail sales and services and with a car wash shall be exempt for this particular requirement and instead shall be required to meet the general parking setback requirements (a twenty (20) foot parking setback from any public street or right-of-way and a five (5) foot parking setback from any side or rear property lines) as stated in Section 1325.06. F. Traffic Impact Study. The City has determined that the traffic capacity of the interchange at I-35W and State Highway 96 will impose limitations on traffic generated within the GB District. In order to maintain the functional capacity of the area road system, both internal and external traffic and parking plans and traffic generation studies prepared by registered traffic engineers will be required for all project within the GB District. G. Signs. Signs will be regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. To promote the purpose of the GB District: Page 59 of 84 Ordinance 2010-012 1. A sign plan shall be submitted in connection with the site plan or PUD Master Plan that shows the location, type, size and design of the individual signs. 2. Deviation from the standard regulations shall be allowed only after the applicant demonstrates, and the City concurs, that the deviation is essential to further the purpose of the GB District 3. Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards, located within the GB District. H. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas east and south of Round Lake. 2. Accent lighting of buildings and sites may be permitted by the City. 3. A lighting plan shall be submitted that shows location, type of illumination and design. I. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the NE 1-6941I-35W Plan approved by the City. Other pedestrian sidewalks and trails may be required by the City. J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer. 1. On-site ponding is encouraged as a visual and functional amenity. 2. Two or more projects may coordinate their water management plans for their mutual benefit. Page 60 of 84 Ordinance 2010-012 K. Utility Lines. Provision for underground utility lines shall be required in all development within the GB District. 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 Plan shall be submitted for each stage of development and construction. Page 61 of 84 Ordinance 2010-012 H. Planning Commission conducts public hearing(s) for each Final PUD Plan submission and recommends action to the City Council. 1. City Council may conduct additional hearings and take action on the Final PUD Plan for each stage. J. 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 Page 62 of 84 Ordinance 2010-012 City, the applicant must prepare a public engagement and information plan for the - length of the planning and approval process. 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 Page 63 of 84 Ordinance 2010-012 1355.04 Subd 3.13. Council action on the PUD shall follow the provision of Section 1355.05. 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: Page 64 of 84 Ordinance 2010-012 1. The City seeks to provide a variety of housing options and types to accommodate the current and future needs of Arden Hills. This 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 4. 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 Subd. 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 65 of 84 Ordinance 201.0-012 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; Page 66 of 84 Ordinance 2010-012 c. At least fifty (50%) percent of the parking is provided in structured parking; and, d. The building meets a minimum of three of the building design standards listed in Section 1320.135 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. Page 67 of 84 Ordinance 2010-012 6. 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. 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. 1. 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 Page 68 of 84 Ordinance 2010-012 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. _ 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 Page 69 of 84 Ordinance 2010-012 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, 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 Safe Park Dedication Acres 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. Page 70 of 84 ......... Ordinance 2010-012 c. A continuous system of publicly accessible trails shall occupy the perimeter of the park and water feature. 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. 6. 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 Page 71 of 84 Ordinance 2010-012 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, 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 Page 72 of 84 Ordinance 2010-012 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. 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: 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 dong 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 73 of 84 Ordinance 2010-012 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. Page 74 of 84 Ordinance 2010-012 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 Page 75 of 84 ............. ...... ....... Ordinance 201.0-012 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. 2. The proposed starting and completion dates for the construction and any required environmental remediation. Page 76 of 84 Ordinance 2010-012 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 revolted 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. Page 77 of 84 - Ordinance 2010-012 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. 1320.14 Planned Unit Development (PUD) Overlay District. Subd. I General Purpose. The Planned Unit Development (PUD) District promotes the development of land in a unified manner by treating the entire development as a single entity and relaxing the strict application of standard zoning and subdivision requirements, in exchange for a project that better forwards the goals and purpose of the City's Comprehensive Plan. The purpose of the PUD process is to achieve a higher quality, better project than would otherwise be possible if the strict application of the zoning and subdivision requirements were met. While PUD's may be allowed in any district, they are required for some types of development in certain districts. Subd. 2 Applicability. The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic allowable uses and the general standards for development and the approved PUD plan establishes the specific regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. Subd.3 General Procedure. 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 (Optional). Page 78 of 84 Ordinance 2010-012 C. Applicant is encouraged to have community meetings where appropriate (Optional). D. Applicant shall submit PUD Master Plan to City. _ E. Planning Commission conducts public hearing(s) on the PUD Master Plan and make a recommendation to the City Council, F. City Council may conduct additional hearings and take action on the PUD Master Plan. G. The PUD Master Plan, as approved, including all applicable documents, is adopted as the governing development plan for the PUD property. H. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan will be submitted for each stage of development and construction. 1. Planning Commission reviews Final PUD Plan and recommends action to the City Council. J. City Council reviews and takes action on the Final PUD Plan. K. Applicant applies for all necessary permits to begin construction. Subd. 4 Planned Unit Development(PUD) Concept Plan Review(Optional). 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, 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. Page 79 of 84 Ordinance 2010-012 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. 5 Planned Unit Development (PUD) Master Plan. 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, or may apply for both the Master Plan and Final Plan concurrently. 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 as required in Appendix A, Procedure Manual, and Paragraph G of this Section below. C. Procedure for Council Action. The procedure for Council action in Chapter 1355.04 Subd& shall apply. D. 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 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. E. Documentation for Larger Complex Areas. Additional documentation required for a Master Plan for larger complex areas (development tracts five (5) or more acres in size or of such complexity that more detailed and complete plans are warranted): 1. Land Use and Design Component. A land use component shall consist of a map or maps setting forth the distribution, location and extent of the area of land devoted to each category of land use existing and proposed as part of the Master Plan, including, but not limited to, the existing and proposed coverage of area by buildings, streets, trees and landscaping, and parking. Said map or maps shall encompass not only that portion of the development tract located within the City but also any portion thereof located in an adjacent municipality. Said component shall also contain a descriptive statement of objective, Page 80 of 84 Ordinance 2010-012 principles and standards used in its formulations. The land use and design component shall also contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates for future population charac- teristics and change within the planned community correlated with the other components of the Master Plan. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various nonresidential facilities, including sufficient data to calculate _ traffic generation, parking requirements, water consumption, sewage needs and the necessary capacity of related utilities and services traditionally rendered by public and private organizations for a population of such size as is projected for the completed, planned development. 2. Transportation and Parking Component. The transportation and parking component shall consist of a map or maps setting forth the general location and extent of all traffic circulation, pedestrian and bicycle circulation, and parking facilities, existing and proposed, as part of the Master Plan of the entire development tract, including any portion thereof located in an adjacent municipality. In addition, it shall include, among other things, documentation, data or expert testimony in sufficient detail to show the impact of traffic expected to be generated by the proposed development over the course of its growth and expansion upon the current and projected traffic in surrounding streets; to demonstrate the adequacy of parking facilities in light of existing and projected population of the development; and to show the adequacy of streets providing access to and from proposed and existing parking facilities. The City may require a traffic study. Said component shall also contain a descriptive statement of objectives,principles and standards for its formulation. 3. Utilities and Grading Component. A utilities and grading component shall contain a map(s) setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and rights-of-way, easements, facilities and appurtenances necessary therefore. In addition, it shall include a grading plan showing in sufficient detail the amount and type of fill or excavation to be used to accomplish the grading of the development tract, or portion thereof, the contours of the areas to be graded, and provisions made for storm water drainage so that the City can assess the impact of such grading upon the remainder of the development tract and the surround- ing neighborhoods. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed Page 81 of 84 Ordinance 2010-012 ownership, method of operation and maintenance of each such service and facility. 4. 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. 5. 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 as specified in the master plan. 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. 6. Subdivision Component. In the event the development tract is to be subdivided, the developer shall submit a subdivision plan. A subdivision plan shall contain a descriptive statement of the principles governing the proposed subdivision of land, including lot design for various proposed land uses. A 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. 7. Additional Components. The Master Plan may include as additional components, a recreation component; a public building component, providing for consideration of administrative and public safety quarters; and such other components indicated by the nature of the particular proposed development. Subd. 6 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 Page 82 of 84 Ordinance 20I0-012 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. 2. The proposed starting and completion dates for the construction. 3. The applicant shall submit documentation demonstrating that the PUD Final Plan is in conformance with the PUD Master Plan. C. Development Agreement and Bonding. 1. A development agreement and corporate surety may be 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 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 Iengths 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 unless an extension is requested in writing by the applicant and for good cause granted by the City Council. Page 83 of 84 Ordinance 2010-012 D. Park and Open Space Dedications 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 PIat, if any and Final Plan shall be deemed to be void, nullified and revoked unless an extension has been required in writing by the permittee and for good cause granted by the City Council. Effective Date. This Ordinance shall become effective the day following its publication. Ado Lion Date. Passed by the City Council of the City of Arden Hills the 10"' Day of January 2011. DAVID GRANT, MAYOR ATTEST• PATRICK KLAERS CITY ADMINISTRATOR Publication Date: January 19, 2011 Page 84 of 84 i -