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HomeMy WebLinkAbout11-27-23-RMayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda November 27, 2023 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting is open to the public and members of the public can attend in -person at City Hall or can access the meeting remotely by joining via Zoom (see Public Inquiries/Informational below for instructions) This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER APPROVAL OF AGENDA 2. TCAAP/Rice Creek Commons Update Dave Perrault 3. PUBLIC INQUIRIES/INFORMATIONAL Members of the public are invited to remotely monitor the City Council meeting via Zoom using the below link. Members are also welcome to provide public comments during this section of the agenda via Zoom. Members wishing to provide public comment must use the 'raise hand" feature in Zoom to identify themselves as wanting to make a public comment and will be called upon to provide their public comment during this portion of the agenda. Those that speak must state their name and address for the record. HTTPS://US02WEB.ZOOM.US/J/83593627875 *Please make sure you have the most up-to-date version of Zoom to participate in the meeting* This is an opportunity for citizens to respectfully bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or less. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. 4. RESPONSE TO PUBLIC INQUIRIES 5. PUBLIC PRESENTATIONS 6. STAFF COMMENTS 7. APPROVAL OF MINUTES 7.A. November 2, 2023 Special Work Session Documents: 11-02-23-SWS.PDF 8. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8.A. Motion To Approve Claims And Payroll Pang Silseth, Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve Quote From Minnesota Roofing Company For Perry Park Pavilion Roof Replacement David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Quarterly Special Assessments For Delinquent Utilities Dave Perrault, City Administrator Documents: MEMO.PDF 10.B. Planning Case 23-018 - Zoning Code Amendment - Ground -Mounted Solar Energy Systems In Residential Zoning Districts Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF ATTACHMENT K.PDF ATTACHMENT L.PDF ATTACHMENT M.PDF 10.C. Planning Case 23-019 - Chapter 13, Filling And Excavation And Chapter 15, Erosion And Sediment Control Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 11. NEW BUSINESS 11.A. Old Highway 10 Trail Improvements - SRF Proposal David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 11.13. Resolution 2023-057 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 11.C. Planning Case 23-018 Zoning Code Amendment - Ground -Mounted Solar Energy Systems In Residential Zoning Districts o Ordinance 2023-013 Amending Chapter 13, Section 1320, Subsection 1320.05 (Land Use Chart) and Section 1325, Subsection 1325.02 (Accessory Uses) o Ordinance 2023-014 Amending Chapter 13, Section 1380, (TCAAP Redevelopment Code, Subsections 5.1 and 5.2) o Summary Ordinances 2023-013 and 2023-014 Amending Chapter 13, Zoning Code, Sections 1320, 1325 and 1380 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 11.D. Planning Case 23-019 Chapter 13, Filling And Excavation And Chapter 15, Erosion And Sediment Control Ordinance 2023-015 Amending Chapter 13, Section 1305, Subsection 1305.04 and Section 1325, Subsection 1325.08, and Chapter 15, Section 1510, Subsection 1510.01 and Section 1520, Subsection 1520.03 Summary Ordinance 2023-015 Amending Chapter 13, Sections 1305 and 1325 and Chapter 15, Sections 1510 and 1520 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 11.E. Arden Hills Tobacco - Tobacco License Forfeiture Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN -ARQEN_HILLS Approved: November 27, 2023 [DRAFT CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION NOVEMBER 2, 2023 5:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:30 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Public Works Director/City Engineer David Swearingen, Community Development Director Jessica Jagoe, Alatus Principal Bob Lux, Tradition Homes Representative Todd Stutz 1. PUBLIC INQUIRIESANFORMATIONAL Mary Henry, 3521 Ridgewood Court read a statement from Kristy Jacobs, 1492 Arden Place West. Ms. Jacobs was strongly in favor of increasing the number of housing units in Rice Creek Commons to 1,960. She wanted to see people of all income levels have the privilege of a safe home. Providing for neighbors makes a more economically resilient, safer, healthier and diverse community, it is a win -win. Mary Henry, 3521 Ridgewood Court continued with her own statement. She was in support of the proposed goal of 1,960 units. She felt reason points to changing the development plan to include more housing and less office space. She provided a Bloomberg News article to the Council, that states our metro area was the first to drop below a 2% inflation rate in May, which they attributed to more housing development here. More housing creates community and improves our economic outlook. Gregg Larson, 3373 North Snelling Avenue said he wanted to contrast what they know and don't know about Rice Creek Commons density numbers, in particular the density number that was advocated by the City in the past and the newly proposed number of 1,960. They lack any evidence or documentation that more than those housing units would be detrimental to the well- being of the city due to demonstrable financial or environmental harm, or that more housing units would result in adverse traffic impacts. What they do know is the housing units in the past proved unacceptable to Ramsey County during lengthy negotiations on a master development agreement. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 2 If the number doesn't change, the project isn't going forward. He stated that City environmental reviews in 2014 and 2019 examined two development scenarios; 1,500 housing units and 2,500 housing units. The City twice approved the reviewed conclusions that Rice Creek Commons could accommodate that density range without adverse environmental or traffic impacts. The proposed 1,960 number falls just below the midpoint of that range. It received unanimous support from the JDA. It may not be the final number set forth in the master development agreement but it will now be the subject of further public, environmental and financial reviews. The school district has confirmed it is prepared to meet the Rice Creek Commons enrollment. He said the Metropolitan area lacks sufficient housing, especially affordable housing. This project could go a long way in satisfying some of those needs. He felt the Council should proceed with the next steps based on the proposed 1,960 housing units, and it would be particularly noteworthy if the Mayor showed leadership by joining other Councilmembers, the County and the developer in support of continued progress on the project. Kristine Poelzer, 1870 Indian Place, supported what was proposed at the Rice Creek Commons open house. Her daughter and daughter-in-law who are both in their 40s have expressed desire to have much housing in Rice Creek Commons, as they are looking ahead into the future. She has talked with other people that agree that the high amount isn't really high. She understood that every day they wait it will cost more money to build. Lynn Diaz, 1143 Ingerson Road, stated that she supported the higher density in Rice Creek Commons and a variety of affordable housing. She reported that a 2023 survey found that 77% of respondents would pay a premium to live in a walkable neighborhood and for Gen Z that figure was 92%. More than half of those surveys preferred to own or rent an attached dwelling in a high opportunity area that is walkable to shops and restaurants. There is a need for housing to bridge the gap between large lot single family homes and apartment complexes including duplexes, triplexes, townhouses and small apartment buildings of 4-9 units. They need to have housing that is affordable to those that work in our community. College graduates should be able to find an apartment they can afford while paying back their student loans. Seniors should be able to find a place they can afford on social security. She also thought they should make much of the affordable housing owner occupied to give residents a chance to build equity, create stability and greater involvement in the community. Smaller lots combined with social infrastructure and walkable neighborhoods help create connections, amenities attract residents and increase socialization which also improves community resiliency. Increased numbers of residents brings more businesses and makes it more possible to obtain public transportation. She felt Arden Hills could be a leader in designing an innovative, environmentally friendly, responsible development that creates a place for everyone in the community. She hoped they would look at the possibilities with an open mind and be flexible in adjusting the plan to better suit the needs of the community going forward. Ted Dickenson, 3188 Asbury Avenue, said residents last night got a view of the Rice Creek Commons development and it what it may look like, and an understanding of why it is needed. Having a surplus of business real estate has made it possible to plan for 1,960 units without crunching everything in, and with a mix of housing types and affordability. Rice Creek Commons comes at a time following two decades of underproduction in both owner occupied and rental units. His son has been looking for a house in and around south Minneapolis for nearly three years and has found most houses to be priced at or above $300,000 and still requiring much work. For many people with full time jobs finding an adequate home is out of reach, so he was glad to see ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 3 that some of the housing in Rice Creek Commons may be affordable for those that need it. He believed communities that prosper will plan for the years ahead and work to carry those plans out. He was proud to live in a community where the City Council and JDA were doing just that and he thanked them for their achievements. Linda Swanson, 1124 Ingerson Road, stated that the City Council has said they are willing to answer all questions so she created a document of her questions. She didn't think there were many people against TCAAP being developed, it's the manner in which it's being developed. She was disappointed at the open house because there was no option other than 1,960. Why don't they know the number of proposed people in the area, what financial information is going on — what the City will be required to pay for things; when and why, traffic information, which area will be platted first, how many buildings will be in different areas. They are deleting jobs by deleting areas that will now be housing, so they are no longer are creating jobs in the area. MTC isn't in any discussions with Ramsey County, so there isn't any mass transit being decided in the area. She continued that at the September 11 Council meeting the Council was provided with a summary of the JDA Advisory meeting. She asked for the entire summary be included in the advisory meeting and she didn't get a response to her request. The last JDA summary on the website was September 7. On October 1 she requested a list of resident recommendations that the JDA is including in their plans along with the name of the resident that made the request but she hasn't received a response to that. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. Rice Creek Commons/TCAAP Discussion Mayor Grant said they had a memo from staff outlining several areas of discussion. It was decided to go through the items one by one. Councilmember Rousseau thought there were some really great questions asked at the open house. She said people asked about staying in Arden Hills but downsizing and they were interested in knowing about lot sizes and single level homes. She wondered what the areas that were being changed to housing had for green space and lot sizes. Mr. Lux replied the changes occurred in two areas of the plan, one in the southwest corner and the area known as Town Center South. They added approximately 500 total units. The zoning will decide the lot sizes, and whether they are single, townhomes or multifamily. As they go through the planning process they will test where the market is at that moment and design to fit the market demand. The lots on the southwest site are small, approximately 45 feet. They are being seen as either entry level for sale or single family for rent. The people he spoke with about those lots were primarily seniors but they were also talking about their children wanting access into Arden Hills. Councilmember Rousseau said in 15 years when this is built out she would be starting to consider what downsizing looks like for them and if they could stay in Arden Hills, along with her daughters looking for their first homes. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 4 Mr. Lux said the goal is to have a wide variety of for sale product and a wide variety of for rent product. There is about a year to 18 months of mass grading and infrastructure before they go into the ground so there will be further evolution of the product during that time. Stage one is get the density decided on, get the lot sizes established, building materials finalized, and then get into the mix of units. Councilmember Holden stated there was a lot of positive at the open house but also a lot of negative. People couldn't get their questions answered, or get up to the boards to see them. There still hasn't been an Arden Hills open house to help answer questions and she thought it was important. She couldn't imagine they wouldn't want to bring the community along. The closest example she could give when asked about the lot sizes was Frogtown, that has 42 foot lots. Small lots create connection and sidewalks but also a lot of other issues. She wondered how close the houses would be to each other, and felt it was hard to support 1,960 when they don't know that. They should know the lot sizes and the costs before they sign on to anything. She wondered if they were sincere in having the open house to listen to what the people say or was it just an exercise? Isn't it morally responsible to be honest with the people at the meeting and say they don't care what they say they're going forward with it. Mayor Grant said he encouraged people to fill out the survey form, a number of them said they weren't going to fill it out because it was already a done deal and nobody would listen. He was asked where the plan the community created with 1,460 units, but a presenter said it was gone. It was disconcerting to him that they were responded to that way. He felt they community hasn't been able to come along with this project. Mayor Grant said as he understands it, Alatus needs to enter into an agreement with the County in order to buy the property, but they don't have to sell it to him. Mr. Lux explained the process would be to have the City and the County acting as the JDA do a third amendment to the preliminary development agreement. The amendment is in front of the County now. That will give them a period of time to re-establish terms of the land purchase. The term sheet is much more involved than dollars and cents and becomes a complicated document including what will be developed over what time period, what are the values that will be determined on the properties, work goals and sustainability goals. Mayor Grant felt they could be a welcoming community at 1,500, 1,700 or 1,900. Being a welcoming community wasn't attached to a specific number of units on a particular parcel of property. This will be a large development for a small community and the ability to be welcoming is more about character. The word morality has been brought up a number of times and whatever the number turns out to be, you could be moral in a variety of density levels; they're not being immoral if they don't require home ownership or advocate for home ownership. He saw a real divide at the open house, some people said the pictures are beautiful but he didn't know if they were on board. There were people that were on board and people that weren't. People want houses but there were also people interested in jobs on site. But sacrificing 32 acres of the business district is the very jobs people need to afford houses. Councilmember Fabel thought it was a wonderful open house and appreciated the efforts of everyone involved. It was important to know that the 1,460 number was the subject of a full scale public hearing in 2018 that included the master development agreement. A court order was ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 5 written in June resolving the lawsuit brought by the County against the City in an effort to terminate the agreement because the City was unwilling to compromise at the time. In that court order the judge described the public hearing "On September 4, 2018 the JDA held a meeting and heard public comments about the draft Master Development Agreement and Executive Summary. Most of the public comments addressed the need for higher density maximums or increased affordable options, in particular several entities wrote and spoke at the meeting to raise their concerns that the proposed Master Development Agreement failed to meet the City's and the County's legal obligations under the Minnesota Land Use Planning Act and that it presented potential liability issues for the County and the City under the Fair Housing Act." Councilmember Fabel said most of the people he had discussions with at the open house and most of them were favorably impressed with the proposal that had been brought in by Alatus. One person told him they didn't want any affordable housing in this area because that would cause riff-raff to move into Arden Hills. It concerns him that the sentiment lies behind some of the objections to the proposal. He looked up riff-raff and found it was people regarded as worthless, disreputable or of low social class. He didn't regard anyone that wants to get housing as disreputable, worthless of or low social class, no matter what status of housing they are seeking. He thought it was sad there are people opposed to the project because they are afraid of having riff-raff moving into Arden Hills. Councilmember Holden said as it seemed they were reliving the past, she heard during public comment that there were lengthy negations with the County but she didn't remember any lengthy negotiations with the County. There were many JDA meetings where the County didn't show up. The City always presented what their terms were. They agreed to one of the County's proposals during mediation but the County backed out of it. They met with Alatus, put another proposal together and Mr. Lux thought he could get the County to agree. They gave another term sheet and another proposal to the County, but the County never came to the table to negotiate or talk to the City, they only said they didn't like the revised term sheet. The lawsuit was settled and the summary judgement was in favor of the City, that we were negotiating in good faith. But they are back to the 1,460 instead of trying to move ahead they are so busy trying to belittle and beat everybody down on the past instead of trying to move forward and she didn't understand it. She could talk about the 1,460 and every meeting leading up to it, and about Mr. Lux in meetings in the basement and on and on. Was that what they were going to do? Mayor Grant asked if the offer put together was in writing from the County. Mr. Lux said it was not. They had conversations about it but not a written proposal. He did believe the term sheet would be accepted but it was not. Councilmember Monson said she would try to focus her comments on the 1,960 and what happened at the open house. She thought it was a fantastic turnout and well run although people had to be patient to ask questions. She had a lot of positive conversations with everyone supportive of 1,960. The bigger question was what kind of housing; can we build new houses at $350,000. Everyone seemed excited about the energy vision and she was happy to hear that support. Some people want to know all the details but they won't have them until the development agreement has been approved and a plan proposal comes before the JDA and Planning Commission. She noted the younger generation has different views on what they want, where ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 6 they live and how they get around. They are building for a broad vision and the future, not for just one person's particular preferences. Councilmember Monson was glad the JDA was on the path to getting traffic concerns cleaned up. She would be happy if they found a third entrance. She didn't want to lose the opportunity for a grand view because somebody is worried about traffic on Hwy 96 and other cities are building whatever they want on Hwy 96. She is interested to get the studies back, see what the County says about Hwy 96. She continued to support 1,960 units. If they continue to delay it's going to cost more so she supported moving it to the Planning Commission for approval. Councilmember Fabel said when the reconstituted JDA started meeting in January they resolved to look forward not back to the long-standing dispute between the City and the County. But he thought it was important to know what the court order said. He believed it was time to direct staff to move forward with 1,960 to prepare it for further consideration; moving on with the City Code and Comprehensive Plan. Councilmember Holden said the County didn't negotiate or talk to them, and wondered why he wanted to keep wasting time talking about the past. She wondered why no-one stood up at the open house and told the people it was going to be 1,960. Mayor Grant stated he graduated from Chaska High School in 1975, the class motto was "My interest lies in the future because that's where I'm going to spend the rest of my life." He suggested they stay focused on what they need to focus on. Councilmember Monson moved to affordability; currently the proposal is twenty percent of the units will be affordable at a price range of sixty percent of the Area Median Income (AMI) or less, she would like to consider going above the twenty percent and adding additional percentage to cover the sixty to eighty percent. Councilmember Holden said she didn't know why they were talking about affordable housing. They do zoning as a city, they don't have a say in how much of it is affordable. Councilmember Rousseau apologized for the harsh comments between Councilmembers. She felt the open house was professionally done and well attended. Losing the flex office space wasn't an issue for her, her bigger concern was to have room for remote workers to office from home. She noted that with the military acreage next door they will never have traditional traffic patterns in this location. Mayor Grant agreed with Councilmember Holden's statement that they zone property and aren't in the affordability business. He wondered if the County would put affordability into the term sheet with the developer. Mr. Lux said the term sheet will be between Alatus and the JDA. Affordability and sustainability will be in the term sheet. Lot sizes and building materials will be controlled by the City. Mayor Grant asked if there was any intent to ask for TIF financing for any part of the project. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 7 Mr. Lux replied they don't have the economics worked out to know whether or not it will be necessary. He suggested the City Council, school district and County be open the tax increment financing. He's not asking for it now, but he won't take it off the table at this point. Mayor Grant said it's important to know the financials are a work in progress and if TIF were included the financials could be substantially impacted. Councilmember Holden asked at what point does an affordable house only pay 25% of their property taxes. City Administrator Perrault said 60% of AMI and below with 4(d) tax credits. Councilmember Holden thought they should know what the cost of that would be to the City. They have a substantial number of homes that will only be paying 25% of their property taxes, and they would be in the hole for many years. If they add more houses that don't pay property taxes, along with TIF, where would the money come from to pay for the development? Councilmember Monson said the 60-80% is full property tax. Mr. Lux said 80% units in Arden Hills is pretty much market rate. Councilmember Rousseau said when she thinks about affordability she wonders if people have to think they would have to turn down a promotion at the risk of losing their housing because they make too much money. Is there a spot where someone can have a 70% AMI and still be in Arden Hills? Councilmember Holden stated most cities have a list of requirements before they put in affordable housing. What guarantee is there that there will be a grocery store for those people? There won't be public transit. Small retail businesses only last 4-5 years. With the number of people and the lack of retail jobs that's a concern. Mr. Lux explained they are currently in discussions with groceries, so he's not concerned about getting a grocer in. Mayor Grant said in terms of affordability he would say 20% overall; take some at 60 and some at 80, rather than add to it to take the total to 22%. The county said something about 30% AMI but they hadn't seen any numbers to support how many units that would be. He was surprised at the open house that there were requests for gas stations. Mayor Grant stated he was a big proponent of commercial, he thought it was better for the individual and the City, perhaps even better for the developer. He thought the County was in favor too. Councilmember Rousseau liked the idea of building equity but wondered what the cost difference between a rental and home ownership was for the City. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 8 Mr. Lux explained that the cost of building a 200-300 unit project starts at about $275,000 per unit. The affordability depends on how you layer on the programs. The single family side is a challenge because of current costs. Councilmember Rousseau asked why they wouldn't want to do 100% of those as ownership, what was the benefit or negative of doing that? Mr. Lux said the challenge as a developer in multi -family, multi -story home ownership (condo) is that you open yourself up to litigation for a 10 year period. The market has pretty much stopped building wood framed multi -family condos. Concrete prices have gone up and continue to go up, while wood is starting to settle down. The pricing would have to start more in the $700,000 range and that would be a challenge. The City will be zoning for density, and the JDA will give guidelines within the term sheet regarding home ownership and for rent products. Mr. Stutz said from the for -sale side they build a number of products that didn't exist when they started discussions a few years ago; single family build to rent. The cost of building them is no different than if it were a for -sale so for tax purposes it probably wouldn't be any different. Until the recent interest rate increases people were actually paying more for rent than if they owned the home. Councilmember Rousseau asked if building equity would stop people from being on affordable homes programs. Mr. Stutz replied they are anticipating having some long term affordability covenants as it becomes problematic with for -sale properties versus rental which is fairly specific. Councilmember Monson said the County has down payment programs too. Councilmember Rousseau said it was a big difference to go from 65% AMI to 80% to market value. Mr. Stutz thought rentals were easy to figure out, for sales were more of a challenge because they actually own the property and have a right to sell it. Covenants may restrict what they can sell it for, but those details need to be worked through in the case of a for sale affordable unit. Councilmember Fabel said his understanding of the subsidy is that it goes to the individual, they get assistance from programs that helps them buy into the house, and the affordability doesn't follow the house, it follows the individual. Similar to first time home buyer assistance. Councilmember Holden felt they should go as high as they could with home ownership. The 1,460 didn't have rental houses in the plan. It's a lot easier to be part of a community if you're an owner. Mayor Grant said in regard to schools, it seemed to him if you asked the school district if they have the resources they're going to say yes. He thought from the school district's perspective they probably didn't have to worry about it for ten years. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 9 Councilmember Fabel said he was contacted by a school board member who told him they affirmatively support the greater density as they want more students. A lot of districts are losing students which means they lose money for the district. Mounds View would like to have more assurance that down the road they won't be in that situation. Councilmember Monson had a conversation with the school district superintendent and she thinks they are waiting until there is a solidified number but in the last referendum they built up capacity assuming TCAAP at 1,460. Their conversation was around the types of housing, if they add single family homes they will get more children but multi -family homes wasn't a concern. Arden Hills is just one piece of the puzzle for what the district has to do to provide for the students. She felt comfortable knowing the past referendum had adjusted for 1,460. They also talked about affordable housing and children that don't have stable housing. Councilmember Holden said the school board has been surprised at the number of market rate apartments going in in Shoreview. She felt good jobs were important so parents didn't have to work multiple jobs and could be involved with their kids. She thought that was as important as having a place to live. Mayor Grant felt there needed to be a bus line to serve the population in the 30% AMI units. Ideally he'd like the Met Council to step up to the plate. Sixty percent AMI gives you a lot more flexibility of what you can afford in terms of transportation. Councilmember Fabel said someone from Met Council may come to talk to the City Council, and he agreed mass transit would be the right thing to have. Mayor Grant added they have requested it from Met Council over and over again. Councilmember Rousseau said she'd love to add Metro Transit as a sub -item to the TCAAP discussion at a future work session and getting a representative to talk with them. Councilmember Monson wondered how they could plan and overlap some of the ordinance work for the City and the sustainability efforts for TRC, such as EV's and homes being EV ready. Mayor Grant said the City has been close to having some EV charging stations but the vendor pulled out, but they need to tackle that issue. Councilmember Holden said that making homes EV ready adds cost to them. One of the concerns she had was the IandI and people's sewers running into their yards and going into the lakes. Mounds View makes people get their lines televised before they can sell. She wasn't sure if she wanted to do that, but she thought they should do something. Councilmember Monson thought they could put sustainability topics and climate action plan back on the list for a work session. Councilmember Fabel noted that the more people available to ride, the more likely mass transit come in, so the 1,960 is much more likely to provide ridership. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 10 Councilmember Holden said she would like to believe that but after dealing with Met Council in the past she wasn't sure. Mayor Grant asked if they wanted to have a City open house to get resident feedback. Councilmember Monson felt directing staff to pursue 1,960 is where they should start because there is a public hearing coming up with the Planning Commission that they can tie into. A separate open house is a significant undertaking, and there were a lot of people that came to last night's open house. Councilmember Holden wondered why anyone would come to give their opinion when the 1,960 was already decided. The current Council didn't have a culture to listen to residents. Councilmember Rousseau was in favor of setting the maximum at 1,960 and sending it forward to the Planning Commission. Councilmember Fabel agreed they should have staff start to prepare the necessary amendments to the TRC and Comprehensive Plan for consideration down the road. He also agreed people could come to the Planning Commission meeting for the public hearing. Mayor Grant felt a Planning Commission public hearing was entirely different from an open house. He didn't feel they were bringing the community along. They haven't received results from the questionnaire last night to know what people thought and said. That didn't mean staff couldn't work on it, but it sends a bad message when you have an open house and have a special work session without results from the open house. Councilmember Holden would like to know if the JDA chair would attend the Planning Commission meeting. She didn't see how he could be on the Planning Commission that evening. Councilmember Monson wondered if staff could advertise the Planning Commission meeting in a way other than normal. City Administrator Perrault said they could put it on the website and social media channels in a more obvious way. Councilmember Holden thought they should send a postcard to residents. The open house was in the newsletter but she though residents weren't given enough notice. City Administrator Perrault said the next newsletter was already at the printer but they could try to get something in it, or send a postcard if that fails. Councilmember Fabel felt the newsletter was the established mechanism of communication with residents from the Council. After further discussion on timing, it was determined to see if something could be added to the next newsletter, or possibly as an insert, and if not then a postcard. Mayor Grant directed staff to work on zoning changes on TCAAP as they have time. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 11 Community Development Director Jagoe said they were waiting on a final budget and then they would go into the RFP process in the first quarter of 2024. She didn't think they would start on ordinance work until 2024. City Administrator Perrault added that if the EAC uses an energy consultant that could drive more changes to the TRC and potential city-wide changes. City Administrator Perrault stated his understanding is to move the language forward to the next available Planning Commission and advertise the public hearing so the public can provide comments in lieu of a separate public engagement event. Councilmember Monson reviewed the comments she would be taking back to the JDA. 4. COUNCIL/STAFF COMMENTS Councilmember Monson said when people ask her what's been done and why is this different versus the past, she describes it as the new JDA carrying water the last mile; all of the work was done by past Councils. She wanted them to know that she acknowledges that. Councilmember Rousseau asked if bid bonds will be required for contractors. Mr. Lux replied yes, for public utility work. But typically not for other buildings/single family homes, as the high percentage of the workers are union workers. Councilmember Rousseau asked what happens if Mr. Lux retires during the process and who would carry this forward. Mr. Lux said they have a capable team of 12. There is also plenty of support at the builders. Councilmember Holden asked who would be the management in the future, do they need to write something in the documents that there would be a responsible management company over the rentals. Mr. Lux said they don't self -manage, they use a national firm called Gray Star. Councilmember Fabel was hopeful they could incorporate Habitat for Humanity into the construction process. Mayor Grant said there was a program offered by the Met Council regarding water conservation for smart irrigation systems that was discontinued in 2023. The program will be back in 2024 so he will be asking staff to look into it. City Administrator Perrault stated he had sent an email regarding the Council retreat contract. Councilmember Monson asked when an inquiry regarding TCAAP comes in to the City Council from the press, how do they manage answering the questions? She assumed it would be one person from the JDA and the Mayor that would respond. ARDEN HILLS CITY COUNCIL WORK SESSION — NOVEMBER 2, 2023 12 Mayor Grant said they could discuss that at a future work session. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 7:53 p.m. Jolene Trauba Deputy City Clerk David Grant Mayor CONSENT ITEM 8A ARZEEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2023 Payroll #23 Paid Claims - 11/04/2023-11/17/2023 (Check Nos. 52234-52267 and ACH Checks) Total Payroll $131,995.50 $131,995.50 $530,777.17 Total Accounts Payable $530,777.17 Total Claims $662,772.67 CITY OF ARDEN HILLS PAYROLL # 23 CHECKS DATED: Biweekly: 11/10/23 10/21/23 - 1/03/23 EMPLOYEE DEDUCTIONS I AMT. I CITY BENEFIT I Payment Method FIT 8,501.05 EFT FICA Oasdi 5,465.64 5,465.64 EFT FICA Medicare 1,278.25 1,278.25 EFT SIT 3.655.65 EFT & Premium al Premium Health Care Reimb. Dependent Care Reimb. 'AL FLEXIBLE SPENDING AL HEALTH SAVINGS ral Pension Fund -Union State Retirement Svsterr ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Union) OTAL VOLUNTARY 95.88 0.00 0.00 1,940.27 957.69 957.69 4,883.83 2,033.08 1,401.60 500.00 40.44 9.40 1,359.08 32.00 140.00 1,603.68 Total Employee Deductions 32,220.74 Net Payroll 0.00 Direct Deposit 59,314.86 Gross Payroll Tie -Out 91,535.60 Plus City Paid Benefit 40,459.90 TOTAL PAYROLL COST 131,995.50 FICA TIE -OUT Gross Payroll 91,535.60 Less Total FSA 1,940.27 Less Total H.SA 957.69 Less Voluntary Ins 32.16 Less Non Taxable Tech Reimb 450.00 Net P/R Subject to FICA 88,155.48 FICA Oasdi @ 6.20% 5,465.64 FICA Medicare @ 1.45% 1,278.25 115.29 A/P Check* 789.90 A/P Check* A/P Check* A/P Check* 1,625.00 I EFT 635.20 EFT 447.42 EFT A/P Check* EFT EFT 103.20 IA/P Check* 103.20 A/P Check* A/P Check* A/P Check* A/P Check* EFT Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 11/21/2023 3:54 PM r` EN HiiLLs Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 11/10/2023 3100190 October Locates 74.70 3100190 October Locates 74.70 3100190 October Locates 74.70 Total for this ACH Check for Vendor 0189: 224.10 ACH 0192 GRAINGER INC 11/10/2023 9892565483 Gloves 28.26 9892565483 Wrench 41.79 9893399668 Batteries 196.19 Total for this ACH Check for Vendor 0192: 266.24 ACH 0242 MET COUNCIL ENVIRON SERVICES-S. 11/10/2023 11012023 October 2023 SAC-323.05 11012023 October 2023 SAC 32.305.00 Total for this ACH Check for Vendor 0242: 31,981.95 ACH 0292 OXYGEN SERVICE COMPANY INC 11/10/2023 0003568823 October Rental 35.32 Total for this ACH Check for Vendor 0292: 35.32 ACH 0327 STAPLES INC 11/10/2023 3549708180 Supplies 58.20 3549708180 Supplies 28.98 3549708181 Supplies 17.69 3550184299 Supplies 16.47 3550184299 Supplies 50.07 3550253327 Supplies 204.69 Total for this ACH Check for Vendor 0327: 376.10 ACH 0382 MISSIONSQUARE #106944 11/10/2023 PR 23-23 PR Batch 00001.11.2023 ICMA Employer Perce PR Batch 00001.11.2023 ICM 447.42 PR 23-23 PR Batch 00001.11.2023 ICMA Employee Perce PR Batch 00001.11.2023 ICM 387.76 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 11/10/2023 PR 23-23 PR Batch 00001.11.2023 ICMA Employee Dedu PR Batch 00001.11.2023 ICM 1,400.00 PR 23-23 PR Batch 00001.11.2023 ICMA Employee Perce PR Batch 00001.11.2023 ICM 245.32 Total for this ACH Check for Vendor 0387: 1,645.32 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 11/10/2023 11231067 Janitorial Services -October 1,554.58 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 10476: 1,554.58 ACH 10497 CINTAS CORP 11/10/2023 5181858572 First Aid 13.02 5181858572 First Aid 70.78 Total for this ACH Check for Vendor 10497: 83.80 ACH 11107 GAYLE BAUMAN 11/10/2023 231103 2024 Budget Work 600.00 Total for this ACH Check for Vendor 11107: 600.00 ACH 2851 MC TOOL & SAFETY SALES INC 11/10/2023 018014 Safety Jacket & Rainsuit-MB 123.50 Total for this ACH Check for Vendor 2851: 123.50 ACH 4889 COMMUNITY FOOTWORKS 11/10/2023 11012023 November Footcare Clinic 296.00 Total for this ACH Check for Vendor 4889: 296.00 ACH 5173 BADGER METER 11/10/2023 80142834 Beacon & LTE Sery Units -October 638.91 Total for this ACH Check for Vendor 5173: 638.91 ACH 7025 ON SITE COMPANIES -OSSTC INC 11/10/2023 0001628793 Restrooms 10/28-11/24 613.00 0001636691 Restrooms-Credit -204.00 Total for this ACH Check for Vendor 7025: 409.00 ACH 7501 KELLY & LEMMONS PA 11/10/2023 61759 October Prosecution 5,074.33 Total for this ACH Check for Vendor 7501: 5,074.33 ACH 8032 PACE ANALYTICAL FIELD SVC INC 11/10/2023 1223-7728 October Drinking Water Survey 1,271.00 Total for this ACH Check for Vendor 8032: 1,271.00 ACH ALPI ALLEGRA PRINT & IMAGING INC 11/10/2023 110923 Winter Rec Guide Postage 946.05 Total for this ACH Check for Vendor ALPI: 946.05 52234 10483 CENTRAL PENSION FUND 11/10/2023 401333.1023 Apprenticeship -October 280.00 Total for Check Number 52234: 280.00 52235 1033 COMCAST 11/10/2023 101030.1123 Service 11/3-12/2 108.35 Total for Check Number 52235: 108.35 52236 10218 HR GREEN INC 11/10/2023 168541 Arden Manor -October 2,430.87 168541 Floral Park -October 5,391.25 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52236: 7,822.12 52237 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSI 11/10/2023 13P3.1223 December Insurance 11,360.00 N134.1223 December Insurance 1,602.00 Total for Check Number 52237: 12,962.00 52238 0495 LAKE JOHANNA FIRE DEPARTMENT I 11/10/2023 886 Cap Exp-Ice Machine 1,279.86 889 Cap Exp-Security Access & Cameras 18,528.98 892 2023 Cap Equip -Graphics 3,675.74 895 2022 Cap Equip -Tahoe 20,321.58 Total for Check Number 52238: 43,806.16 52239 10448 MARCO TECHNOLOGIES LLC 11/10/2023 514606862 Copier 11/25-12/25 35.36 514606862 Copier 11/25-12/25 200.35 Total for Check Number 52239: 235.71 52240 10523 METRO-INET 11/10/2023 1554 IT Support -November 8,838.00 Total for Check Number 52240: 8,838.00 52241 10286 MINNESOTA OCCUPATIONAL HEALTF 11/10/2023 441299 Drug Screen 199.00 Total for Check Number 52241: 199.00 52242 2732 MINNESOTA WISCONSIN PLAYGROUP 11/10/2023 2023554 Arden Manor -Install Shelter 13,319.00 Total for Check Number 52242: 13,319.00 52243 NSCC NORTH SUBURBAN COMMUNICATIO] 11/10/2023 2023-627 Q4 2023 Contribution 6,296.90 Total for Check Number 52243: 6,296.90 52244 SRFC SRF CONSULTING GROUP INC 11/10/2023 16750.00-5 Highwya 10 Trail -October 21,374.21 Total for Check Number 52244: 21,374.21 52245 UB*00678 TRAVIS or JENNA TOTZ 11/10/2023 110823 Reissue Refund Check 012701-000, 1748 Lake 8.97 Total for Check Number 52245: 8.97 Total for 11/10/2023: 161,611.80 ACH 0192 GRAINGER INC 11/17/2023 9898045829 Magnet 31.52 9898045837 Tractor Plus Light 266.56 9899790415 Heat Gun and Pintle Hook 277.91 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0192: 575.99 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 11/17/2023 0001164307 December Waste Water 70.447.39 Total for this ACH Check for Vendor 0243: 70,447.39 ACH 0285 XCEL ENERGY 11/17/2023 851006575 Service 9/14-1/15 1,809.35 851006575 Service 9/14-1/15 1,784.24 851006575 Service 9/14-1/15 657.77 851006575 Service 9/14-1/15 56.72 851006575 Service 9/14-1/15 1,976.75 851006575 Service 9/14-1/15 1,265.90 851006575 Service 9/14-1/15 233.01 Total for this ACH Check for Vendor 0285: 7,783.74 ACH 0320 HEALTH PARTNERS INC 11/17/2023 009596750952 December Insurance 14,703.15 009596750952 December Insurance 876.36 Total for this ACH Check for Vendor 0320: 15,579.51 ACH 0327 STAPLES INC 11/17/2023 3550642573 Supplies 12.39 3550642574 Supplies 8.39 3550642575 Supplies 84.14 3550642575 Supplies 78.18 3550911248 Supplies 69.99 Total for this ACH Check for Vendor 0327: 253.09 ACH 0453 CONTINENTAL RESEARCH CORP 11/17/2023 0049169 Cleaning Supplies 687.00 Total for this ACH Check for Vendor 0453: 687.00 ACH 0922 NINENORTH 11/17/2023 2023-194 10/2 JDA Minutes 180.00 2023-194 Audio Visual October 1,017.83 Total for this ACH Check for Vendor 0922: 1,197.83 ACH 10363 MINUTE MAKER SECRETARIAL 11/17/2023 M1776 Oct 23 CC Meeting Minutes 250.00 Total for this ACH Check for Vendor 10363: 250.00 ACH 10442 SPRINGBROOK HOLDING COMPANY] 11/17/2023 INV-014883 2024 Maintenance Agreement 4,257.53 INV-014883 2024 Maintenance Agreement 7,674.04 INV-014883 2024 Maintenance Agreement 7,674.04 INV-014883 2024 Maintenance Agreement 7,674.04 INV-014883 2024 Maintenance Agreement 4,257.53 Total for this ACH Check for Vendor 10442: 31,537.18 ACH 1252 CAMPBELL KNUTSON -ATTORNEYS 1 11/17/2023 3231G-1023 October Legal 3,952.28 3231G-1023 October Legal 708.50 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 3231G-1023 October Legal 130.50 3231G-1023 Oct Legal-PC23-017 #715 87.00 Total for this ACH Check for Vendor 1252: 4,878.28 52246 UB*00702 TOM BLOMBERG 11/17/2023 Refund Check 013167-000, 1393 Arden View D 59.28 Total for Check Number 52246: 59.28 52247 SHORE CITY OF SHOREVIEW-PARKS & RECR 11/17/2023 AS111323 After School Sports Instructor 187.00 Total for Check Number 52247: 187.00 52248 1033 COMCAST 11/17/2023 98681.1123 Service 11/5-12/4 111.52 Total for Check Number 52248: 111.52 52249 10244 COMCAST BUSINESS INC 11/17/2023 186507314 November Service 506.14 Total for Check Number 52249: 506.14 52250 10511 CUSTOM TRUCK ONE SOURCE 11/17/2023 1000095611 Crane Truck 72,205.00 Total for Check Number 52250: 72,205.00 52251 6954 EMERGENCY APPARATUS MAINTENA 11/17/2023 129962 DOT Inspection #85124 Retest 176.58 129963 DOT Inspection #85123 Retest 353.16 Total for Check Number 52251: 529.74 52252 0176 FRATTALLONES HARDWARE INC 11/17/2023 D62738/A Supplies 20.87 Total for Check Number 52252: 20.87 52253 1193 FURTHER INC 11/17/2023 16700615 Participation Fee -November 56.25 Total for Check Number 52253: 56.25 52254 UB*00703 Todd & Kaye Grossmann 11/17/2023 Refund Check 000923-000, 1498 Arden View E 588.46 Total for Check Number 52254: 588.46 52255 10556 INNOVATIVE OFFICE SOLUTIONS LLC 11/17/2023 IN4375401 Supplies 310.28 Total for Check Number 52255: 310.28 52256 0390 INT'L UNION OPERATING ENGINEERS 11/17/2023 1200.1123 November Dues 280.00 Total for Check Number 52256: 280.00 52257 10330 KLEIN UNDERGROUND LLC 11/17/2023 57384 Manhole Restoration-Northwood/Red Fox 6,363.50 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52257: 6,363.50 52258 2732 MINNESOTA WISCONSIN PLAYGROUP 11/17/2023 2023588 Floral Park -Install Play Equipment 15,210.00 Total for Check Number 52258: 15,210.00 52259 10533 MKC INC 11/17/2023 2023-10 CDBG-October 910.00 Total for Check Number 52259: 910.00 52260 UB*00701 MT HOLDINGS Il LLC 11/17/2023 Refund Check 012935-000, 1174 Edgewater Av 30.00 Total for Check Number 52260: 30.00 52261 1208 PREMIUM WATERS INC 11/17/2023 613317-10-23 October Water 76.68 Total for Check Number 52261: 76.68 52262 10471 RAINBOW TREECARE 11/17/2023 471709 EAB Tree Treatment 8/3/2023 4,367.20 Total for Check Number 52262: 4,367.20 52263 0811 RAMSEY COUNTY 11/17/2023 EMCOM-011232 Fleet Support -October 24.96 EMCOM-011268 CAD Services -October 800.84 EMCOM-011284 911 Dispatch -October 4,927.26 SHRFL-002188 Law Enforcement -November 120,856.63 Total for Check Number 52263: 126,609.69 52264 7064 ROTARY CLUB OF ARDEN HILLS-SHO 11/17/2023 2411 Q4 2023 Dues 127.50 Total for Check Number 52264: 127.50 52265 0336 T.A. SCHIFSKY & SONS INC 11/17/2023 69801 Aggregate Puchases 10/15-10/21 1,074.15 69829 Aggregate Puchases 11/22-10/28 1,221.22 69855 Aggregate Puchase10/29-11/4 1,225.84 Total for Check Number 52265: 3,521.21 52266 3099 TRI STATE BOBCAT INC-LITTLE CANT 11/17/2023 A28243 Rims 3,565.05 Total for Check Number 52266: 3,565.05 52267 9755 VERIZON CONNECT NWF INC 11/17/2023 OSV000003177718 October Service 339.99 Total for Check Number 52267: 339.99 Total for 11/17/2023: 369,165.37 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Report Total (61 checks): 530,777.17 AP Checks by Date - Detail by Check Date (11/21/2023 3:54 PM) Page 7 CONSENT ITEM — 8B ,-ARZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Perry Park Pavilion Roof Replacement - Steel Budgeted Amount: Actual Amount: Funding Source: $30,000 $34,150.50 PIR - Parks Council Should Consider Motions to approve, table, or deny the following: • Steel roofing quote from Minnesota Roofing Company in the amount of $34,150.50 to replace the Perry Park Pavilion roof. Background/Discussion Replacement of the existing Perry Park Pavilion roof is budgeted in the 2023 CIP. On November 13, 2023 City Council provided direction to move forward with the steel roofing material. On November 14, 2023 the PTRC discussed color choice for the steel roof, they made the decision to take a vote for their personal color choice, some members chose not to vote. Ultimately, a single color was not chosen but a 3-way tie was between brown, evergreen and gallery blue as seen in Attachment B. City staff recommends moving forward with brown as it matches the existing roof color at the Perry Park pavilion. Council may decide to pull this item to discuss if they feel different. City staff received quotes for the steel roofing material from 4 different contractors. Minnesota Roofing Company came in the lowest at $34,150.55 for steel (Attachment A). City staff recommends approving the quote. The contractor has indicated that construction would begin in the Spring of 2024 at the approved quoted price. Page 1 of 2 Budget Impact The quote for steel is $4,150.50 over the budgeted amount. Attachments Attachment A: Steel roof quote Attachment B: PTRC color choice votes Page 2 of 2 Attachment A MN Roofing 2023 1071 County Hwy 10 Ste # 230 Spring Lake Park, MN 55432 Phone: (612) 888-7663 Company Representative Andy Kretschmar Phone: (320) 360-2299 andy@mnroofingco.com Jennifer Shull City of Arden Hills 3700 New Brighton Road Arden Hills, MN 55112 (651)792-7850 Steel Roofing Section Minnesota Roofing Company to do the following: Job: Jennifer Shull 11 /21 /2023 Claim Information 1. Remove existing shingles down to deck. 2. Re -nail any loose wood. If bad, rotten or un-nailable surface is discovered, it will be replaced at a price of $150 per sheet (per approval along with a signed change order from homeowner). 3. Install High Temp synthetic underlayment to the balance of the roof. 4. Install MidWest Metals starter strip shingles along all gutter lines, rake edges, and valleys. 5. Install MidWest Metals exposed fastener standing seam, 29 gauge steel roofing system. 6. Install MidWest Metals for the hip & ridge. 7. Install new metal ridge vent. 8. Install new plumbing flashing (if needed). Note: There may be more issues to the roofs structure/condition that are not yet known. Due to this fact, there may be a price increase to this estimate for additional materials, labor, fees etc. Note: There may be a need for decking replacement on sections of structure(s) or on entire structure(s) due to damaged/compromised material(s) and/or to meet current code/law requirements. Replacement is $150/sheet. This step will be communicated and discussed with homeowner before moving forward. - Any/all added change orders will add to the total price of the job(s). Any/all added change orders will be communicated and discussed with homeowner before moving forward. Our crews may come across unforeseen obstacles and encounters with materials that may add to the job(s) and the total price of the job(s). This may also delay the completion date for the job(s). Minnesota Roofing Company will honor the price for a period of 15 days from the submitted date. Minnesota Roofing Company to offer 20-year manufacturer's warranty on roof. Minnesota Roofing Company to install all new roofing per the insurance scope of work and for the insurance proceeds. Homeowner to pay deductible only. If any change order or supplements are needed proceeds will go to MN Roofing Company. -Our crews are licensed and insured. -Crews will maintain safety requirements at all times during the construction process. -Crews clean all job -related debris. `The price below reflects a cash price. 'Price includes all labor, material, dumpster, and permits. 'All promotions and discounts are applied. 'This estimate does not include any woodwork. 'If any woodwork is needed, a change order will need to be approved and signed by the homeowner. 'This estimate is based on one layer of shingles. 'If additional layers of shingles are discovered, a change order will need to be approved and signed by the homeowner. - WE ARE NOT RESPONSIBLE FOR ANY EXISTING LEAFILTER, GUTTER HELMET or any other special gutter cover you may have on your gutters. It is up to the customer to have the company that installed them to remove them before the roofing takes place to keep the warranty valid. $34,150.50 TOTAL $34,150.50 1. Contract Documents and Changes. This contract is subject to approval of Minnesota Roofing Company, management who may decline this contract prior to the start of work. This contract merges all agreements between the parties; any representations not written into this contract are not included. Contract documents consist of this contract, addenda, change orders, applicable drawings, plans and specifications. Any alteration or deviation from this contract, including hidden damage, additional work, replacement of deteriorated materials not specified for replacement under this contract including deteriorated decking, fascia boards, ventilators, flashing or any other materials, and additional work required by government inspectors to make the existing structure code compliant requires a written change order signed by all parties and may result in extra charges beyond the contract price. 2. Mechanic's lien rights. Minnesota requires us to provide you with the following notice. a. Any person or company supplying labor or materials for this improvement to your property may file a lien against you property if that person or company is not paid for the contributions. b. Under Minnesota Law, you have the right to pay the persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion under the improvement unless we give you a lien waiver signed by persons who supplied labor or material for the improvement and who gave you timely notice. 3. Warranty Rights. In addition to any written warranty we may provide you, you acknowledge receipt of a copy of the warranty provided pursuant to Minnesota Statutes Chapter 327A which may also apply. We hereby disclaim all warranties, express or implied, contract claims, negligence claims, and all other claims for which you have not provided us with written or actual notice within six months from the date of the discovery of the problem and which have not been fully resolved within six months from the date you notified us of the claim. 4. We are not responsible for any cracks in walls or ceilings, or objects like lite fixtures, wall hangings and so forth that may fall or become disabled during this project. We will take into consideration surroundings, such as trees, bushes, flowers, however Minnesota Roofing Company cannot guarantee the surroundings will not be damaged during the construction< you agree to hold us harmless. 5. Owner agrees that in the event payment for said construction is not made promptly when due, there is a payable interest of 1 ''/2% per month (annual percentage rate of 18%) unless other arrangements are made. The will also be due a service charge of $10.00 per month on over due accounts. In the event contractor must engage the services of an attorney to enforce this contract, or to collect any sums due hereunder, or to enforce contractor's rights, Owner agrees to pay any and all reasonable attorney fees thereby incurred by the contractor. The final payment in full shall not be delayed while waiting for city to inspect the work. 6. Contractor guarantees workmanship for ONE (5) year on replacement or new buildings construction services, one (1) year one concrete and one (1) year on repairs, but will not be liable for the cost and expense of making the necessary repairs of damages resulting from inherent defect in premises on which work is to be done, nor from acts of God, civil commotions or disorder, fire strikes, accidents, storms severe weather conditions or from other causes beyond reasonable control of the contractor. This warranty is in lieu of all other warranties of merchantability or fitness either or implied. Any repairs or modifications to the specified work done by anyone other than Minnesota Roofing Company will void any and all warranties. WE are not responsible for realignment of you satellite dishes. 7. Access. We are not responsible for ice dams that build on your roof during the winter and that may cause interior leakage. It is solely the homeowners responsibility to have all the snow removed from their roof to help prevent ice dams. We are not responsible for any, dips, cracks, scrapes or any other kind of damage to the sidewalks, patios & driveways. 8. Performance Guidelines. Contractor agrees to complete the work set forth in this contract in accordance with manufacturer's specifications for the installation of all the materials and all applicable construction codes, which are Minnesota Roofing Company "Performance Guidelines". You acknowledge receipt before signing this contract of these Performance Guidelines as required by Minnesota Statute 326B.809 (b). 9. Insurance. Prior to construction, you shall have in place insurance to cover the finished cost of improvements 10. Cancellation. If prior to our performance of work you cancel this contract without legal right to do so, we will be entitled as liquid damages (and not as a penalty) to our actual costs incurred (including restocking charges) plus 25%of the contract price. After our work has begun, you are responsible for the entire contract price. YOU ACKNOWLEDGE RECEIPT BEFORE SIGNING THIS CONTRACT OF THE CANCELLATION NOTICES REQUIRED BY MINNESOTA STATUTES 326B.811. 11. Ice and Water Shield. After removing the roofing, there may be existing Ice and Water Shield that cannot be completely removed, (unless the decking is torn up. There will be additional funds above and beyond the existing contract and a signed change order between both parties), we will install a new layer of Ice and Water shield over the existing. 12. Pre -Existing Roof/Sheathing/Trusses/Soffit/Fascia/Siding/Windows/Gutters/Decks or house settling and or structural issues such as roof line not being completely level, decking being warped, Soffit being uneven, Fascia being unleveled, trusses being warped and or house settling making uneven plane plumb and leveling of the structure. If ignored it may result in the material not being completely flat, plumb, level or flush, Unless specified in the contract in the to do any of the following woodwork. Minnesota Roofing Company is held harmless for this pre-existing issue. 13. Minnesota Statutes Section 325G.06. You may rescind as set forth in the Notice Of Cancellation. You, the buyer, may cancel this purchase at any time prior to midnight of the third business day after the date of this purchase. Any extra material is the property of Minnesota Roofing Company Company Authorized Signature Customer Signature Customer Signature Date Date Date Ash Gray Crinkle Black Crinkle Burgundy Crinkle Burnished Slate Crinkle Charcoal Crinkfe Green Crinkle Brown Crinkle Rural Red Crinkle LM Taupe Crinkle Copper Metallic Black Tan o m a) o C: o U O i LM Q ¢ J 1 Attachment B OP COAT I PBIMER COAT SFJ+LEB COAT ZINC PRE-TREATMENT �ll MtTA SUBSTRATf BARE STEEL �1 �V p, �J V BACKER COAT .""'(Galvanized Acrylic) i PRIMER COAT contains a non -zinc SEALER. pre-treatment layer i COAT ZINC POE-TRENRAENT MEfALSUBSTRATE Protect your brand srrvn�-wuw�e -' �.} � N�il.iil iMi'�. �ounn�.saxa�wl�A gywlly. ri�xL.e II•,e •inf•. J:��"i.. f�:r. l:a,n.y:rr} •eaeum These color samples are as dose as possible to actual colors offered, within the fimits of color chip reproduction. SHERWIN-WILLIAMS. Coil Coatings UNITED STEEL SUPPLY c m � a� o a � 21 O H m` w' > Ash Grav Pewter Gray Charcoal Dark Gray Burnished Slate Ocean Blue 0 Gallery Blue 0 Brick Red 0 Dark Red Rural Red 0 Brite Rdd Burgundy Bench Handout CONSENT ITEM—8C 'It EN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Hiring of Finance Director Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve,table, or deny the following: • The hiring of a Joua Yang to the position of Finance Director at Grade 20 Step 6, at Year 0 on the PTO scale with a bank of forty hours of PTO, all other normal City benefits apply. Discussion The City has a vacant Finance Director role, following a recruitment process, Joua Yang has been selected for Council consideration. She comes with government finance experience following roles with Ramsey County and Washington County; prior to these roles she worked in finance positions in the private sector. Budeet Impact This role is currently budgeted for and this hiring will not adversely affect the budget. Attachment N/A Page 1 of 1 PUBLIC HEARING — 10A ,-ARZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Holding a Public Hearing regarding delinquent utilities. Background Water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Page 1 of 1 PUBLIC HEARING —10B 'It -fi` DEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Zoning Code Amendment — Ground -Mounted Solar Energy Systems in R-1, R-2, R-3, NR-1, NR-2, and NR-3 Residential Zoning Districts Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required public hearing for Planning Case 23-018, a proposal for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code ("TRC"), Subsections 5.1 Applicability in the NR-1, NR-2, and NR-3 Zoning Districts, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 C. Background In February 2023, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as well as outlined special provisions for Solar Energy Systems in the Conservation District. The request from Alatus was to establish a pathway for solar energy systems to be allowed as a principal use through the Conditional Use Permit Process. The Zoning Code Amendment was reviewed by the Planning Commission on March 8, 2023 and approved by the City Council on April 10, 2023. While the Solar Energy Systems definitions are applicable to City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 7 the City as a whole, the special provisions and CUP process for Solar Energy Systems were specifically established for the Conservation District. Solar Enemy Systems in Residential Districts In August, All Energy Solar contacted the City on behalf of Donald Wahlberg ("the Applicant") regarding provisions for ground -mounted solar energy systems in residential zoning districts. Staff conveyed that, at present, the City Code is absent of language permitting ground -mounted solar energy systems in residential zoning districts and that these systems are currently not permitted in the City outside of the Conservation District. Roof -mounted solar energy systems are permitted through the building and electrical permit application processes and administered according to the Minnesota Building Code. The Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states "Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." Staff conducted a survey of solar energy system ordinances in local communities to observe how other cities regulate ground -mounted solar energy systems. Ten of the 17 communities surveyed allow for ground -mounted solar energy systems as an accessory or principal use in single family residential zoning districts with a majority of these communities permitting proposed systems administratively. Staff also referenced the Minnesota Solar Model Ordinance prepared by the Great Plains Institute (Attachment C), which provides recommendations for local solar energy standards to create an as -of -right solar installation path for property -owners and to limit regulatory barriers to developing solar resources. Another reference was the Minnesota Building Code which includes provisions for roof -mounted solar energy systems. The ordinance examples of other cities, the model ordinance, and the state building code contributed to the draft ordinance language prepared by Staff which would establish ground -mounted solar energy systems as an accessory use in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts that can be approved administratively. The Applicant's proposed text amendments reference the screening of ground -mounted solar panels as a provision of approval. The ordinances of local communities and the Minnesota Solar Model Ordinance described various approaches to screening and visibility as it relates to community character. Five out of the ten solar ordinances referenced the screening, visibility, or aesthetics of ground -mounted systems. One of the ten solar ordinances referenced design standards for electrical lines accompanying a solar energy system. Below is some of the language used in the solar ordinances of these communities. - Mounds View - Ground -mounted SES [solar energy systems] shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. - Falcon Heights and Roseville - Solar energy systems using roof -mounting devices or ground -mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. - St Anthony Village - The supporting framework for freestanding solar energy systems shall not include unfinished lumber. Any lines accompanying a solar energy system, other than City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 7 those attached to on -site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a solar energy system can be attached. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. - North Oaks (drafted ordinance under consideration) - Ground Mounted Solar Energy Systems shall be designed to minimize visual impacts from the public right-of-way and adjacent property. A mix of deciduous and evergreen trees and shrubs shall be provided to buffer the panels from adjacent properties. Natural looking and effective screening is desired, however, as part of the conditional use permit, the City may permit fences in addition to or in lieu of landscaping to provide appropriate screening from adjacent public rights -of -way and neighboring properties. Based on feedback from the Planning Commission, the drafted language establishes that ground - mounted solar energy systems shall not be visible from the right-of-way and systems that would be visible to the right-of-way or immediately adjacent residential properties shall require screening. This language utilizes the screening provision from the Mounds View ordinance. Staff determined that the existing regulation standards for the R-1, R-2, R-3, NR-1, NR-2, and NR- 3 residential districts and accessory structures could be applied to ground -mounted solar energy systems. The proposed text amendments include regulations such as impervious surface and structure coverage, heights, and setbacks to balance solar energy development and community character. Many of these refer to the underlying zoning district requirements so that there is no conflicting language between accessory uses (i.e. sheds, detached garages, swimming pools). Like other accessory uses, ground -mounted solar energy systems in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts will be subject to location and size requirements. Ground - mounted solar energy systems shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. Additionally, systems will count as one of a residential property's two permitted accessory structures primarily used for residential uses and contribute to the total lot coverage by structure. The proposed text amendments align with city standards and establish standards for ground -mounted solar energy systems as well as roof -mounted solar energy systems, for which the Zoning Code is absent of regulations and standards. At present, roof -mounted systems are administrated according to the Minnesota Building Code. The drafted ordinance amendment includes visibility provisions for roof -mounted systems on flat - roofs, roof -mounted systems on pitched roofs, and ground -mounted systems. Roof -mounted solar energy systems on pitched roofs shall be no higher than 12 inches above the roof while systems on flat roofs shall be no higher than five (5) feet above the roof. These provisions encourage the installation of flush -roof -mounted systems for pitched roofs while providing flexibility for flat roofs where flush systems are not as effective at capturing optimal sunlight. Staff worked with the Building Department to verify how the Minnesota Building Code applies to roof -mounted solar energy systems. The Building Inspector confirmed that the 2020 Minnesota City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 7 Building Code requires the design of roof -mounted solar energy systems to account for roof access as well as weight load to ensure ready roof access in the event of a fire or other safety occurrence. The current review process for roof -mounted systems includes the Building Inspector verifying the proposed system meets the safety access and weight requirements of the Minnesota Building Code before a building permit is issued. The drafted ordinance language references the roof coverage requirements of the Building Code. The Solar Photovoltaic Systems Fact Sheet (Attachment D) provides an overview of the 2020 Minnesota Building Code requirements for roof - mounted solar energy systems. The Applicant's residential property is located in the R-1 Single Family Residential Zoning District. The proposed text amendments would include the R-2 Single Family and Two Family Residential District and the R-3 Townhouse and Low Density Multiple Dwelling District as staff identified that residential properties in these districts could also be suitable for ground -mounted solar energy systems. The drafted language is consistent with the implementation strategies of the City's 2040 Comprehensive Plan. Solar energy systems are referenced in Chapter 10 Protected Resources and Chapter 12 Resilience and Sustainability as a use to be encouraged if it is in keeping with the community's character. Based on feedback from the Planning Commission, staff also considered how the provisions for roof- and ground -mounted solar energy systems could be applicable to the residential zoning districts in the TRC. Staff reviewed the TRC sections that mirror the Accessory Uses and Land Use Chart of Sections 1325.02 and 1305.01 of the Arden Hills Code ("AHC"). Staff also considered possible inconsistencies between the AHC sections and the TRC sections that might impact solar energy systems as an accessory use for the NR-1, NR-2, and NR-3 residential zoning districts. Upon review of the TRC, staff found code language for Building and Site Development Standards that are General to All Zoning Districts. In Subsection 6.1(h)(iii) of Section 1380, it is established that roof -mounted solar energy systems are exempt from height limits in all TRC zoning districts "so long as they do not extend more than fifteen feet above the roof upon which they are located." To maintain consistency in the residential development of solar energy systems across the city, the proposed solar energy system ordinance language for the TRC residential zoning districts includes an amendment to Subsection 6.1(h)(iii) of Section 1380 stating that solar energy systems in NR- 1, NR-2, and NR-3 are not exempt from the height limitations. The height for solar energy systems in the TRC residential districts would be regulated by the provisions in Section 1325.03 Accessory Uses Subd. 7 Solar Energy Systems and the height provisions within the Zoning Districts. Staff determined that the drafted ordinance language permitting solar energy systems as an accessory use in R-1, R-2, and R-3 is compatible with the existing standards and regulations for the NR-I, NR-2, and NR-3 residential districts in the TRC. The proposed ordinance amendments would add solar energy systems to the TRC Schedule of Permitted Uses as an accessory use with criteria for the NR-I, NR-2, and NR-3 zoning districts. A reference to the provisions proposed for Section 1325.02 Accessory Uses would be added to Section 1380 5.2 Additional Use Criteria. City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 7 Overview of Ordinance Amendments To allow ground -mounted solar energy systems as a land use in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts, the City's Zoning Code would need to be amended to designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future proposed solar energy system within the R-1, R-2, R-3, NR-1, NR-2, and NR-3 zoning districts would apply for administrative review and approval through the building and electric permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative, the Minnesota Solar Model Ordinance, the Minnesota Building Code, ordinances of neighboring communities, and comments from the October 4, 2023 meeting of the Planning Commission for "Solar Energy System" language within Sections 1320.05 Land Use Chart, 1325.02 Accessory Uses, 1380 5.1 Applicability, and 1380 5.2 Additional Use Criteria. Amendments were also made to Section 1380 6.1 General to All Zoning Districts to address solar energy system heights in TRC residential zoning districts. The entire redlined versions of the proposed text amendments for City Council consideration are included as Attachment E, F, G and H. The applicable Sections to be amended are as follows: • Section 1320.05, Land Use Chart in the R-1, R-2, and R-3 Zoning Districts • Section 1325.02, Accessory Uses • Section 1380 5.1, Applicability in the NR-1, NR-2, and NR-3 Zoning Districts • Section 1380 5.2, Additional Use Criteria • Section 1380 6.1, General to All Zoning Districts Proposed Ordinance Amendments: 1) The Land Use Chart within Section 1320.05 would be amended to include solar energy system as an accessory use for residential districts: a. Add Solar Energy System as an Accessory Use under the R-1, R-2, and R-3 Districts. 2) Amend Section 1325.02 Accessory Uses a. Create a new Subdivision 7 that outlines special provisions for Solar Energy Systems as an accessory use in the R-1, R-2, and R-3 Residential Zoning Districts. i. Establish height, setback, visibility, and coverage requirements for solar energy systems based on existing regulations for residential districts and accessory structures. 1. Establish that ground -mounted solar energy systems shall not be visible from the right-of-way and systems that would be visible to the right-of-way or immediately adjacent residential properties shall require screening. City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 7 2. Distinguish height provisions for roof -mounted solar energy systems on pitched roofs from roof -mounted solar energy systems on flat roofs. ii. Differentiate between regulations for roof -mounted and ground- or pole - mounted solar energy systems. iii. Explain the administrative approval process and required submission materials for solar energy systems. iv. Highlight that all solar energy systems require a building permit application and approval that is distinct from administrative approval. 3) Amend Section 1380 5.1 Applicability a. Add Solar Energy System as an Accessory Use with Criteria under the NR-I, NR- 2, and NR-3 Districts. 4) Amend Section 1380 Section 5.2 Additional Use Criteria a. Create an Accessory Use with Criteria for Solar Energy Systems that states Solar Energy Systems shall conform to the provisions included in Section 1325.03, Subd. 7 of the AHC. 5) Amend Section 1380 Section 6.1 General to All Zoning Districts a. Add a sentence stating that solar energy systems in the NR-I, NR-2, and NR-3 zoning districts are not exempt from zoning district height limits. Additional Review Building Official The Building Official has reviewed the special provisions for solar energy systems and has no additional comments at this time. Planning Commission Review The Planning Commission reviewed this application at their October 4, 2023 meeting. At that time, they tabled Planning Case 23-018 with direction to staff to provide language for the aesthetics, screening, and visibility of ground -mounted solar energy systems, to incorporate the residential zoning districts that are regulated by the TRC, and incorporate comments given by an All Energy Solar representative during the October 4, 2023 public hearing. The Planning Commission reviewed an updated application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-018 for Zoning Code Amendments to Chapter 13 by a 6-0 vote (Commissioner Collins was absent). Public Notice and Comments City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 6 of 7 A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on November 16, 2023. As of November 21, the City has not received any public comments regarding this case after this notice. Three residents spoke at the November 8t' Planning Commission as part of the public hearing. Attachments A) Land Use Application B) Written Narrative C) MN Solar Model Ordinance D) MN Building Code Solar Fact Sheet E) Draft Amendment Land Use Chart F) Draft Amendment Accessory Uses G) Draft Amendment Schedule of Permitted Uses H) Draft Amendment Building and Site Development Standards I) October 4, 2023 Planning Commission Memo J) November 8, 2023 Planning Commission Memo K) October 4, 2023 Planning Commission Minutes L) Draft November 8, 2023 Planning Commission Minutes M) Presentation City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 7 of 7 Attachment A I't - IkEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: i2Z2_,f/ ,q L. L Address: _LL1- / A.R �6�/� � - /J 4,,� !a, %kz-,$ Telephone No.: r, ( r� c,� Other: Fax No.: Email Address. /I C-ryr2yI�,� �� � y �f /���py [' v f►� Property Information _Property Owner: j, A e —( Owner Address: /45 /�2f� £ ae- CC-- 11,GCS A� �`-r/2 Owner Telephone No. G S_ / 4S6 Other: Address of Property Involved: / 4<s / 4 R O SIV c ,�/Ii�FN lil LLSf M 1Z 65 //Z, Legal Description: PIN/PropertyAddress/Abbreviated Tax Description 343023210015 2517 — ID No.: u6i AADEN p.0 _�- - -- _Property�.. , � ARbr:N MILLS NO.2 SLY 112 OF LOT Type of Use: °? L S 1 18 AND ALL OF LOT 19 BLK 1 Zone: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) -❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow $1,500� ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) PropertyAcreag� /t CEO -- ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests - Not Already Specified (Fee: $150 + Escrow: $1,000 Pagel of 3 Brief Description of Request Lplease also include a typed. detailed letter explaining the proiect): G 0(A A/ d A4 O L4 Al T ED J a PAYESL S'—t1&6­vo T i A1_6a EL_-, 0-4/LLSS THt-I2 VIEW /S !fit-0c kLD TO -� 1A1ZTlE5' COAICERA/G17 *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (I" day of the preceding month) January 4 Januar 23 December 1 2022) February 8 February 27 January 2 March 8 March 27 j February 1 April 5 Aril 24 March 1 Ma 3 May 22 April 3 June 7 June 26 Ma 1 July 5 July 24 June 1 August 9 _...... August 28 Jul 3 'Se tember `�__Se tember 25 August 1 Octbber"4 OctoberI� September 1 November 8 November 27 October 2 December 6 January 8 (2024) November-1 Acknowledgement and Signature hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Applicant Signature (If different than the property owner) i Date Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.cityofardenhills.orgflanduseapplications Page 3 of 3 Arden Hills City Council and Planning Commission Attachment B I recently signed a contract with "All Energy Solar" for eight ground mounted solar panels (420 watts each), to be connected to the power grid. A few days later "All Energy Solar" called And said that Arden Hills is one of the few communities that doesn't allow ground mounted solar panels because of appearance. My situation is very unique! The panels would not be visible (or barely visible) to neighbors or passers-by on Arden place or North Snelling. I would like the current Zoning Code changed to:" Ground mounted solar panels are not allowed Unless their view is blocked to all parties concerned". I have discussed my solar project with all of my surrounding neighbors and they are all supportive. With Global Warming becoming a growing concern (especially with the younger generation) Solar panels privately owned are increasingly view positively as helping society switch to clean energy. Yours truly, Donald Wahlberg Attachment C Minnesota Solar Model Ordinance Photo by Katharine Chute Prepared by Great Plains Institute with support from Sunshot and the Energy Foundation GREAT PLAINS Better Energy. INSTITUTE Better world. Model Solar Ordinance — Introduction Minnesota Minnesota's solar energy resources are high quality and cost effective —as good as many states to our south OH consistently available across the entire state. As solar energy system components have become more efficient and less costly, an increasing number of solar energy systems have been installed in Minnesota. Market opportunities for solar development have dramatically increased in Minnesota over the last five years, such that communities must now address solar installations as land use and development issues. Solar energy components continue to improve in efficiency and decline in price; large-scale solar energy is expected to become the least expensive form of electric energy generation within a few years, surpassing wind energy and natural gas in levelized cost of energy. But solar energy is much more than just low-cost energy generation. Households and businesses seeking to reduce their carbon footprint see solar energy as a strong complement to energy efficiency. Agricultural producers see their solar energy as an economic hedge against price volatility in commodity crops. Utilities see solar's declining cost, high reliability, and free fuel as a means to put downward pressure on electric rates. Corporate, institutional, and municipal buyers are actively acquiring carbon -free solar generation to meet climate and clean energy goals. And innovative solar site designs are capturing habitat and water quality co -benefits by using solar with habitat -friendly ground cover to restore eco-system functions. Solar Energy Issues Local governments in Minnesota are seeing increasing interest by property owners in solar energy installations and are having to address a variety of solar land uses in their development regulation. Given the continuing cost reductions and growing value of clean energy, solar development will increasingly be a local development opportunity, from the rooftop to the large-scale solar farm. Three primary issues tie solar energy to development regulations: L. Land use conflicts and synergies. Solar energy systems have few nuisances. But solar development can compete for land with other development options, and visual impacts and perceived safety concerns sometimes create opposition to solar installations. Good design and attention to aesthetics can address most concerns for rooftop or accessory use systems. Good siting and site design standards for large- and community -scale solar can similarly resolve conflicts and create co -benefits from solar development, such as restoring habitat, diversifying agricultural businesses, and improving surface and ground waters. 2. Protecting access to solar resources. Solar resources are a valuable component of property ownership. Development regulations can inadvertently limit a property owner's ability to access their solar resource. Communities should consider how to protect and develop solar resources in zoning, subdivision, and other development regulations or standards. 3. Encouraging appropriate solar development. Local government can go beyond simply removing regulatory barriers and encourage solar development that provides economic development, climate protection, and natural resources co -benefits. Local governments have a variety of tools to encourage appropriately sited and designed solar development to meet local goals. Minnesota Model Solar Ordinance 2 Components of a Solar Standards Ordinance Solar energy standards should: 1. Create an as -of -right solar installation path for property -owners. Create a clear regulatory path (an as -of - right installation) to solar development for accessory uses and - if appropriate - for principal uses such as large-scale solar and ground -mount community shared solar installations. 2. Enable principal solar uses. Define where community- and large -solar energy land uses are appropriate as a principal or primary use, set development standards and procedures to guide development, and capture co -benefit opportunities for water quality, habitat, agriculture. 3. Limit regulatory barriers to developing solar resources. Ensure that access to solar resources is not unduly limited by height, setback, or coverage standards, recognizing the distinct design and function of solar technologies and land uses for both accessory and principal uses. 4. Define appropriate aesthetic standards. Retain an as -of -right installation pathway for accessory uses while balancing design concerns in urban neighborhoods and historic districts. Set reasonable aesthetic standards for solar principal uses that are consistent with other principal uses that have visual impacts. 5. Address cross -property solar access issues. Consider options for protecting access across property lines in the subdivision process and in zoning districts that allow taller buildings on smaller (urban density) lots. 6. Promote "solar -ready" design. Every building that has a solar resource should be built to seamlessly use it. Encourage builders to use solar -ready subdivision and building design. 7. Include solar in regulatory incentives. Encourage desired solar development by including it in regulatory incentives: density bonuses, parking standards, flexible zoning standards, financing/grant programs, promotional efforts. Different Community Types and Settings The model ordinance language addresses land use concerns for both urban and rural areas, and thus not all the provisions may be appropriate for every community. Issues of solar access and nuisances associated with small or accessory use solar energy systems are of less consequence in rural areas, where lot sizes are almost always greater than one acre. Large-scale and community- scale solar (principal solar land uses) are much more likely to be proposed in rural areas rather than developed cities. However, urban areas should consider where community- or large-scale solar can add value to the community and enable economic development of a valuable local resource. Rural communities should address rooftop and accessory ground -mount development, although the standards used in this model are designed more for the urban circumstances. This ordinance includes language addressing solar energy as an accessory use to the primary residential or commercial use in an urban area and language for principal solar uses more typically seen in rural communities. Communities should address both types of solar development. Minnesota Model Solar Ordinance Model Ordinance Scope - This article applies to all solar energy installations in Model Community. II. Purpose -Model Community has adopted this regulation for the following purposes: A. Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of the community by promoting the safe, effective and efficient use of solar energy systems. The solar energy standards specifically implement the following goals from the Comprehensive Plan: 1. Goal — Encourage the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass energy. Goal — Promote sustainable building design and management practices to serve current and future generations. 3. Goal — Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability. 4. Goal — Implement the solar resource protection element required under the Metropolitan Land Planning Act. B. Climate Change Goals - Model Community has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources. C. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of Model Community's electric distribution infrastructure. D. Local Resource - Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and reduce exposure to fiscal risks associated with fossil fuels. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market. Minnesota Model Solar Ordinance 4 III. Definitions Agrivoltaics — A solar energy system co -located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services. Building -integrated Solar Energy Systems — A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building -integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Community -Scale Solar Energy System — A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off -site from the facility, either retail or wholesale. Community -scale systems are principal uses and projects typically cover less than 20 acres. Community Solar Garden — A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off -site from the location of the solar energy system, consistent with Minn. Statutes 216B.1641 or successor statute. A community solar garden may be either an accessory or a principal use. Grid-intertie Solar Energy System — A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. Ground -mount — A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground -mount systems can be either accessory or principal uses. Large -Scale Solar Energy System — A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system will have a project size greater than 20 acres and is the principal land use for the parcel(s) on which it is located. Off -grid Solar Energy System — A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. Passive Solar Energy System — A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic System — A solar energy system that converts solar energy directly into electricity. Renewable Energy Easement, Solar Energy Easement — An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, as defined in Minn. Stat. 500.30 Subd. 3 or successor statute. Minnesota Model Solar Ordinance Roof -mount — A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof -mount systems are accessory to the principal use. Roof Pitch —The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access — Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. Solar Carport — A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities. Solar Collector —The panel or device in a solar energy system that collects solar radiant energy and transforms it into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware. Solar Daylighting — Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope. Solar Energy — Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System — A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. Solar Hot Air System (also referred to as Solar Air Heat or Solar Furnace) — A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re -circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically -mounted collector on a south -facing wall. Solar Hot Water System — A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Solar Mounting Devices — Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. Solar Resource — A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00 PM Standard time on all days of the year, and can be measured in annual watts per square meter. Minnesota Model Solar Ordinance 6 IV. Permitted Accessory Use - Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit. A. Height - Solar energy systems must meet the following height requirements: 1. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building -integrated systems shall be given an equivalent exception to height standards as building -mounted mechanical devices or equipment. 2. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. 3. Solar carports in non-residential districts shall not exceed 20 feet in height. B. Set -back - Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below. 1. Roof- or Building -mounted Solar Energy Systems —The collector surface and mounting devices for roof -mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side -yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building -integrated systems and are regulated as awnings. Ground -mounted Solar Energy Systems - Ground -mounted solar energy systems may not extend into the side -yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems. C. Visibility - Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of- way, as described in C.1-3, to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in E. below. Minnesota Model Solar Ordinance 1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located. Aesthetic restrictions — Roof -mount or ground -mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards. a. Roof -mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof. b. Roof -mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening. Reflectors - All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. D. Lot Coverage - Ground -mount systems total collector area shall not exceed half the building footprint of the principal structure. Ground -mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted. Ground -mounted systems shall not count toward accessory structure limitations. Solar carports in non-residential districts ar exempt from lot coverage limitations. Historic Buildings - Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the community Heritage Preservation Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior. F. Plan Approval Required - All solar energy systems requiring a building permit or other permit from Model Community shall provide a site plan for review. Minnesota Model Solar Ordinance 8 Plan Applications - Plan applications for solar energy systems shall be accompanied by to -scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground -mount system, including the property lines. Plan Approvals - Applications that meet the design requirements of this ordinance shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code. G. Approved Solar Components - Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating. H. Compliance with Building Code - All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. I. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota State Electric Code. J. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements. K. Utility Notification - All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off -grid systems are exempt from this requirement. Minnesota Model Solar Ordinance V. Principal Uses— Model Community encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground -mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts. A. Principal Use General Standards 1. Site Design a. Set -backs — Community- and large-scale solar arrays must meet the following setbacks: 1. Property line setback for buildings or structures in the district in which the system is located, except as other determined in 1.a.5 below. 2. Roadway setback of 150 feet from the ROW centerline of State highways and CSAHs, 100 feet for other roads, except as other determined in 1.a.5 below. 3. Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in 1.a.5 below. 4. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm. S. All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement. b. Screening — Community- and large-scale solar shall be screened from existing residential dwellings. 1. A screening plan shall be submitted that identifies the type and extent of screening. 2. Screening shall be consistent with Model Community's screening ordinance or standards typically applied for other land uses requiring screening. 3. Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use. 4. Model Community may require screening where it determines there is a clear community interest in maintaining a viewshed. Minnesota Model Solar Ordinance 10 c. Ground cover and buffer areas - The following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements may apply as required by Model Community. 1. Large-scale removal of mature trees on the site is discouraged. Model Community may set additional restrictions on tree clearing or require mitigation for cleared trees. 2. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR). 3. The applicant shall submit a planting plan accompanied by a completed "Project Planning Assessment Form" provided by BWSR for review by BWSR or the County SWCD. 4. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. The owner of the solar array shall complete BWSR's "Established Project Assessment Form" at year 4 and every 3 years after that, and allow the County SWCD to conduct a site visit to verify compliance. 5. Model Community may require submittal of inspection fee at the time of the initial permit application to support ongoing inspection of the beneficial habitat ground cover. 6. The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Community equal to one hundred twenty- five (125) percent of the costs to meet the beneficial habitat standard. The financial guarantee shall remain in effect until vegetation is sufficiently established. d. Foundations - A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions. e. Power and communication lines - Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by Model Community in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator. Minnesota Model Solar Ordinance Stormwater and NPDES - Solar farms are subject to Model Community's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project is certified as beneficial habitat solar, as described in A.1.c.2. of this ordinance. 3. Other standards and codes - All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Minnesota Uniform Building Code, as amended; and the National Electric Code, as amended. 4. Site Plan Required - A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights -of -way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by Model Community. The site plan should show all zoning districts and overlay districts. 5. Aviation Protection - For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA. 6. Agricultural Protection - Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. Model Community may require mitigation for use of prime soils for solar array placement, including the following: a. Demonstrating co -location of agricultural uses (agrivoltaics) on the project site. b. Using an interim use or time -limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation. c. Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site. d. Locating the project in a Drinking Water Supply Management Area or wellhead protection area. Minnesota Model Solar Ordinance 12 7. Decommissioning - A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. a. Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months. b. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site. c. Disposal of structures and/or foundations shall meet the provisions of the Model Community Solid Waste Ordinance. d. Model Community may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning. B. Community -Scale Solar — Model Community permits the development of community -scale solar, subject to the following standards and requirements: 1. Rooftop gardens permitted - Rooftop community systems are permitted in all districts where buildings are permitted. 2. Community -scale uses - Ground -mount community solar energy systems must cover no more than ten acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or conditional in all other non-residential districts. Ground - mount solar developments covering more than ten acres shall be considered large-scale solar. 3. Dimensional standards -All structures must comply with setback, height, and coverage limitations for the district in which the system is located. 4. Other standards - Ground -mount systems must comply with all required standards for structures in the district in which the system is located. Minnesota Model Solar Ordinance 13 Use Type Large-scale solar Communi- ty -scale solar Accessory use ground -mount- ed solar Rooftop solar Residential Mixed Business Industrial Us Large -Scale Solar Conditional Uses Large -scale solar should require a conditional use or interim use permit in order for the community to consider the site -specific conditions. The districts listed here are examples. Each community needs to consider where large scale solar is suitable in the context of its zoning districts and priorities. Special Agricultural, Shoreland Floodplain (Conserva- Rural, Landfill on, Histor- ic Districts) Solar as a Land Use The above use table shows four types of solar development that are distinct types of land uses (two kinds of accessory uses, two principal uses), and a group of districts or overlays that are commonly used in Minnesota. • Rooftop system are permitted in all districts where buildings are permitted, with recognition that historic districts will have special standards or permits separate from the zoning permits. • Accessory use ground -mount are conditional where potentially in conflict with the primary district or overlay goal. • Community -scale solar principal uses are conditional where land use conflicts or opportunity conflicts are high, permitted where a 10 acre development can be integrated into the landscape, and requiring special consideration in shoreland and floodplain overlay districts. • Large-scale is prohibited in higher density districts and conditional in all other districts. Both community- and large-scale solar is allowed in shoreland and Floodplain overlay districts, because the site design standards requiring beneficial habitat ground cover not only ensure a low -impact development but in most cases result in a restoration of eco- system services from the previous (usually agricultural) use. VI. Restrictions on Solar Energy Systems Limited — As of (adoption date for this ordinance) new homeowners' agreements, covenant, common interest community standards, or other contract between multiple property owners within a subdivision of Model Community shall not restrict or limit solar energy systems to a greater extent than Model Community' solar energy standards. VII. Solar Access - Model Community encourages protection of solar access in all new subdivisions. A. Solar Easements Allowed - Model Community allows solar easements to be filed, consistent with Minnesota State Code 500. Any property owner can purchase an easement across neighboring properties to protect access to sunlight. The easement can apply to buildings, trees, or other structures that would diminish solar access. B. Easements within Subdivision Process - Model Community requires new subdivisions to identify and create solar easements when solar energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other permit, as specified in Section 8 of this ordinance. Minnesota Model Solar Ordinance 15 Vill. Renewable Energy Condition for Certain Permits A. Condition for Planned Unit Development (PUD) Approval - Model Community may require on -site renewable energy systems, zero -net -energy (ZNE) or zero -net -carbon (ZNC) building designs, solar -synchronized electric vehicle charging or other clean energy systems as a condition for approval of a PUD permit to mitigate for: 1. Impacts on the performance of the electric distribution system, 2. Increased local emissions of greenhouse gases associated with the proposal, 3. Need for electric vehicle charging infrastructure to offset transportation -related emissions for trips generated by the new development, 4. Other impacts of the proposed development that are inconsistent with the Model Community Comprehensive Plan. Condition for Conditional Use Permit - Model Community may require on -site renewable energy systems or zero net energy construction as a condition for a rezoning or a conditional use permit. IX. Solar Roof Incentives - Model Community encourages incorporating on -site renewable energy system or zero net energy construction for new construction and redevelopment. Model Community may require on -site renewable energy or zero -net - energy construction when issuing a conditional use permit where the project has access to local energy resources, in order to ensure consistency with Model Community's Climate Action Plan. A. Density Bonus - Any application for subdivision of land in the _ Districts that will allow the development of at least four new lots of record shall be allowed to increase the maximum number of lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met with the increased density, if the applicant enters into a development agreement guaranteeing at least three (3) kilowatts of PV for each new residence that has a solar resource. Financial Assistance — Model Community provides financial assistance to certain types of development and redevelopment. All projects that receive financial assistance of $ or greater, and that have a solar resource shall incorporate on -site renewable energy systems. Minnesota Model Solar Ordinance 16 C. Solar -Ready Buildings — Model Community encourages builders to use solar -ready design in buildings. Buildings that submit a completed U.S. EPA Renewable Energy Ready Home Solar Photovoltaic Checklist (or other approved solar -ready standard) and associated documentation will be certified as a Model Community solar ready home, and are eligible for low-cost financing through Model Community's Economic Development Authority. A designation that will be included in the permit home's permit history. D. Solar Access Variance — When a developer requests a variance from Model Community's subdivision solar access standards, the zoning administrator may grant an administrative exception from the solar access standards provided the applicant meets the conditions of 1. and 2. below: 1. Solar Access Lots Identified - At least _% of the lots, or a minimum of _ lots, are identified as solar development lots. Covenant Assigned - Solar access lots are assigned a covenant that homes built upon these lots must include a solar energy system. Photovoltaic systems must be at least three (3) KW in capacity. Additional Fees Waived - Model Community will waive any additional fees for filing of the covenant. Minnesota Model Solar Ordinance 17 • •l [OXVL• Attachment D D 0 •l D Where and when are the International Residential Code 0 RC) requirements for residential solar energy systems? Section R324 of the 2020 Minnesota Residential Code includes new provisions for the design and installation of solar photovoltaic (PV) systems. Effective March 31, 2020, solar PV systems must be designed and installed in accordance with Section R324, NFPA 70, and the manufacturer's installation instructions. Panels must be tested and listed in accordance with UL 1703 or UL 61730. Are permits required to install solar PV systems? A building permit is required for all solar PV installations where the State Building Code is enforced by a municipality. All PV installations must comply with the State Building Code, which includes the Minnesota Residential Code. Electrical permits are also required for solar PV systems. Is a structural engineer required to design the roof support of roof -mounted solar PV systems? Roof -mounted solar PV systems add weight and snow- Photo credit: Equisolar Solar Company drift loads to the roof. For wood -framed buildings, structural compliance with the additional weight of the solar PV system can be determined using the standardized load tables developed by the Minnesota Department of Labor and Industry and Minnesota Department of Commerce (see http://mn.gov/commerce-stat/pdfs/standardized-load-table-report.pdf). If the roof structure is not listed in the load table, a structural engineer must certify the design. Are setbacks from property lines regulated by the 2020 Minnesota Residential Code? The Minnesota Residential Code does not address minimum property line setback requirements for PV systems. Solar PV system installations may be regulated by local zoning ordinances for property line setbacks and locations on the building. Which residential solar PV system installations need to comply with Section R324 of the 2020 Minnesota Residential Code? The 2020 Minnesota Residential Code regulates solar PV systems on buildings classified as IRC-1 (one -family), IRC-2 (two-family), IRC-3 (townhouses) and IRC-4 (accessory structures). The 2020 Minnesota Building Code Section 3111 regulates solar PV systems installed on all other buildings (not classified as IRC-1, IRC-2, IRC-3, or IRC-4), structures and appurtenances connected or attached to them. How are ground -mounted solar PV systems regulated? Ground -mounted installations accessory to IRC-1, IRC-2, or IRC-3 buildings are classified as IRC-4 and are designed and installed in accordance with 2020 Minnesota Residential Code, Section R301. What are some of the new provisions in Section R324 of the 2020 Minnesota Residential Code? Roof -mounted solar PV systems must allow for roof access, including access pathways from the lowest roof edge to the ridge and setbacks at the ridge. Access to the ridge is necessary for smoke ventilation in the event of a fire. Required access and pathways: • At least two pathways (one on street/driveway side, one on each PV array plane). • Pathways must be at least 36 inches wide and lead from roof edge to ridge. • Pathway structure must support fire fighters. • No overhead powerlines, minimal obstructions (vent pipes or mechanical equipment, etc). Required roof edge to ridge access: At least two pathways at least 36 inches in width from roof edge to ridge (one must be street/driveway side). On same roof plane as PV array, on adjacent roof plane, or straddling the same and adjacent roof plane. Required setback at ridge: • Setbacks on each side of ridge are based on "plan view total roof area" (the roof as seen from above). • PV arrays less than 33% of plan view total roof area require 18-inch minimum setbacks on each side of ridge. • PV arrays greater than 33% of plan view total roof area require 36-inch minimum setbacks on each side of ridge. Alternate setback at ridge (buildings equipped with automatic fire sprinkler system): • PV arrays less than 66% of plan view total roof area require 18-inch minimum setbacks on each side of ridge. PV arrays greater than 66% of plan view total roof area require 36-inch minimum setbacks on each side of ridge. Emergency escape and rescue openings: • PV panels or modules cannot be placed below an emergency escape or rescue opening location. • A pathway of at least 36 inches to the emergency escape and rescue opening from the roof edge must be provided. Are there exceptions to the roof access and pathway requirements? The 2020 Minnesota Residential Code has three exceptions: • Detached, nonhabitable structures such as: detached garages, carports, parking shade structures and solar trellises do not require roof access or access pathways on the roof. Detached structures with habitable attic space, finished or unfinished and a ceiling height of seven feet or greater must provide roof access, pathways and ridge setbacks. • Roofs with a slope of two units vertical in 12 units horizontal (17%) or less do not require roof access or access pathways. • Roof access is not required where the code official, with input from the fire code official, determines that rooftop operations will not be used in the event of a fire. How are access pathways, ridge setbacks, total roof areas, and solar array areas measured? Pathways, setbacks and total roof and solar array areas are measured in plan view. Pathways and setbacks are measured horizontally as in plan view so that a person standing vertically will have at least 36 inches of clear width. Revised February 2022 1320.05 Land Use Chart.(revised XXOO(r0) Attachment E Zoning Districts: 2 R- 3 R- 4 JNB �B-1 JB-2 JB-3 �B-4 CC I GB 1-1 1-2 1--- CD POS INST Antenna, Dish or Tower CA CA CA CA CA I CA CA CA I CA I CA CA CA CA CA CA CA CA Boarding house C C C C I== __ __ __ _= C =_ Brewpub =_ __ __ __ __ _= C I C C == I== _T=== Business service _= A P P P C I P PP Clinic, medical office =_ __ __ P P P P P C P P P P Club or lodge (non-profit) P P P == C Club, sports & fitness =_ __ __ _= A P P P C P P == P Commercial recreation - indoor =_ __ __ __ __ _= P P P =_ _= P Commercial recreation - outdoor =_ __ __ __ __ _= A Day care facility, over 10 =_ __ __ _= P P P P P == P P P P Day care, family - 10 or less A A A A A == A Day care, group family - 14 or less CA CA CA CA CA == CA Dog kennel =_ __ __ __ __ _= C C Dog run A A A Drive -up windows =_ __ __ __ __ _= C C C == A "Dry cleaning & laundry, pick-up station" __ __ __ _= C == A A =_ _= A "Dry cleaning & laundry, self-service laundry" __ __ __ _= C == C C Dwelling: density zoning D D D D Dwelling: multiple family =_ == C C C == C =_ _= C C Dwelling: single-family attached C C D D Dwelling: single-family detached P P P P Dwelling: two-family C C P P C Dwelling: live -work unit =_ __ __ _= C Financial institution & service P P P I P I P I C I P I P P P Garage, truck =_ __ __ __ __ __ __ __ __ __ _= C C Higher Education, Campus =_ __ __ C Home occupation: Class A A A A A =_ __ __ _= A Home occupation: Class II CA CA CA CA CA =_ __ __ C Hospital =_ __ __ __ =_ __ __ __ __ Hotel/motel =_ __ __ __ __ _= C P C C C _= C House ofworship C C C C C C C C C C =_ __ _= C Lower -Potency Hemp Edible Sales =_ __ __ _= CA == CA CA CA == CA Manufactured home park =_ _= C Manufacturing & processing : Class I =_ __ __ __ __ _= A A A == P P P P Manufacturing & processing : Class II =_ __ __ __ __ __ __ __ __ __ __ _= P Micro brewery =_ __ _= I == I =_ _= I C I C I C == I C I C Micro distillery =_ __ __ __ __ _= I C I C C == C 1 o1 2 1320.05 Land Use Chart.(revised )O(r)O OC) Zoning Districts: Uses: R- 1 R- 2 R- 3 R- 4 NB B- 1 B- 2 B- 3 B- 4 CC GB 1-1 1-2 I-F« CD I POS INST Mortuary, funeral home P P == C Multiple occupancy building =_ __ __ _= C C C C C C C C C C Nursery C C C C Nursing home and assisted living C C C C =_ _= D =_ _= C Office =_ __ __ _= P P P P P P P P P P Pawn shoe =_ __ __ __ __ __ __ __ __ __ __ __ __ __ _= P =_ Personal services =_ __ __ C A P P P C P =_ _= A Public use C C C C C C C C C C C C C C Research and development facility =_ __ __ _= C P C C C == P P P P C C =_ Research animals =_ __ __ __ __ _= C =_ __ __ _= C C Residence Hall, dormitory =_ __ _= C == C D Residential facility, state licensed, serving 1- 6 P P P P P == P Residential facility, state licensed, serving 7- 16 C C C C C C Restaurant and restaurant -fast food =_ __ __ C A P P P C P C C Retail sales & service =_ __ __ _= P A P P P C A A A A School, general education C C C C =_ __ __ __ _= C School, specialized education =_ __ __ __ _= C C C C C Service station =_ __ __ __ __ _= C C =_ _= C C C Solar Energy System A A A =_ __ __ __ __ __ __ __ __ __ _= C Storage, exterior =_ __ __ __ __ __ __ __ __ __ __ _= CA Studio C C P P P C Theater, indoor =_ __ __ _= A C P == C Thrift Store =_ __ __ __ __ __ __ _= C =_ __ __ _= C Utility distribution line P P P P P P P P P == P P P P A P =_ Utility substation =_ __ __ __ __ __ __ __ __ __ _= C C Utility transmission C C C C C C C C C == C C C C C C =_ Vehicle - motorized, leasing and rentals C C Vehicle - motorized, service =_ __ __ __ __ _= C C Warehousing _= A A A A == C P P C "A" = Accessory "CA" = Conditional Accessory Use Permit "C" = Conditional Use Permit "D" = Planned Unit "I" = Interim Use Permit "P" = Permitted __ = Not Permitted 2 of 2 Attachment F 1325.02 Accessory Uses 1325.02 Accessory Uses. Subd. 1 Accessory Retail Sales, Processing, and Storage. Accessory retail sales shall be permitted in industrial districts, and accessory processing, assembly, repair, and storage of materials shall be permitted in business districts when such uses are directly associated with the principal use, and when such accessory uses are clearly incidental. Subd. 2 Day Care Facilities for Houses of Worship and Schools. Day care facilities for over ten (10) persons shall be considered as accessory uses for houses of worship and schools within all residential districts if located in the principal building. Subd. 3 Home Occupations. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. A. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. 2. It shall be conducted entirely within the dwelling. 3. There is no exterior evidence of the home occupation. 4. It does not require any special entrances to the dwelling. B. Class I Accessory Home Occupations. 1. Home Occupations will be permitted as accessory uses if they meet the conditions stipulated in the home occupation definition and following conditions: a) The business is engaged only by the occupants of the premises; b) The business activity does not occupy more than twenty-five (25) percent of the gross floor area of the dwelling; c) There will be no patrons visiting the premises; d) It requires no delivery of products other than those delivered by private passenger vehicle. 2. Applicants for Class I Accessory Home Occupations shall be required to obtain an Accessory Home Occupation Permit from the City prior to engaging the activity. Review by the Planning Commission and City Council is not required. Application forms as prescribed by the Administrator shall be accompanied by the following information: a) A photograph of the residence; b) A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation; c) A statement describing the home occupation and the compliance with the required conditions; and, d) A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. 1325.02 Accessory Uses C. Class II Conditional Accessory Home Occupations. 1. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3 if they meet the conditions stipulated above for all Home Occupations and the following conditions: a) The primary business activity shall be conducted by an occupant of the residence; b) One person not residing in the residence may be employed to assist in the business activity; c) It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; d) It has a limited number of patrons visiting the premises; e) Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, f) It requires delivery of products to the premises no more than once per day. 2. Applicants for Class II Conditional Accessory Home Occupations shall follow the procedures prescribed in the Conditional Use Permit section of Appendix A, Procedure Manual. The application shall be accompanied by the information required for Class I Home Occupations in Section 1325.02 above and a site plan showing any additional parking or other modifications to the site required to accommodate the home occupation. A copy of any required State or County license or permit as discussed in Class I Home Occupations shall be submitted prior to the issuance of a Conditional Use Permit, however, evidence that the proposed Home Occupation meets all the requirements for State or County licenses or permits shall be submitted with the Conditional Use Permit application. 3. In reviewing applications for Class II Conditional Accessory Use Permits for Home Occupations the City shall consider criteria which affect the appropriateness of a particular use in the location proposed, as discussed in Section 1355.04 Subd 3 and Appendix A, Procedural Manual. Subd. 4 Accessory Outdoor Display and Sales. A. Outdoor display and sales shall only be permitted as an accessory use on a property where the principal use is either Retail Sales and Services or Service Station. B. Outdoor display and sales shall only be permitted in the following Zoning Districts: B-2, B-3, B-4, NB, and GB. C. An Administrative Permit shall be required from the Community Development Department to allow outdoor display and sales of goods. The Community Development Department shall review a site plan and specifics of the proposed outdoor display and sales area and may issue the permit, subject to, but not limited to, the following requirements: 1. The total display and sales area shall be determined based on the following formula: a. For properties with a principal building of 15,000 square feet or less in size, the permitted display and sales area shall be a maximum of 300 square feet. 2 1325.02 Accessory Uses b. For properties with a principal building greater than 15,000 square feet in size, the permitted display and sales area shall be two percent of the base area of the principal building, but not to exceed 1,000 square feet. 2. Merchandise shall be stacked and/or arranged neatly on a hard surface and may be up to six feet in height. 3. The display and sales area shall be located adjacent to the principal building and on the side of the principal building with the main entrance. No merchandise shall be permitted to be displayed on Service Station islands. 4. The display and sales area shall not obstruct pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 5. The display and sales area shall not occupy or obstruct on -site parking spaces. 6. The type of merchandise displayed shall be limited to items which require an outdoor location, such as plants or fuel, and any items which because of large volume or weight are housed outdoors, such as vending machines, salt, or landscaping materials. 7. Outdoor display and sales areas shall be screened when located within 200 feet of a residentially zoned property. (added 3/28/16) Subd. 5 Accessory Commercial Recreation - Outdoor. A. Commercial Recreation - Outdoor shall only be permitted in the B-2 General Business District. B. An Administrative Permit shall be required from the Community Development Department to allow outdoor recreational activities. The Community Development Department shall review a site plan and specifics of the proposed outdoor recreation area and may issue the permit, subject to, but not limited to, the following requirements: 1. The Subject Property shall not be located immediately adjacent to a residentially zoned property. 2. All commercial recreation -outdoor related activity must cease by 10 PM on weekdays and weekends. 3. The location of the outdoor commercial recreation area needs to be contiguous to the principal building and shall be a contained space with a defined perimeter of either decorative fencing, retaining walls, and/or plantings. 4. The permitted commercial recreation - outdoor area shall not exceed 1,500 square feet. (added 4/24/2023) Subd. 6 Lower -Potency Hemp Edible Sales. A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, NB Neighborhood Business and GB Gateway Business Zoning Districts where the principal use is Retail Sales & Service, Restaurant, or Service Station, the business has a liquor or tobacco license issued by the City, and when such accessory use is clearly incidental to the principal use.. 3 1325.02 Accessory Uses B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency hemp edibles business. (added 8/28/2023) Subd. 7 Solar Energy Systems A. Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements: 1. Height. Solar energy systems must meet the following height requirements: a. Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district. b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure to which it is accessory, whichever is lower, when oriented at maximum tilt. 2. Setback. Solar energy systems must meet the accessory structure setback for the zoning district in which the system is located. a. Roof -mounted systems: Consistent with the required building setback, the collector surface and mounting devices for roof -mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. b. Ground- or pole -mounted solar energy systems are only permitted in rear yards and may not extend into the required rear yard accessory structure setback when oriented at minimum design tilt. 3. Visibility. Solar energy systems shall be designed to blend into the architecture of the building, and minimize the view from public rights -of -way other than alleys as well as adjacent property to the extent that doing so does not affect the cost or efficacy of the system. The color of the solar collector is not required to be consistent with other roofing materials. a. Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right- of-way, provided the building component in which the system is integrated meets all required setbacks and regulations for the district in which the building is located. b. Solar energy systems with mounting devices. i. Roof -mounted systems on pitched roofs that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof. ii. Roof -mounted systems on flat roofs that are visible from the nearest edge of the street frontage right-of-way shall be no higher than five feet above the finished roof. 4 1325.02 Accessory Uses iii. Ground -mounted solar energy systems shall not be visible from the nearest edge of the right-of-way. Proposed systems that would be visible from the nearest edge of the street frontage right-of-way or immediately adjacent residential properties shall be screened to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. c. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. 4. Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlying zoning district. a. Roof -mounted solar energy systems -shall be subject to the Building Code to ensure the system meets the wind load standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed. b. The surface area of ground -or pole -mounted systems shall be factored as part of the maximum lot coverage by structure and shall not exceed the regulations of the underlying zoning district. c. The surface area of ground- or pole- mounted systems shall be treated as impervious coverage as regulated for each zoning district. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider allowing additional impervious coverage. Allowed impervious coverage may be increased by up to ten percent above maximum lot coverage for the zoning district provided 100 percent of the excess is accounted for by an approved ground- or pole -mounted solar energy system: d. Ground- or pole -mounted systems shall be counted as an accessory structure. 5. Plan Approvals. All solar energy systems shall require the issuance of a building permit. a. Applications that meet the requirements of this policy shall be granted zoning approval by the Zoning Administrator. Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code. b. A building permit application for a solar energy system shall be accompanied by scaled horizontal and vertical elevation drawings. The drawings must show the location of the system on the building, or on the property for a ground- or pole -mounted system, including the property lines. 1. For all roof -mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. 2. For flat -roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. 5 1325.02 Accessory Uses c. All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. d. All solar energy systems shall comply with the Minnesota State Electric Code. e. If any solar energy system remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system must be deemed to be abandoned and shall constitute a public nuisance. The owner must remove the abandoned system at their expense after any required permits have been obtained. Removal includes the entire structure, including transmission equipment and footings. 0 Approved July 13, 2015 Revised December 12, 2016 Amended XXX 5.0 Schedule of Permitted Uses Attachment G 5.1 Applicability: General use categories have been identified by Zoning District (Table 5-1). Uses that are not listed are prohibited. Uses that are allowed as accessory uses may only remain in conjunction with an active principal use. Table 5-1: TRC Zoning District Land Use Table N M M a y y N y y -a >s O O O O Zoning a m y W o 0 0 o r s s s Additional District a is r_ L r K -O -0 -0 -0 V Requirements 0 0 0 °t a� T U 'i ~ ~ ~ Z Z Z Z Uses Sub -District TC-1 TC-2 TC-3 NR- 1 2 3 4 Residential Uses Bed & Breakfast P P P P/C P/C P/C P/C See Table 5-2 Home Occupation: A A A A A A A Class I Large Multi- P/C P/C P/C See Table 5-2 Family Live/Work P P P Medium Multi- P/C P/C P/C See Table 5-2 Family Assisted Living, Memory Care P/C P/C See Table 5-2 and Skilled Nursing Residential Facility P/C P/C P/C P/C P/C P/C P/C See Table 5-2 Senior Independent P/C P/C P/C P/C P/C See Table 5-2 Living Single Family P P P Small Lot SF -- -- -- -- -- -- Residential Small Multi- P/C P/C See Table 5-2 Family Solar Energy A/C A/C A/C See Table 5-2 Systems Commercial Uses Automotive P/C P/C P/C See Table 5-2 Washing Brewpub P P P P P P P Business P P P P P P P service Clinic, medical P P P P P P P office Club, sports & A P P P P P P fitness Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 30 Approved July 13, 2015 Revised December 12, 2016 Amended XXX Table 5-1: TRC Zoning District Land Use Table CV M It CV M -0 M -0 -0 a 0 0 0 0 v O O O O Zoning a 0 4) '� a s s s s Additional OX District E E V V r 0 _ -00 -0 .0 -a v Requirements O o oJEW�z � 9 V a_ ~ ~ ~ Z Z Z Z Uses 16 Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Cocktail P P P P P P Lounge * Permitted as Commercial an accessory Off -Street P/C* P/C* P/C* P/C* P/C* P/C* P/C* use with a Parking primary building only Commercial recreation - P P indoor Daycare P P P P P P P Facility Daycare, family - 10 or P P P P P P less * Completely Dog kennel P* enclosed; no outside runs Drive -Up P/C P/C P/C P/C See Table 5-2 Windows Dry cleaning & laundry, P P P P P pick-up station Dry cleaning & laundry, P P P P P self-service laundry Financial Institution & P P P P P P P service Food P P P P P P P Preparation Hotel/ motel P P P P P P P Liquor Store P P P P P Microbrewery P P P P P P Microdistillery P P P P P P Mortuary, funeral home -- -- -- -- -- P/C See Table 5-2 Office P P P P P P P Personal P P P P P P P services Pet Services P P P P P P P Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 31 Approved July 13, 2015 Revised December 12, 2016 Amended XXX Table 5-1: TRC Zoning District Land Use Table CV M CV M It c y -a -a 0 0 N O O O O W v O O O O Zoning a m y 4) s s Additional District E E V V a £ r OX -O -0 -0 -a v Requirements V o 0 0 0) 0) IM 0) ~ ~ ~ Z Z Z Z Uses 16 Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Research and development P P P facility Restaurant and P/C P/C P/C P/C P/C P/C P/C See Table 5-2 restaurant fast-food Retail sales & P P P P P/C P P See Table 5-2 service Service Station A/C P/C P/C See Table 5-2 Storage, exterior -- -- -- -- -- -- -- -- -- Studio P P P P P P Theater, P P indoor Vehicle — motorized, P/C P/C See Table 5-2 leasing and rentals Vehicle — motorized, P/C P/C P/C See Table 5-2 service Civic Uses Antenna or P/C P/C P/C P/C P/C P/C P/C A/C See Table 5-2 Tower Club or lodge P P P P P P (non-profit) Community P P P P Center House of worship P P P P P P Library P P P P P P P P Municipal P P P P P P P Building Park Facilities P P P P P P P P P (Public) School, general P P P P education School, specialized P P P P P education Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 32 Approved July 13, 2015 Revised December 12, 2016 Amended XXX Table 5-1: TRC Zoning District Land Use Table CV M CV M It c N y -a -a 0 0 W O O O O v Zoning a m y 4) O O O O s s Additional OX District E E a £ V V r -O -0 -0 -a v Requirements V o 0 0 0) 0) IM 0) ~ ~ ~ Z Z Z Z Uses 16 Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Theater, performing -- P P P P arts center Garage, Truck -- -- -- -- -- Manufacturing Warehousing & processing: P/C P/C permitted as an Class accessory use Manufacturing & processing: Class II *Equipment shall be screened to not be seen from Utility P* -- -- -- -- P* -- -- any public right Substation of way and shall not be placed in the front of any parcel Warehousing Other Uses Adult - Oriented Businesses Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 33 Approved July 13, 2015 Revised December 12, 2016 Amended XXX 5.2 Additional Use Criteria: All uses listed as P/C in Table 5-1 shall also meet the following standards in Table 5-2. Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Residential Uses Neighborhood No more than six(6) rentable rooms permitted. Shall be owner -occupied. Bed & Breakfast Parking shall be placed behind the building, or screened from view of the public right-of-way. Assisted Living, Memory Care or Skilled Nursing Town Center Buildings with Pedestrian Priority or Pedestrian Friendly Frontage shall be Large Multi -Family required to include ground floor commercial uses for a minimum of fifty Medium Multi -Family percent (50%) of their street frontage as measured in linear feet. Senior Independent Living Assisted Living, Memory Care or i. Homes shall be designed as either a collective of single-family or Skilled Nursing Neighborhood duplex homes to fit the scale of the surrounding development. Senior Independent Living ii. These homes may also be mixed with mixed -generational housing. Town Center i. Residential Facility shall be licensed by the State of Minnesota; and ii. Residential Facility shall serve no more than sixteen (1 6) residents at any given time. Residential Facility i. Residential Facility shall be licensed by the State of Minnesota; Neighborhood ii. Residential Facility shall serve no more than six (6) residents at any given Time. i. Parking shall be placed against an alley or in the rear of the lot and be screened from The public right-of-way. Small Multi -Family Neighborhood ii. Entrances To units that are not accessible from The front entries may have access from The rear or the side of the building. Shall conform to the provisions included in Section 1325.03 Subd. 7 of the Solar Energy Systems Neighborhood AHC. Commercial Uses Automotive Washing i. Automotive drive through lanes, service bays, and/or gas station Vehicle — motorized, leasing Office Mixed -Use canopies shall meet The design standards in Section 7, Building Design and rentals Flex Office Standards of this code. Vehicle- motorized, service Retail Mixed -Use ii. Outdoor storage of vehicles or other products sold shall NOT have direct frontage along Pedestrian Priority Streets. Outdoor storage of vehicles and/or other products sold shall be screened with a required Service Station Campus Commercial street screen along Pedestrian -Friendly Streets and General Streets 9 Y Retail Mixed -Use (see Section 10 for standards). Flex Office i. New surface parking lots shall be permitted as an interim use only in Campus Commercial the case of phasing. ii. Applications for new surface lots shall include in -fill building concepts Town Center on The lot with a site plan that meets the build -to -zone and building Commercial Off -Street Parking Office Mixed -Use frontage standards of the specific character zone. Retail Mixed -Use iii. New surface parking shall be set back a minimum of thirty feet (30') Flex Office from the edge of the right-of-way of Pedestrian Priority Streets. iv. New surface parking shall not be located at a street intersection (of any Pedestrian Priority and Pedestrian -Friendly Streets only) for minimum of Thirty feet (30') from the intersection along each street. i. Pick-up and drop-off lanes, storage of vehicles, service areas, and drive through facilities shall NOT have direct frontage along Pedestrian Mortuary, funeral home Flex Office Priority Streets. ii. All such areas along other streets shall be screened with a required street screen (see Section 10 for standards). Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 34 Approved July 13, 2015 Revised December 12, 2016 Amended XXX Campus Commercial Drive -Up Windows Retail Mixed -Use Drive through or drive -up facilities shall meet the design standards in Flex Office Section 7, Building Design Standards of this code. Office Mixed -Use Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 35 Approved July 13, 2015 Revised December 12, 2016 Amended XXX Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Campus Commercial Six (6) queuing spaces per drive -through menu board. Restaurant and Restaurant, Fast Food Town Center Office Mixed -Use Retail Mixed -Use Flex Office i. Retail sales and service uses may not comprise more than ten percent (10%) of the total gross square footage of building space within the Office Mixed -Use District. ii. Accessory retail uses associated with medical office clinics, including but Retail sales and services Office Mixed -Use not limited to pharmaceutical and corrective lens sales, shall not be counted towards the maximum square footage of retail sales and service uses permitted in the Office Mixed -Use District, but may not exceed twenty-five percent (25%) of the gross square footage of the building in which they are located.. Civic Uses Campus Commercial Town Center Office Mixed -Use i. Located on top of a building or architectural component only. Antenna or Tower Retail Mixed -Use ii. Shall conform to additional design and location requirements for antennas and towers included in Section 1325 of the AHC. Flex Office Industrial Uses Manufacturing and Processing: Campus Commercial For buildings where manufacturing and processing are a principal or Class I Flex Office accessory use, a minimum of thirty percent (30%) of the gross building square footage must be in office use. Warehousing is only allowed as an accessory use to Manufacturing and Warehousing Campus Commercial Processing. For buildings where warehousing is an accessory use, a minimum Flex Office of thirty percent (30%) of the gross building square footage must be in office use. Section 5: Schedule of Permitted Uses TCAAP Redevelopment Code Page 1 36 Attachment H 6.1 General to All Zoning Districts 6.1 General to All Zoning Districts (a) Building Frontage Designations: The Building Frontage designations are established on the Regulating Plan (Attachment 1) to specify certain building and site development standards along each street based on the priority placed on pedestrian -orientation. The Regulating Plan illustrates the Building Frontage designations within the TRC. For the purposes of this code, all Building Frontages are classified into one of the following three categories: i. Pedestrian Priority Frontages - Pedestrian Priority Frontages are intended to provide the most pedestrian -friendly and contiguous development context. Buildings and sites along Pedestrian Priority Frontages shall be held to the highest standard of pedestrian - oriented design and few, if any, gaps shall be permitted in the `Street Wall'. Breaks in the street wall may be permitted for courtyards, forecourts, sidewalk cafes and pedestrian connections between the individual sites and the public sidewalk. These street frontages are the main retail, restaurant, entertainment streets, or are important neighborhood connectors, as identified in the Regulating Plan. 1. Specific to Pedestrian Priority Frontages: The area between the building facade and property line or edge of any existing sidewalk along any street with Pedestrian Priority Frontage shall be designed such that the sidewalk width shall be a minimum as determined by the street type (see Attachment 4) and the remainder of any setback area shall be paved flush with the public sidewalk. Sidewalk cafes, public art, landscaping within tree -wells or planters may be incorporated within this area. 6.1 General to All Zoning Districts Building Footprint Building Facade Line i ide +ask Area to be pav,;d NO w/ Mewalk --�--------- �anRing Anna Edge of Pavement? -Curb Pedestrian Priority Frontage Illustration showing requirements along Pedestrian Priority Frontages only ii. Pedestrian -Friendly Frontages - Pedestrian -Friendly Frontages are also intended to be pedestrian -oriented with a mostly contiguous development context. However, in some locations, where access to a General Frontage street or Alley is not available, Pedestrian - Friendly Frontages may need to accommodate driveways, parking, service/utility functions, and loading and unloading. In such cases, Pedestrian -Friendly Frontages may balance pedestrian orientation with automobile accommodation. Typically, they shall establish a hybrid development context that has a more pedestrian -supportive development context at street intersections and accommodates auto -related functions and surface parking in the middle of the block. Surface parking shall be screened from the roadway following the Street Screen Standards in Section 10.4. Pedestrian -Friendly Frontages are designated on the Regulating Plan. iii. General Frontages - General Frontages are intended to accommodate more auto - oriented uses, surface parking and service functions on a site with a more suburban/automobile orientation. The General Frontages shall be building frontages not designated as either a Pedestrian Priority or Pedestrian -Friendly Frontage on the Regulating Plan. Surface parking shall be screened following the Street Screen Standards in Section 10.4. 2 6.1 General to All Zoning Districts In General Street Service and P kmg Acc ---------, on. I Pedestrian PriontyFrontage (b) Treatment of Street Intersections: CL CP W 3 w ca Graphic Illustrating the Application of Street Type Designation Based on the Development Context i. Corner building street facades along intersections of Pedestrian Priority Frontages and Pedestrian -Friendly Frontages shall be built to the BTZ for a minimum of twenty feet (20') from the intersection along each street or the width of the corner lot, whichever is less regardless of the building frontage percentage required along that street. This requirement shall not prohibit incorporation of curved, chamfered building corners or recessed entries or civic/open spaces at such intersections. In addition, this standard shall apply regardless of the frontage requirement along the intersecting street even if it is a General Street. 3 6.1 General to All Zoning Districts �4 I 1 I 80"fig Footprint s MiL Ar 3u ding Fagade Litre SOMA Mantrg Zone Edge of Pavemen GCu PedeWWn Privity or Pede5trian-Friendly �rantagc Illustration showing minimum frontage requirements at street intersections ii. Corner Building Height Allowance: Corner buildings may exceed the maximum building height by 25% along no more than 20% of the building's frontage along each corresponding street facade. The purpose of the allowance is to encourage inclusion of architectural features and no mechanical equipment shall be located on top of a roof area that takes advantage of this allowance. Corner Building Height Allowances are not permitted in the Neighborhood Zone. M 6.1 General to All Zoning Districts Illustration showing Corner Building Height Allowance (c) Parking and Service Access: i. Location of parking (both structured and surface) shall be per the Zoning District specific building standards (Section 6.2 - 6.8). ii. Required off-street parking spaces shall be provided per Table 6-1 below. Table 6-1 Parking Ratios Zoning District TC/OMU/RMU/C CC/FO NR Additional Criteria Min. Off -Street Vehicular Parking Requirement Zoning District TC/OMU/RMU/C CC/FO NR Additional Criteria Min. Off -Street Vehicular Parking Requirement Retail and Similar Uses1 1 space/200 sq. ft. of gross retail sales floor area 1 space/200 sq. ft. of gross retail sales floor area. N/A 1. Plans that include shared parking or a reduction in the required number of parking spaces may be approved by the JDA as a Permitted Adjustment with the provision of a parking demand study (See Section 3.0). 2. On -street parking located along any public street shall count towards the required off- street parking. 3. Landscaping within surface parking lots shall meet standards in Section 10.0 of this Code. Office and Similar Uses2 5 6.1 General to All Zoning Districts 1 space/250 sq. ft. of gross floor area 1 space/250 sq. ft. of gross floor area. N/A1. Industrial Uses N/A 1 space/500 sq. ft. of gross floor area for general manufacturing/ industrial; 1 space/ 1,000 sq. ft. of gross floor area for warehousing/storage N/A1. Auto -related Uses3 4 spaces for each service bay N/A N/A1. Assembly Uses4 1 space/3 seats 1 space/3 seats 1 space/3 seatsl. Daycare 1 space/employee and 1 space/5 persons cared for 1 space/employee and 1 space/5 persons cared for N/A1. Clinic, Medical Office lspace/employee plus 1 space/200 sq. ft. of gross floor area lspace/employee plus 1 space/200 sq. ft. of gross floor area N/A1. Indoor Recreations One space per each 200 sq. ft. non-tennis/racquetball court area. Two spaces per tennis/racquetball court. One space per each 50 sq. ft. deck area for a swimming pool. One space per each 200 sq. ft. non-tennis/racquetball court area. Two spaces per tennis/racquetball court. One space per each 50 sq. ft. deck area for a swimming pool. C 6.1 General to All Zoning Districts N/A1. School, General 1 space/employee plus 3 space/classroom N/A 1 space/employee plus 3 space/classroom School, Specialized Education 1 space/employee plus 1 space/4 students N/A N/A All other Non -Residential Uses 1 space/300 sq. ft. of gross floor area. 1 space/300 sq. ft. of gross floor area 1 space/400 sq. ft. of gross floor area. Residential - Single Family and Two -Family Uses N/A N/A 2.0 spaces/dwelling unit Residential - Multi -Family Uses 1.0 space/efficiency and one -bedroom units; 1.5 spaces/two-bedroom+ units N/A 1.0 space/efficiency and one -bedroom units; 2.0 spaces/two-bedroom+ units 1. See Section 1325.045 of the Arden Hills Code for additional criteria for multi -family uses. 2. Plans that include shared parking or a reduction in the required number of parking spaces may be approved by the JDA as a Permitted Adjustment with the provision of a parking demand study (See Section 3.0). 3. Landscaping within surface parking lots shall meet standards in Section 10.0 of this Code. 7 6.1 General to All Zoning Districts Residential - Senior Independent Living, Assisted, Memory Care, or Skilled Nursing Uses 1.0 space/unit for Senior Independent Living units; 0.75 space/unit for Assisted Living, Memory Care and Skilled Nursing units. N/A 1.0 space/unit for Senior Independent Living units; 0.75 spaces/unit for Assisted Living, Memory Care and Skilled Nursing units. Lodging Uses (Hotels and Motels) 0.5 spaces per guest room; all other areas shall be parked at the non-residential rate above 0.75 spaces per guest room; all other areas shall be parked at the non-residential rate above N/A Min. Bicycle Parking Requirement (# of Bicycles) All Uses 10% of all provided off-street automobile spaces 5% of all provided off-street automobile spaces N/A 1. Location of Bicycle Parking: For retail buildings, 25% of all provided bicycle parking shall be located within 50 feet of a primary building entrance. 2. See Section 1325.045 of the Arden Hills Code for additional criteria for multi -family uses. 1 Includes Liquor Store. 2 Includes Business Services; Dog Kennel; Dry Cleaning; Library; Municipal Building; Personal Services; Pet Services; Research and Development Facility; and Vehicle - Motorized, Leasing and Rental. 3 Includes Automotive Washing; Service Station; and Vehicle - Motorized, Service 4 Includes Brewpub; Club or Lodge (non-profit); Cocktail Lounge; Community Center; House of Warship; Microbrewery; Mortuary, Funeral Home; Restaurant and Restaurant Fast -Food; Studio; Theater, Indoor; and Theater, Performing Arts Center. 5 Includes Club, Sports & Fitness and Commercial Recreation - Indoor. iii. Driveways and Service Access: 6.1 General to All Zoning Districts 1. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8, driveway access and off-street loading and unloading may be along General Frontages only. 2. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8 or through permitted adjustments, driveway and off-street loading and unloading may be located with access along a Pedestrian -Friendly Frontage street only if the property has no access to either a General Frontage street or joint use easement to an adjoining property with direct driveway access to any other street. 3. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8 or through permitted adjustments, driveways and off-street loading and unloading may be located with access along a Pedestrian Priority Frontage street only if the property has no access to either a Pedestrian -Friendly or General Frontage Street or joint use easement to an adjoining property with direct access to any other street. 4. Along Pedestrian Priority and Pedestrian -Friendly Frontages, driveway spacing shall be limited to one driveway per each block face or per 200 feet of block face for blocks greater than 400 feet in length. 5. Shared driveways, joint use easements or joint access easements shall be required to adjoining properties when driveway and service access is off a Pedestrian Priority Frontage or Pedestrian -Friendly Frontage. 6. Service and loading/unloading areas shall be screened per standards in Section 10.0. 7. Unless required to meet minimum fire access or service access standards all commercial, mixed -use and multi -family residential driveways shall be a maximum of twenty feet (20') in width. Driveways used for service access (trash, fire, deliveries, etc.) shall be a maximum of thirty feet (30') in width. Driveways wider than twenty-four feet (24') in width shall only be located off of General Frontage Streets. Driveways along County controlled roadways shall meet Ramsey County Standards or the City's adopted standards. 8. Additional easements may be required if shared driveways or access agreements are established. 9. Residential Driveways and Garages: a. Unless required to meet minimum fire access or service access standards, driveways for Single -Family Residential Use Buildings shall be a maximum of twelve feet (12') in width at the curb cut. b. Garages for Residential Buildings shall be located on streets with General Frontage or at the rear of residential buildings. c. If front -loaded garages are utilized on residential uses, each bay of the garage shall be no greater than twenty-four feet (24') wide and set back at least three feet (3') behind the front facade line, unless a front porch meets the requirements of Section 6.1(c)(iii)(9)(d) below. Front -loaded garages on residential lots less than fifty feet (50') E 6.1 General to All Zoning Districts wide shall not be allowed. Townhomes and courtyard apartments shall utilize garages at the rear of the lot with access from streets with General Frontage or from Alleys. i. Lots less than sixty-five feet (65') in width shall not have more than twenty-four feet (24') of garage facing the street. ii. Lots sixty-five to seventy feet (65'-70') in width shall permit up to three (3) car front -loaded garages provided the homes meet the following requirements: 1. Each bay of the garage shall not be greater than twenty-four feet (24') wide and setback at least three feet (3') from the front facade line, unless a front porch meets the requirements of Section 6.1 (c) (iii) (9) (d) below. 2. The garage portion of the home facing the street shall not exceed fifty-five percent (55%) of the total front facade of the home. iii. Lots greater than seventy feet (70') in width shall permit up to three (3) car front -loaded garages provided the homes meet the following requirements: 1. Each bay of the garage shall not be greater than twenty-four feet (24') wide and setback at least three feet (3') from the front facade line, unless a front porch meets the requirements of Section 6.1 (c) (iii) (9) (d) below. 2. The garage portion of the home facing the street shall not exceed fifty percent (50%) of the total front facade of the home. d. If garage is flush with the front facade, a porch shall be added to the front facade measuring fifty percent (50%) of the main floor living space portion of the front facade and a minimum of six (6) feet in depth. e. Front driveways shall be a minimum of twenty feet (20') long and designed to fit at least two (2) parked vehicles and ensure that vehicles are parked outside of the public right-of-way. (d) Street Screen Required: i. Any non-residential parking lot frontage along a public right-of-way with surface parking shall be defined by a Street Screen. This required Street Screen shall be located at the right-of-way edge. Refer to Section 10.0: Streetscape and Landscape Standards of this Code for more specifications. (e) Loading Dock Standards: i. Facilities that include a loading dock shall have a maximum clear height of twenty- four feet (24') as measured from the surface of the ground floor to the lowest point on the ceiling. ii. No more than one loading dock shall be allowed per 10,000 square feet of building area. 10 6.1 General to All Zoning Districts iii. Cross docks, where loading docks are situated along two (2) walls of the same building, shall not be permitted. iv. Loading docks shall be located in the side or rear yard and shall be screened from view of the public right-of-way. (0 Fire Separation Requirement: Side and rear setbacks shall be based on minimum fire separation required between buildings, if applicable. (g) Recessed Entry Setbacks: Building facade lines on recessed entries and arcade buildings shall be measured from the front of facade with the recessed entry or arcade (see Section 4.0 Definitions for illustration). (h) Measuring Heights: i. Elevator and stair enclosures; public flagpoles and monuments; and chimneys are exempt from the height limit. ii. Spires, belfries, cupolas, and domes of churches shall not exceed a height of sixty-five feet (65') as measured from the ground level. iii. Vents, tanks, solar energy systems, HVAC equipment, and other mechanical enclosures shall be exempted from the height limits so long as they do not extend more than fifteen feet (15') above the roof upon which they are located. Solar energy systems in NR-1. NR-2, and NR-3 are not exempt from zoning district height limits. iv. Internal building height shall be measured from finished floor to bottom of the structural members of the ceiling. v. Floor to ceiling heights shall not apply to parking structures or civic buildings. (i) Encroachments: i. Encroachments into the public right-of-way shall not be permitted. ii. Encroachments over Required Setbacks: Canopies, awnings, galleries, and balconies may encroach over any required setback areas per standards established in each zoning district as long as the vertical clearance is a minimum of ten feet (10') from the finished sidewalk elevation. 1. Maximum of fifty percent (50% of the depth of the sidewalk or ten feet (10') (whichever is less) (except blade signs which shall encroach no more than six feet (6') from the building facade line). 2. In no case shall an encroachment be located over an on -street parking or travel lane. 3. Additional license agreements are required for all encroachments over public right- of-way. 11 6.1 General to All Zoning Districts (j) Phased Developments: Due to the long-term development vision within the TRC, certain building form and site development standards may be deferred for phased development projects meeting the following criteria: i. Submission of a site plan that illustrates how development and any related private improvements will be phased over time. Each phase of the site plan shall independently comply with all applicable standards of the TRC unless a Permitted Adjustment is granted. ii. Required private landscaping and open space amenities may also be phased with the building. iii. If a full block is being phased in development, design and development standards may be measured at the full block level in order to accommodate the various phases of the development. (k) Required Public Improvements: All site plans that require public improvements such as sidewalk and streetscape improvements may be deferred through the payment of a proportional fee -in -lieu when the entire length of that block is not within the site plan. Campus Commercial Zoning District 12 Attachment I PC Agenda Item — 3B 'It ,fi` DEN HILLS MEMORANDUM DATE: October 4, 2023 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case # 23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Ground -Mounted Solar Energy Systems in R-1, R-2, and R-3 Residential Districts Zoning Code Amendment Requested Action Donald Wahlberg, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. Solar Energy Systems Planning Case Background In February, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as well as outlined special provisions for Solar Energy Systems in the Conservation District. The request from Alatus was to establish a pathway for solar energy systems to be allowed as a principal use through the Conditional Use Permit Process. The Zoning Code Amendment was reviewed by the Planning Commission on March 8, 2023 and approved by the City Council on April 10, 2023. While the Solar Energy Systems definitions are applicable to the City as a whole, the special provisions and CUP process for Solar Energy Systems were specifically established for the Conservation District. Solar Energy Systems in Residential Districts In August, All Energy Solar contacted the City on behalf of the Applicant regarding provisions for ground -mounted solar energy systems in residential zoning districts. Staff conveyed that, at present, the City Code is absent of language permitting ground -mounted solar energy systems in City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 5 residential zoning districts and that these systems are currently not permitted in the City outside of the Conservation District. Roof -mounted solar energy systems are permitted through the building and electrical permit application processes and administered according to the Minnesota Building Code. The Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states "Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." For research, staff conducted a survey of solar energy system ordinances in local communities to gain insight into how other cities are regulating ground -mounted solar energy systems. A majority of the 17 communities surveyed allow for ground -mounted solar energy systems as an accessory use in single family residential zoning districts with a majority of these communities permitting proposed systems administratively. Staff also referenced the Minnesota Solar Model Ordinance (Attachment C), which provides recommendations for local solar energy standards to create an as - of -right solar installation path for property -owners and to limit regulatory barriers to developing solar resources. The ordinance examples of other cities and the model ordinance contributed to the draft ordinance language prepared by Staff which would establish ground -mounted solar energy systems as an accessory use in the R-1, R-2, and R-3 residential zoning districts that can be approved administratively. The Applicant's proposed text amendments reference the screening of ground -mounted solar panels as a provision of approval. In considering provisions for solar energy systems, Staff referred to the ordinances of local communities and the Minnesota Solar Model Ordinance. Staff determined that the existing regulation standards for the R-1, R-2, and R-3 residential districts and accessory structures could be applied to ground -mounted solar energy systems as well as roof - mounted solar energy systems, for which the Zoning Code is absent of regulations and standards. The proposed text amendments include regulations such as impervious surface and structure coverage, heights, and setbacks to balance solar energy development and community character. Many of these refer to the underlying zoning district requirements so that there is no conflicting language between accessory uses (i.e. sheds, detached garages, swimming pools). Like other accessory uses, ground -mounted solar energy systems in the R-1, R-2, and R-3 residential zoning districts will be subject to location and size requirements. Ground -mounted solar energy systems shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. Additionally, systems will count as one of a residential property's two permitted accessory structures primarily used for residential uses and contribute to the total lot coverage by structure. The proposed text amendments also mirror the length of ordinances in some other communities while addressing specific city standards and establishing standards for roof- and ground -mounted solar energy systems. The Applicant's residential property is located in the R-1 Single Family Residential Zoning District. The proposed text amendments would include the R-2 Single Family and Two Family Residential District and the R-3 Townhouse and Low Density Multiple Dwelling District as staff identified that residential properties in these districts could also be suitable for ground -mounted solar energy systems. Staff drafted the proposed ordinance language to include R-1, R-2, and R-3 residential zoning districts consistent with the implementation strategies of the City's 2040 City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 5 Comprehensive Plan. Solar energy systems are referenced in Chapter 10 Protected Resources and Chapter 12 Resilience and Sustainability as a use to be encouraged if it is in keeping with the community's character. Staff invites the Planning Commission to discuss and comment on the broadened scope of the proposed text amendments. Zoning Code Text Amendments To allow ground -mounted solar energy systems as a land use in the R-1, R-2, and R-3 residential zoning districts, the City's Zoning Code would need to be amended to designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future proposed solar energy system within the R-1, R-2, and R-3 zoning districts would apply for administrative review and approval through the building permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative as well as a few other text amendment considerations based on the Minnesota Solar Model Ordinance for "Solar Energy System" language within Sections 1320.05 Land Use Chart and 1325.02 Accessory Uses. The entire redlined versions of the proposed text amendments for Planning Commission consideration are included as Attachment D and E. Below is a summary of the proposed ordinance amendments: Proposed Code Amendments to Consider: 1) The Land Use Chart within Section 1320.05 would be amended to include solar energy system as an accessory use for residential districts: a. Add Solar Energy System as an Accessory Use under the R-1, R-2, and R-3 Districts. 2) Amend Section 1325.02 Accessory Uses a. Create a new Subdivision 7 that outlines special provisions for Solar Energy Systems as an accessory use in the R-1, R-2, and R-3 Residential Zoning Districts. i. Establish height, setback, visibility, and coverage requirements for solar energy systems based on existing regulations for the R-1, R-2, and R-3 residential districts and accessory structures. ii. Differentiate between regulations for roof -mounted and ground- or pole - mounted solar energy systems. iii. Explain the administrative approval process and required submission materials for solar energy systems. iv. Highlight that all solar energy systems require a building permit application and approval that is distinct from administrative approval. Additional Review Building Official The Building Official has reviewed the special provisions for solar energy systems and has no additional comments at this time. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 5 Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 6. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 7. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 8. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 9. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts, based on the findings of fact and the submitted materials. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 5 • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on September 21, 2023. As of September 27, the City has not received any public comments regarding this case. Deadline for Ai!ency Actions The City of Arden Hills received the completed application for this request on September 13, 2023. Pursuant to Minnesota State Statute, the City must act on this request by November 11, 2023 (60 days). Attachments A) Land Use Application B) Written Narrative C) MN Solar Model Ordinance D) Draft Amendment Accessory Uses E) Draft Amendment Land Use Chart City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 5 Attachment J PC Agenda Item — 3A 'It ,fi` DEN HILLS MEMORANDUM DATE: November 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case # 23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Zoning Code Amendment - Ground -Mounted Solar Energy Systems in R-1, R-2, R-3, NR-1, NR-2, and NR-3 Residential Districts Requested Action Donald Wahlberg, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. The proposed ordinance amendment would also modify Section 1380 — TCAAP Redevelopment Code ("TRC") to allow ground -mounted solar energy systems as an accessory use with criteria within the Neighborhood 1 ("NR-1"), Neighborhood 2 ("NR-2"), and Neighborhood 3 ("NR-3") residential districts. History of the Planning Case In September 2023, the Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states "Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." At the October 4, 2023 meeting of the Planning Commission, staff presented drafted language that would allow for the accessory use of ground -mounted solar energy systems through an administrative process in R-1, R-2, and R-3 zoning districts. The language also established provisions for both roof- and ground -mounted solar energy systems. The Planning Commission approved a motion to table the planning case with direction for staff to provide language for the aesthetics, visibility, and screening of ground -mounted solar energy systems, incorporate the residential districts that fall under the TRC, and consider the comments provided by All Energy Solar during the October 4, 2023 public hearing. City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 8 Requested Information Aesthetics, Screening, and Visibility The Planning Commission directed staff to investigate ordinance language to provide for the aesthetics, screening, and visibility of ground -mounted solar energy systems. Staff reviewed the ordinances of neighboring cities for language that could be incorporated to balance solar energy system development with maintaining community character in residential zoning districts through provisions for aesthetics, screening, and visibility. Ten of the 17 communities originally surveyed permitted ground -mounted solar energy systems in at least one residential zoning district. Five out of the ten solar ordinances referenced the screening, visibility, or aesthetics of ground -mounted systems. One of the ten solar ordinances referenced design standards for electrical lines accompanying a solar energy system. Below is some of the language used in the solar ordinances of these communities. - Mounds View - Ground -mounted SES [solar energy systems] shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. - Falcon Heights and Roseville - Solar energy systems using roof -mounting devices or ground -mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. - St Anthony Village - The supporting framework for freestanding solar energy systems shall not include unfinished lumber. Any lines accompanying a solar energy system, other than those attached to on -site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a solar energy system can be attached. The Zoning Administrator may grant exemptions to this requirement in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. - North Oaks (drafted ordinance under consideration) - Ground Mounted Solar Energy Systems shall be designed to minimize visual impacts from the public right-of-way and adjacent property. A mix of deciduous and evergreen trees and shrubs shall be provided to buffer the panels from adjacent properties. Natural looking and effective screening is desired, however, as part of the conditional use permit, the City may permit fences in addition to or in lieu of landscaping to provide appropriate screening from adjacent public rights -of -way and neighboring properties. Zoning Code Section 1325.02 Accessory Uses Subd. 7(A)(3) of the proposed ordinance amendment has been modified with language from the Mounds View ordinance. The updated language establishes that ground -mounted solar energy systems shall not be visible from the right- of-way and systems that would be visible to the right-of-way or immediately adjacent residential properties shall require screening. The Planning Commission is asked to consider the drafted provision for screening in the updated ordinance amendment and can suggest amendments if the Commission determines additional or different standards should be added. The Planning Commission may also wish to discuss a hybrid of ordinance language for visibility that would only City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 8 require screening of the back (rear) side for the ground -mounted solar panels that establishes standards for reducing visibility of electrical wiring and/or mounting hardware. TCAAP Redevelopment Code The Planning Commission directed staff to determine how the provisions for roof- and ground - mounted solar energy systems could be applicable to the residential zoning districts in the TRC. Staff reviewed the TRC sections that mirror the Accessory Uses and Land Use Chart of Sections 1325.02 and 1305.01. Staff also considered possible inconsistencies between the Arden Hills Code ("AHC") sections and the TRC sections that might impact solar energy systems as an accessory use for the NR-1, NR-2, and NR-3 residential zoning districts. Upon review of the TRC, staff found code language in Subsection 6.1(h)(iii) of Section 1380 that exempts roof -mounted solar energy systems from height limits in all TRC zoning districts "so long as they do not extend more than fifteen feet above the roof upon which they are located." To maintain consistency in the residential development of solar energy systems across the city, the proposed solar energy system ordinance language for the TRC residential zoning districts includes an amendment to Subsection 6.1(h)(iii) of Section 1380 stating that solar energy systems in NR- 1, NR-2, and NR-3 are not exempt from the height limitations. The height for solar energy systems in the TRC residential districts would be regulated by the provisions in Section 1325.03 Accessory Uses Subd. 7 Solar Energy Systems as drafted in the proposed ordinance amendment. Staff determined that the drafted ordinance language permitting solar energy systems as an accessory use in R-1, R-2, and R-3 is compatible with the existing standards and regulations for the NR-1, NR-2, and NR-3 residential districts in the TRC. The proposed ordinance amendments would add solar energy systems to the TRC Schedule of Permitted Uses as an accessory use with criteria for the NR-1, NR-2, and NR-3 zoning districts. A reference to the provisions proposed for Section 1325.02 Accessory Uses would be added to Section 1380 5.2 Additional Use Criteria. Comments from All Energy Solar At the October 4, 2023 meeting of the Planning Commission, an All Energy Solar representative provided public comment with regards to the drafted ordinance amendment. Comments included suggestions to modify 1325.02 Accessory Uses Subd. 7(A)(3) - Visibility, to clarify Subd. 7(A)(3b) — Solar energy systems with mounting devices and the language stating that roof - mounted systems shall be no higher than 12 inches above the roof, and to explain the Subd. 7(A)(4a) — Coverage provision that roof -mounted solar energy systems shall not cover more than 80 percent of a south -facing or flat roof. The All Energy Solar representative asked if the ordinance language could establish that the design of a solar energy system should not negatively impact its efficacy. In Subd. 7(A)(3) - Visibility, staff has added the clause, "to the extent that doing so does not affect the cost or efficacy of the system," to the drafted ordinance amendment. This language was provided in the Minnesota Model Solar Ordinance and is included in the ordinances of several neighboring communities. The City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 8 Planning Commission is invited to comment on this addition and offer any amendments deemed necessary. The first draft of Subd. 7(A)(3b) — Solar energy systems with mounting devices included a regulation that roof -mounted systems shall be no higher than 12 inches above the roof. This regulation in the drafted ordinance amendment aligns with other communities as a provision to encourage the installation of flush -mounted solar energy systems. Based on information provided All Energy Solar, non -flush roof -mounted solar energy systems, which are often installed on flat roofs but can also be installed on pitched roofs to attain optimal sunlight, range from 13 inches to 4 feet above the roof surface. The Minnesota Model Solar Ordinance includes language that roof -mount systems on flat roofs visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof. In response to this information, language has been drafted to allow for height flexibility for a flat -roof -mounted solar energy system of up to 5 feet above the roof surface, subject to Zoning Administrator approval and the height requirements established in Subd. 7(A)(1) — Height. The Planning Commission can review this language and provide comments on other possible amendments. Subd. 7(A)(4a) — Coverage was drafted based on the coverage requirements in the AHC and the solar ordinance language of neighboring communities. The section includes the requirement that a roof -mounted solar energy system should not take up more than 80 percent of a south -facing or flat roof. Staff reviewed this provision and inferred that it is used by other cities to ensure ready roof access in the event of a fire or other safety occurrence. The All Energy Solar had referenced that roof access and load are regulated by the Building Code. As a follow-up, staff discussed the 80 percent regulation with the City Building Inspector and confirmed that the 2020 Minnesota Building Code requirements for roof -mounted solar energy systems already account for roof access as well as any weight load concerns. The less than 80 percent coverage requirement has been removed from the drafted ordinance amendment as the intent behind this regulation has been verified as part of the building permit application review process. The Building Inspector would verify a roof -mounted solar energy system meets the safety access and weight requirements of the Minnesota Building Code before issuing a building permit for a roof -mounted solar energy system. The drafted ordinance language has been modified to reference the roof coverage requirements of the Building Code. Attachment D provides an overview of the 2020 Minnesota Building Code requirements for roof -mounted solar energy systems. The Planning Commission may consider the drafted language and propose amendments. Zoning Code Text Amendments To allow ground -mounted solar energy systems as a land use in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts, the City's Zoning Code would need to be amended to designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 8 proposed solar energy system within the R-1, R-2, and R-3 zoning districts and the NR-1, NR-2, and NR-3 zoning districts would apply for administrative review and approval through the building and electric permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative, the Minnesota Solar Model Ordinance, ordinances of neighboring communities, and the comments from All Energy Solar for "Solar Energy System" language within Sections 1320.05 Land Use Chart, 1325.02 Accessory Uses, 1328 5.0 Schedule of Permitted Uses, and 1328 5.2 Additional Use Criteria. Amendments were also made to Section 1380 6.1 General to All Zoning Districts to address solar energy system heights in residential zoning districts. The entire redlined versions of the proposed text amendments for Planning Commission consideration are included as Attachment E, F, G and H. Below is a summary of the proposed ordinance amendments: Proposed Code Amendments to Consider: 1) The Land Use Chart within Section 1320.05 would be amended to include solar energy system as an accessory use for residential districts: a. Add Solar Energy System as an Accessory Use under the R-1, R-2, and R-3 Districts. 2) Amend Section 1325.02 Accessory Uses a. Create a new Subdivision 7 that outlines special provisions for Solar Energy Systems as an accessory use in the R-1, R-2, and R-3 Residential Zoning Districts. i. Establish height, setback, visibility, and coverage requirements for solar energy systems based on existing regulations for the R-1, R-2, and R-3 residential districts and accessory structures. 1. Establish that review will include consideration for screening and aesthetics. ii. Differentiate between regulations for roof -mounted and ground- or pole - mounted solar energy systems. iii. Explain the administrative approval process and required submission materials for solar energy systems. iv. Highlight that all solar energy systems require a building permit application and approval that is distinct from administrative approval. 3) Amend Section 1380 5.1 Schedule of Uses a. Add Solar Energy System as an Accessory Use with Criteria under the NR-1, NR- 2, and NR-3 Districts. 4) Amend Section 1380 Section 5.2 Additional Use Criteria a. Create an Accessory Use with Criteria for Solar Energy Systems that states Solar Energy Systems shall conform to the provisions included in Section 1325.03, Subd. 7 of the AHC. 5) Amend Section 1380 Section 6.1 General to All Zoning Districts City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 8 a. Add a sentence stating that solar energy systems in the NR-I, NR-2, and NR-3 zoning districts are not exempt from zoning district height limits. Additional Review Building Official The Building Official has reviewed the special additional comments at this time. Findings of Fact provisions for solar energy systems and has no The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-I, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 — General to All Zoning Districts to state solar energy systems in NR-I, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 9. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 6 of 8 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts and the NR-I, NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR- 1, NR-2, and NR-3 Residential Districts, based on the findings of fact and the submitted materials. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-I, NR-2, and NR-3 Residential Districts with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-1, NR- 2, and NR-3 Residential Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-I, NR-2, and NR-3 Residential Districts: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on October 28, 2023. As of November 1, the City has not received any public comments regarding this case. Deadline for Agency Actions City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 7 of 8 The City of Arden Hills received the completed application for this request on September 13, 2023. Pursuant to Minnesota State Statute, the City must act on this request by November 11, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. On October 6, 2023, the City provided the Applicant with written notification extending the review period to January 11, 2024 (120 days) based on the Planning Commission's direction to table the planning application and for review by the Planning Commission and City Council during the November meeting cycle. The Applicant confirmed receipt of the extended review period on October 6, 2023. Attachments A) Land Use Application B) Written Narrative C) MN Solar Model Ordinance D) MN Building Code Solar Fact Sheet E) Draft Amendment Land Use Chart F) Draft Amendment Accessory Uses G) Draft Amendment Schedule of Permitted Uses and Additional Use Criteria H) Draft Amendment Building and Site Development Standards I) October 4, 2023 PC Memo City of Arden Hills Planning Commission Meeting for November 8, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 8 of 8 Attachment K ARDEN HILLS PLANNING COMMISSION — October 4, 2023 3 Commissioner Bjorklund asked what type of signage would be allowed in a residential zoning district for a home occupation. Community Development Director Jagoe discussed the language included within the sign ordinance that addresses residential properties and home occupations. She recalled that there was to be no exterior evidence of the home occupation and this includes signage. Commissioner Wicklund asked if parking was allowed on the east side of Hamline Avenue. Community Development Director Jagoe stated she did not believe this was allowed. She explained that city codes states that on street parking shall not be used to satisfy the home occupation needs. Chair Vijums opened the public hearing at 6:46 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Brian Densmore, 4504 Hamline Avenue, explained he was not worried about any business signage. He reported he has no intention of parking on Hamline Avenue, noting his driveway was long enough to handle parking. Commissioner Blilie asked how many visitors he would have each week during the tax season. Mr. Densmore commented this number would vary from week to week noting he had many clients that visit with him virtually and some visit with him in person. There being no additional comment Chair Vijums closed the public hearing at 6:48 p.m. Commissioner Wicklund moved and Commissioner Weber seconded a motion to recommend approval of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North based on the findings of fact and the submitted plans, as amended by the five conditions in the October 4, 2023, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 23-018; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in Residential Districts — Public Hearing Senior Planner Fransen stated Donald Wahlberg, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. Senior Planner Fransen reported in February 2023, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as well as outlined special provisions for Solar Energy Systems in the Conservation District. The request from Alatus was to establish a pathway for solar energy systems to be allowed as a principal use through the Conditional Use Permit Process. The Zoning Code Amendment was reviewed by the Planning Commission on ARDEN HILLS PLANNING COMMISSION — October 4, 2023 4 March 8, 2023 and approved by the City Council on April 10, 2023. While the Solar Energy Systems definitions are applicable to the City as a whole, the special provisions and CUP process for Solar Energy Systems were specifically established for the Conservation District. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 6. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 7. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 8. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 9. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R- 3 Residential Districts. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy Systems as an Accessory Use in the R-1, R-2, and R-3 Residential Zoning Districts: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber asked if the ground mounted solar counted as an accessory structure for a property. Senior Planner Fransen reported this would be the case in the drafted Ordinance language. Commissioner Collins questioned what type of approvals would be needed for a ground mounted solar array. ARDEN HILLS PLANNING COMMISSION — October 4, 2023 Senior Planner Fransen explained the applicant would need administrative approval, along with a building permit and electrical permit. She reported some communities require conditional use permit approval. She indicated the drafted ordinance language would establish that residential solar energy systems could be approved at an administrative level. Commissioner Bjorklund thanked staff for their thorough work on this Ordinance. Commissioner Wicklund stated he understood the Conservation District allowed ground mounted solar. He inquired if the NR-1 and NR-2 districts within the TRC (TCAAP Redevelopment Code) would allow for ground mounted solar. Senior Planner Fransen explained the ordinance as currently drafted was specific the R-1, R-2, and R-3 zoning districts. Commissioner Bjorklund commented it appears Don Wahlberg would be setting a precedent that would benefit residents in R-1, R-2 and R-3 districts. He wondered if the City should be charging him $1,900 to go through the approval process, given the fact many residents would be benefiting from this code change. Community Development Director Jagoe reported there was an application fee for resident initiated zoning code amendments. She stated if a refund were to be considered for this matter, it would have to be reviewed and approved by the City Council. Commissioner Weber and Commissioner Bjorklund indicated support for the City Council to consider refunding the land use application fees in this circumstance. Chair Vijums stated he was uncertain how to determine what amount should be refunded to Mr. Wahlberg. Commissioner Wicklund indicated he did not think it was necessary for the City to refund this applicant. Commissioner Weber questioned if there was another way to go about initiating an ordinance amendment, through an alternate path brought forward from the City Council. Community Development Director Jagoe explained Mr. Wahlberg came to a City Council meeting in advance of making the application. She stated direction was not given by the City Council regarding this matter. She noted the Planning Commission could provide the City Council with recommendation regarding the fees that were charged. Chair Vijums stated he did a thorough review of the Ordinance and had a number of questions. He indicated he had several items that he believed should be included or considered for the Ordinance. He questioned if solar energy systems should be allowed on carports. He recommended screening language be considered for solar panels. He supported the Ordinance being tabled until additional language was added to address this concern. Commissioner Weber asked if building permit requirements addressed any of these concerns. Senior Planner Fransen commented the electrical and structural concerns would be addressed through the building permit consideration and zoning requirements would address setbacks. ARDEN HILLS PLANNING COMMISSION — October 4, 2023 6 Commissioner Weber questioned if the proposed Ordinance spoke to screening requirements. Senior Planner Fransen indicated the drafted Ordinance did not require screening. She reported staff took this approach because other accessory structures do not require screening. She indicated the Planning Commission could make recommendations regarding screening, if this was a concern. Commissioner Wicklund inquired when the applicant paid the permit fee for a building permit. Senior Planner Fransen stated the applicant would pay the fee when the application review is completed and the permit was ready to be issued. Commissioner Wicklund asked if this item were tabled could the language within the Ordinance change, noting he would like to see the TRC NR-1 and NR-2 zoning districts be included in the proposed Ordinance. Community Development Director Jagoe reported if the Commission were to table this item staff could be directed to make amendments to the language and a second notice could be sent out for this zoning code amendment. Commissioner Collins stated he fully supported the proposed Ordinance. He noted this was the way of the future and he was pleased the City was considering this zoning code amendment. He was of the opinion that screening would be counterproductive. He supported the City offering an alternative for how residents receive their power. Commissioner Weber commented he strongly supported the proposed zoning code amendment. Commissioner Blilie inquired why someone would have a ground mounted system versus mounting it on the roof. Chair Vijums indicated this may be a personal choice or may have to do with the structural integrity of the roof. Commissioner Bjorklund stated this may also depend on the slope and direction that a roof is facing. Senior Planner Fransen added that the structure could also have tree coverage that provide cooling benefits during the summer and that trees could need to be removed to provide adequate sunlight for a roof -mounted solar array to be effective. She offered that this could be contradictory to the intent of a solar energy system. Chair Vijums indicated he supported solar arrays, but stated they were not aesthetically pleasing, especially if they were in backyards. He believed the Commission was not ready to vote on this zoning code amendment because it needed more language regarding aesthetics and screening. Commissioner Collins explained solar panels had a utilitarian look because they provided utility. He supported the City moving towards progress versus worrying about aesthetics. He indicated the City could address materiality. ARDEN HILLS PLANNING COMMISSION — October 4, 2023 7 Commissioner Bjorklund believed the City needed to get practical and understand what times the community was facing. He stated solar would be critical going forward in order to reduce green house gas emissions. He was of the opinion the zoning code amendment should move forward because it was very important. Chair Vijums recommended the following language change in Item A2(b): ground or pole mounted solar energy systems are only permitted in rear yards and may not extend into the required rear yard accessory setback. Senior Planner Fransen indicated staff can modify this language to include the word not. Chair Vijums requested clarification on Item 4(c). Senior Planner Fransen explained in the R-1, R-2, and R-3 residential districts, residential properties are permitted a maximum impervious surface coverage of 35% . She stated the proposed language would allow a property that had 35% coverage and was looking to install solar, to have an increase of up to 10% to accommodate the solar system if the provisions in Item 4(c) were satisfied. Chair Vijums asked that staff review this language in order for it to read more clearly. He suggested language be added from the Minnesota Solar Ordinance to the City's Ordinance (Page 11) when it comes to soil conditions for a panel system. Senior Planner Fransen indicated staff could add language if this was the recommendation of the Planning Commission. Further discussion ensued regarding the engineering behind installing a solar array system. Chair Vijums supported the Ordinance addressing the need for qualified engineered drawings for solar arrays. Commissioner Wicklund agreed stating it may be beneficial to have engineers looking at the structural integrity of the mounting system. Commissioner Collins stated this would be yet another financial burden for residents looking to install a solar energy system. Chair Vijums believed it was critical to have an engineer reviewing these plans to ensure the structural load could withstand the wind and weather. Senior Planner Fransen stated representatives from All Energy Solar were in attendance and could address the Planning Commission on the drafted ordinance language. Chair Vijums opened the public hearing at 7:49 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Danielle DeMarre, All Energy Solar, introduced herself to the Commission. She explained All Energy Solar was a local energy solar installer that installed over 8,000 systems. She requested the language within the zoning code amendment be reconsidered under Item 3 — Visibility. She ARDEN HILLS PLANNING COMMISSION — October 4, 2023 recommended the language be reconsidered to include the language from the Minnesota Solar Model Ordinance. She commented on how south facing rooflines were with most efficient way to capture solar energy. She requested clarification in Item 3(b) regarding the height of panels above a roof. She discussed how some roof systems are raised up when installed. She suggested five feet be allowed. She asked that there be a change to Section 4 — Coverage, under Section A. She questioned why the City was setting a limit of 80% coverage for south facing or flat roofs. She urged staff to update this outdated language noting Minnesota State building code addresses the percentage of roof coverage. She commented further on how Minnesota State building code addresses structural concerns when it comes to solar energy systems. Commissioner Wicklund asked if all installers of ground mounted systems were governed by Minnesota rule codes or statutes, and this addressed wind loads for structures. Ms. DeMarre reported this was the case. She explained each new code that comes out on a yearly basis addresses wind load for ground mounted structures. Commissioner Weber indicated this code specifically addresses ground mounted solar systems. He inquired if the Minnesota State Building Code addresses ground mounted systems. Ms. DeMarre discussed how ground mounted systems were addressed within the State building code. There being no additional comment Chair Vijums closed the public hearing at 7:59 p.m. Chair Vijums commented his concerns regarding power lines would be satisfied by Minnesota Statutes and Minnesota building code. The Commission was in agreement. Chair Vijums indicated his other concern was with visibility and screening. He stated he was under the impression staff should investigate this portion of code further. Chair Wicklund recommended staff also consider if it would be appropriate to add NR-1, NR-2 and NR-3 within the TRC to this zoning code amendment. He stated he supported the expansion of solar in Arden Hills. However, because there was no urgency, he supported the matter being tabled to allow staff and the Commission to work through some of the concerns that have been brought up. Chair Vijums supported this recommendation and thanked staff for all of their efforts on the drafted code amendment language. Commissioner Weber reported staff referenced the Minnesota Solar Model Ordinance within the zoning code amendment. He explained his understanding of this language was that homeowners had the right to pursue the ownership of solar energy. He was of the opinion neighbors could not limit a resident's right to pursue solar energy. He asked for staff s opinion on this matter. Senior Planner Fransen indicated this was staffs interpretation when drafting the language for the proposed process of administrative approval for solar energy systems. Chair Vijums read the language the Applicant provided for the proposed zoning code amendment again for the record stating "ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." ARDEN HILLS PLANNING COMMISSION — October 4, 2023 9 Commissioner Weber believed this language was a good reason to table action on the zoning code amendment. However, he indicated concern with adding requirements to the drafted ordinance that would increase the cost of solar energy systems. He feared that adding requirements to the drafted ordinance language would limitaccess to solar. He supported the City fleshing this out before approving the zoning code amendment. He commented his concern was that delaying this matter would increase costs for those trying to install a solar energy system yet this fall. It was his opinion that adding additional screening requirements would put up barriers. Commissioner Collins indicated he had an issue with the City trying to dictate what the systems could look like for the neighbors. He stated he had an issue with the Commission establishing aesthetics requirements for solar energy systems. He noted solar arrays are always going to have a utilitarian look because they are a metal structure with black panels. He questioned how a delay would benefit the City. Chair Vijums offered that the Arden Hills zoning code currently references requirements for screening when applicable. Commissioner Bjorklund feared that screening requirements would create huge barriers for residents seeking solar energy systems. He supported the Commission moving forward with the zoning code amendment. Commissioner Weber recommended the Commission address the TRC zoning districts that should be added to the code language prior to voting on this matter. Commissioner Wicklund suggested the four residential zoning districts within the TRC be included in this zoning code amendment. He stated another option for the Commission to consider is neighbor consent for solar energy systems, as was included in the zoning code amendment for the keeping of chickens. Commissioner Weber stated he could support moving this item forward. Chair Viiums moved and Commissioner Wicklund seconded a motion to table action on Planning Case 23-018 a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts to a future Planning Commission meeting requesting staff address visibility, aesthetics, screening and the TRC zoning districts, as well as addressing the comments from All Energy Solar. The motion failed 3-3 (Commissioners Biorklund, Collins and Weber opposed). Commissioner Collins moved and Commissioner Biorklund seconded a motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts, based on the findings of fact and the submitted materials with amendments to add the word "not" to Section A 4(b). Commissioner Weber supported the Commission adding language to the motion for approval directing staff to add the residential zoning districts within the TRC. ARDEN HILLS PLANNING COMMISSION — October 4, 2023 10 Community Development Director Jagoe reported if this was the direction of the Planning Commission, she indicated that the case should be tabled as there are other aspects of the TRC that staff should review and to provide appropriate notice for the ordinance language that affects another chapter of the zoning code. The motion failed 3-3 (Commissioner Blilie, Commissioner Wicklund and Chair Viiums opposed). Chair Viiums moved and Commissioner Wicklund seconded a motion to table action on Planning Case 23-018 a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts to a future Planning Commission meeting requesting staff address visibility, aesthetics, screening and the TRC zoning districts, as well as addressing the comments from All Energy Solar. The motion passed 4-2 (Commissioners Biorklund and Collins opposed). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She explained the 23 homes have submitted requests with Just Deeds to help discharge the racial covenants on their deeds. She encouraged the Commissioners to attend an open house on Wednesday, November 1 for Rice Creek Commons from 6:00 p.m. to 8:00 p.m. at the Ramsey County Public Works Building in the Marsden Room. She stated the Council would be meeting with Representative Frethem, Representative Moller and Senator Marty regarding Lake Johanna Boulevard on Monday, November 20 at a special worksession meeting. She explained the Primer Tracer property was still being bid on. She reported the Council approved a preliminary levy of 12.55% for 2024. She indicated the Council would be holding a vision setting retreat in the first quarter of 2024 and invited the Commission to consider projects the City Council should be incorporating in the vision for 2024 and 2025. B. Planning Commission Comments and Requests None. ADJOURN Chair Viiums moved, seconded by Commissioner Wicklund, to adiourn the October 4, 2023, Planning Commission Meeting at 8:29 p.m. The motion carried unanimously (6-0). Attachment L ,�Tt -ADI�EN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 8, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Brad Bjorklund (attending remotely, arrived at 6:40), Shelley Blilie, Arlene Mitchell, Kurtis Weber, and Jonathan Wicklund. Absent: Commissioner Joshua Collins. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA — NOVEMBER 8, 2023 Chair Viiums moved, seconded by Commissioner Wicklund, to approve the November 8, 2023, agenda as presented. The motion carried unanimously (5-0, Commissioner Biorklund arrived after the motion carried). APPROVAL OF MINUTES October 4, 2023 — Planning Commission Regular Meeting Chair Viiums moved, seconded by Commissioner Weber, to approve the October 4, 2023, Planning Commission Regular Meeting as presented. The motion carried unanimously (5- 0, Commissioner Biorklund arrived after the motion carried). PLANNING CASES A. Planning Case 23-018; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in Residential Districts — Public Hearing Senior Planner Fransen stated Donald Wahlberg, ("Applicant") is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the ARDEN HILLS PLANNING COMMISSION — November 8, 2023 2 accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. The proposed ordinance amendment would also modify Section 1380 — TCAAP Redevelopment Code ("TRC") to allow ground -mounted solar energy systems as an accessory use with criteria within the Neighborhood 1 ("NR-1 "), Neighborhood 2 ("NR-2"), and Neighborhood 3 ("NR-3") residential districts. Senior Planner Fransen explained in September 2023, the Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states "Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." At the October 4, 2023 meeting of the Planning Commission, staff presented drafted language that would allow for the accessory use of ground -mounted solar energy systems through an administrative process in R-1, R-2, and R-3 zoning districts. The language also established provisions for both roof- and ground -mounted solar energy systems. The Planning Commission approved a motion to table the planning case with direction for staff to provide language for the aesthetics, visibility, and screening of ground -mounted solar energy systems, incorporate the residential districts that fall under the TRC, and consider the comments provided by All Energy Solar during the October 4, 2023 public hearing. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 — General to All Zoning Districts to state that solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 9. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. ARDEN HILLS PLANNING COMMISSION — November 8, 2023 3 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts and the NR-1, NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-1, NR-2, and NR-3 Residential Districts: l . Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber asked if the lack of screening within an application would require a variance. Senior Planner Fransen reported this would be based on the design of the solar array and if it would be visible from the right of way or adjacent residential properties. Chair Vijums commented on the screening language, stating he believes the language was sufficient in that it accounted for those who are not choosing to install a solar energy system but are affected by their visual presence. Commissioner Weber commented that the statement "to the extent that doing so does not affect the cost or efficacy of the system" could provide an out from screening. Chair Vijums stated that options are given for different types of screening so an applicant could select a cheaper method. While he understood the screening requirements would cost applicants more money, in the end, the applicant would be saving money on their electrical bills. Community Development Director Jagoe added that the language as drafted addresses the design, placement, or location impact on the cost of a proposed solar energy system, not the cost of screening that might be required for the proposed system to be in compliance with the code. Commissioner Bjorklund thanked staff for their efforts on this Planning Case. He explained he reviewed the proposed code amendments and he supported them fully. He recommended Attachments F, G and H be referred to in the proposed code amendment. Commissioner Mitchell questioned if corner lots would require additional screening. ARDEN HILLS PLANNING COMMISSION — November 8, 2023 4 Senior Planner Fransen explained applicants with corner lots would have to consider the visibility from both frontages when it comes to screening. Commissioner Mitchell asked for confirmation that the visibility screening provisions apply to street frontage right of way and not to trail frontage. Senior Planner Fransen confirmed that the drafted language is specific to street frontage right of way and offered that the Planning Commission could suggest language to make the visibility provision applicable to trail frontages as well. Commissioner Mitchell inquired if applicants would have to keep the ground under a rear yard mounted solar array mowed. Senior Planner Fransen stated the same maintenance would be required under a solar array as is required for the rest of the rear yard. Commissioner Blilie thanked staff for providing the Commission with information on how other communities regulate ground mounted solar. She asked if staff had any feedback on if these other communities had any ground mounted solar arrays. Senior Planner Fransen understood that these other communities do have ground mounted solar arrays, noting Roseville had one ground mounted system in place. Commissioner Wicklund stated he would be recusing himself from voting on Planning Case 23-018 because it deals with the TRC, noting he serves as the JDA Chair. Chair Vijums opened the public hearing at 7:04 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Kathryn Nelson, 3475 Siems Court, noted she has been a resident of Arden Hills for the past 38 years. She explained if this zoning code amendment were approved, she would have look at a ground mounted solar array from all three levels of her home in her neighbor's back yard. She indicated her neighbor would be taking down trees in order to make room for the solar panels. She recommended solar arrays remain on roofs and not be allowed in rear yards. She expressed concern with the screening language, noting the code says screening was desired. She feared that this code amendment would open a can of worms that would adversely impact residential property values because neighbors do not want to look at solar arrays in rear yards. She stated erosion could be a concern if grass were allowed to die under a solar panel. Chair Vijums read the screening language within the code amendment noting ground mounted solar energy systems that are visible from the street frontage right of way or immediately adjacent residential properties shall be screened and screening may include walls, fencing and landscaping. Grass can also continue to grow beneath ground -mounted systems. Don Wahlberg, 1451 Arden Place, stated solar panels on roofs are currently allowed, but not ground mounted. He believed this was a shame because ground mounted panels have many advantages. He spoke to the numerous advantages, noting not all yards are suited for solar panels, ARDEN HILLS PLANNING COMMISSION — November 8, 2023 5 but some could be with proper screening. He requested there be a place for ground mounted solar in some Arden Hills residential districts. He commented on the privacy screen he has established in his rear yard and noted the majority of his neighbors were supportive of his solar panels. He discussed that some people see solar panels and think that the person who installed them cares about clean energy and is concerned about the future of the environment. Lynn Diaz, 1143 Ingerson Road, commented she did not have a position regarding ground mounted solar. However, she recommended the screening language be further reviewed. She feared that if the screening were to affect the efficiency of the panels, it will always be eliminated, which will adversely impact neighboring properties. There being no additional comment Chair Vijums closed the public hearing at 7:13 p.m. Chair Vijums questioned if there was anything that would determine screening was not needed, within the proposed code amendment. Senior Planner Fransen reviewed the proposed screening language within the code amendment, that systems shall be designed to minimize visibility and are subject to the screening provisions, and explained the Planning Commission could provide further comment if the language was unclear. Chair Vijums stated he wanted to be assured that screening was required, and if it costs more to put it up, it was still required. Senior Planner Fransen confirmed that the drafted language states that ground mounted solar shall be screened to the extent possible without reducing efficiency. She reported the intent of the drafted language is to require arrays that would be visible to street frontage right of way and adjacent residential properties to be screened with the screening being reviewed by staff. Chair Vijums shared that he liked the language as written as it establishes screening as a requirement. His concern is for potential loopholes with the screening requirement and the associated cost. Commissioner Weber indicated the cost of the solar system was separate from the cost of the screening. He reported that not affecting the cost or efficacy does not apply to screening, but rather to the solar system, which means the system has to be screened, regardless. His understanding is that the cost of screening would not be a viable loophole to get out of required screening. Chair Vijums reported this screening would include walls, fences or landscaping. Commissioner Bjorklund commented on how every property owner has a right to the sun. He did not want the City to be reducing this right. Chair Vijums moved and Commissioner Weber seconded a motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts and NR-1, NR-2, and NR-3 Residential Districts, based on the findings ARDEN HILLS PLANNING COMMISSION — November 8, 2023 6 of fact and the submitted materials. The motion carried unanimously (5-0, Commissioner Wicklund abstained). B. Planning Case 23-019; Zoning Code Amendment to Chapter 13 and City Code Amendment Chapter 15 to Standardize the Permitting Regulations for Filling and Excavation — Public Hearing Senior Planner Fransen stated at the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 — Definitions and 1325.8 — Filling and Excavation and Chapter 15 — Grading and Erosion Control, Section 1510.01 — Definitions and 1530.03 — Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. 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U C.A O M t�A c- z o .� a N UD i �p (� O ._ • — bU 0 c: U ate., buo U v) O U 4- C_ ca • — •� F Q� L, >, " - +� 4j C: Q +-j � C •— O Q) Z U O cn -&- o.� Q •� o 4--j �„ 4-1 00 U N Ul — E V � •— ca o�U"�z Me ao L- w L- c6 O (n U ateJ aJ cn bn 5O G •� i O � N O }, N • cn a) M i � z a Q N N O U z bn • � DC N z I M 00 O N M DC N N cn c6 U •� � N c6 N cn co PUBLIC HEARING — IOC ,`iRZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-019 — Public Hearing Required Applicant: City of Arden Hills Request: City Code Amendments — Chapter 13, Filling and Excavation and Chapter 15, Erosion and Sediment Control Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider • Hold the required public hearing for Planning Case 23-019, a proposal for City Code Amendments to the City's Zoning Code Chapter 13, Section 1305.04 — Zoning Code Definitions and Section 1325.08 — Filling and Excavation and Erosion and Sediment Control Chapter 15, Section 1510.01 — Definitions and Section 1520.03 — Escrow Requirement. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 D. Background At the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Overview of Ordinance Amendments Page 1 of 3 Staff has prepared a draft ordinance identifying language to be added for the City Council's review. The proposed ordinance amendments would bring Chapter 13 and Chapter 15 into alignment with processes and procedures for the movement of soil. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1325.08, Filling and Excavation • Section 1510.01, Erosion and Sediment Control Definitions • Section 1520.03, Escrow Requirement Proposed Ordinance Language: 1) Add a definition for Land Reclamation 2) Amend Section 1325.08 Filling Excavation to be consistent with Chapter 15 a. Strike language that is inconsistent with Section 1510.01 as well as duplicative language that is addressed in greater detail within that section. b. Add language that references Chapter 15 explicitly and update numeric values to be consistent with Section 1510.01. c. Add language to clarify at what threshold of filling or excavation a conditional use permit is required. 3) Amend Section 1510.01 Definitions to align with industry best practices a. Modify the definition for Land Disturbance Activity i. Strike values that are inconsistent with current practices and update them with accurate values. ii. Add language to clarify the types of activities that are considered a Land Disturbance Activity. 4) Amend Section 1520.03 Escrow Requirements to clarify how Grading and Erosion Control escrows will be utilized and to establish a timeline for the return of unused escrow funds. Planning Commission Review The Planning Commission reviewed this application at the November 8, 2023 meeting. The Commission voted 6-0 (Commissioner Collins was absent) to recommend approval of Planning Case 23-019. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on November 16, 2023. As of November 21, 2023, the City has not received any public comments regarding this case. Attachments A) Draft Amendment Section 1305.04 Definitions Page 2 of 3 B) Draft Amendment Section 1325.08 Filling and Excavation C) Draft Amendment Section 1510.01 Definitions D) Draft Amendment Section 1520.03 Escrow Requirement E) Planning Commission Memo F) Draft Planning Commission Minutes G) Presentation Page 3 of 3 Attachment A 1305.04 Definitions 1305.04 Definitions. (revised 07/27/20; revised 04/10/2023; revised 04/24/2023; revised 8/28/2023) • 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). • 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. • 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. • Administrator. The zoning administrator. • 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. • 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. • 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. • Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest. • 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. • 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. • 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. 1305.04 Definitions • 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. • Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. • 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. • 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. • 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. • 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 05/05/10) • 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 02/22/10) Part or all of the feature is located in a shoreland area; The slope rises at least 25 feet above the ordinary high water level of the water body; • 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 The slope must drain toward the waterbody. Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02/22/10) Board. The board of appeals and adjustment established by this Code. Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added 7/14/10) • 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. 2 1305.04 Definitions • Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 10/29/12) • 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. • 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 02/22/10) • 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. Building envelope. (See Lot, Buildable portion of.) • 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. • Building inspector. The inspector as provided for in the building code. • Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. • 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: Size and height of buildings or structures. • Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. • Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. • All open spaces allocated to buildings or structures. Amount of lot area per dwelling unit. • Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. • 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. 3 1305.04 Definitions • Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc. • Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4/28/08) • Call Center. An office for providing incoming and outgoing telephone and computer services, customer service, technical service, or telemarketing activities through electronic communications. (added 7/27/20) • 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 7/14/10) • Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (revised 3/18/09) • Clear -cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10) • Clinic. A building for out -patient medical treatment of humans or small animals. • 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. • Clubs, sports and fitness. A place of assembly where membership maybe required and is directed toward the general public with the commercial promotion of sports and physical fitness. • Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. • 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 7/14/10) • Commercial recreation, outdoor. An accessory commercial recreational use conducted outdoor including but not limited to horseshoes, bocce ball, or cornhole. (added 4/24/2023) N 1305.04 Definitions • 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. • 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. • Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. • 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 12/3/08) • Council. The City Council, as established by the Code of Ordinances. • Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added 7/14/10) • 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 4/28/08) • Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10) • Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7/14/10) • Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (added 7/14/10) • Density. The number of dwelling units permitted by this Code on one (1) acre. • Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. 5 1305.04 Definitions • 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. • 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. • 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. • 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. • Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. • 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 12/03/08) • 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. • 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 a mixed -use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7/14/10) • Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units. Dwelling, single-family. A dwelling that consists of one (1) dwelling unit. Dwelling, two-family. A dwelling that consists of two (2) dwelling units. 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. C 1305.04 Definitions • 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. • 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. • 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. • Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or doors on four sides. (added 10/4/12) • 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. • Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. • 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). • 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 7/14/10) • 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. • Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. • 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. • 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. • 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. 7 1305.04 Definitions • 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. • Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings, Excluding: decks, garages, covered porches conforming with Section 1325.03 Subd 2.1); attics, crawl spaces and basements that do not meet the minimum ceiling height per Minnesota State Building Code requirements. • 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. • Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. • 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. • 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. • 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. • Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (added 7/14/10) • Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined to increase the presence of targeted cannabinoids or when intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. (added 8/28/2023) • Hemp -Derived Consumer Product. A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and containing or consisting of hemp plant parts; or containing hemp concentrate or artificially derived cannabinoids in combination with other ingredients. (added 8/28/2023) • Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. (added 8/28/2023) • Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and E 1305.04 Definitions spiritual facilities; administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 9/25/2017) • Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. • 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 7/14/10) • 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 7/14/10) • 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 7/14/10) • 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. • Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials. • 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. • Land Reclamation. The reclaiming of land by depositing and/or excavating material so as to alter at the minimum four hundred (400) cubic yards of the existing grade, either by hauling and/or regarding the area, shall constitute land reclamation. • 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: Naturally vegetated areas, Wetlands or ponding areas, Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), E 1305.04 Definitions • Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and Outdoor recreation areas. Landscaping. Plantings such as trees, grass, shrubs. Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. • 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. • Lot area. The total site area within the lot lines. • 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. • 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. • 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). • 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. • 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. • 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. • 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. 10 1305.04 Definitions • 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. Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. • 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. • Lot, interior. A lot other than a corner or reversed corner lot. • Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. • Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non -conforming lots. Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters. • Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. • Lower -Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; (6) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol; (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and (8) is a type of product approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that Office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods. Lower -Potency Hemp Edibles includes "edible cannabinoid products" as defined by Minn. Stat. § 151.72. Lower -potency hemp edibles do not include products containing only nonintoxicating cannabinoids. (added 8/28/2023) • Lower -Potency Hemp Edible Sales. The processing or sale of lower -potency hemp edibles or hemp -derived consumer products. (added 8/28/2023) • 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, 11 1305.04 Definitions or storage in an area other than a basement area, is not considered a building's lowest floor. (added 05/05/10) • 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 05/05/10) • 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. • Class I: Above uses without exterior storage. • Class II: Above uses with permitted exterior storage. • Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. • Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on -sale and off -sale alcohol in compliance with MN state statute 340A.301, subd. 6b. (added 10/29/12) • Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12) • 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 7/14/10) • Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. 12 1305.04 Definitions • 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. • 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 7/14/10) • 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. • 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. • 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. • 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 02/22/10) • 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. • Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. • Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair the central nervous system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited to cannabidiol (CBD) and cannabigerol (CBG) but does not include any artificially derived cannabinoid and must contain less than 0.3% tetrahydrocannabinol (THC). (added 8/28/2023) • Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. 13 1305.04 Definitions • 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 7/14/10) • 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. • 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 7/14/10) • 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 7/14/10) • Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. • 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. Open space. (See landscape lot area.) • 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 02/22/10) • Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3/28/16) • Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation Department. (added 11/25/13) 14 1305.04 Definitions • 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. • 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. • Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7/14/10) • 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 7/14/10) • Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof. • 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. • 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. • 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. • 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 15 1305.04 Definitions drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. • 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. • 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. • 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. • 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. • Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. • 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. • 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 02/07/08) • 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 05/05/10) • 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, 16 1305.04 Definitions 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 no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) • 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 02/07/08) • 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. • 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 05/05/10) • Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. • 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 7/14/10) • 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 7/14/10) • 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 public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. • 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. 17 1305.04 Definitions • Restaurant, fast food. Any restaurant which meets a number of the following requirements: Customarily provides quick service to its customers; Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; • 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; • 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; • Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags; • 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; • 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; • 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; • Generates a high volume and rapid flow of in -and -out traffic because of its quick service mode of operation. • Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail sales and service. (revised 2/29/16) • 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. • 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. • Schools, general education. Nursery, primary, elementary and secondary schools. 1305.04 Definitions • Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on -site housing. (revised 01/20/11) • 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. • 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. • Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. • 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 02/22/10) Shoreland. The land located within the following distances from protected waters: • One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and • 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. • 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. Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. • 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. • 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 04/28/08) • 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. 19 1305.04 Definitions • 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. • 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. • 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. • Soil processing. The processing of sand, gravel or other materials mined from the land. • Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy -using processes. (added 4/10/2023) • 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. • 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. • 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. • Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: • 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. Cul-de-sac. A street with a circular turn -a -round and only one outlet. Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. • 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. 20 1305.04 Definitions • 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. • 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. • 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. • 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. • 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. • Structure, multiple -occupancy. (See Multiple occupancy building). • Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. • 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. • 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. • 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 05/05/10) • Substantial improvement. (added 05/05/10) 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 21 1305.04 Definitions improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: • 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. • 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. • Thrift Store. A business for which the stock of goods is primarily used and may include the following operational characteristics: Receipt of used items directly from the public at the business location. Processing, conditioning, cleaning, or repair of used or returned items for resale. Storage of used items on site for processing, resale, or disposal. Receipt of goods through purchase, consignment, or donation. (added 2/29/16) • 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. • 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. • 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. • Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. • Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. • 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. 22 1305.04 Definitions • 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. • 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. • Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. • Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. • Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties. • 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 02/07/08) • 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. • 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 05/05/10) • Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. • Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. • Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (revised 7/14/10) 23 1305.04 Definitions • 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 02/07/08) • Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. • 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 02/22/10) • 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 02/22/10) • 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 02/22/10) • 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 02/22/10) • Yard, front. A yard extending along the full length of the front lot line between the side lot lines. • 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. • 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. • Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. 24 1305.04 Definitions • Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. • Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. 25 Attachment B 1325.08 Filling and Excavation. Subd. 1 Permit Required. nffl -Ad- 'i i-Str^tive peFn+it A Grading and Erosion Control permit also subject to Chapter 15 shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater. Operations of over the above -described amounts shall be considered land reclamation or mining, and shall require a conditional use permit in accordance with ChapteF 8 Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances. Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements: A. Excavation Felated to the constFuction of a building with a duly issued buildin permit; B. Filling, exc-avatior and gadinga-sseciated14.4-tin site impFevemexts and s pr-epaFati approved subdivision or- site plan; A. Excavation for construction of existing public streets and utilities; D-.B. Filling, excavation, or movement of less than one hundred fifty(4—W50) cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure; lL C. Minor agricultural or conver-s tion conservation operations. Subd. 3 Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. must be gravel, sand, dirl, clay or- other- non -decomposable material similar- to natural soils found in the uplandarea f Arden u;ns. Building construction materials, concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall not be permitted. been issued shall be completed within a period of one hundred and twenty (120) days f�om Subd. 4 PeFfaFmanee Time. Filling and excavation opeFations for- which a permit has mess an „xt,,nsio,, ; requested of and granted by the G tom. Council. Subd. 4-5 Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per acre shall be allowed under separate ,aw„�;�t, ,t;•,o Grading and Erosion Control permits until the composite total of such periodic operations exceeds four hundred (400) cubic yards. Further operations will then be subject to a conditional use permit in accordance with Section 1355.04, Subd. 3 tie of the Arden Hills Code of Ordinances. Subd. 56 Submissions. The applicant for a Grading and Erosion Control permit shall submit the information outlined in Chapter 15 Section 1520 - Erosion and Sediment Control Plans and Review. following it-f^r"'Ation- n n legal description, plator-survey Fproperty t be alter-ed. FFM Subd. 67 Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the City Engineer and other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council within ten (10) days. Attachment C Section 1510 - Definitions 1510.01 Definitions. For the purposes of this ordinance, the following terms have the meanings given them in this section: • Best Management Practices (BMP). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. • Non-structural BMP: Practices that focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and stream corridors to manage storm water at its source. Other practices include clustering and concentrating development, minimizing disturbed areas, and reducing the size of impervious areas. • Structural BMP: a physical device that is typically designed and constructed to trap or filter pollutants from runoff, or reduce runoff velocities. • 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): • Part or all of the topographic feature is located in a shoreland area; • The slope rises at least twenty five (25) feet above the ordinary high water level of the waterbody; • The grade of the slope from the toe, or bottom, of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater; and • The slope must drain toward the waterbody. • Certificate of Completion. The certificate issued after the final inspection of the site has been completed, temporary erosion control has been removed and the site has been fully restored. • Clearing and grubbing. The cutting and removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in the designated areas. • Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man and nature. • Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre - construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post -construction surface runoff and sediment. • Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the City. Excavation. The mechanical removal of earth material. Fill. The deposit of soil or other earth materials placed by artificial means. • General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total land area. • Grading. Excavation or fill of material, including the resulting conditions thereof. • Land Disturbance Activity. Any land change greater than &,4w 2,500 square feet or 50 cubic yards, or land change on a parcel of land located within 1,000 feet of a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: • Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; • Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface an-d- IoSSs tha R 50 eubic Yapd-. i ShA-ri.41"d a • Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,040 2,500 square feet of land disturbance can be anticipated; Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; • Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and • Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. • Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by another party. Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof engaged in a land disturbance activity who submits an application to the PWD for a permit pursuant to this ordinance. • Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. Ramsey Conservation District. The Ramsey Soil and Water Conservation District. • Rice Creek Watershed District. An organization which oversees the activities in the Rice Creek watershed as defined by Minnesota Statutes, Sections 10313,and 103D. Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface. • Sediment. Solid mineral or organic material that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. Sedimentation. The process or action of depositing sediment, caused by erosion. • Site. The entire area of land on which the land disturbance activity is proposed in the permit application. • Site Plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of: structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping. • Shoreland. The land located within the following distances from protected waters: • One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; • 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; and, • 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 map of the City. • Stabilization. The use of measures which protect soil from the erosion forces of wind, rain and flowing water. • Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. • Surface Water or Waters. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. • Utility. The owner/operator of any underground facility including an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, water (including stormwater), steam, sewage and other similar substances. • Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. Watershed. A region draining to a specific river, river system, or body of water. • Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland Conservation Act of 1991. Attachment D 1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Inspection fees shall be drawn from the escrow. Six months after final inspection, UpoH pFoje -t eempletion, the remaining escrow shall be returned to the Permittee. Attachment E PC Agenda Item — 3B ,`iRZEN HILLS MEMORANDUM DATE: November 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #23-019 — Public Hearing Required Applicant: City of Arden Hills Request: City Code Amendments — Chapter 13, Filling and Excavation and Chapter 15, Erosion and Sediment Control Requested Action The City of Arden Hills is proposing amendments to the City's Zoning Code Chapter 13 and Erosion and Sediment Control Chapter 15. Proposed amendments would strike and add language to standardize the permitting requirements for filling and excavation as well as the types of activities that shall be allowed. The proposed amendments to City Zoning Code Chapter 13 and Chapter 15 are within the following Sections: • Section 1305.04, Zoning Code Definitions • Section 1325.08, Filling and Excavation • Section 1510.01, Definitions • Section 1520.03, Escrow Requirement Background At the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Overview of Ordinance Amendments Section 1305.04 Definitions The proposed ordinance amendment to Section 1305.04 Definitions is adding a definition for "land reclamation" as this term is referenced in Section 1325.08 Filling and Excavation. To draft this language, staff conducted a survey of other communities for definition examples. The drafted Page 1 of 3 definition aligns with other filling and excavation definitions in Section 1325.08 and Chapter 15. The Public Works Director/City Engineer reviewed the proposed definition and found it to be consistent with Grading and Erosion control definitions. Section 1325.08 Filling and Excavation The proposed ordinance amendments to Section 1325.08 would strike language that is inconsistent with Section 1510.01 as well as duplicative language that is addressed in greater detail within that section. Proposed amendments would also add language that references Chapter 15 explicitly and update numeric values to be consistent with Section 1510.01. Additional language would clarify at what threshold of filling or excavation a conditional use permit is required. The Public Works Director/City Engineer reviewed the proposed ordinance amendments for consistency and alignment with industry best management practices. Section 1510.01 Definitions While reviewing Section 1325.08 Filling and Excavation, city staff considered possible amendments to Chapter 15 Grading and Erosion Control for improved consistency with best practices. The proposed ordinance amendment would modify the definition for Land Disturbance Activity, striking values that are inconsistent with current practices and updating them with accurate values as well as adding language to clarify the types of activities that are considered a Land Disturbance Activity. Section 1520.03 Escrow Requirement The proposed ordinance amendments include a modification to the escrow requirements described in Chapter 15. The drafted amendment includes language to clarify how Grading and Erosion Control escrows will be utilized and to establish a timeline for the return of unused escrow funds. Additional Review Public Works/Engineering Staff worked with the Public Works Department to draft the proposed ordinances. Upon review of the final draft of the proposed ordinance amendments, no further comments were made. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed amendments would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 — Definitions and 1325.8 — Filling and Excavation and Chapter 15 — Grading and Erosion Control, Section 1510.01 — Definitions and 1530.03 — Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. Page 2 of 3 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval: Motion to recommend approval of Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and as presented in the November 8, 2023 Report to the Planning Commission. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and November 8, 2023 Report to the Planning Commission with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on October 28, 2023. As of November 1, 2023, the City has not received any public comments regarding this case. Attachments A) Draft Amendment Section 1305.04 Definitions B) Draft Amendment Section 1325.08 Filling and Excavation C) Draft Amendment Section 1510.01 Definitions D) Draft Amendment Section 1320.03 Escrow Requirement Page 3 of 3 CRAFT I Attachment F ARDEN HILLS PLANNING COMMISSION — November 8, 2023 6 of fact and the submitted materials. The motion carried unanimously (5-0, Commissioner Wicklund abstained). B. Planning Case 23-019; Zoning Code Amendment to Chapter 13 and City Code Amendment Chapter 15 to Standardize the Permitting Regulations for Filling and Excavation — Public Hearing Senior Planner Fransen stated at the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 — Definitions and 1325.8 — Filling and Excavation and Chapter 15 — Grading and Erosion Control, Section 1510.01 — Definitions and 1530.03 — Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: I . Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Bjorklund questioned how often people move around 40 cubic yards or 100 cubic yards of material. ARDEN HILLS PLANNING COMMISSION — November 8, 2023 7 Senior Planner Fransen stated this was a pretty regular occurrence depending on the work going on in the City. Commissioner Bjorklund asked how many times a year this much materials was moved. Community Development Director Jagoe reported she did not have a quantitative number for the number of grading and erosion control permits that were issued by the Public Works Department on a yearly basis. She shared that to date the City has not issued any CUPs for Land Reclamation over 400 cubic yards. She noted she could speak with Public Works and could follow up with the Planning Commission. Commissioner Bjorklund recommended further language be provided regarding what a periodic operation is. In addition, he wanted to know if the City had approved periodic operations in the City. Senior Planner Fransen stated periodic operation implies the same location where there is consistent movement over an extended period of time. She commented she could direct this question to the Public Works Department in order to gain further information on the type of periodic operations that were occurring in the community. Chair Vijums asked for the reasoning as to why performance timeline was removed from the code language. Senior Planner Fransen shared that this was discussed with the Public Works Director/City Engineer. The provision established that permits would need to be reissued after 120 days though in practice some projects extend beyond 120 days. Removing this provision would allow permits to remain open longer than 120 days without being rereviewed and reissued. Commissioner Weber explained he has worked in permitting for county government before and noted it was quite common to move 40 cubic yards of dirt, but typically moving more than this approaches the one acre limit, which would involve State agency approvals. Chair Vijums opened the public hearing at 7:37 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 7:37 p.m. Chair Vijums moved and Commissioner Wicklund seconded a motion to recommend approval of Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and as presented in the November 8, 2023 Report to the Planning Commission. Commissioner Bjorklund stated he would like to make a friendly amendment to the zoning code amendment requiring staff to provide a definition for periodic operations. ARDEN HILLS PLANNING COMMISSION — November 8, 2023 8 Commissioner Weber discussed State requirements when it comes to periodic operations noting these requirements would supersede City ordinance. Commissioner Bjorklund thanked Commissioner Weber for providing him with this information. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She explained the bidding on the Primer Tracer property closed on November 3. She thanked the Planning Commission for engaging and attending the Open House event for Rice Creek Commons. She indicated the Planning Commission would be reviewing TRC amendments to allow for a proposed up to 1,960 units for Rice Creek Commons and hold a Public Hearing on December 6. She discussed the Planning Commission Chair and Vice Chair roles and asked for the Commission to discuss roles for the coming year. Commissioner Wicklund shared that he will serve in a role that the Planning Commission would ask of him if that is something that helps out. Further discussion ensued regarding information that would be sent to Arden Hills residents regarding the future development of Rice Creek Commons and preparation for the next Planning Commission meeting. B. Planning Commission Comments and Requests None. ADJOURN Chair Viiums moved, seconded by Commissioner Wicklund, to adiourn the November 8, 2023, Planning Commission Meeting at 7:55 p.m. The motion carried unanimously (6-0). Attachment G U O to O , M Q (u- O N O O LZ w _ O U 1 -0 U +-+ ca O U V U bu0 Cr a-+ O 4-j 1 > E X 4J d 2 Q oC Q w cn C6 a--+ a--+ C Q) E E C6 O a --J U ca -0 O •� o •U ' cry Z • — Q buo V O � c6 � �bn O N C -� •— ro �>. 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E ro U •�_ U •E O a)i � Ul . 0 U U C Ul O cn W .U*) tj O c6 Lu U _006 C: aA C6 N � Q � 0 C6 .� -0 Lr) � ca s � cn U U C6 U LU Q • • O N E -I--j z O f6 W E r O U•� Q DC > W u LLI •— — O — .� t4A Q N LL N O E E O o o O s cV ++ Q W ++ Q Kul cn N V) N O Q ate-+ O a-j O V) C6 N C6 C6 U Q V Z V Q a--+ N .- z ��' =3 a' a� Q un o E o a OC } O N j LU I I -0 _0 O O O O Ecc E �' cV -0� _0 U �O a) Q� � Q 2 N � Q O N N a_ • • • 0 w E a--+ C6 N O N Ln =3 Ca � V � O O ca � buo C ca � -0 " Q O • V C) Ln E E O U Me _0 0 U X w c6 CAA LL M rl i OJ Q U I Ln C- aU E O aU C: Q U v � v U +- U Ln I � rn ca O o M 'N N 0 N Ln c6 U Ln uo C . E �--, Q c6 � a_ U M NEW BUSINESS ITEM — IIA lt ,ARZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Old Highway 10 Trail Improvements — Design review and funding discussion Budgeted Amount: Actual Amount: Funding Source: $3,050,000 $4,072,616 PIR — Parks, MSA, (Current Estimate) Ramsey County, Grant funds Council Should Consider Motions to approve, table, or deny the following: • Request a proposal from SRF to apply for potential grant programs related to the proposed Old Highway 10 Trial Improvement project. Each grant application is approximately $7,000 in fees. B ack2round/Discussion In October of 2022, a feasibility study update was completed from a previous 2008 version of the proposed project corridor. On June 12, 2023, City Council approved Professional Services with Engineering Consultant, SRF, to complete a "Shovel -Ready" design to pursue potential future funding opportunities. SRF has produced plans considered 60%, the condensed version can be reviewed in Attachment C, the actual plan set currently consists of 99 sheets. With grant application opportunities approaching this Fall and over the Winter, SRF will be providing a presentation to City Council an overview of the project, community engagement summary, they will highlight some of the trail design features and their cost impacts, overall updated cost estimate (Attachment B) and potential grant funding opportunities. Pagel of 3 Budget Impact The Old Highway 10 Trail Improvements project is in the proposed 2024-2028 CIP and tentatively scheduled for 2025 construction (Attachment A), project funding would be derived from the City's PIR Parks fund, Municipal State Aid (MSA), Ramsey County cost -share and grant funding. City Staff is assuming that the project hinges on receiving external grant opportunities, if grant money is not received it is likely the CIP cannot support a project of this size. The below graph illustrates the projected PIR Fund balance through 2033, and this is WITHOUT this project programmed in. Should the project move forward without external grant funding, it would drive this fund negative for years unless the City were to consider bonding for this project on its own. $2.5 $2.0 $1.5 $1.0 $0.5 $0.0 -$0.5 2024 2025 2029 2030 2031 2032 2033 General Trail Construction $699,397 Boardwalk $770,000 Retaining walls $482,615 Stormwater BMP and Sewer $950,000 Construction Sub Total $2,902,012 Construction Contingency (10%) $290,201 Engineering (20%) $580,402 Easements/Ag uistions $ 300,000 Total Project Cost $4,072,616 SRF has identified the most probable grant opportunities for the section of trail which are listed in the table below. The Met Council Regional Solicitation — Multiuse Trail category that has a maximum request of $5.5 million was not included as this trail is not within the Met Council Regional Bicycle Transportation Network corridor meaning the application would not score well against other applicants. City Staff has requested a corridor addition for the proposed trail to Met Council recently and was denied at this time as the proposed corridor did not meet their current criteria. Of course, City Council may still decide to pursue the grant if they so choose. Ramsey County has programmed $550,000 to their TIP in 2025 for the proposed trail project. Due to the high cost of this trail and the proposed timing of 2025 construction, the County does not have the funding available to fulfill their cost -share policy which is typically 50% of construction costs. Page 2 of 3 Total Project Cost $4,072,616 Federal Regional Solicitation (SRTS) ($1,000,000) State SRTS Infrastructure Funding ($1,000,000) MnDNR Local Trail Connections ($250,000) Ramsey County Contribution 550 000 City Obligation $1,272,616 Of the City's Obligation roughly $1,275,000; $695,000 would be considered Municipal State Aid eligible costs. The remainder $580,000 would derive from the City's PIR-Parks fund. The 2024-2028 CIP budget for the proposed Old Highway 10 Trail is based off the latest feasibility study cost estimate that was completed prior to design which was roughly $2.6 million total project cost. City staff will need to adjust the project costs to reflect the latest cost estimate based off of the current design which is $4.1 million. The itemized engineer's cost estimate is provided in Attachment B, a couple items to note that are reasons for the significant increase found through the design process is the boardwalk and retaining wall costs. Attachments Attachment A: 2024-2028 CIP detail sheet Attachment B: Engineer's cost estimate Attachment C: Condensed construction plan set Attachment D: Presentation Slides Page 3 of 3 Attachment A o u o U�" A ❑ 1:1 G U O cC r. •O 8 C F a � d � a a m U � A z F ID CD 0 0 0 w uU-) c U ' C o o bA � o U a C ^� a T ayc c U L" m E C', C� C a r H:\P,.j c \16000\16750\T-hDal DHi-bi.Das\EstimateQty \ 16750_Cost Estimate_SEQ_Tr port_Sp.Yr_2020.isx SRF C-thg Group, Inc. ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST OLD HIGHWAY 10 TRAIL CONSTRUCTION ARDEN HILLS, MN NOVEMBER 22ND, 2023 +JIIF �CiYB] Attachment B ITEM NO. ITEM DESCRIPTION UNIT UNIT COST TOTAL QUANTITY AMOUNT 2021.501 MOBILIZATION LUMP SUM $ 170,000.00 1 $ 170,000.00 2101.505 CLEARING ACRE $ 11,000.00 0.6 $ 6,600.00 2101.505 GRUBBING ACRE $ 8,000.00 0.6 $ 4,800.00 2104.502 REMOVE BITUMINOUS FLUME EACH $ 1,500.00 2 $ 3,000.00 2104.502 SALVAGE SIGN EACH $ 60.00 11 $ 660.00 2104.503 SAWING CONCRETE PAVEMENT FULL DEPTH LIN FT $ 4.00 72 $ 288.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT $ 1.50 6826 $ 10,239.00 2104.503 REMOVE CURB & GUTTER LIN FT $ 6.00 387 $ 2,322.00 2104.503 REMOVE BITUMINOUS CURB LIN FT $ 3.00 114 $ 342.00 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SO YD $ 8.00 572 $ 4,576.00 2104.504 REMOVE BITUMINOUS PAVEMENT SO YD $ 6.00 2995 $ 17,970.00 2104.518 REMOVE CONCRETE DRIVEWAY PAVEMENT SO FT $ 14.00 894 $ 12,516.00 2105.607 EXCAVATION - COMMON CU YD $ 10.00 2000 $ 20,000.00 2106.507 COMMON EMBANKMENT CV CU YD $ 7.00 5000 $ 35,000.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX 4,F TON $ 90.00 360 $ 32,400.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX 4,F TON $ 91.00 110 $ 10,010.00 2411.618 PREFABRICATED MODULAR BLOCK WALL SO FT $ 95.00 3269 $ 310,555.00 2411.618 ANTI -GRAFFITI COATING SO FT $ 2.00 3269 $ 6,538.00 2411.618 ARCH SURFACE FINISH MULTI COLOR SO FT $ 8.00 3269 $ 26,152.00 2451.507 COARSE FILTER AGGREGATE CV CU YD $ 70.00 88 $ 6,160.00 2451.607 STRUCTURAL BACKFILL CU YD $ 55.00 2422 $ 133,210.00 2502.503 4" TP PIPE DRAIN LIN FT $ 12.00 250 $ 3,000.00 2502.503 4" PERF TP PIPE DRAIN LIN FT $ 14.00 1819 $ 25,466.00 2521.518 6" CONCRETE WALK SO FT $ 11.00 170 $ 1,870.00 2531.503 CONCRETE CURB & GUTTER DESIGN B624 LIN FT $ 26.00 6018 $ 156,468.00 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SO YD $ 81.00 570 $ 46,170.00 2540.602 RELOCATE MAIL BOX SUPPORT EACH $ 200.00 19 $ 3,800.00 2540.618 BOARDWALK SO FT $ 110.00 7000 $ 770,000.00 2557.503 WIRE FENCE DESIGN 48V-9322 LIN FT $ 40.00 910 $ 36,400.00 2564.602 INSTALL SIGN EACH $ 500.00 11 $ 5,500.00 EROSION CONTROL LUMP SUM $ 170,000.00 1 $ 170,000.00 STORMWATER BMP LUMP SUM $ 100,000.00 1 $ 100,000.00 TRAFFIC CONTROL LUMP SUM $ 90,000.00 1 $ 90,000.00 STORM SEWER LUMP SUM $ 850,000.00 1 $ 850,000.00 SUBTOTAL $ 2,902,012.00 F_ CONTINGENCY (10%) $ 290,201.20 TOTAL $ 3,192,213.20 PAGE 1 OF 1 V 04�0 w.�w �aa5 G€ rn ado \V Wa 22 o LLI ;0 ;A3 oQma 6� aao a �a °ate LL 6 s W Z_o " �Na 5 z Q CD Z aE$__ wU �',o �< a N y= ��=�ooRO' -.Jo o�mmo � z /1�%�_� V/ €� � Nzo� Wo FoGr�oaz�-�m;go�'3 Wgo�Y�11HR�zoala� WioNao Z wZ >�z='S N�o3�oo�`a'o DHa��affi�wG��m i�i ~a o� op?N d `n��E " ���� goy& Z F UZ U N a <m n <W Z O 0 W Q U O j I ; ¢p= a c $ F uH 3 3 o L � a � g rc3 o� o x x x x x x x xxxxxxx x x x x x O x x x Ld xxxxx XX xxxx gxxxxxxxxxxxx x a O xyy O. x X x X X X x Z =S= x x x x x x x x x x x x W ��il ��il ��il 0 s a O W m a _ ~ Z o N F i w m O II II z O z Z m t X x Q m J Zp Z x x LL W W o a W 0 vl� o ngg Qse &�xL5 Wp >"a.� Y c� m W O i c+ a a Z ¢ ¢ o v m m 0,'o � o 0 E z z N QQ W Womx_o 1100%1317V' fn W T g 9� PR o&fie asgg��g :3 E5 € € € € N W W N LL O O Z LJ W S N x x x a fN �m _wtS 6'z g3Z s;€ Fin G� M o� Aga Qs€ u� a�o a� s ao =8= R=ems o /a§0) §G ) §: \ - § /§2 | \k \ G LL t Is Lc:n �I �I � • . 7 e / . d � � } - ! ,< k \ k\7 ;\! «■ « - }§ # f# ] ( - Au !�! - ! � ( j \(\ ` |}( }j\ Gf|§ # ///§ � ( _ ! ����\) � ,& E !\ �\ §\ 0 0 0 m 0 0 0 0 0 0 0 0 m rn ao a00o atOo a�'o 0�0 allo 00 = LO O 00)j N lS 13314S 33S 'dis 3NI1 HO1,419 OO+SII 0 k� O96'998 'A313 '" o o N 44'96+b 11 IdAII n o N OZ'998 'A313 •.� �_ bb'94+bL1 OdA z © L00'999 O + J_ V Q A WHO J \\ o x 06'999 'A313 4 o I £8'L9+£LI 1dA rn a 849'L88 A313 �I o n 099'L89 o O O II F8'LO+fll IdA n o + Z8'488 I M Q U J O 1 A313 ` £08188 8'LS+ZLI DdA I 00 1 I 996'L88 + I 1 I I I Z4'L88 N II 99Z'888 O + I 0£'888 'A313 MOM 1 S L'88+0 L L idA III OWNS 'A313 °i n o+$ 0 N SL'92+OLL IdA[c:n i LS 1'899 O + 90'989 'A313 L0'L98 0 1 I 1 I 9L'99+60L OdA I 1 I I I I I 4 l4'L8B + w I o � I I � I I 8 � I I Ell 499'989 O O � I 9L'998 p J_ I � �offi 1 � O �f� N I x bl6'S89 + n 6£'988 p �gM I 49l S89 + + 5 5 1 WON 38^m£ 9 s 3� a an z o bl4'499 + r OL'498 O a ip is ¢p rcp y 3 ovzi 3 m`" m� oN a I o I ' 99'£88 'A313 499f88 + + L L'66+fO1 1dA SL'f99 < / I / £BZ'£88 'A313 ^ � - nom I LL'64+20L IdA Ii N o0 fb'f89 'A313 Ofb'f99 O+ / LL'66+ZOL OdA 09'f98 p I OfL'£88 ++ 1 o � 1 Ii+ z Z LS'£88 0 + 4a � u � to o �O Ol Ol N 00 N CO 00 N CO OD N l0-1 \nw�ZZOZ00FJ�9Ysa\W1�tl\fiuiwo tl\ IWad QeiAo9w Zs+1�N\J (HJ33\A01') SIllN4N a 0 N/U'III N w / I I I 3� JZ � t ¢ w v �� I p w mN w Uw Uw O Z to g a(n in ei lei 0� O Ci �f I o MATCH LINE STA. 115+00 SEE SHEET 50 =n00) O O m W [00 �OtJ a M N O (N N IB'468 ' lZ'L9+8ZL OdA F8'469 'A313 69.OZ+LZI 1dA 980'968 A313 6, II N $ 69'OL+9Zl IdA 99 468 'A313 69'OZ+9Zl OdA J J cn J � — BS l'468 O ++ = a £L'468 N Z o N W Q � O Z S O 606'468 O + O O ZZ'£68 N O S84'468 O O t 99Z69 0 N U. 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W '� N N O i GJ N O C u I- .O to C C r. .Q � M M W .N 0 ' E Q1 O v p �I ~ N .� r O O +L- C aN+ dA w wi a LOn m c°c M a0 c0� v t7 0 0 0 0 0 0 O O O O N p p p N O O p O p Ln N Ill Ln N. r.j r-I NO a N rJJ Ln O i •� O Li v O V +' •�I N N N ,� O V � M H V ."Mob � a L GC `n GC z W O 4-a_ H - M �i Ln I= V bn L- O O N E U O N � Y C: O O p aJ +, U O } v i O O U U v qA cn 00 •� O N N •� m U U (� n C (1) 'ELL u E c� +-+ Ln v, Ln lD 0 V a E N O N L L Q� L.L M N O N L N E N U N N O 0 N bn -C U cL C � cn L � ' w Q C6 A i Q LL r-I N i' u %/ NEW BUSINESS —11B ,-ARZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion to approve, table or deny the following: • Resolution 2023-057 certifying delinquent utilities to Ramsey County. All items need a simple majority for action unless otherwise noted. Background Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 10, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 20, 2023. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2023-057 and Delinquent Utility Accounts List Page 1 of 1 Attachment A �S EEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-057 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2023, payable in 2024: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27t" DAY OF NOVEMBER, 2023. ATTEST: Julie Hanson, City Clerk David Grant, Mayor To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. 223023240216 000223-000 4361 Address Arden View Court 57.98 65.22 21.48 Certification 144.68 11.57 Total 156.25 223023340036 000231-000 4101 Hamline Avenue N 97.91 125.31 16.56 239.78 19.18 258.96 223023240275 000355-000 4126 James Circle 194.34 192.67 16.56 403.57 32.29 435.86 223023340034 000367-000 4335 Arden View Court 72.38 112.55 21.48 206.41 16.51 222.92 223023240336 000375-000 4370 Arden View Court 112.64 133.14 21.48 267.26 21.38 288.64 223023240326 000376-000 4369 Arden View Court 60.43 65.42 21.48 147.33 11.79 159.12 223023240327 000398-000 1354 Arden View Drive 65.64 76.65 21.48 163.77 13.10 176.87 223023210040 000569-000 1307 Karth Lake Circle 170.40 216.39 16.56 403.35 32.27 435.62 223023210065 000743-000 4283 Norma Avenue 756.17 565.19 16.56 1,337.92 107.03 1,444.95 223023210083 000784-000 1331 Karth Lake Circle 55.64 140.08 16.56 212.28 16.98 229.26 223023120013 001255-000 2027 Thom Drive 79.24 125.31 16.56 221.11 17.69 238.80 223023320013 001271-000 4401 Old Highway 10 22.59 125.31 16.56 164.46 13.16 177.62 223023120008 001285-000 4627 Hi hway 10 107.33 138.10 16.56 261.99 20.96 282.95 283023130048 001315-000 4100 Valentine Crest Road 120.59 369.62 46.77 536.98 42.96 579.94 283023330013 001534-000 1791 Janet Court 103.37 130.01 16.56 249.94 20.00 269.94 213023140006 001575-000 1761 Lake Valentine Road 129.95 131.65 16.56 278.16 22.25 300.41 213023140007 001671-000 3130 Ridgewood Road 58.91 67.39 16.56 142.86 11.43 154.29 163023340015 001775-000 3466 Glenarden Road 115.86 125.31 16.56 257.73 20.62 278.35 213023430002 001805-000 1860 Grant Road 57.65 65.25 16.56 139.46 11.16 150.62 213023430017 001808-000 1171 Carlton Drive 274.80 288.76 16.56 580.12 46.41 626.53 333023110036 001880-000 3211 Lake Johanna Boulevard 164.38 125.31 16.56 306.25 24.50 330.75 283023120052 001884-000 3223 Lake Johanna Boulevard 77.56 96.45 16.56 190.57 15.25 205.82 343023330050 001920-000 1437 Arden Place 95.64 125.01 16.56 237.21 18.98 256.19 343023240003 001969-000 3290 Lake Johanna Boulevard 180.07 171.46 16.56 368.09 29.45 397.54 343023210017 002089-000 3530 Siems Court 57.79 65.57 16.56 139.92 11.19 151.11 333023240030 002096-000 1876 Grant Road 350.91 263.79 16.56 631.26 50.50 681.76 343023410055 002204-000 1840 Grant Road 205.68 130.00 16.56 352.24 28.18 380.42 343023130014 002293-000 3354 Snelling Avenue N 61.25 71.15 16.56 148.96 11.92 160.88 333023340019 002369-000 1532 Arden Place 96.60 125.31 16.56 238.47 19.08 257.55 343023210016 002637-000 3194 Shoreline Lane 0.87 47.20 5.89 53.96 4.32 58.28 333023240050 003236-000 2015 Glen aul Avenue 164.66 125.31 16.56 306.53 24.52 331.05 343023230017 003256-000 2023 Thom Drive 153.80 162.63 16.56 332.99 26.64 359.63 343023140062 003444-000 4412 Arden View Court 158.58 162.84 21.48 342.90 27.43 370.33 333023330040 003937-000 1343 Arden View Drive 140.07 160.87 21.48 322.42 25.79 348.21 343023140042 004091-000 1960 Glen aul Avenue 85.21 108.17 16.56 209.94 16.80 226.74 343023140051 004519-000 3320 Dunlap Street N 575.89 204.88 16.56 797.33 63.79 861.12 343023440065 004713-000 4149 Norma Avenue 79.48 95.89 16.56 191.93 15.35 207.28 333023340039 005368-000 1450 Arden View Drive 86.06 109.09 21.48 216.63 17.33 233.96 283023330032 005371-000 1405 Arden View Drive 137.24 160.32 21.48 319.04 25.52 344.56 223023240240 006494-000 1675 Brueberry Lane 100.01 123.83 21.48 245.32 19.63 264.95 343023420054 007090-000 1971 Thom Drive 68.33 82.68 16.56 167.57 13.41 180.98 223023330015 007153-000 1827 Beckman Avenue 162.48 173.42 16.56 352.46 28.20 380.66 343023210063 007949-000 4474 Arden View Court 135.68 197.63 21.48 354.79 28.38 383.17 333023310017 008210-000 1873 Grant Road 60.06 66.52 16.56 143.14 11.45 154.59 273023330028 008331-000 1469 Colleen Avenue 155.21 150.31 16.56 322.08 25.77 347.85 333023320008 009129-000 1927 Glenpaul Avenue 127.81 127.44 16.56 271.81 21.74 293.55 223023210117 009989-000 4478 Arden View Court 149.40 142.96 21.48 313.84 25.11 338.95 223023210066 010222-000 1670 Glenview Court 88.62 125.31 16.56 230.49 18.44 248.93 343023240018 010860-000 4268 Norma Avenue 171.38 165.70 16.56 353.64 28.29 381.93 333023240079 011355-000 1865 Stowe Avenue 112.79 125.31 16.56 254.66 20.37 275.03 283023330011 011640-000 4413 Arden View Court 106.21 125.31 21.48 253.00 20.24 273.24 333023310030 011863-000 1392 County Road E W 152.41 154.39 16.56 323.36 25.87 349.23 223023130003 012258-000 3380 Dunlap Street N 87.41 133.20 16.56 237.17 18.97 256.14 223023240296 012306-000 1983 Edgewater Avenue 101.47 149.49 16.56 267.52 21.40 288.92 283023310021 012351-000 1466 Arden View Drive 101.52 130.49 21.48 253.49 20.28 273.77 223023210086 012455-000 1929 County Road E2 W 506.24 135.97 16.56 658.77 52.70 711.47 333023240019 012524-000 1850 Indian Place 145.50 150.62 21.48 317.60 25.41 343.01 223023320026 012560-000 1424 Indian Oaks Court 91.06 214.17 16.56 321.79 25.74 347.53 223023340046 012582-000 1348 Colleen Avenue 134.64 163.90 16.56 315.10 25.21 340.31 283023140016 012757-000 1138 Hunters Court 206.97 244.50 16.56 468.03 37.44 505.47 333023340093 012881-000 3333 Lake Johanna Boulevard 113.05 176.38 16.56 305.99 24.48 330.47 333023310036 012973-000 1414 Colleen Avenue 327.51 175.25 16.56 519.32 41.55 560.87 343023140015 013057-000 3424 New Brighton Road 82.88 125.31 16.56 224.75 17.98 242.73 223023320020 013062-000 4457 Arden View Court 101.15 131.14 21.48 253.77 20.30 274.07 9,175.35 9,461.81 1,158.10 19,795.26 1,583.62 21,378.88 NEW BUSINESS —11C 'It -fi` DEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Zoning Code Amendment - Ground -Mounted Solar Energy Systems in R-1, R-2, R-3, NR-1, NR-2, and NR-3 Residential Zoning Districts Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Adoption of Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts. • Adoption of Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-1, NR-2, and NR-3 Zoning Districts. • Authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Overview of Ordinance Amendments To allow ground -mounted solar energy systems as a land use in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts, the City's Zoning Code would need to be amended to City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 6 designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future proposed solar energy system within the R-1, R-2, R-3, NR-1, NR-2, and NR-3 zoning districts would apply for administrative review and approval through the building and electric permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative, the Minnesota Solar Model Ordinance, the Minnesota Building Code, ordinances of neighboring communities, and comments from the October 4, 2023 meeting of the Planning Commission for "Solar Energy System" language within Sections 1320.05 Land Use Chart, 1325.02 Accessory Uses, 1380 5.1 Applicability, and 1380 5.2 Additional Use Criteria. Amendments were also made to Section 1380 6.1 General to All Zoning Districts to address solar energy system heights in TRC residential zoning districts. Below is a summary of the proposed ordinance amendments: Proposed Ordinance Amendments: 1) The Land Use Chart within Section 1320.05 would be amended to include solar energy system as an accessory use for residential districts: a. Add Solar Energy System as an Accessory Use under the R-1, R-2, and R-3 Districts. 2) Amend Section 1325.02 Accessory Uses a. Create a new Subdivision 7 that outlines special provisions for Solar Energy Systems as an accessory use in the R-1, R-2, and R-3 Residential Zoning Districts. i. Establish height, setback, visibility, and coverage requirements for solar energy systems based on existing regulations for residential districts and accessory structures. 1. Establish that ground -mounted solar energy systems shall not be visible from the right-of-way and systems that would be visible to the right-of-way or immediately adjacent residential properties shall require screening. 2. Distinguish height provisions for roof -mounted solar energy systems on pitched roofs from roof -mounted solar energy systems on flat roofs. ii. Differentiate between regulations for roof -mounted and ground- or pole - mounted solar energy systems. iii. Explain the administrative approval process and required submission materials for solar energy systems. iv. Highlight that all solar energy systems require a building permit application and approval that is distinct from administrative approval. 3) Amend Section 1380 5.1 Applicability a. Add Solar Energy System as an Accessory Use with Criteria under the NR-I, NR- 2, and NR-3 Districts. 4) Amend Section 1380 Section 5.2 Additional Use Criteria City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 6 a. Create an Accessory Use with Criteria for Solar Energy Systems that states Solar Energy Systems shall conform to the provisions included in Section 1325.03, Subd. 7 of the AHC. 5) Amend Section 1380 Section 6.1 General to All Zoning Districts a. Add a sentence stating that solar energy systems in the NR-1, NR-2, and NR-3 zoning districts are not exempt from zoning district height limits. An ordinance amendment to the Zoning Code does require a public hearing before the City Council. Findings of Fact The Planning Commission reviewed this application at their November 8, 2023 meeting and have offered the following findings of fact for consideration: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 — General to All Zoning Districts to state solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 9. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 6 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts and the NR-I, NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. 13. The Planning Commission conducted a public hearing for the Text Amendment on November 8, 2023. Options and Motion Language The Planning Commission originally reviewed this application at their October 4, 2023 meeting. At that time, they tabled Planning Case 23-018 with direction to staff to provide language for the aesthetics, screening, and visibility of ground -mounted solar energy systems, to incorporate the residential zoning districts that are regulated by the TRC, and incorporate comments given by an All Energy Solar representative during the October 4, 2023 public hearing. The Planning Commission reviewed an updated application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-018 for Zoning Code Amendments to Chapter 13 by a 6-0 vote (Commissioner Collins was absent). The following are motion language options for the City Council to consider. Adoption of Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Arden Hills Zoning ode • Approval: Motion to a Opt Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R- 2, and R-3 Zoning Districts, based on the findings of fact and as presented in the November 27, 2023 Report to the City Council. • Approval with Amendments: Motion to adopt Ordinance 2023-013 for Planning Case 23- 018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts, based on the findings of fact and as presented in the November 27, 2023 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 6 • Table: Motion to table Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts: a specific reason and information request should be included with a motion to table. Adoption of Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code • Approval: Motion to a Opt Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-1, NR-2, and NR-3 Zoning Districts, based on the findings of fact and as presented in the November 27, 2023 Report to the City Council. • Approval with Amendments: Motion to adopt Ordinance 2023-014 for Planning Case 23- 018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts, based on the findings of fact and the November 27, 2023 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts: a specific reason and information request should be included with a motion to table. Authorization to Publish Summary Ordinance • Approval as Presented: Motion to approve authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 6 Denial: Motion to deny authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. Table: Motion to table authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on September 13, 2023. Pursuant to Minnesota State Statute, the City must act on this request by November 11, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. On October 6, 2023, the City provided the Applicant with written notification extending the review period to January 11, 2024 (120 days) based on the Planning Commission's direction to table the planning application and for review by the Planning Commission and City Council during the November meeting cycle. The Applicant confirmed receipt of the extended review period on October 6, 2023. Budget Impact N/A Attachments A) Draft Ordinance Amendment 2023-013 B) Draft Ordinance Amendment 2023-014 C) Summary Ordinance Amendment D) Presentation City of Arden Hills City Council Meeting for November 27, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 6 of 6 'It -ARPEN HILLS ORDINANCE NO.2023-043 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE ACCESSORY USE OF SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.05 — Land Use Chart, is hereby amended by replacing the chart in its entirety as follows: 4320.05 Land Use Chart. See attached Attachment "A" for the Land Use Chart with the addition of Solar Energy Systems as an Accessory Use in the R-1, R-2, and R-3 Zoning Districts. SECTION 2. Chapter 13 — Zoning Code, Section 1325 — General Regulations, Subsection 1325.02 — Accessory Uses, is hereby amended by adding a Subdivision 7 as follows: Subd. 7 Solar Energy Systems. A. Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements: 1. Height. Solar energy systems must meet the following height requirements: a. Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any Zoning district. b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure to which it is accessory, whichever is lower, when oriented at maximum tilt. 2. Setback. Solar energy ystems must meet the accessory structure setback for the zoning district in which the system is located. a. Roof -mounted systems: Consistent with the required building setback, the collector surface and mounting devices for roof -mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend bevond the perimeter of the building on a side and exposure. 225614v1 b. Ground- or pole -mounted solar energy systems are only permitted in rear yards and may not extend into the required rear yard accessory structure setback when oriented at minimum design tilt. 3. Visibility. Solar energy systems shall be designed to blend into the architecture of the building, and minimize the view from public rights -of -way other than alleys as well as adjacent property to the extent that doing so does not affect the cost or efficacy of the system. The color of the solar collector is not reauired to be consistent with other roofing materials. a. Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right- of-way, provided the building component in which the system is integrated meets all required setbacks and regulations for the district in which the building is located. b. Solar enerav systems with mounting devices. i. Roof -mounted systems on pitched roofs that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof. ii. Roof -mounted systems on flat roofs that are visible from the nearest edge of the street frontage right-of-wav shall be no higher than five feet above the finished roof. iii. Ground -mounted solar energy systems shall not be visible from the nearest edge of the right-of-way. Proposed systems that would be visible from the nearest edge of the street frontage right-of-way or immediately adjacent residential properties shall be screened to the extent possible without reducine their efficiencv. Screening may include walls, fences or landscaping. c. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. 4. Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlyingzoning oning district. a. Roof -mounted solar energy systems shall be subject to the Building Code to ensure the system meets the wind load standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed. b. The surface area of ground —or pole -mounted systems shall be factored as part of the maximum lot coverage by structure and shall not exceed the regulations of the underlying zoning district. c. The surface area of ground- or pole -mounted systems shall be treated as impervious coverage as regulated for each zoning district. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider allowing additional impervious coverage. Allowed impervious coverage may be increased by Lip to ten percent above maximum lot coverage for the zoning district provided 100 percent of the excess is accounted for by an approved ground- or pole -mounted solar energy system. d. Ground- or pole -mounted systems shall be counted as an accessory structure. 5. Plan Approvals. All solar energy ystems shall require the issuance of a building permit. 225614v1 a. Applications that meet the requirements of this policy shall be granted zoning approval by the Zoning Administrator. Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code. b. A buildings permit application for a solar energy system shall be accompanied bX scaled horizontal and vertical elevation drawings. The drawings must show the location of the system on the building, or on the property for a ground- or pole -mounted system, including the property. lines. i. For all roof -mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. ii. For flat -roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. c. All solar energy ystems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC- related requirements of the Energy Code. d. All solar energy systems shall comply with the Minnesota State Electric Code. e. If any solar energy ystem remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system must be deemed to be abandoned and shall constitute a public nuisance. The owner must remove the abandoned system at their expense after any require permits have been obtained. Removal includes the entire structure, including transmission equipment and footings. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk 225614v1 ATTACHMENT "A" 1320.05 Land Use Chart. (revised XX/XX/23) Uses: Zoning Districts: R- I R- 2 R- 3 R- 4 ,NB B-1 - 2 - 3 - 4 CC GB 1-1 -2 -FLEX CD OS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C =_ __ __ _ _= C rewpub =_ __ __ __ _ _= C C C Business service = __ _ — P P P C P P P — _ — Clinic, medical office = __ _ _= P P P P P C p P P Club or lodge (non-profit) _ __ __ __ -- P P P == C Club , sports & fitness = __ __ _= A P P P C P P Commercial recreation - indoor = __ __ __ � P P P = P Daycare Facility, over 10 = __ __ _= P P P P P = __ Day care, family - 10 or less A A A A A== A Day care, group family - 14 or less CA CA CA CA CA == CA Dog kennel = __ __ __ = C C Dog run A A A — — -- — -- — — — — — -- — rive -up windows = _ _ = C C C A "Dry cleaning & laundry, pick- p station" _ _ _ — C = A A=_ _= A— "Dry cleaning & laundry, self- service laundry" _ __ __ _= C = C C Dwelling: density zoning D D D D Dwelling: multiple family == _= C C C = C = _= C C Dwelling: single-family attached C C D D Dwelling: single-family detached P P P P Dwelling: two-family C C P P C Dwelling: live -work unit = _ _ _= C Financial institution & service = __ __ _= P P P P P C P P P P Garage, truck = __ __ __ _ __ __ __ — = C C Higher Education, Campus = __ __ __ C Home occupation : Class I A A A A A= _ _ _= A Home occupation : Class II CA CA CA CA CA = _ _ = C Hospital Hotel/motel = __ __ _ = C P C C C = = C House of worship C C C C C C C C C C = _= C Manufactured home park = _= C Manufacturing & processing : Class I _ __ __ __ = A A A P P P P Manufacturing & processing: Class II _ _ _ — _ _ _ __ _ = P 225614v1 Micro brewery = C C C -_ C = _= C Micro distillery = _ — _= C C C C = _= C Mortuary, funeral home = _ _= P P = C Multiple occupancy building =__ = C C C C C C C C C C Nursery C C C C Nursing home and assisted living C C C C = = D =_ _= C =_ __ _ __ _ __ _ Office =_ __ __ _= P P P P P P P P P P Pawn shop = _ __ _ _ _ _ __ _ _= P =_ Personal services = _ _= C A P P P C P = _= A Public use C C C C C C C C C C C C C C Research and development facility == C P C C C == P P P P C C =_ Research animals = __ __ __ _= C =_ __ _= C C Residence Hall, dormitory = _ = C == C D Residential facility, state licensed, serving 1- 6 P P P P P P =_ __ __ -_ __ __ __ __ __ __ Residential facility, state licensed, serving 7- 16 C C C C C C = _ _ __ __ __ __ __ Restaurant and restaurant -fast food = _ _ = C A P P P C P C C — __ _ __ Retail sales & service = __ __ — P A P P P C A A A A School, general education C C C C =_ _ = C = _ School, specialized education = _ _ _ _= C C C C C = _ Service station = _ — _= C C = -- C C C Solar Energy System A A A =_ __ __ _ __ _ __ __ __ _ _= C Storage, exterior =_ __ _ _ __ _ __ _ __ _ __ _= CA Studio =_ __ _ _= C C P P P C Theater, indoor =_ __ __ _- A C P == C =_ __ __ __ iftStore =_ __ __ _ __ _ __ _= C -- C =_ "P" = Permitted; "D" = Planned Unit; "== " = Not Permitted; "C" = Conditional Use Permit; "A" = Accessory; "CA"= Conditional Accessory Use Permit, "I" = Interim Use Permit" 225614vl 'It -ARPEN HILLS ORDINANCE NO.2023-044 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment B AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE ACCESSORY USE OF SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 5.1 — Applicability, is hereby amended by replacing the table in its entirety as follows: 1380-5.1 TRC Zoning District Land Use Table See attached Attachment "A" for the Land Use Table with the addition of Solar Energy Systems as an Accessory Use with Criteria in the NR-I, NR-2, and NR-3 Zoning Districts. SECTION 2. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 5.2 — Additional Use Criteria is hereby amended by replacing the table in its entirety as follows: 1380-5.2 Additional Use Criteria Table See attached Attachment "B" for the Additional Use Criteria Table with the addition of Solar Energy Systems as an Accessory Use with Location & Design Criteria. SECTION 3. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 6.1 — General to All Zoning Districts is hereby amended by adding the underlined language as follows: (h) Measuring Heights: iii. Vents, tanks, solar energy systems, HVAC equipment, and other mechanical enclosures shall be exempted from the height limits so long as they do not extend more than fifteen feet (15') above the roof upon which they are located. Solar energy systems in NR-I, NR-2, and NR-3 are not exempt from zoning district height limits. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS LIZ ATTEST: Julie Hanson, City Clerk David Grant, Mayor ATTACHMENT "A" 1380 5.1 TRC Zoning District Land Use Table (revised XX/XX/23) Table 5-1: TRC Zoning District Land Use Table N M N M 0 0 0 0 Zoning CL 0 0 0 y 0 0 0 0 s r s r Additional O District E _ x -0 -00 -0 -0 v Requirements U0 0 0 0 U- 9 V ~ ~ ~ Z Z Z Z Uses Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Residential Uses Bed & Breakfast P P P P/C P/C P/C P/C See Table 5-2 Home Occupation: A A A A A A A Class I Large Multi- P/C P/C P/C See Table 5-2 Family Live/Work P P P Medium Multi- P/C P/C P/C See Table 5-2 Family Assisted Living, Memory Care P/C P/C See Table 5-2 and Skilled Nursing Residential P/C P/C P/C P/C P/C P/C P/C See Table 5-2 Facility Senior Independent P/C P/C P/C P/C P/C See Table 5-2 Living Single Family P P P Small Lot SF -- -- -- -- -- Residential Small Multi- P/C P/C See Table 5-2 Family Solar Energy Systems Commercial Uses A/C A/C A/C See Table 5-2 Automotive P/C P/C P/C See Table 5-2 Washing Brewpub P P P P P P P Business P P P P P P P service Clinic, medical P P P P P P P office Club, sports & A P P P P P P fitness Table 5-1: TRC Zoning District Land Use Table N M N M H a � y `) o 0 0 0 Zoning Q y y y s s -E s Additional District a c c c • x -0 -0 -0 -0 V Requirements 2) 2) o O O V v_ .2) ~ ~ ~ Z Z Z Z Uses Sub -District I TC-1 TC-2 I TC-3 I NR- NR- NR- 1 2 3 4 4 Cocktail P P P P I P P Lounge * Permitted as Commercial an accessory Off -Street P/C* P/C* P/C* P/C* P/C* P/C* P/C* use with a Parking primary building only Commercial recreation - P P indoor Daycare P P P P P P P Facility Daycare, family - 10 or P P P P P P less * Completely Dog kennel P* enclosed; no outside runs Drive -Up P/C P/C P/C P/C See Table 5-2 Windows Dry cleaning & laundry, P P P P P pick-up station Dry cleaning & laundry, P P P P P self-service laundry Financial Institution & P P P P P P P service Food P P P P P P P Preparation Hotel/ motel P P P P P P P Liquor Store P P P P P Microbrewery P P P P P P Microdistillery P P P P P P Mortuary, funeral home -- -- -- -- -- -- P/C See Table 5-2 Office P P P P P P P Personal P P P P P P P services Pet Services P P P P P P P Table 5-1: TRC Zoning District Land Use Table N N M IT 0 0 0 0 Zoning Q y y y W s s s s Additional District a c c c • K 0 0 0 0 V Requirements o O O 2) 2) V U. ~ ~ Z Z Z Z Uses Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Research and development P P P facility Restaurant and P/C P/C P/C P/C P/C P/C P/C See Table 5-2 restaurant fast-food Retail sales & P P P P P/C P P See Table 5-2 service Service Station A/C P/C P/C See Table 5-2 Storage, exterior -- -- -- -- -- -- -- -- -- Studio P P P P P P Theater, indoor P P Vehicle — motorized, P/C P/C See Table 5-2 leasing and rentals Vehicle — motorized, P/C P/C P/C See Table 5-2 service Civic Uses Antenna or P/C P/C P/C P/C P/C P/C P/C A/C See Table 5-2 Tower Club or lodge P P P P P P (non-profit) Community P P P P Center House of worship P P P P P P Library P P P P P P P P Municipal P P P P P P P Building Park Facilities P P P P P P P P P (Public) School, general P P P P education School, specialized P P P P P education Table 5-1: TRC Zoning District Land Use Table N N M I H aw `y d 0 0 0 0 Zoning Q y y y y W s s s s " Additional District a c c c K 0 0 0 0 Requirements o O O U. 2) 2) V ~ ~ ~ Z Z Z Z Uses Sub -District TC-1 I TC-2 TC-3 NR- NR- 1 2 NR- 3 NR- 4 Theater, performing P P P P arts center Industrial Uses Garage, Truck -- -- -- -- -- Manufacturing Warehousing & processing: P/C P/C permitted as an Class accessory use Manufacturing & processing: Class II *Equipment shall be screened to not be seen from Utility * -- -- -- -- -- * -- -- any public right Substation of way and shall not be placed in the front of any parcel Warehousing A/C I A/C Other Uses Adult - Oriented Businesses ATTACHMENT "B" 1380 5.2 Additional Use Criteria Table (revised XX/XX/23 Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Residential Uses Neighborhood No more than six(6) rentable rooms permitted. Shall be owner -occupied. Bed & Breakfast Parking shall be placed behind the building, or screened from view of the public right-of-way. Assisted Living, Memory Care or Skilled Nursing Town Center Buildings with Pedestrian Priority or Pedestrian Friendly Frontage shall be Large Multi -Family required to include ground floor commercial uses for a minimum of fifty Medium Multi -Family percent (50%) of their street frontage as measured in linear feet. Senior Independent Living Assisted Living, Memory Care or i. Homes shall be designed as either a collective of single-family or Skilled Nursing Neighborhood duplex homes to fit the scale of the surrounding development. Senior Independent Living ii. These homes may also be mixed with mixed -generational housing. Town Center i. Residential Facility shall be licensed by the State of Minnesota; and ii. Residential Facility shall serve no more than sixteen (1 6) residents at any given time. Residential Facility i. Residential Facility shall be licensed by the State of Minnesota; Neighborhood ii. Residential Facility shall serve no more than six (6) residents at any given time. i. Parking shall be placed against an alley or in the rear of the lot and Small Multi -Family Neighborhood be screened from the public right-of-way. ii. Entrances to units that are not accessible from the front entries may have access from the rear or the side of the building. Shall conform to the provisions included in Section 1325.03 Subd. 7 of the Solar Energy Systems Neighborhood AHC. Commercial Uses Automotive Washing L Automotive drive through lanes, service bays, and/or gas station Vehicle —motorized, leasing Office Mixed -Use canopies shall meet the design standards in Section 7, Building Design and rentals Flex Office Standards of this code. Vehicle- motorized, service Retail Mixed -Use ii. Outdoor storage of vehicles or other products sold shall NOT have direct frontage along Pedestrian Priority Streets. Outdoor storage of vehicles and/or other products sold shall be screened with a required Service Station Campus Commercial street screen along Pedestrian -Friendly Streets and General Streets 9 Y Retail Mixed -Use (see Section 10 for standards). Flex Office i. New surface parking lots shall be permitted as an interim use only in Campus Commercial the case of phasing. ii. Applications for new surface lots shall include in -fill building concepts Town Center on the lot with a site plan that meets the build -to -zone and building Commercial Off -Street Parking Office Mixed -Use frontage standards of the specific character zone. Retail Mixed -Use iii. New surface parking shall be set back a minimum of thirty feet (30') Flex Office from the edge of the right-of-way of Pedestrian Priority Streets. iv. New surface parking shall not be located at a street intersection (of any Pedestrian Priority and Pedestrian -Friendly Streets only) for minimum of thirty feet (30') from the intersection along each street. i. Pick-up and drop-off lanes, storage of vehicles, service areas, and drive through facilities shall NOT have direct frontage along Pedestrian Mortuary, funeral home Flex Office Priority Streets. ii. All such areas along other streets shall be screened with a required street screen (see Section 10 for standards). Campus Commercial Drive -Up Windows Retail Mixed -Use Drive through or drive -up facilities shall meet the design standards in Flex Office Section 7, Building Design Standards of this code. Office Mixed -Use Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Campus Commercial Six (b) queuing spaces per drive -through menu board. Restaurant and Restaurant, Fast Food Town Center Office Mixed -Use Retail Mixed -Use Flex Office i. Retail sales and service uses may not comprise more than ten percent (10%) of the total gross square footage of building space within the Office Mixed -Use District. ii. Accessory retail uses associated with medical office clinics, including but Retail sales and services Office Mixed -Use not limited to pharmaceutical and corrective lens sales, shall not be counted towards the maximum square footage of retail sales and service uses permitted in the Office Mixed -Use District, but may not exceed twenty-five percent (25%) of the gross square footage of the building in which they are located.. Civic Uses Campus Commercial Town Center Office Mixed -Use i. Located on top of a building or architectural component only. Antenna or Tower Retail Mixed -Use ii. Shall conform to additional design and location requirements for antennas and towers included in Section 1325 of the AHC. Flex Office Industrial Uses Manufacturing and Processing: Campus Commercial For buildings where manufacturing and processing are a principal or Class I Flex Office accessory use, a minimum of thirty percent (30%) of the gross building square footage must be in office use. Warehousing is only allowed as an accessory use to Manufacturing and Warehousing Campus Commercial Processing. For buildings where warehousing is an accessory use, a minimum Flex Office of thirty percent (30%) of the gross building square footage must be in office use. Attachment C SUMMARY ORDINANCE NOS. 2023-013 AND 2023-14 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325, SUBSECTIONS 1320.05 AND 1325.02, AND SECTION 1380, SUBSECTIONS 5.1, 5.2 and 6.1 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on , 2023, Ordinance Nos. 2023- 013 and 2023-014 were adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance Nos. 2023-013 and 2023-014, the following summary of the ordinances has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinances adopted by the City Council amends and adds the following: • Section 1320.05 updates and replaces the Land Use Chart by adding Solar Energy System as an Accessory Use in R-1, R-2, and R-3 Zoning Districts; • Section 1325.02 is amended by adding a new Subdivision 7, Accessory Use of Solar Energy System. This subdivision specifies the requirements to allow for the installation and operation of ground -mounted solar energy systems as an accessory use; • Section 1380, Subsection 5.1 updates and replaces the Land Use Table by adding Solar Energy System as an Accessory Use with Criteria in NR-1, NR-2, and NR-3 Zoning Districts; • Section 1380, Subsection 5.2 updates and replaces the Additional Use Criteria Table for the Accessory Use of a Solar Energy System; and • Section 1380, Subsection 6.1 is amended by adding Solar Energy System in NR-1, NR-2, and NR-3 zoning districts are not exempt from height limits. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at hqp://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this day of , 2023. 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M m U C Q) cn N Q) cn ��� p p�� p QJ Q)N N L N 4- J= to J C1A N r N `� Q) O Q � O Q c -C C:O a N v Or"J a N N U i M c�6 M� —_ - O O ra� c-I p Q c-I p Q 4- N .M O .0 � O O � U O I °NS iU�� �U�� ++ Q ro Q) 0 QJ i QJ O QJ N U U) Ln r J N N Q M — N 0 vi O c-I 2 m D C� ro D r- _ bA ro � UO 0O UO 00 > C V) Q 4-1 v� i � 4, V) i Q N, v 11l QJ Q U QJ 4-1 Q U i O (0 00 N }, a--+ � N N C)0 N N O � O N 0 r Ln — N Ln — -,j O N c U ° M C 0p M C CO (U ' C:- ate- Q c-I Q r-I O c L I O Q � Q� Q J t J �4 � G.0 Q 0-0n3 0 0-0.� too r, �U Ua (3)u ua -I� QJ oc (3) QJ � w N N N c r o .0 N Sri .� N Sri J a,c� aJ N v 4-1 O N v Lno w N 0 00 Ln 0 00 N� oO�y 0CD QuO �n 2Mrl M CQj O N•o o o-� Q Q N Q CL O O Q) cc N r-I � N .� QNU UMu•i HUMu1 Me ao L- w L- c6 O V) a) Z3 O N i V � •L N an 0 Q tN }' O � N a M � z a Q N N O U z bn • � DC N z I M 00 O N M DC N N cn c6 U •� � N c6 N cn 0 NEW BUSINESS —11D ,`iRZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-019 — Public Hearing Required Applicant: City of Arden Hills Request: City Code Amendments — Chapter 13, Filling and Excavation and Chapter 15, Erosion and Sediment Control Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table or deny the following: • Adoption of Ordinance 2023-015 for Planning Case 23-019 for City Code Amendments to Chapter 13 Zoning Code and Chapter 15 Erosion and Sediment Control to strike and add language to standardize the permitting requirements for filling and excavation as well as the types of activities that shall be allowed. • Authorization to publish a Summary Ordinance of 2023-015 for Planning Case 23-019. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Overview of Ordinance Amendments Staff has prepared drafted ordinance language to be added for the City Council's review. The proposed ordinance would establish consistency between Chapter 13 and Chapter 15 on processes and procedures for the soil moving activities. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1325.08, Filling and Excavation • Section 1510.01, Definitions • Section 1520.03, Escrow Requirement Page 1 of 4 Section 1305.04 Definitions The proposed ordinance amendment to Section 1305.04 Definitions is adding a definition for "land reclamation" as this term is referenced in Section 1325.08 Filling and Excavation. To draft this language, staff conducted a survey of other communities for definition examples. The drafted definition aligns with other filling and excavation definitions in Section 1325.08 and Chapter 15. The Public Works Director/City Engineer reviewed the proposed definition and found it to be consistent with Grading and Erosion control definitions. Section 1325.08 Filling and Excavation The proposed ordinance amendments to Section 1325.08 would strike language that is inconsistent with Section 1510.01 as well as duplicative language that is addressed in greater detail within that section. Proposed amendments would also add language that references Chapter 15 explicitly and update numeric values to be consistent with Section 1510.01. Additional language would clarify at what threshold of filling or excavation a conditional use permit is required. The Public Works Director/City Engineer reviewed the proposed ordinance amendments for consistency and alignment with industry best management practices. Section 1510.01 Definitions While reviewing Section 1325.08 Filling and Excavation, city staff considered possible amendments to Chapter 15 Grading and Erosion Control for improved consistency with best practices. The proposed ordinance amendment would modify the definition for Land Disturbance Activity, striking values that are inconsistent with current practices and updating them with accurate values as well as adding language to clarify the types of activities that are considered a Land Disturbance Activity. Section 1520.03 Escrow Requirement The proposed ordinance amendments include a modification to the escrow requirements described in Chapter 15. The drafted amendment includes language to clarify how Grading and Erosion Control escrows will be utilized and to establish a timeline for the return of unused escrow funds. An ordinance amendment to the City Code does require a public hearing before the City Council. Additional Review Public Works/Engineering Staff worked with the Public Works Department to draft the proposed ordinances. Upon review of the final draft of the proposed ordinance amendments, no further comments were made. Suggested Findings of Fact The Planning Commission reviewed this application at their November 8, 2023 meeting and have offered the following findings of fact for your consideration: General Findings: Page 2 of 4 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Sections 1305.04 — Definitions and 1325.8 — Filling and Excavation and Chapter 15 — Grading and Erosion Control, Section 1510.01 — Definitions and 1530.03 — Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. The Planning Commission conducted a public hearing for the Text Amendment on November 8, 2023 Options and Motion Language The Planning Commission reviewed this application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-019 for City Code Amendments to Chapter 13 and Chapter 15 by a 6-0 vote (Commissioner Collins was absent). The following are motion language options for the City Council to consider. Approval: Motion to a Opt Ordinance 2023-015 for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and as presented in the November 27, 2023 Report to the City Council. Approval with Amendments: Motion to adopt Ordinance 2023-015 for Planning Case 23- 019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and November 27, 2023 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: a specific reason and information request should be included with a motion to table. Page 3 of 4 Authorization to Publish Summary Ordinance • Approval as Presented: Motion to approve authorization to publish a Summary Ordinance 2023-015 for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the findings of fact and as presented in the November 8, 2023 Report to the Planning Commission. • Denial: Motion to deny authorization to publish a Summary Ordinance 2023-015 for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table authorization to publish a Summary Ordinance 2023-015 for Planning Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code standardize the permitting requirements for filling and excavation as well as the types of activity that shall be allowed: a specific reason and information request should be included with a motion to table. Budget Impact N/A Attachments A) Draft Ordinance Amendment B) Summary Ordinance Amendment C) Presentation Page 4 of 4 'It EN HILLS ORDINANCE NO. 2023-045 Attachment A CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13 AND 15, OF THE ARDEN HILLS CITY CODE CONCERNING FILLING AND EXCAVATION AND EROSION AND SEDIMENT CONTROL THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, Subsection 1305.04 - Definitions, is hereby amended adding the following underlined definitions: • Land Reclamation. The reclaiming of land by depositing and/or excavating material so as to alter at the minimum four hundred (400) cubic yards of the existing_ grade, either by haulingand/or nd/or re - ag rding the area, shall constitute land reclamation. SECTION 2. Chapter 13 — Zoning Code, Section 1325 — General Regulations, Subsection 1325.08 — Filling and Excavation, is hereby amended by deleting stfikethr-ough language and adding the underlined language as follows: Subd. 1 Permit Required. An administrative po.:mit A Grading and Erosion Control permit also subject to Chapter 15 shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater. Operations of over the above -described amounts shall be considered land reclamation or mining, and shall require a conditional use permit in accordance with Chapt Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances. Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements: A. Exea-vation related to the eonstmetion of a building with a duly isstted buildin" B. Filling, exea-vation, and gr-ading assoeiated with site, Sts and site preparation for- a "Iy approved siAdivision or- site plan; A. Excavation for construction of existing public streets and utilities; B. Filling, excavation, or movement of less than one htmdr-e fifty(IGC�50) cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure; E— C. Minor agricultural or ^onvors fie- conservation operations. Subd. 3 Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. must be gravel, sand, diA, elay er- ether- nen deeemposable fliater-ial similar- te naturai seils fi3UnA i the upland .,re f Arden Hills Building construction materials, concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall not be permitted. isstted shall be eempleted within a period ef ene htmdr-ed and twenty (i20) days ftem the eemmeneefnen4 of the oper-Mien, and within one year- of the issuanee of the pefMit, tffiless -an-- extensien is r-eqttested ef and granted by the City Getmeil. Subd. 45 Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per acre shall be allowed under separate administfa4ive Grading and Erosion Control permits until the composite total of such periodic operations exceeds four hundred (400) cubic yards. Further operations will then be subject to a conditional use permit in accordance with Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances. Subd. 56 Submissions. The applicant for a Grading and Erosion Control permit shall submit the information outlined in Chapter 15 Section 1520 - Erosion and Sediment Control Plans and Review. following inn ,.,..,a4iow A. A leg er-iptio f pfopefty to be altefed. C. A plan identifying the areas of the site to be alter-ed, the estima4ed quafitity of matefial to proposed drainage pattefn, and proposed erosion eentfol fneasufes. A eemplete grading plan ma� Subd. 67 Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the City Engineer and other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council within ten (10) days. SECTION 3. Chapter 15 - Erosion and Sediment Control, Section 1510, Subsection 1510.01 - Definitions is hereby amended by deleting the s4ikethr-eugk language and adding the underlined language as follows: • Land Disturbance Activity. Any land change greater than 5-,009 2,500 square feet or 50 cubic yards, or land change on a parcel of land located within 1,000 feet of a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: • Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; • Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface and loss than 50 ,.,,b;,.yards ; a sher-elan are . • Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5-,000 2,500 square feet of land disturbance can be anticipated; Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; • Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and • Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. SECTION 3. Chapter 15 — Erosion and Sediment Control, Section 1520 Erosion and Sediment Control Plans and Review, Subsection 1520.03 — Escrow Requirement is hereby amended by deleting the strip language and adding the underlined language as follows: After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Inspection fees shall be drawn from the escrow. Six months after final inspection, eet ,.E)mplefi , the remaining escrow shall be returned to the Permittee. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of 2023, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk Attachment B SUMMARY ORDINANCE NO. 2023-015 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305.04 AND SECTION 1325.08 AND CHAPTER 15, EROSION AND SEDIMENT CONTROL, SECTION 1510.01 AND SECTION 1520.03 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on , 2023, Ordinance No. was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2023-015, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends or adds the following: • Section 1305.04 is updated by adding a Definition of Land Reclamation; • Section 1325.08 amends the permitting process for Filling and Excavation to Section 1325.08; • Section 1510.01 amends the Definition of Land Disturbance Activity; and • Section 1520.03 amends the Escrow Requirements for Erosion and Sediment Control. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at http://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this day of , 2023. 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E �--, Q c6 � a_ U M NEW BUSINESS —11E ,-ARZEN HILLS MEMORANDUM DATE: November 27, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Arden Hills Tobacco, 3673 Lexington Avenue NE — License Forfeiture Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Formally accepting the forfeiture of the tobacco license of Arden Hills Tobacco. Background/Discussion Arden Hills Tobacco violated City Code three times during a 12 month period (the first offense was for underage sales to a minor in December 2022, the second offense was for the sale of prohibited products in September 2023 and the third offense was for the sale of prohibited products in October 2023). To summarize, an appeal hearing regarding the second violation requested by Arden Hills Tobacco was set for September 25, 2023; however, prior to the hearing, Arden Hills Tobacco paid the $600 violation fee and indicated they had removed the products that were in violation of City Code off of the shelves, so the hearing was cancelled. A follow up compliance check was conducted on October 25, 2023, which resulted in confirmation that the business continued to sell prohibited products. The City then pursued a third violation consisting of a $1,000 fine and no less than a 7 day suspension of the license and up to revocation of the license. A public hearing was then scheduled for Monday, November 27 and the business was notified of the third violation and the November 27 public hearing. As of Tuesday, November 21, the City received formal written notice via its attorney that Arden Hills Tobacco is relinquishing its tobacco license effective at 11:59 pm on Sunday, November 26. A compliance check to confirm such will occur on Monday morning, November 27. Staff has been working closely with City Attorney Jack Brooksbank regarding this matter. Because the business has surrendered its license, it is recommended the Council formally accept the forfeiture of Arden Hills Tobacco's tobacco license at its meeting on November 27. Budget Impact N/A Attachments N/A Page 1 of 1