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HomeMy WebLinkAbout08-05-2026 PC PacketAPPROVAL OF THE AGENDA APPROVAL OF MINUTES July 8, 2026, Planning Commission Regular Meeting DRAFT 07 -08 -26 PC MINUTES.PDF PLANNING CASES UNFINISHED AND NEW BUSINESS Planning Case 26 -011 -City Of Arden Hills –Ordinance Amendments To Chapter 13 –Zoning Code Section 1325 Adding Language For Accessory Dwelling Units Jake Reilly, Community Development Director MEMO.PDF ATTACHMENT A.PDF Planning Case 26 -021 -City Of Arden Hills –Ordinance Amendments To Chapter 11 Subdivisions Jake Reilly, Community Development Director 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 Planning Case 26 -022 -City Of Arden Hills –Ordinance Amendments To Chapter 12 –Signs Jake Reilly, Community Development Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF COMMENTS AND REPORTS Report From The City Council Planning Commission Comments Staff Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair: Joshua Collins (2027) Commissioners: Brad Bjorklund (2025) Steve Erler (2026) Ben Lindau, Vice Chair (2026) Patrick Burlingame (2027) Nancy Jacobson (2027) Jessica Birken (2027) Katie Stromberg - Alternate (2026) SJ Julius -Alternate (2027) Council Liaison: Kurt Weber Planning Commission August 5, 2026 6:30 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. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City ’s website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://cityofardenhills.org/320/Watch -City -Meetings Some Commissioners may be participating in this meeting by interactive technology/remotely. Agenda CALL TO ORDER 1. 2. 2.A. Documents: 3. 4. 4.A. Documents: 4.B. Documents: 4.C. Documents: 5. 5.A. 5.B. 5.C. 6. APPROVAL OF THE AGENDAAPPROVAL OF MINUTESJuly 8, 2026, Planning Commission Regular MeetingDRAFT 07 -08 -26 PC MINUTES.PDF PLANNING CASES UNFINISHED AND NEW BUSINESS Planning Case 26 -011 -City Of Arden Hills –Ordinance Amendments To Chapter 13 –Zoning Code Section 1325 Adding Language For Accessory Dwelling Units Jake Reilly, Community Development Director MEMO.PDF ATTACHMENT A.PDF Planning Case 26 -021 -City Of Arden Hills –Ordinance Amendments To Chapter 11 Subdivisions Jake Reilly, Community Development Director 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 Planning Case 26 -022 -City Of Arden Hills –Ordinance Amendments To Chapter 12 –Signs Jake Reilly, Community Development Director MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF COMMENTS AND REPORTS Report From The City Council Planning Commission Comments Staff Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair:Joshua Collins (2027)Commissioners:Brad Bjorklund (2025)Steve Erler (2026)Ben Lindau, Vice Chair (2026)Patrick Burlingame (2027)Nancy Jacobson (2027)Jessica Birken (2027)Katie Stromberg -Alternate (2026)SJ Julius -Alternate (2027)Council Liaison:Kurt Weber Planning Commission August 5, 2026 6:30 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden 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 desirableCity in which to live, work, and play.Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City ’s website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills.https://cityofardenhills.org/320/Watch -City -MeetingsSome Commissioners may be participating in this meeting by interactive technology/remotely.AgendaCALL TO ORDER1.2.2.A.Documents: 3. 4. 4.A. Documents: 4.B. Documents: 4.C. Documents: 5. 5.A. 5.B. 5.C. 6. APPROVAL OF THE AGENDAAPPROVAL OF MINUTESJuly 8, 2026, Planning Commission Regular MeetingDRAFT 07 -08 -26 PC MINUTES.PDFPLANNING CASESUNFINISHED AND NEW BUSINESSPlanning Case 26 -011 -City Of Arden Hills –Ordinance Amendments To Chapter 13 –Zoning Code Section 1325 Adding Language For Accessory Dwelling UnitsJake Reilly, Community Development DirectorMEMO.PDFATTACHMENT A.PDFPlanning Case 26 -021 -City Of Arden Hills –Ordinance Amendments To Chapter 11 SubdivisionsJake Reilly, Community Development DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFATTACHMENT F.PDFATTACHMENT G.PDFATTACHMENT H.PDFATTACHMENT I.PDFATTACHMENT J.PDFPlanning Case 26 -022 -City Of Arden Hills –Ordinance Amendments To Chapter 12 –Signs Jake Reilly, Community Development DirectorMEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFCOMMENTS AND REPORTSReport From The City CouncilPlanning Commission Comments Staff Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair:Joshua Collins (2027)Commissioners:Brad Bjorklund (2025)Steve Erler (2026)Ben Lindau, Vice Chair (2026)Patrick Burlingame (2027)Nancy Jacobson (2027)Jessica Birken (2027)Katie Stromberg -Alternate (2026)SJ Julius -Alternate (2027)Council Liaison:Kurt Weber Planning Commission August 5, 2026 6:30 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden 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 desirableCity in which to live, work, and play.Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City ’s website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills.https://cityofardenhills.org/320/Watch -City -MeetingsSome Commissioners may be participating in this meeting by interactive technology/remotely.AgendaCALL TO ORDER1.2.2.A.Documents:3.4.4.A.Documents:4.B.Documents:4.C.Documents:5.5.A.5.B. 5.C. 6. Approved: August 5, 2026 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JULY 8, 2026 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Collins called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Joshua Collins, Commissioners Jessica Birken, Patrick Burlingame, Stephen Erler, SJ Julius and Ben Lindau. Absent: Commissioners Brad Bjorklund and Nancy Jacobson. Also present were: Community Development Director Jacob Reilly, Senior Planner Elena Fransen and Council Liaison Kurt Weber. APPROVAL OF AGENDA – JULY 8, 2026 Commissioner Erler moved, seconded by Commissioner Birken, to approve the July 8, 2026, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES June 3, 2026 – Planning Commission Regular Meeting Commissioner Lindau moved, seconded by Commissioner Erler, to approve the June 3, 2026, Planning Commission Regular Meeting as presented. The motion carried unanimously (6- 0). PLANNING CASES A. Planning Case 26-013 – EFH Co. – 1300 Grey Fox Road – Site Plan Review and Conditional Use Permit – Public Hearing Required Senior Planner Fransen stated EFH Co. (“The Applicant”) is requesting a Conditional Use Permit and Site Plan Review to create an internal drive lane with the addition of 6,098 square feet of pavement on the existing 6.55-acre parcel at 1300 Grey Fox Road (“Subject Property”). The proposed constitutes a substantial modification to the existing Conditional Use Permit and Site Plan regulating the site, triggering amendments and City review. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 2 Senior Planner Fransen explained the Subject Property is the location of an existing 80,267 square foot office and warehousing facility owned and operated by Powder Technology (“The Property Owner”). The facility was originally constructed in 1969 as a warehousing use. The property is accessible from Grey Fox Road on the north and the site is served by rail on the south. On April 8, 1991, the City Council adopted the I-Flex zoning ordinance, which established that wholesaling, warehousing, and related uses in this district shall require special use permits to allow such uses to continue, provided that the ratio of special uses to the gross floor area on the site did not exceed those established in the special use permit. In 1991, Tyson Companies, the occupant of the subject property, submitted for a special use permit to establish the following ratios of uses: Building Usage Area Office 5,600 square feet (6.5%) Warehouse, interior loading area, small office and lunchroom on mezzanine level 80,400 square feet (93.5%) Total floor area 86,000 square feet (100%) Senior Planner Fransen explained special use permit 91-011 also established that 43,851 square feet of the subject property would be utilized for parking and loading area with a percentage of parking/loading area to area of principal uses of 50.9%. As approved by the City Council on April 27, 1992, future expansion or modification which complies with these percentages should be allowed. In 2014, Powder Technology took ownership of the property. The property remains under the conditions and approvals of the 1991 special use permit and use expansions and modifications are subject to City review. Senior Planner Fransen provided an overview of the request, discussed the Plan Evaluation and provided the Findings of Fact for review: 1. The Applicant is a representative for the owner and occupant of the subject property located at 1300 Grey Fox Road, Arden Hills, MN. 2. The Subject Property is designated as Light Industrial & Office (IND) in the 2040 Comprehensive Plan. 3. The Subject Property is zoned I-FLEX Zoning District. 4. A warehouse requires a conditional use permit in the I-FLEX District. 5. The Applicant applied for a site plan review and conditional use permit to create an internal drive lane with the addition of 6,098 square feet of pavement at 1300 Grey Fox Road. 6. The Applicant proposes to remove 46 caliper inches of significant trees, to be replaced in accordance with City requirements, and to remove three parking spaces. 7. The Applicant states that the site can support up to 87 parking spaces shown in the proof of parking and that this number exceeds the parking needs for the approved operations at the site, based on the average need of 25 parking spaces. 8. The proposed plan will not result in insufficient parking for the uses permitted under the amended conditional use permit. 9. The proposed plan will not result in the subject property exceeding the maximum impervious surface coverage permitted in the I-FLEX zoning district. 10. The proposed plan is not expected to have significant impact on traffic or parking conditions. The proposed plan is intended to improve traffic circulation conditions both on the subject property and the adjacent public street, Grey Fox Road. 11. The proposed use is not anticipated to create a negative impact on the immediate area or the community as a whole. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 3 12. The proposed plan will not produce any permanent noise, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste, and other nuisance characteristics. 13. The proposed plan does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Plan for the City. 14. A public hearing is required for a conditional use permit. 15. Property owners within 1000 feet of the subject property were notified of the application as established in city code. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 26-013 for a site plan review and a conditional use permit to create a new drive lane at 1300 Grey Fox Road: A. Recommend Approval with Conditions 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the Community Development Director, shall require review and approval by the Planning Commission and City Council. 2. The proposed parking area shall conform to all other regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e. ROW or access) prior to the start of any site activities. 4. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Upon completion of grading and utility work on the site, a grading as-built and utility as- built shall be provided to the City for review. 7. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. B. Recommend Approval as Submitted C. Recommend Denial D. Table Chair Collins opened the floor to Commissioner comments. There were no comments or questions from the Commission. Chair Collins invited the applicant to come forward at this time. Madison Whalen, representative for the applicant, introduced himself to the Commission and stated he was available for questions. Commissioner Lindau asked if the applicant would be maintaining the existing trees onsite. Mr. Whalen reported this would be addressed, noting the live trees would be maintained and the dead trees would be removed. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 4 Chair Collins questioned if the proposed traffic plan would alleviate traffic backups on Grey Fox Road. Mr. Whalen stated the intent was to have trucks pull in forward from either direction on Grey Fox Road versus having to back in to the property. Chair Collins opened the public hearing at 6:55 p.m. Chair Collins invited anyone for or against the application to come forward and make comment. There being no comment Chair Collins closed the public hearing at 6:55 p.m. Commissioner Burlingame moved and Commissioner Birken seconded a motion to recommend approval of Planning Case 26-013 for a site plan review and a conditional use permit to create a new drive lane at 1300 Grey Fox Road, based on the findings of fact and as amended by the conditions in the July 8, 2026, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 26-009 – Roers Companies LLC – 3499 Lexington Avenue – Comprehensive Plan Amendment, Zoning Code Amendment, Master and Final Planned Unit Development, Conditional Use Permit, Site Plan Review, and Variance – Public Hearing Community Development Director Reilly stated the Applicant has submitted a land use application for a Comprehensive Plan Amendment, Zoning Code Amendments, Master Planned Unit Development (PUD), Conditional Use Permit, and Site Plan Review, to redevelop the approximately six acre site at the corner of Harriet Avenue and Lexington Avenue North. Catholic United Financial (Catholic Aid Association Credit Union) owns the subject property which contains an office building constructed in 1974. The project proposer has executed a purchase agreement with the property owner, contingent upon the entitlements process. The property is guided for Community Mixed Use in the adopted 2040 Comprehensive Plan (2019, as amended). The property was first guided for Community Mixed Use with the adoption of the 2030 Comprehensive Plan (2008) and has been guided for commercial uses since at least the 2020 Comprehensive Plan (1998), with a “Commercial” land use designation. The area is also subject to the Guiding Plan for the B2 District (2008) which was developed to create a long-term redevelopment plan for the area. Community Development Director Reilly reported the property is zoned B-2 - General Business District. The property to the west is zoned R-4 – Multiple Dwelling Unit District, the property to the north is zoned B-2 – General Business District and the properties to the south are zoned R-3 – Townhouse and Low Density Multiple Dwelling District. The properties to the west and south are used for residential uses and the properties to the north are used for business uses, primarily retail. The Subject Property is accessed by Harriet Avenue to the south. The City Council reviewed a concept plan from the Applicant for a 167-unit apartment building with amenities such as a dog run, pickle ball courts, an outdoor pool, playground, and sidewalk connections on Lexington Avenue (to complete the sidewalk south to Harriet Avenue), Harriet Avenue, and to the Arden Plaza shopping center at the February 9, 2026, City Council work session. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 5 Community Development Director Reilly discussed the requested approvals, reviewed the Plan Evaluation and provided the Findings of Fact for review: Conditional Use Permit Findings: 1. The property located at 3499 Lexington Avenue is guided for Community Mixed Use in the 2040 Comprehensive Plan (2019, as amended). 2. The property located at 2499 Lexington Avenue is subject to the provisions in the adopted Guiding Plan for the B2 District (2008). 3. The proposed project is for 167 units of market-rate rental housing on 5.66 acres of land for a net density of 29.5 units per acre and a Floor Area Ratio (FAR) of 0.98. 4. Community Mixed Use has a maximum net density of 20 units per acre and an FAR of 0.8. 5. The Applicant has applied for a Comprehensive Plan Amendment to increase the maximum net density for Community Mixed Use to 30 units per acre. 6. The requested density and related FAR increase is consistent with the policy provisions adopted in the City’s 2040 Comprehensive Plan. 7. The property located at 3499 Lexington Avenue is zoned B-2 General Business District. 8. Residential projects located in the B-2 General Business District The maximum permitted density in the B-2 General Business District is 20 units per acre if a proposed project uses the PUD process. 9. The Applicant has applied for a zoning code amendment to allow up to 25 units per acre if a proposed project uses the PUD process. 10. The zoning code amendment is consistent with the comprehensive plan and is consistent with the purpose statement for the B-2 General Business District. 11. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 12. For proposals for new construction and/or redevelopment of a site a PUD is required 13. The PUD process allows for flexibility within the City’s regulations through a negotiated process with a Developer. 14. The Applicant has applied for a Site Plan Review, Master Planned Unit Development, and a Conditional Use Permit, in order to construct a 167-unit market-rate apartment building. 15. The Applicant has proposed a Master Planned Unit Development for the development of one approximate 249,944 square foot multiple family dwelling on the Subject Property. 16. The Master Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 17. Where the plan is not in conformance with the City Code, the Applicant has requested flexibility. 18. A public hearing for a Comprehensive Plan Amendment, Zoning Code Amendment, Master Planned Unit Development, and Conditional Use Permit request is required before the request can be brought before the City Council. Community Development Director Reilly reviewed the options available to the Planning Commission for Planning Case 26-009 for a Comprehensive Plan Amendment, Zoning Code Amendment, Master Planned Unit Development, Conditional Use Permit, and Site Plan Review for a Multiple Family Dwelling at 3499 Lexington Avenue N: A. Recommend Approval with the following Conditions: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the Community Development Director shall require review and approval by the Planning Commission and City Council. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 6 2. The Conditional Use Permit and Master Planned Unit Development shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code and shall be cause for revocation of the permit. 4. Prior to the release of the Final Planned Unit Development for recording, the Applicant shall enter into a Development Agreement. 5. The Final PUD shall be recorded prior to the issuance of a building permit. 6. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 7. A Grading and Erosion permit shall be obtained from the city’s Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e., ROW or access) prior to the start of any site activities. 8. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit and shall be consistent with the memorandum from the City Engineer. 9. Prior to issuance of a building permit, the final plans shall show that landscaping will not inhibit clear sight lines into and out of the property. 10. Final landscaping plans shall be revised to relocated trees outside of any drainage and utility easements and shown with trees with a minimum caliper inch of 2.5 inches. 11. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 12. Upon completion of grading and utility work on the site, a grading as-built and utility as- built shall be provided to the City for review. 13. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 14. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 7 15. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 16. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 17. A separate sign permit shall be required for all signs on the site. 18. Any future trash enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 19. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 20. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 21. A right-of-way permit shall be required for work performed within the City and/or Ramsey County right-of-way. 22. The proposed structure shall conform to all other regulations in the City Code. B. Recommend Approval as Submitted C. Recommend Denial D. Table Chair Collins opened the floor to Commissioner comments. Commissioner Lindau recused himself from acting on this item. Commissioner Erler requested further information regarding the park dedication fees for this proposal. Community Development Director Reilly explained park dedication fees would be required through the Planned Unit Development process. Commissioner Erler inquired if a portion of land could be dedicated to the Crepeau Nature Preserve. Community Development Director Reilly commented this could be considered by the City. Commissioner Julius asked why this project had to be this dense. Community Development Director Reilly explained the request was based on the ability of the project to come to fruition based on what the developer has proposed and whether the project pencils out or not. Commissioner Julius inquired if there was precedent to amend the 2040 Comprehensive Plan to accommodate the proposed density. Community Development Director Reilly reported the Comprehensive Plan has been amended in order to accommodate up to 24 units per acre in the R-4 Zoning District. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 8 Councilmember Weber provided further information on the developments on East Round Lake and at North Heights Church, noting both requested extra density. Chair Collins commented on the B-2 guiding plan and noted this area allowed for three to 20 units per acre for density. He questioned if a four-story residential unit could have 20 units per acre. Community Development Director Reilly explained the 2030 Comprehensive Plan and B-2 guiding plan were emblematic of their point in time and the 2030 plan may not have had the opportunity to fully incorporate the guiding plan for the B-2 district. He stated a developer could put together a four-story building that was 20 units per acre, but he did not know if a developer would. He commented on how the housing market has changed significantly since 2008. Further discussion ensued regarding the requests before the Planning Commission. Chair Collins asked if the Commission should be taking action on each of the requests separately. Community Development Director Reilly stated he was not an attorney, but he said the Commission could take action on each request separately. Commissioner Burlingame questioned if a newer market analysis exists for this corridor and asked why the 2008 projection should still apply. Community Development Director Reilly reported the fundamental answer to this question was the data associated with the 2008 plan and housing ceiling does not hold true today for many reasons. He discussed how the population had shifted since 2008, noting there has been a decline in birth rates. He explained fewer people were coming to the region and there has been underbuilding for decades. He stated a new market analysis was warranted for Arden Hills and noted the City was waiting to hear about a grant from the Met Council to complete this analysis. Commissioner Burlingame inquired which gross floor area figure was authoritative, the 249,944 square feet or the 190,094 square feet. He asked if these numbers included the underground parking space. Community Development Director Reilly reported the .96 floor area ratio figure was correct and this number did not include the underground parking component. Commissioner Erler questioned what the site plan review would do for this project. Community Development Director Reilly explained the site plan review went along with the planned unit development and conditional use permit. He noted the only difference with the site plan review consideration was that this portion of the request did not require a public hearing. Chair Collins asked if staff would like to address the questions received from the neighborhood at this time. Community Development Director Reilly stated he could review the questions and answers, but suggested the Commission move along to the public hearing at this time, noting staff could circle back to these questions if not raised during the public hearing. Chair Collins invited the applicant to come forward at this time. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 9 Nick Asta, Roers Company representative, introduced himself to the Commission noting Roers Company constructs, owns and manages its projects long term. He explained he Roers Company has done over 100 projects to date and was based on the metro area. He reported this site came to him over a year ago and noted an office use was originally considered, but there were no takers. He stated this brought him back to the table in order to consider a housing project. He commented on the neighborhood meeting that was held the week before, noting he worked to address all of the questions that were raised. He explained the building location was questioned and discussed how his team worked to scale the building back. He indicated the northwest corner was the best location for the building because this was the high point and would allow for water retention to occur naturally on the southern portion of the lot. He stated it made more sense to place the pickleball courts on the eastern side of the property because of the noise that would be generated. He reported the request to move the building to the east and closer to the road, but noted this would become an issue of where the water would runoff. He explained there would be approximately 110 feet between the proposed building and the adjacent condos. Mr. Asta commented on how trees and a fence could be installed as a buffer between the two properties. He reported the traffic study was completed on Thursday, June 4, from 6:00 a.m. to 7:00 p.m. He understood there would be more cars in this area, but noted all of the intersections that were studied were rated either an A or B. He stated he was open to discussing ways to make people more comfortable with the situation, but indicated no concerns were raised from the traffic study. He reviewed the location of the walking trails that would surround the property. He stated he was interested in eliminating buckthorn and adding more local plants to the site. He indicated the minimum landscaping requirements was 25% and he was proposing 35% of the site would be landscaped. He pointed out he would have 808 inches of trees when 619 inches were required. Mr. Asta commented he started with a larger project and noted this has been scaled back over time. He explained he was at a point where the project could be scaled back no further, but for the use of City subsidies such as tax-increment financing or other forms of public assistance. He indicated he was not requesting public assistance at this time but rather was proposing a full market rate building. He stated the changes in the housing market and the increases in construction costs have led to four-story apartment buildings. He thanked the Commission for considering his request and noted he was available for further questions or comments from the Commission. Chair Collins asked if the Commission had questions for the applicant. Commissioner Julius stated the comprehensive plan had standards for a reason and expressed concern with making adjustments. She questioned why this location was chosen for this development. Mr. Asta explained this location was attractive for the live, work, play situation. He stated being able to live near retail was very attractive for tenants. He reported the employment opportunities in town were also very attractive. He indicated it was challenging to make the numbers work given the current construction market. He reported the thought that 20 units per acre was super high density was antiquated. He stated he has worked on projects that were 50 units per acre and more. He was of the opinion the proposed 29.5 units per acre, including the affordable units, was not that dense. Commissioner Erler stated most of his questions had to do with the siting of the building, but noted the applicant had addressed his questions. He had hoped the line of mature trees would be ARDEN HILLS PLANNING COMMISSION – July 8, 2026 10 spared by some adjustment, but it appears this would not occur. He understood the applicant was meeting the City’s caliper inch requirements, but these would be from new trees and existing mature trees would be lost. Mr. Asta reported previous iterations of the site plan were more invasive. He commented on how adjustments have been made to the site plan to be more accommodating. Commissioner Erler explained the proposed building location would allow the developer to use the Hunter’s Point property tree line to create a point of separation. Mr. Asta reviewed the proposed tree plan in further detail with the Commission. Commissioner Erler reiterated that the proposed plantings were made possible due to the loss of the mature trees that were currently on the site. Commissioner Burlingame stated these were impressive and detailed plans. He noted retail was allowed by right in this zone and he questioned why the ground floor did not include retail space. Mr. Asta indicated Roers Company was not in the business of mixed use. He did not believe it made sense to include retail uses on the ground floor given the surrounding uses. Commissioner Birken asked what it would take to save the mature tree line. Sam Trebesch, Civil Engineer, explained the building was currently set back 29 to 30 feet from the west property line, which was not up against the minimum setback. He indicated the mature line of trees was 20 to 30 feet from the property line. He stated the building itself would not impede the trees, but the grading for the sidewalk and trail around the building would. He anticipated the building would have to be shifted 40 feet to the east in order to not disrupt the existing mature tree line. Commissioner Birken commented on the B-2 zoning district guidelines and questioned if the parking could be placed behind the building in order to save the mature trees. She provided further comment on how mature trees were valued in this community. Mr. Asta stated one of the original iterations of the site had the building flipped and to the south. He indicated this would push the building closer to the neighbors along Harriet. For this reason, the building was pushed closer to the retail in order to provide a buffer. He discussed the slope that was in place from Harriet to the parking lot, noting trees would be planted in this space which would serve as a buffer. Chair Collins indicated he was surprised the applicant was responding with a “noted but no” response. He commented on the number of flexibility requests that were being made by the applicant and asked what was extraordinary about this project. Mr. Asta reported he felt the proposed project was the highest and best use for this property given how the office space has sat vacant. He explained he would be making a huge investment in the community in order to allow more people to live in the community. Chair Collins stated while he appreciated the trees and landscaping that would be added, he wanted to acknowledge the negative impact of this project and the trees that would be lost. He ARDEN HILLS PLANNING COMMISSION – July 8, 2026 11 explained he visited the property today and noted all of the trees onsite were flourishing except for maybe two. He inquired what the applicant was doing within this project that addressed environmental conservation or sustainability. Mr. Asta commented the building materials and energy star requirements would be followed. He stated the tree replacements, ponds and walking trails would also be enhancements to the site. He explained he would be open to more suggestions from the Commission. Chair Collins indicated the Commission did not tell applicants how to check this box, but noted this project was really missing when it comes to innovation and sustainability. He discussed how the B-2 district guiding principle requires all multi-family parking to be enclosed in order to avoid large parking lots, while also protecting greenspace. He stated the applicant would cover one-third to one-half of the site. He questioned why the applicant was requesting flexibility to the minimum number of enclosed parking spaces. Mr. Asta reported a building of this type can provide .8 to 1 covered parking and beyond that plaza parking would be required. He discussed how important it was to have these types of buildings properly parked so as not to spill over onto adjacent properties. Chair Collins explained he has worked on 30 projects like this in a previous career and he understood the tension between codes, regulations and finances. He was of the opinion this project was not taking on the recommendations within B-2 zoning district. From his perspective, he was concerned about the southern orientation of the building. He did not have confidence there was any environmental considerations for this building. He expressed concern with the parking and where it was situated when taking into consideration the B-2 zoning district guidelines. Commissioner Erler asked how far the sidewalk along Harriet would extend. Mr. Asta reported the initial plans do not include a sidewalk along Harriet but this could be added. Chair Collins opened the public hearing at 7:22 p.m. Chair Collins invited anyone for or against the application to come forward and make comment. Shawn Wochnick, 4 Pine Tree Drive, requested the Commission deny the requests of the applicant because the requests far exceed the current zoning allowed for the parcel and Roers cannot meet the minimum PUD requirements. He expressed concern with how parking would be managed during snow removal. He indicated the environmental impact from this project was also a concern to him. He noted the proposed apartment units do not meet the one-bedroom minimum square foot requirements and does not meet the one enclosed parking space per unit. He explained this project was not consistent with the adopted 2040 comprehensive plan. He stated community mixed use should have 12 to 20 units per acre with a .8 FAR and the proposed project had a 50% increase in units per acre and 20% increase in FAR. He commented further on the negative impact this project would have on Hunter’s Park. He suggested the building be moved to the east in order to address the solar exposure concerns. He recommended the Commission deny the proposed requests. Mary Esser, Hunters Park resident, stated she lived on the east side of the Hunters Park building and noted if this project were constructed, a four-story building 50 feet from her home would be her view and the mature trees between the two properties would be lost. She indicated the proposed ARDEN HILLS PLANNING COMMISSION – July 8, 2026 12 building would block all sunlight and replace her view with another building. She explained she chose her unit because it was quiet and surrounded by mature trees and wildlife. She commented on how she photographs the owls and juvenile hawks on the adjacent property. She stated she was diagnosed autistic and she has anxiety. She reported she has worked very hard to be an independent adult, noting she has a job she loves and she volunteers in the community. She indicated she was able to do these things because she has a home where she can recharge. She feared how this project would remove this peace by removing the tree buffer, reducing her privacy and impacting her quality of life and mental health. She explained she was also concerned with how traffic would be impacted by the proposed apartment building. She respectfully asked the Commission to deny the request. George Boyadjis, Hunters Park resident, requested the Commission deny Planning Case 26-009. He explained he was an accountant which led him to review the numbers. He commented on the variances the applicant was requesting, noting there was a 32% difference for the minimum lot area request and a 20% difference for the FAR. He indicated the increased density was a 47.5% difference and the parking difference was 11%. He was of the opinion the applicant was trying to squeeze more sardines into the sardines can. He commented on how the traffic study was a draft document and the final study had not been presented to the City. He reported this particular project would create a 90% increase in traffic, which would be a significant change for the existing neighbors. He discussed how there was currently a nice berm in place on the office building property that buffers the office building. He indicated the proposed building would be at street level and the existing buffer would be lost. Traci Youngs, 4 Pine Tree Drive, commented on the solar study and noted the proposed building would shade her parking lot throughout the winter, which would increase costs for ice and snow removal. In addition, this would increase liability for slip and fall events. She noted the top of the Hunters Park building would be shaded at the northeast corner which could create ice dams. She stated none of this would occur if the proposed building was more than 30 feet from the property line. She was of the opinion the proposed building was entirely too close to the property line. She discussed how the entire lot would be graded in order to allow for the drainage to be moved. She commented on the plan the community proposed noting the developer had not heeded any of these suggestions. She requested the planning case be denied based on the solar hardships that would be created at Hunters Park and Frattalone’s. Sarah Anderson, 1192 Benton Way, reported the back of her home was adjacent to the south side of Harriet Avenue. She indicated she sent an email to the Commission prior to this meeting. She requested the office building remain in place for some type of future redevelopment. She anticipated some type of development could occur without requiring the amount of flexibility that was being requested. She hoped the Commission only makes decisions for 3499 Lexington Avenue North and not the broader B-2 district. She noted she has concerns regarding the requested density, noting only 17 of the proposed units would be affordable at 80% AMI. She questioned how this project would achieve the City’s fourth housing goal, which was to encourage housing development and redevelopment that was complementary to and enhances the City’s established neighborhoods. She indicated this was a critical goal that the Commission should consider because none of the surrounding housing had a similar density or height. She discussed the new developments that have been completed in the area and commented on how traffic has been impacted. She was of the opinion another developer should be solicited to bring forward a project that would be more agreeable and more in line with the City’s comprehensive plan/B-2 guiding document. She recommended the Commission deny Planning Case 26-009. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 13 Robert Porter, 1128 Benton Way, stated he was proud of all of his neighbors for attending this meeting and for the comments that have been made. He explained as an ex-land use planner and working for developers, this project was about cost. He indicated this project was not providing any net benefit to the City. Rather, the developer wanted to construct a single building through a PUD with numerous exceptions to the City’s requirements. He commented further on the City’s zoning requirements and stated financial hardship was not grounds for granting a variance. He stated the costs incurred by the developer were not a concern for the City, rather the developer had to find the necessary financing. He recommended the Commission deny the request. Angie Isaacson, 4 Pine Tree Drive, thanked the Commission for their thoughtful consideration of this request. She did not believe this project fit the City’s vision for housing. She commented on all of the greenspace and wildlife that has been lost from the New Perspectives and fire department projects. She expressed concern regarding the findings within the solar study and did not want to see her property struggling with additional ice concerns. She questioned if another high-density residential building was needed in the City. She stated Roers believes they have designed this building with the neighbors in mind, but noted the neighbors would be looking directly into a four- story building, a large parking lot and dumpster pad. She expressed concern with the fact the line of mature trees would be lost and in its place would be a four-story wall. She asked that this project be denied and that the City not put Roers profit over the needs of the existing homeowners in the community. Angie Patterson, Hunters Park resident, thanked the Commission for their time. She indicated she would face the proposed building and her unit would be completed shaded. She explained she loved looking at the sun in the morning. She discussed how her parking lot would now be ice during the winter months as it would be fully shaded by the proposed building. She noted she has lived in her unit for 20 years and she did not want to be assessed for additional snow and ice removal costs. Lynn Diaz, 1143 Ingerson Road, stated there was a severe housing shortage in the Twin Cities. She reported Arden Hills had a smaller than normal amount of multi-family units and the City has seen a decline in the 20 to 30 year old age group. She was of the opinion the proposed housing was suitable for addressing these concerns. She explained the proposed housing would increase the City’s tax base, would assist with school enrollment, create additional support for local businesses and may assist in attracting new amenities. She indicated she supported this project moving forward with conditions. She recommended Roers be required to keep the trees on the west side or that the trees be replaced with mature trees/like-sized trees. She discussed the benefits of mature trees on the community. She recommended Roers be required to construct more enclosed parking spaces. She suggested Roers be required to construct one-bedroom units that were at least 700 square feet in size or that the 16 sub-standard sized units be allowed if offered at 60% AMI as this would provide additional workforce housing for the community. She was of the opinion the density request was too high noting she warned the City the ask for more units would occur when the City approved 80% AMI as an option. She reported if the City was forced to provide the 25% affordability bump, the Commission should deny the other 25% bump. She indicated another option would be to allow the 25% bump if 10% of the units were provided at 50% to 60% AMI. Brenda Goldman, 1146 Waldon Place, noted she has lived in the community since July of 1993. She discussed how townhomes were proposed for this area and how greenspace has already been lost in this area due to the senior housing units and fire station. She noted these developments have also increased traffic and created an emergency vehicle route. She commented on the building height study, noting four-stories and higher were allowed in the northwest corner above County ARDEN HILLS PLANNING COMMISSION – July 8, 2026 14 Road E, not south of County Road E. She asked what the City was fighting for when it comes to additional density, given the fight that occurred between the City and the County within the Rice Creek Commons development. She was of the opinion the traffic study was invalid given how it was completed on June 4, when Bethel University and the Mounds View School District were no longer in session. She discussed how natural beauty and elevated forests were important to this community and spoke to the City’s name, Arden Hills. She stated trees were so important to this community they were included in the City logo. She recommended this request be denied or that the plan be reconsidered to more closely align with the surrounding neighborhood. Eric Christianson, 1169 Benton Way, stated he lived in cul-de-sac five in Hunters Park and has walked through the Crepeau Nature Preserve thousands of times with his family. He discussed how the loss of habitat and trees has impacted his neighborhood. He explained 200 more cars would adversely impact his neighborhood and quality of life. He was of the opinion the traffic study was not valid because it was not done while school/college was in session. He recommended more data be collected regarding how the increased traffic would impact the surrounding intersections. He understood the developer had a lot of wants and questioned what the City would be getting from this development. He stated he only saw detriment from this development. Paul Wood, 1184 Benton Way, reported he sent a memo to Community Development Director Reilly. He explained he was concerned with the financial, safety and environmental impacts of this project. He recommended the fiscal and financial perspective of this project be further investigated. He stated 150 units with two cars parked per unit would impact the surrounding properties and traffic. He anticipated traffic in this area would double and a traffic light would be needed at Lexington and Harriet. He requested the City further consider the safety aspects. He commented further on how the proposed landscaping and trees would not grow on this property because they would not be receiving sunlight. He noted he was a light sleeper and discussed all of the noise that would be generated from the proposed building. Scott Burns, Hunters Park resident, commented his neighbors have addressed many of his concerns. He stated he understood there were concerns regarding the lack of housing in the community, but noted he was worried about the amount of housing proposed for this site. In addition, he had concerns about how his unit would be impacted by loss of sun exposure. He asked that the Planning Commission take into consideration how the quality of life would be impacted for the current residents if this project were to move forward. Wayne Sather, 1137 Hunters Court, noted he has lived in his home for the past 48 years. He stated he has agreed with most of the comments his neighbors brought forward and noted he sent a memo to staff. He indicated it was apparent this project does not fit this site. He believed this project should not move forward given the number of exceptions that were being requested. He did not believe it was up to the City to make this project work for the current property owner. He requested the City not make this project fit where it does not fit. Allen Wilson, 3457 Harriet Court, noted he lived across the street from the proposed development. He encouraged the Commission to consider the precedent that would be set if this project were to move forward. He discussed the noise and light pollution that would be created by the four-story building. He stated he grew up in Arden Hills and noted 50 units per acre was not for this community. There being no additional comment Chair Collins closed the public hearing at 9:08 p.m. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 15 Chair Collins requested motions be brought forward individually for the Comprehensive Plan Amendment, Zoning Code Amendment, Master Planned Unit Development and Conditional Use Permit. Community Development Director Reilly supported this recommendation, noting action should be taken separately for the Site Plan as well. Commissioner Birken moved and Commissioner Erler seconded a motion to take action on the Site Plan Review first. Commissioner Erler asked if language must be created to take action on these items separately. Chair Collins would recommend taking action on the items separately and that the conditions be attached to each approval. Community Development Director Reilly reported the Site Plan, Conditional Use Permit and PUD hinge on the Comprehensive Plan Amendment and then the Zoning Code Amendment. He indicated this may impact the order in which the Commission votes on these items. The motion carried unanimously (5-0). Chair Collins asked for comments from the Commission on the Site Plan Review. Commissioner Julius stated she had no concerns regarding the Site Plan Review, noting her main concern was with the Comprehensive Plan Amendment. Commissioner Erler commented on the high level of impact this project would have on the Hunters Park community. He explained his biggest problem with this project was with the site plan. He anticipated the City needed more development like this with increased density, but he did not support this site plan moving forward. He expressed frustration with the fact Roers did not take into consideration the comments that were made at the neighborhood meeting. He stated his vote on the site plan would be a no. He stated there were too many problems with this building and recommended this project not move forward. Chair Collins asked if the Commission could table action on this item if the Commission wanted to state “no not this”. Community Development Director Reilly indicated this was one of the Commission’s options. Commissioner Erler questioned what would be accomplished by tabling action on this item. Community Development Director Reilly explained tabling the item would require a request for additional information, an extension of the time limit would be needed and the item would come back once all of the additional information were gathered by the applicant. Commissioner Burlingame stated he had the same concerns as Commissioner Erler. He understood Arden Hills needed more housing, but explained this project was not in properly aligned with the neighborhood. He supported the project being tabled in order for the developer to rework the plans to create an adequate buffer of 50 feet and rotating the building to the northeast ARDEN HILLS PLANNING COMMISSION – July 8, 2026 16 portion of the site. He was of the opinion the proposed plans as submitted were inadequate given how this property abuts a residential neighborhood. Commissioner Birken explained the City needed housing and noted she had lived in a comparable building. She indicated these units would be market rate and she liked that the developer would retain ownership of this building. She supported the tax revenue that would be generated by this building. She commented she did not support the tree loss and she needed the site plan to be amended in order to protect the tree buffer and create a transition. She suggested the building location be reconsidered. She reiterated that she was a fan of the City having more housing, but stated the proposed plan did not work on this site. Commissioner Julius stated even if the tree work were addressed, the density of this site was too high and did not align with the City’s comprehensive plan. She did not believe the City should be making adjustments to the comprehensive plan. She indicated if the plan was antiquated then this needs to be reflected in the plan. She did not believe a better site plan would move this project forward because the density was the problem. Chair Collins explained the B-2 zoning district was very specific when it came to building location, parking location, mitigating traffic risks, preserving trees and parking requirements. He reported these concerns were not accounted for within the proposed plans and were not addressed by the developer after the neighborhood meeting. For this reason, he would not recommend approval of this site plan. He encouraged the developer to reconsider his plans for this lot taking into consideration the requirements within the B-2 zoning district and that the tree buffer not be removed. He stated it appears the Commission was considering either a “no” vote or “not this one” vote, which would lead to the item being tabled. He explained he would support tabling this item with conditions and direction to staff. Chair Collins moved and Commissioner Burlingame seconded a motion to table action on Planning Case 26-009 for a Site Plan Review for a Multiple Family Dwelling at 3499 Lexington Avenue N requesting the applicant evaluate the northeast rotation of the building as was proposed by the neighbors, that the applicant review the plan in light of the B-2 zoning district guidelines paying special attention to green initiatives, noise, traffic, building location, parking lot location and naturescape enhancements for this development, that the applicant provide a plan that protects the tree buffer on the west side of the property and that a meaningful traffic study and updated solar study be completed. The motion carried unanimously (5-0). Chair Collins recessed the Planning Commission meeting at 9:35 p.m. Chair Collins reconvened the Planning Commission meeting at 9:45 p.m. Chair Collins requested the Commission take action on the comprehensive plan amendment next. He commented on the City’s current density and height requirements, noting this project was proposing a four-story building. He was of the opinion the proposed building was wildly out of character from what the City wanted. Commissioner Birken discussed how the cost for constructing multi-family buildings had increased over time and noted the City may have to reconsider its density requirements in order for future projects to cash flow. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 17 Chair Collins indicated a project could move forward with four-stories and all three-bedroom units, but noted these units would come with extremely high rents and this type of project would not properly address the housing crisis. He understood the community needed one and two- bedroom units. Commissioner Julius was of the opinion it would be irresponsible to approve plans like this when the plans were not aligned with the City’s comprehensive plan. Commissioner Erler spoke to how the Commission does not set policy but does have the opportunity to advise the City Council on when policies need to be changed. He commented on how construction costs have increased since 2008. He anticipated if the City were to keep the density at 20 units per acre the City would not be getting any projects in the B-2 zoning district. He noted this lot would redevelop at some point in the future and if not this project, then what. He reported a 50,000 square foot retail use could locate on this property without any changes. Commissioner Birken commented it was hard for her to make a comment regarding the increased density because she does not have data in front of her on what other cities were doing. Chair Collins explained he was trying to consider this request taking into consideration the spirit and intent of what the comprehensive plan and B-2 documents are trying to convey. Commissioner Birken stated based on this information she would support moving forward with the comprehensive plan amendment with the understanding the City Council would have the final say on this matter. Commissioner Julius indicated she would vote to deny the comprehensive plan amendment because she saw no benefit in approving the amendment. Commissioner Birken stated the Commission had to take into consideration what the appropriate transition was for this parcel given the fact it was adjacent to residential. Chair Collins reported the district guidelines address sensible or incremental height increases. He commented on one side of the street there were single-family homes and on the other side there could potentially be four-stories. He asked how the Commission wanted to proceed with the comprehensive plan amendment. Commissioner Erler stated he was in favor with moving the comprehensive plan amendment forward. However, he would like a stipulation in place that has the FAR following the housing density as it applies to housing and not to any other development within B-2. Commissioner Burlingame indicated he would support the change to the comprehensive plan amendment and the zoning code amendment. Commissioner Birken explained she would support the comprehensive plan amendment and increase in density. Commissioner Erler moved and Commissioner Burlingame seconded a motion to recommend approval of Planning Case 26-009 for a Comprehensive Plan Amendment for a Multiple Family Dwelling at 3499 Lexington Avenue N, based on the findings of fact and the submitted plans, as amended by the conditions in the July 8, 2026, report to the Planning ARDEN HILLS PLANNING COMMISSION – July 8, 2026 18 Commission recommending the density be increased from 20 units per acre to 30 units per acre and that the FAR be increased from .8 to 1.0 as it applies to residential development. Commissioner Julius stated she believed this was the wrong move for the City. She feared this item was being approved to meet financial constraints from a developer. She challenged the Commission to consider why the developer wasn’t building on another piece of land. The motion carried 4-1 (Commissioner Julius opposed). Commissioner Birken asked if the Commission had to take action on the zoning code amendment given the fact the Commission tabled action on the site plan review. Chair Collins stated the Commission did not have to take action. Commissioner Birken indicated she was having a difficult time understanding how the zoning code amendment advances the project. Community Development Director Reilly reported the State Supreme Court has stated the comprehensive plan is the City’s guiding legal framework for land use decisions by the City and recommendations have to tie to the vision of the comprehensive plan. He explained the zoning code implements the comprehensive plan. He indicated the City Council was the decider on both of these things. He stated the comprehensive plan sets the ceiling and the zoning code sets standards that align with the comprehensive plan. He noted, for the record, that the 2050 comprehensive planning cycle will require this community to guide overall density to seven units per acre versus five units per acre. Commissioner Burlingame stated he was in favor of approving the zoning code amendment. Chair Collins and Commissioner Erler were in agreement. Commissioner Julius indicated she was against the proposed zoning code amendment for the same reasons she was against the comprehensive plan amendment. Commissioner Burlingame moved and Commissioner Birken seconded a motion to recommend approval of Planning Case 26-009 for a Zoning Code Amendment for a Multiple Family Dwelling at 3499 Lexington Avenue N, based on the findings of fact and the submitted plans, as amended by the conditions in the July 8, 2026, report to the Planning Commission recommending the density be increased from 20 units per acre to 24 units per acre and that the FAR be increased from .8 to 1.0 as it applies to multi-family housing developments. The motion carried 4-1 (Commissioner Julius opposed). Commissioner Birken recommended the applicant be required to provide the units below the allowed size at 60% AMI. She explained she was concerned about moving forward with the CUP given the fact action on the site plan was tabled. For this reason, she supported action on this item being tabled. Commissioner Burlingame and Commissioner Erler supported action on this item being tabled. Commissioner Julius agreed, noting she would like to hear the compelling reasons why the applicant was not meeting the City’s requirements. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 19 Chair Collins moved and Commissioner Birken seconded a motion to table action on Planning Case 26-009 for a Conditional Use Permit for a Multiple Family Dwelling at 3499 Lexington Avenue N, based on the findings of fact and the submitted plans, as amended by the conditions in the July 8, 2026, report to the Planning Commission requiring the applicant to provide the substandard sized units at 60% AMI in perpetuity and that the one enclosed parking space be provided per unit. The motion carried unanimously (5-0). Chair Collins moved and Commissioner Burlingame seconded a motion to table action on Planning Case 26-009 for a Master and Final Planned Unit Development for a Multiple Family Dwelling at 3499 Lexington Avenue N, based on the findings of fact and the submitted plans, as amended by the conditions in the July 8, 2026, report to the Planning Commission. The motion carried unanimously (5-0). Commissioner Lindau returned to the meeting. C.Planning Case 26-017 – Ryan Companies – Ordinance Amendments to Chapter 13 - Zoning Code Section 1380 TCAAP Redevelopment Code for clear height and loading dock requirements – Public Hearing Required Community Development Director Reilly stated in November 2012, the City Council approved a Joint Powers Agreement (JPA) with Ramsey County which establishes a partnership between the City of Arden Hills and Ramsey County with the goal of the remediation and redevelopment of the 427-acre Twin Cities Army Ammunition Plant (TCAAP) site. Under the JPA, the City and County created a Joint Development Authority (JDA) that is the joint governing entity of the TCAAP site as allowed by the Joint Powers Act and MN State Laws. The JDA is the authority responsible for, but not limited to, environmental remediation, elimination of blight, infrastructure construction and financing, comprehensive planning and zoning, and economic development and redevelopment. The JDA Board is comprised of two County Commissioners, two City Councilmembers, and an additional non-elected City appointee as the Chair. Community Development Director Reilly explained between 2013 – 2016, the city facilitated the process of developing the Master Plan for the TCAAP site, which as noted above was the responsibility of the city under the JPA. Planning elements of the Master Plan included defining the public engagement process, land use, circulation and movement, utilities, environmental remediation, parks and open space, implementation plan, and a regulatory plan. In 2016, the City adopted the TRC, Section 1380 of the zoning code which includes the regulating plan, land use table, design standards, and other regulations related to land development that are specific to the TCAAP site. Through the JPA in the event the JDA believes the TCAAP Master Plan should be amended that shall be referred to the City and County for review. The city maintains the responsibility for processing TRC and Comprehensive Plan Amendments. As part of a TRC Amendment, the City will request confirmation of approval by Ramsey County. Community Development Director Reilly reported in 2024 Ryan Companies entered into a purchase agreement with Ramsey County for the portion of Rice Creek Commons known as “Outlot A.” Outlot A is designated as CC – Campus Commercial in the TRC. Campus Commercial is described in the TRC as “facilitat[ing] a building format that allows multiple, single tenant buildings or campuses within the northern “Thumb” site of the Plan Area. The goal is to allow for an individual plan approach for each campus or building, based on user preferences within a range of requirements. In 2025 Ryan Companies received required approvals from the JDA, City, and ARDEN HILLS PLANNING COMMISSION – July 8, 2026 20 County to construct an office and manufacturing facility on the north side of Outlot A, off of Rice Creek Parkway. That facility was completed in 2026 and is occupied by Micro Control Company. Ryan Companies is working toward completion of the campus-style development with additional commercial/industrial users. Based on the experience working with architects and engineers for the existing light-industrial manufacturing use, Ryan Companies is requesting changes to the TRC in response to current Twin Cities industrial real estate market data and design constraints associated with the existing code language and design requirements for mezzanine office configurations and the structural and internal functional needs of today’s light-industrial manufacturing facilities. Community Development Director Reilly provided an overview of the Ordinance Amendments, discussed the Plan Evaluation and provided the Findings of Fact for review: 1. The Applicant is proposing to amend ordinance language in Chapter 13 – Zoning Code Section 1380 – TCAAP Redevelopment Code. 2. The proposed ordinance amendment aligns the definition and description of Clear Height with industry standards. 3. The Applicant states that the proposed ordinance language will address current industrial real estate market data and remove design constraints associated with mezzanine office configurations. 4. The proposed ordinance amendment would allow for a maximum clear height of 32 feet for facilities that include a loading dock. 5. The Applicant states that loading dock door dimensions and configurations will continue to follow standard industry dimensions. 6. The Applicant states that the proposed ordinance language does not impact design standards established in the TRC. 7. The proposed ordinance amendments are generally in the public interest and in keeping with the City’s Comprehensive Plan. 8. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Community Development Director Reilly reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval as Proposed 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Collins opened the floor to Commissioner comments. Commissioner Lindau questioned why a maximum clear height was being set. Community Development Director Reilly indicated the intent was to ensure high quality design in the City. Chair Collins inquired if the 24 foot height was decided in the TRC for specific reasons. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 21 Community Development Director Reilly stated he was not able to answer this question given his tenure with the City. He reported it was his understanding there was an intent to limit the type of industrial uses to not include very tall racking systems and warehouse operations. Chair Collins asked the applicant to come forward at this time. Eddy Wolf, Ryan Companies, stated the JDA requested a series of lessons learned after completing Outlot A and this was one of the items that was called out as an area of opportunity. He noted the number of potential users was dramatically reduced by the 24 foot clear height. He reported med tech users were in need of 24 to 32 foot clear height. Chair Collins opened the public hearing at 10:51 p.m. Chair Collins invited anyone for or against the application to come forward and make comment. There being no comment Chair Collins closed the public hearing at 10:52 p.m. Commissioner Lindau stated the sustainability guidelines (Attachment C) were very challenging and lofty, but it sounds like Attachment A was valid. Councilmember Weber appreciated the fact the JDA requested the lessons learned from Outlot A and discussed how this information was passed along to the City Council, JDA and Ramsey County. Chair Collins indicated the previous 24 foot clear height standard was established to limit certain uses. He supported the change to the clear height to be driven by the City Council. He recommended the fourth redline be removed because it was redundant noting the language would now read: Facilities that include a loading dock shall have a maximum clear height of 32 feet. Mr. Wolf requested this change not be made within the TRC language. Commissioner Birken moved and Commissioner Burlingame seconded a motion to recommend approval of Planning Case 26-017 as presented for Zoning Code Amendments to Chapter 13 in Section 1380 – TCAAP Redevelopment Code of the Arden Hills City Code to modify language to modify language pertaining to clear height and loading docks in Rice Creek Commons as described in the July 8, 2026 Planning Commission staff report. The motion carried unanimously (6-0). D. Planning Case 26-018 – City of Arden Hills – Ordinance Amendment to Chapter 13 – Zoning Code Section 1320.16 Requirements for Affordable Housing – Public Hearing Required Community Development Director Reilly stated on April 27, 2026 the Arden Hills City Council, upon recommendation by the Planning Commission, adopted Ordinance 2026-007 amending Chapter 13, Zoning Code to add Section 1320.16 – Requirements for Affordable Housing to identify when and how affordable units may be required to be included in new housing developments and in rehabilitation of existing housing units, including regulatory incentives and provisions for enforcement.. As stated in staff reports and in meetings, those affordable housing provisions were not intended to be applied to the TRC. Upon further review, the City Attorney recommends that language memorializing that intent be added to for clarity. A draft ordinance is ARDEN HILLS PLANNING COMMISSION – July 8, 2026 22 included as Attachment A. The attorney recommends the following amendments to Subd. 5. Applicability. Subd. 5. Applicability. A. This ordinance applies to the following development types as follows: 1. New multifamily residential developments creating 20 or more dwelling units. 2. Mixed-use developments with a residential component of 20 or more dwelling units. 3. Substantial rehabilitation or reconstruction of existing buildings containing 20 or more dwelling units. 4. Conversion of non-residential buildings to residential use creating 20 or more dwelling units. 5. Those developed on property purchased from the City of Arden Hills unless a waiver is approved by the Arden Hills City Council. 6. The development must comply with this inclusionary housing ordinance as amended and approved by the city council as of the date the development enters into a development agreement with the city. 7. Properties within the TCAAP development Plan Area, as defined in the TRC, are exempt from this ordinance. Community Development Director Reilly provided the Findings of Fact for review: 1. The City of Arden Hills is proposing to amend ordinance language to clarify the applicability of Ordinance 2026-007 to the TRC. 2. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning Code, Section 1320.16. 3. The City Council approved Ordinance 2026-007 amending Chapter 13 Zoning Code on April 27, 2026. 4. As stated in the record, the intent and purpose of said ordinance is to provide a requirement for affordable housing in new residential developments in areas of Arden Hills not regulated by the provisions of the TRC. 5. The proposed ordinance amendment is consistent with the City’s Comprehensive Plan. 6. There is an adopted comprehensive plan policy and goal to require affordable housing at Rice Creek Commons: a. The City of Arden Hills 2040 Comprehensive Plan (2019) Land Use Chapter states, “Future development of TCAAP shall be subject to a term sheet for development to be known as Rice Creek Commons in order to meet the goals of the Comprehensive Plan with a requirement that 20% of housing units in the development must be affordable at 60% of Area Median Income or less.” b. The Comprehensive Plan guides 15.9 acres at Rice Creek Commons at sufficient density to accommodate at least 373 units of housing affordable to those with incomes at or below 80% AMI. 7. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Community Development Director Reilly reviewed the options available to the Planning Commission for Planning Case 26-017 for Zoning Code Amendments to Chapter 13 – Zoning Code, Section 1320.16 of the Arden Hills City Code to modify language to provide clarity regarding affordable housing development at Rice Creek Commons: ARDEN HILLS PLANNING COMMISSION – July 8, 2026 23 1. Recommend Approval as Presented 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Collins opened the floor to Commissioner comments. Commissioner Birken asked why the City would not want to have a consistent rule that covers the entire City when it comes to affordable housing. Chair Collins stated he had concerns with the fact there was no language in place that would require developers in TCAAP developing a project over a certain threshold to provide the same level of affordability as the developers looking to develop in Arden Hills outside of TCAAP. Community Development Director Reilly commented right now as written, the provision does not apply to the 400+ acres in TCAAP. He provided further information on comprehensive plan requirement for the term sheet that was drafted for TCAAP noting 20% of the housing units would be affordable at 60% AMI or less. Chair Collins expressed concern with the fact the way the language was written, the requirement would only apply to new housing in existing Arden Hills based on a running ratio. He stated he did not want to see a poverty pocket created in the community where affordable housing was built all in one place. Community Development Director Reilly reported this comprehensive plan statement would result in more affordable housing units than the provision as written in the zoning code. Chair Collins stated he understood this to be true. Councilmember Weber indicated this language had already been approved by the City and the amendment was for clarification purposes. He thanked the Chair for raising his concerns regarding Rice Creek Commons. Commissioner Birken asked what the intent was for inclusive housing within TCAAP. Councilmember Weber explained the intent was to incorporate affordable housing into each development in Rice Creek Commons. Chair Collins expressed concern with the fact affordable housing could be concentrated within towers on TCAAP in the Town Center. He recommended the language within the TRC be firmed up to ensure all developments within TCAAP be required to have affordable housing. Councilmember Weber encouraged Chair Collins to attend a future JDA meeting to express this intent. Chair Collins opened the public hearing at 11:18 p.m. Chair Collins invited anyone for or against the application to come forward and make comment. ARDEN HILLS PLANNING COMMISSION – July 8, 2026 24 There being no comment Chair Collins closed the public hearing at 11:18 p.m. Commissioner Birken moved and Commissioner Erler seconded a motion to recommend approval of Planning Case 26-017 as presented for Zoning Code Amendments to Chapter 13 – Zoning Code, Section 1320.16 of the Arden Hills City Code to modify language to provide clarity regarding affordable housing development at Rice Creek Commons as discussed in the July 8, 2026 Report to the Planning Commission. The motion carried unanimously (6- 0). UNFINISHED AND NEW BUSINESS A. Planning Case 26-011 - City of Arden Hills – Ordinance Amendments to Chapter 13 – Zoning Code Section 1325 Adding Language for Accessory Dwelling Units Community Development Director Reilly provided a verbal update to the Planning Commission on the updated draft. It was noted the Planning Commission will formally review an updated draft at the August Planning Commission meeting. REPORTS A. Report from the City Council Councilmember Weber provided the Commission with an update from the City Council. He reported the 75th Anniversary Celebration for the City would be held on Friday, July 17 at Cummings Park beginning at 4:00 p.m. He noted Ramsey County would be hosting a booth at this event with renderings for Rice Creek Boulevard. B. Planning Commission Comments and Requests None. ADJOURN Commissioner Erler moved, seconded by Commissioner Birken, to adjourn the July 8, 2026, Planning Commission Meeting at 11:21 p.m. The motion carried unanimously (6-0). Page 1 of 1 AGENDA ITEM – 4A MEMORANDUM DATE: August 5, 2026 TO: Planning Commission Chair and Commissioners FROM: Jake Reilly, Community Development Director SUBJECT: PC 26-011 - Ordinance language Amending Chapter 13, Zoning Code relating to Accessory Dwelling Units (Public hearing held June 3, 2026.) Requested Action The Planning Commission should consider the revised draft ordinance presented in Attachment A and provide a recommendation to the City Council. Background In 2025, the City Council requested a work session agenda item to allow for discussion of Accessory Dwelling Units (ADUs). At the April 13, 2026, City Council work session the Council considered information related to permitting ADUs, including information from other metropolitan area municipalities related to permitting ADUs. At the June 3, 2026 Planning Commission meeting, the Planning Commission held the required public hearing for the ordinance and requested changes based on testimony and questions raised during the discussion. A draft version of the ordinance, represented in Attachment A, was provided as an informational item for the July 8, 2026, Planning Commission meeting. Those requested changes and additions are reflected in Attachment A. The primary changes and additions include clarifying how ownership is to be determined, a mechanism for reviewing and permitting existing unpermitted and unlawfully constructed accessory dwelling units and added clarity regarding definitions and conditions. Changes from the earlier version are shown with double underlines for new language. Attachments Attachment A: Draft ordinance language Amending Chapter 13, Zoning Code relating to Accessory Dwelling Units. Page 1 of 14 ORDINANCE NO. 2026-XXX CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE , SECTION 1325 GENERAL REGULATIONS AND 1305.04 DEFINITIONS OF THE ARDEN HILLS CITY CODE RELATING TO ACCESSORY DWELLING UNITS SECTION 1. RECITALS WHEREAS, the City of Arden Hills, Minnesota (the "City") is authorized under Minnesota Statutes § 462.351 et seq. to adopt zoning ordinances and regulations that promote public health, safety, and general welfare; and WHEREAS, the City of Arden Hills finds that accessory dwelling units provide affordable housing options for residents of varying ages and income levels, allow homeowners to generate supplemental income, support aging in place, and facilitate family caregiving arrangements without altering the essential residential character of established neighborhoods; and WHEREAS, the City of Arden Hills finds that authorizing accessory dwelling units in residential districts serves the public interest by expanding the supply of market-affordable housing, making efficient use of existing infrastructure, and accommodating the diverse housing needs of the community; and WHEREAS, the City Council of Arden Hills has determined that it is necessary and appropriate to amend Chapter 13 of the Arden Hills City Code to authorize and regulate accessory dwelling units in residential zoning districts subject to clear and objective standards that protect neighborhood character while removing unnecessary barriers to their creation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA DOES ORDAIN: SECTION 2. PURPOSE AND INTENT This Ordinance is adopted to authorize, regulate, and promote accessory dwelling units (ADUs) as an accessory use to single-family dwellings in residential zoning districts within the City of Arden Hills. The specific purposes of this Ordinance are: To increase the supply of market-affordable rental housing within existing residential neighborhoods without requiring new infrastructure or significantly altering neighborhood character. Page 2 of 14 To provide housing options that serve people of all ages, abilities, and income levels, including older adults who wish to age in place, family members providing or receiving care, and households seeking smaller, more affordable dwelling units. To allow homeowners to generate supplemental income to offset rising homeownership costs. To make efficient use of the City's existing residential building stock and public infrastructure. To promote infill development consistent with the City's Comprehensive Plan goals. SECTION 41. AUTHORIZATION AND APPLICABLILITY –AMENDMENT. The Code of Ordinances of the City of Arden Hills, Chapter 13 - Zoning Code, Section 1305.04 – Definitions is hereby amended by adding the as the following definitions: ACCESSORY DWELLING UNIT (ADU) A residential living unit that is subordinate in size to a lawfully established single-family dwelling (the "principal dwelling") located on the same lot. An ADU provides complete, independent living facilities for one or more people, including permanent provisions for living, sleeping, eating, cooking, and sanitation. For the purposes of this Ordinance, "ADU" includes only the types described in Section 4 of this Ordinance. ATTACHED ACCESSORY DWELLING UNIT An ADU that is physically connected to the principal dwelling by a common wall, floor, or ceiling but has its own separate entrance and is a distinct, self-contained living unit. This includes additions to the principal dwelling constructed for the purpose of creating an ADU. GARAGE ACCESSORY DWELLING UNIT An ADU located within or above a legally established private accessory garage structure on the same lot as the principal dwelling. The garage ADU may be (i) within the footprint of an existing attached or detached garage, (ii) above an attached or detached garage, or (iii) within a new attached or detached garage structure built in combination with ADU space. A garage ADU is considered a type of detached or attached ADU depending on the configuration of the garage. INTERNAL ACCESSORY DWELLING UNIT An ADU that is entirely contained within the existing or expanded footprint of the principal dwelling. Examples include basement apartments, attic conversions, and additions constructed entirely within the building envelope of the principal dwelling. LIVING AREA The interior habitable floor area of a dwelling unit, including finished basements and finished attics used as habitable space, but excluding garages, unfinished storage areas, mechanical rooms, common hallways shared with the principal dwelling, and unfinished utility spaces. OWNER-OCCUPANT A person who owns the property on which an ADU is located and who occupies either the principal dwelling or the ADU as their primary residence. Page 3 of 14 SECTION 2. AMENDMENT. The Code of Ordinances of the City of Arden Hills, Chapter 13 - Zoning Code, Section 1325.01 – Accessory Structures is hereby amended by adding the underlined and removing the strikeout language as follows: Subd. 2 Height A. R-1, R-2, and R-3 Districts. Accessory Dwelling Units (ADUs) in the R-1, R-2, and R-3 Districts shall not exceed 25 feet in height or the height of the principal structure to which it is accessory, whichever is lower. All other accessory structures in the R-1, R-2, and R- 3 Districts shall not exceed fifteen feet in height or the height of the principal structure to which it is accessory, whichever is lower. Subd. 4 Size A. R-1, R-2, and R-3 Districts. 1. Accessory structures associated with residential uses shall not exceed seven hundred and twenty-eight (728) eight hundred (800) square feet in floor area. Accessory structures associated with non-residential uses shall not exceed two thousand one hundred eighty-four (2,184) square feet in floor area; and, SECTION 3. AMENDMENT. The Code of Ordinances of the City of Arden Hills, Chapter 13 - Zoning Code, Section 1325.01 – Accessory Structures is hereby amended by adding Subdivision 9 to read as follows: Subd. 9. Accessory Dwelling Units A. Purpose and Intent. 1. This Ordinance is adopted to authorize, regulate, and promote accessory dwelling units (ADUs) as an accessory use to single-family dwellings in residential zoning districts within the City of Arden Hills. The specific purposes of this Ordinance are: 2. To increase the supply of market-affordable rental housing within existing residential neighborhoods without requiring new infrastructure or significantly altering neighborhood character. 3. To provide housing options that serve people of all ages, abilities, and income levels, including older adults who wish to age in place, family members providing or receiving care, and households seeking smaller, more affordable dwelling units. 4. To allow homeowners to generate supplemental income to offset rising homeownership costs. 5. To make efficient use of the City's existing residential building stock and public infrastructure. Page 4 of 14 1.6. To promote infill development consistent with the City's Comprehensive Plan goals. A.B. Where ADUs Are Allowed. Accessory dwelling units are hereby authorized as an accessory use to lawfully established single-family detached dwellings in all residential zoning districts of the City of Arden Hills, subject to the requirements of this Ordinance. B.C. Number of ADUs Per Lot. No more than one (1) ADU shall be located on any single lot. No combination of ADU types listed in Section 4 shall result in more than one ADU on a lot. C.D. Relationship to Principal Dwelling. An ADU shall be clearly subordinate to the principal dwelling in size, use, and character. An ADU shall not be constructed on a lot that does not contain a lawfully established principal single-family dwelling, except that a building permit for an ADU may be applied for concurrently with a building permit for construction of a new principal dwelling on the same lot, provided both permits are issued before either structure is occupied. D.E. Exclusion of Certain Unit Types. The following dwelling arrangements are not ADUs for the purposes of this Ordinance and are governed by other applicable provisions of Chapter 13 of the City Code: boarder or roomer accommodations, bed-and-breakfast establishments, and any other dwelling type expressly regulated elsewhere in the City Code. E.F. Types of ADUs Authorized. The following types of ADUs are authorized under this Ordinance. 1. Internal ADU. An internal ADU is an ADU created entirely within the existing or expanded footprint of the principal dwelling. Internal ADUs include, but are not limited to: a) Basement conversions, where an existing unfinished or finished basement is converted to create a separate living unit. b) Attic conversions, where an existing attic space is finished and converted to create a separate living unit. c) Interior conversions, where a portion of the existing above-grade living space of the principal dwelling is separated and converted into a self- contained unit. d) Additions that expand the footprint or building envelope of the principal dwelling for the purpose of creating an internal ADU, provided the addition is physically integrated with and structurally part of the principal dwelling. Page 5 of 14 2. Attached ADU. An attached ADU is an ADU created by an addition to the principal dwelling that shares at least one common wall, floor, or ceiling with the principal dwelling and is structurally part of the same building. An attached ADU has its own separate entrance that may be located on any facade of the combined structure. 3. Garage ADU. A garage ADU is an ADU located within, above, or as part of a private garage structure on the same lot as the principal dwelling. Authorized garage ADU configurations include: a) Conversion of habitable space within an existing attached or detached garage. b) Construction of habitable space above an existing or new attached or detached garage. c) Construction of a new attached or detached garage structure that includes integrated ADU space above or within the garage footprint, provided the garage component retains space adequate for at least one (1) vehicle. 1. The ADU component of a garage structure shall be clearly accessory to and integrated with the garage use. 4. Detached ADU. A detached ADU is a small, habitable accessory building located on the same lot as a principal dwelling unit. Detached ADUs are not contained in or attached to the principal dwelling. F.G. DEVELOPMENT STANDARDS. All ADUs authorized under this Ordinance shall comply with the following development standards. Where a conflict exists between this Ordinance and another provision of Chapter 13 of the City Code, the more specific provision of this Ordinance shall control with respect to ADUs. 1. Minimum Lot Size. An ADU shall be located on a lot that meets the minimum lot area and minimum lot width requirements applicable to the zoning district in which the lot is located. An internal or attached ADU may be created on a lot that is lawfully nonconforming as to lot area or lot width, provided that the creation of the ADU does not increase the degree of nonconformity with respect to any dimensional standard. 2. ADU Floor Area. The living area of an ADU shall comply with all of the following standards: a) Minimum Floor Area. An ADU shall have a minimum living area of three hundred (300) square feet, provided all applicable building code requirements for habitable space are satisfied. Page 6 of 14 b) Maximum Floor Area. The living area of an ADU shall not exceed the lesser of: i. Eight hundred (800) square feet of living area; or ii. Fifty percent (50%) of the gross floor area of the principal dwelling. iii. Exception for Small Principal Dwellings. Where the gross floor area of the principal dwelling is less than eight hundred (800) square feet, the maximum living area of the ADU shall be the gross floor area of the principal dwelling, provided all applicable setback, lot coverage, and other dimensional standards are met. 3. Setbacks. All ADUs shall comply with the following setback requirements: ADU Type Front Setback Side Setback (Interior) Side Setback (Corner) Rear Setback Internal ADU Same as principal dwelling Same as principal dwelling Same as principal dwelling Same as principal dwelling Attached ADU Same as principal dwelling Same as principal dwelling Same as principal dwelling Same as accessory structure principal dwelling Garage ADU (attached garage) Same as principal dwelling accessory structure Same as principal dwelling accessory structure Same as principal dwelling accessory structure Same as principal dwelling accessory structure Garage ADU (detached garage, ADU above) Same as accessory structure See Section 1325.01 Accessory Structures Same as accessory structure Same as accessory structure Detached ADU (habitable accessory building) Same as accessory structure See Section 1325.01 Accessory Structures Same as accessory structure Same as accessory structure Notwithstanding the table above, where an existing nonconforming accessory structure is converted to a garage ADU, the height may be increased subject to the height limitations of this code, and no additional setback nonconformity shall be created as a result of the conversion, provided the structure's footprint is not expanded. Detached ADUs must be separated from the principal building by a minimum distance of 15 feet. Page 7 of 14 4. Height. The height of an ADU shall not exceed the height of the principal dwelling or twenty-five (25) feet thirty-five (35) feet, whichever is less. Height shall be measured consistent with the height measurement methodology established in Chapter 13 of the City Code. For a garage ADU located above a detached garage, the maximum structure height, including the garage and the ADU above, shall not exceed the height of the principal dwelling or twenty-five (25) feet thirty-five (35) feet, whichever is less. 5. Lot Coverage. The combined lot coverage of the principal dwelling, all accessory structures, and the ADU shall not exceed the maximum lot coverage permitted in the applicable residential zoning district under Chapter 13 of the City Code. Lot coverage shall be calculated as the percentage of the total lot area covered by all structures having a roof, as defined in Chapter 13. 6. Impervious Surface. Impervious surface coverage, including the ADU structure and any associated driveway, parking area, or hard surface area, shall not exceed the maximum impervious surface coverage permitted in the applicable zoning district or by any applicable watershed district, county, or state requirement. No additional impervious surface shall be created solely to serve the ADU unless the total impervious surface remains within the applicable maximum. 7. Parking. One (1) off-street parking space shall be provided on the lot for the ADU and all off-street parking requirements for the principal dwelling must continue to be met. The parking space required for the ADU shall be located on the subject lot. The parking space shall be of adequate size and surface material as required by Chapter 13. No separate curb cut or driveway access from a public street shall be created solely to serve the ADU if the lot already has an existing driveway and curb cut. An existing driveway may be widened or extended to accommodate the ADU parking space, provided all applicable driveway and impervious surface standards are met. 8. Architectural Compatibility and Design. An ADU shall be architecturally compatible with the principal dwelling on the same lot and with the prevailing character of surrounding residential structures. The following design standards apply: a. Exterior Materials. The exterior wall and roof materials of an ADU, or of any addition or accessory structure constructed to house an ADU, shall match or be substantially similar to the exterior materials of the principal dwelling. Page 8 of 14 Dissimilar materials that are of equal or superior quality may be approved by the Zoning Administrator upon a finding that the materials are compatible with the character of the neighborhood. b. Roof Form. The roof pitch and form of an attached ADU or garage ADU addition shall be compatible with the roof form of the principal dwelling. c. Windows and Fenestration. Windows on an ADU shall be compatible in style and proportion with those of the principal dwelling. d. Exterior Stairways. Exterior stairways are not permitted. e. No Separate Design Standards. The City shall not impose separate architectural design standards or design review requirements on ADUs beyond those set forth in this section and those generally applicable to residential structures in the zoning district. 9. Entrance Placement a. An ADU shall have at least one entrance that is separate from the entrance(s) to the principal dwelling. b. The separate entrance to the ADU shall not be required to face the public street. The separate entrance may be located on any facade of the structure, including the side or rear, subject to compliance with applicable building code egress requirements. c. No additional entrance facing the public street shall be added to the principal dwelling solely for the purpose of providing access to the ADU, if such entrance would not have been permitted on the principal dwelling in the absence of the ADU. 10. Landscaping and Screening. The City shall not impose landscaping or screening requirements on an ADU beyond those generally applicable to the principal dwelling and other accessory structures in the zoning district. Landscaping disturbed during construction of an ADU or related addition shall be restored to substantially the pre-construction condition upon completion of construction. G. UTILITY CONNECTIONS AND METERING 1. Utility Connection Through the Principal Dwelling. All water and wastewater utilities serving an ADU shall be connected through or from the utility service connections already established for the principal dwelling on the same lot. No Separate water and wastewater connections serving ADUs are prohibited., 2. Adequacy of Existing Connections. Prior to issuance of a building permit for an ADU, the applicant shall demonstrate to the satisfaction of the Zoning Administrator that the existing water and wastewater utility service connections for Page 9 of 14 the principal dwelling are of adequate capacity to serve both the principal dwelling and the ADU. Where existing connections are inadequate, the applicant shall upgrade the connections at the applicant's expense to the point of connection at the public main or right-of-way before the ADU building permit may be issued. 3. Separate Utility Meters Required. Notwithstanding the requirement in Section G.1 that water and wastewater utilities be connected through the principal dwelling's existing service connections, separate utility meters /submeters shall be installed in accordance with the requirements of the applicable utility provider and the Minnesota State Building Code. The location and configuration of separate meters shall be subject to approval by the applicable utility provider. Nothing in this Ordinance shall be construed to override the requirements of any utility provider with respect to meter installation, safety, or service. H. OWNER-OCCUPANCY USE LIMITATIONS 1. In R-1, R-2, and R-3 districts, at least one owner of the existing principal dwelling shall occupy the existing principal dwelling or the accessory dwelling unit as the owner’s primary residence. For purposes of this section, primary residence shall mean a residence that is the usual place of return for housing as documented by at least two of the following: motor vehicle registration, driver’s license, Minnesota state identification card, voter registration, tax documents, or utility bill. A person can have only one primary residence. I. COVENANT OF OWNER-OCCUPANCY 1. Before issuance of a permit to establish an ADU, the owner(s) of the subject lot shall file with the Ramsey County recorder or registrar of titles office a covenant of owner-occupancy stating that the owner(s) agree to restrict the use of primary residence and ADU in compliance with this section and notify all prospective purchasers of these requirements. 2. The covenant runs with the land, is binding upon the owner(s), their heirs and assigns, and upon any parties subsequently acquiring any right, title, or interest in the property. The affidavit and deed restriction must be in a form prescribed by the City Attorney that includes the legal description of the lot . 3. At the request of an owner(s) and upon an inspection finding that an ADU has been removed from the owner's property, the zoning administrator shall record a release of any previously recorded covenant of owner(s) for that accessory dwelling unit. J. PROHIBITION ON SEPARATE SALE OR SUBDIVISION 1. An ADU authorized under this Ordinance shall not be sold, conveyed, transferred, or otherwise disposed of as a unit separate from the principal dwelling. An ADU shall not be subdivided or platted as a separate lot or tax parcel. An ADU shall not be registered or conveyed as a condominium unit independent of the principal dwelling. Page 10 of 14 2. This prohibition shall be memorialized in the deed restriction required under Section I and shall run with the land. K. BUILDING CODE AND LIFE SAFETY 1. State Building Code Compliance. All ADUs shall comply with the applicable provisions of the Minnesota State Building Code (Minnesota Rules, Chapter 1300 et seq.) and all amendments thereto, as adopted and enforced by the City of Arden Hills. All applicable building permit(s) shall be obtained for all ADU construction, conversion, or alteration work prior to commencement of such work. 2. Habitable Space Standards. The living area of an ADU shall comply with the requirements of the Minnesota State Building Code and applicable residential building code standards for habitable rooms, including minimum room dimensions, ceiling heights, light, ventilation, and sanitation. The City shall allow reasonable flexibility in applying ceiling height and stairway standards to conversions of existing basement, attic, or garage space, consistent with the Minnesota State Building Code, in order to facilitate ADU creation in existing structures. 3. Conversion of Existing Nonhabitable Space. An existing nonhabitable space that is lawfully permitted as a nonhabitable use (such as a basement, attic, or garage) may be converted to habitable use for an ADU without being required to meet current structural standards applicable to new construction, to the extent permitted under the Minnesota State Building Code, provided: a. The existing structure was lawfully constructed under the building code in effect at the time of its construction; b. The conversion complies with all current life-safety requirements, including egress, fire separation, smoke and carbon monoxide detection, and electrical safety; and c. The structure does not pose a present threat to the health or safety of occupants. The Building Official shall have authority to apply building code standards in a manner that facilitates conversion of existing space to ADU use while ensuring compliance with current life-safety requirements. 4. Fire Separation. Where the ADU is located within the same building as the principal dwelling, fire separation between the ADU and the principal dwelling shall be provided as required by the Minnesota State Building Code for the applicable occupancy classification and construction type. Page 11 of 14 5. Emergency Vehicle Access. The location and configuration of an ADU shall not obstruct fire or emergency vehicle access to the principal dwelling or to the ADU itself. An ADU application may be denied where the Zoning Administrator, in consultation with the City's fire official, determines that emergency vehicle access to the site would be materially impaired. L. APPLICATION AND REVIEW PROCEDURES 1. Required Applications and Approvals. The creation of an ADU requires the following approvals, which shall be applied for and obtained in the sequence described below: a. Site Plan Review. Prior to issuance of a building permit, the applicant shall submit a completed Site Plan Review application to the Zoning Administrator. The Zoning Administrator shall review the application for compliance with this Ordinance and Chapter 13 of the City Code. The Zoning Administrator shall approve or deny the site plan application within sixty (60) calendar days of receipt of a complete application. b. Building Permit. Following approval of the site plan, the applicant shall obtain a building permit from the City's building official. The building permit shall not be issued until the site plan has been approved. The building official shall review the building permit application for compliance with the Minnesota State Building Code and applicable life-safety codes. c. Rental Registration. If the ADU or the principal dwelling will be occupied by tenants, the property owner shall obtain a rental registration in accordance with applicable City Code provisions before a certificate of occupancy is issued. d. Administrative Review — No Public Hearing Required. The Zoning Administrator shall review and act on ADU site plan applications as a ministerial, administrative matter. No public notice, public hearing, conditional use permit, special use permit, or variance from the standards of this Ordinance shall be required for an ADU that complies with all requirements of this Ordinance. Neighbor notification shall not be required as a condition of ADU approval under this Ordinance. 2. Application Contents. A complete application shall include: a. A completed City application form signed by the property owner; b. A current certificate of survey or site plan drawn to scale showing: the lot boundaries and dimensions; the location, footprint, and dimensions of all existing structures; the proposed location, footprint, and dimensions of the ADU or the addition creating the ADU; all required setbacks; proposed parking spaces for both the principal dwelling and the ADU; and impervious surface calculations; Page 12 of 14 c. Preliminary floor plans for the ADU showing proposed room layout, dimensions, entrances, egress windows or doors, and utility meter locations; d. Exterior elevation drawings showing the proposed appearance of any addition, new construction, or exterior alteration associated with the ADU; e. Documentation of existing utility service connections and a description of proposed utility connections and metering as required by Section 6 of this Ordinance; and f. Proof of current property ownership in the form of a recorded deed or equivalent Ramsey County record. 3. Appeal. An applicant who is aggrieved by a denial of an ADU site plan application by the Zoning Administrator may appeal the decision to the Board of Adjustment and Appeals (or equivalent body established by the City of Arden Hills), in accordance with the appeal procedures set forth in Chapter 13 of the City Code. The appeal shall be limited to a determination of whether the Zoning Administrator's decision complies with the standards of this Ordinance and applicable provisions of Chapter 13. M. FEES. 1. The City Council shall establish, and may from time to time amend, a schedule of fees applicable to ADU zoning certificate applications, building permit applications, and rental license applications. Fees shall be established in the City's adopted fee schedule and shall reflect the reasonable costs of processing, review, and administration. 2. The City shall not impose connection fees, capacity charges, or system access charges for utilities on an ADU as if it were a new, independent residential use, where the ADU is connected through the existing utility service connections of the principal dwelling as required by Section 6 of this Ordinance. Utility providers may impose service or meter installation fees as required by their applicable tariffs or rate schedules, independent of the City's zoning and permitting fees. 3. The City Council may, by resolution, waive or reduce ADU application fees as an incentive to encourage the construction of ADUs that meet affordability, accessibility, or sustainability goals identified in the City's Comprehensive Plan or Housing Plan. N. PROHIBITED USES AND INAPPLICABLE RESTRICTIONS 1. Restrictions Not Applicable to ADUs. The following restrictions, which may apply to other types of uses or structures, shall not be imposed on ADUs authorized under this Ordinance: Page 13 of 14 a. Restrictions based on the age of the principal dwelling; b. Restrictions on the number, age, relationship, or physical condition of persons who may reside in the ADU; c. Annual renewal or monitoring requirements for the ADU permit; d. Requirements for conditional use permit or special exception review for ADUs that comply with the objective standards of this Ordinance; and e. Density limitations that would otherwise prohibit an ADU on a lot that meets the minimum standards of this Ordinance. O. NONCONFORMITIES AND EXISTING ADUS 1. Previously Unpermitted ADUs. Authority to Continue. Any nonconformity that existed on the effective date of the Arden Hills Zoning Code or any situation that becomes nonconforming upon adoption of any amendment to this Code may be continued in accordance with the regulations of this article unless otherwise expressly stated. Nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit has been issued and the construction of which has begun prior to the effective date of this Code or any amendment hereto. 2. Determination of Status. For any ADU constructed prior to the adoption of Arden Hills Zoning Code and/or for which there is no recorded building permit as required by the State Building Code, it is the burden of the property owner to establish the existing ADU on the property . The zoning administrator is authorized to determine whether adequate proof of existing status has been provided by the subject owner. 3. Certificate of Occupancy. Upon request of the owner, the City may issue a Certificate of Occupancy for an existing ADU, subject to review and inspection of the property by the Building Official. Application for a Certificate of Occupancy shall be made with an application for a building permit in accordance with Section 1365 and including detailing the nature of the completed work. 4. The owner may appeal the zoning administrator’s decision on an existing ADU status determination in accordance with the appeal procedures of Section 1355.07. P. ENFORCEMENT Page 14 of 14 1. Any person violating any provision of this ordinance shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both, plus, in either case, the costs of prosecution. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. In addition to criminal prosecution, the City may seek civil enforcement through an action in Ramsey County District Court for injunctive relief, abatement, or other appropriate civil remedy. 2. The City shall investigate complaints regarding violations of this section. Code enforcement shall not rely solely on complaints but shall also include periodic administrative review of properties for which ADU permits have been issued to verify continued compliance with the owner-occupancy requirement of Section 7. The owner shall provide documentation to the City to prove owner occupancy upon request. Failure to do so is a violation of this section. SECTION 54. EFFECTIVE DATE. 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 ____________, 20XX, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: _____________________________ Julie Hanson, City Clerk Page 1 of 1 AGENDA ITEM – 4B MEMORANDUM DATE: August 5, 2026 TO: Planning Commission Chair and Commissioners FROM: Jake Reilly, Community Development Director SUBJECT: PC 26-021 - Ordinance language Amending Chapter 11, Subdivisions (Informational) Requested Action No action is requested at this time. The Planning Commission should consider the drafts revising Chapter 11 – Subdivisions of the City of Arden Hills Code of Ordinances ordinance presented in Attachments A-E in preparation of the public hearing to be held on September 9, 2026. Background Staff and the consultant team have been working to provide informational materials addressing proposed changes to the City of Arden Hills Code of Ordinances related to signs, subdivisions, and Chapter 13 zoning regulations. The Planning Commission must hold a required public hearing for each proposed Ordinance. In order to have time to prepare for the public hearings, scheduled for September, staff is providing copies for review by the planning commission. Staff requests that comments and or questions be directed to staff in order to have sufficient time to address concerns or questions prior to the public hearing. The Planning Commission is asked to consider that the proposed amendments are part of an incremental approach to modernizing the existing code language and any changes that might be considered substantive beyond what is included in the drafts are not part of the scope of this project and will be collected to inform any future amendments. Attachments Attachment A - Section 1100 General Provisions – Redline Attachment B - Section 1100 General Provisions - Clean Attachment C - Section 1120 Minimum Subdivision Design Standards – Redline Attachment D - Section 1120 Minimum Subdivision Design Standards - Clean Attachment E - Section 1130 Required Improvements – Redline Attachment F - Section 1130 Required Improvements - Clean Attachment G - Section 1140 Park Dedication – Redline Attachment H - Section 1140 Park Dedication - Clean Attachment I - Section 1150 Procedures – Redline Attachment J - Section 1150 Procedures - Clean “Redline” version Chapter 11 Section 1110 Page 1 of 6 Chapter 11 Subdivision 1110. General Provisions 1110.01 Authority Subd. 1 Title. A. This Chapter shall be known as the “Subdivision Ordinance of the City of Arden Hills,” and will be referred to herein as “this Chapter.” Subd. 2 Purpose. A. In order that new subdivisions will contribute toward an accessible, orderly, and stable community environment; adequate municipal services; and safe streets, all subdivisions platted within the incorporated limits of the City following the adoption of this code shall in all respects fully comply with the regulations set forth in this chapter. In their interpretation and application, the provisions of this chapter are the minimum requirements adopted for the protection of the public health, safety, and general welfare. Subd. 3 Effective Date and Authority to Adopt. A. The effective date of this chapter is ______, 2025. This Chapter hereby supersedes and replaces in its entirety Chapter 11 Subdivisions, on the effective date hereof. B. The authority to adopt this Chapter within the City of Arden Hills is derived from Minnesota Statute, Chapter 462, including but not limited to § 462.358, as well as other applicable state statutes and rules. C. Whenever other applicable city, state, or federal laws or rules referenced in this Chapter have been amended or superseded, this Chapter shall also be considered amended accordingly. 1110.02 Applicability Subd. 0 The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the City of Arden Hills. Subd. 1 The provisions of this chapter do not apply to the following land separations: A. Except in the case of a re-subdivision, this Chapter does not apply to any lot or lots forming a part of subdivision plats recorded in the office of the register of deeds or registrar of titles prior to March 27, 1967; B. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size and at least 500 feet in width for commercial and industrial uses; C.Creating cemetery lots; or D. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. E. Resulting from acquisition by governmental agencies for public improvements or uses. Subd. 2 In any case where the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development does not meet the definition of subdivision as defined by this chapter, a description of such land division shall be filed with the Zoning Administrator who will determine whether the division meets the requirements of Chapter 1 30 Zoning and this chapter. No building permit for such lots or parcels will be issued until the description has been filed with the City. Subd. 3 Effect of Provisions on Other Permits and Agreements. A. No building permit shall be issued for the construction of any building, structure, or improvement on any land required to be subdivided by this chapter until all requirements of this chapter have been fully met. “Redline” version Chapter 11 Section 1110 Page 2 of 6 1110.03 Administration Subd. 0 This Chapter shall be administered by the Zoning Administrator. Subd. 1 The Zoning Administrator may delegate specific responsibility to any individual city employee and shall remain responsible for all decisions made by those employees. 1110.04 Interpretation Subd. 0 Relationship to the Comprehensive Plan. A. The Comprehensive Plan for the City of Arden Hills, including amendments adopted by the City Council, is the guiding policy document for the city. The primary intent of this Chapter is to implement the goals and objectives of the Comprehensive Plan while remaining consistent with all applicable requirements of federal and state laws. Subd. 1 Conflicting Regulations or Provisions. A. In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, and general welfare. B. In the event of a conflict or inconsistency between the provisions contained in this chapter and state statutes or rules, state statutes and rules shall govern, unless such state statutes or rules provide otherwise. C. Where the provisions of this chapter conflict with those of any statute, other ordinance, code provision, or regulation, the most restrictive provision applies. Subd. 2 Use of Graphics, Illustrations, Figures, Photos, and Cross-References. A. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Graphics, illustrations, figures, and photos are not to scale and do not replace, limit, or expand the meaning of the text. Where a conflict occurs between the text and any graphic, illustration, figure, or photo, the text shall control. B. In some instances, cross-references between chapters, sections, divisions, and subdivisions are provided that include the chapter, section, division, and subdivision number along with the name of the reference. Where a conflict occurs between the given cross-reference number and name, the name shall control. 1110.05 Definitions Subd. 1 For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. 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. Block. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad right-of-wayother barrier or unsubdivided acreage. City Engineer. The City Engineer of the City of Arden Hills. 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 The Arden Hills Comprehensive Plan adopted by the City Council. “Redline” version Chapter 11 Section 1110 Page 3 of 6 Development Agreement. A written contract between city and applicant, drafted by the City Attorney in conjunction with the approval by the City. Easement. A right granted by an owner of land for the specific use of the land by the public generally, or to a person or persons afforded a person or governmental/public unit to use another's real property for a specific purpose. Final Plat. The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the county register of deeds or registrar of titles. Improvement. Any drainage ditch, street, parkway, sidewalk, trail, pedestrian way, landscaping, lighting, off-street parking area, grading, utility, lot improvement, or other similar facility. Lot. A parcel of land in a subdivision, or plat of land, distinguished from other parcels by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot, Butt. A lot at the end of a block and located between two (2) corner lots. Lot, Panhandle or Flag. A lot with street access provided to the bulk of the lot by means of a corridor of lesser width A lot that does not provide the full required frontage on a public right-of-way, butright-of-way but rather is served by a narrow "neck" of land that extends to the street. Lot, Remnant. A lot that is below minimum size as established in the City Zoning Code in effect at the time of the subdivision creating it. Lot, Through. An interior lot having frontage on two streets. Also referred to as a Double Frontage Lot. 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 A line of record bounding a lot which divides one lot from another lot or from a roadway right-of-way or any other public space. 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, or as designated by t. The Zoning Administrator may designate the front lot line based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration and consideration of the characteristics of surrounding properties. 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. “Redline” version Chapter 11 Section 1110 Page 4 of 6 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. In no case shall a portion of an original platted lot constitute a lot of record. Metes and Bounds Description. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. Minimum Subdivision Design Standards. The guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. Outlot. A parcel or remnant of land described by reference in a plat as a lettered outlot which is intended for open space, recreation, right-of-way, utilities, essential services, drainage, or to hold for future platting in order to facilitate development. No habitable structure shall be constructed on an outlot. Owner. Any individual, firm, association, syndicate, cooperative, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Planning Commission. The person or persons designated by the City Council to advise it on planning mattersThe planning commission of the City of Arden Hills. Preliminary Plant. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the City Council for its consideration. Private Improvement. Any improvement for which the city does not assume ownership or the responsibility for maintenance and operation, but which instead is owned, maintained and operated by a private property owner or group of private property owners. Protective Covenants. Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of the property owners. Public Improvement. Any improvement for which the city, county, state, or federal government may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which government responsibility is established. Public Works Design Manual. A manual adopted by the City Council that details the requirements for public street and utility construction within the City as may be amended from time to time. Right-of-Way. Land acquired by reservation or dedication A strip of land intended for public use and intended to be occupied or is occupied by a street, a sidewalk,/ trail, a railroad, utility lines, an oil or gas pipeline, a water line, a sanitary sewer, a storm sewer, or other similar uses or facilities. Roadway. The entirety of a private street and that portion of a public streetright of way 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, including the shoulder. “Redline” version Chapter 11 Section 1110 Page 5 of 6 Setback Line, Building. A required open space on a lot, which space is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter and other City ordinances. Sidewalk. A hard surfaced public or private way, designed for and used primarily for pedestrian traffic. Streets. A public right-of-way which affords primary means of access to abutting propertyoccupied by a roadway or in which a future roadway will be constructed, and also includes an avenue, boulevard, highway, road, or way, or however otherwise designated. The City uses the following street classifications: Collector. Refers to aA State Aid street that provides access to the residences, institutions and businesses on that street, providing a route through the neighborhood or business district for residents of other neighborhoods. Cul-de-sac. A street with a circular turn-a-round and only one outlet. Local. A street that provides access to residences of that street and provides a route through the neighborhood for residences on other streets. A large proportion of trips have neither an origin nor a destination on that street. Major Arterial. A divided highway with four or more lanes that serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires. 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. Minor Arterial. A street system which interconnects with and augments the urban major arterial system and provides 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. City Residential. A Non-State Aid street that primarily serves adjoining residences with little or no through traffic. Almost all trips have either an origin or a destination on that street. Street Width. The shortest distance between the lines delineating the right-of-way of a street. Subdivider. Any person commencing proceedings to effect a subdivision of land hereunder for themself or for another. Subdivision. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof. The term "Subdivision" includes re-subdivision and, when appropriate to the context, shall apply to the process of subdividing or to the land subdivided. The acquisition of land by any means for purposes of erecting or installing utility lines, including underground gas lines, overhead power lines, transmitting towers, or similar utility sites, or easements shall be considered a subdivision when such utilities are designed to serve more than one lot. Zoning Administrator. The Zoning Administrator of the City of Arden Hills. “Redline” version Chapter 11 Section 1110 Page 6 of 6 Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels. “Clean” version ATTACHMENT A Chapter 11 Section 1110 Page 1 of 5 Chapter 11 Subdivision 1110. General Provisions 1110.01 Authority Subd. 1 Title. A. This Chapter shall be known as the “Subdivision Ordinance of the City of Arden Hills,” and will be referred to herein as “this Chapter.” Subd. 2 Purpose. A. In order that new subdivisions will contribute toward an accessible, orderly, and stable community environment; adequate municipal services; and safe streets, all subdivisions platted within the incorporated limits of the City following the adoption of this code shall in all respects fully comply with the regulations set forth in this chapter. In their interpretation and application, the provisions of this chapter are the minimum requirements adopted for the protection of the public health, safety, and general welfare. Subd. 3 Effective Date and Authority to Adopt. A. The effective date of this chapter is ______, 2025. B. The authority to adopt this Chapter within the City of Arden Hills is derived from Minnesota Statute, Chapter 462, including but not limited to § 462.358, as well as other applicable state statutes and rules. C. Whenever other applicable city, state, or federal laws or rules referenced in this Chapter have been amended or superseded, this Chapter shall also be considered amended accordingly. 1110.02 Applicability Subd. 0 The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the City of Arden Hills. Subd. 1 The provisions of this chapter do not apply to the following land separations: A. Except in the case of a re-subdivision, this Chapter does not apply to any lot or lots forming a part of subdivision plats recorded in the office of the register of deeds or registrar of titles prior to March 27, 1967; B. Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size and at least 500 feet in width for commercial and industrial uses; C.Creating cemetery lots; or D. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. E. Resulting from acquisition by governmental agencies for public improvements or uses. Subd. 2 In any case where the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development does not meet the definition of subdivision as defined by this chapter, a description of such land division shall be filed with the Zoning Administrator who will determine whether the division meets the requirements of Chapter 13 Zoning and this chapter. No building permit for such lots or parcels will be issued until the description has been filed with the City. Subd. 3 Effect of Provisions on Other Permits and Agreements. A. No building permit shall be issued for the construction of any building, structure, or improvement on any land required to be subdivided by this chapter until all requirements of this chapter have been fully met. “Clean” version Chapter 11 Section 1110 Page 2 of 5 1110.03 Administration Subd. 0 This Chapter shall be administered by the Zoning Administrator. Subd. 1 The Zoning Administrator may delegate specific responsibility to any individual city employee and shall remain responsible for all decisions made by those employees. 1110.04 Interpretation Subd. 0 Relationship to the Comprehensive Plan. A. The Comprehensive Plan for the City of Arden Hills, including amendments adopted by the City Council, is the guiding policy document for the city. The primary intent of this Chapter is to implement the goals and objectives of the Comprehensive Plan while remaining consistent with all applicable requirements of federal and state laws. Subd. 1 Conflicting Regulations or Provisions. A. In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, and general welfare. B. In the event of a conflict or inconsistency between the provisions contained in this chapter and state statutes or rules, state statutes and rules shall govern, unless such state statutes or rules provide otherwise. C. Where the provisions of this chapter conflict with those of any statute, other ordinance, code provision, or regulation, the most restrictive provision applies. Subd. 2 Use of Graphics, Illustrations, Figures, Photos, and Cross-References. A. Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Graphics, illustrations, figures, and photos are not to scale and do not replace, limit, or expand the meaning of the text. Where a conflict occurs between the text and any graphic, illustration, figure, or photo, the text shall control. B. In some instances, cross-references between chapters, sections, divisions, and subdivisions are provided that include the chapter, section, division, and subdivision number along with the name of the reference. Where a conflict occurs between the given cross-reference number and name, the name shall control. 1110.05 Definitions Subd. 1 For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. 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. Block. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or other barrier or unsubdivided acreage. City Engineer. The City Engineer of the City of Arden Hills. Comprehensive Plan. The Arden Hills Comprehensive Plan adopted by the City Council. Development Agreement. A written contract between city and applicant, drafted by the City Attorney in conjunction with the approval by the City. Easement. A right afforded a person or governmental/public unit to use another's real property for a specific purpose. “Clean” version Chapter 11 Section 1110 Page 3 of 5 Final Plat. The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the county register of deeds or registrar of titles. Improvement. Any drainage ditch, street, parkway, sidewalk, trail, pedestrian way, landscaping, lighting, off-street parking area, grading, utility, lot improvement, or other similar facility. Lot. A parcel of land in a subdivision, or plat of land, distinguished from other parcels by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot, Butt. A lot at the end of a block and located between two (2) corner lots. Lot, Panhandle or Flag. A lot that does not provide the full required frontage on a public right-of-way but rather is served by a narrow "neck" of land that extends to the street. Lot, Remnant. A lot that is below minimum size as established in the City Zoning Code in effect at the time of the subdivision creating it. Lot, Through. An interior lot having frontage on two streets. Also referred to as a Double Frontage Lot. Lot Line. A line of record bounding a lot which divides one lot from another lot or from a roadway right-of- way or any other public space. Lot Line, Front: The boundary of a lot abutting a street. On a corner lot, the shortest lot line shall be the front lot line, or as designated by the Zoning Administrator. 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 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. In no case shall a portion of an original platted lot constitute a lot of record. Metes and Bounds Description. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. Outlot. A parcel or remnant of land described by reference in a plat as a lettered outlot which is intended for open space, recreation, right-of-way, utilities, essential services, drainage, or to hold for future platting in order to facilitate development. “Clean” version Chapter 11 Section 1110 Page 4 of 5 Owner. Any individual, firm, association, syndicate, cooperative, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Planning Commission. The planning commission of the City of Arden Hills. Preliminary Plat. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the City Council for its consideration. Private Improvement. Any improvement for which the city does not assume ownership or the responsibility for maintenance and operation, but which instead is owned, maintained and operated by a private property owner or group of private property owners. Public Improvement. Any improvement for which the city, county, state, or federal government may ultimately assume the ownership and responsibility for maintenance and operation, or which may affect an improvement for which government responsibility is established. Public Works Design Manual. A manual adopted by the City Council that details the requirements for public street and utility construction within the City as may be amended from time to time. Right-of-Way. A strip of land intended for public use and intended to be occupied or is occupied by a street, a sidewalk, trail, a water line, a sanitary sewer, a storm sewer, or other similar uses or facilities. Roadway. The entirety of a right of way 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, including the shoulder. Sidewalk. A hard surfaced public or private way, designed for and used primarily for pedestrian traffic. Streets. A public right-of-way occupied by a roadway or in which a future roadway will be constructed, and also includes an avenue, boulevard, highway, road, or way, or however otherwise designated. The City uses the following street classifications: Collector. A State Aid street that provides access to the residences, institutions and businesses on that street, providing a route through the neighborhood or business district for residents of other neighborhoods. Cul-de-sac. A street with a circular turn-a-round and only one outlet. Local. A street that provides access to residences of that street and provides a route through the neighborhood for residences on other streets. A large proportion of trips have neither an origin nor a destination on that street. Major Arterial. A divided highway with four or more lanes that serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires. 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. “Clean” version Chapter 11 Section 1110 Page 5 of 5 Minor Arterial. A street system which interconnects with and augments the urban major arterial system and provides 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. City Residential. A Non-State Aid street that primarily serves adjoining residences with little or no through traffic. Almost all trips have either an origin or a destination on that street. Street Width. The shortest distance between the lines delineating the right-of-way of a street. Subdivider. Any person commencing proceedings to effect a subdivision of land hereunder for themself or for another. Subdivision. The separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof. The term "Subdivision" includes re-subdivision and, when appropriate to the context, shall apply to the process of subdividing or to the land subdivided. The acquisition of land by any means for purposes of erecting or installing utility lines, including underground gas lines, overhead power lines, transmitting towers, or similar utility sites, or easements shall be considered a subdivision when such utilities are designed to serve more than one lot. Zoning Administrator. The Zoning Administrator of the City of Arden Hills. Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels. “Redline” version ATTACHMENT A Chapter 11 Section 1120 Page 1 of 5 Chapter 11 Subdivision 1120. Minimum Subdivision Design Standards 1120.01 General Design Standards Subd. 1 Conformity with Other Standards. A. The proposed subdivision shall conform to the Comprehensive Plan, related policies adopted by the City, this Chapter, and to all other Chapters of the official Arden Hills City Code and Zoning Ordinance of the City. Subd. 2 Arden Hills Public Works Design Manual. A. All platted subdivisions within the incorporated limits of the city shall be developed in conformance with the Arden Hills Public Works Design Manual, unless a waiver is granted by the City Council. B. The Public Works Design Manual may be amended from time to time by the City Council. In cases where there is a conflict between the Public Works Design Manual and this chapter, the Public Works Design Manual shall supersede. Subd. 3 Interpretation of Requirements. A. The design features set forth in this section 1120 are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets, and overall design as deemed appropriate considering the property being subdivided. Subd. 4 Land Requirements. A. No land shall be developed which is held unsuitable for such use due to steep slopes, flooding, inadequate drainage, wetlands, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the community. Such property shall not be subdivided until all hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. B. Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously. 1120.02 Blocks Subd. 1 Block Length. “Redline” version Chapter 11 Section 1120 Page 2 of 5 A. The length, width, and acreage of blocks within bounding roads shall be sufficient to accommodate the size of lots required for the area by the zoning ordinance and to provide for accessibility, circulation control, and safety of street traffic. B. The maximum length of blocks shall be 1,000 feet and the minimum block length shall be 500 feet, except where topography or other conditions justify a departure from this standard. C. In blocks longer than 1,000 feet, pedestrian ways and/or easements through the block may be required near the center of the block. Subd. 2 Block Width. A. A block shall be so designed as to provide two tiers of lots, unless it adjoins a barrier, including a railroad, limited access highway, lake, or backs on other subdivisions where it may have but a single tier of lots. B. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 1120.03 Lots Subd. 1 Area/Width. The minimum lot dimensions in subdivisions shall not be less than that established in the City Zoning OrdinanceCode in effect at the time of adoption of the subdivision. Subd. 2 Corner Lots. Corner lots for residential uses shall have additional width to permit appropriate building setbacks from both streets as required in Chapter 13the Zoning Code. Subd. 3 Frontage. All proposed lots shall have frontage on a publicly dedicatedpublic street. The frontage width shall be the lot width required by the applicable zoning district in the Zoning Code. Subd. 4 Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the street line. Subd. 5 Butt Lots. Butt lots shall be platted at least five feet wider than the average width of interior lots in the block. Subd. 6 Through Lots. A. No parcellot shall have streets abutting both the front and rear lot lines, except when necessary, due to topographical or other physical conditions. B. An alley is not considered a public street for the purposes of this section. C. Through lots shall meet the dimensional requirements established in the Zoning OrdinanceCode. D. The primary access to a through lot shall be provided via the street with the least traffic volume, unless the City Engineer determines that due to property’s use or safety the access shall be provided on the other street. “Redline” version Chapter 11 Section 1120 Page 3 of 5 Subd. 7 Lot Remnants. All rRemnants of lots below minimum size left over after subdividing of a larger tract shall be prohibitedmust be added to adjacent lots, rather than be allowed to remain as unusable parcels. Subd. 8 Natural Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spotsareas, or similar conditions, which if preserved will add to the attractiveness of the proposed development. Subd. 9 Watercourses. A. Lots abutting upon a watercourse, drainage way, channel, or stream, including wetland or marsh, shall have an additional depth or width as required, to assure ensure housing sitesbuilding locations that arewill not subject to flooding. B. All building areaslocations should be located outside the watercourse and a minimum of two feet above the 100-year flood elevation. Subd. 10 Grading. Corner lot grading and street intersection grades shall be such that there shall be no blocking of vision at street intersections over three (3) feet in height above street pavement level within fifteen (15) feet of intersecting street right-of-way lines. Subd. 11 Drainage. Lots shall be graded so as to provide drainage away from building locations and directed down lot lines within the proposed drainage and utility easements, subject to the Public Works Design Manual, and approval of the City Engineer. Any lot drainage that is directed onto an adjacent lot with the same subdivision must be within a drainage and utility easement. Subd. 12 Political Boundaries. No subdivision shall extend over a political boundary or school district line without documentwritten notification to affected units of government. Subd. 13 Outlots. A. An outlot may be platted within a subdivision to delineate future development phases, commonly owned preserved as open spaces, or land to be dedicated to the public for park, drainage and utility, or other public purposeused for a designated use. B. The outlot shall be sized in a manner to accommodate its intended use. C. An outlot shall be platted into a lot and block prior to issuance of a building permit. No building permits shall be issued for an outlot except for City structures allowed as a recreational or utility component in an open space area or park. 1120.04 Streets Subd. 1 Streets designed to comply with City standards. In areas of the City where there are topographical or environmental conditions that limit the ability of the street to meet City standards, the street design may vary subject to the Public Works Design Manual and approval of the City Engineer. Subd. 2 Street Plan. A. The arrangement, character, extent, width, grade, and location of all proposed streets shall conform to the comprehensive plan and official map, cCity standards, and shall conform to county, and state plans and standards for highways and be offered for dedicationed on the plat as public streets unless otherwise determined by the City Council. B. All proposed streets shall be considered in relation to existing and planned streets, reasonable circulation of traffic, topographical conditions, runoff of storm water, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by the streets. 1. Local streets shouldshall be so planned as to discourage their use by non-local traffic. 2. Minimum design standards for collector streets shall comply with Minnesota Department of Transportation State Aid Standards. C. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. “Redline” version Chapter 11 Section 1120 Page 4 of 5 Subd. 3 Streets Widths. All right-of-way and roadway widths shall conform to the following minimum dimensions: Street Type Right-of-Way Width Roadway Width Major Arterial 100 Feet Determined on a case-by-case basis Minor Arterial 80 Feet Determined on a case-by-case basis Collector Street 70 Feet 32 Feet Minimum Residential Street 60 Feet 28 Feet Minimum Local Street 60 Feet 28 Feet Minimum Cul-de-sac 60 Feet 28 Feet Minimum Subd. 4 Private Streets. Private streets, except in the case of a townhouse development or a Planned Unit Development, shall be prohibited and no public improvements shall be approved for any private street. 1120.05 Alleys Subd. 1 Standards A. Alleys may be allowed and all alley rights-of-way and roadway widths must conform to the following minimum standards: Classification Right-of-Way Width Roadway Width Industrial or commercial 28 feet 20 feet Residential (two-way) 24 feet 16 feet Residential (one-way) 20 feet 12 feet B. The City Council may require alleys in non-residential areas where adequate off-street loading space is not available. 1120.06 Sidewalks and Trails Subd. 1 Sidewalks. A. Sidewalks may be required. The following criteria shall be used in determining if sidewalks are to be included in a development: 1. Sidewalks that connect to existing sidewalks within adjacent developed areas. 2. Sidewalks that connect neighborhoods to adjacent schools, parks and neighborhood commercial areas. 3. Sidewalks that connect neighborhoods to existing neighborhoods, within adjacent developed areas, and proposed trails as shown in the Comprehensive Plan. 4. Sidewalks that are located in residential areas with long blocks or many dwelling units on the street(s), or commercial or industrial areas. A.B. Sidewalks shall be designed and constructed to meet the requirements defined in the Public Works Design Manual. Subd. 2 Trails. A. Trails shall be designed and constructed to meet the requirements defined in the Public Works Design Manual. B. Trails shall be established in accordance with the City's Comprehensive Plan, other relevant plans adopted by the City, along natural features such as lakes, wetlands, and ditches, and in other areas where trails will serve an important transportation or recreational purpose as recommended and approved by the City Council. “Redline” version Chapter 11 Section 1120 Page 5 of 5 1120.07 Easements Subd. 1 Dedication. Easements shall be dedicated by appropriate language on the final plat in accordance with this section. Subd. 1Subd. 2 Width and Location. An easement for drainage and utilities at least 12 feet wide shall be provided around the perimeter of a subdivision, along front and rear lot lines, and centered along shared side lot lines. Easements of 20 feet or greater width or area may be required if necessary for the extension of main water or sewer lines, similar utilities, for drainage purposes, or to incorporate wetlands. Subd. 2Subd. 3 Continuous Utility Easement Locations. Drainage and utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. Subd. 3Subd. 4 Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys fall alongside lot lines. Subd. 4Subd. 5 Storm Water Management Ponds. Ponding easements shall be required for storm water ponding areas and shall be taken to two feet above the emergency overflow elevation or 100-year flood elevation if no emergency overflow elevation is provided. In addition, if the easement is not adjacent to a public right-of-way, adequate public access to the easement for maintenance purposes is required. Subd. 5Subd. 6 Provided for Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way shall be provided conforming substantially with the lines of the watercourse, together with any further width or construction or both, as shall be adequate to direct storm water runoff. Subd. 6Subd. 7 Sidewalk/ Trail Easements. Sidewalk/trail easements shall be provided in accordance with section 1120.03 or when deemed essential to provide circulation or access to parks, schools, playgrounds, shopping areas, transportation, or other community facilities. Subd. 7Subd. 8 Retaining Walls. The construction of any retaining walls within the public right-of-way or drainage and utility easements will need prior approval of the City Engineer. 1120.08 Stormwater Management Subd. 1 Stormwater management plans shall comply with Rice Creek Watershed District Rules Rule C: Stormwater Management Plans. “Clean” version ATTACHMENT B Chapter 11 Section 1120 Page 1 of 5 Chapter 11 Subdivision 1120. Minimum Subdivision Design Standards 1120.01 General Design Standards Subd. 1 Conformity with Other Standards. A. The proposed subdivision shall conform to the Comprehensive Plan, related policies adopted by the City, this Chapter, other Chapters of the official Arden Hills City Code. Subd. 2 Public Works Design Manual. A. All platted subdivisions within the incorporated limits of the city shall be developed in conformance with the Public Works Design Manual, unless a waiver is granted by the City Council. B. The Public Works Design Manual may be amended from time to time by the City Council. In cases where there is a conflict between the Public Works Design Manual and this chapter, the Public Works Design Manual shall supersede. Subd. 3 Interpretation of Requirements. A. The design features set forth in this section 1120 are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets, and overall design as deemed appropriate considering the property being subdivided. Subd. 4 Land Requirements. A. No land shall be developed which is held unsuitable for such use due to steep slopes, flooding, inadequate drainage, wetlands, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the community. Such property shall not be subdivided until all hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan. B. Proposed subdivisions shall be coordinated with surrounding jurisdictions and/or neighborhoods so that the city as a whole may develop efficiently and harmoniously. 1120.02 Blocks Subd. 1 Block Length. A. The length, width, and acreage of blocks within bounding roads shall be sufficient to accommodate the size of lots required for the area by the zoning ordinance and to provide for accessibility, circulation control, and safety of street traffic. B. The maximum length of blocks shall be 1,000 feet and the minimum block length shall be 500 feet, except where topography or other conditions justify a departure from this standard. C. In blocks longer than 1,000 feet, pedestrian ways and/or easements through “Clean” version Chapter 11 Section 1120 Page 2 of 5 the block may be required near the center of the block. Subd. 2 Block Width. A. A block shall be so designed as to provide two tiers of lots, unless it adjoins a barrier, including a railroad, limited access highway, lake, or backs on other subdivisions where it may have but a single tier of lots. B. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. 1120.03 Lots Subd. 1 Area/Width. The minimum lot dimensions in subdivisions shall not be less than that established in the Zoning Code. Subd. 2 Corner Lots. Corner lots for residential uses shall have additional width to permit appropriate building setbacks from both streets as required in the Zoning Code. Subd. 3 Frontage. All proposed lots shall have frontage on a public street. The frontage width shall be the lot width required by the applicable zoning district in the Zoning Code. Subd. 4 Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the street line. Subd. 5 Butt Lots. Butt lots shall be platted at least five feet wider than the average width of interior lots in the block. Subd. 6 Through Lots. A. No lot shall have streets abutting both the front and rear lot lines, except when necessary, due to topographical or other physical conditions. B. An alley is not considered a public street for the purposes of this section. C. Through lots shall meet the dimensional requirements established in the Zoning Code. D. The primary access to a through lot shall be provided via the street with the least traffic volume, unless the City Engineer determines that due to property’s use or safety the access shall be provided on the other street. Subd. 7 Lot Remnants. Remnants of lots below minimum size left over after subdividing of a larger tract shall be prohibited. Subd. 8 Natural Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic areas, or similar conditions, which if preserved will add to the attractiveness of the proposed development. Subd. 9 Watercourses. A. Lots abutting upon a watercourse, drainage way, channel, or stream, including wetland or marsh, shall have an additional depth or width to ensure building locations will not subject to flooding. B. All building locations should be located outside the watercourse and a minimum of two feet above the 100-year flood elevation. Subd. 10 Grading. Corner lot grading and street intersection grades shall be such that there shall be no blocking of vision at street intersections over three (3) feet in height above street pavement level within fifteen (15) feet of intersecting street right-of-way lines. Subd. 11 Drainage. Lots shall be graded so as to provide drainage away from building locations and directed down lot lines within the proposed drainage and utility easements, subject to the Public Works Design Manual, and approval of the City Engineer. Any lot drainage that is directed onto an adjacent lot with the same subdivision must be within a drainage and utility easement. Subd. 12 Political Boundaries. No subdivision shall extend over a political boundary or school district line without written notification to affected units of government. Subd. 13 Outlots. “Clean” version Chapter 11 Section 1120 Page 3 of 5 A. An outlot may be platted within a subdivision to delineate future development phases, preserved as open space, or used for a designated use. B. The outlot shall be sized in a manner to accommodate its intended use. C. An outlot shall be platted into a lot and block prior to issuance of a building permit. No building permits shall be issued for an outlot except for City structures allowed as a recreational or utility component in an open space area or park. 1120.04 Streets Subd. 1 Streets designed to comply with City standards. In areas of the City where there are topographical or environmental conditions that limit the ability of the street to meet City standards, the street design may vary subject to the Public Works Design Manual and approval of the City Engineer. Subd. 2 Street Plan. A. The arrangement, character, extent, width, grade, and location of all proposed streets shall conform to the comprehensive plan and official map, City standards, and shall conform to county, and state plans and standards for highways and be dedicated on the plat as public streets unless otherwise determined by the City Council. B. All proposed streets shall be considered in relation to existing and planned streets, reasonable circulation of traffic, topographical conditions, runoff of storm water, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by the streets. 1. Local streets shall be so planned as to discourage their use by non-local traffic. 2. Minimum design standards for collector streets shall comply with Minnesota Department of Transportation State Aid Standards. C. Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. Subd. 3 Streets Widths. All right-of-way and roadway widths shall conform to the following minimum dimensions: Street Type Right-of-Way Width Roadway Width Major Arterial 100 Feet Determined on a case-by-case basis Minor Arterial 80 Feet Determined on a case-by-case basis Collector Street 70 Feet 32 Feet Minimum Residential Street 60 Feet 28 Feet Minimum Local Street 60 Feet 28 Feet Minimum Cul-de-sac 60 Feet 28 Feet Minimum Subd. 4 Private Streets. Private streets, except in the case of a townhouse development or a Planned Unit Development, shall be prohibited and no public improvements shall be approved for any private street. 1120.05 Alleys Subd. 1 Standards A. Alleys alley rights-of-way and roadway widths must conform to the following minimum standards: Classification Right-of-Way Width Roadway Width Industrial or commercial 28 feet 20 feet Residential (two-way) 24 feet 16 feet Residential (one-way) 20 feet 12 feet “Clean” version Chapter 11 Section 1120 Page 4 of 5 B. The City Council may require alleys in non-residential areas where adequate off-street loading space is not available. 1120.06 Sidewalks and Trails Subd. 1 Sidewalks. A. Sidewalks may be required. The following criteria shall be used in determining if sidewalks are to be included in a development: 1. Sidewalks that connect to existing sidewalks within adjacent developed areas. 2. Sidewalks that connect neighborhoods to adjacent schools, parks and neighborhood commercial areas. 3. Sidewalks that connect neighborhoods to existing neighborhoods, within adjacent developed areas, and proposed trails as shown in the Comprehensive Plan. 4. Sidewalks that are located in residential areas with long blocks or many dwelling units on the street(s), or commercial or industrial areas. B. Sidewalks shall be designed and constructed to meet the requirements defined in the Public Works Design Manual. Subd. 2 Trails. A. Trails shall be designed and constructed to meet the requirements defined in the Public Works Design Manual. B. Trails shall be established in accordance with the Comprehensive Plan, other relevant plans adopted by the City, along natural features such as lakes, wetlands, and ditches, and in other areas where trails will serve an important transportation or recreational purpose as recommended and approved by the City Council. 1120.07 Easements Subd. 1 Dedication. Easements shall be dedicated by appropriate language on the final plat in accordance with this section. Subd. 2 Width and Location. An easement for drainage and utilities at least 12 feet wide shall be provided around the perimeter of a subdivision, along front and rear lot lines, and centered along shared side lot lines. Easements of 20 feet or greater width or area may be required if necessary for the extension of main water or sewer lines, similar utilities, for drainage purposes, or to incorporate wetlands. Subd. 3 Continuous Utility Easement Locations. Drainage and utility easements shall connect with easements established in adjoining properties. Subd. 4 Guy Wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys fall alongside lot lines. Subd. 5 Storm Water Management Ponds. Ponding easements shall be required for storm water ponding areas and shall be taken to two feet above the emergency overflow elevation or 100-year flood elevation if no emergency overflow elevation is provided. In addition, if the easement is not adjacent to a public right-of-way, adequate public access to the easement for maintenance purposes is required. Subd. 6 Provided for Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage right-of-way shall be provided conforming substantially with the lines of the watercourse, together with any further width or construction or both, as shall be adequate to direct storm water runoff. Subd. 7 Sidewalk/ Trail Easements. Sidewalk/trail easements shall be provided in accordance with section 1120.03 or when deemed essential to provide circulation or access to parks, schools, playgrounds, shopping areas, transportation, or other community facilities. Subd. 8 Retaining Walls. The construction of any retaining walls within drainage and utility easements will need prior approval of the City Engineer. “Clean” version Chapter 11 Section 1120 Page 5 of 5 1120.08 Stormwater Management Subd. 1 Stormwater management plans shall comply with Rice Creek Watershed District Rules Rule C: Stormwater Management Plans. “Redline version” ATTACHMENT A Chapter 11 Section 1130 Page 1 of 3 Chapter 11 Subdivision 1130. Required Improvements 1130.01 Interpretation Subd. 1 All of the required improvements specified in this section shall be constructed in accordance with the state building code and all other applicable city, county, and state regulations, policies, and guidelines. 1130.02 Required Improvements Subd. 1 Survey Monuments. A. Official permanent monuments shall be placed as required by Minn. Stat. § 505.021 (as may be amended). B. All monument markers shall be correctly in place upon final grading and installation of utilities. C. The city will not issue building permits for a lot within a plat until monuments have been placed for that lot. D. All United States, state, county or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subd. 2 Streets. A. Street Grading. The full width of the right of way, of each street dedicated in the plat shall be graded in accordance with the provisions for construction as outlined in Section 1120 Minimum Design Standards. B. Street Surfacing. All streets shall be improved with pavements constructed to specification of the City EngineerPublic Works Design Manual. Subd. 3 Sewer and Water. A. Sanitary sewer and water facilities for the subdivision shall be obtained by connections to the City sewer and water systems and shall be designed, installed, and approved in accordance with the standards and specifications of the City EngineerPublic Works Design Manual. Subd. 4 Utilities. A. All utilities shall be installed underground as provided in this code. All underground work shall be completed prior to street surfacing. Subd. 5 Sod. TurfGrass sod and four inches of topsoil shall be provided between the pavement edge of the roadway and the lot line. Subd. 6 Tree Preservation. Tree removal on all properties in the City is subject to the provisions of Section 1350.051325.055 of the Zoning Code. Subd. 7 Tree Plantings. Tree plantings are required as follows: A. . Street Trees Required. 1. At least one street tree shall be properly installed at the time of street construction for each 40- foot length of right-of-way. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. 2. The type of tree shall be subject to the Arden Hills Preferred Street Tree Species List or by City approval following the additional standards below: a. Coniferous trees must be at least six feet high at the time of installation. b. Deciduous trees must be at least two and one-half inches in diameter at a height four feet above the ground at the time of installation. c. These requirements may be waived by the City where the subdivider can demonstrate that a suitable tree is already located in an appropriate location on the lot. “Redline version” Chapter 11 Section 1130 Page 2 of 3 B. Lots shall meet the minimum landscaping requirements and tree preservation requirements in Sec.tions 1350.04 and 1350.05 of the Zoning Code. Subd. 8 Lighting. Streetlights shall not be installed at intersections or along roadways unless specifically approved by the City Engineer. A streetlight plan must be submitted to accommodate safe travel and to preserve the character of the neighborhoodbe installed as described in the Public Works Design Manual. Subd. 9 Street Markers. All necessary street markers and traffic signs shall be installed Street signs of standard design approved by the city shall be installed at each street intersection. Regulatory signs shall be installed as required. Subd. 10 Sidewalks. Sidewalks may be required along both sides of all streets; pedestrian ways shall be paved and fenced as approved by the City Council. 1130.03 Installation of Required Improvements Subd. 1 Development Agreement Required. To ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the City, setting forth the conditions under which the subdivision is approved. Subd. 2 All of the required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this section and the current version of the city's engineering standard specifications, which are adopted herein by referencePublic Works Design Manual, and approved by and subject to the inspection of the cCity eEngineer prior to approval. Subd. 3 Surety Bond. The subdivider shall furnish a surety bondletter of credit or cash escrow with a sum equal to 125% of the estimated cost of the required improvements to be made under the contract or shall have given a performance bond in the same amount to the City to cover the cost of the improvements, as estimated by the City Engineer. The bond will be in a form required by statute for public contractor bonds and will identify the improvements and the time scheduled for their completion. Subd. 4 Preparation of Plans and Specifications. A. The subdivider shall submit plans and specifications for all required improvements, as listed or specified in this Chapter that have been prepared by a competent registered professional engineer to the cCity for approval by the cCity eEngineer. B. The cCity shall, at the subdivider's expense, provide all on-site inspection and soil testing to certify that the construction work meets the cCity's standards, Public Works Design Manual, and approved plans. C. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. D. No deviations from the approved plans and specifications will be permitted unless approved in writing by the cCity eEngineer. E. The subdivider shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this development agreement, for which reimbursement is expected from the cCity, unless such work is first ordered in writing by the city engineer as provided in the specifications in included in the development agreement. Subd. 5 Timeline. A. The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except: 1.Where weather precludes completion; 2.For street lighting; “Redline version” Chapter 11 Section 1130 Page 3 of 3 3.For landscaping; and 4. For the wearing course of streets. B. Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months by the City Engineer. C. The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements. D. The subdivider shall complete landscaping by the development phase within 90 days following the issuance of a building permit for the last vacant lot within a phase unless weather precludes completion, in which case the landscaping shall be completed at the outset of the next growing season. E. Neither curb and gutter nor bituminous pavement shall be installed between November 15 and April 15. The final wear course on streets shall be installed between May 15 and October 1, the first summer after the base layer of asphalt has been in place one freeze-thaw cycle. Any deficiencies in the base asphalt, curb or other improvements must be repaired by the subdivider at its own cost prior to final paving. The subdivider may, however, request an extension of time from the city. If an extension is granted, it shall be conditioned upon updating the security posted by the subdivider to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the cCity eEngineer. Subd. 6 It shall be the declared policy of the City to require the subdivider to proceed as soon as practicable with installations within the subdivision of such required improvements, after final approval of a subdivision plat, execution of the development agreement, and payment. “Clean version” ATTACHMENT B Chapter 11 Section 1130 Page 1 of 3 Chapter 11 Subdivision 1130. Required Improvements 1130.01 Interpretation Subd. 1 All of the required improvements specified in this section shall be constructed in accordance with the state building code and all other applicable city, county, and state regulations, policies, and guidelines. 1130.02 Required Improvements Subd. 1 Survey Monuments. A. Official permanent monuments shall be placed as required by Minn. Stat. § 505.021 (as may be amended). B. All monument markers shall be correctly in place upon final grading and installation of utilities. C. The city will not issue building permits for a lot within a plat until monuments have been placed for that lot. D. All United States, state, county or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subd. 2 Streets. A. Street Grading. The full width of the right of way, of each street dedicated in the plat shall be graded in accordance with the provisions for construction as outlined in Section 1120 Minimum Design Standards. B. Street Surfacing. All streets shall be improved with pavements constructed to specification of the Public Works Design Manual. Subd. 3 Sewer and Water. A. Sanitary sewer and water facilities for the subdivision shall be obtained by connections to the City sewer and water systems and shall be designed, installed, and approved in accordance with the standards and specifications of the Public Works Design Manual. Subd. 4 Utilities. A. All utilities shall be installed underground. All underground work shall be completed prior to street surfacing. Subd. 5 Sod. Grass sod and four inches of topsoil shall be provided between the pavement edge of the roadway and the lot line. Subd. 6 Tree Preservation. Tree removal on all properties in the City is subject to the provisions of Section 1325.055 of the Zoning Code. Subd. 7 Tree Plantings. Tree plantings are required as follows: A. . Street Trees Required. 1. At least one street tree shall be properly installed at the time of street construction for each 40- foot length of right-of-way. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. 2. The type of tree shall be subject to the Arden Hills Preferred Street Tree Species List or by City approval following the additional standards below: a. Coniferous trees must be at least six feet high at the time of installation. b. Deciduous trees must be at least two and one-half inches in diameter at a height four feet above the ground at the time of installation. c. These requirements may be waived by the City where the subdivider can demonstrate that a suitable tree is already located in an appropriate location on the lot. “Clean version” Chapter 11 Section 1130 Page 2 of 3 B. Lots shall meet the minimum landscaping requirements and tree preservation requirements in Sections 1350.04 and 1350.05 of the Zoning Code. Subd. 8 Lighting. Streetlights shall be installed as described in the Public Works Design Manual. Subd. 9 Street Markers. Street signs of standard design approved by the city shall be installed at each street intersection. Regulatory signs shall be installed as required. Subd. 10 Sidewalks. Sidewalks may be required along both sides of all streets; pedestrian ways shall be paved and fenced as approved by the City Council. 1130.03 Installation of Required Improvements Subd. 1 Development Agreement Required. To ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the City, setting forth the conditions under which the subdivision is approved. Subd. 2 All of the required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this section and Public Works Design Manual, and approved by and subject to the inspection of the City Engineer prior to approval. Subd. 3 Surety Bond. The subdivider shall furnish a letter of credit or cash escrow with a sum equal to 125% of the estimated cost of the required improvements to be made under the contract or shall have given a performance bond in the same amount to the City to cover the cost of the improvements, as estimated by the City Engineer. The bond will be in a form required by statute for public contractor bonds and will identify the improvements and the time scheduled for their completion. Subd. 4 Preparation of Plans and Specifications. A. The subdivider shall submit plans and specifications for all required improvements, as listed or specified in this Chapter that have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. B. The City shall, at the subdivider's expense, provide all on-site inspection and soil testing to certify that the construction work meets the City's standards, Public Works Design Manual, and approved plans. C. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. D. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. E. The subdivider shall not do any work or furnish any materials for which reimbursement is expected from the City, unless such work in included in the development agreement. Subd. 5 Timeline. A. The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except: 1.Where weather precludes completion; 2.For street lighting; 3.For landscaping; and 4. For the wearing course of streets. B. Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months by the City Engineer. C. The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements. D. The subdivider shall complete landscaping by the development phase within 90 days following the issuance of a building permit for the last vacant lot within a phase unless weather precludes “Clean version” Chapter 11 Section 1130 Page 3 of 3 completion, in which case the landscaping shall be completed at the outset of the next growing season. E. Neither curb and gutter nor bituminous pavement shall be installed between November 15 and April 15. The final wear course on streets shall be installed between May 15 and October 1, the first summer after the base layer of asphalt has been in place one freeze-thaw cycle. Any deficiencies in the base asphalt, curb or other improvements must be repaired by the subdivider at its own cost prior to final paving. The subdivider may, however, request an extension of time from the city. If an extension is granted, it shall be conditioned upon updating the security posted by the subdivider to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. Subd. 6 It shall be the declared policy of the City to require the subdivider to proceed as soon as practicable with installations within the subdivision of such required improvements, after final approval of a subdivision plat, execution of the development agreement, and payment. “Redline version” ATTACHMENT A Chapter 11 Section 1140 Page 1 of 3 Chapter 11 Subdivision 1140. Park Land Dedications 1140.01 Public Dedications Required Subd. 1 Pursuant to Minn. Stat. Section 462.358, Subd. 2b, except as otherwise provided in this section, the City requires all owners or developerssubdividers, as a prerequisite to approval of a subdivision to convey to the City or dedicate to the public use a reasonable portion of any such proposal foany proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands, or open space, in such portions to be approved and acceptable to the City. 1140.02 Park Dedication and Cash in Lieu Subd. 1 The City finds that the dedication and improvement requirements as defined in this subsection are necessary to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from development subject to Section 1130.08. As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the city's park fund and trail fund, as provided by this section. 1140.03 Park Land to be Dedicatedion Requirements. Subd. 1 Land dedicated under this section shall reasonably conform to the City’s cComprehensive pPlan. Subd. 2 Dedication Amounts. A. In residential subdivisions where parkland dedication is required, the following formula shall be used to determine the parkland dedication: Category Units Per Acre Percentage Park Dedication /Acres of Development Low Density Residential Up to 2.5 10 percent Medium Density Residential More than 2.5 to 8.0 15 percent High Density Residential More than 8.0 20 percent B. In commercial or industrial subdivisions where a park land dedication is required, the following formula shall be used to determine the parkland dedication: fifteen (15) percent of the gross area of the subdivision. Subd. 3 Property being subdivided without an increase in the number of lots shall be exempt from park land dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created. 1140.04 Cash in Lieu of Park Land Dedication. Subd. 1 In lieu of park land dedication the City may, at its discretion, require: A. A cash in lieu contribution B. A combination of park land and a cash contribution Subd. 2 The cash in lieu paymentcontribution shall be determined based on the average fair market value of the unplatted land that would otherwise be dedicated to the City. “Redline version” Chapter 11 Section 1140 Page 2 of 3 Subd. 3 Where a combination of land and cash dedication is madeWhen the City elects to receive cash in lieu and land dedication, the land dedicatedion will be deducted from the total park dedication land dedication requirementd, and the balanceremainder of required park land dedication acreage will be converted into a cash contribution in lieu of land dedicationcontribution requirement pursuant tocalculated based on the fair market value of the property in the subdivision. Subd. 4 Fair market value shall be determined as of the time of filing the Final Plat in accordance with the following: A.The value of the land as determined by the City annually based on the tax valuation; or A.B. The fair market value may be bBased upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies. B.Subd. 5 If the City disputes such appraisal, the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 1140.05 Process for Park Land Dedication Subd. 1 City staff recommendation. In each case City staff shall recommend to the City Council the total area and location of such land that should be conveyed or dedicated within the development for park, trails, or open space purposes, or whether a cash contribution in lieu of land dedication should be required. Such recommendation may take into consideration items such as the zoning classification of the land to be developed, the particular use proposed for such land, amenities to be provided and factors of density and site development as proposed by the developer. Subd. 2 Cash contributions for land dedication or park improvements are to be calculated at the time of the Final Plat approval. The City may require the payment at the time of the Final Plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the City. Subd. 3 Any land required to be dedicated for park, trails, or open space purposes as defined in this section shall be conveyed by warranty deed to the City prior to the City’s release of the Final Plat for filing with the county. Subd. 4 Park dedication fund. Cash contributions shall be deposited in a designated park dedication fund and shall only be used for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. 1140.06 Miscellaneous Provisions for Park Land Dedication Subd. 1 Trail connections. In cases where a subdivision borders a trail identified in the City’s comprehensive plan, the subdivider or developer shall be responsible for constructing trail improvements that provide connections from the subdivision area to this trail. The location and specifications of the trail connections shall be determined pursuant to the standards in the Public Works Design Manual and subdivision ordinance and approved by the City CouncilEngineer and Community Development Director. Subd. 2 Suitability of dedicated land. As determined by the City, land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include, and are not limited to: size, shape, topography, geology, hydrology, tree cover, access, and location. Subd. 3 Acquisition of sites proposed on official map or comprehensive plan. Where a proposed park, playground, trail, open space or other recreational area that has been indicated on the official map or comprehensive plan is located in whole or in part within a proposed subdivision, such proposed site shall be designated as such on the plat and be dedicated to the City. If the subdivider chooses not to “Redline version” Chapter 11 Section 1140 Page 3 of 3 dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase. Subd. 4 Calculating density. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Code and shall be in addition to and not in lieu of private open space requirements prescribed in the Zoning Code. Subd. 5 As part of the subdivision approval, the developer shall be responsible for making certain improvements to dedicated park land, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with city-approved markers. Subd. 6 The subdivider or developer shall bring utilities a reasonable distance inside the property line of the future park, as determined by the city engineer, and shall cap them off at no cost to the city. Utilities shall include gas, storm sewer, water, electricity, and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the city engineer and parks and recreation director. “Clean version” ATTACHMENT B Chapter 11 Section 1140 Page 1 of 3 Chapter 11 Subdivision 1140. Park Land Dedication 1140.01 Public Dedications Required Subd. 1 Pursuant to Minn. Stat. Section 462.358, Subd. 2b, the City requires all subdividers, as a prerequisite to approval of a subdivision to convey to the City or dedicate to the public use a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands, or open space, in such portions to be approved and acceptable to the City. 1140.02 Park Dedication and Cash in Lieu Subd. 1 The City finds that the dedication and improvement requirements as defined in this subsection are necessary to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from development subject to Section 1130.08. As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the city's park fund and trail fund, as provided by this section. 1140.03 Park Land Dedication Requirements. Subd. 1 Land dedicated under this section shall reasonably conform to the Comprehensive Plan. Subd. 2 Dedication Amounts. A. In residential subdivisions where parkland dedication is required, the following formula shall be used to determine the parkland dedication: Category Units Per Acre Percentage Park Dedication /Acres of Development Low Density Residential Up to 2.5 10 percent Medium Density Residential More than 2.5 to 8.0 15 percent High Density Residential More than 8.0 20 percent B. In commercial or industrial subdivisions where park land dedication is required, the following formula shall be used to determine the parkland dedication: 15 percent of the gross area of the subdivision. Subd. 3 Property being subdivided without an increase in the number of lots shall be exempt from park land dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created. 1140.04 Cash in Lieu of Park Land Dedication. Subd. 1 In lieu of park land dedication the City may, at its discretion, require: A. A cash in lieu contribution B. A combination of park land and a cash contribution Subd. 2 The cash in lieu contribution shall be based on the average fair market value of the unplatted land that would otherwise be dedicated to the City. Subd. 3 When the City elects to receive cash in lieu and land dedication, the land dedication will be deducted from the total park land dedication required, and the remainder of park land dedication will be “Clean version” Chapter 11 Section 1140 Page 2 of 3 converted into a cash in lieu of contribution requirement calculated based on the fair market value of the property in the subdivision. Subd. 4 Fair market value shall be determined as of the time of filing the Final Plat in accordance with the following: A.The value of the land as determined by the City annually based on the tax valuation; or B. Based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies. Subd. 5 If the City disputes such appraisal, the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 1140.05 Process for Park Land Dedication Subd. 1 City staff recommendation. In each case City staff shall recommend to the City Council the total area and location of such land that should be conveyed or dedicated within the development for park, trails, or open space purposes, or whether a cash contribution in lieu of land dedication should be required. Such recommendation may take into consideration items such as the zoning classification of the land to be developed, the particular use proposed for such land, amenities to be provided and factors of density and site development as proposed by the developer. Subd. 2 Cash contributions for land dedication or park improvements are to be calculated at the time of the Final Plat approval. The City may require the payment at the time of the Final Plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the City. Subd. 3 Any land required to be dedicated for park, trails, or open space purposes as defined in this section shall be conveyed by warranty deed to the City prior to the City’s release of the Final Plat for filing with the county. Subd. 4 Park dedication fund. Cash contributions shall be deposited in a designated park dedication fund and shall only be used for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. 1140.06 Miscellaneous Provisions for Park Land Dedication Subd. 1 Trail connections. In cases where a subdivision borders a trail identified in the City’s comprehensive plan, the subdivider or developer shall be responsible for constructing trail improvements that provide connections from the subdivision area to this trail. The location and specifications of the trail connections shall be determined pursuant to the standards in the Public Works Design Manual and subdivision ordinance and approved by the City Council. Subd. 2 Suitability of dedicated land. As determined by the City, land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include, and are not limited to: size, shape, topography, geology, hydrology, tree cover, access, and location. Subd. 3 Acquisition of sites proposed on official map or comprehensive plan. Where a proposed park, playground, trail, open space or other recreational area that has been indicated on the official map or comprehensive plan is located in whole or in part within a proposed subdivision, such proposed site shall be designated as such on the plat and be dedicated to the City. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase. “Clean version” Chapter 11 Section 1140 Page 3 of 3 Subd. 4 Calculating density. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Code and shall be in addition to and not in lieu of private open space requirements prescribed in the Zoning Code. Subd. 5 As part of the subdivision approval, the developer shall be responsible for making certain improvements to dedicated park land, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with city-approved markers. Subd. 6 The subdivider or developer shall bring utilities a reasonable distance inside the property line of the future park, as determined by the city engineer, and shall cap them off at no cost to the city. Utilities shall include gas, storm sewer, water, electricity, and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the city engineer and parks and recreation director. “Redline version” ATTACHMENT A Chapter 11 Section 1150 Page 1 of 11 Chapter 11 Subdivision 1150. Procedures 1150.01 Common Procedures Subd. 1 Authority to File A.Development review Subdivision applications for an individual property may be initiated by: 1.The owner of the property that is the subject of the application; or 2. An agent authorized by the owner of the property that is the subject of the application. Evidence of such authorization shall be the signature of the property owner. 3. If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application. Subd. 2 Exemptions A. Subdivision approval is not required for any of the following: 1. Separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential use. 2. Separations where all the resulting parcels, tracts, lots, or interests will be five acres or larger in size for commercial and industrial use; 3.Separations creating cemetery lots; 4.Land separations resulting from court orders; or 5. Lot consolidation. Subd. 3Subd. 2 Applications and Fees A. Pre-application meetings are recommended. 1. A pre-application meeting is an informal discussion between a potential applicant and cCity staff regarding a possible project subject to this titlesubdivision. The Zoning Administrator shall determine which cCity staff shall attend the pre-application meeting or be involved in the correspondence. 2. The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s). This shouldwill include at a minimum an assessment of a concept plan and narrative. 3. Discussions that occur during pre-application meetings are not binding on the City and do not constitute official assurances or representations on the City. B. Depending on the requirements of this CodeCity Code, multiple applications may be required for a single development. C. City staff shall determine the order of application review based on the City Code, including this cChapter, and state requirements. Where possible, applications canmay be reviewed simultaneously. D. Applications for subdivisions shall be filed with the City and include all of the information required on the application form provided by the City. Failure by the applicant to provide all of the required information maywill result in rejection of the application by City staff. E. Fees for subdivision applications provided for in this cChapter shall be established by ordinance approved by the City Council. The applicant shall submit the filing fee and if applicable, an escrow for technical assistance, established and adopted by the City Council paid to the Zoning Administrator with every application. No building permitsubdivision application will be “Redline version” Chapter 11 Section 1150 Page 2 of 11 issueddeemed complete until all information required on the applicant form and fees are paid for the subdivision applicationssubmitted to the City. F. Any and all expenses and charges incurred by the City for the technical assistance of engineering, planning, legal, or other services related to the review and processing of the subdivision application that exceeds the established application fee shall be collected from the applicant. Such fees shall come due immediately upon notification by the City. The City may withhold any final action on a developmentsubdivision application and/or rescind prior action until all feesexpenses are paid in full. Subd. 4Subd. 3 Registered Land Surveys A. Registered land surveys shall not be used to avoid the requirements of this title. B. All registered land surveys shall be prepared in conformance with Minnesota Statutes, section 508.47, subdivision 4. C. All registered land surveys shall be reviewed by the Planning Commission and approved by the Council in the same manner as a preliminary plat in accordance with the standards and procedures set forth in this chapter. D. The Planning Commission shall first review the arrangement, size and the relationship of proposed tracts in the registered land surveys, and tracts to be used as easements or roads that should be dedicated and make a recommendation to the Council. E. Building permits will be withheld for buildings on tracts that have been improperly subdivided by registered land surveys until a recommendation and approval have been obtained from the Planning Commission and City Council respectively. In accordance with the standards and procedures set forth in this chapter. F. The City may refuse to take over tracts as streets or roads or to improve, repair or maintain any tracts of land unless so approved. Subd. 5Subd. 4 Public Hearings and Notices A. Public hearings required by this cChapter and shall be conducted pursuant to the rules established for each of the bodies, the Arden Hills City Code, and in compliance with state law. B. All public hearings shall be open to the public. C.B. The applicant or a representative should attend the public hearing. D.C. Unless otherwise noted herein, tThe Planning Commission shallwill hold the public hearing and make a recommendation to the City Council for final approval. The City Council may hold additional public hearing(s). E.D. Notice of the public hearing shall be published in the official newspaper of the municipalityCity at least ten days prior to the date of the hearing. The notice shall also be mailed to the following entities not less than ten days prior to the date of the hearing: 1. All property owners of record according to the county assessment records within 350 feet of the property. 2. The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within the Shoreland Overlay District. 3. The Commissioner of the State Department of Transportation and the County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road. 4. The failure to provide mailed notice to individual property owners, or any defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this chapter has been made and no other state statutes apply. Subd. 6Subd. 5 Deadline for Action A. In compliance with M.S. § 462.358, the City shall take action to preliminarily approve or deny a subdivision application within 120 days following delivery of an application completed in compliance with this Code, unless an extension for the review period has been agreed to by the applicant. “Redline version” Chapter 11 Section 1150 Page 3 of 11 B. In compliance with M.S. § 462.358, the City shall certify final approval of a subdivision application within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and the preliminary approval. Subd. 7Subd. 6 Appeals of Decisions. A. Appeal of Zoning Administrator Interpretation. 1. The Planning Commission shall hear and make recommendations to the City Council for any appeals of the Zoning Administrator’s interpretation of this chapter. B. Appeal of City Council Decision. 1. All decisions made by the City Council regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Ramsey County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above. Subd. 8Subd. 7 Successive Applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its submittal, unless substantial changes have been made which warrant reconsideration, as determined by city staffthe Zoning AdminstratorAdministrator. Subd. 9Subd. 8 Withdrawal of Applications. A. Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator. B. In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of the application shall not be refunded. Subd. 10Subd. 9 Copies of Plats A. Copies of all subdivision plats and any modifications or phases after that have been submitted and approved as provided in this cChapter, shall be filed and kept among the records of the City. Subd. 11Subd. 10 Prohibition Related to Building Permits. A.No lot, parcel, or tract created after the effective date of this chapter shall be issued a building permit unless the lot, parcel or tract has been created in compliance with the subdivision regulations of the cityNo building permit shall be issued for the construction of any building, structure or improvement to any lot unless there has been full compliance with the provisions of this Chapter. . B.Outlots are deemed unbuildable, and nNo building permit shall be issued for outlots such properties, except in the case of for City approved public park facilities or essential services. 1150.02 Administrative Lot Line Adjustment Subd. 1 Applicability. An application for an administrative lot line adjustment shall be submitted to the City when any of the following apply: A. Applicant proposes to relocate a property line(s) without increasing or decreasing the number of parcels and where all parcels meet the applicable Zoning Code requirements; or B.Conveyance by metes and bounds. Subd. 2 Requirements. An administrative lot line adjustment may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The lots to be modified are platted lots and meet all applicable requirements of the City Code for individual parcels after modification (including but not limited to lot size, lot width, building setbacks, impervious surface coverage, street adjacency and the like). B. The newly created lot boundaries shall not cross zoning district boundaries. C. The lots shall be contiguous, sharing a common boundary. D. All created lots shall not cross taxing jurisdiction boundaries (city, school district, watershed district and the like). “Redline version” Chapter 11 Section 1150 Page 4 of 11 E. All parties with a property interest, including mortgagors, shall consent to the lot line adjustment. B.F. The lots shall not require or create the need for any public improvements. Subd. 2Subd. 3 Application. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting an administrative lot line adjustment application. B. The application for an administrative lot line adjustment shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 3Subd. 4 Review Process. A. The Zoning Administrator shall review the application and plans and refer them to additional city staff for review as applicable. B. The Zoning Administrator shall approve or deny the application and provide the applicant with written notice of the decision and reasons for approval or denial. 1150.02 Minor Subdivisions of Unplatted Property Subd. 1 General Applicability. A. In the case of a proposed minor subdivision of an unplatted tract of land resulting in three or fewer parcels, in an area where conditions are well defined, the City Council may exempt the subdivider from compliance with all or some of the provisions of this cChapter, except. Mminor subdivisions of commercial or industrial properties must be platted. B. The provisions from which the subdivision may be exempted shall be specified by the Planning Commission at its first meeting at which the subdivider's application under this paragraph is presented. Subd. 2 Special ExceptionsRequirements. Such subdivision may be exempted from the platting requirements of this cChapter and may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare, or highway; B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare, or highway, and will not involve the dedication, reservation, or construction of any type of public utility; C.The subdivision will not obstruct future streets which have been planned by the City; D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference;. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; G. The resultant parcels will not have setbacks and dimensions less than those required in the zZoning ordinance, as amendedCode; H.The subdivision will not involve the dedication or reservation of any new easements nor obstruct or modify any existing dDrainage and utility easements along lot lines and any other easements required by this cChapter. I. A grading plan with drainage calculations shall be submitted if required by the City Engineer. J. The subdivider has complied with the requirements of this chapter which the Planning Commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Subd. 3 Application. “Redline version” Chapter 11 Section 1150 Page 5 of 11 A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a minor subdivision application. B. The application for a minor subdivision shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 4 Review Process. A. The Zoning Administrator shall review the application and plans then refer them to additional city staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at their next regular meeting, or a special meeting if called. After review the Planning Commission shall make a recommendation to the Council. C. The public hearing requirements shall be exempt for minor subdivisions of unplatted property unless the Planning Commission and Council determines further review is necessary. D. The City Council shall review and approve, approve conditionally, or deny any standards or exemptions to the minor subdivision application for unplatted property. E. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof. 1150.03 Minor Subdivisions or Consolidation of Platted Lots of Record Subd. 1 Applicability. A. In the case of an application to divide one or more lots platted into lots and blocks and designated in a subdivision plat into one or more separately described parcels, or B. An application for the consolidation of two or more such platted lots or parts thereof into one or more tracts, the City Council, upon review and after reported recommendation of the Planning Commission, may approve the division or consolidation, upon compliance with the following conditionsrequirements: 1. Survey. The owner(s) of the platted lot(s) to be so divided or consolidated shall file with the Zoning Administrator a survey or registered land survey of the lot(s) to be divided or consolidated. The survey or registered land survey shall be prepared and certified by a Licensed Surveyor. 2. Relation to Zoning Ordinance. The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. Public Welfare. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. Conformity. The proposed division or consolidation shall conform to such other requirements of this chapter as the Planning Commission may specify. The City Council may add to or subtract from these requirements any additional requirements which it deems necessary for the protection of the health, safety, general welfare, and convenience of the City, and to secure the objectives of this chapter. Subd. 2 Application. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a minor subdivision application. B. The application for a minor subdivision shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 3 Review Process. “Redline version” Chapter 11 Section 1150 Page 6 of 11 A. The Zoning Administrator shall review the application and plans and then refer them to additional city staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at their next regular meeting, or a special meeting if called. After review, the Planning Commission shall make a recommendation to the Council. C. The public hearing requirements of Section 1150.01 Subd. 5 shall apply for minor subdivisions of platted properties of record. D. The City Council shall review and approve, approve conditionally, or deny the minor subdivision application for platted property of record. E. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof. 1150.04 Preliminary Plat Subd. 1 Filings. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a preliminary plat application. B. The application for a preliminary plat shall be filed pursuant to Section 1150.01 Subd. 3. C. Before platting or dividing a tract of land into two or more lots or parcels, an owner or subdivider shall file with the City: 1. Copies of the preliminary plat as required by the City submittal process. 2. The lump sum fee in cash for the entire subdivision, plus a cash fee for each lot in the subdivision. Fees shall be as established in a resolution adopted by the Council. Fees shall be used for expenses of the City in connection with approval or disapproval of the plan and any final plat which may thereafter be submitted. 3. If the subdivider requests that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the Zoning Administrator shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of an estimated cost, the cost shall be paid to the City Treasurer in addition to the fees required Subd. 2 above, to cover the cost of preparing and filing the revised assessment. Subd. 2 Review Process. A. The Zoning Administrator shall review the application and plans and refer them to additional City Staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at the next regular meeting, or a special meeting if called. After review the Planning Commission shall make a recommendation to the Council. C. The Planning Commission will hold a public hearing requirements of Section 1150.01 Subd. 5 shall apply for subdivisions of platted properties of record on the preliminary plat application and make a recommendation to the City Council. The Planning Commission may recommend approval, approval subject to conditions, or denial. If the Planning Commission recommends denial, then the reasons for the recommendation shall be stated in the record. D.Following action by the Planning Commission, Tthe City Council shallwill consider the preliminary plat. The City Council may review and approve, approve conditionallywith conditions, or denydisapprove the preliminary plat application. “Redline version” Chapter 11 Section 1150 Page 7 of 11 1. The City Council shall act on the preliminary plan by resolution approving or adopting it within 30120 days after receiving the report of the Planning Commissionfollowing receipt of a complete preliminary plat application unless the subdivider agrees to an extension . 2.If the report of the Planning Commission has not been received within 75 days, after referring the matter to the Planning Commission, the Council may act on the preliminary plan without the report. 2. The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City. 3. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. E.Denial of PlatsFindings. The City may deny the subdivision if it makes one or more of the following findings must be made prior to approval of a preliminary plat: 1. That the proposed subdivision is in conflictconsistent with the Zoning Codeadopted Comprehensive Plan of the city; 2. That the proposed subdivision is consistent with all applicable City, county, and regional plans including but not limited to the Comprehensive Plan 2.3. That the physical characteristics of the site, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not are suitable for the type of development, design, or use contemplated; 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this Chapter. 3.5. That the design of the proposed subdivision or the proposed improvements are likely towill not cause environmental damage; 4.6. That the design of the proposed subdivision or the type of improvements is not likely to cause public health problems; 5.7. That the design of the proposed subdivision or the type of improvements will not conflict with easements of record or with easements established by judgement of a court; 6.8. That the proposed subdivision, its site, or its design will not adversely affects the flood- carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city; 7.9. The proposed subdivision is inconsistent with the policies and standards of state-defined Shorelands, Floodplains, and Wetlands; 10.The City Council deems theproposed subdivision to beis premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of dedicated and improved public streets. a.Lack of adequate sanitary sewer systems or no ISTS (individual sewer treatment system). c. b.d.Lack of adequate off-site public improvements or support systems. ; 8.11. The design of the proposed subdivision does not conform to minimum cCity standards. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof stating the conditions of approval or reasons for disapproval and timeline for final plat submission. G.Approval and DenialEffect. If the preliminary plan is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant . If the preliminary plan is approved, approval shall not constitute final acceptance of the subdivision r “Redline version” Chapter 11 Section 1150 Page 8 of 11 the improvements. The approval of a preliminary plan by the Council is tentative only, involving merely the general acceptability of the layout as submitted. Qualifications Governing Approval. Revision. The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City. Scope. The approval of a preliminary plan by the Council is tentative only, involving merely the general acceptability of the layout as submitted. H. Additional Approval Required. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal, gas and electric service, grading, gradients and street widths, and the surfacing of streets by the City Engineer and other public officials having jurisdiction, prior to the approval of the final plat by the City. I. Flooding. No plan will be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area completely safe for occupancy and provide adequate street and lot drainage. 1150.05 Final Plat Subd. 1 Application Filing and Incorporation. A. Filing. The owner or subdivider shall file with the City the final plat not later than one year after the date of approval of the preliminary plan; unless an extension is requested in writing by the subdivider and granted by the City Council. If the final plat application is not filed within this period, the preliminary plat will be considered void unless, for good cause shown, an extension is requested in writing by the subdivider and granted by the City Council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least 30 days prior to the meeting of the City Council at which action is desired. The owner or subdivider shall also submit a final plat prepared in compliance with the county plat manual dated April 1981 as adopted by the county board of commissioners on April 13, 1981, Resolution No. 81-288 and any amendments thereto and an up-to-date certified abstract of title or registered property report and such other evidence as the city attorney may require showing title or control in the applicant. Subd. 2 Review Process. A. The Zoning Administrator shall review the application and plans then refer them to additional city staff for review as applicable. B.Incorporation of Changes. The final plat shall have incorporated in it all changes or modifications required by the City Council; in all other respects it shall conform to the preliminary plant. It may constitute only that portion of the approved preliminary plant which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this cChapter. C.Verification of Form. The City Council shall consider the final plat officially filed after the Planning Commission, the City Engineer, and the City Attorney have examined it and advised the Council that it is in proper form. D. The public hearing requirements of Section 1150.01 Subd. 5 shall apply for final plats. E. The City Council shall review the final plat and approve, approve conditionally, or denydisapprove the final plat applicationit within 60 days following receipt of the complete application . F.The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approvalfollowing finding must be made prior to approval of a final plat 1.The plat is not in conflict with the approved preliminary plat or the preliminary plat findings . “Redline version” Chapter 11 Section 1150 Page 9 of 11 F.G. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof and next steps for the subdivision development process. Subd. 3 Reporting and Recording. A. If the final plat is approved by the City Council, the subdivider shall record it with the County Recorder or Registrar of Titles within 60 days after the date of approval; otherwise, the approval of the final plat shall be considered void. In the event that the plat is disapproved, the grounds for such disapproval must be reported in proceedings of the Council and be duly transmitted to the applicant. B. The subdivider shall, immediately upon recording, furnish the City with at least one physical copy or electronic version of the final plat showing evidence of the recording. C. Effect of Final Plat Decision. 1. After the final plat has been approved by the City Council, the city shall distribute copies of the approved final plat to all affected agencies. A copy of all final plats located in total or in part within the Shoreland Overlay District shall be submitted to the Commissioner of the State Department of Natural Resources within ten days of the final plat approval. 2. It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval once all conditions of the final plat have been met and required improvements are either installed or a contract and sureties insuring their installation is filed. 3. Failure to record the final plat within one year of final approval shall result in the requiring of a new preliminary plat. This new preliminary plat must be reviewed in accordance with the procedure set out in this part to ensure compliance with any new requirements. 4. Prior to the expiration of any timeframe, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions in up to 12-month increments. 5. If no building permit for the construction of the subdivision has not been pulled within two years after the final approval, this shall result in the final plat becoming null and void unless prior to the expiration, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions in up to 12-month increments. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the subdivision. The petition shall be presented to the City Council for a decision. If the subdivision becomes null and void a new preliminary plat must be reviewed in accordance with the procedure set out in this section to ensure compliance with any new requirements. 1150.06 Subdivision Variances Subd. 1 The City Council may grant a subdivision variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditionswhere an unusual hardship exists:. An unusual hardship means that all of the following conditions exist: A. The variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and the Comprehensive Plan. B. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. B.The subdivider has established practical difficulties in complying with this subdivision ordinanceThe hardship is not a mere inconvenience.. C. “Practical difficulties,” as used in connection with the granting of a variance, means: D. the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; E. the plight of the landowner is due to circumstances unique to the property not created by the landowner; and F. the variance, if granted, will not alter the essential character of the locality. “Redline version” Chapter 11 Section 1150 Page 10 of 11 G. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems C. H.The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. D. E. The condition or conditions upon which the request is based are not generally applicable to other party. Subd. 2 In making these findings, the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of people to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as provided in this section, the Council shall prescribe only such conditions that it deems desirable or necessary to the public interest. Subd. 3Subd. 2 Applications. A. Application for any variance shall be in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the City Council, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Council in the analysis of the proposed project. The plans for the development shall include the covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. Subd. 4Subd. 3 Review Process. A. The Zoning Administrator shall review the application and plans and then refer them to additional city staff for review as applicable. B. The public hearing requirements of Section 1150.01 Subd. 5 shall apply for subdivision variances. C.B. The City Council shall review and approve, approve conditionally,approve or deny disapprove the subdivision variance application. D.C. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approvaldisapprove. E.D. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof and next steps for the subdivision development review process. Subd. 5Subd. 4 Effects of Subdivision Variance Decision A. Violations of the conditions of a subdivision variance shall void the variance. B. Recording. 1. A certified copy of the authorizing resolution, containing identifiable description and any specific requirements for approval, shall be recorded by the City with the Register of Deeds for Ramsey County for the subject property. 2. A copy of a decision granting a subdivision variance in a Floodplain or Shoreland Overlay District shall be mailed to the district office of the Minnesota Department of Natural Resources within ten days of the decision. C.B. Whenever within one year after granting a subdivision variance the subdivision as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the subdivision has been granted to by the City Council. 1. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original subdivision variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to “Redline version” Chapter 11 Section 1150 Page 11 of 11 complete the work permitted in the subdivision variance or appeal. The petition shall be presented to the City Council for a decision. 2. A second extension request shall require a new public hearing. D.C. A subdivision variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial. “Clean version” ATTACHMENT B Chapter 11 Section 1150 Page 1 of 9 Chapter 11 Subdivision 1150. Procedures 1150.01 Common Procedures Subd. 1 Authority to File A. Subdivision applications for an individual property may be initiated by: 1.The owner of the property that is the subject of the application; or 2. An agent authorized by the owner of the property that is the subject of the application. Evidence of such authorization shall be the signature of the property owner. 3. If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application. Subd. 2 Applications and Fees A. Pre-application meetings are recommended. 1. A pre-application meeting is an informal discussion between a potential applicant and City staff regarding a possible subdivision. The Zoning Administrator shall determine which City staff shall attend the pre-application meeting or be involved in the correspondence. 2. The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria, and the information to be contained in the application(s). This will include at a minimum an assessment of a concept plan and narrative. 3. Discussions that occur during pre-application meetings are not binding on the City and do not constitute official assurances or representations on the City. B. Depending on the requirements of this City Code, multiple applications may be required for a single development. C. City staff shall determine the order of application review based on the City Code, including this Chapter, and state requirements. Where possible, applications may be reviewed simultaneously. D. Applications for subdivisions shall be filed with the City and include all of the information required on the application form provided by the City. Failure by the applicant to provide all of the required information will result in rejection of the application by City staff. E. Fees for subdivision applications provided for in this Chapter shall be established by ordinance approved by the City Council. The applicant shall submit the filing fee and if applicable, an escrow for technical assistance, established and adopted by the City Council paid to the Zoning Administrator with every application. No subdivision application will be deemed complete until all information required on the applicant form and fees are submitted to the City. F. Any and all expenses and charges incurred by the City for the technical assistance of engineering, planning, legal, or other services related to the review and processing of the subdivision application that exceeds the established application fee shall be collected from the applicant. Such fees shall come due immediately upon notification by the City. The City may withhold any final action on a subdivision application until all expenses are paid in full. Subd. 3 Registered Land Surveys A. Registered land surveys shall not be used to avoid the requirements of this title. B. All registered land surveys shall be prepared in conformance with Minnesota Statutes, section 508.47, subdivision 4. C. All registered land surveys shall be reviewed by the Planning Commission and approved by the Council in the same manner as a preliminary plat in accordance with the standards and procedures set forth in this chapter. “Clean version” Chapter 11 Section 1150 Page 2 of 9 D. The Planning Commission shall first review the arrangement, size and the relationship of proposed tracts in the registered land surveys, and tracts to be used as easements or roads that should be dedicated and make a recommendation to the Council. E. Building permits will be withheld for buildings on tracts that have been improperly subdivided by registered land surveys until a recommendation and approval have been obtained from the Planning Commission and City Council respectively. In accordance with the standards and procedures set forth in this chapter. F. The City may refuse to take over tracts as streets or roads or to improve, repair or maintain any tracts of land unless so approved. Subd. 4 Public Hearings and Notices A. Public hearings required by this Chapter and shall be conducted in compliance with state law. B. The applicant or a representative should attend the public hearing. C. The Planning Commission will hold the public hearing and make a recommendation to the City Council for final approval. The City Council may hold additional public hearing(s). D. Notice of the public hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. The notice shall also be mailed to the following entities not less than ten days prior to the date of the hearing: 1. All property owners of record according to the county assessment records within 350 feet of the property. 2. The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within the Shoreland Overlay District. 3. The Commissioner of the State Department of Transportation and the County Engineer if the proposed plat abuts or includes a state trunk highway or a county state aid road. 4. The failure to provide mailed notice to individual property owners, or any defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this chapter has been made and no other state statutes apply. Subd. 5 Deadline for Action A. In compliance with M.S. § 462.358, the City shall take action to preliminarily approve or deny a subdivision application within 120 days following delivery of an application completed in compliance with this Code, unless an extension for the review period has been agreed to by the applicant. B. In compliance with M.S. § 462.358, the City shall certify final approval of a subdivision application within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and the preliminary approval. Subd. 6 Appeals of Decisions. A. Appeal of Zoning Administrator Interpretation. 1. The Planning Commission shall hear and make recommendations to the City Council for any appeals of the Zoning Administrator’s interpretation of this chapter. B. Appeal of City Council Decision. 1. All decisions made by the City Council regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Ramsey County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above. Subd. 7 Successive Applications. No application which has been denied wholly or in part may be resubmitted for one year from the date of its submittal, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator. Subd. 8 Withdrawal of Applications. “Clean version” Chapter 11 Section 1150 Page 3 of 9 A. Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator. B. In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of the application shall not be refunded. Subd. 9 Copies of Plats A. Copies of all subdivision plats and any modifications or phases after that have been submitted and approved as provided in this Chapter, shall be filed and kept among the records of the City. Subd. 10 Prohibition Related to Building Permits. A. No building permit shall be issued for the construction of any building, structure or improvement to any lot unless there has been full compliance with the provisions of this Chapter. . B. No building permit shall be issued for outlots except for City approved public park facilities or essential services. 1150.02 Administrative Lot Line Adjustment Subd. 1 Applicability. An application for an administrative lot line adjustment shall be submitted to the City when any of the following apply: A. Applicant proposes to relocate a property line(s) without increasing or decreasing the number of parcels and where all parcels meet the applicable Zoning Code requirements; or B. Conveyance by metes and bounds. Subd. 2 Requirements. An administrative lot line adjustment may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The lots to be modified are platted lots and meet all applicable requirements of the City Code for individual parcels after modification (including but not limited to lot size, lot width, building setbacks, impervious surface coverage, street adjacency and the like). B. The newly created lot boundaries shall not cross zoning district boundaries. C. The lots shall be contiguous, sharing a common boundary. D. All created lots shall not cross taxing jurisdiction boundaries (city, school district, watershed district and the like). E. All parties with a property interest, including mortgagors, shall consent to the lot line adjustment. F. The lots shall not require or create the need for any public improvements. Subd. 3 Application. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting an administrative lot line adjustment application. B. The application for an administrative lot line adjustment shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 4 Review Process. A. The Zoning Administrator shall review the application and plans and refer them to additional city staff for review as applicable. B. The Zoning Administrator shall approve or deny the application and provide the applicant with written notice of the decision and reasons for approval or denial. 1150.02 Minor Subdivisions of Unplatted Property Subd. 1 General Applicability. A. In the case of a proposed minor subdivision of an unplatted tract of land resulting in three or fewer parcels, in an area where conditions are well defined, the City Council may exempt the subdivider from compliance with all or some of the provisions of this Chapter, except minor subdivisions of commercial or industrial properties must be platted. “Clean version” Chapter 11 Section 1150 Page 4 of 9 B. The provisions from which the subdivision may be exempted shall be specified by the Planning Commission at its first meeting at which the subdivider's application under this paragraph is presented. Subd. 2 Requirements. Such subdivision may be exempted from the platting requirements of this Chapter and may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare, or highway; B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare, or highway, and will not involve the dedication, reservation, or construction of any type of public utility; C.The subdivision will not obstruct future streets which have been planned by the City; D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference; F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; G. The resultant parcels will not have setbacks and dimensions less than those required in the Zoning Code; H. The subdivision will not involve the dedication or reservation of any new easements nor obstruct or modify any existing drainage and utility easements along lot lines and any other easements required by this Chapter. I. A grading plan with drainage calculations shall be submitted if required by the City Engineer. J. The subdivider has complied with the requirements of this chapter which the Planning Commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Subd. 3 Application. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a minor subdivision application. B. The application for a minor subdivision shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 4 Review Process. A. The Zoning Administrator shall review the application and plans then refer them to additional city staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at their next regular meeting, or a special meeting if called. After review the Planning Commission shall make a recommendation to the Council. C. The public hearing requirements shall be exempt for minor subdivisions of unplatted property unless the Planning Commission and Council determines further review is necessary. D. The City Council shall review and approve, approve conditionally, or deny any standards or exemptions to the minor subdivision application for unplatted property. E. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof. 1150.03 Minor Subdivisions or Consolidation of Platted Lots of Record Subd. 1 Applicability. “Clean version” Chapter 11 Section 1150 Page 5 of 9 A. In the case of an application to divide one or more lots platted into lots and blocks and designated in a subdivision plat into one or more separately described parcels, or B. An application for the consolidation of two or more such platted lots or parts thereof into one or more tracts, the City Council, upon review and after reported recommendation of the Planning Commission, may approve the division or consolidation, upon compliance with the following requirements: 1. Survey. The owner(s) of the platted lot(s) to be so divided or consolidated shall file with the Zoning Administrator a survey or registered land survey of the lot(s) to be divided or consolidated. The survey or registered land survey shall be prepared and certified by a Licensed Surveyor. 2. Relation to Zoning Ordinance. The parcels or tracts resulting from the division or consolidation, as depicted in the survey or registered land survey, shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. Public Welfare. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. Conformity. The proposed division or consolidation shall conform to such other requirements of this chapter as the Planning Commission may specify. The City Council may add to or subtract from these requirements any additional requirements which it deems necessary for the protection of the health, safety, general welfare, and convenience of the City, and to secure the objectives of this chapter. Subd. 2 Application. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a minor subdivision application. B. The application for a minor subdivision shall be filed pursuant to Section 1150.01 Subd. 3. Subd. 3 Review Process. A. The Zoning Administrator shall review the application and plans and then refer them to additional city staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at their next regular meeting, or a special meeting if called. After review, the Planning Commission shall make a recommendation to the Council. C. The public hearing requirements of Section 1150.01 Subd. 5 shall apply for minor subdivisions of platted properties of record. D. The City Council shall review and approve, approve conditionally, or deny the minor subdivision application for platted property of record. E. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof. 1150.04 Preliminary Plat Subd. 1 Filings. A. A pre-application meeting is suggested pursuant to Section 1150.01 Subd. 3 (A) prior to submitting a preliminary plat application. B. The application for a preliminary plat shall be filed pursuant to Section 1150.01 Subd. 3. C. Before platting or dividing a tract of land into two or more lots or parcels, an owner or subdivider shall file with the City: “Clean version” Chapter 11 Section 1150 Page 6 of 9 1. Copies of the preliminary plat as required by the City submittal process. 2. The lump sum fee in cash for the entire subdivision. Fees shall be as established in a resolution adopted by the Council. Fees shall be used for expenses of the City in connection with approval or disapproval of the plan and any final plat which may thereafter be submitted. Subd. 2 Review Process. A. The Zoning Administrator shall review the application and plans and refer them to additional City Staff for review as applicable. B. The application will be forwarded to the Planning Commission for review at the next regular meeting, or a special meeting if called. After review the Planning Commission shall make a recommendation to the Council. C. The Planning Commission will hold a public hearing on the preliminary plat application and make a recommendation to the City Council. The Planning Commission may recommend approval, approval subject to conditions, or denial. If the Planning Commission recommends denial, then the reasons for the recommendation shall be stated in the record. D. Following action by the Planning Commission, the City Council will consider the preliminary plat. The City Council may approve, approve with conditions, or disapprove the preliminary plat application. 1. The City Council shall act on the preliminary plan by resolution approving or adopting it within 120 days after following receipt of a complete preliminary plat application unless the subdivider agrees to an extension. 2. If the report of the Planning Commission has not been received within 75 days, after referring the matter to the Planning Commission, the Council may act on the preliminary plan without the report. 3. The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare, and convenience of the City. The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval. E. Findings. The following findings must be made prior to approval of a preliminary plat: 1. That the proposed subdivision is consistent with the Zoning Code; 2. That the proposed subdivision is consistent with all applicable City, county, and regional plans including but not limited to the Comprehensive Plan 3. That the physical characteristics of the site, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site are suitable for the type of development, design, or use contemplated; 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this Chapter. 5. That the design of the proposed subdivision will not cause environmental damage; 6. That the design of the proposed subdivision or the type of improvements is not cause public health problems; 7. That the design of the proposed subdivision or the type of improvements will not conflict with easements of record; 8. That the proposed subdivision, its site, or its design will not adversely affect the flood-carrying capacity of the floodway, increases flood stages and velocities, or increases flood hazards within the floodway fringe or within other areas of the city; 9. The proposed subdivision is consistent with the policies and standards of state-defined Shorelands, Floodplains, and Wetlands; 10. The proposed subdivision is premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. “Clean version” Chapter 11 Section 1150 Page 7 of 9 b. Lack of dedicated and improved public streets. c. Lack of adequate sanitary sewer systems or no ISTS (individual sewer treatment system). d. Lack of adequate off-site public improvements or support systems. 11. The design of the proposed subdivision does not conform to minimum City standards. F. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action stating the conditions of approval or reasons for disapproval and timeline for final plat submission. G. Effect.. If the preliminary plan is approved, approval shall not constitute final acceptance of the subdivision r the improvements. The approval of a preliminary plan by the Council is tentative only, involving merely the general acceptability of the layout as submitted. 1150.05 Final Plat Subd. 1 Application Filing and Incorporation. A. Filing. The owner or subdivider shall file with the City the final plat not later than one year after the date of approval of the preliminary plan. If the final plat application is not filed within this period, the preliminary plat will be considered void unless, for good cause shown, an extension is requested in writing by the subdivider and granted by the City Council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least 30 days prior to the meeting of the City Council at which action is desired. The owner or subdivider shall also submit a final plat prepared in compliance with the county plat manual dated April 1981 as adopted by the county board of commissioners on April 13, 1981, Resolution No. 81-288 and any amendments thereto . Subd. 2 Review Process. A. The Zoning Administrator shall review the application and plans then refer them to additional city staff for review as applicable. B.The final plat shall have incorporated in it all changes or modifications required by the City Council; in all other respects it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this Chapter. C. . D. The public hearing requirements of Section 1150.01 Subd. 5 shall apply for final plats. E. The City Council shall review the final plat and approve or disapprove tit within 60 days following receipt of the complete application. F. The following finding must be made prior to approval of a final plat 1. The plat is not in conflict with the approved preliminary plat or the preliminary plat findings. G. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof and next steps for the subdivision development process. Subd. 3 Reporting and Recording. A. If the final plat is approved by the City Council, the subdivider shall record it with the County Recorder or Registrar of Titles within 60 days after the date of approval; otherwise, the approval of the final plat shall be considered void. B. The subdivider shall, immediately upon recording, furnish the City with at least one physical copy or electronic version of the final plat showing evidence of the recording. C. Effect of Final Plat Decision. 1. After the final plat has been approved by the City Council, the city shall distribute copies of the approved final plat to all affected agencies. A copy of all final plats located in total or in part “Clean version” Chapter 11 Section 1150 Page 8 of 9 within the Shoreland Overlay District shall be submitted to the Commissioner of the State Department of Natural Resources within ten days of the final plat approval. 2. It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval once all conditions of the final plat have been met and required improvements are either installed or a contract and sureties insuring their installation is filed. 3. Failure to record the final plat within one year of final approval shall result in the requiring of a new preliminary plat. This new preliminary plat must be reviewed in accordance with the procedure set out in this part to ensure compliance with any new requirements. 4. Prior to the expiration of any timeframe, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions in up to 12-month increments. 5. If no building permit for the construction of the subdivision has been pulled within two years after the final approval, this shall result in the final plat becoming null and void unless prior to the expiration, the City Council may, upon request of the property owner and by resolution and findings of fact, approve extensions in up to 12-month increments. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the subdivision. The petition shall be presented to the City Council for a decision. If the subdivision becomes null and void a new preliminary plat must be reviewed in accordance with the procedure set out in this section to ensure compliance with any new requirements. 1150.06 Subdivision Variances Subd. 1 The City Council may grant a subdivision variance from the regulations contained in this chapter as part of the plat approval process where an unusual hardship exists. An unusual hardship means that all of the following conditions exist: A. The variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and the Comprehensive Plan. B. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. C. The hardship is not a mere inconvenience. D. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. E. The condition or conditions upon which the request is based are not generally applicable to other party. Subd. 2 Applications. A. Application for any variance shall be in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the City Council, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Council in the analysis of the proposed project.. Subd. 3 Review Process. A. The Zoning Administrator shall review the application and plans and then refer them to additional city staff for review as applicable. B. The City Council shall review and approve or disapprove the subdivision variance application. C. The City Council shall state, in writing, its findings for approval or disapprove. D. Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof and next steps for the subdivision development review process. Subd. 4 Effects of Subdivision Variance Decision A. Violations of the conditions of a subdivision variance shall void the variance. “Clean version” Chapter 11 Section 1150 Page 9 of 9 B. Whenever within one year after granting a subdivision variance the subdivision as permitted by the variance shall not have been completed, then the variance shall become null and void unless a petition for extension of time in which to complete the subdivision has been granted by the City Council. 1. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original subdivision variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the subdivision variance or appeal. The petition shall be presented to the City Council for a decision. 2. A second extension request shall require a new public hearing. C. A subdivision variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial. Page 1 of 1 AGENDA ITEM – 4C MEMORANDUM DATE: August 5, 2026 TO: Planning Commission Chair and Commissioners FROM: Jake Reilly, Community Development Director SUBJECT: PC 26-022 - Ordinance language Amending Chapter 12, Signs (Informational) Requested Action No action is requested at this time. The Planning Commission should consider the drafts revising Chapter 12 – Signs of the City of Arden Hills Code of Ordinances ordinance presented in Attachments A and B in preparation of the public hearing to be held on September 9, 2026. Background Staff and the consultant team have been working to provide informational materials addressing proposed changes to the City of Arden Hills Code of Ordinances related to signs, subdivisions, and Chapter 13 zoning regulations. The Planning Commission must hold a required public hearing for each proposed Ordinance. In order to have time to prepare for the public hearings, scheduled for September, staff is providing copies for review by the planning commission. Staff requests that comments and or questions be directed to staff in order to have sufficient time to address concerns or questions prior to the public hearing. The Planning Commission is asked to consider that the proposed amendments are part of an incremental approach to modernizing the existing code language and any changes that might be considered substantive beyond what is included in the drafts are not part of the scope of this project and will be collected to inform any future amendments. Attachments Attachment A – Chapter 12 – Signs – Redline Attachment B – Chapter 12 – Signs - Clean “Redline version” ATTACHMENT A Chapter 12 Page 1 of 21 Chapter 12 Sign Code 1200. Signage Regulations 1200.01 Introductory Provisions Subd. 1 Purpose and Intent; Findings. A. The purpose and intent of this Sign Code is to: 1. Establish a comprehensive and balanced system of sign regulations to address the number, location, size, placement, duration, type, illumination and certain physical characteristics of all signs placed on private property for public observation that accommodates the need for effective communications, including business identification and to promote the public health, safety, general welfare, and order in all areas of the City. 2. Maintain, enhance, and improve the appearance and aesthetic environment of the City by preventing visual clutter that is harmful while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics. B. It is not the purpose or intent to regulate the message displayed on any sign; nor is it the purpose or intent to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. C. Findings. The City finds it is necessary for the promotion and preservation of public health, safety, welfare, and aesthetics that the construction, location, size, and maintenance of signs be controlled due to the following: 1. Permanent and temporary signs have a direct impact on, and a relationship to the image of the community; 2. The manner of installation, location, and maintenance of signs affects the public health, safety, welfare, and aesthetics of the community; 3. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; and 3.4. Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth. 1200.02 Sign Definitions The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Auxiliary sign. A sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar non-commercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs. Banner. Any temporary sign of lightweight fabric or similar material mounted to a pole or a building at one or more edges (see also Temporary sign and Portable sign) (Figure 1200.02-1). “Redline version” ATTACHMENT A Chapter 12 Page 2 of 21 Figure 1200.02-1 Building Sign Types Billboard. See "Outdoor advertising sign." Canopy/awning sign. A message or logo on an awning or canopy which is constructed according to the requirements of the building code, is an integral part of the building, and is consistent with the architecture and design of the building (see Figure 1200.02-1 above). Commercial message. Any message which identifies a business or product or promotes the sale of any product or service. Drive-through Menu Board Sign. A freestanding exterior sign adjacent to the drive-through lane at a drive-through facility that identifies items for sale at the facility and their associated prices for customers (Figure 1200.02-2). The menu board must comply with §1200.04 of this chapter. “Redline version” ATTACHMENT A Chapter 12 Page 3 of 21 Figure 1200.02-2 Drive-through Menu Board Dynamic Display. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components (Figure 1200.02-3). This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink," or any other method or technology that allows the sign face to present a series of images or displays. Figure 1200.02-3 Dynamic Display “Redline version” ATTACHMENT A Chapter 12 Page 4 of 21 Flag. A piece of cloth or similar material, typically oblong and square, attached by one edge to a pole and used as a symbol, standard, emblem or insignia, or containing text other than that associated with a commercial, business, or economic interest or activity. (see Figure 1200.02-1 above). Freestanding sign. A self-supporting sign usually held up by uprights placed in the ground or any other base that is anchored to the ground (Figure 1200-02-4). Figure 1200.02--4 Freestanding Signs Grand opening. Commencement of operation of a new business. For purposes of the ordinance, a grand opening is considered to occur if there is a business name change or change in type of business or activity. Graphic sign. A sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. Ground flag sign means a temporary banner sign which is located upon or affixed to the ground (see also Temporary sign and Portable sign). Illuminated (lighted) sign. Any sign, which has characters, letters, figures, designs or outlines which is illuminated by an artificial light source. Illumination, backlit. An illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface. Illumination, external. The sign is illuminated by means of external light fixtures directed at the sign. Illumination, internal. An illuminated sign having the source of illumination located inside a translucent panel and is not directly visible. “Redline version” ATTACHMENT A Chapter 12 Page 5 of 21 Incidental sign. Any sign that is generally not understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator of their designee. Manual changeable copy sign. A sign where the lettering/graphic message is not permanently attached to the sign face and is changed manually (Figure 1200.02-5). Figure 1200.02-5 Manual Changeable Copy Sign Monument sign. A freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and is less than 16 feet in height (Figure 1200.02-6). Figure 1200.02-6 Monument Sign Obsolete sign. A sign that no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity and/or for which no legal owner can be found. Obsolete signs include signs associated with non-conforming uses that have been discontinued. “Redline version” ATTACHMENT A Chapter 12 Page 6 of 21 Off-premise sign. A sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site. On-premise sign. A sign whose message is related to the property or the activity and use occurring on the property on which the sign is located. On-premise signs include multi-tenant identification signs that may advertise tenants on different property provided such tenants are within the same approved PUD and parking is shared between properties. Outdoor advertising sign. Any sign that is located outdoors and that is located upon a property other than that of the development or use for which the sign is intended. Outdoor advertising signs are commonly called billboards. An outdoor advertising sign does not include a sign that is not readily understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator or their designee. Permanent sign. Any sign that is not temporary. Portable sign. A temporary sign with or without copy and graphic that is designed or intended to be moved or transported but not including banner signs. Examples of portable signs include, but are not limited to: A-frame or Sandwich board signs, T-frame signs, ground flag signs, signs designed to be transported by trailer or on wheels; and signs mounted on a vehicle for advertising purposes, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business. A sign may be a portable sign even if it has wheels removed, was designed without wheels, or is attached to the ground, a structure, or other sign (see also Banner and Temporary sign) (Figure 1200.02-7). Figure 1200.02-7 Portable Signs “Redline version” ATTACHMENT A Chapter 12 Page 7 of 21 Projecting sign. A sign, other than a wall sign, that is attached to and projects more than 18 inches from the building façade (see Figure 1200.02-1). Public sign. A traffic control sign in Minnesota State Statutes; any identification sign installed in a public park by a public authority; and any other identification, regulatory, or warning sign approved by the City Council for installation on public land. Pylon sign. A freestanding sign that is elevated off the ground by one or more poles (Figure 1200.02-8). Figure 1200.02-8 Pylon Signs Re-facing. The process of replacing the sign copy, message, logo, or graphic on a sign without altering or moving the structure to which the sign face is attached. Roof sign. A sign that is mounted on the roof of a building or on a parapet wall that is above the roof line (see Figure 1200.02-1). Rotating sign. A sign or a portion of a sign which moves in a rotating oscillating or similar manner other than changing signs. Service area canopy. Open air roof-like structure that projects from the wall of a building or is freestanding and is for the purpose of shielding equipment and/or people from the elements; is often found covering service or gasoline station islands. Sign. Any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall also include frames and support structures. Sign height. The distance measured perpendicular from the highest point of the sign structure to the average elevation of the street used for access to the property. Temporary sign. A sign designed to be displayed for a limited period of time that is not permanently affixed to the land or to a structure (See also Banner and Portable sign). “Redline version” ATTACHMENT A Chapter 12 Page 8 of 21 Wall sign. A sign attached to or erected against an exterior wall surface of a building or structure (see Figure 1200.02-1). Window sign. A sign mounted inside of a building within the window area that is applied or fastened to the window in a manner that is intended to be viewed from outside the building (see Figure 1200.02-1). 1200.03 General Regulations Subd. 1 All signs within this subsection shall comply with the following: A. A sign shall be considered as a structure or a part of a structure and subject to area, height and location requirements of this chapter except as hereinafter stipulated. B. All signs shall be designed, constructed, and maintained in accordance with the following standards: 1. All signs shall comply with applicable provisions of the Building Code and Electrical Code. 2. All signs shall be constructed of durable materials and shall be permanently attached. 3. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. 4. Activities considered normal maintenance and repair such as replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts, or washers; painting the pole of freestanding signs; and painting the cabinet of freestanding signs or building signs shall not require a permit. C. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. D. No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the City. C.E. Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. Subd. 2 Sign Area Calculation. A. The area of a sign is determined by the Zoning Administrator, using actual dimensions where practical or approximate dimensions when irregularity of a sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below: 1. Formula A: If channel letters and symbols are used, the sign area is the sum of the area of two contiguous rectangles, squares, or circles that enclose the extreme points or edges of all copy, logos, and symbols of said sign (Figure 1200.03-1). “Redline version” ATTACHMENT A Chapter 12 Page 9 of 21 Figure 1200.03-1 Sign Area Formula A 2. Formula B: If channel letters are not used, the sign area is the area of one rectangle, square, or circle that encloses the extreme points or edges of all areas where copy may be placed on a sign together with any material or color forming an integral part of the background of the display or used to differential the sign from the backdrop or structure against which it is placed. This area does not include structural or architectural features of the sign where copy will not be located (Figure 1200.03-2). Figure 1200.03-2 Sign Area Formula B Subd. 3 Illuminated Signs. A. All lighted signs including those with backlit, internal, and external illumination, shall be subject to the provisions of the State Electrical Code and shall comply with the underwriter’s standard as defined in the current Underwriter Laboratories Standard for safety, electric sign. B. Illumination for all static signs shall be constant and steady, when illuminated and not be excessively bright as determined by the City. “Redline version” ATTACHMENT A Chapter 12 Page 10 of 21 C. No illuminated sign shall reflect or direct light onto adjacent properties or public streets. D. All illuminated signs must meet the following brightness standards: 1. All illuminated signs shall meet Subsection 1350.08. 2. No illuminated sign may be of such intensity or brilliance as to impair or interfere with the vision of a motor vehicle driver or effectiveness of an official traffic sign, device, or signal. 3. Signs which use light fixtures on exterior surfaces shall not cause illumination or glare in excess of one-half foot-candle measured at the street curbany property line. 4. The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the City’s instructions. The adjustment must be made immediately upon notice of noncompliance from the City. 5. All signs that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. 1200.04 Prohibited Signs. Subd. 1 The following signs shall be prohibited in all districts: A. Signs with moving, swinging, revolving, or rotating parts ; B. Roof signs; C. Projecting signs; D. Portable signs that do not meet the requirements in section 1200.05.1.E. E. Signs in the public right-of-way except as provided for in Minnesota Statutes, or allowed by the agency regulating the right-of-way; F. Signs attached to public utility poles, trees, street signs, stoplights, or fences; G. Permanent off-premise signs, including outdoor advertising signs; H. Signs in the clear vision area; I. Signs imitating traffic control signs. (i.e. signs which are designed to resemble official traffic signs except they are used to control traffic on private property); J. Any sign not constructed, wired, assembled, attached, or supported in conformance with this Section, applicable building codes, and other regulations; K. Signs with content classified as "obscene" as defined by Minnesota Statutes, section 617.241; and L. Signs on private property without owner’s permission. M. Sign lighting or sign technology not specifically listed as permitted in this Chapter shall be prohibited. 1200.05 Exempt Signs allowed without a permit. Subd. 1 The following signs shall not requireare allowed without a permit and are allowed in addition to those signs allowed by this chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter, or any other law or ordinance regulating the same. “Redline version” ATTACHMENT A Chapter 12 Page 11 of 21 A. Government Signs. All governmental signs, including but not limited to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs, and railroad crossing signs erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in this state . B. All signs posted or displayed in accordancecompliance with Minnesota Statutes, Section 211B.045. C. Address Signs.Numerals that identify the address of the property Address identification not exceeding four square feet in area for each structure or portion of a structure with an assigned address. StreetAddress identification numbers are required in all sign districts and should be clearly visible from the public street. D. Auxiliary Signs. 1. Residential properties shall be permitted up to four square feet per sign; not to exceed a total of eight square feet for all auxiliary signs. The signs shall not be illuminated. 2. Nonresidential properties shall be permitted up to eight square feet per sign; not to exceed a total of 40 square feet for all auxiliary signs. E. Portable signs. Portable A-frames, Sandwich board, T-frame, ground flag or other similar portable signs that do not exceed six square feet in size and are not illuminated if located within 15 feet of the primary entrance to the business it is advertising and displayed only during the hours of business operation. No more than two of these signs shall be in place for each tenant at any given time. Portable signs must be brought indoors at or before the close of the business for the day. F. Graphic Signs. Permitted only on multi-unit dwellings or non-residential buildings, provided they do not exceed 25% of the wall area they are located. G. Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated. H. Window Signs. Window signs that are inside of a building shall not exceed 35% of the window area in which it is being displayed, or 5% of the total building façade. I. Non-commercial Signs. Any sign, display, or device allowed under this section may contain, in lieu of other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. 1200.06 Temporary Sign Regulations Subd. 1 Temporary On-premise Signs. A. All temporary on-premise signs shall require an approved sign permit prior to placing the sign and shall conform to the following: 1. Temporary Sign Area. Temporary signs shall not exceed 32 square feet in area. 2. Temporary Sign Height. A temporary sign shall not exceed the freestanding height limits listed in Table 1200.08-1 for a permanent sign of a particular sign type in a given district. This shall include inflatable signs and balloons. 3. Quantity and Duration. No more than one temporary sign per tenant shall be displayed at any one time. No more than four temporary sign permits shall be issued per calendar year, per tenant, and permits for the display of such signs shall be valid for up to 14 days. Up to two occasions may be used consecutively. At no time shall a temporary sign permit be valid for more than 28 days. “Redline version” ATTACHMENT A Chapter 12 Page 12 of 21 4. Removal. All such signs shall be removed from the premises no more than one working day following the expiration of the permit. 5. Nontransferable. Temporary sign permits are nontransferable to other properties or establishments on the same property. 6. Placement. Temporary signs shall not create a hazard to pedestrians or vehicles. Freestanding temporaryPortable signs shall be placed such that there is a minimum of 36 48 inches of unobstructed sidewalk clearance between it and any other building or obstruction. The permitted location of all temporary signs is subject to change as determined by the Zoning Administrator in order to protect the public health, safety, and welfare. 7. Illumination. A temporary sign shallmust not be illuminated. 8. Mounds View High School, Bethel University, and Northwestern College Banner Signs. Temporary banner signs for athletic fields at Mounds View High School, Bethel University, and Northwestern College shall be exempt from the provisions of this section and shall comply with the applicable provisions in 1200.07. B. Single occupant parcels. 1. No more than one temporary sign shall be permitted at any one time. 2. The area of the temporary signage shall not exceed one half of the permitted sign area as allowed in Table 1200.08-1 for a particular sign type in the underlying sign district. 3. Freestanding temporaryPortable signs shall only be permitted in districts where freestanding signs are permitted as allowed in Table 1200.08-1. If a conforming freestanding sign is already in place, the temporary freestanding sign shall be attached to or near to the existing freestanding sign. C. Multi-tenant parcels. Each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building, and direct access to the outside qualifies for temporary signage as follows: 1. Each business shall not have more than one wall or freestanding temporary sign at a time. 2. The total temporary wall sign area for each tenant shall not exceed one half of the permitted permanent wall sign area as allowed in Table 1200.08-1. 3. The total area of all temporary freestanding signage for the parcel shall not exceed one half of the permitted area of permanent freestanding signage for the parcel as allowed in Table 1200.08-1. 4. The City may delegate authority to the property owner or designee to determine the total permitted temporary sign area per tenant, subject to the maximum allowable area.The total permitted temporary freestanding sign area shall be allocated by the property owner or their designee among its tenants. 5. Sign permits shall not be transferrable to other business establishments. D. Grand Openings. New businesses with grand openings are eligible for one additional temporary sign permit of any type permitted in the underlying sign district with an approved permit. The sign may be in place for up to 30 days provided all other requirements in this section are met and the required permits are obtained. This eligibility shall expire six months after the business opens. E. Vacant Space. Buildings or parcels with space for sale or lease may obtain a temporary sign permit for one temporary wall or monument sign that expires seven days after the building or parcel is leased or sold. “Redline version” ATTACHMENT A Chapter 12 Page 13 of 21 1. A wall sign shall not exceed 25 square feet in size and shall be used in place of a permanent wall sign. 2. A freestanding sign shall not exceed 15 square feet in size and shall be attached or immediately adjacent to an existing freestanding sign. All other provisions in this section shall apply. Subd. 2 Temporary Off-premise Signs. A. Each residential property is allowed up to five freestanding, temporary, signs provided the signs meet the standards of this section: 1. Location. Temporary signs must be placed solely on private property and must maintain a minimum two-foot setback from public sidewalks and roadways. 2. Sign Number Limit. Signs shall be four square feet or less in size, and less than four feet high; 3. Signs shall not be illuminated; 4. Permission. The sign owner shall obtain permission from the property owner to place a sign on their property. The property owner may withdraw that permission at any time. i. Failure to obtain permission may result in removal of the sign. ii. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). 5. Additional signs during election periods: i. Election period. An election period begins 46 days prior to a state primary and ten days following an election conducted under federal, state, county, or city laws or ordinances in which residents of the city are entitled to vote. ii. Number of signs permitted. An unlimited number of temporary signs are allowed. iii. Setbacks. Signs must be set back a minimum of six feet from the edge of any roadways and shall not interfere with vehicle or pedestrian visibility. Signs placed on corner lots shall not obstruct views to or from the roadway. 6.5. The City of Arden Hills shall not be responsible for damage to or removal of any signs placed in the right-of-way. 1200.07 Temporary Banner Signs for Athletic Fields at Mounds View High School, Bethel University, and University of NorthwesternTemporary signs within athletic fields. Subd. 1 Athletic fields at Mounds View High School, Bethel University, and Northwestern College may be permitted to have temporary banner signs attached to the fences of their athletic fields provided that such signage faces the field of play so that the impact of the signage is directed only to those using the field or watching the sporting event, andevent and not surrounding property owners. A. To the greatest extent possible such signage shall not obstruct sightlines to the athletic field for those watching the sporting event from the bleachers or other designated viewing areas. B. The temporary banner signage must be approved by Mounds View High School, Bethel University, or University of Northwestern for their respective athletic fields. C.B. The Zoning Administrator shall determine if the signage is visible from a public roadway or from property outside the property lines of Mounds View High School, Bethel University, and University of Northwestern the athletic field. If found to be “Redline version” ATTACHMENT A Chapter 12 Page 14 of 21 visible, the signs shall comply with the following size limitations and shall follow the sign permit process as described below: 1. Permit Requirements. Sign permits shall not be required for individual banner signs but shall be required where a new group massing of signage is requested. 2. Individual Sign Area. Temporary banner signs shall not exceed 50 square feet each. 3. Total Signage Area. The temporary banner sign shall not exceed a massing of over 960 square feet in one area or a total of 2,000 square feet. 4. Time Limit. Temporary banner signs shall not be displayed for more than 90 consecutive days or more than 180 days during the calendar year. 5. Compliance. The applicant shall demonstrate compliance with the provisions of this section (including but not limited to: the dimensions of individual banner signs, the dimensions of that group of banner signs, and the total square feet of temporary banner signs). 1200.08 Permanent Sign Regulations Subd. 1 All Permanent Signs. A. All permitted permanent signs shall conform to the general regulations in section 1200.03 and following applicable standards and Table 1200.08-1 Permanent Sign Standards. Table 1200.08-1 Permanent Sign Standards Zoning District Permitted Sign Type Total Permitted sign area Minimum Sign Area Maximum Height R1 & R2 Districts Any 8 sf N/A R3 & R4 Districts Any 20 sf N/A Non-Residential Uses in a Residential District Wall 20% of the wall area, not to exceed 100 sq. ft. total 30 sf N/A Freestanding 50 sf 10ft B1 District and Commercial, Institutional or Industrial uses fronting on:  County Road E  Lexington Ave.  Highway 96 Wall 20% of the wall area, not to exceed 150 sq. ft. total; or 50 sq. ft minimum 80 sf N/A Freestanding 60 sf 20 ft I FLEX & Gateway Districts Wall 20% of the wall area, not to exceed 150 sq. ft. total 60 sf N/A “Redline version” ATTACHMENT A Chapter 12 Page 15 of 21 Freestanding 80 sf 20 ft Neighborhood Business District Wall 20% of the wall area, not to exceed 150 sq. ft. total 50 sf N/A Freestanding 60 sf 15 ft TCAAP area without frontage on Highway 96 Wall 20% of the wall area, not to exceed 150 sq. ft. total 30 sf N/A B. Freestanding Signs. 1. Properties that front more than one street shall be permitted to have more than one freestanding sign provided that each additional freestanding sign does not exceed half the size of the maximum sign area allowed for a freestanding sign in the applicable district. 2. The sign area of a freestanding sign shall only be calculated using one side of the sign. If the two sides are different sizes, the larger side shall be used for determining the sign area. 3. Freestanding signs shall be located at least five feet from any property line and no part of a freestanding sign shallmay not project over the property line. C. Multi-tenant buildings or sites shall be permitted: 1. One wall sign up to the total permitted signage area in Table 1200.08-1. i. The total wall sign area shall be calculated for each individual business establishment that has exclusive use of a building façade, some portion of the street, or direct access to the outside. 2. The permitted freestanding sign area shall be associated with the main parcel, with the tenant signage allocated by the property owner meeting the maximum signage areas allocated in Table 1200.08-1. Subd. 2 Sign Design. 1. Business signsSigns shall be architecturally compatible with the style, materials, colors and details of the building. 2. Signs shall be incorporated into the façades of the buildings rather than extending into the roof line and should not project more than 12 inches above the plane of the façades. 3. Wall signs for Rretail business wall signsuses shallmust be located in a position above the front window. In multi-tenant buildings, signs shall be located in a consistent position along the plane of the façades. that is located consistently among stores. 4. Wall signs shall not extend more than 18 inches out from the wall to which they are attached. Subd. 3 Special Permanent Sign Regulations. A. Awnings and Canopies. No part of an awning or sun canopy shall be less than eight feet or greater than 12 feet above grade. The fabric or material used for the awning or canopy must be opaque and no illumination is permitted. “Redline version” ATTACHMENT A Chapter 12 Page 16 of 21 B. Service Area Canopy. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated, but no other part of the face of the canopy shall be illuminated. C. Manual Changeable Copy Sign. No more than 35 percent of the actual sign area of a permitted sign in a nonresidential sign district shall be capable of displaying messages or copy that can be changed manually. The remainder of the sign area shall not have the capability to change messages even if not used. D. Adult Use Signs. In addition to this Chapter, all signs for adult-oriented use-orienteds signs shall comply with the sign requirements in Chapter 1340 Use-Specific Standards. Where any provisions of this Chapter conflict, the provision that is more stringent shall be applied. Subd. 4 Dynamic Display Signs. A. Dynamic displays on signs are allowed as described herein, except as prohibited by state or federal law, and with certain standards and restrictions to ensure health, safety, and welfare. B. Any sign using a dynamic display, in whole or in part, must meet the following standards: 1. Dynamic display signs shall be permitted for nonresidential uses abutting a major arterial or collector street. No dynamic display sign shall be erected facing or located on a lot line adjacent to a property used for residential. 2. Dynamic display signs shall only be permitted on freestanding signs. 3. Only one, contiguous dynamic display area is allowed on a sign face. The dynamic display may occupy no more than 40% of the actual sign copy area. The remainder of the sign must not have the capability to have dynamic displays. 4. Speakers and/or any audio component is prohibited. The sign shall not emit any sound. 5. No portion of the sign may change or have the background in a manner of displaying or characterizing motion, including flashing, scrolling, twirling, change in color, illusion of moving objects, moving patterns, or bands of light or expanding or contracting shapes, fluctuating in light intensity or use intermittent, strobe, bursts, or moving light, streams, zooms, twinkles, and/or sparkles. Any manner that creates the illusion of movement other than permitted transitions is prohibited. 6. Duration. On any portion of the sign that changes, the dynamic display must have a minimum static duration of 10 seconds. 7. Transition. On any portion of the sign that changes, the change sequence must be accomplished by means of instantaneous transition. Fading, dissolving, scrolling, traveling, or any transition that creates the illusion of movement is prohibited. 8. Brightness. The dynamic display sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. 9. Dimmer Control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise. “Redline version” ATTACHMENT A Chapter 12 Page 17 of 21 10. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately turn off the dynamic display when notified by the city that it is not complying with the standards of this chapter. 11. Dynamic displays must comply with the outdoor lighting standards contained in Section 1360.08. C. Drive-upthrough Window Menu Board. 1. Location. All drive-upthrough menu board signs shall be single sided and located adjacent to the drive- upthrough lane and shall not be located in any required setback. Signs may be affixed to the building. 2. Height. A drive-upthrough menu board sign shall not exceed 8 feet above grade in height. 3. Size. A drive-upthrough menu board sign shall not exceed 40 square feet. 4. Number. Up to two drive-upthrough menu board signs are permitted per lane. The total surface area of the two signs shall not exceed 40 square feet each. 5. A drive-upthrough menu board signs shall comply with the following standards: i. The images, colors, and text may not change more than five times per day; ii. All images, colors, and text shall be static with no flashing, scrolling, or animation; iii. At any time the business or drive-through window is closed to the public, any drive- through menu board sign shall be turned off until the business or drive- through window is open to the public. iv. Signs with speakers or intercoms shall be designed and located in a manner to direct noise away from adjoining properties. Speaker noise shall not be audible to adjacent residential properties. v. The sign(s) shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the lane. Subd. 5 Permanent Signs at Mounds View High School, Bethel University, and University of Northwesternhigh school and university uses. A. Permitted Permanent Signs for Athletic Fields. 1. Athletic fields at Mounds View High School, Bethel University, and University of Northwestern may be permitted to have permanent signage at athletic fieldsthat complies with this subdivision. 2. Such signage shall not be lit by a direct lighting source. 3. Signs may be an entrance gate style sign, signage affixed directly to a press box/grandstand, or signage included on the scoreboard. 4. Such signage shall be constructed of durable materials (finished metal, finished wood, plastic). 5. The Zoning Administrator shall determine if the signage is visible from a public roadwaystreet or from property outside of Mounds View High School, Bethel University, and University of Northwesternthe property lines. If found to be visible, the following signs shall comply with the following size limitations and obtain a sign permit : i. Sign Area. The signage area of at any entrance gate signs shall not exceed 30 square feet, the signage area of press box/grandstand signage shall not exceed 80 square feet, and scoreboard field naming signage shall not exceed 40 percent of the total scoreboard area. “Redline version” ATTACHMENT A Chapter 12 Page 18 of 21 ii. Total Sign Area. The cumulative total of permanent signage shall not exceed 200 square feet. iii. Sign Permit Required. A sign permit is required prior to the installation of any new permanent signage. B. Scoreboard Signs for Athletic Fields. 1. Athletic fields at Mounds View High School, Bethel University, and University of Northwestern may be permitted to have permanent scoreboard signage at athletic fields that is clearly secondary to the overall appearance of the scoreboard. 2. Such signage shall face the field of play so that the impact of the signage is directed only to those using the field or watching the sporting event and not surrounding property owners. 3. The scoreboard signage shall comply with the sponsorship sign regulations as established by Mounds View Public Schools, Bethel University, and University of Northwestern, for their respective athletic fields. 4. The Zoning Administrator shall determine if the signage is visible from a public roadway or from property outside of Mounds View High School, Bethel University, and University of Northwestern the property lines. If found to be visible, the signs shall comply with the following size limitations and obtain a sign permit: i. Sign Area. Scoreboard signage shall not exceed 30 percent of the total scoreboard area, nor shall any one scoreboard sign exceed 15 percent of the total scoreboard area. ii. Sign Permit Required. A sign permit is required prior to the installation of any new scoreboard signs. 1200.09 Sign Standard Adjustments Subd. 1 Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with an application for Site Plan Review or a Planned Unit Development process. A. In order to approve any sign standard adjustment, the following criteria shall be satisfied: 1. The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use; and 2. One of the following applies: i. There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; or ii. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; and. 1200.10 Non-Conforming Signs Subd. 1 It is the intent of this Chapter thatA sign that is legally established upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon such date except as specified in this section. No non-conforming signs shall not be enlarged or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this Chapter to permit legal non-conforming signs to remain provided that such signs are safe, maintained so as not to “Redline version” ATTACHMENT A Chapter 12 Page 19 of 21 be unsightly, and have not been abandoned, which means remains without a message or whose display surface remains blank for more than one year or that pertains to a time, event or purpose that no longer applies, or removed subject to the following provisions and Section 1320.06: A. Non-conforming Sign Continuance. The use of A legal non-conforming sign may be continued through repair, replacement, restoration, maintenance, or improvement but shall not be expanded, or moved or relocatedto a new location. B. Non-conforming Sign Discontinuance. If the use of the non-conforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this Chapter. C. Non-conforming Sign Damaged or Destroyed. Should such non-conforming sign or sign structure be damaged or destroyed by any means to an extent greater than 50 percent of its market value or structure and all required permits for its reconstruction have not been applied for within 180 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this Chapter. D. Sign Regulation Conformance. Should such sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. E. Loss of Non-conforming Land Use. An existing sign devoted to a use not permitted by the Section 1320, Zoning Ordinance in the zoning district in which it is located, shall not be enlarged, expanded, or moved except in changing the sign to a sign permitted in the sign district in which it is located. 1200.11 Permit and Review Process Subd. 1 Permit Required. A. Except for those signs listed in Section 1200.05Unless excepted by this Chapter, no sign shall be erected, altered, reconstructed, maintained, moved, or enhanced in the City without first obtaining a sign permit from the City. B. The content of the message or speech displayed on the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to evaluate the sign copy area and to restrict permanent off-premise signs. C. For any sign that requires a permit, the following activities shall not be considered normal maintenance and repair and a permit shall be required: 1. Re-facing a sign, except for the text on a manual changeable copy sign. 2. Removing the sign for the repair of the cabinet or any part thereof. 3. Changes made to a sign's size or illumination, including, but not limited to, height, width, weight, area, or adding or removing illumination. 4. Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign to a new location, or replacement of the interior or exterior cabinet frame, except the sign face. D. Building Permit. A building permit may be required for any signs involving the construction of or changes to a sign structure and/or electrical connections as determined by the Building Official. Subd. 2 Application and Review Process. A. An application for a sign permit shall be supplied on the City's official sign application. 1. An applicant may submit one application for multiple signs. “Redline version” ATTACHMENT A Chapter 12 Page 20 of 21 2. A new sign permit is required anytime a change to one or more signs is proposed. B. The Zoning Administrator shall approve or deny the sign permit application in an expedited manner, no more than 30 days from the receipt of the completed application, including applicable fees. C. All permits not reviewed within 30 days shall be deemed approved. D. Applicants shall be notified in writing if the application is denied, including the reasons for denial. Subd. 3 Appeals Process. A. Appeals of the decision of the Zoning Administrator shall be made to the Planning Commission in writing within 15 days of the confirmed delivery of the denial letter for the sign permit application. B. The Planning Commission shall hold a public hearing as soon as practicable but not more than 45 days after confirmed receipt of the appeal to review the appeal and make a recommendation to the City Council. C. The City Council shall review the Planning Commission's recommendation as soon as practicable but not more than 45 days after the Planning Commission's recommendation. Subd. 4 Fees. Sign permit fees and the impoundment fee shall be set by the City Council by ordinance on an annual basis. 1200.12 Inspection & Enforcement. A. Inspection Authority. All signs shall be subject to inspection by a city official, who is hereby authorized to enter upon any property of premise to ascertain whether the provisions of this Chapter are being obeyed. Such entrance shall be made during business hours unless an emergency exists. B. Abandoned signs. Any abandoned sign shall be removed or otherwise properly brought into compliance by the property owner upon receipt of notice to do so given by the Zoning Administrator. B.C. Obsolete Signs. Any sign which no longer advertises a bona fide business, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which sign may be found within 30 days after written notification from the city official. Upon failure to comply with such notice within the time specified in such order, the city council may declare the sign to be a public nuisance, remove it, and assess the cost of removal to the property ownerAny unsafe sign shall be removed or otherwise properly secured by the property owner upon receipt of notice to do so given by the Zoning Administrator. No unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the city. C.D. Illegal or nonconforming temporary signs. Any temporary sign that is found to be illegal or nonconforming shall be removed by the property owner within three days of written notification from the cityzoning administrator. Failure to comply with such notice shall be a misdemeanor. Upon failure to remove within the time specified in such order, the sign is declared to be a public nuisance and may be removed by the city. D.E. Signs in Disrepair. The city official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this ordinance. Upon failure to comply with such notice within the time specified in such order, the City Council may declare the sign to be a public nuisance, impound it, and assess the “Redline version” ATTACHMENT A Chapter 12 Page 21 of 21 cost of removal to the sign owner or the sign owner's agentSigns constituting a public nuisance. Any abandoned, illegal or unsafe sign is hereby declared to be a danger to the health, safety and welfare of the citizens of the city, and is declared to be a public nuisance, subject to abatement and assessment as provided in Chapter 6, except that legally established nonconforming signs shall not be abated until they have been abandoned for more than one year. E.F. Impoundment of Signs on Public Property or Within Public Right-of-way. The city official may, at any time and without notice, impound signs that have been installed on public property, within a public right-of-way, or within a public easement that are in violation of this Chapter. The sign owner or their agent may retrieve an impounded sign subject to the following rules: 1. Any impounded sign may be retrieved from the impound area within three business days of the impoundment or the city may dispose of it. 2. The impound area can be located by contacting City Hall. 3. Any cost incurred by the City for disposal of an impounded sign may be assessed to the sign owner or the sign owner's agent , as described in the city’s adopted fee schedule. 4. Payment of an impoundment release fee. Any subsequent impoundment(s), within one calendar year, for a particular property or sign owner will require payment of double the initial impoundment release fee. 5. The City shall have no obligation to notify a property owner that it has impounded a sign. 6. The City shall not be held liable for any damage to an impounded sign. 1200.13 Message Substitution. Subd. 1 The owner of any sign that is otherwise allowed by this chapter may substitute a noncommercial copy or message in lieu of any other commercial or noncommercial sign copy or message without additional approval or permitting subject to the operational standards set forth in this chapter. Subd. 2 The purpose of this provision is to prevent any inadvertent favoring of commercial speech or message over noncommercial speech or message. 1200.14 Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this sign subchapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this subchapter. “Clean version” ATTACHMENT B Chapter 12 Page 1 of 20 Chapter 12 Sign Code 1200. Signage Regulations 1200.01 Introductory Provisions Subd. 1 Purpose and Intent; Findings. A. The purpose and intent of this Sign Code is to: 1. Establish a comprehensive and balanced system of sign regulations to address the number, location, size, placement, duration, type, illumination and certain physical characteristics of all signs placed on private property for public observation that accommodates the need for effective communications, including business identification and to promote the public health, safety, general welfare, and order in all areas of the City. 2. Maintain, enhance, and improve the appearance and aesthetic environment of the City by preventing visual clutter that is harmful while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics. B. It is not the purpose or intent to regulate the message displayed on any sign; nor is it the purpose or intent to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. C. Findings. The City finds it is necessary for the promotion and preservation of public health, safety, welfare, and aesthetics that the construction, location, size, and maintenance of signs be controlled due to the following: 1. Permanent and temporary signs have a direct impact on, and a relationship to the image of the community; 2. The manner of installation, location, and maintenance of signs affects the public health, safety, welfare, and aesthetics of the community; 3. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; and 4. Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth. 1200.02 Sign Definitions The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Auxiliary sign. A sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar non-commercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs. Banner. Any temporary sign of lightweight fabric or similar material mounted to a pole or a building at one or more edges (see also Temporary sign and Portable sign) (Figure 1200.02-1). “Clean version” ATTACHMENT B Chapter 12 Page 2 of 20 Figure 1200.02-1 Building Sign Types Billboard. See "Outdoor advertising sign." Canopy/awning sign. A message or logo on an awning or canopy which is constructed according to the requirements of the building code, is an integral part of the building, and is consistent with the architecture and design of the building (see Figure 1200.02-1 above). Commercial message. Any message which identifies a business or product or promotes the sale of any product or service. Drive-through Menu Board Sign. A freestanding exterior sign adjacent to the drive-through lane at a drive-through facility that identifies items for sale at the facility and their associated prices for customers (Figure 1200.02-2). The menu board must comply with §1200.04 of this chapter. “Clean version” ATTACHMENT B Chapter 12 Page 3 of 20 Figure 1200.02-2 Drive-through Menu Board Dynamic Display. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components (Figure 1200.02-3). This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink," or any other method or technology that allows the sign face to present a series of images or displays. Figure 1200.02-3 Dynamic Display “Clean version” ATTACHMENT B Chapter 12 Page 4 of 20 Flag. A piece of cloth or similar material, typically oblong and square, attached by one edge to a pole and used as a symbol, standard, emblem or insignia, or containing text other than that associated with a commercial, business, or economic interest or activity. (see Figure 1200.02-1 above). Freestanding sign. A self-supporting sign usually held up by uprights placed in the ground or any other base that is anchored to the ground (Figure 1200-02-4). Figure 1200.02--4 Freestanding Signs Grand opening. Commencement of operation of a new business. For purposes of the ordinance, a grand opening is considered to occur if there is a business name change or change in type of business or activity. Graphic sign. A sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. Ground flag sign means a temporary banner sign which is located upon or affixed to the ground (see also Temporary sign and Portable sign). Illuminated (lighted) sign. Any sign, which has characters, letters, figures, designs or outlines which is illuminated by an artificial light source. Illumination, backlit. An illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface. Illumination, external. The sign is illuminated by means of external light fixtures directed at the sign. Illumination, internal. An illuminated sign having the source of illumination located inside a translucent panel and is not directly visible. “Clean version” ATTACHMENT B Chapter 12 Page 5 of 20 Incidental sign. Any sign that is generally not understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator of their designee. Manual changeable copy sign. A sign where the lettering/graphic message is not permanently attached to the sign face and is changed manually (Figure 1200.02-5). Figure 1200.02-5 Manual Changeable Copy Sign Monument sign. A freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and is less than 16 feet in height (Figure 1200.02-6). Figure 1200.02-6 Monument Sign Off-premise sign. A sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site. “Clean version” ATTACHMENT B Chapter 12 Page 6 of 20 On-premise sign. A sign whose message is related to the property or the activity and use occurring on the property on which the sign is located. On-premise signs include multi-tenant identification signs that may advertise tenants on different property provided such tenants are within the same approved PUD and parking is shared between properties. Outdoor advertising sign. Any sign that is located outdoors and that is located upon a property other than that of the development or use for which the sign is intended. Outdoor advertising signs are commonly called billboards. An outdoor advertising sign does not include a sign that is not readily understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator or their designee. Permanent sign. Any sign that is not temporary. Portable sign. A temporary sign with or without copy and graphic that is designed or intended to be moved or transported but not including banner signs. Examples of portable signs include, but are not limited to: A-frame or Sandwich board signs, T-frame signs, ground flag signs, signs designed to be transported by trailer or on wheels; and signs mounted on a vehicle for advertising purposes, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business. A sign may be a portable sign even if it has wheels removed, was designed without wheels, or is attached to the ground, a structure, or other sign (see also Banner and Temporary sign) (Figure 1200.02-7). Figure 1200.02-7 Portable Signs Projecting sign. A sign, other than a wall sign, that is attached to and projects more than 18 inches from the building façade (see Figure 1200.02-1). “Clean version” ATTACHMENT B Chapter 12 Page 7 of 20 Public sign. A traffic control sign in Minnesota State Statutes; any identification sign installed in a public park by a public authority; and any other identification, regulatory, or warning sign approved by the City Council for installation on public land. Pylon sign. A freestanding sign that is elevated off the ground by one or more poles (Figure 1200.02-8). Figure 1200.02-8 Pylon Signs Re-facing. The process of replacing the sign copy, message, logo, or graphic on a sign without altering or moving the structure to which the sign face is attached. Roof sign. A sign that is mounted on the roof of a building or on a parapet wall that is above the roof line (see Figure 1200.02-1). Rotating sign. A sign or a portion of a sign which moves in a rotating oscillating or similar manner other than changing signs. Service area canopy. Open air roof-like structure that projects from the wall of a building or is freestanding and is for the purpose of shielding equipment and/or people from the elements; is often found covering service or gasoline station islands. Sign. Any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall also include frames and support structures. Sign height. The distance measured perpendicular from the highest point of the sign structure to the average elevation of the street used for access to the property. Temporary sign. A sign designed to be displayed for a limited period of time that is not permanently affixed to the land or to a structure (See also Banner and Portable sign). Wall sign. A sign attached to or erected against an exterior wall surface of a building or structure (see Figure 1200.02-1). “Clean version” ATTACHMENT B Chapter 12 Page 8 of 20 Window sign. A sign mounted inside of a building within the window area that is applied or fastened to the window in a manner that is intended to be viewed from outside the building (see Figure 1200.02-1). 1200.03 General Regulations Subd. 1 All signs within this subsection shall comply with the following: A. A sign shall be considered as a structure or a part of a structure and subject to area, height and location requirements of this chapter except as hereinafter stipulated. B. All signs shall be designed, constructed, and maintained in accordance with the following standards: 1. All signs shall comply with applicable provisions of the Building Code and Electrical Code. 2. All signs shall be constructed of durable materials and shall be permanently attached. 3. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. 4. Activities considered normal maintenance and repair such as replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts, or washers; painting the pole of freestanding signs; and painting the cabinet of freestanding signs or building signs shall not require a permit. C. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. D. No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the City. E. Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. Subd. 2 Sign Area Calculation. A. The area of a sign is determined by the Zoning Administrator, using actual dimensions where practical or approximate dimensions when irregularity of a sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below: 1. Formula A: If channel letters and symbols are used, the sign area is the sum of the area of two contiguous rectangles, squares, or circles that enclose the extreme points or edges of all copy, logos, and symbols of said sign (Figure 1200.03-1). “Clean version” ATTACHMENT B Chapter 12 Page 9 of 20 Figure 1200.03-1 Sign Area Formula A 2. Formula B: If channel letters are not used, the sign area is the area of one rectangle, square, or circle that encloses the extreme points or edges of all areas where copy may be placed on a sign together with any material or color forming an integral part of the background of the display or used to differential the sign from the backdrop or structure against which it is placed. This area does not include structural or architectural features of the sign where copy will not be located (Figure 1200.03-2). Figure 1200.03-2 Sign Area Formula B Subd. 3 Illuminated Signs. A. All lighted signs including those with backlit, internal, and external illumination, shall be subject to the provisions of the State Electrical Code and shall comply with the underwriter’s standard as defined in the current Underwriter Laboratories Standard for safety, electric sign. B. Illumination for all static signs shall be constant and steady, when illuminated and not be excessively bright as determined by the City. “Clean version” ATTACHMENT B Chapter 12 Page 10 of 20 C. No illuminated sign shall reflect or direct light onto adjacent properties or public streets. D. All illuminated signs must meet the following brightness standards: 1. All illuminated signs shall meet Subsection 1350.08. 2. No illuminated sign may be of such intensity or brilliance as to impair or interfere with the vision of a motor vehicle driver or effectiveness of an official traffic sign, device, or signal. 3. Signs which use light fixtures on exterior surfaces shall not cause illumination or glare in excess of one-half foot-candle measured at any property line. 4. The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the City’s instructions. The adjustment must be made immediately upon notice of noncompliance from the City. 5. All signs that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. 1200.04 Prohibited Signs. Subd. 1 The following signs shall be prohibited in all districts: A. Signs with moving, swinging, revolving, or rotating parts ; B. Roof signs; C. Projecting signs; D. Portable signs that do not meet the requirements in section 1200.05.1.E. E. Signs in the public right-of-way except as provided for in Minnesota Statutes, or allowed by the agency regulating the right-of-way; F. Signs attached to public utility poles, trees, street signs, stoplights, or fences; G. outdoor advertising signs; H. Signs in the clear vision area; I. Signs imitating traffic control signs. (i.e. signs which are designed to resemble official traffic signs except they are used to control traffic on private property); J. Any sign not constructed, wired, assembled, attached, or supported in conformance with this Section, applicable building codes, and other regulations; K. Signs with content classified as "obscene" as defined by Minnesota Statutes, section 617.241; and L. Signs on private property without owner’s permission. M. Sign lighting or sign technology not specifically listed as permitted in this Chapter shall be prohibited. 1200.05 Signs allowed without a permit. Subd. 1 The following signs are allowed without a permit and are allowed in addition to those signs allowed by this chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter, or any other law or ordinance regulating the same. “Clean version” ATTACHMENT B Chapter 12 Page 11 of 20 A. All traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs, and railroad crossing signs erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in this state. B. All signs posted or displayed in compliance with Minnesota Statutes, Section 211B.045. C. Numerals that identify the address of the property not exceeding four square feet in area for each structure or portion of a structure with an assigned address. Address identification numbers are required in all sign districts and should be clearly visible from the public street. D. Auxiliary Signs. 1. Residential properties shall be permitted up to four square feet per sign; not to exceed a total of eight square feet for all auxiliary signs. The signs shall not be illuminated. 2. Nonresidential properties shall be permitted up to eight square feet per sign; not to exceed a total of 40 square feet for all auxiliary signs. E. Portable signs that do not exceed six square feet in size and are not illuminated if located within 15 feet of the primary entrance to the business it is advertising and displayed only during the hours of business operation. No more than two of these signs shall be in place for each tenant at any given time. Portable signs must be brought indoors at or before the close of the business for the day. F. Graphic Signs on multi-unit dwellings or non-residential buildings, provided they do not exceed 25% of the wall area they are located. G. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated. H. Window signs that are inside of a building shall not exceed 35% of the window area in which it is being displayed, or 5% of the total building façade. 1200.06 Temporary Sign Regulations Subd. 1 Temporary On-premise Signs. A. All temporary on-premise signs shall require an approved sign permit prior to placing the sign and shall conform to the following: 1. Temporary Sign Area. Temporary signs shall not exceed 32 square feet in area. 2. Temporary Sign Height. A temporary sign shall not exceed the freestanding height limits listed in Table 1200.08-1 for a permanent sign of a particular sign type in a given district. This shall include inflatable signs and balloons. 3. Quantity and Duration. No more than one temporary sign per tenant shall be displayed at any one time. No more than four temporary sign permits shall be issued per calendar year, per tenant, and permits for the display of such signs shall be valid for up to 14 days. Up to two occasions may be used consecutively. At no time shall a temporary sign permit be valid for more than 28 days. 4. Removal. All such signs shall be removed from the premises no more than one working day following the expiration of the permit. 5. Nontransferable. Temporary sign permits are nontransferable to other properties or establishments on the same property. 6. Placement. Temporary signs shall not create a hazard to pedestrians or vehicles. Portable signs shall be placed such that there is a minimum of 48 inches of unobstructed sidewalk clearance between it and any other building or “Clean version” ATTACHMENT B Chapter 12 Page 12 of 20 obstruction. The permitted location of all temporary signs is subject to change as determined by the Zoning Administrator in order to protect the public health, safety, and welfare. 7. Illumination. A temporary sign must not be illuminated. B. Single occupant parcels. 1. No more than one temporary sign shall be permitted at any one time. 2. The area of the temporary signage shall not exceed one half of the permitted sign area as allowed in Table 1200.08-1 for a particular sign type in the underlying sign district. 3. Portable signs shall only be permitted in districts where permitted in Table 1200.08-1. If a conforming freestanding sign is already in place, the temporary freestanding sign shall be attached to or near to the existing freestanding sign. C. Multi-tenant parcels. Each individual business establishment that has exclusive use of some portion of the primary level of the building, and direct access to the outside qualifies for temporary signage as follows: 1. Each business shall not have more than one temporary sign at a time. 2. The total temporary wall sign area for each tenant shall not exceed one half of the permitted permanent wall sign area as allowed in Table 1200.08-1. 3. The total area of all temporary freestanding signage for the parcel shall not exceed one half of the permitted area of permanent freestanding signage for the parcel as allowed in Table 1200.08-1. 4. The City may delegate authority to the property owner or designee to determine the total permitted temporary sign area per tenant, subject to the maximum allowable area.. 5. Sign permits shall not be transferrable to other business establishments. D. Grand Openings. New businesses with grand openings are eligible for one additional temporary sign permit of any type permitted in the underlying sign district with an approved permit. The sign may be in place for up to 30 days provided all other requirements in this section are met and the required permits are obtained. This eligibility shall expire six months after the business opens. E. Vacant Space. Buildings or parcels with space for sale or lease may obtain a temporary sign permit for one temporary wall or monument sign that expires seven days after the building or parcel is leased or sold. 1. A wall sign shall not exceed 25 square feet in size and shall be used in place of a permanent wall sign. 2. A freestanding sign shall not exceed 15 square feet in size and shall be attached or immediately adjacent to an existing freestanding sign. All other provisions in this section shall apply. Subd. 2 Temporary Off-premise Signs. A. Each residential property is allowed up to five freestanding, temporary, signs provided the signs meet the standards of this section: 1. Location. Temporary signs must be placed solely on private property and must maintain a minimum two-foot setback from public sidewalks and roadways. 2. Sign Number Limit. Signs shall be four square feet or less in size, and less than four feet high; 3. Signs shall not be illuminated; “Clean version” ATTACHMENT B Chapter 12 Page 13 of 20 4. Permission. The sign owner shall obtain permission from the property owner to place a sign on their property. The property owner may withdraw that permission at any time. i. Failure to obtain permission may result in removal of the sign. ii. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). 5. The City of Arden Hills shall not be responsible for damage to or removal of any signs placed in the right-of-way. 1200.07 Temporary signs within athletic fields. Subd. 1 Athletic fields may be permitted to have temporary banner signs attached to the fences of their athletic fields provided that such signage faces the field of play so that the impact of the signage is directed only to those using the field or watching the sporting event and not surrounding property owners. A. To the greatest extent possible such signage shall not obstruct sightlines to the athletic field for those watching the sporting event from the bleachers or other designated viewing areas. B. The Zoning Administrator shall determine if the signage is visible from a public roadway or from property outside the property lines of the athletic field. If found to be visible, the signs shall comply with the following size limitations and shall follow the sign permit process as described below: 1. Permit Requirements. Sign permits shall not be required for individual banner signs but shall be required where a new group of signage is requested. 2. Individual Sign Area. Temporary banner signs shall not exceed 50 square feet each. 3. Total Signage Area. The temporary banner sign shall not exceed a massing of over 960 square feet in one area or a total of 2,000 square feet. 4. Time Limit. Temporary banner signs shall not be displayed for more than 90 consecutive days or more than 180 days during the calendar year. 5. Compliance. The applicant shall demonstrate compliance with the provisions of this section (including but not limited to: the dimensions of individual banner signs, the dimensions of that group of banner signs, and the total square feet of temporary banner signs). 1200.08 Permanent Sign Regulations Subd. 1 All Permanent Signs. A. All permanent signs shall conform to the general regulations in section 1200.03 and following applicable standards and Table 1200.08-1 Permanent Sign Standards. Table 1200.08-1 Permanent Sign Standards Zoning District Permitted Sign Type Total Permitted sign area Minimum Sign Area Maximum Height R1 & R2 Districts Any 8 sf N/A R3 & R4 Districts Any 20 sf N/A “Clean version” ATTACHMENT B Chapter 12 Page 14 of 20 Non-Residential Uses in a Residential District Wall 20% of the wall area, not to exceed 100 sq. ft. total 30 sf N/A Freestanding 50 sf 10ft B1 District and Commercial, Institutional or Industrial uses fronting on:  County Road E  Lexington Ave.  Highway 96 Wall 20% of the wall area, not to exceed 150 sq. ft. total; or 50 sq. ft minimum 80 sf N/A Freestanding 60 sf 20 ft I FLEX & Gateway Districts Wall 20% of the wall area, not to exceed 150 sq. ft. total 60 sf N/A Freestanding 80 sf 20 ft Neighborhood Business District Wall 20% of the wall area, not to exceed 150 sq. ft. total 50 sf N/A Freestanding 60 sf 15 ft TCAAP area without frontage on Highway 96 Wall 20% of the wall area, not to exceed 150 sq. ft. total 30 sf N/A B. Freestanding Signs. 1. Properties that front more than one street shall be permitted to have more than one freestanding sign provided that each additional freestanding sign does not exceed half the size of the maximum sign area allowed for a freestanding sign in the applicable district. 2. The sign area of a freestanding sign shall only be calculated using one side of the sign. If the two sides are different sizes, the larger side shall be used for determining the sign area. 3. Freestanding signs shall be located at least five feet from any property line and no part of a freestanding sign may not project over the property line. C. Multi-tenant buildings or sites shall be permitted: 1. One wall sign up to the total permitted signage area in Table 1200.08-1. i. The total wall sign area shall be calculated for each individual business establishment that has exclusive use of a building façade, some portion of the street, or direct access to the outside. “Clean version” ATTACHMENT B Chapter 12 Page 15 of 20 2. The permitted freestanding sign area shall be associated with the main parcel, with the tenant signage allocated by the property owner meeting the maximum signage areas allocated in Table 1200.08-1. Subd. 2 Sign Design. 1. Signs shall be architecturally compatible with the style, materials, colors and details of the building. 2. Signs shall be incorporated into the façades of the buildings rather than extending into the roof line and should not project more than 12 inches above the plane of the façades. 3. Wall signs for retail uses must be located in a position above the front window. In multi-tenant buildings, signs shall be located in a consistent position along the plane of the façades. 4. Wall signs shall not extend more than 18 inches out from the wall to which they are attached. Subd. 3 Special Permanent Sign Regulations. A. Awnings and Canopies. No part of an awning or sun canopy shall be less than eight feet or greater than 12 feet above grade. The fabric or material used for the awning or canopy must be opaque and no illumination is permitted. B. Service Area Canopy. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated, but no other part of the face of the canopy shall be illuminated. C. Manual Changeable Copy Sign. No more than 35 percent of the actual sign area of a permitted sign in a nonresidential sign district shall be capable of displaying messages or copy that can be changed manually. The remainder of the sign area shall not have the capability to change messages even if not used. D. . In addition to this Chapter, all signs for adult-oriented uses shall comply with the sign requirements in Chapter 1340 Use-Specific Standards. Where any provisions of this Chapter conflict, the provision that is more stringent shall be applied. Subd. 4 Dynamic Display Signs. A. Dynamic displays signs are allowed as described herein, except as prohibited by state or federal law, and with certain standards and restrictions to ensure health, safety, and welfare. B. Any sign using a dynamic display, in whole or in part, must meet the following standards: 1. Dynamic display signs shall be permitted for nonresidential uses abutting a major arterial or collector street. No dynamic display sign shall be erected facing or located on a lot line adjacent to a property used for residential. 2. Dynamic display signs shall only be permitted on freestanding signs. 3. Only one, contiguous dynamic display area is allowed on a sign face. The dynamic display may occupy no more than 40% of the actual sign copy area. The remainder of the sign must not have the capability to have dynamic displays. 4. Speakers and/or any audio component is prohibited. The sign shall not emit any sound. 5. No portion of the sign may change or have the background in a manner of displaying or characterizing motion, including flashing, scrolling, twirling, change in color, illusion of moving objects, moving patterns, or bands of light or expanding or contracting shapes, fluctuating in light intensity or use intermittent, “Clean version” ATTACHMENT B Chapter 12 Page 16 of 20 strobe, bursts, or moving light, streams, zooms, twinkles, or sparkles. Any manner that creates the illusion of movement other than permitted transitions is prohibited. 6. Duration. On any portion of the sign that changes, the dynamic display must have a minimum static duration of 10 seconds. 7. Transition. On any portion of the sign that changes, the change sequence must be accomplished by means of instantaneous transition. Fading, dissolving, scrolling, traveling, or any transition that creates the illusion of movement is prohibited. 8. Brightness. The dynamic display sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. 9. Dimmer Control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise. 10. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately turn off the dynamic display when notified by the city that it is not complying with the standards of this chapter. 11. Dynamic displays must comply with the outdoor lighting standards contained in Section 1360.08. C. Drive-through Window Menu Board. 1. Location. All drive-through menu board signs shall be single sided and located adjacent to the drive- through lane and shall not be located in any required setback. Signs may be affixed to the building. 2. Height. A drive-through menu board sign shall not exceed 8 feet above grade in height. 3. Size. A drive-through menu board sign shall not exceed 40 square feet. 4. Number. Up to two drive-through menu board signs are permitted per lane. The total surface area of the two signs shall not exceed 40 square feet each. 5. A drive-through menu board signs shall comply with the following standards: i. The images, colors, and text may not change more than five times per day; ii. All images, colors, and text shall be static with no flashing, scrolling, or animation; iii. At any time the business or drive-through window is closed to the public, any drive- through menu board sign shall be turned off until the business or drive- through window is open to the public. iv. Signs with speakers or intercoms shall be designed and located in a manner to direct noise away from adjoining properties. Speaker noise shall not be audible to adjacent residential properties. v. The sign(s) shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the lane. Subd. 5 Permanent Signs at high school and university uses. A. Permitted Permanent Signs for Athletic Fields. 1. Athletic fields may have permanent signage that complies with this subdivision. “Clean version” ATTACHMENT B Chapter 12 Page 17 of 20 2. Such signage shall not be lit by a direct lighting source. 3. Signs may be an entrance gate style sign, signage affixed directly to a press box/grandstand, or signage included on the scoreboard. 4. Such signage shall be constructed of durable materials (finished metal, finished wood, plastic). 5. The Zoning Administrator shall determine if the signage is visible from a public street or from property outside of the property lines. If found to be visible, the following signs shall comply with the following size limitations: i. Sign Area. The signage area at any entrance gate shall not exceed 30 square feet, the signage area of press box/grandstand signage shall not exceed 80 square feet, and scoreboard signage shall not exceed 40 percent of the total scoreboard area. ii. Total Sign Area. The cumulative total of permanent signage shall not exceed 200 square feet. iii. Sign Permit Required. A sign permit is required prior to the installation of any new permanent signage. B. Scoreboard Signs for Athletic Fields. 1. Athletic fields may be permitted to have permanent scoreboard signage at athletic fields that is clearly secondary to the overall appearance of the scoreboard. 2. Such signage shall face the field of play so that the impact of the signage is directed only to those using the field or watching the sporting event and not surrounding property owners. 3. 4. The Zoning Administrator shall determine if the signage is visible from a public roadway or from property outside of the property lines. If found to be visible, the signs shall comply with the following size limitations: i. Sign Area. Scoreboard signage shall not exceed 30 percent of the total scoreboard area, nor shall any one scoreboard sign exceed 15 percent of the total scoreboard area. ii. Sign Permit Required. A sign permit is required prior to the installation of any new scoreboard signs. 1200.09 Sign Standard Adjustments Subd. 1 Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with an application for Site Plan Review or a Planned Unit Development process. A. In order to approve any sign standard adjustment, the following criteria shall be satisfied: 1. The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use; and 2. One of the following applies: i. There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; or ii. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site. “Clean version” ATTACHMENT B Chapter 12 Page 18 of 20 1200.10 Non-Conforming Signs Subd. 1 A sign that is legally established upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon such date except as specified in this section. No non-conforming sign shall not be expanded, or be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this Chapter to permit non-conforming signs to remain provided that such signs are safe, maintained so as not to be unsightly, and have not been abandoned, which means remains without a message or whose display surface remains blank for more than one year or that pertains to a time, event or purpose that no longer applies, or removed subject to the following provisions and Section 1320.06: A. Non-conforming Sign Continuance. The use of non-conforming sign may be continued through repair, replacement, restoration, maintenance, or improvement but shall not be expanded, moved or relocated. B. Non-conforming Sign Discontinuance. If the use of the non-conforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this Chapter. C. Non-conforming Sign Damaged or Destroyed. Should such non-conforming sign or sign structure be damaged or destroyed by any means to an extent greater than 50 percent of its market value or structure and all required permits for its reconstruction have not been applied for within 180 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this Chapter. D. Sign Regulation Conformance. Should such sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. E. Loss of Non-conforming Land Use. An existing sign devoted to a use not permitted by the Section 1320, Zoning Ordinance in the zoning district in which it is located, shall not be enlarged, expanded, or moved except in changing the sign to a sign permitted in the sign district in which it is located. 1200.11 Permit and Review Process Subd. 1 Permit Required. A. Unless excepted by this Chapter, no sign shall be erected, altered, reconstructed, maintained, moved, or enhanced in the City without first obtaining a sign permit from the City. B. The content of the message or speech displayed on the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to evaluate the sign copy area and to restrict permanent off-premise signs. C. For any sign that requires a permit, the following activities shall not be considered normal maintenance and repair and a permit shall be required: 1. Re-facing a sign, except for the text on a manual changeable copy sign. 2. Removing the sign for the repair of the cabinet or any part thereof. 3. Changes made to a sign's size or illumination, including, but not limited to, height, width, weight, area, or adding or removing illumination. 4. Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign to a new location, or replacement of the interior or exterior cabinet frame, except the sign face. “Clean version” ATTACHMENT B Chapter 12 Page 19 of 20 D. Building Permit. A building permit may be required for any signs involving the construction of or changes to a sign structure and/or electrical connections as determined by the Building Official. Subd. 2 Application and Review Process. A. An application for a sign permit shall be supplied on the City's official sign application. 1. An applicant may submit one application for multiple signs. 2. A new sign permit is required anytime a change to one or more signs is proposed. B. The Zoning Administrator shall approve or deny the sign permit application in an expedited manner, no more than 30 days from the receipt of the completed application, including applicable fees. C. All permits not reviewed within 30 days shall be deemed approved. D. Applicants shall be notified in writing if the application is denied, including the reasons for denial. Subd. 3 Appeals Process. A. Appeals of the decision of the Zoning Administrator shall be made to the Planning Commission in writing within 15 days of the confirmed delivery of the denial letter for the sign permit application. B. The Planning Commission shall hold a public hearing as soon as practicable but not more than 45 days after confirmed receipt of the appeal to review the appeal and make a recommendation to the City Council. C. The City Council shall review the Planning Commission's recommendation as soon as practicable but not more than 45 days after the Planning Commission's recommendation. Subd. 4 Fees. Sign permit fees and the impoundment fee shall be set by the City Council by ordinance on an annual basis. 1200.12 Inspection & Enforcement. A. Inspection Authority. All signs shall be subject to inspection by a city official, who is hereby authorized to enter upon any property of premise to ascertain whether the provisions of this Chapter are being obeyed. Such entrance shall be made during business hours unless an emergency exists. B. Abandoned signs. Any abandoned sign shall be removed or otherwise properly brought into compliance by the property owner upon receipt of notice to do so given by the Zoning Administrator. C. Any unsafe sign shall be removed or otherwise properly secured by the property owner upon receipt of notice to do so given by the Zoning Administrator. No unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the city. D. Illegal temporary signs. Any temporary sign that is found to be illegal shall be removed by the property owner within three days of written notification from the zoning administrator. E. Signs constituting a public nuisance. Any abandoned, illegal or unsafe sign is hereby declared to be a danger to the health, safety and welfare of the citizens of the city, and is declared to be a public nuisance, subject to abatement and assessment as provided in Chapter 6, except that legally established nonconforming signs shall not be abated until they have been abandoned for more than one year. “Clean version” ATTACHMENT B Chapter 12 Page 20 of 20 F. Impoundment of Signs on Public Property or Within Public Right-of-way. The city official may, at any time and without notice, impound signs that have been installed on public property, within a public right-of-way, or within a public easement that are in violation of this Chapter. The sign owner or their agent may retrieve an impounded sign subject to the following rules: 1. Any impounded sign may be retrieved from the impound area within three business days of the impoundment or the city may dispose of it. 2. The impound area can be located by contacting City Hall. 3. Any cost incurred by the City for disposal of an impounded sign may be assessed to the sign owner or the sign owner's agent, as described in the city’s adopted fee schedule 4. Payment of an impoundment release fee. Any subsequent impoundment(s), within one calendar year, for a particular property or sign owner will require payment of double the initial impoundment release fee. 5. The City shall have no obligation to notify a property owner that it has impounded a sign. 6. The City shall not be held liable for any damage to an impounded sign. 1200.13 Message Substitution. Subd. 1 The owner of any sign that is otherwise allowed by this chapter may substitute a noncommercial copy or message in lieu of any other commercial or noncommercial sign copy or message without additional approval or permitting subject to the operational standards set forth in this chapter. Subd. 2 The purpose of this provision is to prevent any inadvertent favoring of commercial speech or message over noncommercial speech or message. 1200.14 Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this sign subchapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this subchapter.