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HomeMy WebLinkAboutCCP 11-13-2006 \ '" '- " . , ., . "~" Mayor: . - .. . . . -. . '". , 1245 W. Highway 96 . . ." , , " , , , , " Beverly Aplikowski . . .." ... . ". , ~aILts Arden Hills, Minnesota Coullcilmembers: 55112 David Grant Arden Hills City Council 651.634.5120 Brenda Holden www.ci.arden-hills.mn.us Gregg Larson Vincent Pellegrin REGULAR MEETING Monday November 13,2006 City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and la . Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. APPRO V AL OF AGENDA 2. APPROVAL OF MINUTES A. October 30, 2006 City Council Meeting 3. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by A. Claims and Payroll the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council B. Motion to Approve Payment #3 to Member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on Margolis Company in the Amount of the agenda, $1,591.93 for the CSAH 96 Landscape and Irrigation Improvement Project 4. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its nomlal sequence on the agenda. 5. PUBLIC INQUlRIES/INFORMATIONAL Public Inquiries/Informational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your nanle and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation, 6. PUBLIC HEARINGS None. . ------------- --- ---- ----------.---- Arden Hills City CounciJ Agenda November 13,2006 Page 2 7. NEW BlTSINESS A. Resolution 06-52: Certifying the 2006 City of Arden Hills Schawn Johnson Municipal Election Canvass Results B. Motion to Approve Staffs Recommendations Regarding the Michelle Olson 2007 Celebrating Arden Hills Event B. Motion to Approve Ordinance #381 to Update and Re-codify Karen Harton/James Lehnhoff the Zoning Regulations into Chapter 13: Zoning Code of the Official City Code of Ordinances C. Motion to Authorize City Staff to Apply for a Grant Through Michelle Olson the Minnesota DNR Local Trail Connection Program and Authorize City Staff to Budget from the Park Fund in 2007 $38,500 in Expenditures and $16,750 in Revenue D. Motion to Approve the Criteria for Placing Planning James Lehnhoff Commission Cases on the Consent Calendar at Future City Council Meetings 8. UNFINISHED BUSINESS A. City Staff Response to Resident Concerns Regarding the 2006 Kris Giga PMP Project B. TCAAP-Verbal Update Karen Barton 9. COUNCIL COMMENTS AND REQUESTS ADJOURN CLOSED SESSION: Immediately Following the Regular City Council Meeting: 1. Status Discussion Regarding Rochon Corporation/City Hall Arbitration/Medication Case - Pursuant to MS 13D.05 SIJBD 3.b 2, 2006 PMP Project-Assessment Appeal Message Page I of I Jackie Freppert ~.... _......vy -_....~._--~_..._._.._-_._---_......- .....^...^~_.._-_...^,...... _.._._-~.~._-~^,",--"- From: Jackie Freppert Sent: Thursday, November 09, 20062:53 PM To: timesaver02@aol.com; bob, fletcher@co,ramsey.mn,us; bulletin@lillienews,com; cwilson@ctv15,org; dorrick@pioneerpress,com; dprobst@mspmac.org; focus@mnsun,com; kmaltman@msn,com; mlsmith@startribune,com; smoran@startribune,com; ssch roeder@smithmicrotech,com Subject: 11/13/2006 CC Agenda Jackie A. Freppnt Office Support Specialist Phone 651,634.5130 Fax 651,634.5137 jackie. freppert@ci.arden-hills,mn,us W,#W, ci, arden -hllls~mDJJ..s 1119/2006 I . ~ ~l~~~}--IILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 30, 2006; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:03 p.m. Present: Mayor Bcverly Aplikowski, Counci Imembcrs David Grant, Brenda . Holdcn, and Vincent Pellegrin. Absent: Councilmember Grcgg Larson (excused). Also present werc City Administrator, Michelle Wolfe; City Attomey, Jerry Filla; Public Works Director, Gregory Hoag; Community Development Director, Karen Barton; City Engineer, Kris Giga; Parks and Recreation Manager Michcllc Olson; and Recording Secretary, Kathleen Altman. 1. APPROV AL OF MEETING AGENDA MOTION: Councilmember Holden moved and Councilmembcr Pellegrin seconded a motion to approve the meeting agenda as presented. The motion carricd unanimously (4-0). 2. APPROV AL OF MINUTES A. October 10, 2006 City Council Mecting MOTION: Councilmember Holden moved and Councilmcmber Grant seconded a motion to approve the October 10, 2006 City Council Meeting Minutes as prcsented. The motion carricd unanimously (4-0). . ARDEN HILLS CITY COUNCIL - OCTOBER 30, 2006 2 \ 3. CONSENT CAl,ENDAR . a. Claims and Payroll b. Motion to Approve Payment #4 to Arnt Construction in the amount of $392,661.84 for the 2006 Ridgewood Neighborhood PMP Project c. Motion to Order the Removal of Diseased Trees at 190 I Stowe A venue, 1926 Stowe A venue, and 1870 Glenpaul A venue d. Resolution No. 06-51: Authorizing the Application for Recycling SCORE Grant Funds for 2007 MOTION: Councilmember Pellegrin moved and Councilmcmber Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously ( 4-0). 4. PULLED CONSENT ITEMS Nonc. 5. PUBLIC INQUIRIES/INFORMATIONAL Kathy Nelson, 3475 Siems Court, stated she was representing the neighbors who used the . Siems Court, Lake Johanna intersection on a reb>ular basis. She stated no one in the community who used the road was consulted before it was drastically changed. She asked from what they were being saved from. She noted vehicles were not able to turn onto Siems Court off of Lake Johanna and stay in their own lane in either direction. Shc noted this has become extremely unsafe. She stated their street had been narrowed to 22 feet wide, whcn it used to be 25 feet. She stated they did not have enough room to safely maneuver. Shc indicated they wcre also concerned about walkers and bikers who had nowhere to go. She requested they change the narrow entrance by widening it and scheduling a ncighborhood mceting to address the concerns. She indicated there were 25 people who had signed this request. Diane Pearson, 1556 Arden Place, stated she had also personally expcricnced the problem of exiting her neighborhood. She noted the problem was that they needed the entire width of the road to make the turn in. She did not believe this was safe. Ms. Giga stated the width of the intersection was a result of neighborhood meetings and it was in the feasibility report. She indicated the neighbors had desired the existing width. She noted to minimize other impacts upon the roadway; the road was designcd at a 22-foot width. She stated they wanted to improve the angle of the intersection and to provide a better transition as well as to improve sight Jines. Deb Bloom, City Engineer, stated the intersection used to be at a 40 degree angle and now this angle had been improved. She indicated all intersections met or exceeded the required turning . ARDEN HILLS CITY COUNCIL - OCTOBER 30, 2006 3 . radiuses. She indicated to remove this would cost money and they did not recommend reconstructing this intersection because it met all of the required standards. Dan Leafblad, 3520 Siems Court, stated in theory that sounded good, but it did not work in practicc. He indicated thc angle was difficult to maneuver. Councilmember Holden noted most of the neighborhood input had bcen that they did not want sidewalks. Councilmember Grant asked if minimum standards changed due to grade of the road. Deb Bloom responded the enginecrs had widened the curb radiuses to 30 feet and the minimum was 15 feet. She indicated they should be able to makc thc turn with that radius. Councilmember Grant stated he was not sure he could make any decision on this tonight until he looked at this intersection himself. He rcquested the City Engincer review the intersection. Deb Bloom responded they would look into this, but noted nothing could be done this season. Mayor Aplikowski asked if they could add some type of signage. Deb Bloom responded they would look into this. Diane Pearson stated the width of the road was not a problem in general, but at this intersection, the mouth of it needed to be widened. . Diane Pearson, 1556 Arden Place, stated she had two concerns regarding the trees in their neighborhood, including the number of trecs taken out and the numbcr of trees being replaced. She stated they had collected 60 people's signatun;s in support of additional trees. She stated they had 84 trees taken out and approximately 56 trees were going to be replaced. She stated they wanted all of the trees replaced that had becn taken out. She proposed thc number of trees taken out be replaced and the trecs coming in were of the same value as the trees taken out. She stated they also wanted input into where the trees were going. Ms. Giga stated the State dcfinition of a tree was anything 4 inches or larger in diameter regardless of species. She stated thcre were oaks, ash, buckthorns, maples, as well as other trees that wcre removed. Kathy Nelson, Siems Court, stated on Siems Court 49 trees were removed, Arden Place four trees were removed, Ridgewood Road five trees were removed, Beach Club Ponds 26 trees were removed. Shc stated ten trees were rcplaced on Siems Court, one trce was replaced on Arden Placc, two trees were replaced on Ridgewood Road, and 17 trees were replaced on Beach Club Ponds. She noted along Johanna Wetland Pond, 60 trees were removed and 20 trees were being replaced. She stated she had talked with Rice Creek Watcrshed District who indicated they would get in touch with the City and offer some funds for larger trees. Ms. Wolfe stated she had not heard from Rice Creek Watershed District. Dan Leafblad, 3520 Siems Court, stated the number of trees that came down was remarkable. . He indicated they used to have a canopy of trees, which were now rcmoved. I-Ie stated ten trees ARDEN HILLS CITY COUNCIL - OCTOBER 30, 2006 4 " were not sufficient and they needed larger trees put in. He noted it would be a problem to put in . large trees along the wall bccause of all of the sand below the top soil. Diane Pearson, stated shc was concerned about lower Siems Court and it being bare in places on the hill. She expressed concern the hill was not supported and it needed to be replaced to help hold the road up. She indicated the trees that were still on the hill had been covered with sand and she was not sure they would survive. She requested the City take steps to make sure the hill was reforested and landscaped to hold up the road. Ms. Giga responded the property owner and developer had agreed to add more trees and vegetation and would submit a landscaping plan. She stated they were aware that they were responsible for maintaining the slope. Councilmember Holden askcd if the City was paying for the development of the lots. Ms. Giga responded the City was not paying for the development. All the City did was dump the fill onto the land and the developer was responsible for spreading it out. Peter Roess, President of the Minnesota Museum Metropolis, Inc. summarized the purpose and mission of the organization. He stated they would like to look at a muscum dcvelopment on thc TCAAP property. He believed they had one of the bcst and uniquc ideas for the TCAAP property. Mayor Aplikowski requested he work with staff on this and prescnt their plan to staff. Kathy Nelson, stated they would like to see the City come up with a Tree Preservation Policy. She believed since the City logo was a tree, it would be a good idea to have a Tree Preservation Policy. Ms. Giga responded she had spoken with the City Planner about this and they were . talking about drafting a Tree Preservation Policy. 6. PUBl,lC HEARINGS None. 7. NEW BUSINESS At. Motion to Authorize the City En2inecr to Prepare the Fcasibilitv Report for the 2007 PMP Project Ms. Giga stated staff had discussed the 5-year CIP and Pavement Management Program with the City Council at several Work Sessions this year. In order to move forward with the 2007 PMP and advertisc the project early in 2007 to obtain competitive bids, staff was requesting Council authorize preparation of the feasibility report at this time. Staff had revicwed this project and had determined that this work could be done utilizing City of Roseville engineering staff, as opposed to contracting with the consulting engineers, URS, to complete this work. Councilmember Holden asked if they would save money on the City Enginecring contract. Deb Bloom responded they would be eliminating a step and therefore they wcrc saving money. . ARDEN HILLS CITY COUNCrr.. - OCTOBER 30, 2006 5 . Councilmember Holden requested updated information on the sewer televising. Ms. Giga responded they were working on this and would update Council in the future. Councilmember Grant stated normally they did a neighborhood approach, but he noted in the Chatham neighborhood they were dividing the project. He stated he was concerned the one area would need an overlay before it was scheduled to be done. He asked if this would be evaluated. Ms. Giga responded it would be evaluated as part of the feasibility report. Councilmember Holden noted with the cost savings, were there any other streets they could add. Ms. Giga responded they would be looking at this when the feasibility study was prepared. Councilmember Pellegrin stated he believed this was well thought out and it was a nice presentation and he wanted to move this along. MOTION: Councilmember Pcllegrin movcd and Councilmember Grant seconded a motion to authorize the City Engineer to Prep arc the Feasibility Report for the 2007 PMP Project. The motion carried unanimously (4-0). A2. Motion to Approve the Construction A2reement with the Citv of Roseville for the 2007 PMP Proiect MOTION: Councilmembcr Holden moved and Councilmembcr Grant seconded a . motion to approve the Construction Agrecment \'lith the City of Roseville for the 2007 PMP Project. The motion carried unanimously (4-0). B. Motion to Authorize Staff to Ne20tiate a Contract with MMKR for Professional Auditin2 Services Ms. Wolfe stated the City of Arden Hills had rctained the firnl of Abdo, Eick and Myers as City Auditor for many years. The City also contracts with other firms for a variety of professional services such as engineering and legal services. The City Council and staff have discussed the need to periodically conduct a request-for-proposals (RFP) process for professional services, as a due diligence procedure. This helps the staff and elected officials fecI comfortable that thc City was receiving good services for good value. In 2006, the City spent just under $31,000 for auditing services. She noted last summer, thc City issued an RFP for professional auditing servIces. The City received five proposals. Staff evaluated the proposals and selected thrcc fimls as finalists with MMKR submitting the lowcst bid in the amount of $24,750. She stated staff recommended Council authorize staff to negotiate a contract with Malloy, Montague, Kamowski, Radosevich and Co., P.A. (MMKR) as City Auditors, to provide Professional Auditing Services for the years ending December 31,2006 (total not to excced $24,750), 2007, and 2008. MOTION: Councilmember Grant moved and Council member Pellegrin seconded a . motion to authorize staff to negotiate a contract with MMKR for Professional Auditing Services for the years cnding December 31, 2006, ARDEN HILLS CITY COUNCIL - OCTOBER 30, 2006 6 . 2007, and 2008, with the first-year not-to-exceed the cost of $27,500. The . motion carried unanimously (4-0). C. Motion to Approve a Contract with Ramsev Countv for $50,000 in Environmental Response Grant Funds for the Brownfield Remediation at the former A TS Steel Site Ms. Barton stated at the April 24, 2006 City Council meeting, Council approved resolutions 06- 31 and 06-32 authorizing the application for contamination clean-up grants from the Minnesota Department of Employment and Economic Development (DEED), Ramsey County, and the Metropolitan Council, on behalf of Chesapeake Companies for Brownfield remediation at the former A TS site, 1901 Gateway Boulevard, subject to the following conditions: 1. Execution of a secured reimbursement agreement between the City and Chesapeake Companies, in a form approved by the City Attorney. 2. Execution of a performance agreement between the City and Chesapeake Companies, in a form approved by the City Attorney; and 3. Chesapeake Companies must apply for a Final Plan approval prior to any grant-related remediation work being started on the site. She recommended Council approve the Ramsey County Environmental Response Grant contract for Brownfield Remediation at the Chesapeake property, locatcd at 1901 Gateway Boulevard, and authorize staff to execute said contract. MOTION: Councilmember Grant moved and Councilmember Pellegrin seconded a . motion to approve the Contract with Ramsey County for $50,000 in Environmental Response Grant Funds for the Brownfield Remediation at the former ATS Steel site, 1901 Gateway Boulevard. The motIOn carried unanimously (4-0). 8. UNFINISHED BUSINESS A. TCAAP Update - Verbal Ms. Barton updated on the Council on recent TCAAP developments. B. Motion to Extend the Propertv Closin2 Date for the Old Citv Hall Site Ms. Barton statcd due to concerns regarding the level of contamination on the Old City Hall/Public Works site by Royal Oaks' lender, Royal Oaks, was requesting an extension of the closing date on or before Novcmber 29,2006 to allow time to complcte some additional testing. She rccommcnded Council approve the requested closing date extension for the sale of thc Old City Hall/Public Works site to Royal Oaks Realty to on or before November 29,2006. Mr. Filla stated he did not see this as a major problem and he did not believc it would take until . the cnd of November. ARDEN HILLS CITY COUNCIL - OCTOBER 30, 2006 7 J . MOTION: Councilmember Grant moved and Councilmembcr Pellegrin seconded a motion to extend the property closing date for the Old City Hall Site to on or before November 29,2006. The motion carried unanimously (4-0). 9. COUNCIL REQUESTS A. Mayor Aplikowski stated the 800 MHz was looking for people to serve on the policy committee. Councilmember Holden statcd she would like to serve on the committee. Mayor Aplikowski adjourned the Regular City Council meeting at 8:35 p.m. _._.- "-".--- Beverly Aplikowski Michelle Wolfe Mayor City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, November 13, 2006 at 7:00 p.m. at the Arden Hills Council Chambers. . . " :' .~. ~ I .~ ~". . , " . --A~~ILLS . CIty of Arden HIlls . Prepared by: Request for Council Action Michelle Bruley Agenda Item ~.A. Dept.: Finance Claims & Payroll Council Mtg. Date: November 13, 2006 Final Action Needed By: November 13, 2006 Budgeted Amount: Across City BudQet - All Funds Actual Amount: See Financial Implications Funding Source: Across City BUdQet, - All Funds Council Action Request: Review and Approve Consent Agenda Item 3.A. - Claims and Payroll Staff Recommendation: Approve Consent Agenda Item 3.A. - Claims and Payroll Advisory Commission Action: .......... .-.. ... .....-.. Commission Date Action "...._u ... ....-- Planning Not Applicable PTRC Not Applicable ..-.-.... ....-..... ...- Not applicable Supporting Documents (which are attached to this Action Form): D Memo/Letter: . D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: D Other: Payroll and Claims Reports Financial Implications: Payroll #22- $64,403,01 Accounts Payable Claims Since 10/30/06 Council Meeting: 1. Paid Claims - Batch 007-10-2006: $ 23,130,62 2. Paid Claims - Batch 008-10-2006: $ 50.00 3, Paid Claims - Batch 009-10-2006: $ 231,07 4. Paid Claims - Batch 010-10-2006: $ 2,130.16 5. Paid Claims - Batch 001-11-2006: $ 430,223.22 6, Unpaid Claims - Batch 002-11-2006: $ 16.736.34 Claims Total $472,501.41 Administrator/Staff Comments: . Page 1 of 1 , CITY OF ARHEN HILLS CHECKS HATED 11/3/2006 (I)/R # 22) . Fm.ST NOVEMBER PA Y1WLL (Biweekly, ]0/14/06 tll 101271(6) IIEMI>I,OYI<:ENAi\1E: <II 1....~:\lPL()YEEDEDUCTlONS,. J >AJ\fL....!fTI'YIJENEfnl FIT 4.131.61 Bruley, Michelle SIT 1.650.28 ByL Sandra FICA Oasdi 2.746,54 2.746.54 Freppert, Jackic FICA 1\1cdieare 642.35 642.35 Johnson, Schawn ITOTAI. TAXES 1 9,170.781 3,388.891 Silseth, Pang Sweenev, Pamela FSA Health Premium L260,OO I L106,OO Wolfe. Michelle FSA Dental Premium 229,99 299M! I:SA Health Carc Reilllb. 459.37 Barton. Karen FSA Depefldent Care Reimb. 416.66 Lehnhofj~ James ITOTAL FLEXIBLE SPENmNG I 2,366.021 11,405.68 I Mennenga, John SeherbeL Dav id PERA 2.273,33 2AlW.O] ICI\IA 1,427.02 376.91 Andrews, Aaron Central Pension hmd-Union 614.40 Freyherger. Scott ITOTAL RETIREMENT / 4,314.751 2,856.92 1 F rid, Jeftrey Moonev, Joseph Amnit\ Plus Federal Credit Union 1,954,02 Nowlan, Anthonv IlJOE 49 Dues (Union) 120.00 Perron, J allles LTD/STD Insurance 371.35 Saxe, Pete PERA Life Insuram:e 30.00 Schitskv. Mike Lik/AddllDep Life 147,30 '12.00 WinkeL David United Way . Mn Child Support 326.23 Olson, Michellc ITOTAL VOLlJNTARY 1 2,57755/ 463.35 1 Total Emplovee Deductions ] 8.429.1 0 Ap!ikowski. Beverlv Net Pa\Toll 5,720.46 Grant. David Direct Deposit 2.1,092,63 ] lolden, Brenda Gross Pavroll Tic-Out 46,288.17 Larson. Greg!! Plus City Paid Bcnefit llU 14.84 Pellcgrin. Vincent ICl\.lA Bcnefit Hdd 0.00 ITOTAL PA YROLL COST I 64,403.01 I Archbold, Matt Bethke, Andrew IFKATIE-OlJT ,..,' ' " 'I :::::.:: :.:-:::::::=. Forster. Alexander Gross Pavroll 46,288.17 Lanelie, bten Lcss Total FSA 2,366.02 Langlie, Mali Plus Emplover Match ICMA 376,91 Magnuson. David Net PIR Subject to FICA 44,299,06 Ostlund, Lauren FICA Oasdi iii, 6.20%. 2.746,54 FICA Medicare (ii, 1.45f~o 642.35 1 1 Note: Fedcral and State Payroll Tax obligatiolls are salisticd by llleallS . of utilizing the "Taxtc!" Eledronic T.LX Deposit Service, Trans- fers arc typically made t\\O business days aller the payroll date. AccOunts yayaole --~ QBE Report Name: Batch 007-10-2006 - Organization: City of Arden Hills ~ EN HILLS Printed: lli07/2006 - 2:33 PM by mbruley Primary Table: Vendor Sort: Name Secondary Table: AP History Sort: None ~amc Account f)cscriJltion Check ~ulllbcr Amount 10,000 Lakes Chapter of ICC 101-42400-44370 Semi nar- M cnnenga/Sc herbel 30874 350.00 350.00 A & L Superior Quality Sod ()OI-49440,44036 Sod-Hlue Fox \Varermain Repa 30875 35043 350.43 Acclaim Benefirs/Stunton Grou 101-00000-21791 lI,1cdical Rcim.-PP-I 0/9-1 0'22/ 30876 589.90 I () 1-00000-2! 792 Daycare Rcim,-PP-I 0/9-1 0/22/ 30876 208,33 798.23 Accurate Press, Inc. 601-49440-4201 () \Vater Utility Maintenance For 30877 156,87 156.87 Architectural Alliance 408-48100-45800 Re-issue-I'rof Ser\',-CH-I O/] 9- 30878 232.60 232.60 I3eisswengcr's How, To Store I ()! -452fJO-42230 i\'lisc, Supplies-Cummings 30879 ]0,57 10.57 City of Rose\illc 601-49440-43091 .IPA I3illing,Oetober 2006 30880 572.22 602-4l)4l)()-43091 .IPA Billing-October 2006 30880 572.23 AP - QBE RePeme: Batch 007-10-2006 (11/07/2006 - 2:33 PM) . . Page I' .. ---. .. Account Description Check i'iumber Amount 10 1-41500-4JO() I .lPA BiJling.Octoner 200!i JOSRO 572.22 101-41940-4,1210 Telephone Services-SiI 5-1 0/14 J08S0 1 (,,1.55 1.880,22 ( 'orporate Express 101-41500-420 I 0 CH-Office Supplies ,10881 I~U,XJ 101-41500,42020 CH-Paper 30S81 (;5,92 249,75 Dcpt of bnpl\')'mcnt & Econ D 101.41500-41410 Unemploy lnsur,-Jrd Qtr.-T. 1\'1 JOS82 5,665.00 5.665,00 I'h1ers & Associatcs. Inc. 101-41500-43050 Financial Managcment Plan 30883 1.662.50 1.662.50 Fire :--'1arshals ASSl1C, Of \1'\ 101-42400-44330 2007 Mcmnership Ducs 308R4 3500 35,00 Frattallonc's Hardware. Inc. ]() 1-45200-42230 Misc. Supplies-O & M 30SS5 73.25 602-49490-42nO Utility Maim. Materials 308S5 8.51 101-41950-44015 CH-Paint 30SR5 1703 98.79 Har Mar Lock & Service Cent 101-41950,44015 Council Charnbers-Rckcy Pan 308S(, 152,50 152.50 IlSBC Business Solutions 101-43100-422\ 0 Eljuip. :--'Iaintcnance Materials JOSS7 127.76 127,76 I~T'L Union Operating Engine 101-00000-21771 Union Dues-Novembcr 200(1 30SSS 240.(1) 240.00 Kalh Auto Parts 601,49440,42210 FJitcrs .lOSS'} S8,45 AP - QBE Report Name: Batch 007-10-2006 (11/07/2006 - 2:33 PM) Page 2 -----. Account Description Check l'iumber Amount 602.49490,42210 Filters 308g9 104,75 602-49490-422] 0 Filtcrs 30g89 40.93 101-43100-42210 Filters 30889 170.17 101-43] 00-42210 Fi Iters 30SS') 63,5(; i 01-45200-42210 Filters 30889 3(;.52 504.38 Kennedy & Gravcn 22<)-46400-43049 TCAAP Legal Services-8!3 I 308')0 912.00 912.00 Kraus Anderslln :vtidwcst Di\', 230-49240-44340 Repair,Cummings Park 3089] 2,445.00 2,445.00 Lehnhoff James 101-41910-4331IJ Reim.-Miieage 30R')2 12371 101-419]0-44370 Rei m, -Parki n g!Seminar 30892 26.58 150.29 Metropolitan Area ;.,.1gmt. Assn 101-41500-44370 MAMA Luncheon-M, \Volfe 30893 ]S.OO 18.00 Meyer EnteqJriscs 602-49490-42210 Altcmator-#203 30894 143.78 143.78 Minncsota Dept. of Revenue 101-41940-440 I 0 Hazardous Waste Statewide Fe 30895 74.07 74.07 Miracle Recreation Equip, Co 10] -45200-45903 Repair-Playground Equipment 3089b 152.90 152.90 :\HI Distributing Co. 10] -45200-42210 Misc. Supplies-O & M 30897 15.76 15.76 Newman Tramc Signs AP - QBE ReP.1e: Batch 007-10-2006 (11/07/2006 - 2:33 PM) . Page 3. .. ... Accou nt Description Check l\umbcr Amount 101-45200,42260 Sign Repair Materials 30898 328,55 602-49490-4403h \1ainl. of Utilities 3089x 34.40 101-43100-42260 Sign Repair Materials 30898 389,68 752.63 :\extel ConnnunicatJl)ns i 01-45120.43215 Cell Phllnes-Ree.-9/] 9-1 on 8/0 30899 3<).8<) 101-45200-43215 Cell PllLlnes-Parks-9/I 9,1 0/1 Xi 30899 7R,90 101-41940-43215 Cell Phones,O 8:. !'\'1-911 <)-] 0/18 3089\) 47 (d)(, 10 i -41940-43215 Cell Phllncs-l3ldg.-9/J 9.1 0: 18/( 30899 78,90 673,75 Northcrn Water Works Supply 601-49440-42270 Utility Mainl. Materials ]0900 -(,S,S2 601-49440-42270 Utility \1ainl. Materials 30900 240,87 172.05 Pace Ana Iytiea I ()() 1-49440-4.'825 \Vatcr Testing,l O/]- 10/30:06 30901 1138,50 638.50 Pitney Bowes-:'vktcr Scrvlce 101-41500-42020 Meter Rental Servil'e-7,'.10-1 Of 30902 8tll,OO 861.00 Pllstmaster-Sl. Paul 101-00000-15600 PL'stage \leter Retill-#1962 30903 2,000.00 2,000.00 Ramsey County 601-4'l440-42400 Parts-September 2006 30904 25,14 25.14 Scherer Bros, Lumber Co, 101-4)200-42230 LU11lbcr,Hau,Inut Park 3(90) 171.26 171.26 Syvcrtsen Tercsa 101-4) 120-34730 Rc-issuc-Refund-Kids Club 1'1 30906 I 2 I. 00 121.00 AP - QBE Report Name: Batch 007-10-2006 (11/07/2006 - 2:33 PM) Page 4 - ---..- Account Description Check i\umber Amonnt Target Stores 101-45120-4201(1 Recreation.Supplies 30907 9,85 9,115 Vroo()1ll Auto Care 601-49440-422 J 0 Tires-#50 J 3090~ 329.04 329.04 Wiss. Janey. Elstncr Associates 101-41 C)50-44015 ('II-Arbitration Services 30909 950,00 950,00 23.130.62 AP - QBE ReP.e: Batch 007-10-2006 (11/07/2006 - 2:33 PM) . . Page 5' .. -"~ . f\CCOun~.ayaDle . . QBE Repo ame: Batch 008-10-2006 - Organization: City of Arden Hills ~ EN HILLS Printed: 11/07/2006 - 2:33 PM by mbm1ey Primary Table: Vendor Sort: :--Jamc Secondary Table: AP History Sort: :\one 'ianll' Account Description Check :'IIumher Amount I (J,()OO Lakes Chapter of ICC 101--12-100--1-1330 \1embershtp Dues-20m 30910 50,00 50.00 50.00 AP - QBE Report Name: Batch 008-10-2006 (11/07/2006 - 2:33 PM) Page 1 AccounIS yayaole ~~ QBE Report Name: Batch 009-10-2006 ~ Organization: City of Arden Hills ~ EN HILLS Printed: 11/07/2006 - 2:34 PM by mbruley Primary Table: Vendor Sort: Name Secondary Table: AI' History Sort: None !\lIl1le Accou nt Dt'scription Check :\umber Amount 1\1 innesota Dept. of Commerce 101-43] 00-42400 l~nelaimed Funds Report-J'2i 30911 14,90 101-43100-44330 Undaimed Funds Rcport-3/2i 30911 25.00 101-41500-44090 Unclaimed Funds Report-J/2,' 30911 24.94 I (j 1-41500-44090 Unclaimed Funds Report-Ji2! 30911 166,23 231.07 231.07 AI' - QBE ReP.1e: Batch 009-10-2006 (11/07/2006 - 2:34 PM) . . Page l' .. ~ .. ' 1\CCOunaayaOle . . QBE Repo ame: Batch 010-10-2006 ..- - Organization: City of Arden Hills ~ EN HILLS Printed: 11/07/2006 - 2:34 PM by mbruley Primary Table: Vendor Sort: :\' ame Secondary Table: AP History Sort: None l'amc Account Descriptioll Ch('ck l\umber Amoullt IC\lA Retirement Trust-457 # 101-00000-2 i 742 1st Nov. 2006 Payroll 309912 1,427.C12 101,00000,21743 1st Nov" 2006 Payroll 309912 37691 1.803.93 MN Child Support Payment (' 101-OUOOO-217XO I sl !-;o\,., 200!., Payrnll 30'N13 32623 32(j,2] 2,130.16 AP - QBE Report Name: Batch 010-10-2006 (11/07/2006 - 2:34 PM) Page 1 Accounts .t'ayaole --~ QBE Report Name: Batch 001-11-2006 - Organization: City of Arden Hills ~ EN HILLS Printed: 11/07/2006 - 2:34 PM by mhmley Primary Table: Vendor Sort: Name Secondary Table: AP History Sort: !\' one 'l/alllc Account Dcscription Chcck'l/ulllber Amount 4 Seasons Tree Care, It1\:. 101-45200--'14050 Tree Refll(lVal-Florall'ark 30914 3,629.51 101-45200-42250 Tree Removal-F1c'ral Park 30914 1.9(j~.49 5,538.00 Allegra Print & Imaging 101-4110U-43550 AH Newsletter-October 2006 30915 1,32451 1.324.51 Allied Waste Sen'il'es #899 101-41950-44010 Waste Remo\'al-ClI-1 ] /1-11 /3 3091() 132.33 101-45200,44010 Waste Removal-Perry Park-II 309](, 250,50 382.83 Aramark Unir"rm Service 1 0 1-41950.4401 (; CI I. Rug Cleaning 30917 40.51 40.51 Amt (onstrlll'tlOn Company. I 501-4R515-45800 Pymt. #4-2006 p~1P,Ridgewoo 30918 340,656.24 604-43150-44200 Pymt. #4-2006 PMP-Ridgewoo 309jg 52,00560 392.661.84 ASSlIranl Employee Lknetlts 101-41500,413!)0 STI)/L TD-l1 !I-12! I i06 30919 929,94 929.94 Beisswenger's 1,1.-,\\'- To Store AP - QBE ReP.e: Batch 001-11-2006 (11/07/2006 - 2:34 PM) . . Page l' ~ Account Description Check "iumber Amount , b02-49490-42400 \Iisc. Small Tools 30920 20.4S 20.48 Bin's,lne, I () 1-4.:" 120-441 SO Cummings Park-')27 -I (l,] h!Ob .10l)21 52.33 i 0 i -45 J 20-44 i SO FloraIPark-l):27-1 () I (1'Ot; JO'J21 52.3J 101-45120-441 XO Valentine Hills Elem.-'),27-10,1 30921 ~2J3 10 i -4.:" 120-44180 PelTY Park-9/27 -10/2'06 J0921 15,70 101-45120-441 XO Floral Park-I 0/27/06 .10921 74.5.:" 101-45120-441 XO Hazelnut Park-'J/n-l0/16i06 J0921 .:"2.3.1 101-4.:" 120-44180 Royal Hills Park-C)'n- i 0'2/06 J0921 15.70 III 1-45120-44 i XO Valentine Park-')!n,J O/j 6,0t) 30')21 52.33 367.(,0 Canon Business Solutions I () 1-4] 500-42020 Copier Charges-9:!1-1 0'20/06 30922 20'),U6 209.06 Central Pension Fund 101-110000-21772 08.: \1 Pension Fund-IOn -I 0 3{)923 1,382.40 1.382.40 t'ity of Shore\'iew ] 01-45120-42172 Super Sitler Bags 30924 52.50 52.50 Coleman, I [ull & Van Vli~l. P 10 I-oil ')50-440 15 Legal h::es-Clly Hall Arbitrati .10')25 1,900.00 1. 900.00 Corporate Express 101-41500-42010 CII,Of!i~e Supplies 30926 73.'8.7 101-41500-42020 CI [-Office Supplic-s 30926 11.70 10] -45120-420 I 0 Ree,-Of!iee Supplies 30926 3530 120,87 Deep K.o~k Water Company 10 I-oil 'J 50-44090 08.: M-Spring Wal~r 30927 22. 75 10 I-oil 950-440')0 Cll-Spring Water 30927 48,]7 70.92 AP - QBE Report '\'ame: Batch 001-11-2006 (11/07/2006 - 2:34 PM) Page 2 Accoullt Description Check :'Iiumber Amount Dcpt. or Administration 101-'+5200-43210 Phone Servic<~-Parks-')' 30,()(, 30928 121.62 101-.+194(j,43210 Phone Serviee-P\\'-9i31)'O() .10928 20,27 101-41950,43210 Phonc Serviee-CH-9,JO,'06 30928 1.012,29 1.15-1.18 Emergency Automnti\'e Tech. I 1 Ol-.B 100-'+221 0 bluip, I-Iaint. ivlalerials 3fl')2') 17'+,9'+ 174.94 Fast Signs 10 i -431 00-420 I 0 "iamc Plate-G, Iloag 30930 16.51 16.51 First Student, Inc. 101-45200-44090 Bus-Park T,)ur 30931 155.00 155.00 Franallllne's 1 lard ware, Inc, liOI-49440-42270 ('tility I\laint. Matcrials 30932 I.R9 ()(j 1-.+9440-4227fl Utility \hint. \1ateriab 30932 5 LOI) 52.95 liar Mar Lock & SeJ'\'icc Ccnt 101-41950-44flI5 C!I-Keys 30933 23.96 23.96 I.l',O.E LIKaI4') Bcnelit Fund- 101-00000-21732 Union Insurance-December 20 30934 800,00 10 I-OOOO!)-21 n2 lininn Insurance-Deeemncr 20 30')34 5.600,00 6.-100.00 Kraus Anderson Midwest Div. 228-4')010-44040 Repair-Council Chamncrs Doo 30935 2.1,40, UO 2.640,00 League Ill' Minnesota Citics 101-41100-44330 \l~ \laY(lrs i\sso. Dues-'),'I! 30936 20.00 101-41500-44330 f\lcmbcrship Dues-9!]/O()-S!3 30936 7.11\3.00 7.203.00 AP - QBE Repeme: Batch 001-11-2006 (11/07/2006 - 2:34 PM) . . Page 3- Account Description Check Numher Amount Lehnhoff James 10] -4] 910-44370 Rcim,-Lodging-APA Confercn 30937 10732 107.32 :\1inncsota Mutual Life 1 U 1-00000-2173.3 Life Insurance-Novembcr 2006 30938 387,00 3117,00 i\1;\ !\CI'ERS Llfc Insurance 101-00000,21734 PERA-November 2006 3n939 60,00 60.00 Scmple Building :vlO\ws. Ine. 10] -45200-43030 Valcntine Park-Move Park She 30940 4.000,00 4,000.00 Stcppingstonc 'J11catre 10\-45120-4.3080 Stand Up & Bc Funn)'-9/26-] 0 30941 300.00 101-45120-43080 Stand Up & Bc Funny-9/28-1 ] 30941 30000 600.00 Xcd Encrgy 101-45200-43810 Elcc.-Skating Rink!B8!Warmin 30942 439.55 602-4')490-43~ 15 Ekc-Lift Stations-9!14,1 O/] SiC 3lJ942 1.80735 2,246,90 430,223.22 AP - QBE Report Name: Batch 001-11-2006 (11/07/2006 - 2:34 PM) Page 4 1\CCOUllIS yayaDle ~ QBE Report Name: Batch 002-11-2006 - ---- Organization: City of Arden Hills ~ EN HILLS Printed: 11/07/2006 - 2:34 PM by mbruley Primary Table: Vendor Sort: Name Secondary Table: AP History Sort: :\one Name ACClHlnt Description Check ,,"umber Amount Lakes Country Service Conp IOI-000()O-21730 Health Insuranee-Active,12!!!O 30943 7.22(;,00 [0]-00000,21730 Health Insurance-Retirees-12![ 30l)43 436,on 7.662.00 Visit Minneapolis Nnrth ! 0 1-41500-36230 Lodging Tax-September 2006 30')44 9,074.34 9.07,U4 16,736.34 AP - QBE RePeme: Batch 002-11-2006 (11/07/2006 - 2:34 PM) . . Page I. .' ./' ~ l.' j" .\.:'. . ".," '. "I"" .. .-, ~~~~ILLS . (;ity ofArdclI J-lills . . _. "_ _'_~ Ut...quest f()le COIU1Cil.i\ctioll -Prepared by:- -KAG ~~~~~,==~=>-, -~,,~~~=>>=, '_.<~'--:~ Dept.: Engineering Agenda Item 38 Council Mtg. Date: 11/13/2006 Motion to approve Pavment #3 to MarQolis Companv in the amount of Final Action Needed By: $1,591.93 for the CSAH 96 Landscape and IrriQation Improvement Proiect Budgeted Amount: $170,000 Actual Amount: $123.013.50 - - ._._.n _. _ ..______. .._ "."'0-."===..= "=-.===:-=""'::"-=:=".= =. ~~nding Sourc~: G~~eral Capital Fund --_.~-.......------- . Council Action Request: Motion to approve Payment #3 to Margolis Company in the amount of $1,591.93 for the CSAH 96 Landscape and Irrigation Improvement Project. Staff Recommendation: Approve Payment #3 to Margolis Company in the amount of $1 ,591.93 for the CSAH 96 Landscape and Irrigation Improvement Project. Advisory Commission Action: Commission Date Action Planning Not Applicable PTRC Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) C8J Engineering Recommendation: See attachment o Attorney Recommendation: C8J Other: Application for Payment #3 Financial Implications: Margolis Company has been paid $150,088.64 to date; the total contract amount is $176,732,50, The Budgeted Amount and Actual Amount indicated above are the City's project costs only, Ramsey County is also a partner in this project and they will be contributing approximately $90,710.03 to the project; a request for reimbursement has been submitted, Retainage is being held for the plants for the duration of the warranty period. Administrator/Staff Comments: . Page 1 of 1 . URS AGENDA ITEM 3.B . ThreshlT Square 700 Third Sired Soulh Minneap()lis, l\lN 55415 "Iwne: (612) 370-0700 Fax: (612) 370.137X To: Kristine Giga / Arden Hills Filc: 31809929.0030 I Cc: Michclle Wolk / Arden Ilills From: Gregory S. Brown P.E. Project Manager Datc: November (). 2006 Subjcct: Pay Estimate t/3 CSAH 96 Landscape and Irrigation Improvement Project - _.. ,. -"._-- Background The City of Arden Ilills awarded Margolis Company of Rosevillc, MN the CSAH 96 Landscape and Irrigation Improvemcnt Project on April 24, 2006 ti.lr a total contract amount of . $176.73.2.50. Projcct StMus .l"'he Contractor has now completed all aspects of the project \vith the successful insta!!ation of the service cahinet. Margolis Company and the City shared the duty of watering of the trees through the summer andL11I by alternating months. The irrigation lines have heen winterized. Rctainage ti.)r this project is heing held for the plants ti.H' the duration of the two-year warranty period. Recommcndation We recommend the C(luncil approve Pay Estimak #3 t()r Margolis Company of Roseville. MN in the amount or S 1.591.93. . URS Copy )'\. Ci~y Copy APPLICATION FOR PAYMENT Contractor Copy . PAYMENT NO.3 Inspector CC9Y Project. CSAH 96 Landscape and Irrigation Improvement Project . Owner: City of Arden Hills Owner No.: Contractor: Margolis Company URS Job No.: 31809929.00201 Application Date: 10/24/2006 For Period Ending: 10/31/2006 Original Contract Amount: $176,732.50 Contract Amendments: $0,00 Contract Amount To Date: $176,732.50 Total Amount of Work Complete To Date: $173,428.50 Material Suitably Stored On-Site but not Incorporated Into Work: $0.00 Gross Amount Due To Date: $173,428.50 Less 12.54% Retainage: $21,747.93 Amount Due To Date: $151,680,57 Less Previous Payments: $150,088,64 Total Due This Application: $1,591.93 I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: . By: -<\: Date: /J Itt!br;; , - ___._._M_ / I ' I The work shown on this project and the application for payment have been reviewed and the amount shown is recommended for payment. Date: 1/- 6 -t/6 APPROVED FOR PAYMENT Owner: City of Arden Hills By: Date: . Page 1 of 5 , Payment History . Payment Payment Payment Application Number End Date Date Amount 1 6/30/2006 6/1/2006 $137,513.11 2 7/14/2006 7/17/2006 $12,575.53 Total Payments: $150,088.64 . . Page 2 of 5 " ~ ~}--lILLS City ot Arden Hills . Reql!eS! ~or <:::ouncil A~tion Prepared by: SPJ ,-.,"^"....' ...:...~., Agenda Item 1';~: Dept.: Admin Council Mtg. Date: 11/13/2006 Motion to Approve Resolution #06-52: Certifying the 2006 City of Arden Final Action Needed By: Hills Municipal Election Canvass Results 11/13/2006 Budgeted Amount: $0.00 Actual Amount: $0.00 --.. -- - Funding Source: NA Council Action Request: City Council Motion to Approve Resolution #06-52: Certifying the 2006 City of Arden Hills Municipal Election Canvass Results Staff Recommendation: Motion to Approve Resolution #06-52: Certifying the 2006 City of Arden Hills Municipal Election Canvass Results Advisory Commission Action: __ __..__ un _ _... __ _ . _ __ __ ___ -. -. .... ..-" ... __.____un . -- .... .-- ----- ..... -.. ....---..-....-.. Commission Date' Action .. .-. -.. .-...- ---..---.-. ..--...-..-. --. .-. ---.-....-....--.--- ..- .. . ... ___.._ .._____n__ ._.. "' ... _....__..___ _..__ __ _ . PI9nning - .,. '" HN()t Applicable" .. ._ ._m__ __ _ .n_ __..._.. PTRC _ __tJ()L~RPJlc_al?le , ,_ _,,____ , __. ________..._m __ .... n_ .n __ _ Not applicable . Supporting Documents (which are attached to this Action Form): [gI Memo/Letter: From Schawn Johnson, Assistant City Administrator-November 8,2006 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: [gI Other: . Arden Hills Resolution #06-52 . City of Arden Hills 2006 General Election Results Financial Implications: Administrator/Staff Comments: . Page 1 of 1 , . ~ '1\~HILLS ME1\IORANDUM DATE: November 8, 200Cl Agenda Item 7.A. TO: Honorable Mayor and City Council 'Members Michelle Wolfe, City Administrator FROM: Schawn Johnson, Assistant to the City Administrator SUBJECT: Resolution 06-52: Ccrti(ying the 2006 City of Arden Hills Municipal Election Canvass Results Back2round For your review, City stair has attached a copy of Rcsolution 06-52 and an election abstract certifying the 2006 municipal election results from the November ih general election. Members of the City Council are required by State Statute to ccrtify the rcsults of the Municipal Elcction to the Ramsey County Auditor within seven (7) days of the General Election. . Recommendation Motion to approve Resolution 06-52: Ccrtifying the lOO() City of Arden Hills Municipal Election Canvass Results Declaring: . Stan Harpstead as Arden Hills Mayor for a four year term begilming in January 2007; . David McClung as Arden Hills City Councilmcl1lber for a four year ternl beginning in January 2007; . and, Fran Holmes as Arden Hills City COllncill1lel1lber lor a four year ternl beginning in January 2007. Attachments: . Resolution 06-52 . City of Arden Hills 2006 General Election Results . t . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF l\UNNESOTA RI<~SOLUTION No. 06-52 RESOLUTIONS CERTIFYING 2006 1\1UNICIPAL ELECTION CANVASS RESULTS \VHEREAS, the City of Arden Hills held its General Election on November 7,2006; and \VHEREAS, Minnesota Statutc 205.185. Subd. 3, requires that the City Council canvass the results ofthe election within seven (7) days of the election; and WHEREAS, the City Council met on November 13,2006 as an item of business at a City Council mceting, as a canvassing board to review the results of the election. THEREFORE, BE IT RESOL VEl) by the City Council of the City of Arden Hills, Minnesota, that voting for the office of Mayor, whcre there was one to be elected a four-year term at the November 7, 2006 General Election. held in and for said City, has been in all respects, duly canvassed by this City Council in accordance with thc law, It is hereby found and determincd that the total votes cast upon the offices for each candidatcs at said election wcrc as follows: . 'u, ___ _'_____-----;-,.._'_~ MAYOR #J'otes -"--. .-. --- ...---- 5~~n Harpstead ,_, _,____ 2,138 _ ~;lin ~~;;~WSIL~E~. ~.!,9~~ . THEREI"ORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that voting for thc office of City Council, where there wcre two to be elccted a four-year tem1S at the November 7, 2006 General Election, held in and for said City, has been in all rcspects, duly canvassed by this City Council in accordancc with the law, It is hereby found and determined that the total votes cast upon thc offices for each candidates at said election were as follows: p. cOUIvi}ii MEMBElls-i-=-=-#vot;,s- Day!.~cClun~ --------r---- _,__.2.33L,_u _!..!an Holmes ,_,___J_____},615 Roberta Thon~~9n" ____---.1.267 _ Scott Woolfr~y_,____,_ ,___1,061__ Writc 111 Votes 28 .~_.._---_.- ---~_. -- .--------.-"-- BE IT RESOLVED, that as a result of said canvass, Stan Harpstcad be dcclared elected Mayor for a four-year term commencing at the first meeting in January 2006. . BE IT FURTHER RESOI,VED. that as a result of said canvass, David McClung and Fran , Holmes be declared elected City Councilmembers for four-year temlS commencing at the first . meeting in January 2006. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DA Y OF NOVEMBER, 2006. -.--.. BEVERLY APUKOWSKI, MAYOR ATTEST: _n_ ----.. ...-------- MICHELLE A. WOLFE, CITY ADMINISTRATOR . . . . 2006 City of Ard.'s Election Results . CITY OF ARDEN HILLS STATE GENERAL ELECTION - NOVEMBER 7,2006 I I I , Prebyterian Church j:)_~~~yt~~i~n Hl:)_~~~__ Valentine Hills Arden Hills Grand Totals .__.__.__.__.... ___ __.__ ___. __u_ .---------- .. ******************************** of the Way Elementary City Hall P1 P2 P3 P4 VOTES ******************************** 17 1,971 2,138 '""":'?~~:7-!\;ti:';J@~;i;..4;1,gp' 3 5 9 28 388 490 434 2,337 son 214 340 237 1 ,267 253 401 415 1,625 158 268 283 1 ,061 ,<r*<;:;''::fA:<1',016'\~:\,:.',,'';;.''!~}n:~;it:::'0iGi(~:1 ;'504 "~!!/j,,2Y3~~J,':t';'SC:,\:,,7,~::":;O'1 {3il.8J;1;' ';;i;~~~;j::'.');>>K6i31 Q' \\Metro-inet.us\ArdenHills\Admin\Elections\2006\Candidate Information\Election Canvassing\2006 City of Arden Hills Election Results Page 1 CITY OF ARDEN HILLS STATE GENERAL ELECTION - NOVEMBER 7,2006 :~~~****~**~~~****~,~~***~~~~~*~***~***,~**'-~***;;::i!:~1t.ij~~I;~I~:~:!:I" ~~~b~erian !io~,e~-I:IIIII!'t!i~:::, ,_~~~~n H~Ws---,lill:!j:,I~:llli':!:I~;II:lI11~f:i"::::I,'~:~;i:'~ ~;~:FICES _ ===;m --=,,2 ~_I=-"4_111 \lote ~or One ..'",'",: ..,,',','::...... 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", ", '." ....:.:.. :'"'::::::::":'. ....:.:.:.:.:... .::J:.. . . . paef 1 . . .r- - City o.en Hills r - State General Election Results November 7, 2006 Number of Elec Day Precinct Registered Voter Total Reg, Number Voting Percent No. Location Voters-7AM Registrations Voters (Absentee & Reg Voters) Turnout 1 Presbyterian Church of the Way 901 73 618 736 81.7% 2 Presbyterian Homes 1,463 100 948 1,151 82.4% 3 Valentine Hills Elementary 1,981 316 860 1,187 59.9% 4 Arden Hills City Hall 2,127 151 1,317 1,602 75,3% TOTAL VOTER TURNOUT: 6,472 640 3,743 4,676 72.2% ----"----------- ---------- ---------- ------------------- ------------- --------------- ---------- ---------- ------------------- ------------- 7486748674867486748674867486748674867486 Statewide Average: Countywide Average: City of Arden Hills State General Election Voter Turnout Results November 7, 2006 Number of Elec Day Number of Registered Voter Registered Voting Totals Voting City of Arden Hills Voters-7AM Registrations Voters (Absentee & Reg Voters) Percents 6,472 640 3,743 4,676 7~.2O/o TOTAL VOTER TURNOUT: 6,472 640 3,743 4,676 72,2% ----.----------- ---------- ---------- ------------------- ------------- ----.----------- ---------- ---------- ------------------- ------------- 72,00% ~ ~~HILLS City of A.-den Hills . Re(IUcst 't)}- Council Acti~)},~_ --- - ..-. Prepared by: MO ft0 Agenda Item JB Dept.: Public Works Council Mtg. Date: 11/13/06 Motion to approve staff's recommendations re~ardin~ the 2007 Final Action Needed By: Celebratin~ Arden Hills Event. Budgeted Amount: Actual Amount: " FundinQ S~,urce: Council Action Request: Motion to approve staff's recommendations regarding the 2007 Celebrating Arden Hills Event. Staff Recommendation: Staff recommends holding Celebrating Arden Hills on our traditional date (June 23, 2007) at Tony Schmidt Regional Park and advertising this year's event with a theme of Music in the Park and culminating with a fireworks finale. The Shoreview Northern Lights Variety Band would perform before and throughout the fireworks display. Advisory Commission Action: Commission Date Action Planning !\Jot Applicable PTRC Not Applic?ble -....--.....-.. Not applicable . Supporting Documents (which are attached to this Action Form): [8J Memo/Letter: Memo dated November 8, 2006 from Michelle Olson - Parks and Recreation Manager o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: The overall budget impact will depend on the availability of sponsorships. The expenditures for this type of event are estimated at $10,500. Administrator/Staff Comments: . Page 1 of 1 ~ . ~~HILLS MEMORANDUM DATE: October 25,2006 AGENDA ITEM: 7B TO: Mayor and Council Michelle Wolfe; City Administrator }~ROM : . ~""'-I"..i.'''' Michelle Olson, Parks and Rccrcation Manager!' -.1' SUBJECT: Recommendations for Celebrating Arden Hills - 2007 BACKGROUND At thc September 14th City Council Work Session, staff prescnted a recap of the 2006 Celebrating Arden Hills Event with a budget summary. At that time, staff asked for direction for the upcoming 2007 event. Thc City Council consensus at that meeting was for staff to plan a condensed vcrsion of the cvent for 2007 in order for the future of thc event to be evaluated f1111hcr. Based on those discussions, below is thc staff recommendation on how to proceed for this year's cvent: . Music in the Park followed bv Fireworks Advcrtise our event with a theme of music in the park and a fireworks finalc on our traditional Celebrating Ardcn Hills date. Staff has contacted the Shorevicw Northem Lights Variety Band and they are available and very intercsted in participating in our event. Band Time: 8:30-10:00 p.m. Date of display: June 23, 2007 - dusk (approximately 10:00 p.m.) Location: Tony Schmidt Regional Park Approximate Budget: *$10,500 (fireworks, insurance, park pemlit, gencrator rental, showmobilc rental, band. *This figure does not include any Public Works salaries. We would have to have a couple of public works stafr and the Parks and Recreation Manager on duty to deliver and monitor the generator, set up the safety zone, and to manage event. A condensed vcrsion of Celcbrating Arden Hills will allow for limited parking at Tony Schmidt Park (the large parking arc a across from the lakc will not be available duc to the fireworks safcty . zone) and the road will not be closed. Sponsorships may be a challenge with a down sized event. It could be a possibility to find a few larger sponsors to cover the fireworks and/or the band. RECOMMENDA TION Staff recommends approval of the above rccommendations for the 2007 Celebrating Arden Hills . event. IIMctro,inet.uslardenhiIIsIPR&P\\'IRen~ation\M I :1\10SIRccol1llllendations Illr ('A 1-1 2007 _doc ,- ~ . ---A~JIILLS . JL/J~ CIty ot Arden H1lls . 'Prepared by: _'._On -, . Reque_~t fO~,~ounc.~1 Ac!~C?_n Agenda Item t.O Dept.: Cdm. Dev Council Mtg. Date: 11/13/2006 PC #06-034: Zoning Regulations Update & Re-codification Final Action Needed By: City of Arden Hills Budgeted Amount: $0.00 Actual Amount: $0.00 ____.__n -- ,.' Funding Source: ~ Council Action Request: Consider a motion to approve Ordinance #381 to update and re~codify the zoning regulations into Chapter 13: Zoning Code of the official City Code of Ordinances. Staff Recommendation: Approve Ordinance 381, which incorporates the updates and re-codification as propo,sed in the attached memo and zoning code. Advisory Commission Action: ......----. n._.. . ...". ..... .......-.... ....- .. .......-... Commission Date Action ....-- .............-. ..--.... - -.. ................ -..- ..-. Planning 11/1/2006 Approved PTRC Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): [;8J Memo/Letter: Report to the City Council o Resolution (No. ) [;8J Ordinance (No,381: Chapter 13: Zoning Code) o Engineering Recommendation: o Attorney Recommendation: [;8J Other: Draft Chapter 13: Zoning Code for the City Code Financial Implications: Administrator/Staff Comments: . Page 1 of 1 - , . ~ ~~~ILLS MEMORANDUM DATE: Novcmbcr 7, 1006 CC Agenda Item 7.C TO: Mayor & City COllllcil FROl\:J: Jan:c, LChnh~ff, Cily Planni'- SUBJECT: PC # 06-034 Zoning Code Re-codification & Update Requested Action Consider a motion to approve Ordinance #381 to update and re-codify the zoning regulations into Chapter 13: Zoning Code of the official City Code of Ordinances. Backl?;round . Ovcr thc last few months, StafThas been prcparing the zoning regulations for re-codification and to incorporate it as Chapter 13 of thc City Codc. This memo outlincs thc proposed updatcs and modifications to the zoning regulations. Much of the updating process was needcd to bring the zoning regulations into confomlance with State Statutes, incorporate past zoning ordinancc changcs/additions, and to clarify certain sections of the zoning regulations. Therc are a few proposed changcs that, while not required, are bcing recommended to resolve ongoing issues and to implement common planning practices. The changes that arc not required will be noted throughout this memo. At this time, Staff is not recommending any changcs to the zoning districts, lot sizes, uses, impervious coveragc limits, or setbacks. The primary goal of this process is to clean up the zoning regulations and to provide an up to date copy for City Staff, City Officials, and the public. Once the zoning regulations arc updated and the comprehensive plan updatc is finishcd, it may then be prudent to discuss more substantial policy changcs to the various zoning districts. Except for the re-numbering of each section, most ofthc zoning code is unaltered. Although the complete dran ofthc Zoning Codc is attached, this memo outlincs the content changes section by section for casy refercnce. The full Zoning Code is included with this memo to provide the context 0 r the zoning regulations. [Whel:e p~ssible" the ,ne\~-a~~,i,tioni0 th,~~~it.?,~i~;-~, ~~ni~ . iiA!elro-illel./Is\ordelllzi/{si/'{allllillgiP{l/Illlillg Casc,\';200(Jilln-OJ-Ilollillg Code Reroditicalioll (I'ENDIN(Jjil {II/liD' C(' Alu"o - LOllillg R,'('o,hjh'lllioll,d,)(' Page 1 of 13 , . R;~-d~ll;\~e~~}Q~d_e~U;-I~~h:;th~'m stand oll_!:JCorrections to cross references, spelling crrors, . grammatical corrections, and other similar changes that did not altcr the content, intent, or reach of the Zoning Code arc not included in this memo. General Chan2cs Zoning Ordinance -7 Chapter /3 (~f the City Code As noted above, the revised zoning regulations are proposcd to become Chapter 13 of the City Codc in this updatc proccss. The zoning regulations have the same function as a stand alone zoning ordinance or as dircctly part of the City Code, Howevcr, the ncw Zoning Code will follow the same formatting and numbcring system as the rcst of the City Code when it is complcted. The consistcnt numbcr systcm will make it casier to locate infomlation, apply future updates. and kcep thc City's numhering system for all regulations consistent. The new Chapter 13 wi II also incorporatc thc shoreland ordinance and flood plain ordinancc into thc full Zoning Code portion of the City Code. Although the Adult use regulations are recommended to bccome Scction 1340 of the Zoning Code for rcfcrencc purposes, it would not be considered a full part of the Zoning Code undcr Section 1300.01. State Statutes do not require thc adult use regulations to be fully incorporated into the Zoning Code. Adult use regulations are particularly scnsitive to lcgislative and judicial changcs, and creating the cxception in Scction 1300.0 I will make updating the adult use regulations more efficient should . the need arisc. Special Use Permits -7 Conditional Use Permits While it is not a required change, State Statutes no longer use the term "special use" or "spccial use permit.'" Most cities have switchcd to calling these types of uses and pemlits "conditional usc" and "conditional usc pcrmits;' which is the language used in State Statutes. Tcchnically, a city is required to approve a conditional/special use permit if the applicant can successfully demonstrate that the potential ncgative impacts of the proposed use can be mitigated. Howcver, a city is allowed to apply conditions to a conditional use to ensure that the negative impacts of a conditional use arc mitigated. FUl1hermore, "specialllse" implies that it is a use that is not normally pcrmitted but can be specially grantcd if the City so chooses. Thc conditional use language more accurately describes the process and is a better reflcction of State Statutes. Please notc that changing the title of the pcnnit or process will not impact thc City's review process or past spccial usc permits. All past specialllsc permits \\'i II remain in effcct. ::Mel/'{},-illt'l.lIsiardl'llhill.\ '/'/lIllni/lg:l'/all/lillg Cils('si20()oi06,034 loni/lg Code Rccodl/icalio/l (PENn/NG)\//0701i - CC Melllo ,/.o/ling . Rccodi/i< aliondo(' Page 2 of 13 . Chan2es by Section Chapter J 3: Zoning Code Tab/e of COlltents NEW SECTION SECTION TITLE OLD SECTION NUMBER NUMBER .---..----.- -...-,.... ----.-- SECTION 1300 TITLE, PURPOSE AND INTENT 1 -. ..-.---- -'--.-. --'---.._-- -.--- SECTION 1305 RULES, SCOPE, INTERPRETATION AND 2 DEFINITIONS ---"--...-.-- -..-------- ...--..----.------.-.--- 3 SECTION 1310 I MINIMUM ORDINANCE COMPLIANCE 'SECTION 13'f'5--TIONING MAP AND BOUNDARIES 6F ZONING 4 . DISTRICTS ------ --- ----..---------...... SECTION 1320 DISTRICT PROVISIONS 5 "--"--'--'--'--'- - SECTION 1325 GENERAL REGULATIONS 6 -----.-...__ "___.n., .____.. o ___.. SECTION 1330 SHORELAND REGULATIONS -- .--.------ "---.-- ----- '-' ---- SECTION 1335 FLOOD PLAIN REGULATIONS -- -- --"'---'--. .. ----.------- "-- -'--'-'--. SECTION 1340 ADULT USE REGULATIONS -- 'SECTION '1345J CONDiTIONAiuSES----'------ -- 7 --......-.-.-..- "---...----.---.- .- -.----- SECTION 1350 I NONCONFORMING REGULATIONS 9 --.-.------ .-..--.....--.----. --.---- SECTION 1355 ADMINISTRATION AND PROCEDURES 8 .. ....------...-.-.. .--..-. .. ----.---.----- ----...--- SECTION 1360 SPECIAL PROVISIONS 10 --.-.-------.---.--. .---. SECTION 1365 BUILDING PERMITS AND CERTIFICATES OF 11 OCCUPANCY . --..-."----. .--.-------. --.---- SECTION 1370 ,ENFORCEMENT 12 S'ECTION1375---t EF-FECTUATIO~'REMOVED '-, 13 J 300: TITLE. PURPOSE, AND INTENT The City Attorney has recommended defining the specific sections ofthc Zoning Code in this Section. The reason for defining the specitic sections that comprise the Zoning Code is because changes to the zoning regulations rcquire a public hcaringunder State Statutes. As mentioned above, Section 1300.01 does not include the adult use regulations as part of the official Zoning Code. Although the adult use regulations and the zoning regulations are interrelated, thc adult use regulations do not require a public hcaring for changes. 1305: RULES: SCOPE. INTERPRETATION, & DEFINITIONS The definitions from the Shorcland Ordinance (Section 1330) and Flood Plain (Section 1335) have becn incorporated into this Section. Except for two additional changes discussed below, the remaining definitions have not been changed. . : ';\1cl/'O'inl'l.lIs'anICl1hil/s'Plnnnin,g Planning Cilsn-i;!006JI6-1!34 /.oning <. 'ode Rl'('odi/iailion iPI:NUING): /1(17(16 - ('(' Melllo ' ZO/ling R.-'u"li/icalion, dol' Page 3 of 13 1310: M1Nl/\lfUAI COlli/PLIANCE REQUIRE/vfENTS . Section 1310.03 is cntirely new and is a departure from the current zoning regulations. Background infonnation for the two proposcd subdivisions in 1310.03 is providcd below. SubcLL If a property is composed of two or more "Lots of Record," the City's zoning and subdivision regulations currently do not rcquire thc propcrty owner to go through thc subdivision process to revert a property back to the original lot lines-even if the previous lots of record arc nonconforming under current regulations. These situations arise \vhen a person purchased two or morc properties in the past but combined the properties for tax purposes, building purposes, and/or to creatc larger lots. 111 some cases, two individual lots of record are nonconfonning when separated but are conforming when left comhined. For example, in the southeastern part of the City, there was a property that was composed of three nonconforming lots ofrccord. The existing regulations required the City to allow the property o\vner to rcvert the single conforming property back into three nonconforming properties despite the fact that each propcrty had less than half of the required minimum lot area for the underlying zone. The proposed rcgulations in Section 1310.03 Suhd'1 would prohibit property owners from reveliing a confom1ing propcrty back to the original lots ofrecord i r the lots of record do not meet current minimum requirements. As the pressurc [or infill development increases, thc City will likely see an increase in . propcrty owncrs that want to recreate nonconfom1ing propcrtics. Nonconfonning properties can be di rficult to develop due to limited acccss to a public roads, substandard soils, wetland coverage, and they may create higher than desired densities in certain neighborhoods. Despite these potential difliculties, the City would be requircd to permit reasonable of a lot of record once it is restored to the old lot lines cven if it is now lloncontonning. This provision helps the City stop the increase of "new" nonconf(xming properties. Properties that are composed of two or more lots of record that meet the minimum requirements of the underlying zone would still be pem1itted to revert back to the original propcrty lines. Subd 2:, Ifa person purchases two or more properties and builds across the property line, this subdivision would require the property owner to combine the properties into a single property. This regulation is essentially already followed, but this subdivision would codify the requirement. :!ilklm-ill"l./ls:w-dcllhills:f'lill/l/iIlR'/'I{/IllIil/g Ca.\",.,ilOIi6'{)6,O]4 /.ollillg Codc Rccod((iraliol/ (f'f:NDING)!J 10/0r" CC Mell/o ,/.ol/ing . RCCOc!U1Clllioll.t!v(' Page 4 of 13 . 1315: ZONING MAP AND BOUNDARIES OF ZONING DISTRICTS Since the Zoning Code is bcing updatcd, the City Attorney has rccommended removing Subdivisions] and 2 oCSection 13 I 5.01. The rcason for this change is that thc Zoning Map will be current with this re-codification. Future changes to the Zoning Map will then be addcd to this Section as they occur. 13::0: DISTRICT PROf7S10NS Although this is onc of the most important sections of the zoning regulations, there arc only two changes to review in this Scction: . The references to the "Lexington Avenue Business Plan" have been removed. Thc Lexington A venue Business Plan was nevcr adopted by the City and docs not have any regulatory authority. . Section 1320.] 4 Subd 5 includes the voting requircments to approve a Planned Unit Dcvelopment (PUD). State law does not require a 4/5 approval for PUDs; however, thc City can be more rcstrictiveifthey so choose. While there is not a standard for cities on this issuc, the 3/5 vote requircment is becoming more common. Either way, this paragraph should bc moved to Section] 355, which is the Section that lists the evaluation procedures and voting rcquirements for all land use applications. Removing this paragraph does not change the voting requirements for PUDs. . 13::5: GENERAL REGULATiONS There are four areas with proposed changes in Section ! 325. . Accessory Structurcs. . Clear Vision Area. . Fences. . Weed I-lcight. While none of the proposed changes in Section 1325 are required by State Statutes, they do address long standing issues and help to clarify portions of the zoning regulations. Accessorv Structures: ] 325.01 - There arc proposed changes related to thc pennitted hcight and material of accessory structures, There is also a proposed change related to the process of reviewing deviations from the acccssory structure rcgulations. . Height: The current regulations limit accessory structure height to less than the height of the principal structure. The height limit for principal structures in the residential zones is 35 feet, which means that an accessory structure could potentially be 34.9 feet tall on a 728 square foot footprint. This could allow a properly owncr to create a multi-story accessory structure, The proposed . liMl'lrO,illcl.lIsillrdl'lIhills'PllIllllillgPllIllllillg ('a.\c.\ :]006'0("()34 7.ollillg C"de Rccod~t;clllioll WENlJING) I I I071J6 ' CC Melllo ,Zollillg RecoditiC'lllioll.rloc Page 5 of 13 . regulations would limit accessory structure hcight to 15 feet or no taller than the . principal structure, whichever is shorter. This height allows property owncrs to sti II have storage above, but it would limit building a full second story on new accessory structures. Common height limitations in other cities arc between 13 and 25 feet. I'Ieight is measured from the average level of the gradc along the foundation to the halfway point between the tallest peak and eavcs. The regulations in the accessory structurc section do not affect attached garages. . Membrane Structures: Earlier this year, the City revised the accessory structure rcgulations to ban membranc structures. This ban unintentionally banned all tcmporary tents and other structures that are used for family reunions, picnics, greenhouses, etc. Thc intent of the ban was to stop the use of tent structures used for garagcs in rcsidential areas; howevcr, thc ban overreached its initial goal. The revised regulation would permit pennanent membranc structures in non- residential areas subject to the site plan revicw process. Temporary membrane structures would bc pemlittcd in non-residential areas for up to six months with an approved building permit, which is primarily meant to address greenhouses in the commercial zones. Finally, temporary membranc structures would bc allowed for up to two days in any zone without a pcmlit. The two day excmpt membrane structures would covcr the family reunion tents, picnic tents, and similar types of . tents. Pel1nanent mcmbrane structures in residential arcas would still not be pcrmitted. . Site Plan Review, CUlTcntIy, to deviate from the accessory structure standards, propcrty owncrs arc required to go through the variance process. For the most part. it is very difficult to provc a hardship to grant a variance for an accessory structure, even if the proposal were lcgitimatc. Another option is to have deviations from thc accessory structure regulations bc dealt with through the site plan revicw proccss, which docs not utilize thc hardship critcria but still gives thc City discrction to approvc or deny such applications. Under the proposal, a variancc would still be required to exceed thc total accessory structure square footage pcrmittcd for a residential property, Clear Vision Arca, The current zoning regulations provide two separate definitions (or the clcar vision arca at intersections. The clear vision area is used to make sure that fencing, landscaping, and signs do not intcrfere with traffic or pedestrian safety. To be consistent, Staff is proposing to eliminate both definitions and use the clear vision area definition adopted in the Sign Code. The references to the clear definition area in Sections 1325.03 Subd 2.C and 1325.05 Subd 4.K will refer to the new clear definition area, which is described in full in the definitions section (Section 1305.04 Subd 30). The i',-\1('rro,inel./I.\';ard,-'nlull.l PlmIllill'!!"!'llIn/lill,l!. ClIses'!IJ06\06.034 Zonin,l!. Code RccodijiratlOlI WEN/lINGjIII0706 . CC Memo, Loning . !<",:odificlIrio/l,d,,(' Page 6 of)3 . ncw definition incorporates the area that would have been in the previous clear vision area definitions. Fences, (Section 1325.05 Subd 4 ). There are two proposed changes to the fence regulations. . So far this year, thc City has had two applications to construct a fcnce in the secondary fJ.ont yard of a comer lot. The current City regulations prohibit fenccs taller than three fect in thc front yard. However, comer lots have two front yards and are not able to construct a fence in the secondary front yard without an approved site plan review. The proposed modification to Section 1325.05 Subd 4.1\ would permit fences up to six fect in height in the secondary front yard through the regular pemlitting process. Fences within the forty foot primary front yard setback would still bc limited to three feet in hcight without an approved site plan review. . The City currently requires all fences to be at least 30 percent open, which means that a property owner could not build a solid fcnce without an approved site plan review. Most of the fences along Lexington A venue are solid fcnces. The updatcd Zoning Code would eliminate this requirement, which is in Section 6.EA.c of the currcnt Zoning Ordinance. . Wecd l{eight (Scction 1325.0} Subd 2.B). At the recommendation of the Propcrty Maintenance Committee, the height limit for noxious weeds has been reduced from twelve to eight inches. 1330: Sl-/ORELAND REGUL1T10NS The shoreland regulations are essentially unchangcd cxcept for thc section on boathouses, which are more generally known as water-OIicntcd accessory structures (Section 1330.02 Subd 7). A water-oriented accessory structure includes most any structure that is within the required lake sctback area. A definition of water-oriented accessory structure is proposed to be added to Section 1305.04 Subd 184. The languagc in the shoreland ordinance is somewhat ambiguous on the boathouse issue; however, it appears that new boat houses can be permitted through the conditional use (special use) permitting process. At the Planning Commission work session, the proposal of banning new boat houses was discussed, and, in fact, it was thc understanding of some Staif membcrs that ne\v boat houses were alrcady banned. The City did institute a moratorium (ordinance #341) on new boathouses in 2002, but it does not appear that any changes \',,'ere made to the shorcland ordinance aftcr the moratorium expired. . \iAk/ro-ill('/,lIsiarc!ellhill,0/'!ullnillgJ'!1I/1l1i1lg ('USl's::!U(}(,'06,034 7.ollillg Coc!e Rccoc!ijica/ion (PDVDINGjiII07U6, CC Memo. Zoning R,'codifico/ioll,doc Page 7 of 13 The Department of Natural Resourccs (DNR) was consultcd on this issue, and while they . encourage cities to prohibit the construction ornew water-oriented acccssory structurcs, the DNR has not fully banncd the construction of new water-oriented acccssory structures. Thcrc is, howcver, a statewide prohibition on new boathouscs that are partially or entirely in the watcr. The Planning Commission did vote 5-0 to prohibit new water-oricntcd acccssory structures. lfthe construction orncw \vater-oriented acccssory structures is banned as proposed, the existing boathouscs would becomc legal, nonconforming structures that could bc maintained, replaced, and repaired as nceded. However, existing boat houscs could not bc expanded, The definitions section from thc shoreland ordinancc was integrated with the definitions in Section 1305. SECTION 1335: FLOOD PLAINS Therc are not any content changes to the flood plain regulations. The flood plain rcgulations wcre a stand alone ordinance; howcver, documentation from when the flood plain regulations were passcd indicatcs that thc flood plan regulations were intended to be paJi of the Zoning Code, The noncon forming uses/lots section was largely rcmoved since Section 1350 controls . the nonconforming regulations for the cntirc Zoning Code. The definitions section was removed and integrated with the definitions in Section 1305. SECTION J 340: ADUL T USES When the Planning Commission revicwed this scction, there were not any proposed changes to the adult use regulations. Howevcr, the City Attorney has since rccommcnded the following two changes to reflect very recent changes to Statc Statutes: . Section 1340.02 Subd 2: the definition of "Adult Uses. Generally" has becn updated to conform to Statc Statutes. . Section 1340.04: Prohibited Uses, State Statutcs now allow citics to ban certain adult uses under ccrtain conditions. This updated provision bans adult uses in Arden Hills that are classified as "obscenc" by Minn. Stat. ~617 .24 L Subd. I A and/or as an "Adult Entertainmcnt Establishment" by Minn. Stat. ~617.242, Subd. 1. \ ':t1cf/'O-illl'f,/IS'an/clI/1il1s:P/allllillg'P/allllillg ('ascs,.!OO(>'()(,-(}3-1 /allillg Codc Rccodijimfioll (I'ENf)/NGj\ / /(I.7U6 - ({' ,\lCII/O ' /ollif/g . Rcco(hfiCt/fi(III,t!oc Page 8 of 13 t . The definitions p0l1ion of the adult usc regulations was not incorporated into the gcneral definitions section because some of the definitions are vcry specific to the adult usc regulations. SEC710N 1345: CONDI110NAL USES Except for changing from the '"special use" phrasing to the "conditional use" phrasing. thcre arc not any content changes to this Scction. SECT[ON 1350: NONCONFORMING USES, BUILDINGS, AND LOT Approximately two years ago, the State changed the regulations rcgarding nonconforming structurcs and uses. Under the ncw law, nonconfonning uses and structures cannot be expandcd but they can bc continued through repair, replaccment, restoration, maintenance, or improvement even if the entire structure is dcstroyed by natural forces or simply torn down for reconstruction. However, thc rebuilt or restored stmcture cannot exceed any of the dimcnsions of the prcvious nonconfonning stmcture. Furthermore, the property owncr must apply for necessary building pern1its within 180 days of the rcmoval or dcstruction of the structure or the City can requirc the new structure to mect all current requiremcnts. . The old regulations stated that if a structure or use was destroyed to an extcnt that brreater than fi fly percent of its market value wcre lost, thc City could require the new structurc to conform to all currcnt requirements, The ncw State Statutc provides considerably more 1lexibility to the property o\vncr. State Statutes also prohibit the amortization of nonconfom1ing uses and stmcturcs. The old Statute allowcd a city to require nonconforming propel1ies/stmctures/uscs to become conforn1ing within a ccrtain pcriod of time. This strategy is no longer an option for cities and has been removed from the updated Zoning Code. SHCTlON 1355: AOMINISTRA nON AND PROCEDURES V otill~ RCL)uircmcnts:. State Statutes do not require a 4/5 vote to approve Planned Unit Developments (PUDs) or to amcnd the zoning regulations. The State did require a 4/5 vote for rezonillgs; however, that requirement bas been eliminated unless land is bcing rezoned from residential to commcrcial or industrial, in which case a 4/5 vote is still rCL)uired. A city can be more restrictive in voting requirements, though it is increasingly common for cities usc a 3/5 votc approval requiremcnt for rezonings, zoning regulation amendmcnts, and PUDs. The Planning Commission has recommended changing the . \:Mc/ro'illi'!.IIS!o/'dcllhillsP/ollllillg\l'/ollning ('0.1''',1\::006\06,03-1 Loning Cod,. Rt!codi[icalioll (I'END/NG)\//07U6, CC Mcmo - L(ming Recodijico/i('n,d()c Page 9 of 13 f approval requirement for zoning amendments. rezonings, and planncd unit developments . from a 4/5 approval to a majority oCthe full Council: . Zoning Code Amendment (Section 1355.04 Subd I.B). . Rezoning Voting Requirement (Section 1355.04 Subd 2.C & 2.D), . Planned Unit Development Voting Requiremcnt (Section 1355.04 Subd 6.C) Section 1355.05 Subd 2.0 for rezonings would still require a 4/5 vote to approve rczoning a rcsidcntial property to a commcrcial or industrial zone. which is still a requircment of State Statutcs. Varianccs, conditional usc permits, and sitc plan rcviews currently require a majority vote for approval. Variance Review Proccdures (Section 1355.04 Subd 4.C). The variance rcview criteria have been updatcd to match the language in State Statutes, which is rccommcnded by the Lcague of Minncsota Cities. While the previous language was not necessarily incorrect, the new language is clearcr and consistent with State review criteria. Thc overall intcnt of the review criteria is the same. The wording uscd in State Statutes has been included in thc variance applications that have bccn processcd in 2006, SFCT/ON 1360: SPECLIL PROVISIONS, lVllS 1340 at the lvork session There are not any content changes to this Scction, . SECT/ON 1365: BUILDING PFRMITS AND CERT!F!C~ITES OF OCCUPANCY-/ormcr!r 1360 Since the Building Orficial is the person that grants certificatcs of occupancy, the refercnce to the City Planncr has been removed. There are not any other changes to this Section. SECTION 1370: ENFORCEAfENT The City Attorncy recommended removing Section 1370.03. Since the most up to date violations language is alrcady in Section 120 of the City Codc, it is not necessary to duplicate that information in thc Zoning Codc. Section 120 of the City Code will be in effect for the Zoning Code. I\Mel/'{),inl.'/.lIs!ardcllhillsi/'/annillgP/allllillg Ca,\f'.I':.'006,06,03.f :lollillg Codc Recodi(icalioll (I'FNnINCi'jiII0706 - ('C Memo, :loning . RI'colli(il'{11 iOll, doC' l)age 10 of 13 . SECTION 1375: EFFfXTUATlON - REAfOVED The City Attorney recommended removing this entire section since it is part of the City Code. Plannim~ Commission Recommendation & Proposed Motion Lan2ua2e The Planning Commission reviewed all of the proposed changes within this documcnt except the proposed changes to the adult use regulations (Section 1340). All proposed changes were recommended for approval on a vote of 5-0 except for one. The proposal to eliminate the requircment for fenccs to be at least thirty percent open passed on a 4-1 vote (section 1325.05 Subcl 4), Although each proposed change to the zoning regulations can be done with a separate motion, the non-controversial changes can be groupcd together if the City Council so chooscs. The Planning Commission did group a majority of the proposed changes together, though the proposed changes to the voting requirements for PUDs, rczonings, and zoning regulation amendments were done as separate motions. To facilitate the review process, each proposed change or addition is listed below with motion language and a reference number. The numbers can be groups togethcr in a single motion. A . 4/5 vote is required to approve any of the proposed changes. Gel/eral Amcndmenl I. Motion to approve/deny re-codifying the zoning regulations into the City Code as rh'ln1<='or 1 '1. r-/r'\.....;n/-r 1"''''''......... '-,LJUpl\..... 1_'. L..VJ.1l1J5 \....U\.l\... Section J 300 - Title, Purpose, ond Inlent ") Motion to approve/deny Section 1300 as proposed. Section 1305: Rules, Scope, Inlel'lJretalion, & Dejinilions '" Motion to approve/deny the proposed additions and amendments to the definitions in -) , Section 1305. Section 1310: Afinimul1l Compliance Requirements 4. Motion to approve/deny the addition of Section 1310.03 Subd 1 and 2 regarding the use and subdivision ofnonconfomling properties as proposcd. Section J 315: Zoning Jl,fap and Boundaries (~r Loning Districts 5. Motion to approve/deny Section 1315 as proposed. . \\Mdm-incI.1I.0I1r.!en!lllls\PwnningPlmllling ClIscs'!IIIir,\(io-034 ZOflin,!? ('ode Recodificlltion (/'FNO/NGjllll)?(Jo ' CC Melllo . ZOfling RccorlifiCtltio/l,.!O( , Page 1101' 13 '. Sectioll 1320: District Provisiolls . 6. Motion to approve/dcny the removal of the "Lexington ^ venue Busincss Plan" languagc throughout Section 1320 and the reference to the voting requircmcnts in Scction 1320.14 as proposed. Section 1325: General Regulaliolls 7. Motion to approve/deny the amcndments to the regulations regarding accessory structures as proposed Section 1325.01. 8. Motion to approve/dcny adding a definition for clear definition area to Scction 1305.04 and amending Sections 1325.03 Subd 2.C and 1325.05 Subd 4.L to refer to the definition for clear vision area. 9. Motion to approve/deny the amendment to the regulations regarding fences in secondary front yards as proposed in Section 1325,05 Subd 4.8. 10. Motion to approve/deny removing the thirty percent open space rcquirement for new fences from Section 1325.05 Subd 4. 11. Motion to approve/deny the amcndment to reduce the height limit for noxious weeds to eight inches from twelve inches in Section 1325.07 Subd 2.B. Sectioll 1330: Shorelalld Regulations 12. Motion to approve/deny incorporating the Shorcland Regulations into the Zoning Code as proposed in Section 1330 and incorporating the applicable definitions to Section 1305.04. 13. Motion to approve/deny prohibiting new watcr-oriented accessory structurcs as proposed in Section 1330.02 Subd 7 and adding a definition for water-oriented accessory structure . to Section 1305.04. Section 1335: Flood Plains 14, Motion to approve/deny incorporating the Flood Plain Regulations into the Zoning Code as Section 1335 and incorporating the applicable definitions to Section 1305.04. Sectioll 1340: Adull Uses 15. Motion to approve/deny incorporating the Adult Use Regulations into the Zoning Code as Section 1340. 16. Motion to approve/deny change the definition of "adult uses, generally" as proposed in Section 1340.02 Subd 2. 17. Motion to approve/deny prohibiting adult uses classified as "obscene" by Minn. Stat. S617.241, Subd. lA and/or as an '"Adult Entcrtainment Establishment" by Minn. Stat. S617.242, Subd. I as proposed in Section 1340.04. Section 1345: COllditiollal Uses 18. Motion to approve/deny amcnding thc Zoning Codc to change the "special usc" phrasing to "conditional use" phrasing as proposed in Section 1345 and throughout the Zoning Code. i\Ml'lrO-ille/.lIs;ardcllhil/;;P/allllillgJ'lallllillg Cascs;:!OU6JI(),03.J ZiJllillg G)(lc R('('(I(hj;ulIioIlIPEND/N(;);//1!70(), cc M('/IIo - LOlling . RecodiJ;, "llioll, Ilc)(' I'age 12 of 13 I . Section J 350: Nonconforming Uses, Buildings. and Lots 19. Motion to approve/deny amending the nonconfomling uses, buildings, and lots section of the Zoning Code to confonn to State Statutes as proposed in Section 1345. S'ection J 355: Adminislralion and Procedures 20. Motion to appro\'e/deny reducing the vote approval rcquirements for zoning amcndmcnts from a 4/5 majority to a majority of the full Council as proposed in Section 1355.05 Subd LB. 21. Motion to approve/deny rcducing the vote approval requirements for Rczonings from a 4/5 majority to a majority of the full Council as proposcd in Section 1355.04 Subd 2.C. 22. Motion to approve/deny rcducing the vote approval requircments for Planned Unit Developments from a 4/5 majority to a majority of thc full Council as proposed in Section 1355.04 Subd 6.C. 23. Motion to approvc/deny amending the variance evaluation criteria of the Zoning Code to confoml to State Statutes as proposed in Section 1355.04 Subd 4. Section J 365: Building Permils and Cerlificales o/Occupancy 24. Motion to approve/dcny amending Section 1365 to have the Building Official grant certificatcs of occupancy instead of the City Plallner as proposed in Section 1365. Section 1370: f'n{orCC/1/Cnl . 25. Motion to approve/dcny deleting Scction 1370.03 related to violations and penaltics. Section J 375: E/lixlulllion 26. Motion to approvc/deny deleting Section 1375: Effectuation. Notice Notice was publishcd in the Ardcn Hills/Shorevicw Bulletin as rcquircd by Statc Statutes. Options 1. Approve all or a grouping of the proposed modifications as writtcn. 2. Approve or deny cach modification separately as suhmitted. 3, Approve each proposed modification with changes. 4. Dcny all of the proposed modifications. 5. Table all or a portion of thc modifications for additional infomlation. Deadline for A1?;encv Actions The City of Arden Hills is the petitioner for the proposed changes, there is not a specific deadline for action on the proposcd modi ficatiolls. . iiAfclro-illc!.II.I':"rdC'llhi/lsi/'lallllillgiJ'llIllll/llg ClIscsi20116iO(>-U34 lOllillg ((>de R{'(odiJiC{1{iOIl (PENnING)il 10706, CC MC/l/o - Laning 11,'( '( >dificlIlil}/1,dor Page 13 of 13 I . Attachment 7C-l Ordinance #381 Adopting Chapter 13: Zoning Code into the City's Code of Ordinances . . November 13, 2006, City Council Meeting . Chapter 13: Zoning Code Table of Contents SECTION 1300 TITLE, PURPOSE AND INTENT SECTION 1305 RULES, SCOPE, INTERPRETATION AND DEFINITIONS SECTION 1310 MINIMUM ORDINANCE COMPLIANCE SECTION 1315 ZONING MAP AND BOUNDARIES OF ZONING DISTRICTS SECTION 1320 DISTRICT PROVISIONS SECTION 1325 GENERAL REGULATIONS SECTION 1330 SHORELAND REGULATIONS SECTION 1335 FLOOD PLAIN REGULATIONS SECTION 1340 ADULT USE REGULATIONS . SECTION 1345 CONDITIONAL USES SECTION 1350 NONCONFORMING REGULATIONS SECTION 1355 ADMINISTRATION AND PROCEDURES SECTION 13()0 SPECIAL PROVISIONS SECTION 1365 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY SECTION 1370 ENFORCEMENT . The City Council of Arden Hills, Minnesota, Ordains: . CHAPTER 13 - ZONING CODE Section 1300 - Title, Purpose, and Intent ~ -- EJ 1300.01 Title. Chaptcr 13, which includcs Sections 1300, 1305, 1310, 1315, 1320, 1325, 1330,1335,1345,1350,1355,1360, 1365, and 1370 ofthc City Code shall be known, cited as, and referred to as the Arden Hills Zoning Code, except as rcferred to herein whcre it shall be known as "this Code". --.---... . ------------- -....._- w 1300.02 Purpose and Intent. This Codc is enacted for thc following purposcs: Subd. I To promote the gcneral public hcalth, safety, comfort and general welfare of the inhabitants of the City of Arden HiIls, Minnesota. Subd.2 To promotc the character of and prcserve and enhancc the propertics and areas within thc city including wetlands, ponds and marshcs. Subd.3 To divide thc city into zones or districts on the basis of the use, location, construction, reconstruction and alteration of land and structures for residcnce, business, industrial and public purposes. . Subd.4 To providc adequate light, air, privacy and safcty. Subd. 5 To prevent the overcrowding of land by undue concentration of population. Subd.6 To promote the proper use of land and structures. Subd. 7 To fix reasonable standards to which buildings, structures and land shall conform for the bencfit of all. Subd. 8 To prohibit the use ofbuildings, structures, and lands that are incompatible with thc intcnded use or development of lands within the specificd zones. Subd.9 To promote thc safc and cfficicnt movement of people and goods. Subd. 10 To facilitate the provisions of public services. Subd. 11 To limit congcstion in the public strects and protect the public health and welfarc by providing for the off-street parking of vehicles and vehicle loading areas. Subd. 12 To protcct against fire, explosion, noxious fumes, offensive noisc, vibration, dust, odor, glare, hazardous waste, pollution and hazards in the intcrest of public health, . comfort and general welfare. Section] 300 - Title, Purpose, and In/ent Page] of2 . Subd. 13 To define and limit the powers and duties of the administrative officers and bodies provided for herein. . . 2 . . . . . Scction 1305 - Rulcs, Scopc, Interpretation, & Dcfinitions 1305.01 Rulcs of Construction. The language set forth in the text of this Code shall be interpreted in accordance with the following rules of constmction. Subd. 1. The singular numbcr includes the plural and the plural includcs the singular. Subd. 2. The prcsent tense includes the past and future tenses and the future includes the prcsent. Subd.3. The word "shall" is mandatory while the word "may" is permissive. Subd. 4. 'I11e masculine gender includes the femininc and neuter. Subd. 5. All measured distanccs exprcssed shall be to the nearest tcnth of a foot and its mctric equivalcnt. Suhd. 6. Thc word "lot" shall include the words "plot". "piecc" and "parcel" of land. Subd.7. The words "uscd for" shall include the phrases "arrangcd for". "designed for". "intended tor". "improvcd for", "maintained for" and "occupied for". 1305.02 Scope. From and aftcr the effcctive datc of this Code, the use of all land and evcry . structure. building or portion of a building crected, altered with respcct to area, added to or relocated. and evcry usc accessory thcreto, in the City of Ardcn Hills, shall be in conf()rmity with thc provisions of this Codc. Any cxisting stmcturc and any usc ofland not in conformity with the rcgulations herein prcscribcd shall be regarded as nonconforming uses or structures. This Code does not abrogate any easement, covenant or any other private agreemcnt where such is legally enfc)rceablc, provided that where the regulations of this Codc are morc restrictive (or impose higher standards or requircments) than such cascments, covcnants or other privatc agreements, the requirements of this Codc shall govern. 11305.03 Interpretation. In interpreting and applying thc provisions of this ~Q<l~, thcy shall bc held to be the minimum requirements for the promotion of the public health, safety, convcnienee I and gcncral welf:1re. Where the provisions of this (()<l~jmpose greater rcstrictions than thosc of any statute, other ordinancc or regulation, the provisions of this CQ.<k,shall be controlling. Where the provisions of any statute, othcr ordinance or regulation impose greater rcstrictions I than this(Qd~, the provisions of such statute, other ordinance or regulation shall be controlling. 1305.04 Definitions. Subd. I Acre. A quantity ofland containing fc)rty-threc thousand, fivc hundred and sixty (43.560) squarc feet or one hundred sixty (I 60) square rods in whatever shapc and . pattcrn (e.g. circular, squarc, triangular, irregular. hroad or narrow). Section 1305 - Rules, Scope, Interpretation & Definitions Page 1 of 22 Subd.2 Acre, net (as applied to PUD density calculations). One (I) acre ofland, . minus the two-thirds (2/3) of that portion of the acre encompassed by wctlands, onc-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per evcry fifteen (15) feet or more of distance; and the entirc area of public strcets. Subd.3 Administrative officcr. Thc zoning administrator, building inspcctor, their dcputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. Subd.4 Administrator. Thc zoning administrator. Subd.5 Agricultural uscs. Uses customarily associatcd with the growing of farm producc and the raising of farm animals for gencral use; but not including raising and feeding (feed lots) oflivestock, fur farms and kennels. Subd.6 Alteration. As applicd to a building or structure, a changc or rearrangement in the structural parts or in thc existing facilitics, or an cnlargement, whethcr by extending on a sidc or by incrcasing in height, or by moving from one location to another. Subd. 7 Alley. A minor public or private way which is uscd primarily for vehicular service access to the back or side of a lot abutting on a strcet. . Subd.S Animals, domestic. Common houschold pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or intercst. Subd.9 Animals, fann. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or usc, such as cattle, horses, goats, shcep, swine, fowl, bees, and animals raised for fur. Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that arc not nomlally a domestic animal or farm animal and would ordinarily bc confined in a zoo or fcmnd in the wild. Subd. 11 Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outsidc, of any building or structure. A. Dish Antenna: A parabolic-shaped antcnna (including all supporting apparatus) which is used for transmitting or receiving telccommunication, television or radio signals, which is located on thc cxterior, or outside, of any building Of structurc. Class I: Dish Antenna under thirty (30) inches or more in diamctcr; six (6) . feet in surface area; or six (6) feet in height. Section 1305 - Rules, Scope, Interpretation & Definitions Page 2 of 22 . Class 1]: Dish Antenna thirty (30) inches or more in diameter: six (6) squarc fect or more in surf~lce area; or six (6) fect or more in hcight. B. Tower: Any pole, spire or strueturc, or any combination thcrcof: to which an antcnna is attachcd, or which is designed for an antenna to be attached, and all supporting lincs, cables, wircs and braccs; including but not limitcd to a free-standing radio (including ham radio and private radio transmitting) or telcvision rcceiving antcnna, a windmill, and a wind-powered generator. Subd. 12 Apartmcnt. A room or suitc of rooms located in a one- or two-t~unily building or multiple dwelling, which shall includc a bath and kitchcn accommodation, intcnded or dcsigned f(x use as an indepcndcnt rcsidcnce hy a single household. Subd. 13 Appcal. An application f()r thc review of an order, requirement, dccision, detennination or intcrpretation of this Codc madc by an administrative offIcer in the application and/or enforcement or this Code. Subd. 14 Basement. That portion of a building between floor and cciling, which is partly above grade, but so located that the vcrtical distance from grade to the floor below is Icss than the vertical distancc from grade to ceiling. Subd. 15 Board. Thc board of appcals and adjustmcnt estahlished by this Code. . Subd. 16 Boardinghouse. A huilding other than a hotel whcre f()r compensation and by pre-arrangement for dc/Initc pcriods, lodging and meals are provided f()r threc (3) or more persons, but not exceeding five (5) persons. ~~h~1. 17 [3oath~)lls~',m,',.A" stml:tllr~mll~e(1 m~QJ~ly "f()f.Jhc. stQglg~_!2JmQ()ats OL,!:>.Q;tting cqu iptn~DJ,,__L\.,~YJlJ~I:=Q[i~ntt,:;!Ll~~~~,~QIy',~!m(;tur~, Suhd. 18 Boulevard. That portion of a street lying bctween thc lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way linc thercof which may contain within its boundarics a sidcwalk or portion of driveway. Subd. 19 Building. A structure which is designed and suitable lor thc habitation or shelter of human beings or animals, or a sheltcr or storage of property, or is uscd for trade or manufacturing. SPQ!.I. :2.Q___ B u i I d i DR ,l)ne._c\,l i n<';',,!1ll:.iJ~l!I~!L,!(;rQ.,"s th~wjQ!b,Qf t1.1f,j ot~tuh.~ pQin.t ,~ht;r~ thc pri nc i p.lL.~tfll(;tllIcj s ,p)(l(;t:d ,i n .1~~()rd<1!l5,t;_,yi J b ,,~tl:?ack_PI~L0 si~~n~" frQrrUh~,r()(k~'! highW<lJ<.:r mark. I S_~b,~t2,LBuilding,A.fcq:;~ory.Structurc or Use. A subordinate building structurc or use which is locatcd on thc same lot on which the principal building or usc is situated and . Section 1305 - Rules, Scope, Interpretation & Ddinitions Page 3 or 22 which is reasonable necessary, appropriatc and incidcntal to the conduct of thc primary . use of such principal building or principal use. I SJlbd.:_2L__Building envelope. (See Lot, Buildable portion of) I S,.\!b.L2.J___Building hcight. The vertical distancc from the average elevation of thc grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roof'), or the average hcight between the eavcs and the highest ridge of gable, hip, or gambrel roofs. The hcight of a stcpped or terraced building shall bc thc height of thc tall cst segment of the building. I S!l:biL2L,Building inspector. The inspector as providcd for in the building codc. I Sub~25-_Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. I Sl!bd,26 ",'. Bulk. The term used to indicatc the size and sctbacks of buildings or structurcs and location of same with respcct to one another and includes the following items: Size and hcight of buildings or structures. A. Location of extcrior walls at all Jcvcls in relation to lot lincs, strcct or to other buildings or structures. . B. Gross floor area of buildings or structurcs in relation to lot lines, street or to other buildings or structures. C. All opcn spaces allocated to buildings or structures. D. Amount of lot area pcr dwelling unit. I S,ubtLJ] ,..Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tcndency to become airbome. I S!lbd:_1Jt_Business. Any occupation, employmcnt or cnterplise whercin merchandise is cxhibited and sold, or which occupies time, attcntion, labor and materials, or whcrcby services are offered for compensation. I S.!!b.d. 29_ Business services. Services performed primarily f{)r other businesses, including such scrvices as sccretarial, clerical, employmcnt agencies, business machine service, printing, etc. ~--------- - - ~ Sl,Ibd,3JL.Ck<!f Yj~.i911-.Arc,a"Jh~ c1,G<lL.Yi~iQl:L<lr~~.,~h~Jl b~l,~I~~h}Vithin aJri~I1g1e that ~lm1:~.J!Lthe interscction of two road ed es ublic or rivate and shall extcnd thirt 30 . ---..''- -----,.,.."---,..,,-,, ,....,-g..,ill p_____U,__,_"'_.,_.,.....__....y,L_1} fc~tinea<;JJJlif(~ction from the interscction with a line connecting the two end 12oints, - .~....._---_......._.__... ...._.____..__.._____.........__.__..__...... ........ ..........__......_____________.. .n ..........._._..___.._._ . . --..._".__ __"...___ .__n.___..___ . ,___ ..._ ...___ "..__'__ ._".______ Section 1305 - Rules, Scope. Interpretation & Definitions Pagc 4 of 22 I ------.. D- ---..-".--" ------ - --- . I I I __________________L___________________ ~ ~1 Cleaf vision an.~J S .................... ...........-......--.- . ......................-...---.....--..-....- --"-..---.. --------....- --... ...---- SlIQ(I,JJ ,_ Clear-cutting. Thc rcmoval of an entire stand of trees. I S!~hQ: 32 Clinic. A building for out-paticnt medical trcatment of humans or small I I ,., ani mal s. I SlJl1d.33 Clubs and lodges. Buildings and facilitics owned and opcratcd by a corporation or association of persons for social, rccrcational, charitablc, educational or cultural purposes, hut not operated primarily f(lr profit or f(lr purposcs which are custommily associated \vith a business. . I S.\-:Il1d:.J.~t_, Cluhs, sports and fitness. A place of asscmbly where membcrship may be required and is directed toward the gcneral public with the commercial promotion of sports and physical fitness. Subd.35 CommissiOIL The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 1. I S.l!h~L3(l__Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and ceonomic devcJopment, both private and public, of the city and its environs and may include, but is not limited to, the tl)lIowing items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transpc)J1ation plan and recommendations f(,)f plan exccution. Suhd.37 (' 01)( lit i 0 n~ll,_lJ'~_~'m A_lI~em~\lhi<;b." b.~_qm~~, ,() f Jmim!~char<l<;tITi~Ji,<;~_,_c:,ml!l() t ,h~ c I ass iJh.:~I,,'!.~UL p~rmi t t ~d_JIS~_j!L ,i!.,.Qi~!rift,_aIl~L~\lJ)i<;h, ,nn~LQlJ~ cOllsicl~r<lllim b.Y.J,QG PI al}ll i 1}R.\-21,!!1l.111L'>-,'i.ion and J:;~Q.!J,J.l.~iJLQlIf~I.:!1,l,!}.tJQJh~_;Hml.!'gll>l~" pn)~~d,l,lI~~,COll!aine..Q"in t hj s C: O(I~m.lll{l" t.l1e,!\r(l~nJ::hJJ~m\-)tY':Qd~, (~LQntjl).IJ1~~~J]l(lY.!.l ~y~_IjJ1.~k~~h~ ,p~rrn.iJ.tGd wi t h "r~~tJi~ti(lI)?_mUt~i.t~_by con(litiQmJLlI~~ PGIIJliLgrant,G,~U~YJhc (' oll!1..~iJ.:. SJIh.~I,:""J,'~""m<,:(lllJI,it,i~ )nitl,U~,~""PQrmiL(CJ) . P"L _. __"'\"_P,GDl1iL,,r~m!ir~,d---.fuL_(;~rtiJiIL,h~Il(l_lI~~ fliJ~~ iJjG~Ll~_,C(~ 1.l{Jit il>1E11__t.. C(;~.~~lIy_Ug:-,'-'_QI'~9IJ_Qiti.9J:l<JlJ>'IinGjp(l,LV~e~, . I S,til1(J.39 Council. The City ('()IJI1<;il, as established by the Code of Ordinances. Seclion 1305 - Rules. Scope, Interpretation &. Definitions Page 5 or 22 Subd.40 Day care f~lcility. Any facility, public or privatc, which for gain or otherwise, . rq,TlJlarly provides one or more pcrsons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a re!:,'1llar basis, for periods of less than twenty-four (24) hours per day, in a placc other than the person's own home, including but not limited to family day carc homes, group family day care homes, day care centers, day nurseries, nurscry schools, preschool programs, daytime activity centers, day trcatmcnt programs and day scrvices. Subd.41 Density. The number of dwelling units permitted by this Code on one (1) acre. Subd.42 Density nct. Thc number of dwelling units pennitted by the Code on one (1) net acre of land. Subd.43 Dcnsity transfer. The relocation of housing units or square footage of building area computcd on part of a building sitc to another part of the site resulting in an increasc in density to thc transfer area for the purpose of preserving opcn space, forested areas, environmcntal or tcrrain fcaturcs deemed worthy of prcscrvation by the Planning Commission. Subd.44 Density zoning. Dcnsity zoning shall be interpreted as thc provision of lot areas smaller than thc minimum requirement of this Code undcr conditions whereby the . total number of dwelling units is not greatcr than the amount permitted under normal conditions. Subd,45 Dog kennel, Commercinl. A structure specifically designed and commercially used for the harboring ofthrec (3) or morc dogs that are more than thrce (3) months old. Subd.46 Dog kennel, Residential. A structurc specifically designed and rcsidentially used f()r harboring of up to three (3) dogs that are more than three (3) months old. Suhd.47 Dog Run. A structure specifically designcd for domestic use for thc harboring and cxercise of not more than two (2) dogs. Subd.4X Drive-in business. Any busincss establishmcnt offering to customers a service which is primarily or exclusively laid out, designcd, equipped or operated so as to allow its customcrs to purchase and receive such service without having to cntcr the building and usually whilc remaining in thcir automobilcs. By way of illustration, but without limitation, drive-in businesses include: drivc-in banks, drive-in laundry or dry c1caning establishments, but do not include businesses where preparcd commodities, such as prepared food, beverages or dairy products are sold. Grocery stores, confectionery stores, drugstores, or restaurants which offer "takc home" f()od services as an incidental part of their business shall not be considered drivc-in businesscs. . Section 1305 - Rules. Scope. Interpretation & Definitions Page 6 of 22 . It is recognized that automobile service stations are drive-in businesses within the mcaning of thc foregoing general definition, but thcy arc excluded from this definition as used hcrcin since they are trcated and defined separately in this Code. Subd.49 Dwelling. 1\ building or portion thercof: designcd or used exclusively fllr residcntial occupancy, including single-family, two-f~ltnily and multiple hunily uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tcnts, seasonal cabins, or motor homes or travel trailers. Subd.50 Dwelling, multiple. A dwelling containing thrce (3) or morc attached dwelling units. Subd.51 Dwelling, single-family. A dwelling that consists of one (I) dwelling unit. Subd.52 Dwclling, two-family. A dwelling that consists of two (2) dwelling units. Subd.53 Dwclling unit. A residential building or portion thereof intendcd te)f occupancy by one (I) family with fllcilities fllr living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins. boarding or rooming houses, motor homes or travel trailers. Subd. 54 Dwelling unit, attached. A dwelling unit which is joined to one (1) or more . other dwelling units. Subd.55 Dwelling unit, detached. A dwelling which is not joined to any other dwelIing unit, and is located on a separate lot with the structure sUIToundcd by open space and having a separate point of entry. Subd. 56 Earth-sheltered home. ^ dwelling constructed so that tifty (50) percent. or more, of the cxterior surface of the complctcd building, excluding garages or other accessory buildings, is covcred with or bears against earth. Subd.57 Easement. 1\ right or privilege in favor of a person or a govcrnment authority to use a parcel of land or portion thereof ll.)r speci fic purpose. S,ubq, 58 " G!lualm P~&~~l)LJ:J1<.:rl).I<.:hm~lJL.,_Am~!hQ~l, ,l)r,get.<,::rmilJjng_.1h~,J.~)_<.:iJtjQ!L(2t' n.(lOq,~lIY bO}J11~t<lfi,(:L~Q, ttJ~,_lhll)d, P l~!j,n_.1'ill(.ts_ sm QQJb sides () Ca. ~tr~m!1 i1r!;,,~_<Im!hkJ)f S;gnY,92U&<!..Qf!,lP9 rt i O.!E!!~ sh..~![~,~~ cn Q.QQJ1pws. I S'ubd,59'm Exterior storage. Thc storage of goods, materials, equipment, manufllctured products and similar items not fulIy enclosed by a building. I ~llQ~L6QmFamily. An individual or two (2) or more persons, each related to the other by blood. maITiage, adoption or foster care, or a group of not more than four (4) pcrsons, . somc or all of whom are not related by blood, marriage or adoption, living together and Section] 305 - Rules. Scope. InlL'rpretiltion & Definitions Pag.e 7 of 22 maintaining a common household. (These regulations shall not be applied so as to . prevent thc City from making rcasonable accommodation as requircd by the Fcdcral Fair Housing Amendments Aet of 1988). Subd,---QJ_.nQ.Qg~_L~m'pQ[<,lI)'_iI)crease in the flow or ~t.a.g~,Q,f a str~,a.l1l.()Lin th~ st,lg~Qr a.,y,!ctIan.d9rJ a.,k~ tha t L~~:ylt.~jJ;lJb~ in!l ndati QI!..Qr.!l9nn;lJ JYQIT_ area~: Subd. '62_'_'E!.QQd ~I.~9.1J~ncy" The frequency fOL\:yhich iLi~,,~~~ctedJh;!la.._~m~~iti<,:,H!~Qg ~l~ge oL<Jj~(.;h<,lr.g~_mayJ?~~q1J_a.,kg or exceeded: Subd.63 Flood Frj.n~ That portion ofJhc flooQ.,J?lain outsid,~gJ the flQQ,~Lway. FIQ.!),d fringe is s.Y!lonymous with the tenn "tloodway fringe" uscd in the EIQQdJ.JJsl!r,a.,n~9_Study ...._..__.. _ _...... .._... ....m___.__._....._.._..._~......_...__.._.._.__.._._____...__.__.. ._.__._ .__..........._.........._..._______._ for_the City, ~ubd."Q.4._,_Ilood Plain. The beds prop~r and .Jh~ arcas adjQining ayy_~111!n<lLla.Is,~__~)I .\:Y-a.!ITCOu[~~_yyhj<,:J:Ll:lay_~P~~ngLl!lay hc cover~(Jpy the ~gigna.l floo~L S uQQ-=-f>5 ,_Fl Q.Q_Q,::PI90fing,j\.",<':Qm.piI!ati_Q.I),J)C--1>tru_~t:YmL_prov~ign~ha!lg~~_,-__...Qr adjustm~IJ.t.~to prQP~Dics and struct1Jr~~,su~j~~L!!o0J9o..dil)b,'primarilyj9IJhc n;Q:1J<,:J,ign, or ~Jiminati~2n,Qf tloOl.L~t<!nlag~s. Sphd. 66___IlQod\Y~__.A,wctlamL..Qr la~~ and_,lh9,~hanI}_~L~~f-,;t, wa!9r~Q,llI~~,J!D.d",those POrt!.9ns, of the .illliQ,!.nLQR flood_p.I.ni!:LWJli~.IL,:II~rC'lliQn{l.ply.requi rc<:cUo c<Jny.gr,~!Q[~ t1~ . regjg.!Ja.L[lood Qj~<;h<!r~ Suhd.67 Floor area. The sum of the gross horizontal area of the several floors of a building that is measured from the exterior walls. including habitablc basemcnt arcas and attached accessory buildings. Areas cxcluded are non-habitable ecllars, garages, porchcs, decks, attics, stairways and storage, utility and heating rooms. Subd.68 Floor arca ratio (F.A.R.). The ratio obtaincd by dividing the sum of a building's floor arca by thc amount oflot area. Subd.69 Frontage. Thc uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. Subd. 70 Garagc, privatc. An accessory building or portion of thc principle building which is intcnded and uscd for the storagc of the privatc passenger vehicles of the family or families who rcsidc upon the lot upon which the garage is located. Subd.71 Garage, rcpair. A building or spacc for the rcpair or maintenance of 1110tor vehicles, including body work, painting and vehiclc wash, and incidcntal display and salcs of automotive products but not including factory assembly of such vehicles, auto wrccking, or junk yards. . Section 1305 - Rules. Scope. Interpretation & Definitions Page 8 of 22 Subd. 72 Garage, truck. A building that is used or intended to be used tor the storage of . motor trucks, truck trailers, tractors and commcrcial vehiclcs cxceeding onc-ton ratcd capacity. Subd. 73 Grade. Thc lowest elevation of the finished surfacc of the ground, sidewalk, or othcr paving within a five-foot horizontal distancc from thc face ofthc building. Subd. 74 Group home. A group facility in a rcsidential setting utilized by unrelatcd pcople on a 24-hoUf per day basis for purposc of rehabilitation, education, supervision and trcatment. (see "residential facility") Subd. 75 Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. Subd. 76 Hotel/motcl. Any building, or group of buildings, having six (6) or morc !,'Uest rooms intcnded or designcd to be rented or hircd out to bc occupied, or which are occupied for sleeping purposcs by !,'Uests. Subd. 77 House of worship. A building, together with its accessory buildings and uses, wherc persons rcgularly assemble for religious activities or worship. Subd. 78 Household. The person or pcrsons occupying a single dwelling unit. A household may consist of a single family, one (1) pcrson living alone, two (2) or more . families living together or any group of related or un-relatcd persons who sharc living arrangements. Subd. 79 1 ndustry. Uses such as the manufacturing, compounding, processmg, packaging, treatmcnt, asscmbling or warehousing of products and materials. Subd.80 Institutional housing. Student or f~lCU1ty housing f()r t()lIr (4) or morc persons on rental basis, rest homc, hospital, sanatorium, nursing homc, convalcscent home, orphan home. Subd.8l Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, balcd, packed, disasscmbled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubbcr, tires and bottles. A junkyard includes a vehicle wrecking yard but docs not include uses establishcd entirely within enclosed buildings. Subd.82 Land reclamation. The deposition of morc than four hundred (400) cubic yards of sand, gravel, or other earth materials per singlc parcel or per acre, whichever is greater, on a sitc in such a manner as to elevate the gradc. Subd.83 Landscapc lot area. That portion of a lot rcquired to remain as open space, tree of buildings, parking and drives. . Section 1305 - Rules, Scope. Interpretation & Definitions Page 9 of 22 Landscape lot arcas may consist of: . A. Naturally vcgetated areas, B. Wetlands or ponding areas, C Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), D. Decorativc walkways and arcas not to excccd fiftccn percent (15%) of the rcquired landscape lot arca, and E Outdoor recreation areas. Subd.84 Landscaping. Plantings such as trees, grass, shrubs. Subd. 85 Loading arca. Any area whcre trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or cquipment. Subd.86 Lot. A parcel of land described by metes and bounds measurcment, reference to a rcgistcrcd land survey, plat, record of survcy map, or other means, and separatcd from other parcels or portions by said description, and which is occupied by, or is suitable under this Codc and othcr applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open . spaccs as are required by this Code. Subd. 87 Lot area. The total sitc area within the lot lines. Subd. 88 Lot area, nct buildable. Thc spacc remaining on a lot after the minimum landscape area, open space and setback requirements ofthis Code have bccn met. Subd.89 Lot area per family. The lot area per family is the lot area required by this Code to be providcd for each family in a dwelling. Subd.90 Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). Subd.91 Lot, comer. A lot situated at and abutting on the intersection of two (2) or morc streets having an angle of intersection of not more than one hundrcd thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a comer lot if the tangents to thc curve at its point of beginning within the lot or at the points of intersection of the sidc lot lincs with the strect line intcrscct at the interior angle of less than one hundred thirty-fivc (J 35) degrees. A comer lot shall maintain front yard rcquirements for each street frontage. . Section 1305 - Rules. Scope, Interpretation & Definitions Page 1001'22 Subd.92 Lot covcragc. The total allowable amount of lot area, cxpressed as a . percentage, which may hc covercd by a principal usc and its accessory structures. Subd.93 Lot dcpth. The mean hOlizontal distance between the mean front road and thc mean rcar lot line. The greatcr frontage of a comer lot is its depth, and its lcsser frontage is its width. Subd.94 Lot line. A property boundary linc of any lot held in singlc or separate ownership or separately described: except that where any portion of the lot extends into the abutting strcct or alley, thc lot line shall be dcemcd to he the street or alley line. Subd.95 Lot line, front. The boundary of a lot abutting a street. On a comer lot, thc shortcst strect lot line shall bc thc front lot line. Subd.96 Lot line, rear. The lot line most nearly parallel to and most remote from thc front lot line. Subd.97 Lot line, side. Lot lines other than tront or rear lot lincs. On a corner lot, the longcst street lot linc shall be a side lot line. Subd.98 Lot, intcrior. A lot othcr than a comer or rcverscd comer lot. Subd.99 Lot, rcversed corncr. A comcr lot, the rear of which abuts upon thc side of . anothcr lot whether across an alley or not. Subd. 100 Lot of record. A lot cxisting as of April 101h, 1993, date of this Code or approved by thc city as a lot subscquent to such date, and ineludes non-conforming lots. Subd. 101 Lot, shoreline. ^ lot having one (I) or more lot lines fronting on public waters. Suhd.102 Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a comer lot. On a through lot. the detennination of whether the street frontage is to hc considcrcd a front yard or rear yard shall be as subjcct to the provisions of this Code. Subd. 103 Lot width. The mean horizontal distance betwecn the side lot lincs at the minimum front setback line. Subd. 104 Manufactured home. "Manuf~lctured homc" means a structure, transportable in one or more sections, which in the traveling mode, is cight (8) body feet or morc in width or forty (40) body feet or more in Icngth, Of, when erccted on site, is three hundrcd and twenty (320) or more square feet, and which is built on a pcnnancnt chassis and designed to be used as a dwelling with or without a permanent f()Undation when connccted to the requircd utilitics, and includes the plumbing, heating. air conditioning, . and electrical systems contained therein: exc(,'pt that the term includes any structure Section 1305 - Rules. SCOPl'. Interpretation & Ddiniliolls Page 11 01'22 which meets all the requirements and with respect to which the manufacturcr voluntarily .. files a ccrtification and complies with the standards established undcr this Code and Minncsota State Statutes as amendcd from time to timc. Subd. 105 Manufacturing and processing. All uses which includc the compounding, proccssing, packaging, treatment, or assembly of products and materials. Gcncrally, these are industries depcndent upon raw materials refined elsewhere. These uses include. but arc not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, cquipment, and appliances; processing of chcmicals. plastics, food products, and nonalcoholic bevcrages; manufacturing of clothing and textile products; distribution centers, lumbcr yards, printing and binding shops, machinc shops, shcct mctal shops, sign shops, contractor's shops and storage yards. A. Class I: Above uses without exterior storagc. B. Class II: Abovc uses with permitted cxterior storage. Subd. 106 Metcs and bounds. A method of property description utilizing directions and distances commcncing from and terminating at an easily idcntifiable point. Subd. 107 Mining. The cxtraction of more than four hundred (400) cubic yards of sand, gravcL or other earth matcrial from a single parcel or pcr acre of land. whichever is greater, in such a manner as to reducc the grade. . Subd. 108 Mobile homc. A manufacturcd homc dcsigned, constructed. and equipped for use as a single-family dwelling, which has a width of less than twenty (20) fect ovcr more than twcnty-five (25) perccnt of its length; or which is not placed on a pennanent foundation complying with the requirements of the state building codc or which is not continuous and solid for the entirc perimctcr of the structure. Subd. 109 Mobilc homc park. Any premises on which are parked two (2) or more occupied mobilc homes, cxcluding prcmises on which mobile homcs are sold f,x removal to another site. Subd. ] 10 Motorized vehiclc Icasing and rentals. A business that leases or rents motorized vehicles to the general public. Includcs minor scrvices and washing as an acccssory usc. Not more than cight (8) rental or Icase vehicles on sitc at one time. Subd. 1 I I Motorizcd vehicle service. ^ business that providcs rcpair or maintcnancc services f(lr motorized vehicles including engine repair. replacemcnt or parts and engine service, but does not include body work, painting, factory asscmbly of vehicles or vehicle wrecking yards. Subd. I 12Multiplc occupancy building. A building containing two or morc indepcndent businesses with or without scparate cxterior entrances and for which signage. parking and sitc requirements are unified in a consistcnt visual and functional manncr. . Section 1305 - Rules, Swpe. Interpretation & Delinitions Pugc 1201'22 . Subd. 113 Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hercto, which under the provisions of this Code could not be built because of restrictions on hcight, setbacks, yards, lot coverage, floor area ratio, or othcr characteristics of the building or its location on the Jot where it exists. Subd. 114 Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof~ lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in thc zoning district in which it is located. Subd. 115 Nursery. Any land used to raise trces, shrubs, flowcrs, and othcr live plants for salc and commerce. S u Q<l,.lJQ.QJ:)str~~JiQn,_t\!JyA~m,_2Y_<lU, w ha.rJ:<;!!l.h~DJ< .m~!lJ,J~ve_t:::,Qik~pil~, abu tm<:lJ.t. PLQj~~ti~)nL~x<;~ya1jOlJL9Jarmel-,. ,lD.Qg.! t!9-'!.1jon"J;ulY~I1L!)UiJ~li ngLwiIQ"f~_nce. __ ~19SkQil~ r~rLJ~~,,_fiIL .,_~trl!f.tllr~.,-- oLJna.ttgmi!!L;!JQJ1g"3Cr~)~~.,, "<:)r::.,,mQj~~tj l1g.jntg....JillY.._l::h<lf.lm~.L w at.crco,ur~~-> orJ~~.,glJlatoI..Y fl oQ_~Lp.illin w hi!.:J1."mID':-imPJ~~I~-,-..Iet<l.nILQLfh ange th c dir~.YJi~m I !~th~,tl9_~QL,-v.lt~I,,~it b~LiD. .i.t~el fQL,QLG.fl,tGlljn&-QI"f..QIIG<,.:tj!!g_!J<;Qri,~_ carri ~~Lby suc_b I .wat.~r . Subd. 1170tlice(s). A room, suite of rooms, or a building containing rooms or suites of . rooms in which persons conduct commercial activities, provide professional services, or carryon occupations and whcre goods arc not storcd, produced, sold at retail or repaired, including but not limited to the following: financial institutions, executive and administrative otlices, business offices such as insurance, real estate, sales and similar offices, professional o f1i ces such as offices of engineers, surveyors, architects, accountants, attorneys and bookkcepers and similar offices, but excluding medical clinics. Suhd. 1180n:'strect parking areas. Structures or areas of ground used fc)r the storage or parking of motor vehicles. Subd. 1 190pen sales lot. Any land used or occupied few the purpose of buying and selling any goods, materials, or merchandise, and fiJr the storing of same under the open sky prior to sale. Suhd. 1200pen space. (See landscape lot area) Sl!h!I,~2I,Pf{j in~ry Hjgh.wat~rJ~1C:1rLA..mark.Q~1 iJJQ.}tjpg th~Jligh~~LFat~Llcvt::1 whj~J] ha~l>eeD" mlJi.\lt.illn<:<lJ(),f, ,'!. ,~lIffi s;j,~l}tQ~ri(),<l,~!Ltinls;t()mlea\le evi<kncy""!!p..QD, Jhe---'_illL<i~<lPl; al1Q"ill'_~let~r:mil~QJ2yJhe Jyti nn~{)t.i! D~p-'!ftmeIJ.L9LJ~,<:!t.ura I R~~Q_urces-,-Th~s!rdinaJ..Y_high y(;}t er,J!1CJIK.. .,is__~.<)r.!l,m() nly-., HmLppinL_ ~yh~I~_JllG__I].~tllI?lmYJ?get<lt.iQJ1_<:b.<l.l]g~,'i_fr.Qm PIl;QQ!!Jin:mJ I y.muat!.<: tQ,pr~<t(n,1)iJl:l!!!J.YJerr~~1riCJl . Section J 305 - Rules. S\:ope, Inkrpretation & Definitions Page J3 01'12 Subd. J 22 Parking space. A land area of such shape and dimcnsions and so prepared as to . be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not bc included in such area. Subd. 123 Pathway, pcdestrian way. A public or private way, running across or located within a platted lot or block or an unplattcd parcel of land, uscd primarily for pedestrian traffic. Subd. 124 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business ofIending money on the condition that it may be redecmed or rcpurchascd by the seIler for a fixed price within a fixcd period of time. (b) The following are exempt from the definition of "pawnbroker." Any bank rebTUlated by the State of Minnesota, the comptrolIer of the currency of the Unitcd States, the Federal Dcposit Insurance Corporation, the board of governors of the Federal Rcserve System, or any other federal or state authority and their affiliates; any bank or savings associations; whose Deposit Insurance Corporation of any successor to it and all affiliates or thosc banks and savings associations, any state or fcderalIy chartercd crcdit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by thc Dcpartment of Commerce. Subd. I 25 Person. Any individuals, firm, partnership, corporation, company, association, . joint stock association or body politic; includes any trustec, receiver, assignee or other similar reprcsentativc thcreof. Subd. 126Personal services. Serviccs customarily rendered f()r compensation. Such scrvices shaIl only involve minor storage and related salcs of products and supplies relatcd to the service ofTered and f()r customers ordinarily utilizing the service offered. Typical personal scrviccs include but arc not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; bcauty services; photographic scrvices; and othcr serviccs of a similar nature. Subd. 127Planncd Unit Developmcnt (P.U.D.). Thc dcvelopment of a tract of land in a unified manner, pursuant to a development plan spccifically approved by thc city. Subd. J28Planning Commission. Thc planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all mattcrs relatcd to the Comprchensive Plan and all official controls that implcment the Comprehensive Plan, and all other matters referrcd to it by the City Council. S ubQ~122..pJ:Q!ec1.<;~LW atc[~_t\l1Y,,~.1!t~[~__Q.Lt,b,e S tate as d~.fi,IJ~~Ll2Y"Sl~~J:J-':v. H.Q}:Yevcr, IlQJ;1J<~,mmd,QIjlo\Y.':l,g~JlfJ~,~~Jhm11~n..lLQLacrcs in, si~_~mtlJQ..IiY~LQI,~tr.~51m h':lyj!}g a JQt~LQmjm,l,g~m:~'!_kl's thaIl.1~Q121_~quare_mjJ~uh~!J, be...!~b'1lJ.a1~QJorJll~,Pl1~~~ ,Qf th~~~_regulC!!iQIl.~~ . Section 1305 - Rules. Scope, Interpretation & Definitions Page 14 of 22 - . Subd. J 30Public usc. The usc of any lot parcel of land and any structurc or building thereon cxclusively f()r public purposes by any departmcnt or branch of governmcnt, fedcral, state, county or city, excluding indcpendent school districts, without rcfercnce to the owncrship of said lot, parcel of land, building or structure. Subd. 131 Public watcrs. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of watcr, which has the potential to support any type of recreational pursuit or watcr supply purposc. A body of watcr created by a private user wherc therc was no previous shore/and, as defined herein, f()r a designated private usc authorizcd by the commissioncr of natural resources, shall be exempt. I S!J.pd--,.l12,Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track opcration, but not including dcpots, loading platforms, station, tram sheds, warehouses, car shops, car yards, locomotivc shops or water towers. ~!!bd, 1J3 R~,uc:h, A hydraulic CngDleering term to describc a longitudinal segmcnt of a . .... ...__ ......_....._.. "______. u_.._______.__ _.__...______. __. ...__........._. Y..___." _.....__ _____ _._...__..__ ~treanLQr.)::iv ~Lj.Dn~l!.~~..9.J?Y~'!.Jl atm:ill,..QI m af!- m ~d e..QQstt:!!fti (m,J.!l1!JJ urban area, th~ !:i~g!!lt;rlLQf,'! ,st r~(!I1LQr mrjY~L bet \:Y~~I1, ,1 \y'Qm_~mQIl~~~!!tjY~Q.riQg~,5[9~~ng~_y:Y~mJ.Q__!!10~! lyp i ~llJly,~on S11 tl!!~jJ rc(!cJ}, . Subd. J 34Recreation, commercial. Recreational facilities which arc operated for profit or rcndcr a scrvice which is customarily considcred as a business. Subd. J 35Recrcation, rcsidcntial. Play apparatus such as swing sets and slidcs, sandboxes, poles for nets, picnic tables, lawn chairs, barbccue stands, and similar equipment or structures, whcn used on residential property, but not including electronic towers, tree houscs. swimming pools, playhouses cxcccding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment Subd. I 36Recrcational vehicles (RV's). Vehicles for recreational use that can be driven, towed or hauled. These vehicles may bc designed to be tcmporary living spacc for camp- ing/travel usc. R V's shall include: travel trailers - boats and watercraft camping trailers up to 4 snowmobiles on a trailer truck campers all terrain vehicles (A TV's) self-propelled motor homcs Buscs, motorcoaches, passenger buses, school buses shall not be included in this defi- nition unless converted for recreational use. .S.!!,bQ, !J 7 R~iQ.llaI.EJQ!-:)d.,8"f1~~Qd..}vb.i.ch isrep[GB.c:DJativeQLlm:g~DoQQJ<nQ\Y.flt91mx~ . Q,<;~,!!fre(l,g~!t~[<lJJy in_Mjnflc:,~9ta__U!ld reasQD~QJ.Y..c:h~ra<;,t~ristic of whaLcan be c:~Slc:d to Qc:9U L,J-lrL all m,gy cr,gge, ..fie_illl~l~Y ,j.DJht;"JBb!g[I,i. t u~It;()J "tJ:t~J..QO~ Y~(lLr~~llrrenc~. in t ~ry aI, Section 1305 - Rules, Scope, Interpretation & Definitions Page 15 of 22 - I R~Q!lELnQod is_~Y!lQ!lYffiOUS with the t.~1]TI "b~,~~_JJood:~,_!:!~~~Li!l the_Lloo~Ll!l~,uranc~ . Study, Subd.138Research. The use of any lot, parcel of land and any structure or building located thcrcon for the purposcs of studying or investigating facts not readily available, such as, for cxample. medical, chcmical, electrical, metallurgical, or othcr scientifie rcscarch, but cxcluding the manufacture or proccssing of materials or goods for sale. Re- search with animals is considered a separate category. Subd. 139Research animals. Animals kcpt in a laboratory setting for the purpose of testing and rcsearch relatcd health care products. Subd. 140 Residential facility. Any facility, public or private, which for gain or otherwise, regularly provides onc or more persons with a twenty-four (24) hours per day substitutc for care, food, lodging, training, education, supervIsIOn, habilitation, rchabilitation and treatmcnt thcy need, but which for any reason cannot be furnished in the pcrson's own homc, including but not limitcd to, state institutions under thc control of the commissioner of public welfare, fostcr homcs, residcntial trcatment centers, maternity shclters, !,rroup homes, residential programs, or schools for handicappcd children. Subd. 141 Rest homc. A private homc f()r the care of the agcd or infirm or place of rest for those suffering bodily, mental or cmotional disordcrs. Such a home does not contain equipment for surgical care or tor the treatment of disease or injury, nor does it include . maternity, care f()r mental illnesses or infirmitics; includcs nursing home. Subd. 142Restaurant. A business establishment whose principal business is the preparation, scrvice and salc of food and beverages to be consumed by customers while scated at tables or counters located within thc building on thc premises. Subd. 143Restaurant, fast food. Any restaurant which meets a numbcr of the following requiremcnts: A. Customarily provides quick service to its customers; B. Offers to its customers a limited, standardized mcnu of inexpensivc food and/or beveragcs; C. Scrvcs its customers from a countcr located within the building on the prcmises and does not customarily otTcr service at the table by waiter or waitrcss; D. Allows customcrs to consume their orders of f()od and/or beveragcs at tables or countcrs within thc building, in their automobiles parked on the premises, or away from the premiscs as the customers choosc; . Section 1305 - Rules, Scope, Interpretation & Definitions Page 16 of22 . E. Packages and services a substantial proportion of its food and/or bevcrages in disposable wrappers, containers, cartons, boxes and bags; F. Provides a number of trash, litter, or garbage cans in the parking arcas and within the building on the premiscs for the dcposit of the disposable packaging in which the food and/or bevcrages are provided; G. Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at ccrtain times of thc day; H. Specifics thc items of food and/or beverage offercd to customers on signs, placards, posters, valances, or boards posted in conspicuous placcs throughout the building rathcr than on printcd mcnus given to the customcrs; 1. Gcncratcs a high volume and rapid flow of in-and-out traffic because of its quick service modc of opcration. Subd. I 44 Rctail sales and scrvices. Stores and shops sclling, renting or leasing goods for uscs away from thc point of sale or offers scrviccs available on the premises. lncludcs the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photo!,'Taphic supplies, carpets and rugs, . china and glassware, clothing and costume rental, cllstom drcssmaking, departmcnt stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniturc, furrier shops, gardcn supplies (year-round operation only), gifts, hardware, hats, hobby shops, interior dccorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, varicty stores, wcaring apparel, and similar typc uses. Motor vehiclc sales, motor vchicle leasing and rentals, exterior cquipment rental and sales lots, repair garages, and open sales lots are not includcd in this definition of retail sales. Subd. 145 Roadway. The entirety of a privatc street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to thc back ofthc curb (i.e., the curbline) on the othcr sidc, uscd primarily for vehicular traffic. Subd. l46Schools, bus terminal. School bus tenninal shall be a building or space engaged primarily in the transportation and activities associated with thc transportation of students. Subd. 147Schools, gcneral education. Nurscry, primary, elementary and secondary schools. Subd. 148Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota Highcr Education Coordinating Board for the Minnesota Department of . Education. Section 1305 - Rules. Scope. Interpretation & Definitions Page 17 of22 Subd. l49Schools, special education. Trade, vocational, business, barber, beauty, art, . music, dancing, driving and other professional schools, with or without on-site housing. Subd. 150Scrvice station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includcs greasing and oiling, one-bay motor vehicle wash and the sale of automobilc accessorics on the premises. Also includcs minor repairs, incidental body and fcnder work, minor painting and upholster- ing, replaccment of parts and motor services to passenger automobiles and trucks not cxceeding one and onc-half (1.5) tons capacity. It shall not include major gcncral repair, rebuilding or reconditioning of engines, motor vehiclcs or trailcrs; collision service, including body, frame or fcndcr straightening or repair; overall painting or paint job. Subd. t~l.Setback. Jhc Q1inimuIl! horizontal distancc bctween a structure and the QnlinarY.bigh_w.~j~Lln1!rk or b..~t\V~~~LC!~tru<;tl![~,illl9 a road-,-yy~U-,Jlighway, Q.L--PIQP-eflY 1iD~~ .SubQ.:J 52 Sctback, minimum building. The minimum horizontal distancc allowed by this (.::,pd,G, between a structure and a lot line. SJ!pd. I.5.LShorc.lAI)_d.. The lC!mLJocate<Lwi1hin the fQU,Q.wil)g_dist,ance~_f[Ol!L,Qrotect<?d waters: . A,_'_.____Qn~.th.ousang(lJ)OO) (ecjJ[Q.JIl the Of(\in~fy.high water markQL~J~OIlQLQr OQFag~;.anQ ~-,--___.Ihre~_hun_gI.~d. (300lJ~_~Lfrom a river QL~tLeaITI.o...J).I the lalJ!h,Yglrg cxtent, of a .u!)Qd.nlain on such rivers or streams whichcver is greater. .__ _.___..._______ ..._..._..._.__.______..~__..._..:.:l.___.__ ..._...__......,_._ ~-:.,______ Th.~actifi!1Jimits of sh()relands may be 1~,ss.th<!ll!be statutory limits where the limit~_.<1r~,<Jesigna!~d by natural drainage divides at lesscr distances as shown on the __~ ......._...___._......._......___._.. .__.___..__..._..._m.__._____..__~__...._...__.._.._ ()mfiglJ~Q nil)Z-.m.<lp,_Q f th G(;:ity, Subd. 154Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. Subd. 155Sign. A name, identification, description, display, logo, illustration or device which is affixcd to, painted or reprcscnted dircctly or indirectly upon a building or other surface or piece of land, and which directs attcntion to an object product, place, activity, person, institution, organization or busincss. Subd. I 56Soil processing. The processing of sand, gravel or othcr matcrials mincd from the land. . Section 1305 - Rules. Scope. Interpretation & Delinitions Page 18 of22 Suhd. 157Staging Area. Any exterior area that is used to load, unload, stack, pile, store . or assemble materials, equipment or vehicles to be used either on site or off site. Subel. 158Story. That portion of a building induded between the surface of any floor and the surhH.:e of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it. Subd. I 59Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor ]evel, and in which space not more than two-thirds (2/3) of the noor area is finished for use. A ha]f- story containing independent apartment or Jiving quarters shall be counted as a full story. Subd. 160Strects. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traflic, whether designated as a street, avenue, parkway, road, Jane, throughway, expressway, highway, place or however otherwise designated. The tenn "streets" includes the following classifications: A. Collector street. A street which carries traftic from local streets to streets and highways of higher classifications. It provides ft)r both land access service and loca] traffic movements within residential neighborhoods, commercial areas and industrial areas. . B. Cui-de-sac. A street with a circular tum-a-round and only one outlet. C. Loca] street. A street of limited continuity used primarily for access to the abutting properties and the loca] needs of a neighborhood. D. Minor arterial. A street system that interconnects with and augment the urban major artcrial system and provide service to trips of moderate length at somewhat lower ]evc\ of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. E. Major arterial. Usually a divided highway with tour (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities arc a part of this class. F. Expressway. A type of major arteria] with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traftic on a major arterial highway without undue delays. . Section) 305 - Rules. Scope, Intnpretation & Delinitions Page ]90[22 I S!J12d,J9_lStructural alterations. Any change in the supporting members of a building . such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. I S:qbd. If:>2Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, infludin&-buLnot limited.jQ, buikling~, factori~ sheds~~tached garage~ ~~bi!!.s-,-JJ].i:m l!f'l<.:J:qrecL hQJI!~.~,~jgn~_.lr<!Y.fLtr~il ers/vehicl~~_J19.1J_ne~Jjng_ th~. exempti Qn (;ri1eri<!Qthen,,-is(;:s12~<,;W!;d.i.D J1Le_ zOQjng~gd.~,<!m:lotheL~mjJ<!r it~!n~, Subd. 163Structure, accessory. A detached, subordinate structure, the use of which is incidcntal and related to that of thc principal use of or principal structure on the lot on which it is located. Subd. 164Structure, multiple-occupancy. (See Multiple occupancy building). Subd. ] 65 Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. Subd. l66Structure, temporary or portable. A structure which is not intendcd for pennanent occupancy hut which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, . portable offices and air-supportcd structurcs are examples of temporary or portable structures. Subd. 167Studios. A building or space within a building where professional artists, musicians, photographers, dancers, dcsigncrs, etc. practice their profcssion or teach; display and sales of products used or produced in the profession is considered an accessory use. Subd. ] 68Towcr. Any pole, spirc or structure, or any comhination thereof, to which an antcnna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including hut not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind-power generator. Subd. 169Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independcnt dwellings abovc or below it, and is attached to othcr similar dwellings by a common wall. Subd. 170Use. Thc purpose for which land or premises or a building thereon is designated, arranged or intendcd, or for which it is or may be occupied or maintained. Subd. 171 Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conductcd. . Section 1305 - Rules, Scope, Interpretation & Definitions Page 20 of 22 . Subd. ] 72lJse, principal. The primary or predominant use f()r which the lot and structure, if any locatcd thcreon, is conducted or maintained. Subd. 173 Use, principal multiple-operation. A business or industrial opcration which consists of two or more distinguishable uses, all of which arc depcndent upon each other, but none of which is predominately or clearly the principal use and all of which arc generally compatihle with the permitted allowable uses in the district. Subd. 174lJse, conditional accessory. A use which is both an acccssory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowcd as an accessory use by Conditional Use Pennit granted by the Council. Subd. 175 Use, conditional principal. A principle usc which, bccausc of unique characteristics, cannot bc c1assi tied as a pcrmitted principle use in any particular district and which, aner due consideration by the commission and council, pursuant to thc applicable procedures contained herein, may nevertheless be allowcd on a site in a particular zoning district by Conditional Use Pernlit be granted by the council. Includes temporary uscs which require conditional approval bef()re being allowed. Subd. 176Utility distribution lines. The distrihution facilities of electric power, gas, water and communication companies which directly scrve abutting properties. . Subd. InUtility substation. ^ structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. Subd. 178 Utility transmission lines. The transmission facilitics of electric po\ver and communication companies which do not directly serve abutting propcrties. Subd. 179Utility vehicle. ^ vehicle, with or without a motor, and/or adapted f()r tcmporary living, sleeping, busincss or storage purposes; having a trame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not rcach or mect huilding codc requirements and has been or may he equipped with whcels or other devices for transporting purposes. This ternl shall include travel trailers, camping trailers, tent trailers, recreation vchicles, farm tractors, Iiding yard and garden tractors and trailers. A pcrmanent f()Undation shall not change the character of the vehiclc. Subd. 180Variance. ^ modification or variation of the proVISIOns of this Code, as applied to a specitic piece of property, except that modi1ication in the allowable uses within a district shall not bc allowed as a variance. Subd. 181 Vehicle wash. A huiJding, or portion thereof, which principal use is the washing of vehicles. . Section 1305 - Rules. Scope. Interprl'tation 8.:. Dclinitions Page 2\ 01'22 Subd. 182 VehicJc wrecking yard. Any open space where threc (3) or more used . motorizcd vehicles are stored which do not possess current statc auto licenses. Subd. 183 Warehousing. The storagc of materials or equipment as a principal usc within an enclosed building. -- --"- ---_._-- -___0__--- _ . ------ S~llQg-,- ] 84 W_<!l~r::Qri.entcd accessorY_~llJlfJlIf!;_9r faciJjJ~S-':DflU,abov~.groungJ?.!!ikhng QLQJncr improv9.m~nl'_ex.f~.Pt st~iI}Yjl"y_~-,--. fcnc_~~,__~ock~_'_..<!n~L~tai!Jing~~l1s, w.bi~h, h~f<!lI$e of th~.rclatjQ!1ship of it~._!J.~~_tQ._<! sUl:.:t~ce.water fe<!.tllr_(}'-r~ClsoQ_Cl.QJy!lt;cd~..JQ1)9 illf~l.~!Lcloscr JQ.P1!hlic .}Vaters than tll~mnormat~tIucturc _.~~lQ.<!.ck. E;;x~I!1pl~~ of. sUfb .$!m~tur~s an(Lll!.~iJ.ities include QQ1!lbQ!J.~.~~, gazebQ~_,-screen hQJJ~~.~,.JishJlQll~~~LQ!!!!!Q hou~!;~-,.Cl_nd dctached de~k~, ------- ...---.-- --- "----.--------.---..--.-- __..._n Subd. 185 Waterfront uses. Boat docks and storagc, water recreation equipment and other uses normally associatcd with to lakeshorc property. Subd. J 86 Wetlands. Low-lying areas which are normally covered with shallow or intemlittent waters. Swamps, marches, bogs, and other areas are all wetlands, and may occur as part of a rivcr, stream, drainageway, or as a frcestanding low area. Suhd. 1 87 Yard, front. A yard cxtending along the full length of the front lot line betwecn the side lot lines. Subd.188Yard, minimum required. The minimum opcn space extending between a . minimum building setback line and the adjoining lot linc in which a principlc building may not be placcd and in which accessory buildings may only be placcd as re!:,TUlatcd in this Code. Subd. I 89Yard, rcar. A yard extending across the full width of the lot and measurcd between the rear line ofthc lot and the rear line ofthc main building. Subd. 190Yard, side. A yard betwcen the building and thc adjacent sidelinc of the lot and cxtending from thc front yard to the rear yard. Subd. 191 Yan] Arca, required rear. The minimum required rcar yard depth multiplied by the average width of the total rear yard. Subd. I 92Zoning map. The map or maps incorporatcd into this Code as a part hereof. delincating the zoning districts. . Section 1305 - Rules. Scope, Interpretation & Definitions Page 22 of 22 . Section 1310 - Minimum Compliance Requirements 1310.01 Compliance with this Zoning Code. No building, structure or parcel ofJand may hercafter bc uscd or occupied and no building pcrmit shall be issucd for any structure or use which docs not conform to the provisions of this Codc, except as hcreafter providcd under Section '13.$0: 1310.02 Requirements Not To Be Reduced. No existing lot, yard, or parking area shall be so reduced in area or dimension as to make any such area or dimcnsion Jess than the minimum required by this Code, and if already less than the minimum required, it shall not be furthcr reduced, cxccpt as provided by thc variance provision in Section 1355 Subd 4. No yard or opcn spacc provided about any building for the purpose of complying with the provisions of this Code shall be considered as providing a yard or opcn space for any other building, and no yard or open space on adjoining prcmises shall be considercd as providing a yard or opcn spacc on a lot whercon a building is to be erected. 1310.03 !J.~~.QLP.I<;:J~.~i~1ingl-g1~ . ---.----_. --.--.. .--.--...--..---....-.----.---------.--.--.----...-- ~lJ.bg~mJ... ..JJJWQPX JnQL~PI.G.::<;?<:..i..~.ting's-~)l)tib'll.Q.!ls.. {Qt~,. .~~lfJuill!1g10 t~. 9.LR~Qr~l,jn.1Q1,1.I fOl!1 d 110 tJ~~...iIj'yj decUpto t \yo pr rI1QI~J~~t~)JlG~tjQgJJ1!;_r~ill!jJ!;I!!~D.h'!.Qf SeftiQn~.l2Q_<!pd '!f~ b.~ld. \;> yJ h~. s.llm~.()~.Il.~[ml.N.Q.ye1.lJbeL 13,.2..QQfi,Jhe.Y-'~b,dl!Je C911si der~cJQn!;..k~t .f.9sJmi.Jding al1!-t ZODlnKW[Q.oses. j\ c,:gy~~!1t,_duly:til~d(UJd_L<;c()rdecJ,_~h'!lLQ9 n:;ffiljrc(LQ.~fQfG.<.! buiJdi!!KP..enl!ilis i.~~!I_ed t1wre~m_, Subd.2 l"Q~jQined together for zoning..or Ql.!jJJfu!Kvurpo~es shalLD..QLbe djvid~.gjJl the . futurs~ut__sh~llhe_tie~L!Qg~.t.h~Lb.Y re~tri~tiQn!iIG~_\vith tbe County. ..--....---.-.- . Section 13] 0 - Minimum Compliance Requirements Page I ofl Section 13] 5 - Zoning Map and Boundaries of Zoning Districts . Deleted: <#> The fullowjD~ p..-operties . an generally located south of Counl)' . Uoad 1-:-2.. west of New Brighton Road~ Zoning Map. The boundaries of tht> zoning districts detined in Section) 320 are hereby east of ClevelaDd ^ ""enue, and north of 1315.0] the Cotta~l" Villas Dndopment.. and estahlished as of November J, 2006. and shown on the map t~ntitled "Otlicial Zoning Map of Arden are alsu dt"scribed b" the following: : legal descriptions:, Hills. Minnesota." which map is properly approved and filed in the otlice of the City Administrator. '1 I : <#>'rbe south sf'vl"nty-fh'f' (75) fret of ).~oundaries of Zoning Districts. ~istrict boundary lines as indicated on said map are : L.ol ,'ighl (81. Rohleder'sllome and 1315.02 ~ C;arden Acrt's~ Ralnse,y <:ounty.. intended 10 follow street righl-of-way lines. street ecnterlines or Jot lines unless a boundary line is Minnesota.. according to tbe plat : thereof on file and of record in the otherwise indicated (In said map. offin of tht. Rt'gistrar oJ Deeds in and for Ramlioe,.' ("ouol)', 1\.1innesota..l"xcept the east five hundred (500. fnt tbrreof ]n the case where a boundary line docs not appear to follow a property line. street or right-of-way : subjrrl to roads and t"'dsements of line. or where such line is not dimensioned on said map. the boundary line shall be determined by : rt'('ord~ is rezoned from an R-2 lont' . (Single and "'-wo Family Residential the scale appearing on the map. District) 10 a NB ZODr (Neighborhood Ullsiuess J)istriet) pursuant to Ordinance #345.~ Whenever any public street is vacated by official action. the zoning districts abutting the centerline ~ of said \'aealed street should not be affected by such action. <#>LoI niDe (9). Rohleder's IIome and (;ardrn r\rrrs~ Ramse~' ("ouol)'. !\Iinnesota a('c().-dill~ to the plat Ibenof ; 1315.03 Annexed Territory. A building moratorium shall apply, not to exceed the time permitted . on flIr aDd uf n"cord iu tbe office of tbe Registrar of needs in and for Ramsey by State Statutes. to any territory annexed to the City. until such time as a detailed study by the ('ount~". Minnesota. cxc("pt the t"dst fh'e Planning Commission has taken place as to the propcr zoning for the property newly acquired. hund.-ed 1500. feet thereof subject In mads and easemen's uf record. is Following such study the Cily shall proceed to zone the property in accord wjth the procedures rezoned r.-om aD R-2 ZODt ISingle and prescrihed by this C(l(k fix rezoning. "-"'It Fami~' Residentiall>istrict) to a NR zone (Neighborhood Busintss Uistrict) pursuant to Ordinann #345o~ 1315.04 Zoning and Ihe Comprehensive Development Plan. Any application to consider a change ~ <II> Tract A. Registered l.and Sun'ey in zoning by the Cily shall concurrcntly bc accompanied by an application to amcnd the #40]. Ramst')" Count,.... J\:Jinnesota. e'\rrpt the east """'0 hundred (200) fee' Comprehensive Development Plan in accordance with the proposed rezoning. irthe rezoning is not tbl'rl"of. is rezoned from an R-2 zone COllsistmt wilh the Plan. (Sin~lr and Two t'amil)' Residential Oistrkt) to a NB zone (Neighborhood 8ltsinl'ss Histriet) pursuant tn Ordinancr f/345.~ . " <#>I.ut rlr""lOn (I J) except the southerly eight (8) f<<t thenof. Rohltder's JJome and Garden Acres. Ramse,." County. '"linnesota. acrordin~ to the plat thrrrof 00 file and of record in Iht uffice of thlo ReJ!istrar of Deed~ in and for Ramse~: ('ouot~',. Minnesota. except thl' l'ast fiv(' hundred (SUO) feet thereof subjel"t to roads and easements of record. is r{'zont'd from 3D R-2 7,on{' (Sinl!h~' and T~o Famil~' Residenlial Uistrict) to a NB zone (~t'ighborhood RusinE'ss I>istricl) pursuant to Ordinance #345.~ '1 <#>L.ollwe"'e H2) and the sODlh rig hI (Kt frel of 1.01 eleven H I), Rohleder's lIume and Garden Arn's. Ramst~" COIII.I~'. 1\"linnesota. accurdin~ to Iht, plat tbereot 00 file and of record in thi' ufficr III the Registrar of Deeds in and fur Ramsl'~' ('ouDt~.. Minnesota. except tht' east fino hundnd (SOO) feet thereof sulljec1 to roads and easements. of rt'cord,. and neepllhat part incllldrd in Rl'~islt'~~~~::and. ~urv~~' ~'t?O 0" ~. 0 "r.!:] ~c"ction I.~ 15 . Zoning '\-tap and Boundar;", of loning Disl/'iets Page I of I . --.--..,.----..--.--..-.. .---. ...-.-..-..-.....-.-.-.----.. ........- -.-......-.-.-..-.-.... ........-..-........-...--.. . .------ Page 1: [1] Deleted James Lehnhoff 10/24/20068:17 AM . The following properties are generally located south of County Road E-2, west of New Brighton Road, east of Cleveland A venue, and north of the Cottage Villas Development, and are also described by the following legal descriptions: The south seventy-five (75) feet of Lot eight (8), Rohleder's Home and Garden Acres, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of needs in and for Ramsey County, Minnesota, except the east five hundred (500) feet thereof subject to roads and easements of record, is rezoned from an R-2 zone (Single and Two .Family Residential District) to a NB zone (Neighborhood Business [)istrict) pursuant to Ordinance #345. Lot nine (9), Rohleder's Home and Garden Acres, Ramsey County, Minnesota according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for Ramsey County, l\:linnesota, except the east five hundred (500) feet thereof subject to roads and casements of record, is rezoned from an R-2 zone (Single and Two Family Residential [)istrict) to a NB zone (Neighborhood Business District) pursuant to Ordinance #345. Tract A, Registered Land Survey #401, Ramsey County, . Minnesota, except the east two hundred (200) feet thereof, is rezoned from an R-2 zone (Single and Two Family Residential [)jstrict) to a NB zone (Neighborhood Business District) pursuant to Ordinance #345. Lot eleven (11) except the southerly eight (8) feet thereof, Rohleder's Home and Garden Acres, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of needs in and for Ramsey County, Minnesota, except the east five hundred (500) feet thereof subject to roads and easements of record, is rezoned from an R-2 zone (Single and Two }'amily Residential District) to a NB zone (Neighborhood Business [)jstrict) pursuant to Ordinance #345. Lot twelve (12) and the south eight (8) feet of Lot eleven (11), Rohleder's Home and Garden Acres, Ramsey County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of I>eeds in and for Ramsey County, Minnesota, except the east five hundred (500) feet thereof subject to roads and casements of record, and except that part included in Registered Land Survey #450, is rezoned from an R-2 zone (Single and Two Family . . Residential District) to a NB zone (Neighborhood Business District) pursuant to Ordinance #345. The following properties are generally located south of Highway 96, west of Hamline A venue, east of Keithson Drive and north of Arden View Drive and are also described by the following legal description: The west 397.5 feet of the north 276.82 feet of the Northeast Quarter of the Northwest Quarter of Section 22 Township 30 Range 23 is rezoned from an R-I zone (Single Family Residential District) to a NB zone (Neighborhood Business District) pursuant to Ordinance #364. . . Section 1320 - ~istrict Provisions . 1320.01 Establishment of Districts. The zoning districts designated herein are hercby established so as to assist the City in carrying out the intcnt and purpose of its Comprehensive Dcvelopment Plan f<)r the City and to control development in a manner consistent with the provisions of adcquate public serviccs and utilities. 1320.02 Designation of Zoning Districts. For the purposes of this Code the City of Ardcn Hills is hcreby dividcd into the following zoning districts: R-I Single Family Residential District R-2 Single and Two-Family Residential District R-3 Townhouse and Low Dcnsity Multiple Dwelling District R-4 Multiple Dwelling District 8-1 Limited Business District B-2 Gcncral Business District B-3 Service Business District 8-4 Retail Ccnter District NB NB District CC Civic Center District GB Gateway Busincss District I-I Limited Industrial District ]-2 General Industrial District I-Flex I-Flex District . PUD Planned Unit Development Ovcrlay District 1320.03 Allowable Uses. Uses allowed in any district. Subd. I Permitted Principal Uscs (P) - 'fhose uses that are allowed as a matter of right and multi pic operation uses, as defined herein, if at Icast one of the operations is a pennitted use and none ofthc operations is classified as a conditional use. Permitted multiplc family residential, business or industrial uses arc required to submit a site plan in accordance with the requiremcnts in Scction 1355. Suhd. 2 Conditional Uses (S) - Those uses that are allowed only after issuance of a ConditionalUsc Permit as required in Section 1355. Conditional Uses may included those uscs that are: A. Listed as conditional uses on thc Land Use Chart (1320.05) B. Not listed on the Land Use Chart as either pcrmitted or conditional uscs, but which have been reviewed hy the Planning Commission and designated by the City Council as conditional uses which are similar to those listed; C. Uses that are both accessory uses and conditional uscs (CA); D. Multiple Operation Uses as defined herein, if at least one of the operations is classified as a conditional use. . Suhd.3 Acccssory Uscs (A) Those uses that are incidcntal to the principal use of the premises on which it is conducted. Section 1320- District Provisions Page] of 32 Subd.4 Conditional Accessory Uses (CA) Those uscs that arc both accessory uscs and conditional uses, including those listed on thc Land Use Chart. Subd.5 Planned Unit Development - PUD (D) Thosc uses allowed only after issuancc of a . PUD Permit. Uses allowed in a PUD may include permitted uses, uses by conditional use permit, accessory uses and conditional accessory uses. The underlying zoning district(s) establishes thc basic allowable uscs and the gencral development standards. Subd.6 For any new construction or alteration, building permits must be secured pursuant to the provision of the building code and this Codc. Subd. 7 Where questions arise as to whether a proposed use falls within a permitted use category and/or a conditional usc category and/or an accessory use category, or whether a specific use that is not included on the Land Use Chart should be allowcd in a particular district, thc Planning Commission shall make a recommendation to the City Council which shall make the final detemlination that the use is similar to other allowable uses in the district or that a zoning code amendment procedurc should be initiated. 1320.04 Purpose of Districts. Subd. I R-I Single Family Residential District A. To establish areas for the development of single family detached housing at a maximum density of approximately three (3) units per net acre. B. To reserve development areas for single-family housing. C. To restrict encroachment of incompatible uses. . D. To maintain dcnsity limitations. E. To take advantage of municipal utilities. F. To prescrve open space. Subd.2 R-2 Single Family and Two Family Residential District A. To establish areas for the development of single and two (2) family housing at a maximum density of approximately five units per net acre. B. To reserve development areas for single and two family housing. C To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilitics. F. To preserve open space. Subd.3 R-3 Townhousc and Low Density Multiple Dwelling District A. To provide arcas offering a broad development range in housing units with a maximum dcnsity of cight (8) units per nct acre. B. To retain the environment and character oflcss intensivc residence arcas through carefully cstablished bulk and lot area requirements. Subd.4 R-4 Multiplc Dwelling District . A. To establish areas for thc development of multiple dwelling structures with a maximum density of twelve (12) units per nct acre. Section] 320 District Provisions Page 2 of 32 B. To pemlit the most intcnsive residcntial development allowcd in the City. C. To maintain an essentially residcntial character in areas dcveloped at a more intensive density. . Subd.5 NB Neighborhood Business District A. To be located at the edge of residential ncighhorhoods. B. To providc a limitcd range of over-the-counter, convcnience, retail, and scrvice uses to accommodate the nceds of the adjacent residents. C. To place limitations on the typc, size and intensity of uscs within this district, given its proximity to residential uses. D. To place cmpha'sis on convenience for pedestrian, bicycle, and public transportation access to the usc. E. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another. F. To ensure adequatc buffering is provided on thcse sites f{)r the adjaccnt rcsidential uses. G. To require, wherc applicable, compliance with the City's gateway requirements. Subd.6 B-1 Limited Business District A. To establish areas for the location and development of administrativc office buildings and related office uses which arc subject to morc restrictive controls. B. To provide a district which is related to and may reasonably adjoin high density or other rcsidcntial districts. ..... . C. To establish a business district in which there is limitcd contact with the public and no exterior display or sclling of merchandise to thc general public. Suhd. 7 B-2 Gencral Business District A. To group compatible rctail and scrvice business uses which will tend to draw trade that is naturally interchangeable and so promote business prosperity. B. To provide an adcquate supply of businesses and professional service areas to mcet the needs ofthc rcsidents. C. To promotc a high quality of total commercial development and dcsign that produces a positive visual image. D. To minimizc the ctTccts oftraftic congestion, noise, odor, glare and similar safety problems Suhd.8 B-3 Service Business District A. To accommodate an adequate supply ofbusincsses and services that serve the community and motorists traveling through the community with a broad range of services and goods. B. To provide locations for uses that may bc incompatible with retail centers, thereby keeping the rctail centcrs compact and convenient. C. To keep scrvices in dose proximity to artcrial streets or highways in areas that . are appropriately designatcd on the Comprehensive Plan. D. To cncourage grouping of compatible and mutually supportive husiness uses and services. Section] 320 - District Provisions Page -' of 32 E. To promote business prosperity. F. To establish a high standard of development and desif,'ll that produces a positivc visual image and minimizes the effects of traffic congestion, noise, odor and glare. . G. To allow a transitional reuse of existing buildings until markct conditions warrant rcdevelopment. H. To cnhancc redevelopmcnt potential by prohibiting uscs that would impede rcdevelopment. I. To ensurc acceptablc traffic operations on local streets J. To promote flexibility in land uscs and sitc dcvelopment standards to achieve the purposes of the district. Subd.9 8-4 Retail Center District A. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a widc rangc of retail goods and services. B. To promotc business prosperity by creating an attractive and functional rctail center. C. To provide an integratcd retail trade center that groups compatible retail uscs in one or more multiple-occupancy buildings. Frce standing, single-occupancy buildings will be allowed if planned and constructed as part of a unified development that contains a retail ccnter or is developed after such a retail centcr is developed. D. To produce a positive visual imagc by establishing a high standard of design and development. . E. To allow transitional uscs that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. F. To encourage grouping of uses that are mutually supportivc and have similar rcquircments for vchicular and pedestrian accessibility and exposure. G. To alleviate potential traffic congestion on local strcets by the design of the circulation pattern and arrangcment of uses. Subd. 10 CC Civic Center District A. To implcment that part of City of Ardcn Hills Comprehcnsive Plan known as the Civic Cent<-'}" (CC) area. B. To create a dcstination-oriented area that serves as focal point for the Community where a mix ofuscs including public, small retail, educational, semi-public facilities and some mid-to-high-density housing are located. C. To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create a gathering/activity placc that is unified in purpose, design and use. D. To require strict dcvelopmcnt standards and building materials to create a high quality civic environment. E. To prescrve, protect, and enhance existing development adjacent to the district. F. To promotc compact, unified development that takes advantage ofthc proximity . to the adjacent opcn space areas and regional transportation facilities. G. To minimize the effects of traffic congestion. Section ] 320 District Provisions Page 4 of 32 H. To allow development that will insure rcasonable tratlic operation on the internal and surrounding transportation systems including Lexington, Hamline, and Highway 96. . I. To encourage arrangement ofuscs that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. Subd. 11 GS Gateway Business District A. To implement that part of Arden Hills Comprehensive Developmcnt Plan known as the 1-694/l-35W Plan. S. To promote high quality, unified, large-scale development in a manner similar to a planned unit development. C. To take full advantage of the sitc's location as documented and described in the NE 1-694/I-35W Plan. D. To allow only development that will create an attractive environment and a positive image for this site, which is one of the most visiblc in thc community and rcpresents the City's last major dcvelopment site. E. To protect the site's environmental resources. F. To promote flcxibility in land uses and development standards to achicve the objectives of the 1-694/1-35W Plan. G. To allow development that will insure reasonable traffic opcration on the internal and surrounding transportation systems. Subd. 12 1- I Limited Industrial District A. To allow only those types and intensities of industrial uses that do not detract . from the surrounding area. R. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District. Subd. 13 1-2 General Industlial District ^. To provide an area where more intensive light industrial land uses may locate. S. To prcsent the least delcterious effect to adjaccnt, less intensive land uscs. Subd. 14 I-FLEX District A. To prcservc, protect, enhance and perpetuate existing developmcnt in the district. B. To attract new development that is compatible with existing developmcnt in thc district in terms of use, pert(mnance, character, quality and appearance of buildings and sites. C. To pcrmit only those uscs that will have tratlic gencration characteristics that arc compatible with existing developmcnt in the district and that will ensure reasonable traffic operation on streets in the vicinity. D. To encourage ncw site development that will be compatible with existing site development standards of existing development in the district. E. To promote flexibility in land uses and site development standards to achievc . the objectivcs of the I-Flex District. Section 1320 - District Provisions Page 5 of 32 Subd. 15 Planned Unit Development (PlJD) Overlay District A. To allow flexibility in land dcvelopmcnt to benefit from new technology in . building design and construction and in land development. B. To encourage variety in the organization of site elements, land uses (residential and non-residential), building dcnsities, and building and dwelling types. C. To promote higher standards of site and building design through the use of trained and cxperienccd professional land planners, landscapc architects, registcred architects, engineers and surveyors to prepare plans for all PlJD's. D. To prcserve and cnhancc desirable site characteristics and open space. E. To promotc morc eflicicnt and effcctive use ofland, opcn space and public tacilities F. To effectuate thc policics and standards of the Arden Hills Comprehensive Development Plan. . . Section) 320 - District Provisions Page 6 01'32 1320.05 Land Use Chart. . .~, :l2t'R?iX' ;(1;. .', .?oni~.:DiStri~:+r, .,{ ,-1ir' I~i' :~ ' v' Uses: B+1':: B-itB-3'6-4 . Gel GB:! I-FLEX "Ar.!~~,J>l~!i:Qf.To.~~,"i::"~._ ......C..i _.._.c.:."._. CA CA CA CA C CA CA CA CA CA _~1~~r~? C C p p p p p p ;~!~~~W~!~mn:7ji~n~:'8fI'''-~'':. ~ . .._. m~~~~ ,Qriy(;i4n~!lsin~ :L':..n ..:' c.......".........:........ ..... ..,.. :Iil~~ij '~~~~~~~~re~ptro~e~l"')t:._->;..,. ;0>" ff~~nci~iTnstitoti~n'~-S~iyiCil,.._.:&;,.i...~i.: ...m;~:~gE5g~g~:~g:~:t;~- ... ...:~;.. ".2)' .~~~:tl~~~!~~~:.l{-/,~,:.';::,{. . ;~~~Ir~c ~~',L;i,:w:cL p p p p .r9~m$hoP.E.:"jL../.'.:,7_ . C Personal SerViCe' :.' p p P 'Publit Use;" .: ,'. C C C C il;~~e:l~i4 .-:= p p C p C C RetiiiiSaleS&.SefVice '''.'' .... . . .... p p aE~t---- C :~~~::~; E~t~rjor.:. : ":;"::," p ,L=~i~e.~ij~n:D~~ . . p ~:~~I!!~~:~:Li~a.sil~;~n~Ir~~,s_.:..: C C ;"-~!g.e~MQtClri?-~;-[:!;~~<X . ::<L C Warehousin".. ../':';/ . ,.. A A A A .ft' 'J: ...'L..~c.:.~'~(mdjtitih~;~;: ~~~~e,~;~:~.~~;~;~~:lli~:.:~~d~~:h;~l:~soryHse.p~~it ;.;::.;..f::' . Section 1320 - District Provisions Page 7 of 32 1320.06 District Requirements Chart. * CC .G-B 1-1 ! 1-2 1. Minimum Lot Area i I (SF per Dwelling Unit) i 11.000 111,000 11 ,000 I == I-- I Single Family 14,000 -- -- -- -- -- -- -- -- Two Family 14.000 8,000 8,000 8,000 == -- -- -- -- -- -- -- Multiple Family PUD -- , -- 5.450 3;630 -- -- -- -- -- -- -- -- -- -- 2, Minimum Lot Area (SF) 11',000 .113,000 i .120.000 -< Non-Residential Uses 14,000;. 11 ;000, 11.000' 13,000 ....... '13.000 13.000 I::c SAC '30,000. 24.000 24.000 ' Mixed Use Project or I Multiple Occupancy Center -- -- -- -- -- -- -- 20 AC -- -- -- .' Single 'Use Project or' . .. . ~. .A.'~..... _ .. < .. :~. . .. Free standln Buildin '-- :;; ==.:. 2AC 10 AC:' == ::;:; -- -- -- -- 3. Minimum Lot Size (ft) I Width/Depth ! I i Non-residential -- .. ~;/120 1;;/120 100/130 100/130 100/130 100/130 100/130 .100/100 100/130 ~~0/130:1 ~~0/130 100/130 Single Family 951130 85/120 -- -- -- -- -- -- -- -- Two Famil 95/130 85/120 85/120 85/120 -- -- -- -- -- -- -- -- 4. Hei ht ft. 35 35 35 ' 35 35 35 35 35 35 35 35 35 ,45 45 i 5: Flo6riArea Ratio' FAR: 0.3.... 0;3. "'0.3 .. 0:3 .. 0:7"" 0:7 '<O:s- 0,8' . . '. 0.3 0.8 -- '0:6 . .O.S'.... 0:8" . 6. Lot Covered b Structure 25% 25% 25% 125% 35% 135% 40% 40% 25% 40% -- 30% 40% ' 40% 7. Min. Landsca e Lot Area' 65%' 65% 65%. .' 65% 35%. 25% 25% 25% . 25% 20% .35%" '. 35% 25%. 25% 8. Minimum Building Setbacks (ft) i 40 140 i ,Front yard 40 40 20 50, I ~~; 150 50 20 50 55 50 50 Rear Yard (Principle) '30 ' 30 30 30 20 20 120 20 20 20 20 20 20 RearYard (Accessory) 110 ..' 10 10 10 ;:10 110 10 110.... 10' 110 10- 10: 10 110'- . Side Yard Interior - Principal ! 15/15 I (Min/total both yards on lot) 5/15 I ~~/40 .... . 20/40 20/40 20/40 ! 10/20 20/40 .. 20/40 20/40 i 20/40 Side Yard Interior -Acces$ory . 10 . 10 10 . :10 . 10 110 10" 10 10 110 Side Yard Corner , 40 20 50 50 50 50 i 20 50 50 50 , 50 . .. Other Setbacks' ..' . . . .'. ....~. ;... .' .....:~>;.. .. "'j:';:'::' ...\;~.,;.~~:. ,;. .... . . "'6'O:!..' .. .' Lakeshore " High Water MarkO" ~~~f>'.>". ". j? ~:,:.:. . '~~~~n~~r;b~e~~,?r>;:>,:;:-'>.;' 'i~J~S;/ '.. ....:1~~;;.f;.. r< :.i. ~ ,. '. 100 '1;50 '. 100 9, PUD & SUP Maximum Dwelling Unit- I I-- 1== Densit Per Net Acre 3.0 12.0 -- -- -- 20.0 ' 12.0 -- -- * See Sections 1320.07 - 1320.14 for further requirements. ** But in no case less than 1/2 Building Height. *** See Section 1330.03. Section 1320 -.1 Provisions . . Pag 2 1320.07 Graphic Zoning lIIustration . GRAPHIC ILLUSTRATION OF ZONING TERMS .- ..--..-. .--.. ...----.--.-. -... -..-..- .-- -.-- .-..-..- -I ! I!~ I SIDE LOT lINE~ l"TIit I -----,------ ---. =<H: I ~--!'~~~~~.::~~~~.!!~-~--~ lr I i f~~ /1111 V. i ~II ~! ", !~;s 'I'~ ~ II r .., I buildable 101 area '... g ~ r- m 0:' ICD _ 0 0 m ~ gl/ '" :1:-;;1 ~ .... ~ ij ~~i V i ; L__[---~~~~=~a=-~--l ---J ,I L SIDE LOT LINE _.:;--e , ..-. .. '-LOT DEPTH .----. ..--.. .--'-.. ..._--tBLVD- PAVING_ i . ; I , . . , , I!~ SIDE LOT LINE '''iI r-----r--~- ---l~Hl ~ 'ea, ya'd--f :'a~~ "OIl! yard --.' ~.... i ~~~~ r ! r :IJ ' a.:D ~I' ! ;~ II~ ~ 5 I ~~:; m -t -I -t -t C. -:; :r r- i iijl 0. l~ I ~ i V i I I b I J I side I yard . I ' _____..L...--_~. ___ SIDE LOT LINE- ./ . -. - ." --LOTDEPTH----...-..n .-. . -'-"fBLVD. --PAVING.-... I II .. ____.... __ .____." . ____ .....__._.. _.______._.._ ___... "___________v . Section) 320 - District Provisions Page I.{ of 32 1320.08 Spccial Requiremcnts f()r thc Neighborhood Business (NS) District. Subd. I Procedurc. The application and the administrative and review procedure . established in Scction I 355J)4 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followcd for all development that involves new building construction, modification of a building's exterior or modification ofthc site. Conditional Use Pcrmits are not rcquired for pennitted uses that occupy approvcd buildings that do not require exterior building modification or site modification. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning tlexihility and to encourage coopcrativc dialogue betwcen the applicant and the City. Subd.2 Special Regulations for Pcrmitted Uses in the NB District. Pcnnitted uses are allowed as specificd in the Land Usc Chart, Scction ] 320.05, for the NB District. However, this Code specifies additional requircments for Clinics; Financial Institutions & Service; and Rctail Sales & Service. These uscs can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. A. Clinics shall not exceed three thousand (3,000) gross square feet. B. Financial Institutions & Service shall not cxceed five thousand (5,000) gross squarc feet, nor include a drive thru facility, nor include an outdoor or dctached automated kiosk. C. Retail Sales & Service shall not exceed thrce thousand (3,000) gross squarc feet. These uscs shall only include: antiques, art and school supplies, bakerics, . bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rcntal, convenience store, custom dressmaking, drugs, dry goods, florist, garden supplies (ycar-round operation only), gifts, groccry, hardwarc, hats, hobby shops, household appliance repair, interior decorating (no retail furniture sales), jewelry, locksmith shops, musical instruments, paint and wallpaper, shoes, sporting goods, tobacco, toys, and wearing apparel, and similar type uses. Automobile relatcd busincss, liquor stores, and restaurants, excceding forty (40) percent in gross liquor receipts of the total food and liquor reccipts, would not be allowed in the Neighborhood Business District. Subd.3 Special Regulations for Conditional Uses in the NB District. Conditional Uses are allowed as specificd in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional rcquirements for restaurants and multiple family and two- family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and strects that would negatively impact adjacent residential uses outside the neighborhood business district. A. Restaurants shall not exceed three thousand (3,000) gross square feet. Exterior seating wiIJ be considered bascd 011 its impact on adjacent rcsidential uses outside the neighborhood business district. B. Dwelling Units may be located within a mixed use development including non- . rcsidential structures. Section J 320- District Provisions Page 9 of 32 Subd.4 District Requirements: (Thc district requircments in Scction J 320.06 f()r the NB District will apply). To furthcr accomplish the stated purpose of the NB District, developers are encouraged to plan thcir sites in the spirit ofthc purpose and intent of the Planned Unit . Development provision in Section 1320.14. At thc timc of submittal fix the Conditional Use Permit and Sitc Plan Review, the applicant shall idcntify modifications to thc standard zoning rcquircmcnts otherwise applicable to the site and the reasons why the modifications would be in the public intcrest and would bc consistent with the purpose of the district. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, hcight, use mix, location and relationship with othcr existing and proposed uses arc compatible and complemcntary both internally and with adjacent uses, and mect the intent of the City as expressed in the NB District purpose and the ahove criteria for allowablc uscs. Subd.5 Building Exteriors, Site Fcatures and Site Development. Accomplishing the statcd purposc of the NB District requires particular conccm t()r the design of buildings. site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to cxisting buildings, site features and site design on adjoining sites in the district. A. The City Council will make the final dctennination on the compatibility and consistency with this provision. B. Landscaping f()r the site shall cOlllply with Appendix A of the Zoning Code. In addition to Appcndix A landscaping shall be provided at the rate ofthrec caliper inches per forty (40) fect ofpuhlic strcet frontage. . C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside thc neighborhood business district. The buffer yard shall bc landscaped with a combination of evergreen trees (six-f()ot high minimum) and deciduous trees (three-inch caliper minimum) such that the usc is c1Tectivcly scrcened from thc adjacent residences. Thc hurter yard landscaping shall not be includcd into the minimum landscaping calculation (Appendix A ofthe Zoning Code). D. Hours of Operation shall be prohibitcd between the hours of II :00 p.lll. to 6:00 a.m. All deliveries and loading shall be done during nonnal hours of opcration. E. Slopcd Roofs shall be utilized on all principal and acccssory structures. Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods outside the neighborhood business district. F. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. G. Lighting shall adhere to the requiremcnts in Section 1325.05 Subd 3. Lighting shall not bc pemlitted to wash the building, cxcept for accent lighting to dcJincate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to excecd fourteen (14) feet in height. . H. Trash shall be fully screened in a masonry cnclosure or shall be stored within the principal structure. Section 1320 - District Provisions Page 10 of 32 I. Vending Machines shall be locatcd on the interior of the principal structure. J. Bicycle Racks shall be providcd in an area that is convenient to the main . entryway into the building. K. Sidewalks shall be provided adjaccnt to all public rights-of-way. L. Gatcways, where applicable, should be incorporated into the layout ofthc site. The 1985 Parkway System Feasibility Study and the Comprehensive Plan provide additional guidance on the incorporation of gateways. 1320.09 Special Requirements for the B-3 Scrvice Business District. Subd. I Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appcndix A, Procedural Manual, shall be followed for all developmcnt that involves new building construction, modification of a building's exterior or modification of the sitc. Conditional use pcrmits are not requircd for pemlitted uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subject to any modifications or additions sct forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage coopcrative dialogue between the applicant and the City. Subd.2 Permitted Uses. Permittcd uses are allowed as spccified in the Land Use Chart. . Section 1320.05, for the B-3 District. Subd.3 Uses Allowed by Conditional Use Permit. A. The above permitted uscs, if construction of a new building, modification of a building's exterior, or modification of the site is involvcd. B. Uses allowed by Conditional Use Permit as specified on the Land Use Chart, 1320.05, for the B-3 District. Subd.4 Special RebJUlations fl.)r Drive-In Businesses and Fast Food Restaurants in the B- 3 District. Section 1325.04 of this Code, specities additional requirements for drive-in businesses, fast food restaurants and automobile service stations. This paragraph (Subd. 4) is a provision whereby the proximity requirement of one thousand three hundred and twenty (I ,320) fcet between drive-in busincsses or fast food rcstaurants may be waived if the f()lIowing conditions are met: A. The opcration consists of one or more drive-in businesscs or fast f()od restaurants and is an integral part of a building containing one or more other allowed uses, or the operation is part of an architecturally unified "food court" or "drive-in service court" complex containing two or more restaurants, fast food restaurants or drive-in busincsses. . B. Shared acccss drives and shared parking arc utilized by all such restaurants, fast food restaurants or drive-in businesses in said building or complcx. Section) 320- District Provisions Page I] of32 C Only one "food court" or "drive-in business court" or building containing fast food restaurants or drive-in husinesses will bc allowed in addition to one . freestanding fast f()()d restaurant. D. The architecturc and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function ofthc complex or building. E. A "fast food court" or "drive-in business court" may consist of one or more buildings on one or morc parcels if the intcnt of providing a unified appearance and function is not compromised. Subd. 5 District Requirements: (Thc district requirements in Section 1320.06 for the B-3 District will apply). To further accomplish thc stated purpose of thc B-3 District, developers are encouraged to plan their sites in the spirit of the purposc and intent of the Planned Unit Developmcnt provision in Scction I :nO.14. At the time of submittal tor thc Conditional Use Pennit and Site Plan Revicw, the applicant shall identify modifications to the standard zoning requircments otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. Subd.6 Building Exteriors, Site Fcatures and Site Development. Accomplishing the stated purpose of the B-3 Service Business District requires particular concern for the dcsign of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, gcometry, massing, materials and colors shall be responsive to existing . buildings, sitc tCatures and site design on adjoining sites in the district. The City Council will make the final dctennination on the compatibility and consistency with this provision. 1320.10 Special Requircments for the B-4 Retail Center District. Subd. I Procedure. The application and the administrative and review procedure established in Section] 355.04 Subd 3, Conditional Usc Pcnnits and in Appendix A, Procedural Manual, shall bc f()lIowed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions sct forth in this Section. The prescribed procedure may be modified by thc City to allow planning flexihility and to encourage cooperative dialogue bctween the applicant and the City. Subd.2 Permitted Uses. Due to the replacement, reuse or rcdcvelopment nature of potcntial development in this district, the list of 1-2 permittcd uses as of April 1991, that arc not pennitted in thc 13-4 District, will be allowcd in buildings existing in April 1991 as permitted uses until redcvelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be allowed in buildings constructed after April 1991. The permitted uses on thc Land Use Chart, Scction 1320.05, in the B-4 District will be permittcd either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped huiJdings. . Subd.3 Uses Allowed by Conditional Use Pennit. Due to the rcplacement, reusc or redcvelopment nature of potential development in this district, the existing 1-2 uscs allowed by conditional use pennit as of April 1991 wilJ be allowcd to continue as conditional uses Section 1320 District Provisions Page 12 of32 until redevelopment or replacemcnt ofthc building or buildings housing such uses occurs. No ncw 1-2 uscs by conditional use permit will be allowed unless those uses are permitted or allowed by conditional use permit in the B-4 District. The uses allowed by Conditional Usc Permit on the Land Use Chart, Scction 1320.05, in thc B-4 District will be allowed by . conditional use pcrmit either as replacement uses in buildings existing as of April 1991 or as uses in rcplaced, rcdeveloped or ncw buildings. Subd.4 Special Regulations for Drive-in Businesses and Fast Food Restaurants in the B-4 District. Section 1325.04 of the Zoning Ordinance, specifies additional requirements for drive-in businesses, fast food rcstaurants and automobile service stations. This parabFfaph (Subd. 7) is a provision whereby the proximity requirement of one thousand three hundred and twenty (l,320) fcet between drive-in businesses or fast food restaurants may be waived if the following conditions are mct: A. The drive-in business or fast food rcstaurant operation is an integral part of a building containing onc or more allowed uses and the drive-in business or fast food restaurant is clearly sccondary to other principal uscs in the building. B. The architectural treatment, circulation plan and signagc system of such drive-in business or fast food operations are designcd to be visually and functionally an integral part of the building and sitc in which they are located. Subd.5 District Requirements. The rcquirements below are established for development of individual "lots" and for the ovcrall development of "planned projects". "Lots" arc individual parcels on which may be placed a single building (either single or multiple-occupancy). "Planncd projects" are sites on which may be placed (a) A single or . multi-occupancy rctail center; (b) Two or more free-standing, single or multiple-occupancy buildings; or (c) A combination of (a) and (b). A "retail ccnter" is a single building housing either several retail outlcts or a singlc retail outlet with sevcral departments. In a "planned project" individual lots may be creatcd for scparatc buildings or parts of buildings but separate buildings are not required to be locatcd on separate lots. To allow maximum development creativity and flexibility, reb'1llations such as lot area, side and rcar yard building and parking setbacks, Floor Area Ratio (F.A.R.), number of parking spaces, percent ofJandscapc area, etc., may be modified for individual parcels and interior lot lines within a project. However, the rcgulations for these same items must be met f()r the total project area and extcrior project lot lines. A. Minimum Lot Arca Requirements: 1. Multiple-occupancy retail center: 5 acres 2. Free-standing, single or multiple-occupancy building: 2 Acres B. Maximum Bulk Requirements: 1. Height: 35 feet 2. Floor area ratio (F.A.R.): .30 3. Lot coverage by structure: 25% C. Minimum Landscaped Arca: 25% . D. Minimum Building Sctbacks: 1. Front yard and exterior project lincs: 50 ft Section) 320 - District Provisions Page]30f32 2. Side yard: 20 feet 3. Rear yard: 20 feet . Subd.6 Building Exteriors. Site Features and Site Development. Accomplishing the stated purpose of the 13-4 District requires particular concem for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The arrangement, geometry, massing, materials and colors shall he responsive to existing buildings. The City Council will make the final determination on the compatibility and consistency with this proVJSIOn. A. Landscaping (GB District regulations. Section 1320.13, shall apply) B. Parking (GB District regulations. Section J 320.13, shall apply) C. Signs (GB District regulations. Section 1320.13, shall apply) D. Lighting (GB District regulations, Section 1320.13,) shall apply) E. Pedestrian Circulation: All development within the B-4 District shall incorporate pedestrian improvements, which may indude more specific City requirements that heeome apparent in the plan revie\v process. F. Drainage /Water Management Plan: A plan must he submitted with each project or lot development in the B-4 District. The plan must he approved by the Ricc Creek Watershed District. other agencies as required, and by the City Engineer. . On-site ponding is encouraged as a visual and functional amenity. Two or more lots or projects may coordinate their plans It)r their mutual benefit. 1320.11 Special Requirements for the Civic Center (CC) District. Subd. 1 Procedure. The application and the administrative and review procedure estahlished in Section] 355.04 Suhd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be fl)lIowed for all development that involves new building construction, modification of a huilding's exterior. or modification of thc site. This provision is suhject to any modifications or additions set tt)rth in this Scction. The prescribed procedure may be modified by the City to allow planning llexihility and to encourage cooperative dialogue hetween the applicant and the City. Subd.2 Allowable Uses. Development within the ('C District will include uses that are pcrmitted and conditional uses on the Land Use Chart. Section 1320.05, under the CC District. These uses must be consistent with the stated purposes of this district and the following development criteria: A. Uses. Uses as shown on Land Use Chart Section 1320.05. under the CC District as pennitted and conditional uses are allowed. Uses not expressly stated on the chart are not allowed, unless determined hy the City Council that the use is . similar to the allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible Section 1320 Districl Provisions Page)4of32 and complemcntary both intemally and with adjacent uses, and meet the intent of thc CC District purposes and the criteria for allowahle lIses. B. Staging Area. With thc exception of during a new construction pcriod, staging . areas shall be free of such materials, equipment or vehides at the close of each busincss day. Overnight, weckend or holiday storage is not permittcd. Materials transfer is permitted only for such activities necessary during the normal day-to-day business operation betwecn the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. C. Hazardous Materials. All hazardous materials used or stored on site are subject to the rq,rulation of the State Firc and Building Code and thc Minnesota Pollution Control Agency (MPCA). D. Internal Traffic Control. All buildings shall be accessible to and from nearby public streets. City design revicw will include pedestrian, hicycle. transit and automotive circulation patterns and needs. Subd.3 Prohibited Uses. Some land uses are specifically not compatible with the stated purpose of the CC District. Thc following uses arc theref()re prohihited: A. Outdoor storage of cquipment. vchicles, and materials. Any type of storage associatcd with use must be fully contained within primary or acccssory building. Matcrials used in "staging areas" must not remain on ground for more than twcnty-four (24) hours. B. Towcrs f()r telecommunications. Only antennas that are flush, parallel, . unobtrusive and painted the same color as building \viII be allowed. C. Opcn sales, rcntal or storage lots, including but not Iimitcd to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers. hoats, mobile homes, machinery, lumber, building materials, landscape matcrials, and similar items. D. Fast food establishments. E. Drive-in businesscs. F. Single and two-family housing. G. Gasolinc service stations. II. Casino. 1. Uses that thc City may detcnnine arc incompatihle with its objectives or with developmcnt as it may occur, thereby imposing or establishing new or unfixescen standards. Subd.4 Development Standards. . A. All district standards specified in Section 1320.06 must he met. Section) 320 - District Provisions Page 15 of 32 B. Maximum Floor Area Ratio (FAR). The total FAR shall not cxcecd 0.8. . C. Building Height and Setback. To accomplish thc intensity and scale of development consistent with the defined purpose of the CC District, multi-story buildings will be allowed. \. State Highways or County Roads: Minimum huilding setback is 60 feet. Building setbacks from State Highways or County Roads arc measured tfom roadway eascmcnt line. 2. Parking setbacks. Parking arcas shall be set back twenty (20) fcet from all roadways. The side yard setback requirement for parking is five (5) fcet. 3. Parking between the front of the building and the roadway is not permitted. Parking lots must bc scthack to be placed cither even with or hehind the primary structure. 4. Thirty-five (35) fcet is thc Illaximulll hcight allowed. 5. The use of stepped building hcights 1S encouraged to provide visual transition. This applies to both multi-building complexes and single hllildings. 6. The location of buildings relativc to their heights will considcr views and . relationship from within the CC District and from public and private areas otTthc sitc. D. Landscaping and screening. Appropriate and unified landscaping is essential to eflcctively meet the detined purpose of the CC District. I. A landscape plan shall bc submitted as required in Appendix A, Procedure Manual. 2. Fences. If fcnces are used It)!" landscape screcning, they must conform to thc following: a. No higher than six (6) feet in rear yards only: b. No barbed wire, razor wire, or spikes allowed. c. Fences must blend into the landscape and minimize corrosion. Wood, hrick, stone or wrought iron is encouragcd. If chain link is allowed by the City Council, it must havc black or dark green vinyl coating. d. All other requirements of Section 1325.05 Subd 4 must be followcd. 3. Special attention to screening trom roadways must be given. Scrcening along Highway 96 must be consistent in appearance and matcrials. 4. Overhead garage doors, large parking lots, mechanicallltilities and othcr . such itcms must be propcrly screened. Section) 320. District Provisions Page )6 of32 5. Special attention must be given to the Gateway entrances at Highway 96 and Hamline A venue and at Highway 96 and Lexington A venue as specified in the community gateway study. E. Building Exteriors. The appearancc of buildings is the most important component in . land development. Accomplishing the stated purpose of the CC District rcquircs particular concern for building design. \. The arrangement, gcometry and massing of individual buildings shaH be rcsponsive to thc arrangement of the whole CC District. 2. Exterior building materials shaH be of brick, stone, glass or any combination thereoC cxcept trim and accessories may be metal. Materials and colors selected for any individual building shall be compatible with other buildings in the CC District. 3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scopc to create unity in thc CC District. All building elevations shall be considcred "'fronts." 4. All service entrance areas, mechanical equipmcnt and trash handling devices shall bc fully screened. F. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requircments may be adjusted by the City in the project rcview process if the changcs will more effectively accomplish the stated purpose of the CC District. . G. Traffic Impact Study. The City may determine if a use wilJ impose limitations on traffic. H. Generatcd within the CC District. In order to maintain thc functional capacity ofthe area road system, a tratlic study prepared by a traffic engineer may be required. I. Signs. Signs are regulated by the Arden Hills Sign Codc subject to any modifications or additions contained herein. J. Lighting. Exterior lighting shall be providcd for thc safety and convenience of occupants and visitors. I. A lighting plan shall be submitted that shows location, type of illumination and design. 2. Exterior lighting shall be consistent in type, design, and scale to create unity in thc CC District. 3. The source of illumination shall he hooded, conccaled or controlled in a manncr so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96. . 4. Light washing ofhuildings is prohihited. Wall packs are allowed at entrances only. Accent lighting ofhuildings and sites may he permittcd by Section 1320 District Provisions Page 17 of32 the City. A photomctric analysis of site and building shaH be submitted f(lr City approval. . K. Pedestrian Circulation. All development within the District shall install pedestrian improvemcnts in accordance with thc City of Arden Hills Comprchensive Plan. Other pedestrian sidewalks and trails may be required by the City. 1. Site design shall facilitate pedestrian conncctions and mobility within and between building, sites, and uses by providing dear visual indicators through door placement, signage, and integrating landscaping components. 2. The city may requirc bike racks; racks must be placed to not impede pedestrian circulation. 3. Internal sidewalk systems shall connect with adjacent planned or developed puhlic sidewalks or trails. L. Drainage, WetJands and Flood Plain. A water management plan must be submitted for each project in the CC District. The plan must be approved by the Ricc Creek Watershed District, other agencies as required, and the City Engineer. I. Regional ponding is cncouraged as a visual and functional amenity; two or more sitcs may coordinate their water management plans for their mutual benefit. . 2. Utility Lines. Underground utility lines shall be required in all develop- ment within thc CC District. Except for temporary measures by special permit, there shall be no utilities located overhead. 1320.12 Special Requircments !()r the I-Flex District. Subd. 1 Procedure. Thc application and the administrative and review procedure established in Section] 355.04 Subd 3, Conditional Use Pcnnits, and Appendix A, Procedural Manual shall be followed for all dcvelopment that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Scction. The prescrihcd procedure may be modified by the City to allow planning flexibility and to cncourage coopcrative dialoguc between the applicant and thc City. Subd.2 Permittcd Uses. Permitted uses are aHowed as specified on the Land Use Chat1, Section 1320.05, for thc I-Flcx District. Subd.3 Uses allowed by Conditional Use Permit. A. Permittcd principal uses, if construction of a new huilding, modification of a building's cxterior, or modification of the site is involved. . B. Used allowed by Conditional Use Pennit as specified on the Land Usc Chart, Section 1320.05, f()r thc I-Flcx District. Section 1320 District Provisions Page] 8 of32 C. Wholesaling and warehousing if such use is wholly contained within a building and occupics not more than fifty (50) percent of the gross floor area of the building in which it is located. D. Wholesaling, warchousing and related accessory uscs which were in existence . in April 1991 issued a Conditional Use Permit, which will allow such uscs to continue on the sitc, or within any existing or expanded facilities or improvements thercon, provided that the ratios of conditional uses to the gross floor area of thc building do not exceed the ratios existing as of thc date hereof. The Conditional Use Permit shaH definc the scope and ratios of existing uses and may be amendcd in compliance with the procedural requirements of Scction 1355.04 Subd 3 relative to Conditional Use Pernlits. E. Manufacturing or processing that generates hazardous waste with a valid hazardous waste gcnerators Iicensc from the Ramsey County Puhlic Hcalth Department or other licensing agencies having jurisdiction. Subd.4 Prohibitcd Uscs. Some land uses are not compatible with the stat cd purposc of this district and will not be allowed. Thc following uses are prohibited: A. Residcntial uses, cxcept thosc required for safety and security reasons in relation to the principal use. R Open sales, rcntal or storage uses or lots. C. Vehicular sales, lease, rental or repair. . D. Truck terminals, frcight tcrminals and freight forwarding scrviccs. E. Bulk storage buildings, yards and tenninals, including but not limited to forest, metal, concretc, agricultural and petroleum products; chemicals and similar products. F. Manufacturing or processing that generates hazardous waste without a valid hazardous waste generator license from thc Ramsey County Public Health Departmcnt or other licensing agencies having jurisdiction. Subd. 5 District Requirements: (The district requirements in Scction 1320.06 for the I-Flex District will apply). To further accomplish the stated purpose ofthc I-Flex District, developers are encouraged to plan their sites in the spirit of the purpose and intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Sitc Plan Review, the applicant shall identify modifications to the standard zoning requiremcnts othcrwise applicable to the sitc and the reasons why the modifications would be in the public intcrest and would bc consistent with thc purpose of the district. Subd.6 Building Exteriors, Site Fcatures and Site Development. Accomplishing the stated purposc ofthc I-Flex District requircs particular concern for the design of buildings, . sitc featurcs (such as landscaping, lighting, and signagc) and site design. The arrangement, geometry, massing, materials and colors shan be responsive to existing huildings, site Section] 320 - District Provisions Page 1901'32 features and sitc design on adjoining sites in the district. The City Council will make the final detern1ination on the compatihility and consistcncy with this provision. . 1320.13 Special Requirements for the Gatcway Business (GB) District. Subd. 1 Proccdure. The application and thc administrative and review procedurc established in Section 1355.04 Subd 3, Conditional Use Pcrmits, and Appendix A, Procedural Manual, shall be followed for all development that involvcs new building construction, modification of a building's exterior. or modification of the site. This provision is subject to any modifications or additions set f()rth in this Section. Thc prcscribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialo!:,'11e betwecn the applicant and the City. Subd.2 Dcfinitions ofTenns Used Hcrein. A. Gateway Business (GB) District. A district cstablished specifically to provide a flexible framework f()r the dcvelopment of the arca of the city generally located in the northcast quadrant of the interchange at 1-694 and 1-35W. 13. Mixed Use Projcct. A segment of the GB District that is controlled by a single developer entity, containing more than one type of use, and planncd as a single developmcnt but may be developed in more than a single stagc. C. Single Use Project. A se!:,'111ent ofthc GB District that is controlled by a single . developer entity and containing a single type of usc, planned as a single developmcnt and encompassing one or morc parcels but may he developed in morc than a single stage. Subd.3 Allowable Uses. Dcvelopmcnt within the CiB District will include uses that arc specificd on the Land Use Chart. Section 1320.05, and shall comply with the f(lllowing development criteria: A. Ollicc uses occupying not less than twenty-five (25) perccnt nor more than fifty (50) pcrcent of a project's total floor arca. B. Thc mix, relationship and intensity of uses and buildings will he compatihle and complementary both internally and with adjaccnt uses. C Retail or service businesses offering goods. merchandise or personal scrvices l()r sale primarily to those employed in the GR District will be allowcd to occupy no more than fifteen (15) pcrcent of thc total floor area of the huilding in which they are located. Scrvice stations with retail services and with a car wash shall be exempt from this restriction. D. Multi-family residential use is limited to that arca adjoining thc public arca surrounding Round Lake and shall not exceed fi fteen ( 15) pcrccnt 0 l' thc total land area in the GB District cxclusivc of Parcels 2, 3,4 and 5 as idcntified in thc . NE 1-694/1-35W Plan. Dcnsities shall not excecd those allowed in an R-4 Residential District. Section 1320 - District Pw\'isiollS Page 20 of 32 E. Liccnsed day care facilities will be allowed eithcr in a building containing othcr uscs or in a freestanding building. Freestanding day care facilities are not required to mcct minimum floor arca or minimum lot area requiremcnts othcrwise rcquired in the GB District. . F. The use is in the best interest ofthe City and the GB District. The applicant shall dcmonstratc to the satisfaction of the City that the proposcd uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as exprcssed in the GB District purpose and the above criteria for allowable uses. Subd.4 Uscs Allowcd by Conditional Use Permit. Service stations with rctail salcs and services and with a car wash are allowed hy Conditional Use Permit. Such uses shall offcr retail, gasoline, and car wash services and shall not contain vehicle rcpair bays or offer vehicle repair services~ minor rcpairs; incidental body and fender work; minor painting and upholstering; replacement parts and motor serviccs to passcnger automobilcs and trucks not exceeding one and onc-half tons capacity~ major general repair; rebuilding and reconditioning of cngines, motor vehiclcs or trailers collision servicc, including body, frame, or fender straightening or repair~ or overall painting or paint joh. Subd.5 Prohibited Uscs. Somc land uses arc not compatible with the stated purpose of the GB District. Thc f()lIowing uses arc therefore prohibitcd: A. Single-family or two family rcsidcnces B. Opcn sales, rental or storage lots, including but not limited to cars, buses, . trucks, motorcyclcs, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building matcrials, landscape matcrials, and similar items. C. Vehicular salcs, leasc rental or repair, including but not limited to the items listcd in (b) above. D. Truck tenninals, freight tcrminals and frcight tOf\varding services. E. Building supply stores and yards. r Outsidc storagc. ., G. Warehousing and wholesaling exceeding seventy-five (75) percent ofthc building in which it is locatcd. H. Mini-storage facilities. /. Bulk storage buildings, yards and tenninals, including hut not limited to, forcst, mctal, concrete, agricultural and petroleum products, chemicals and similar products. . J. Manufacturing that rcquires outdoor storage of bulk, raw or finished matcrials used in or resulting from the manufacturing process. Section 1320 - District Provisions Page 2) of32 K. Manuf~lcturing or processing that generates hazardous waste without a valid Hazardous Waste Gcnerator's license from thc Ramsey County Public Health . Department. - L. Uses that thc City may detcnnine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd.6 Development Standards. A. Minimum project and lot size. I. Except as othcrwise speci fically set forth in this Scction, a mixed-use project within a GB District shall contain a minimum of twenty (20) acres. The proposed land uses in such a project and their mix, intensity and relationship may require varying lot sizes within said project, nonc of which lots shall be less than five (5) acrcs in size exccpt as otherwise pennitted hercin. ') Lots ofless than five (5) acrcs within a mixed use project may be permitted only when the applicant has dcmonstrated satisfactorily that: a. The lot will be the site of a use that will be compatiblc with and will complement and enhance existing and planned businesses. . b. The primary business of the proposed complementary use will serve business activities within the GB District. 3. Single usc projects, excluding service stations with retail sa\cs and services and with a car wash, shall contain a minimum area of ten (10) acres. 4. Intcrior lot lines within a mixed or single use project may be located to allow individual ownership of specific buildings. To allow maximum development creativity and flexibility, rcgulations such as side and rear yard building and parking setbacks, F .A.R., number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines. Howcver, the re,b'1Jlations for these samc items must be met fIX the total mixed use or single use project area and cxterior project lot lincs. a. Minimum Building Size. To accomplish a scale of development consistent with the defincd purpose of the GB District, thc minimum ground floor arca of a building other than residential uses, and for service stations with retail sales and services and with a car wash, shall he twenty thousand (20,000) squarc feet, except as otherwise regulated hcrein. . b. Maximum Floor Area Ratios (F.A.R.). The total F.A.R. of a Mixed- Use projcct shall not excecd 0.5. In order to achieve the open space Section 1320 -- District Provisions Page 22 of 32 objcctives of the GB District, mixed use projects shall conform with the following relationships, F.A.R., building height, and landscape lot arca. - . Minimum Maximum Minimum Building Height Project Landscape In Stories F.A.R. Lot Area --------..------.--..--- -.....-.. -.--"---."--.-------..- 3 0.5 35% 2 0.4 35% I 0.3 35% Proj. F.A.R. = F.A. Bldg. I + F.A. Bldg. Bldg. 2 + ...F.A. Bldg. n A Wherc: F .A. = Total Floor Area in Square Feet n = Total Number of Buildings A = Project Area in Square Feet B. Building Height and Setback. To accomplish the intensity and scale of development consistcnt with the defined purpose of the GB District, multi-story buildings will be cncouragcd. \. Building height will be regulated only as it affects the safety of occupants, compatibility with other uses and buildings, and othcr City and District rcquirements. 2. The usc of stepped building heights is encouraged to providc visual . transition. This applies to both multi-building complexes and singlc buildings. 3. The location of buildings relativc to thcir heights will consider views and relationship from within the GB District and from public and private areas off the site. 4. Minimum building setback requiremcnts are fifty (50) feet from all streets and exterior project propcrty lincs and twcnty (20) from all interior property lines, except that interior lot linc setback requirements may be modified by the city in the projcct revicw process if specific conditions of the project plan justify modifIcation. C. Landscaping. Appropriate and unified landscaping is essential to efTectively mcet the defined purpose of the GB District. 1. A landscape plan shall be submitted as rcquired in Appendix A, Procedure Manual. 2. Special landscape enhanccmcnt of views from 1-694 and I-J5W will be rcquired. . Section] 320 ... District Provisions Page 23 of 32 D. Building Exteriors. The appearance of buildings is thc most important component in land dcvelopment. Accomplishing the stated purpose of the (iB District rcquires particular concern for building design. . I. The arrangement. geometry and massing of individual huildings shall bc rcsponsive to thc arrangcment, geometry and massing of the whole of the GB District. 2. Exterior building trcatmcnt (wall surf~lces) shall be ofhrick. stone, glass or any combination thereof: cxcept trim and accessories may he metal. 3. Materials and colors selected t()r any individual building shall be compatible with other buildings in the GB District. 4. All service entrance areas, mechanical equipment and trash handling devices shall be screen cd ti-om adjacent building and ofT-site visibility. 5. A "campus" plan arrangement is hcreby encouraged and a "signature" building is considered desirable. E. Parking. Parking requirements contain cd in Section 1325.06 shall apply. Howcver, these requircments may be adjusted hy the City in the project revicw process if the changes will morc clTcctivcly accomplish the stated purpose or the GB District. . Surfacc parking shall maintllin a fifty (50) f()ot landscape scthack fi'om all puhlic streets and a twenty (20) t<.)()t landscaped area fi'om exterior project property lines, cxcept for access drives that may cross the sethack area. Since the intent of this parking sethack is to provide visual separation fl:>r large scale dcvelopments service stations with retail sales and services and with a car wash shall he exempt ti-o this particular requirement and instead shall he required to meet the general parking setback requirements (a twcnty (20) foot parking scthack from any public street or right-of-way and a five (5) f()ot parking setback from any side or rear property lines) as stated in Section 1325J)6. F. Tratlic Impact Study. The City has dctennined that the traffic capacity of the interchange at 1-35W and State lJighway 96 will impose limitations on tratlic generated within the GB District. In order to maintain the functional capacity of the arca road system, both intcrnal and external trat1ic and parking plans and traffic generation studies prepared by registered traffic engincers will be required f()r aU project within the GB District. G. Signs. Signs will he rC!:,'1Jlated by the Arden Hills Sign Code subject to any modifications or additions contained herein. To promote the purpose ofthc GB District: I. A sign plan shall be submitted in connection with the site plan or PUD Master Plan that shows the location, type, size and design of the individual . SIgns. Section) 320 District Provisions Page 24 of 32 2. Deviation from the standard regulations shall be allowed only aftcr the applicant demonstratcs, and the City concurs, that the dcviation is essential to furthcr the purpose of the GB District 3. Any billboard located in the GB District may be expanded, altered, . relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a nct rcduction in the number of billboards or in the aggrcgate sign face area of the biJlboards, located within the GB District. B. Lighting. Exterior lighting shaJl be provided f()r the safety and convenience of occupants and visitors. 1. The source of illumination shall be hoodcd, concealed or controlled in a manner so as not to be visible from adjoining lots, strccts or highways or residential areas east and south of Round Lake. 2. Accent lighting ofbuildings and sites may be permitted by the City. 3. A lighting plan shall be submitted that shows location, type of illumination and design. \. Pedestrian Circulation. All development within the District shaJl install pedestrian improvements in accordance with thc NE 1-694/l-35W Plan approvcd by the City. Other pedestrian sidcwalks and trails may be requircd hy the City. . J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for cach project in the GB District. The plan must be approved by the Rice Creek Watershed District, othcr agcncies as rcquired and by the City Engincer. \. On-site ponding is encouraged as a visual and functional amcnity. 2. Two or more projects may coordinate their water management plans f()r their mutual benefit. K. Utility Lincs. Provision for underground utility lines shall be required in all developmcnt within the GB District. 1320.14 Planned Unit Developmcnt (PUD) Overlay District. Subd. I General Purpose. The Planned Unit Dcvelopment (PUD) District promotes the developmcnt ofland in a unified manner by treating the entire development as a single cntity and relaxing the strict application of standard zoning and subdivision requiremcnts. PUD's may be aJlowed in any district but are required for multiple family dwellings in the R-3 and R-4 Districts. Subd. 2 Applicability. The PUD District is an overlay zoning technique, whercby the . basic underlying zoning district establishes the basic alJowahle uses and the general standards for developmcnt and the approved PUD plan establishes the specific re!:,'1llations for Section 1320- District Pnwisions Page 25 of32 development and shall govern and take prccedcnce over the underlying Zoning District regulations. If a zoning change is rcquired to accommodate the uses or general intensity of dcvelopmcnt in the PUD, an application for a Zoning District change shall be madc . concurrently with thc PUD application and, if approved, the Zoning Map shall bc changed both as to thc underlying zoning district and dcsignation as a PUD district. Subd.3 General Procedure. A. Applicant mects with City Staffto clarify and determine PUD requircments and discuss applicant's proposal. 13. (Optional) Applicant dcsiring review of a PUD has the option of first applying for Concept Plan Review and then procceding to obtain Master Plan and Final Plan approval. C. Applicant submits pun Master Plan to City. D. Planning Commission conducts public hearing(s) on PUD Master Plan and recommends action to the City Council. E. City Council conducts additional hearings (optional), and takes action on the Master Plan. F. If approved, City StafT adds the PUD District and changes the underlying zoning, ifrequired, to the Zoning Map. The pun Mastcr Plan, as approved, . including all applicable documents, is adopted as the ordinance governing deveJopmcnt of the PUD property. G. Applicant submits Final pun Plan for elements that are to be developed imminently. A Final PUD Plan will bc submitted for each stage of devel opment/ constructi on. H. Planning Commission revicws Final PUD Plan and rccommends action to the City Council. l. City Council reviews and takes action on the Final PUD Plan. J. Applicant applies f()r building penl1its. Subd.4 PUD Conccpt Plan Review (Optional). A. Procedurc. An applicant considcring a PUD may first apply t()r Concept Plan Review thercof and then procced to obtain Master Plan and Final Plan approval B. Purpose. Concept Plan Review is an informal discussion process that allows the applicant to present preliminary ideas about a contemplated dcvelopment project to the city, and in turn thc city may offer suggestions and concerns . regarding the development concept. C. Application, Documentation and Administrative Procedure. The applicant f()r Concept Plan Review of a PUD shall complete and submit to the zoning Section) 320 - District Provisions Page 26 of 32 administrator an application on such forms as are providcd by thc administrator, together with the rcquired fee and six (6) copies of information nceded to convcy the Concept Plan Review ideas to the city. n. City Proccdure. Thc City will prcparc a summary ofthc proposed Concept Plan . in ternlS of City plans and regulations and transmit this information and the information submittcd by the applicant to the Planning Commission and City Council to assist their revicw of the proposal. Nothing hcrein contained shall be deemed to forbid or discouragc informal consultations between the applicant and the City Planner prior to the filing of an application for Concept Plan Review, provided no statement or representation madc by said planner shall be binding upon thc City of Arden Hills. E. Procedurc f()r City Revicw. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will be transmittcd to the City Council, which may offer additional commcnts. No public hcaring will be held at this stage so the city cannot take action. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequcnt stages. Subd.5 pun Master Plan. A. Procedure. As thc first stcp in the pun approval process, an applicant must first apply for Master Plan approval and then proceed to obtain final Plan approval, or may apply for both the Master Plan and final Plan concurrently. B. Application and Documentation. Thc applicant for Master Plan approval of a . pun shall complete and submit to the zoning administrator an application on such forms as are provided by the administrator, together with the required fee and six (6) copies of the documcntation as required in Section 1355 and Appendix A, Procedure Manual. C. Administrative Proccdurc. After submission of the application and documentation required, the City of Arden Hills shall follow thc administrative procedure f()r obtaining a pun pcrmit set forth in Section 1355.04 Subd 6. Nothing herein containcd shall bc deemed to f()rbid or discourage informal consultations bctween the applicant and the City Planner prior to the filing of an application for Master Plan approval, provided no statement or representation made by said planner shall be binding upon the City of Ardcn Hills. n. Procedure for Council Action. The procedure for Council action in Chapter 1355 shaH apply. E. Effect of pun Master Plan Approval. A PUD Mastcr Plan which has been given approval as submitted, or which has been given approval with conditions which have becn acccpted by the applicant, provided the applicant has not defaulted nor violated any of the conditions of the approval, shall not be modificd or rcvoked nor othcrwise impaircd by action of the City pending an . application fC)f final Plan approval, without the conscnt ofthc applicant, provided an application for Final Plan approval is submitted to the City in the manner hereinafter provided within six (6) months of the date on which Section] 320.. District Provisions Page 27 0[32 approval of the Master Plan was granted by the Council. This Final Plan Submission requirement within six (6) months shall be waived for campus-type developments for either institutions or husiness and industrial development. . The Council may, only upon written request by the applicant, extend this six- month period. In the event the applicant shall fail to file said application for Final Plan approval or request a time extension within said six (6) month period. upon the expiration of said period of time the approval of his Master Plan shall he decmed to have been revoked and nulli tied. F. Other Requircments Applicable to a PUD Master Plan Approval. In making its decision as to whcther to approve the applicant's PUD Master Plan the City Council shall be guided by the provisions of Section 1355.04 Subd 3.B. Council action on the PUD shall f()lIow the provision of Section 1355.05. G. Documentation for Larger Complex Areas. Additional documentation required for a Master Plan f()r larger complex areas (development tracts five (5) or morc acres in size or of such complexity that more detailed and complete plans arc warranted): 1. Land Use Componcnt. A land use component shall consist of a map or maps sctting f()rth the distribution, location and extent of the area of land devotcd to each category of land use existing and proposed as part of the Master Plan, including, but not limited to, the existing and proposed coveragc of area by buildings and streets. Said map or maps shall encompass not only that portion of the development tract located within . the City but also any portion thereof located in an adjacent municipality. Said component shall also contain a descriptive statement of objective, principles and standards used in its tlmnulations. 2. Traffic and Parking Component. A traffic and parking componcnt shall consist of a map or maps setting forth the general location and extent of all transportation and parking facilities, existing and proposed, as part of the MasterPlan of the cntirc development tract, including any portion thereof located in an adjaccnt municipality. In addition, it shall include, among other things, documentation, data or expcI1 testimony in sutlicient detail to show thc impact oftratlic expected to be generated by the proposcd development ovcr the course of its growth and expansion upon the currcnt and projccted traflic in sUHounding streets; to demonstrate the adequacy of parking facilities in light of existing and projected population of the development; and to show the adequacy of streets providing access to and from proposcd and existing parking f~lcilities. Said component shall also contain a descriptive statemcnt of objectives, principles and standards for its f()rmulation. 3. Population Component. A population component shall contain a descriptive statement of the standards of population dcnsity and building intensity for the various proposed land uses, including estimates for future population characteristics and change within the planned community . correlated with the other components of the Master Plan. The supporting data shall include, but not be limited to, dwclling (housing) units per acre for the various residential uses proposed; and square footage hy type for Section] 320 - District Provisions Page 28 of 32 thc various nonrcsidential facilitics, including sufficient data to calculate traffic gcneration, parking requirements, water consumption, sewage nceds and thc necessary capacity of related utilities and serviccs traditionally rendered by public and private organizations for a population . of such sizc as is projcctcd for thc completed, planned development. 4. Subdivision Design Componcnt. In the cvent thc development tract is to be subdividcd, the developer shall submit a subdivision design component; otherwise, such component shall not be rcquired. A subdivision shall contain a dcscriptive statcment of the principles governing the proposcd subdivision of land, including lot design for various proposed land uses. This component will include all of the documentation nccessary for preliminary plat approval as f()Und in the Subdivision Ordinance of the City of Ardcn Hills, unless waived by thc Planning Commission or CounciL This componcnt shall be in sutlicient detail so that it can serve as the basis for detennining the conformity of any site plan to the Master Plan. 5. Services and Facilitics Component. A services and facilities component shall contain map(s) setting forth the gencral location and extent of any and all cxisting and proposed systems for sewagc, domcstic water supply and distribution, refuse disposal, drainage, local utilities and rights-of- way, easements, facilities and appurtenanccs necessary theref()re. In addition, it shall includc a grading plan showing in suflicient dctail the amount and type of fill or excavation to be used to accomplish the grading of the development tract, or portion thereof, the contours of the areas to be . graded, and provisions made for storm watcr drainage so that the City can assess the impact of such grading upon the remainder of the development tract and the surrounding neighborhoods. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a dctailed statcment describing the proposed ownership, method of operation and maintenance of each such service and facility. 6. Construction Ordcr Component. A construction order component shall contain a map or maps setting f()rth the proposed chronological ordcr of construction relating each proposed use and structurc to the construction of the various services and facilities as may be required herein. Said component shall includc cstimatcd completion datcs and shall specify the proposed order of request for utility release or authority to occupy completed structures so as to provide a basis for dctennining the adequacy of the related serviccs and facilities for each separate construction phase. 7. Additional Components. The Master Plan may includc as additional components, a recreation component; a public building component, providing for consideration of administrative and public safety quarters; and such other components indicated by the nature of the particular proposed development. . 8. Contractual Component. This component shall contain any and all proposals for homeowners' agreements, covenants and restrictions Section) 320 - District Provisions Page 29 of32 proposed for the developmcnt and/or management proposals and plans for the dcvelopment, and any other agreemcnts or contracts aflecting the owncr or owners of individual units or of the entire project proposed under . the Master Plan procedurc. H. Final Plat. Unless thc requirement for a final plat has specifically been waived by the City Councilor was approved as part ofthc PUD Master Plan in its issuance of the PUD pcrmit, the pcnnittce of such PUD permit shall, not later than six (6) months after the date of the Council's approval of his Master Plan and granting of such pcrmit, procced to seek the City J. Council's approval of the final plat of the development tract or a portion thcreof by following the procedure and providing the documentation required for final plat approval in the City's Subdivision Ordinance. In the evcnt the permittee fails to commcnce such procecding to obtain final plat approval within said six (6) month period, the final plat and PUD permit, shall be considered void, nullified and revoked unless an cxtension is requested in writing by the permittec and for good causc granted by the City Council. Upon approval by the City Council, the final plat shall contain on its face a cross-rcference to the previously approved pun permit. Subd.6 final Plan. A. Application, Documentation and Administrative Procedure. Within six (6) months after obtaining Master Plan approval, or within such cxtended period of . time as the Council has agreed to, the applicant f()r Final Plan approval of a PUD or spccific portions of thc PUD shall complctc and submit to the zoning administrator an application on such forms as are providcd by the administrator, togcther with the required fec and six (6) copies of the documentation rcquired in Appcndix A, Procedure Manual. In addition to this documentation, a written statement that the Final Plan is in conformity with thc Master Plan as approvcd by the Council, or if it is not in confornlity with the Master Plan as approved by the Council, he shall specify in said written statement all the deviations from the approved Master Plan. Thc administrative procedure that the City shall use in processing such application shall be that procedurc set forth in the Site Plan Review Scction of Appendix A , Procedure Manual, and Section 1355.04 Subd 5 of this Code. R Development Agrcement and Bonding to Assure Performance and Conf(mnancc to Final Plan. To assure that all improvements to be constructed as part of the approved Final Plan are completed in accordancc with the terms and conditions of such plan, or each phase thereof as outlined in the construction order component, the City Council, at the time of its approval of said Final Plan or any final plat required thereby, whichever is later, may require the permittee to cnter into and file with the administrator a developmcnt agreemcnt with the City and a corporate surcty bond guarantecing the faithful perfonnance ofthc permittee's obligations under said development agreement, . and in completion of all improvcments provided for in said Final Plan in a penal sum equal to one hundrcd twenty-five (I 25) pcrccnt of the cost of such improvements as estimated hy the City Engineer, which agreement and bond shall be filed with the administrator no later than thirty (30) days after such Section J 320 - District Provisions Page 30 of 32 requirement has becn made by thc City Council. In the event the permittee has failed to entcr into said agreement and to filc the same along with said bond with the administrator by the expiration of said thirty-day period, the PU D Permit, Final Plat (if any) and approved Final Plan shall be deem cd void, . nullificd and revoked unless an extension is rcquested in writing by the permittce and for good cause granted by the City Council. The development agrcemcnt may provide for several bonds covering scparate aspects of the PUD, the aggregatc of which shall total one hundrcd twcnty- five (125) percent of all the improvements to be constructed and completed by the permittee pursuant to the approved Final Plan, in which casc cach said bond required by such development agreement shall be filed along therewith within the pcriod above- stated. It may also require b'1larantee bonds in the penal sum of one hundred (100) percent of the cost of completed improvements, as estimated by the City Engincer to guarantee such improvcments f()r whatever lengths of time arc specified therein. The releasc of any bond or any portion thereof shall either be govcrned by the terms and provisions of such development agreement or shall be based upon the recommendation of the City Engineer or City Planncr and approval thereofby the City Council. C. Open Space Easemcnts and Covenants. To assure thc City of the continucd maintenance of any open space, recreational areas, common areas and the like which are proposed to bc owned and maintained by a homeowners' association to be formed by the permittee [and that said areas] will not be devotcd to purposes other than those for which they were originally intended, the City Council may require at the time of its approval of the Final Plan or its approval of any final plat required thereby, whichever is later, that the permittee execute . and grant to the city open space casements and covenants, approved by the City Council at the time such requirement is made, which shall be filed by the permittee within thirty (30) days after the City Council has made such requirements. In the event the pcrmittce has failed to execute said open space casements and covenants and to file the same with the administrator by the expiration of said thirty-day period, the PUD Permit, Final Plat, if any and Final Plan shall be deemed to be void, nullified and revoked unless an extension has been required in writing by the permittee and for good cause granted by the City Council. . Section 1320 -- District Provisions Page 3] of32 ---.. Set'tion .1325 - General Regulations . 1325.01 Accessory Structures. ~.I!l2.cLl..__ Time of Construction. No accessory structure shall be constructed on any Jot prior to the time of construction of the principal structure to which it is accessory. Subd. 2 Height. ..-. .----- .-- -.--.. . I Deleted: No accessory srruclure shall '\'" n_R=.L.J{~ 2, . a[lQ..R.:l.l)i~trj<;J~~. ^<;.<;~~.sq!}'-,-'!m<;ly[r,-:;j!!J.b~_R.:L.R.:2,aI)9.R~} I \~xt:eed UIC height of the prill opal , strut~ture to which II is accessory. Vistri.c:ts~hall.!!.p_t~.xq~~Q. fiftcenf~~jn heighLPLth~J)eighLQf the:. princiQ.~l .. ----- structurUQ..~bichiLi~ acc~~~!!n',...lvhicb<;Yc:r is Imver, B,_ . AIIQ1!!f.r...J2j~Jric:ts-,----^cee~sorv stfl!ctUfI;":SJI! aJlQlher 7QningJ)istriC:!~nshaU n<!L~_xc:~e.<t Jh~. !:I..c:ight of tb~J!.rj!!c:ipa!. stmc:J.I,!rc:.. !Q~.hich.itj~ ;jCCC:~~O.ry, Suhd,.l_ Location. ^cces~my struc:tll!:~;;..i[l.J!W R~.tJi:2,O.Lg-JQjstricl~~h;jIJ}lot bt: Iocatcdl)~i!rer tl1t:..irOl!.!.JQtlinC:Jh!:lD tl1.eJmnL"y';jrd st:tbi!ckJi.!lcJQftheplill.c:iVi!! .~l1!ct..us~ to jy..b.i.c:!!"'jL~'5._a_c:ces.sO!}',_..c.\sces~Qry strul,;tu!:.~~._a.s p~ml.i!tc::9. aIl9 .fC:@.!;jteclin thi~C:ode ...-....-...--.. -. ..... ..-.-.....-.. IIl,Jy..hu~atc:<:I.within lhC:..F~!!:...YE[d of thf.prim:ipal slrucn~r.c:.i.!!Jhc: R~_L;lIld J~~2 J)!:>!ricts. Deleted: No 3l.XCssory struclures in fill" R-I or R-2 DistrlL'IS shall be locafcd nearer Ihe fwut 101 lint' than lh\.' fronl SY\).~L.1.__..<'; ize. , yard setback line 1l\r the principal A '.._nR~ L ]~ ~2,'!I.!<:IJs~3_l)j.~trj~J.:>, stOle-lull.:' to which it is accessory. Accessory shllctures as penn lIIed and rC!!uhlkd in this ordmance lIIa~. be I. m ^C~~1>.~9.!y.structllres.:~h~LL!!Qt exccl~d. Se\'~Jl..llImd[C(1 ~\Jl.ciJ~Y~!lt.Y:.~ght localed wllhin the rear yard of the principal structure. (}2~1~g!l~.r~.f~<::LintJppr arq~i!!l~t ---. ... .-.--..-.. ...-...-... ---.-.- --..... --..- Deleted: <#>Slte Plan Re....lew Requircll. ReJorc installallon llf an~ 2.~ The Jota) fl09r._~fea of '!~"<&S.~9_rv stru~nlres._l9CE.~<:I_.i.1LJI!e rCj!L9L<i accessory structure in any dlstr j<:L ex.l'\"pl the R-I and R-2 Districls, an (IJlthr(lu~h . princim!.L~tfl!~wrc-,~Jot:!J JloQf_ are:.LQ[ '!lL<;U<:I1.i!<::ces~Q[Y ~t!:.l!c:tl,lf~5 lots in the R-I ami R-2 Disrric-ts, a Sift:" sh~!!L.Dot ex c<;ed t':o.'!~utY~.fi vU2~}Q~s<:e)!.Lm.th~!:.Il.ini.!!!Y!ll.I.f..qui.r~d rear f)laJJ Review and council approval sh,lJI be...."uired.11 Y'!nLar:<::aJ<)oh~ pri f!<;iI1~II~!ructu.r:e ;~n(!, ~ Deleted: In R.I and R.2 DisrricIS. no 3,~NQ!!lor~Jhan .,tWO (2.li!<::~e.~.!i.ory SlTl!<;Jures~hall J>~permittedQ!!Jl )Q.!., aC<:t::ssory slru,,:ture shall exce-ed s('\'c..'n hundred twenty eight (728) squ;uc feel III floor are-a and for accessory structures It ... . .AU...J2i~~ricts-,--.8.cc.f~sory~tm<::.!ur~~ in all.~Qningdist[kt~~lE!!l..DQt ca.use.Jh~ located in the rear (If a principle slru(lun'. pr()p~nYJ!L ex c:ce~I...!1!.lY. ()f tllc:r<;gyl'!tiQI!:> .()Uh~Jm<:l~!:Jyj.llgZQI!j.!lgJ)istrict the lotal floor area of all such an:eSS()1} structures-shall nol exceed Iwcnty,fi\"(" ill Se~ti()Il.J.12.Q, (25) percent of the minimum required [l"ar yard area forthc principal srruclurt:"_ but thL"f(" shall he no more- Ihan two f 2.1 Slll1<i. 5. .l!~!I!!i!!.leu! . A C..C:~~~Q.fYStfljl,;tYlt:?, acccs~ory structures on .a Jot A._...SjtU?l;,1J}.B.~vi<;>>.:c.l)erm~nent a<;cessory .Hfljc!J1ses i.!L'lnY.di.iliict,-sxC:W...LfQ[ lll<;.R- ], R~l.L1!!l.d..R~J.t.Q!!.ing Di~JIi.fJ~,.i!nd.Qn thrQug.lJ.lotsj[l_theR:.LR~2., an<J_B.-3 7,Q!ling ])istriI,;,L5h;IJJI?<;....;;!!biecUQ. Site Yl;!n Reyit:~_;j!.ld.C().U!lCil i!PQ[()vaL , -.. ...------- ------ ._--- S,'ction 1325.- General Regulations Page I of 33 . 'U 1~,..__ExI~riQr:_Ei.fli!ih.__...Ihe . _j::.,,_ts.ti9r fi ni~l!._Qf.~~.e~~QfY .~t..r:l!!;tlJ[~~. .sh1!!LJ?t; cOflm.mihJj:: ill <!I1~l!.@n!;c:;...1!nd_mal~ri_al used with the I1rirJ.~jp;lI structu~ . ~~.r:yr;.d.bYJhe afce~~Qrv stru..!;tur~_<;x.<;~.ill'. proviQ~d for in Chapter 1)25.01 \\!h<i2,c' of thi~I;QcI~. c. ... Mt;mhralle Strul;tl,!~~.,---fyl~.ll1brane StJ1lfWf~~_filli.JD~t..t..<;rm isd_~.f.ine"Lin...tht:: .I!!t~.m.<.!ti (>nal Bui.)(JiI)Lc..Q~_~l_m'.lY...!:1~_p~I:IDi!J~itj!L!h<;..{3...:: J,. .~~2,JU,.J~-4.~~.~ !1.J~.Lk2, an<lJ-n~x Distri_~"''Lsubie~JJQ....Site PJE1!_Rc::yiew_<!mLC!JY CQ1Jni::i1 ap..Qfov'.lJ. ~1JQ.c1,(J._. . Tc.l:!illorary Acct:.~!iol)! .Strl!~!!J.I~S, A teI!lPQrary1!.c:;.f(;ssQ!Y~tructU!~-,-i.r:1.<;lydjng !D.~ml)ra.l:!~. struC.t\!L~l (<i~.t..D<.l!J~r:m js defi~l:Iin..lb~lmematiQn.aIBui Iging .cc).<l~)'.m~Y.Q~ pc.m1jttec:j supje<;.t to tlle.JQI19..lviflgprovisiQl)s: ^ ,_._1 en.lp.(n,lry. .a_<;c.<;s~Q!:Y_~t!1l~.1!!fg;.m<!y'.I)_r;.jI)QI~c~ JQr: lJP.JQ_~i~LQtmQmh~..in th<.?_-'3-1, B:L B~3,J3-4,J~I..B.......G~.,-1:CL]~.I.,U_L~fld ]~Ilt:::l( . Qi~!nt::.t~.':0Jh .a.n ~ppr.9'y'~Q peI:IDiV!:QITIJ_he BuiJcliIJK. Oftic..i.al.Tbe. BuildingJ)J]ici<iLm.ilY dc.m:_,!.pt::.I.IJll.Jpr.!!g;mQQ!<!TY. acq~,-;sQI)!. stru<;.WIc:;._Qf..JirnitJb~_ siz~, time. ruace, or...(~her f"<;aturt;.(s) of !b~_!!<;f.es~O!)'.Ji!fUc::mf~ if lheJ~lJiJding.Qffic.!'!! JilJl;I.s ...th'!uh~__a<;.c.~!$.~_QI}!__~lm<;.t!,lI~.WQI,!.w._i::reat~...<! .Ilt::g<.!.tiy~ ...imp.Cl~LQ!LJh.~ PfPpr[ly ~~I)_ whi<;Jl..i!..lli.p!<iS~Q orQt.ht:.Lm:QP.<;.nie::~ .i!l.thr;.(::ity, lL._.Tt:I1]p'QrMY.acc.j::.~SOry structurcs ;ire allowr;.dI9r l!12JQJwo (2j_J;illy~in~Y.r!! Ihil1Y_L?J.lJ d<iyp..r.riqq ~jthouta pemlit ilJ.lh<;...&..L.1.~~2.,J{-3LR-4,..B-]. 1J:f, B: 3,. B-~ ,.Nft.. GB,_C(:: LJ-ILb2,!IJll;I_J~.fJ.e~Qis.tficts sll1?jectJQ.C!JJ _Q fJD<; fqJ !~)\yjngp.m.y'i~iqns: I. Tb<:J~!!lpOr<.i!y"-,,<;jfll<;.t!!f~.~.~h<iU J!9L l?e:: Pe::l]ll<.iIl<;lltJy ..<.iJtadJ.s:dJ.9...th<: groLJ.!!d~ L._ J'hl,;,_Jmm.()El'Y.str!lctur~. sh!l.1L!!9t J:le.attacD<;.!LlQ C>th~L.p~rmill1ent . stf!l.~llJr~s, 1, _ .rhl,;,J~1!}PQI'.lIY _structure:: . sha)Jqn!Y._l?~_.!l_s.~(Lfor . non-commercial ill!fpo~~s. ~ubd.7 ._.A~<;csgmt Structures in E]{<;~p!.ionahl)(t UnuSJIal (irclJll1s.t<.tnccs.il)<ill ZQI1!n,g J2i.S.tOf!L. J2~yj;HjQI)S fronL these fequirel1l<::nt~__m<.tY_P.~~illlj!1~d. after PI annllg r9!DIl.lj~i~l.fIIey'!<::Y{ and.CiJyC!.)Unfil.<I.PPI9Y!!!...9L<'!"'<;itt;pl;mj!l,!cq~gl<ll1.ce with Section J 355 '()4S.ubd.. 5.and_wi tJuloc!lm<;m!!tiQo..showing the unusual..!;.iH~!lJ)1..!i.!;lIlc..~.im;liJying !h~.. pn:>pqsCl:l _Qryi:,l.tioIL<.tlJl:I . pJ<.iI1.s.fQl.:_Jh~_pr()p.()s~d. .accrs~g!Y...~tJ1l<;!!,Ir~~.__.JJ.!1_Q~!:.'!)Q ',:.ir<:!!!lls.t!!lJi::es.shaHlh<;Jot.<.tJ flOOL1!rea of l!.fl<l~CessQry.~Jructure in the R-I. R-2, aod_R:3 dj str1.<;L'iSx <;\:<;.Q. one. tl.illl\S!!!lcLfQIJr.hlJ!ldred <Ind fiftY-ejgbtO..di&.hm!!!r:~. fect without ;m a pproYe::d .Y.'!D.an<;e::.!.tJ.<.Il n!<;.<::1~Jhe r~qllir<;m<;!.H~.Qf S~~jQ!1.13 5~. 04 S\l.h<! A- . --.- ... Section 1325 - Gcnerdl Regulations Page 2 of33 . 1325.02 Accessory Uses. . Subd. ] Accessory Retail Sales. Processing, and Storage. Accessory retail sales shall be pemlitted in industria) districts. and accessOlY processing, assembly. rL-pair. and storage of materials shall be pcrmitted in business districts when sueh uses are direetly associatcd with the principal use, and when sllch accessory lIses are clearly incidental. Subd.2 Day Care Facilities for Houses of Worship and Sehoo)s. Day care facilities for ovcr ten (10) persons shall be considered as accessory uscs for houses of worship and schools within all rcsidential districts ifIocatcd in the principal building. Subd.3 Home Occupations. Home occupations arc allowcd as either aceessory uses or conditional uses depending on the characteristics of the operation. A. All home occupations shall comply with thc following conditions: I. It shall not result in tratlic. parking, noise. light. Ii.Jl11es and odors to sueh an extent that it is noticeable that the property is being used for non-residential purposes. 2. It shall be conducted entirely within thc dwelling. 3. There is no ex tcrior evidence of the home occupation. 4. It do~'s not require any special entrances to the dwelling. B. Class I Accessory I-IOI11C Occupations. J. HOl11e Occupations will be pennitted as accessory uses if they meet the . conditions stipulated in the home occupation definition and following conditions: a. The business is engagcd only by the occupants of the premises; b. The business activity does nol occupy more than twenty-five (25) percent of the gross floor area of the dwelling: c. There will be no patrons visiting the prcmises: d. 11 requires no delivery of products other than those delivered by private passenger vehicle. ") Applicants tl)r Class I Accessory] !OI1lC Occupations shall be rcquired to obtain an Accessory Hornc Occupation Permit from the City prior to engaging the activity. Rcview by the Planning Commission and City Sl'\;lion 1325 (iL'neral Rq:~ulalions Pa!!l" .~ "I" 33 . Council is not required. Application fomls as prescribed by the Administrator shall be accompanied by the following infonnation: . a. A photograph of the residence; b. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to bc used for the home occupation; c. A statement describing the home occupation and the compliance with the requircd conditions; and, d. A copy of the state or county license or permit if such a license or pennit is required by the state or county for the proposed home occupation. C. Class II Conditional Accessory Home Oecupations. I. Home occupations may be allowed by Conditional Use Permit as regulated in Section) 355.04 Subd 3 if they meet the conditions stipulated above for all Home Occupations and the following conditions: a. The primary business activity shall be conducted by an occupanl of the residence; b. One person not residing in the residence may be emp)oyed to assist in the business activity; c. It does not occupy more than thirty-three (33) percent of the noor . area of the dwelling: d. II has a limited number of patrons visiting the premises; c. OfT-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On- strcet parking shall not be used to satisfy required parking: and. f. It requires delivery of products to the premises no morc than once per day. 2. Applicants for Class 11 Conditional Accessory Home Occupations shall follow the procedures prescribed in the Conditional Use Permit section of Appendix A, Procedure Manual. The application shall be accompanied by the information required for Class I Home Occupations in Section ) 325.02 above and a site plan showing any SectillJl 1315. (il'Heral RegulatioJls Page 4 of 33 . additional parking or other modifications to the sitc required to accomrnodatl' the home occupation. A copy of auy required State or . ('ounty Iiccnse or permit as discussed in Class I Home Occupations shall he submittcd prior to the issuance of a Conditional lIse Pennit. however. evidence that the proposcd Homc Occupation meets all thc requircments for State or County licenscs or permits shall be submitted with the Conditional Use Permit application. , In revil'wing applicatiL'lls for Class II Conditional Accessory Use .' Permits for] lome Oecupations thc City shall consider criteria which affect the appropriateness of a pal1icular use in the location proposed. as discussed in Section I.l55.04 Suhd 3 and Appendix A, Procedural Manual. I.US.OJ I'.xccptions 10 The l'vlinimum Requircml'nts For All Districts. Subd. J Setbal:ks. A. J'ront Setbacks. Where existing principal buildings have a greater sethack than the minimum setback required herein, the front setback of a ncw principal stlllctun: shall not bc less than the prevailing setback in tl1(: immediatl.:' vicinity. The administrator shall detennine the necessary mll1l n 111m front sethack in such cases. .llowever, in no case shall a residl'ntia) bui)ding be required to set back more than sixty (60) feet. B Side and Rear Setbacks. Buildings may he exempted from side and rear setback requirements provided parly walls arc uscd and if the adjacent buildings art' eonstmcted as an integral unit. or if residential buildings arc to . he constructed utilizing the "zcro lot line" concept. Townhouse. shopping lTntcr. eluskr developments and components of institutional facilities arc examples of where this provision would apply. C. Through Lots. The administrator may dt'tcnnine that one of the front yards may be del'ml'd a rear yard and shall dekrmine appropriate rear yard setback rc-gulations. Factors to bc considered shall include topography. location of stmetures on thl' lot. location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot. D. Lakc-sl1l>rl' Setbacks. Minimum lakeshorl.:' sctbacks are established hy the Minnesota Department of Natura) Resources (MNDNR) for all development abulting lakes. No huilding shall bc located within the minimum lakeshore setbacks as set in Section) .BO.03. Subd. 2 Permitted Encroachments. Sel'linn 132).. General Regulations Page) of .~3 . A. Parts of the Principal Structure. Features which are part of a principal . structure. including but not limited to eaves. cantilevered areas. cornices, canopies, awnings. balconies, fire escapes and chimneys. may extend three (3) teet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. Decks. uncovered porches, ramps. and stcps may extend six (6) feet into the required front, side. and rear setbacks but m no case shall these encroachment~ be less lhan six (6) teet from any lot lint.>. Required steps per the ]nternational Codes shall be pt.>rmitted encroachments. B. Equipment Attached to the Ground or Other Structure. Recrt.>ationa) equipment, gym sds. picnic tables. patios. barbccue grills. and clotheslines which are mon: or less permancntly attached to thc ground or are attached to some other structure having a location on the ground may be located in side or rear yards provided these arc not less than two (2) feet Iro/11 any Jot line. I L .. - ____n ..___n____ C__J"mffic Visibility. On a corner lot. nothing shall be placed or allowed to I grow in such a manner as to impede vision bctween a height of a two and -..-..' . .': .....:..cco.o'.... ....... ':"==C~==-""J _ 0I_1.e..::).lal f (2-1/2) a~~!~.~JIO) fecti1J.J.h~..cJSfl~ .y'i!:,i.9p,aT~'I, ,_____ .\ Deleted:'1 i . ..... ."=--=--==:..-==-;;.;..,:;~=..:_:::_~.:::;::-=---~ , i Deleted: above lhe center line grades of D. Covered Porches for Single-Family Detached Dwellings. the intersecting ~lrl"l:ls within fineen (15) 1'("('1 of thr: intel"sl,.'cting strct"t righlS- ()r- way. ... n_ ......... ........__.__._.... I. For already developed lots on which a principal structure existed prior to May I. 2006. the Covered Porch shall not be closer to the front lot line and side yard corner as deternlined by the following provisions: a. The ('overed Porch shall be set back from the front 101 line and side yard comer at least the number of feet calculatt-d by the . following fClrmula: Currcnt principal structure setback in teet multiplied by .75 ~ Covered Porch setback from the front lot line and side yard comer in feet (For t'xamplc, if the principal stmcture is thirty-two (32) feet from the Iront lot line, then: 32 feet * .75 ..c 24 foot sctback from the front lot line and side yard corner for the Covered Porch. In this case, the Covered Porch may extend up 10 eight (R) fcet from the principal structure into the front setback) For this subsection. the principal struclure setback is defined as: The sethack Irom the front Jot linc to tht. Iront of the principal stmctun:\ not including overhangs. awnmgs. eaves. garages~ Section 1325 - Gelleral Regulations Pa!!c h of 33 . - stoops. sidcwalks, hay windows. cantilevt~red areas. acccssory structures. attached garages encroaching on the front setback. . existing porches, or other extensions or projections not deemed par1 of the prineipal structure. h. A Covcred Porch on a principal strueture that is set hack lifty (50) feet or more from thc front Jot line shall he set back at kast forty (40) foot front lot )ine. c. No Covered Porch shall be constructed closer than twenty (20) fed to the front lot line without review and approval through thc vaTlance pmcess. d. Required steps per the International Building Code shall be cxcluded whcn calculating the dimcnsions of the Covered Porch. L For vacant lots where a principal structure is constructed after May I, 2006. the Covered Porch shall not he closer than thirty (30) fect to the front lot line or the side yard comer. 3. For already developed lots on which a new principa) structure is developed after May L 2006. and the new principal strueturc exeeeds the footprint of the origina) structure. the Covered Porch shall not be closer than thirty (30) feet to the front lot line or side yard corner. 4. For alrcady devdoped lots on which a new principal struclure is developed afrer May .I. 2006, and the new principal structure docs not cxceed the footprint of the original structure. the Covered Porch may be set back from the front lot line and side yard corner a distance as . calculated in Scetion ) 325.03 Suhd. 2.n.) .a. 5. Building PCT/nits shall be required before the construction of a Covered Porch. The Community Development Director or Dcvelopment Director's designee must make the following lindings prior to the approval of a building permit for a Covered Porch: lL The Covered I'oreh shall comply with the fmnt and side yard comer sethacks determined by Section) 325.03 Subd LD.I.a-d. b. The Covered Porch shall comply with all other aspects of thc underlying zone. including the side yard intelior set hacks and impervious coverage limits. c. The design of the Covercd Porch shall comply with the Covcred Front Porch Design Guidelines in the Zoning Ordinance Procedure Manual. See1 ion J 32 'i (jcnl'ral Regulalions Page 7 "r .:\3 . . d. The exterior materials of the proposed Covered Porch shall be . consistent or complementary in color. texture, and quality with those visible at the front of the principa) structure; e. The roof of the proposed Covered Porch shall be properly proportioned to and integrated with the roof of the principal structure and have no less than a 3/12 slope; f. The base of the Covered Porch shall not be open; the base shall be cither a masonry perimcter foundation (note: frost footings will be required for a building pemlit), or be screened by a solid fascia consistent with the front of the principal structure or lattice with openings no larger than two (2) inches by two (2) inches and painted to be consistent with the front of the principa) structure. g. At least sixty-five (65) percent of the exposed Covercd Porch fa"ade (excluding the foundation) shall be open or occupicd by screens and/or screen doors: and the fa~ade constitutes the area from the floor )evcl of thc Covered Porch to the Covered Porch ceiling: up to thirty-five (35) percent of the ta~ade may be solid and may only be occupied by columns. spindles, and railings; solid walls and g)ass (even partial) are prohibited. h. A Covered Porch within the forty foot front yard setback shall not be converted to a four season porch. Subd.3 ] lei ght. A. Exceptions. Height limitations shall not apply to church spires, belfries. . cupolas and domcs: chimneys and smokestacks; public monuments and flagpo)es; public and private utility facilities; electronic transmission towers: roof. mounted television and radio antennae and parapet walls extending not more than four (4) feet above the maximum permitted height of the bui)ding. except as hereinaller provided. B. Roof-mounted Mechanical Equipment. Such equipment, whether screened or completely enclosed, shall be excepted from the height limitations if the cnclosure (or enclosures) does not occupy more than thirty (30) percent of the roof area and does not ex tcnd more than twelve (12) feet above the roof upon which it is located. C. Variances for Cel1ain Structures. Any structure. other than as noted above. that is proposed to excced the maximum height imposed by provisions of this Code may be permitted by a variance, providcd it is determined that: Seetion 1325-- General Regulations Page 8 of .n . I. Adequate lirc protection and other safety features are provided. . 2. The hcight and bulk of thl' structure will not destroy a scenic or other appropriate view, nor will it shut off light and air from surrounding properties. OT otherwise he detrimental to the puhlic welfare. 3. The proposed structure will not eXCl:ed a 1100T arca ratio 01'0.5. 4. The proposed structure will have setbacks equal to or greater than the height. and the distancc hetween any two (2) principal bui)dings must he no less than ()Jle-ha)f (1/2) thc sum of the hcights of the two (2) structures. 1325.04 Additional Minimum Requirements for Drive-In Businesses. Fast Food Restaurants and :\utoJllohik Service Stations. Because drive-in busincsses, fast food restaurants and aU\(llllobik service stations prescnt certain unusua) problems, they are hercby required to meet the following requiremcnts in addition to the genera) requircments applicable to them in the zoning disl1ict in which they an: to be located, unless otherwise regulated in this Cod\:: Subd. ) l.ocation. A. Proximity to Schools. Churches. Public Recreational Areas and Residential I.ots. No drive-in business or fast food restaurant shall be located on a site that is within fom hundred (400) teet of a pub)ic. private or parochial school.. a chureh. a public recreation area, or any residentially zoned prop\:rty. B. Proximity to Other Establishments. No drive-in business or hlst food . restaurant shall be located on a site that is within one thousand three hundred twenty () .320) feet of the boundaries of another one. C. Unreasonable Trattic Volume. No drive-in business or last f(lOd restaurant shall be located on a site if the probable result of such location would be to unreasonable increase traffic volume on ncarby streets. D. Size of Lot. No (hivc-in business or fast f()od restaurant shall be locatt:d on a lot of less than twenty. four thousand (24'{)OO) square leet. Suod.2 Site Developmt:llt Standards. A. Landseaping. A Jot to be used If)r driv.::-in business, fast food restaurant or aUlomobile snviee station purposes shall be )andscaped at least to the f(.llowing depths from each lot line: S,'(li"1l 1.~:!5 (jellcrallh'gulations Page <) of .~3 . I. Twenty (20) feet from the front lot line. cxcept for approved access drivc. . 2. Ten (10) fect from each side lot line. 3. Fincen (15) feet from rcar lot line. B. Fleclronic Deviccs. Electronic devices such as loudspeakers or devices, and simi)ar instruments. shall not be )ocated within fifty (50) feet of any adjacent lot regardkss of use or zoning district. C. Snow Storage. Adequate arca shall be designed lor snow storage such that clear visibility shall be afforded from the property to any public street. D. Screcning. A suitable screening fence shall be erected along all propc/1y lines exccpt those which are also public right-of-way lines. Said fence shall be of a type and design approwd by the Council. Planting of a type approved by the Counci) may also be required in addition to or in )ieu of fencing. L Design. The dcsign of all structures shall be eompatible with other struelun:s in thc surrounding area. I'. Signs. No pernJ<\Ilent or temporary signs visible from a publie street shall be erected without approval fi'om the Council. (j. Traffic Circulation. No site plan shall be approved which will in any way constitute a hazard to vehicular or pedestJian circulation. II. Access. Access shall be to public streets from at least two (2) points on the . subject premises. A divided entry with a center island may meet the requirements of this provision. I. Rules and Rcgulations of State Fire Marshal. With respect to automobile service stations. any building proposed to be used as a service station shall be construeted and maintained as required by the rules and regulations of the state firc marshal governing the handling. storage and transportation of flammahle liquids. Every facility, whether underground or above ground and whcther indoors or out-of-doors. for the handling, storage and movement of flammable liquids, shall likewise be constructed and maintained in aecordanee with the rules and regulations of the State Fire Marshal and the Pollution Control Agency (PCA). 1325.05 Design Standards. The standards established in this section are dcsigned to encourage a high standard of development by providing assurances that neighbOJing land uses and neighboring proper1ies will be compatible. The standards arc also designed to prevent and S,~ctj(lll 1J2S . G('m~ral Regulatiolls Pag.: 10 of 33 . eliminate those conditions that cause urban blight. All future development shall be required to meet or exceed these standards. The standards shall a)so apply to existing. development where so . stated. Before any applications for development or construction under this Code or the building code arc approvcd. it shall be detennined that the proposal will be in eonfonnance with these standards unless a variance has been granted. It shall be the responsibility of the applicant to demonstrate such confonnance. Subd. ) r .andscaping. Appropriate and unified landscaping is essential to rned the community objectives estab)ished in the Comprehensive Plan. A ) .andscapl' Plan must be submitted in the Site Plan Rcview stage for all development in the R-3 and R-4 Districts and all Business and )ndustrial Districts. Minimum landscape plan requiremcnts for site plan revil'w are specitied in Appendix A. Procedure Manual. in addition It I the I(lllowing requiremcnts: A. Minimum Requircments. In all districts all developed uses shall provide and maintain a landscaped area aecording to minimums in the distliet rcquirements chm1. Planting within sueh area shall be subject to approval of the City Council. B. Landseape Yard Along All Strecls. In all districts all developed uses shall provide and maintain a landseaped yard along all streets. This yard shall be kept clear of all structurcs. storage and off.street parking. l'xcepl for drin:ways. the yard shall extend along thc entire fnllltage of thc lot and along both streets in the case of a comcr lot. Such yard shall havc a minimum depth of at least l\venty (20) feet from thc right-ot~way linc. . C. Small. Isolated Areas. Arcas less than ten (10) fcct in width. or isolatcd and less than five hundred (500) square feet in sizc. shall not be included in landscape area requirements. D. Maintenanee of Landscape Areas. Quantity and character l\f1andscaping.. as originally approved. shall be maintained in perpetuity. E. Screening. Also sc'e Section 1325.05 Subd. 2.H-K. Subd.2 Drainage Wetlands and Flood P)ain A. "Vater Management Plan. A water management plan must be submilll.'d Illr: I. Development of individual sites of two and one half (2.5) acres or greater for single-family homes. S('ctinn 1325 General Regulations Page 11 of 33 . 2. Additions to existing buildings on sites two and one half (2.5) acres or greater. . 3. Dcvelopment on any individual site within: a. One hundred (] 00) year Hood plain. b. One thousand () .000) feet of a public water or protected wetland. c. Three hundrcd (300) feet of Rice Creek, a major tributary to Riel' Creek or a county or judicial ditch. B. Exceptions to Exemption for Single Family Detached Dwellings. Construction of a single family detached dwelling on an isolated lot will not require pennit approva) un)ess one of the above listed conditions exists. The plan must be approved by the Rice Creek Watershed District. other ageneies as rcquired and by the City Engineer. I. On-site ponding is encouraged as a visual and functional amenity. 2. Two or more projects may coordinate their water management plans for their mutual benclit. C. Submission Requirements. Drainage plan requirements are specitied in Appendix A, Procedure Manual. Subd.3 Lighting. ^- Direction. In all districts lighting shall be so arranged as to direct light away from adjoining lots and public streets. Direct or sky-reflected g)are. from . floodlights or high temperature processes sllch as combustion or welding, shall not be directed at any adjoining lots or public strcets. B. Concealment or Hooding of Source. The source of illuminate shall be hooded, concealed or controlled in a manner so as to direct Ihe lighting pattern only on the site to whieh the lighting is intended. C. Intensity. Any light or combination oflights shall not east light that exceeds a meter reading of onc foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. D. Exterior Lighting of Building Facade. For non-residential uscs, visible from residentially zoned property, a maximum of twenty-live (25) percent of the facade visible from such residcntial property may bc illuminatcd by direct lighting from spot lights or flood lights. Scction 1325 Gencr.J1 Rcgulations Page 12 (\ r .3 3 . Suod.4 Fences. Walls and Landscaping (Security, Ornamental or Screening). . I A,.. . ] ]eigl;-Zlf Fe~~es i;-Side~~d R~ar Y ards. Fence~ -i~U~ide o~r~~;'ya~d~n;~-y-l not exceed six (6) tCet in height in all residential districts.__E~.!J.~~~ JIl<lYbt;up t(l.~!:x. (6) 1\:~Li.IJJ:!gj ghtjf.I2@~~d..in thg~~I;.Q!lQ~!D'.ir.!ml.Yllgl..QLc.:Q!1:!t;.fJ()!~j!"! !:g;jdentia!..gjstriets prm:.i~I~Q that the fe..ll~edQ.r~!!'Q.L~g;~d thretiJ.L(e~!il"! h~ight \Vjth!ll the stfl,l~Jl.!rg~etbac:k.Q.(Jh~ .PrifJ:@!Y..JroDLy~!!Land.Jhg.f~!Jc.:~ doe~J!Qtrestrict .tht::..c.:lear vision area. --- ..------..--".-.. B. lIeight of Fences, Solid Walls and Hcdges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard ouilding setoack area are prohibited in all Roo] and R-2 Residential Districts. C. Llectric Fences and Baros or Spikes on Fcnces. No above grade fence shall have baros or spikcs or be of metal constmction, which is charged or connectcd with electrical current within any district of the City. Thes(' f('ncing typcs shall only oe permitted through a ConditionalUsc Permit. D. Plac('ment of Fences Along Lot Lines. Fences may be placed a)ong lot lines provided no damage of any kind results to the abutting property. E. Direction of Fencc Facing. That side of the fence considered to be the face (facing as applied to fcnce posts) shall facc toward adjoining property. F. h'nces in Public Rights-of-way. No fencc, wall or hedge llIay be placed in a public right-or-way. G. Screening in Residentia) Districts. Screening shall be required in residential . districts where: I. ()n"-streel parking areas contain morc than four (4) parking spaces that are within thirty (30) feet of an adjoining lot. 2. The driveway to a parking area of more than six (6) parking spaces is within lilken (15) feet of an adjoining lot. )1. Screening in Proximity to Residential Lot. Screening of at least sixty (60) pCTeent opacity shall he required where: I. Any business or industrial use is adjaccnt to any zoned residential. along the ooundary of any such residential lot; 2. Any business, parking lot or industrial use is across the street from a n:sidential district, out not on that side of a ousiness or industrial use considered to be the fi'ont. S.:ctillll 1325 G<:Ill'ral R.:gulatil'IlS Page 13 of33 . 3. Any non-residential use in residential districts by Conditional Use Pemlit or PUD. sueh as schoo)s, houscs of worship, day carl' facilities . over ten (10), residential facilities ovcr six (6). or public uses other than parks, adjoins or is located across the street from any sing)e or two family residential lot. 1. Screening of Mechanical Operating Equipment. Screening shall also be provided where mechanical operating equipment is located on the ground or on the roof of the premises, such screening shall be constructed and 1(K'ated so as to prevent direct view of said cquipment. Mechanica) operating equipment shall include all exterior devices used to service the building or its occupants. including but not limited to electrical, BY Ac, p)umbing. communications (including telephone and dish antennae) and storage tanks. J. Types of Screening. The screening required in this seetion shall consist of a fence, wall or landscaping area subject to the approva) of the Council. ] ,andscape planting may be required in addition to the screening fence or wall. IK,in~ti~Yisibiliiy~- On ;ii Jots. no'thing ~hall be pl;'ced or ~i-iowl:~I't-o grow in" ! For~~tted: I~dent: left: 1", I . II' d .. b h . I f d . Hanging: 0.38, Outline numbered + SUC 1 a manner as to matena y Impe e VISIOn etween a elg 11 0 two an : Level: 3 + Numbering Style: A, B, C, I one-half (2-1/2) and ten (10) feet in th~c1e<\.ryi~iQ!:1.~!:ea. . : ... + Start at: 1 + Alignment: left + ...--...........- -.-.. ; Aligned at: 1" + Tab after: 0.75" + : Indent at: 0.75", Border: Box: I.. Responsibility for Screening. The owner or occupant of the premises : (Single solid line, Auto, 0.5 pt Line conlaining the use or features to be screened shall provide the required !.~i~~~),~a~s.:._~~:~~~~~.Not:~._... sern:nmg .. ..... ......---..-.-.,--=~"~"...=''''.-~''''''''i. ,. . ! Deleted: above the cC:"nll'r line grade i I of any adjacl'1I1 stlcet if"llhin fit1C'cn : M. t:~nces III N<>,n-Resi.denti.al S.itu~tions an.d. Exceptional and Unusual : ~:,;~~~:."fany inl"""clm~ ,,,,,clod e' c.lrcumstanees m Resldentla) Dtstncts. DeViatIOn from these reqUIrements .-..-.. '. t()r fences. walls and landscape screening may be penniued after I'lanning Commission review and Council approva) of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for the proposed fence, wall or landscape screening. This provision is intended to allow flexibilily in meeting the purpose and intent of this subdivision without the necl:ssity of proving a hardship as is required in the variance procedure. The objective of this provision is 10 improve the livability, appearclnce and security of properties and their relationships to one another. Subd. 5 Storage of Flammable and Combustible Liquids. ^- Compliance with ]nternational Fire Code. All bulk storage or llanJnJable and eombustiblc liquids shall confoml to the Minnesota Uniform Fire Code and the Arden Jlills Code of Ordinances. Section 1315.. General Regulations Page 14 of 3.~ . B. Permits. Permits shall be required as provided in the Arden lIills Code of ()rdinances. . C. Screening. All aboveground storage tanks. e.\cept tanks used for lique/ied petroleum. shall be screened from view. Such screening shall COnf(lrm to the Unifi.lfIn Fire Code and the sdhack requirements for screen fencing in this Section. Subd.6 Restrictions on Nonresidential Uses] .ocak'd in Residential Districts. ]n the granting of Conditional Use Permit or Planned Unit Development pennits for nonresidential uses such as houses of worship. day care facilities (ovcr 10). residential facility (over 6). public uses. schools of any kind. lllultiplL' family dwellings, boarding houses and domlitories to be located in a rl'sidential district on a site of one (I) acre or more. the Council shall not permit access from that site to a cul-de-sac or local street and also shall not permit any structure or hard surface area to be constmcted on said sitc closer than seventy-five (75) feet from any adjaccnt residcntiallot. Subd. 7 Aesthetics. ^- Evaluation of Impact. The proposed design. sealL'. massing, materials. height and other aspects of the subject matter of any penn it requested hereunder shall be evaluated by the Planning Commission and the Couneil with respect to stmctures and properties in the surrounding area. To this end, the Planning Commission ami the Council shall consider. prior to the issuanee of any pennit hereunder. whdher the appearance of the subject matter is so at variance with the structures and properties in the surrounding area as to eause a substantial depreciation in the propel1y values in the surrounding area or to unreasonable dl'lract from the appearance of the area or the city as a whole. . B. Applicability. The foregoing considerations shall hI: applicable to any permit applications other than detacht'"d dwelling units. Subd.X Design Standards fi:!r Principal Structun:s in Rl'sidential Zoning Districts. A. Minimum Width. All principal structures in residential zoning districts, except mobile homcs in approved mobile home parks, sha II have a minimum width of twenty (20) fect measured from Iilce to facc of principal exterior walls. B. Foundation. All Plincipal structures III residential districts, exeept manufactured home in approwd manufactured home parks. shall be placed on permanent foundations that comply with the requiremcnts l,f the State Building Code and are continuous and solid for tht'" entire perimett'"r of the structure. Secli"n 1.,25 .. (jent'ral Regulalions PagelSol:n . C. Permitted encroachments in Scction 1325.03 Subd 2 shall be exempt from subparts] and 2 above. . 1325.06 Requirements for Parking, Loading and Circulation. Suhd. ] Off.Public Street Parking. ^- Area and Dimensions of Each Parking Space. For the purpose of this Code, a parking space shall be not less than three hundred (300) square fc:et per vehicle of standing and maneuvering area. Individual spaces shall be at least nine (9) feet in width and eighteen (18) feet in length. 13. Access. All ofT-street parking spaces shall have access driveways and access directly to public streets or alleys. Curb cuts tc)r uses other than single family homes shall require approval from the CouneiJ. The number of curb cuts a)ong arterial and collector TOads shall be held to a minimum whcnever possible. Any residential lot. which has frontage on both a local street and a eollector street or a nH~ior or minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from the local street. C Construction Standards. Those standards apply to all dcvelopment except single-family and two family residences. I. Surfacing. Off-street parking areas and drives shall be improved with a paved surface. Such areas shall be so graded and drained so as to dispose of all surface water accumulation within the area as required by the City and the Rice Creck Watershed District. 2. Curbs. A concretc curb and gutter shall be constructed for all . developments according to the requirements of the City Engineer except driveways for single and two-family residences. D. Location. All off-street parking spaces herein required shall he )ocated according to the following: I. Spaces required for one and two family dwellings shall be on the same lot as the principal structure. 2. Spaces required for multiple-family dwellings shall he on the same lot as the principal structure served or within two hundred (200) ICd of the main entrance if not locait'd on the same lot. 3. Spaces required for business and industrial uses should he within eight hundrcd (800) feet of the main cntranee to the principal building served. Sel.ti(\n 1325. General Re~ulali(lns Pagclhof33 . 4. No off-street parking space, w'ith the exception of the driveways. shall . be within twenty (10) feci of the right-of.way line of any public street. except in the GB District where the setback shall be finy (50) feet. 5. In no case shall off-street parking an:as containing four (4) or more parking spaces be closer than five (5) feet from any side or rear lot lines. except in the GB District where no such parking shall be closer than twenty (20) feet to any exterior project lot lines other than for joint facilities as permitted herein. or as other,.vise permitted in this Code. (l. ]f required parking is located on a site other than the site on which the principal building or use is loeated, a properly drawn lega] instrument. executed by the parties involved. must be executed and filed with the City and the proper county oftice, if deemed necessary by the City Attomey. which provides for sueh parking and which shall not be tenninated without approval by the City CouneiL L. Joint Facilities. The required off-strt~et parking spaces for two (2) or more uses may be located jointly on the same lot adjoining lot, or in the same structure when I. The number of spaces provided is equal to or grcatn thall the sum of the separatc requirements for each use: and 'l The joint facility is reasonably related to the destination of the uscr: ... and . 3. It ean be demonstrated that there will be 110 substantial conllict in the principal operating hours of the uses to bc served; and 4. Setbacks for such joint parking facilities meet the minimum parking setback requirement from any lot lines other than the common lot lines between the lots invo)ved m the joint parking whcre setback requirements may be waivt'd: alld 5. A properly drawn legal instrumt'nt. executed by the parties involved. is filed with the City and the proper county office. if deemed m:cessary by the City Attorney. which provides for such mutua) parking agreement which shall be tenninated without the approval of the Council. F. Rcduetion in Number of Required Spaces. The nUlllhn of spaces required f()r a specific use may be rcdueed if the owner or occupant provides lloculllentation that a lesscr number of spaces will actually be needed than Sl'cliOIl 1325. Gl'Ill'ral Rl'gulatiolls Pagl' 17 on3 . normally rcquired by this Code and the City Council authorizes such lesscr number aftcr rccommcndation by the Planning Commission. The differcncc . in thc number of spaces provided and those required shall be shown on the approved site plan as "proof-of-parking" and shall bc constructed if and \vhen the necd for such additional spaces arises. G. Convcrsion or Alteration of Approved Uses. Commercia) or industrial huildings for a use. or uses. which is proposed to be converted. remodeled. or modilicd to accommodate another allowable use, or uses, which has a greater off.strcet parking requirement shall be required to apply for Sitc Plan Review and approval to assure the adequacy of off-street parking. 1-1. Parking Structures. The minimum setbacks of parking structurcs shall bc the same as tor principal buildings in the district and the extcrior finish shall be compatible with the principal building served by the parking stJucture. I. Loading Arcas and Maneuvering Space. Such aTCas shall not be used to satisfy the parking requirements in this Section. J. Off Street Parking Spaces Required: .. ....-.. .._------.._--_._~~-_._..... Use Required No. of Spaces. -.-------.. ...- --.----. Bingo Ilalls I for l'ach ].5 max. seating capaciTy Bowling Alkys 5 for each lane plus spaces lin rdated uses Businl'ss &. ProICssional Of1ic.' I for each 250 sq. ft. of gross tlllor area I ('hurchl's. Theaters. Auditoriums. . Mortuaries. and Other Places of I li)r every 3 scats (basl'd on design l'apacity) Assemoly I lilr each doctor or dentist plus I klr each nursc. Clinil's technician, or professional and I for each 200 sq. ft. of gross floor arca Daycan:, Nursery. and Pre-School I lilr each teacher or employee plus I for each 5 Facility individuals recl'jving carc (design capacity) Owelling 2 li.lr each dwelling unit Inside Motor vehicle I.easing or Sales I for each 250 sq. Ii. of gn1ss floor area used Ii.>r showrooms. sales, and ofliees Motekllotcls I for each employee plus I for each unit Multiple Occupancy Structure I for each space required fil!' each separate use I li.lr each employee on major shili plus I l"r each vehicle Other Busilll~ss and Industry used in conducting the husiness or I lilr each J .000 sq. Ii. of !loor area. whichever is greater Rl'neation Facility I for each 1.5 persons al design capacity -.--. ..._________ _n__._ .. _ ._.. Section 1325 - Genl"'ml Regulations Page I R of33 . ....--....----- ..----- .-.-... ..... ...................._- .-- "-"---1 Use Required No. of Spaces I .--.--.. .--.-----.-..-...,..-----.- ._---_...:.... - ..-..--..-.-------.---... .... ....... ...-.- j . Rcsiuen\iall'aci1i\y or Group Ilome I for ever" residents plus I for c.ach empk'yee on major I shift plus I I"r each on-rail mrdical professional I I Restaurants. Bars I I,\r ewry 2 sealS I Restaurant. I'as\ Foou 15 stacking spaces I"r cadi customer pickup window plus I for each 2 seats I Rc\ail Saks I f('r each 150 S4. ft. of gross retail sales nom space I I I Scho(lls. FlelJl(~n\ary. and Middle School I ",r coach staff member plus .1 per cla,sroo/ll Sehools. Seeondary J tor each school empl(lyce plus one space per" students Service Station 3 for each enclosed bay plus I for each ,'mployee ,'n p...ak I work shili I Uses Not Speeilkally Noted Including As dl"llTmined by City ('(luneil alier n'colllmendati\ln hyJ Puhlic USe'S PI~.J.min1L~\lmll1issio!!:.__ ... .. .. _..__ -.--. _._~_... K. I.andscape Islands. I- A tota) of kn (10) percent of the surfaced parking lot area shall be provided to divide large parking lots into smaller. morc pleasing spaccs. 2- Whne joint or combincd parking lots are provided on adjoining lots as allowed abovc, interior side or rear lot lines should follow such islands wherever possible. L Parking Capacity to be Maintained. \. Surfacing and striping of parking lots shall be maintained in a . manner Ihat will assure that the designated parking capacity is met. 2. Snow storage areas shall be provided so thai Ihe numher "f parking spaces is not reduced below the minimum required. The City may initiate proC\:edings to require that snow be hauled olT thc site if parking and circulation problems relalt"d to inadequate sno\\". remo\"f\1 occur. 3. Required parking. loading or maneuvering space shall not be used for the sales. storage, display or leasing of vchicles. hoats or products. cxcept for temporary use by special permit. M. Building Permit and Site Plan Approval Rcquired. A building pemlil shall be required in such case where a commercial. industrial. public or semi- public land use is intending to construct on-site parking containing a site aggregate of more than four (4) spaces or a loading faci)ity that is not a part of. or has prior approval as part of a site plan lor which a huilding permit has been issued. Section' 325 - General RegulatillllS Pal'el<J"f,3 . , N. (noperahk and Unlicensed Vehicles. Passenger vehicles. recreational . \'ehicles. trucks and watercraft t]Jat arc in an inoperahle condition or are unlicensed or in storage shall not he parked outdoors in the City for a period exceeding seven (7) days. "]noperahle" shall mean incapahle of movement under its own power or in need of repair or disposal in a junkyard. Suhd. 2 OIl~Strcl'l Loading. Off-street loading space shall be provided in connection \\'ith any LIS\: which requires thc rcceipt or distribution of materials by truck. Where noise from such loading space is audible in a residential district. the activity shall ternlinate hClwt'Cn the hours of 7:00 p.m. and 7:00 a.m. Suhd.3 Tmftic and Circulation. A. AccC'ssihility to Puhlic Streets. All commercial and industrial buildings or stmctun:s and their accessory uses shall bc accessihle to and from nearby public strects. B. Tratllc Control Measures. Vehicular traffic generated by a commcrcial or industrial use shall he channeled and controlled in a manncr that will avoid congestion on the public strects, traffic hazards. and excessivc tmffic through residential areas. particularly truck traffic. The adcquacy of any proposed traffiC circulation system to accomplish these objectives shall be dctermincd by the city which may require such additional measures for traffiC control as deemed necessary. including, but not limited to the following: Directional signalization, channelization. standby turn Janes, illumination, snow storage area and distrihution TItcilities within the <.:ommercial sitc to prevent hackup of vehides on public streets. Interna) site tratllc shall he designcd to separatc perimeter traffic and parking areas. Parking stalls shall be oriented so as to accommodate pedestrian tratlic in a . safe manner such as, but not limited to, orienting parking aisles toward the principal huilding entrances. C. Driveways. I. Dli\"Cway widths. Thc permitted width of accesses to County or State streets or roads is subject to County or State regulations. The following are the required driveway widths for driveways accessing the following types of streets or roads, the measurements hc-ing hetwcen the edges of the driveway at right ang)es thereto. I' ------ n_ -. . . l~~;;;,~~;~; "":,, . ~~f~(!'::;~8~:~r<dL~~~f~= ----- -----'------- ~ .,--------. -"-----_.---_.-...- -~ Sectioll 1325 ... (jl'lIt~ral Regulations Pal!e 20 of 3J . 2. Minimum Driveway Angle to Puolic Strcet: Thirty (30) degrees whcn the publie street is one-way or divided. otherwise sixth (60) . degrees. 3. Minimum Distance of Drivcway from Strccl Intersections: Distance shall be measun~d along street right-()l~way line between the nearest driveway edge and the nearest right-or-way line of the intersecting street. r -.--. .-------..-.-l---.--..~-:. ,;.-:- "--J-'-- If the driwwav ... and the dn~~" a\. ente,;, lane I t . and the mterSl'Ctmg street IS~' approaclnng or leavmg en en; a street I 'fi d . ..' classified as a: c assl Ie as a: 1!!!ersectJon.:..___.__ _ _._..__ . ..l.A.eproach {f~eI)L!,ell:~.e~J.reet) . L.ocal Street Local Street. Collc!;lor m ~I I . : I ~ Minor arterial , :> ! - .....-.......-...... .-., I ..--.--"- :I_.ocal:<;~~:l_ .__~~r A.rteria~ _._=~~_. 11 I ~...___ (olle!;t"r Street . Lo!;~~.~~re:~. ____.__~ J 5 : i And Minor Arterial Collcctor. Minor AJ1crial ~5 15 1-----.-.. --.-.----.... ~' Major Arterial 35 20 ___...__. .____ _.. .....___..._._.___._. ___0"..---- Major Arterial Local Street 20 15 -... .....--... .--.... .... -' r ....-..--..- . -.- --.--. Collector. Minor Arterial 25 I 15 .-.-~ .--.... -. ..m~1ajOr~~~r;a;'-~=-_L=-' ~(l. ___.._L=--20 Expressway Ramp _..l -----=-(~......._n_.l._ 100 . *'Nott:: Minimum distance to be the same as that specified for approaching lane if left tunls .a!~p~~!.tc:.d illt(lor out ~f driveway. .__ .-'---~'.,.._~ .... . 4. Proximity to lot lines. Access dri"es may be placed adjacent to property lines. but in no case shall a driveway be plaeed nearer than five (5) feet to an existing drive on an abutting parcel. 5. Proximity to n:sidence or other principal building. No access drive shall be closer than three (3) feet 10 any single- or two-family residence, nOT closer than five (5) feet to any other principal building. 6. Tranic Study May Be Required. Any sile development that proposed to increase the peak hour tratlic on streets or highways near the development. may be required 10 suhmit a Traftic Study prepared by a qualilied traffic engineer, that defines the impact of the development on the street and highway system and shows techniques to mitigate potential probkms. Section] '>25 General Regulatilllls Page 21 of.B . NOTE:See City Code, Chapter X, for additional on-street parking regulations. . 7. Access to streeK Each property which abuts one or morc public streets. shall be entitled to at least one access to a public street. Single family uses shall be limited to one (]) access per property. 8. Prohibited areas. In all residential districts, parking shall be prohibited on any area of the property except on designated dliveways or parking lots. There shall be no more than four vehicles parked on the driveway. ] 325.07 Performance Standards. Subd. I Maintenance. 1\. Health and Safety. In all districts. all buildings and structures. including fences and required landscaping. shall be maintained so as not to be unsightly or present hannful hcalth or safety conditions. B. Snow Removal. )n all districts, it shall be the responsibility of the residential and/or business land owner to insure proper snow removal from the sidewalks within twenty-four (24) hours aftcr the last accumulation of two (2) inches or more. Subd. 2 Refuse. 1\. Containment. In all districts, any waste materia)s, debris. refuse or garbage shall be stored and kept in accordance with the rcquircments of Section . 620.04. Subd. 4 of the City Municipa] Code, as the same may be amended from time to time. I rli:_Nox;~u, w;..;" ;~d Obj,':;;;;';,",I, Pi;.l <'i;';;;;,. c;;d ,".1. ~k'Pl flc;~ f. Fo~~~~;c, Bullets .and ~~~~n,g noxIous weeds and unSIghtly or obJectIOnable p)ant growth of .\:!gJlLJ.lil i ,nDeleted: 12-"--" , ... ..... -..-....... -.... -...... L____.i~h~s or!llOr~I~~i.~~.____. .. _.. n" _m n _ ________ ,_ ...... ......n.._.... _....._...... : Comment: The property maintenan<."C I task fUfCe has recommeoded changiog C Home Interiors. Home interiors shall be kept in a clean and sanitary ! from twelve inches.to~jghl inches. condition free of any accumulation of rubbish and garbage in comp)iallce with State Health Regulations. D. Compliance Deadline. Existing uses shall comply with these proVISIOns within thirty (30) days following the effective date of this Code. Subd. 3 Exterior Storage. Section 1325 - General Regulations Page 22 of.>:I . A. Rl:sidential Districts. . I. Materials and Fquipmmt. All materials and equipment shall be stored within a building or be fully serel:ned so as not to be visible from adjoining lots, except for the following: Laundry drying and rcereational equipment. construction and landscaping matcria Is currently (within a pl:tiod of twelve (12) months) being used on the premises; agricultura) materials and equipment if these are used or intended for use on the premises; olT-street parking of passenger cars and pickup trucks. 2. Boats. Trailers and Utility Vehicles. Fxterior storage of boats. trailers and utility vehicles is not permitted in any n:sidential district. cxeept as regulated in 1325.10. 13. Business and ]ndustrial Districts. I. Screening. All cxterior storage in the business and industria) districts shall be screened from public view, except materials and equipment currently being used for on-site construction. .., Parking. Vehicles, including but not limitcd to cars, trucks, buses and .;.. RV's parked and/or stored in public view for more than a period of seven (7) days shall be prohibited unless allowed by the pemlittl:d business or industrial use, excl:pt as regulated in Section 1325.10. Suhd.4 Electrical and Radiation Emissions. No activities shall he pennitted that emit dangerous radioactivity beyond an enclosed area. There shall be no electrical disturbance advcrscly affecting the operation at any point of any equipment other than that of the . ereator of such disturbancl:s. Subd. 5 Environmental Pollution. Emission or creation of noise, odors, vibrations, glarL'. dust smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established hy the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties. Subd.6 Lakefront ] .ots. All lots having frontage on a body of water must he maintained in accordance with the following: A. Lakeshorc l.andscaping. At least seventy-live (75) percent of the required lakeshore sl,tback shall be landscaped or left in its natura) state. B. Maintenance of Waterfront Area. The waterfront area shall present a neat and not unsightly appearance from the watcr and shall be protected from adverse conditions affeeting the public. For the purpose of this provision, "Cldvl'Tse conditions" shall be interpreted as utilization of more than ten (10) Section 1325 -. Gennal Regulations Page 23 (.f-,3 . pereent of the shoreline for docks or other accessory buildings or structures, grading or otherwise removing natural cover from the lakefront area, or . accumulation on the lakefront area of debris, the creation or maintenance thercon of safety hazards, cut or till which change the natural shoreline, maintenance or health hazards thereon, and similar conditions. C Location of Aecessory Buildings or Structures. Accessory buildings or structures shall be located behind the rcquired structure setback from the ordinary high \vater (OHW) mark. Subd. 7 Animals. A. Location for Buildings Housing Farm Animals. Any building in which farm animals are kepi shall be located a distance of two hundred (200) feet or more from any lot line. Any open structure in whieh fann animals are kept shall be a distance of four hundred (400) feet or more from any Jot line. R. Number of Anima)s Allowed. Up to four (4) domestic anima)s, excluding hints and fish, are permitted in any dwelling unit. but without a rcsidential dog kennel license not more than two (2) may be dogs. Up to three (3) dogs are allowed with a residential dog kennel license. Dog cnclosurcs may he located only in a rear yard in all zoning districts. C. Animals for Research. Animals for research may be kept in appropriate places by conditiona) use permit. D. Wild Animals. Wild animals are not permitted in any district. Subd.8 Site Grading. A. Erosion Prcvention. Earth surfaccs shall be planted or stabilized to prevent . erosion. 13. Drainage onto Neighboring Property. Finished slopes and grades shall not cause adverse drainage effects on adjoining properties. 1325.08 Filling and Excavation. Subd. ] Pemlit Required. An administrative permit shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acrc. whichever is greater. Operations of over the above-dcscribcd amounts shall be considercd land reclamation or mining. and shall rcquire a conditional use pelmit in accordance with chapter 8 of the Arden Hills Code of Ordinances. Section 1325 General Regulations Page 24 of 33 . Suhd. 2 Exceptions. The folhl\\'ing operations are excepted from the preceding permit . requirements: A. Excavation rdated to the construction of a building with a duly issued huilding permil: B. Filling. excavation, and grading associated with site improvements and site preparation h)r a duly approved subdivision or site plan; C. Excavation for construction of public streets and utiliti~~s; D. Filling. L'Xc;l\alion. or movement of less than one hundred (100) cubic yards of earth for landscaping purposes on a Jot already oceupied hy a residential stmcture: L Minor agricultural or conversation operations. Subd.3 Type of hll. fill to be placed on sites must be gravel, sand, dirt, day or other nOli-decomposable material similar to natural soils found in the upland area of Arden Hills. Building constl1lction materials. concrete, bituminous, and soils containing hazardous or toxic waste. predominately organic materials. household wastes. mechanical dehris, etc.. shall not he permitted. Suhd.4 Performance Time. Filling and exeavation operations for which a permit has hcen issun! shall he completed within a period of one hundred and twenty (120) days from thL' L'ommencem~'nt of the opL'ration. and within one year of the issuance of the permit. unless an extension is requested of and granted by the City Council. Suhd. 5 Periodic Operations. Pl'riodic filling or excavation of amounts less than four . hundred (400) euhic yards pcr parcel or per acre shall he allowed under separate administrative permits until thL' composite total of such periodic operations exceeds four hundred (400) cubic yards. )'wiher opcrations will then be suhject to the requirements of the Arden Hills Code of OrdinancL's. Subd.6 Submissions. The applicant for permit shall submit the following infollllation: A. A legal description. plat. or surn:,y of property to be altered. B. A statement of purpOSL' for the filling or excavation. C. 1\ plan identifying the areas of the site to be altered, the estimated quantity of material \() be moved, the degree of grade adjustment, the proposed finished grade. the ex isting and proposed drainage pattem, and proposed erosion control measures. A complete gmding plan may he required if considcrcd necessary to the evaluation of the requcst. Seetioll I ~25 - G':Il.:ral R.:gulatiolls Pare 25 of ~3 . Subd. 7 Revil"\\' Procedure. The pennit application shall be reviewed by the City . Engineer and othl"r members of the administrative staff to detennine the impact of the proposed operations upon drainage patterns. adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted. approved with modifications, or rejected because of specifically stated adverse impacts. ]f denied. the applicant may appeal the administrative decision to the City Council within ten (10) days. 1325.09 Antennas. Satellite Dish Antennas and Towers. Subd. ] Applicability. The regulations in this subsection shall apply to any antenna or tower. Dish antennas under thirty (30) inches in diameter. six (6) square feet in area. or six (6) feet in height. regardless of zoning district or type of mounting (roof. wall, ground or pole) are exempted from these regulations. Subd.2 Conditional Use Permit Required. Antennas. satellite dish antennas and towers are allowed only as conditional accessol)' uses. They arc therefore allowed only on property containing a principal use to which the antenna. dish antenna or tower is accessory. No antenna. dish antenna or tower shall hereafter be erected, constmcted or placed, or re.erected. reconstructed or replaced without a Conditional Use Permit, except as exempted in paragraph (I) immediately ahove. Subd.3 Height. The height of an antenna. dish antenna or tower shall be measured from thl" ground at the base of the antenna or tower to the highest point of the antenna or tower. No antenna. dish antenna or tower shall exceed the following height limitations: A. A dish antenna shall not excecd fiftecn (15) teet in height if ground or pole mounted and shall not extend more than twelve (12) feet above the roofifit . is roof mounted. ]h'gardless of these height limitations, the antenna shall be mounted as close to the ground or roof as practical. B. No antenna or tower shall exceed a hcight of seventy- five (75) feet. C No antcnna or tower shall exceed a height equal to the distance from the bast' of the tower to the nearcst ovt'rhead electrical power line (except individual service drops), less five (5) fct't. D. On City watcr towers. antennas placed on the top of the tower shall not exct't'd the height of the tallest existing antenna placed at that location at the time that this Codc is amended. Suhd.4 Location. Antcnnas and towcrs shall be locatt'd on sites or buildings in areas that are the least obtrusive to nearby properties and public streets. Antennas or towers shall be located only on sites containing an allowable principal use. Antennas. dish antennas or towers shall not be allowed: Section J 325 - Gcneral Rcgulalions Pagc 2h or 33 . A. Nearer the street than the principal huilding on the lot. . B. Nearcr the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section 1320Jl6 of this Code. C. Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or towcr will be placed. D. Ncarer to any property line than the height of the antcTlna or lower. SlIbd.5 Number of Antennas or Towers. A. )n all residcntial districts, no more than one (I) exempted antenna and no more than one (I) antenna requiring a conditiona) use permit shall be alhl\\ied on one (I) lot or parccl. B. On City water towcrs. the numbcr of antennas pemlitted on the stmcture and ground will be determined by the requirements outlined in Section) 320.06 of the Zoning Code and is stmcturally allowable. SlIbd.0 Screening. A. SCfl'ening shall be provided so as to prevcnt direct view of a dish antenna from any strel'l or from a public or privatc property within six hundred (600) feet of the dish. as follows: 1. Ground Mounted Dishes. Screening fi:lr ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of . these devices. 2. Roof or Wall Mounted Dishes. Screening telr roof. or wall-mounted dishes shall be in accordance with Section] 325.05 Subd 4 B. Screening City water tower sites. I. Antennas attached to the water tower must be painted to match the color of the water tower. 2. Ground mounted stmctures. a. Red Fox Tower. The City will landscape the site to adequately screen the existing ground structures at the timc of the amendment of this Code. All future applicants will eonforll1 to the City's landscaping p)an of the lot. The City will constmct a ground structure to house a)) future applicants requiring ground mounted Sc>clioll 1325 - Gcneral Regulations Page 17 of .~3 . structures following amendment of this Code. Applicants willlcase space on the tower and within the ground mounted structure. as . specified in the lease agrecment. No additional ground structures will be pennitted on this site. h. Femwood Tower. The City will construct a ground structure to house all future applicants requiring ground mountcd structures following amendment of this Code. Applicants will lease space on the tower and within the ground mounted structure, as specified in the lease agreement. No additional ground structures will he permitted on this site. Subd. 7 Special Requirements for City Water Tower Sites. The placement of licensed commercia) wireless telecommunication servIces including cellular, personal communication services (peS), specialized mobilized radio (SMR), enhanced specialized mobilized rddio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's access to the facility will not IIlcrease the risks of contamination to thc City's water supply; B. There IS suffieicnt room on the structure and/or on thc grounds to accommodate the applicant's facility: C. The presence of the facility will not increase the water tower or reservoir maintenance costs to the City: and D. The prcsence of the facility will not be harmful to the hea)th of workers maintaining the water tower or reservoir. Subd.8 Documentation Required. ]nstallation and operation of an antenna. dish . antenna or tower shall be pennitted only after application has been made and approval has heen granted as defined in Section 1355.04 Subd 3 for a Conditional Use Permit. The following documents shall be submitted with the application: A. Site Plan. The following infomlation on the subject property shall be shown: I. A plot p)an drawn to scale. 2. Site and building dimensions. 3. Location of buildings on the site and on adjoining sites within one hundred (] 00) feet. Section] 325 - General Regulations Page 28 of 33 . ..f. Location of site improvements. including drive-s, parking lots or structures. landscape areas and any other site features that will aid the . City in evaluating the application. 5. Location and height of proposed antenna, dish antenna or tower. 6. LIC\'ation drawing of proposed antenna, dish antenna or tower. B. Site Fkvation Drawings and/or Site Section Drawings. Drawings shall be provided that show how the screl.:ning will dlectivcly be accomplishl.:d as dcfined in the abovc Suhd 6. Site lint's shou)d be illustrated both in p)an and section showing vertical and horizontal relationships to neighboring properties. C- Ali applicants for the City's water towers must include a signed rep0l1 from a State registered engineer showing compliance with all applicable codes. standards and structural requirements of how the additional antennas will affect the water tower structure. A final inspection report from a State n:gistered engineer showing the work completed is in compliance with previously approwd plans shall also bc required. D. A building penTlit shall be required for all applications except those as stated in Section) 325.09 Subd I.A. 1325.10 Re-creational Vehicles (RV's). The restrictions sd out in this section on the outdoor parking and storage of rccreational vehicles are necessary for tIll: peace. health, safety and welfarc of the citizcns of Ankn Hills. Yet it is rccognized that there arc so many kinds of recreational vehicles and so many shapes and sizes of lots and land parcels within the City, that . no matter what restrictions an: placed upon thl.:ir outdoor parking and storage, hardships will result to some owners of recreational vehicles and nuisances will result to some non-owners. "j hercfore in an attempt to avoid such hardships and nuisances. a system for rt'gulating the storage of R V's is hereby established. Subd. I General Regulations li.)r RV's in All Districts. A. Storage in an I'nclosed Structure. RV's of any height or length may be kept within an enclosed structure which otherwise cont()nTls to the zoning rcquirt~mcnts of the district. B. Altal.:hment to Ground Not Permitted. R V's shall be mobile and shall not be permanently affixcd to the ground in a manner that would prevent removal. C. Use of RV. No RV shall be uSl.:d for living, sleeping or housekeeping purposes in lhe City. S,"clion 1325 . G("neraIRcgulations Page 2'1 "f .1.~ . D. RV Condition \Vhile Stored. No such equipment shall be stored or parked unless il is in condition for safe and effl'ctive perfomlance and is currently . IiCl:nsed. L Ownership. Permitted st<mlge shall only be allowed for RV's owned by the owner or occupant of the property on which the RV is stored. Subd.2 General Regulations f(lr the Exterior Storage ofRY's in Residcntial Districts. A. No more than threc (3) RV's may be stored outside on a residential lot. No more than one of thc 3 RV's may be l'ither a self~propelled motorhome or a travel trailer. B. Exterior storage of RV's less than seven (7) feet in height shall be permitted in the rear or side yard, with a minimum of five (5) feet from any property line. except when such yard is adiacent to a street where no R V stomge is allowed. If both side and rear yards are available for parking or storage, then the location with the least visibility from streets and neighboring property, as detemlined by the Zoning Administrator, shall be used for such storage. C. RY's Jess than twenty-eight (28) feet in length may be stored outside anywhere in the arca where RV's less than seven (7) feet in height are allowed as in the above Section) 325.]0 Subd 2.A.2. D. RV's less than thirty-four (34) ket in length may be allowed by conditional use pemlit in a n:ar or side yard. with a minimum side and rear yard setback of ten (10) feet. except when such a yard abuts a street. where no parking is . allowed. This conditional use pemlit procedure will allow the unique circumstances of each lot to be considered and the most appropriate storage location detennined. E. RV's over seven (7) feet in height may be stored anywhere in the buildable portion of a residential lot. F. The owner or occupant of any shoreline lot is pennitted to store up to three (3) boats or watercraft, in addition to other pemlitted R V's, provided that such boats or watercrafi: I. Do not exceed the size limitations for other RY's as regulated above. 2. Arc stored in locations pennith:d Il)r other RV's as regulated above, except that permittcd boats or watercraft may also be stored in the n:quin:d lakeshore setback arca but not within fifty (50) fect of the water's edge. L.esser lakeshorc setbacks are pemlitted when Section 1325 .. (jellt"I~11 Rcgulalions Page 30 of.n . topographic conditions. lot configuralion and/or the size and hulk of the watercraft do not allow the nonna! fifty (50) llx,t sethack to be . met. For purposes of this provision. this permitted lakeshore setback cncroachment shall be treatcd as paJ1 of the buildable portion of thc lot. Walcreraft shall includc. but. shall not be limitcd to, power boats. cruisers. canocs, jet skis. fishing.hunting boats. pontoon boats and sail boats. Subd.3 Parking l'emlits. All R V's may be parked in driveways for the sole exprcssed purpose of loading and unloading for a period not to exceed seventy-two (72) hours. l'ermits f()r a period of up to seven (7) days, renewable once during a twelve (12) month period may be obtained from City Hall. Subd.-t Graphic Summary ofRV Storage Rcgulatipns. A. R V's of any length or height may be storcd in cnclosed structures. providing the structure confonns to I.oning Ordinance requirements. B. A maximum pI' three (3) RV's JlJay be stpred outside on a residential lot. One of the three (3) RV's may be either a self.propelled motor home or a Iravel t rai le... -_...--- ------ ---.- .J.... C. RV's less than l\\enty-eight (28) 5 feet III length may be stored I outside in the locations describt'd below. A conditional use permit may he granted to allow storage -.- . of RV's up to a maximum length of thiJ1y-tour (34) feet. This conditional use permit procedure 5 \Ii i II allow the ulllque FRONT YARD circulllstances of each lot to be considered and the most appropriate storage location to be STREET RIGHT .oF.WAY UNE --.---.-- --_.."-- determined. D. RV\ under seven (7) feet in height may be stored outside anywhere in shaded area. Section J .125 - General RC)!uJalions Page 11 oLD . E. RV's over seven (7) feet in hcight may be stored outside anywhere in shaded area (the buildable portion of a lot). . REAR YARD "1"';0' ~JII; ~ - 10'~ FRONT YARD STREET RIGHT-OI'.WAY UlE ---------.- F. Winter Storage of Watercraft on ---.....--.-.-- Lakeshore Lots: LAKE Watercraft shall include, hut shall ." .. -. . .. not be limited to power boats. .....~.. 9E1BACK" .' crUIsers. canoes, jet skis. l\REA:: . . . 7500A 100 STANDARD fishing/hunting boats, pontoon LAKESHORE boats and sail boats. ,BACK _..1.__ G. Up to three (3) boats are pemlitted to be stored on a shoreline lot in a residential district, in addition to . other pemlitted RV storage. -T fRONT YARO 40' H. Watercraft less than seven (7) feet in height may he stored olltside STREET RJGHT-OF.WAY lINE anywhere in the shaded area, --.- The required sethack from the shoreline shall be fifty (50) feet. H()\\"('ver, lesser setbacks are pennitted when restricted by lot configuration, topography or size and hulk of the water craft. 1. Watercraft over seven (7) feel in height may bc stored anywhere in the shaded area. 1325.lJ Temporary Buildings. S~ction 1325 G~neral Regulations Page 32 or 33 . Suhd. I Dwellings. No garage. tent. trailer. vehicle or accessory building shall at any time be used as a dwelling except mobile homes loeated in an approved mobile home . park. and except tor structures receiving a lemporary permit from the Council. The Council may. in its discretion. grant a temporalY pennit for the use of the fi)fegoing, structures as dwellings for a period not to l'Xceed ninety (90) days when an emergcncy or hardship situation cxists. In addition to thc foregoing. the Council. may if in its discretion it determincs an cmergency or hardship situation exists, grant a l\:mporary permit for the use as a rcsidence of a basement under a finished single family rcsidencc wherc the basement is made suitable and safe tt)r said residential purpose and occupancy is approved by thc Building Inspector. Subd.~ Public. Semi- Public and Busincss Buildings. No portable structures, manufacturcd housing units. lIlobile honKS. air-supported structures. tents or trailers shall be used as c1assroollls, offices or any olher type of public. semi-puhlic or business usc unless such structures are accessory to pennancnt principal buildings on the site and unless a tcmporary pcmlit is re\';cwed by the Planning Commission and approved by the Council. Mobi)e puhlic libraries. blood mohiles. traveling exhibits. and on-site construction offices are exempt tium this prO\'ision. however. constmction offices shall rcccivc a temporary structure pcrmit in eonjunction with the building pemlit fl)[ the principal building requiring the constructi('J1 office. The City Council may deteffiline that a time limitation for a pennit for such a temporary building is necessary to assure that the applicant pursues a pcrmanent solution to the situation that rcquired a tcmporary nuilding. . S("Cl;()fl 132, (iell"ral Regulal iOlls Pa~l' 3.~ (d' 3.~ . Sl'l.tilll1 I.UO - Shon'land Rl'gu]ations . 1330.0 ] GelH:ral Pro\' isions. Subd. I I'urpost: and ]nlt'nt. The uncontrolkd use of shordands of the City affects the publil: health. safety and general wdfan." not only by t:Ontributing to pollution of public waters. but also hy impairing the 10c,,1 tax base. Therd()re. it is in the h('st interest of the public ht:allh. sall.'ty and \\d litre to pnl\'ide f(n thl' wisl: dl:vclopmt:nt of shorclands of public waters. Tht: l.t:gislature of Minm:sola has ddegated responsibility to the municipalities of the Stall~ to regulate Ihe subdivisi01l, use and development of the shorclands of publil: waters and thus preSeT\T and enhance the quality of sUlfaee waters. preSl'T\T the cconomic and natural environmental values of shorelands. and provide for the wis\.' ulilization of watns and rdatnl land resources. This responsibility shall hereby be recognized by thl: City. I Subd.2 Statulory Aullwrization. '1 his Section shall be adopted pursuant to the authorization eontailK'd in funhcranc\.' of the policies declared in Minnesota Statutes I Sections 10JF and 462 "nd l\linnesota Ru\t-s Par1s 6120.25()()-o 120-3900. Subd.3 )nlerpretalion. In their interpretation and application. the provisions of this Section shall be held to be minimum requirements and shall be liberally construl'd in 1:lvor of thl' City. and its City Counl'il. and shall not he dl'emed a limitation or repeal of any other powers !!ranted by' State Statutes. Subd.4 Abrogation and (jrealn Restriclions. II shall not be intended hy this Section to repeal. abrogale or impair any ,~xiSlillg eJsements. covenants or deed restrictions. ) ]owever. where this Section imposl'.s grt'aler restriclions. the provisions of this Section shall prevail. . Subd.5 Applicahility. This Sl:ction shall apply to all lands located within the bllumlalies of the shoreland management districts. 1330.02 Shoreland l\:lanagl."ment Districts and llsl's. I Suhd. I Classification of l.akes. ]n order to guide the wise development and utilization of shorcIands of protl:cted waters for the preseT\'ation of water quality. natural characteristics. t:conornic values and gl:neral health. satl:ly and welfare. certain protected waters in the City ha\T been givl'n a shoreland management classification. These protected waters of the City have bcen cIassilit'd hy the commissioner of natural n:sourecs as folhl\vs: ru _u-1 I DNR I.D. No. ,...-.---..-...---...-..--.--....---.... .-.--.-.-.---.-............ . ___!_:m.~..-~~~.--..... I General Development Lakes: . no _ ..... ... ... ... . _.. ....._... Sc'ctilllll nl.l ShordanJ I{c'~lJlati'"1S Pag... I (If x . I Joscphinc 62-57 I I Johanna h2.n;!. I Lillie J()hanna 62-5& I Karth 62.72 .. __........._._. . .m......_n.. .... ............ .... ......... ", l~~cr~ati~~a!.~ev~'o~~ent l.akes: I I Round Lakc 62- 70 I Natur~n!;n~ronmental Lakes: ....----.....- ..... ........ ........j I Sunfish 62 65 J I Valcnlinc.__. 62. 71 ..__.___.n Subd. 2 Establishment of Shoreland 1\lanagement Districts: Zoning Map, The boundaries of the shorc\and management districts are hneby Cllntinucd as shown on the map entitled '"Official Zoning Map of Arden Hills. Minm:sota.n which map shall be properly approved and tiled in the office of the City Administrator. The shorefand management districts overlay existing zoning districts of the City also shown on the official zoning map pursuant to this Code and the City of Ardcn lIills Zoning Code. As indicated in this Section, certain portions of the shorelands in the shordand management districts are classified general development. recreational development- or natura) environment lakes. The map and all of the notations. references and other information shown thereon shall have the same force and effect as if set forth in this Section at length. Subd. 3 Boundaries of Shorcland Management Districts, The boundaries of the shoreJand management districts shall be determined by scaling distances on the official . zoning map. Where interpretation is needt'd as to the exact location of the boundmies of a shoreland management district shown on the oflicial zoning map. f(x example where there appears to be a connict between a mapped boundary and actual fidd conditions, the City Council shall make the necessary interpretation based upon ltIpognlphic elevations and other available technical data, Persons contesting the location of the shoreJand management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence, Subd.4 Pemlitted Uses. All permitted uses allowed and regulated by the applicable zoning district underlying the shoreland management districts as indicated on the otlieial Zoning Map of the City shall be permittcd in a shorcland management district. Subd. 5 Conditional Uses. All conditional uses and applicab)e attached conditions allowed and rcgulated by the applicable zoning disllict underlying the shoreland management districts as indicated on the official Zoning Map of the City shall be conditional permitted uses thnein, SlTlinn 1:\30.. Shnrcland RcglJlaljnns Pagc2ni"S . ,............. . 1 Comment: 'Ine nonconforming uses SlJbd. (im.)'rohibited Uses. b.IJY.pI:1l11itlt:tl.().rmconditi(1!E!!.u~es t11at..,'!L~not peJ!!!ilted by' ~ secllc.JR was removed SUk;e 'it w~s ! redundant with the overall . tht:..!!vn.!if_f!ble zoning c!isJrict .uIl(!crlyi..ngJhl:sh()IdaD.9managem~nt. djstri_CJ!;.;!~ indipkd I nOllcc.mtonning regulations in Set.1ion mUbLotli<;.i,I)z'pning Map of the (itymshall be prghibitetljIl Jh~ shor:t;J.<!JL<i.manng\?J:lW-'!t !.,...'.::~:~,""~~~.,". ',,"",=~~~m.". Qi~tri~J" : Deleted:'"" -.-\lIhollgh boatholl>es . pCJOlltfcd in cer1ain zoning dlSlriclS. ... -----.. -.--.--------..- suhjcd to ccrtam H":strictinns_ the Subt!, 7 W~lJt;.r:!!rif,:!lt~d_../\f.<;~~~Qry... .Smtl:;t.lJ r(?s. mmNe\\i . ~\:.at(?;::~i;:ient(~c1.m,!~~<:(~Ss9n.1 : Commi~si~lner of :'\I..lIural Rl~suun:es : rl~quiJ("~ that th~y Ix- lTemed as USl'S when ~J-'lIj:JlJI\'~'iSh"lJ. PI: .pr:phit>i!ed.. .L!(i~!iIl~~m <:L:.Qximted acce~~().ry. st-'1t~~J~m~S, i D<:J!!c!.i!!g ! tht")' arl' I(}f,,~alcd m shOT eland mimagelIJC'nt boathouse~,J'!h<l.!~.<;'~!!l_~i(:k!t;.Q J.t;gal, . [l.(.>n:<:<:)Df<:)n.lling_~.t!:Uctu re~_Jbm nla y h~__<:_<.lntiJlue<l, I dlstril:ls. :\ccordinp.ly. hoathouSl"S located ill 5hordmul managemenl distr;ds .shaH l1laiD@im~9,-qr replaced sub.Fct to Ihe pnn'isions in Section) 350. I IJc SUbjl~~:1 tll the use pennil pr~.:'l"'dures __.__.... =~-=-_._.::-:._:.:-.-:.~-::-:_-.. ___..:_._n_.._____... .._.._........._._.._...._...._...._.._.. n -:..:~__... . .__._ contaiJll~d m tillS Code and in the City.' ...-......-.--...- .. ...n . ........__..____u. Deleted: . #I Suhstandard lISl~S.~! ft. .~: 1.330.03 District Provisions. ../i"'C"H\tinuatil\n_ Substandard uses or ~tJUcttHCS with Ihe shordand mClna!!t"mcnt districts which Wl"JC III Subd. I District Requirements. The following standards shall apply to all shordands l~Xi$l('nCl' prior 10 the t'nactJl}C'I1f llflhis of the protected waters )isted in this Section. \Vhcre lhe requirl'nKnts of the underlying l"haptC'J shan be allowed 10 COUllIlUC.", IIllwen'r. any slructllraJ alteral fOIl_ zoning district as shown on the orlicial zoning map are more restrictive than those set addition. or otlll:r modil'ic;uioJl which forth in this Section. then thl' morc rcstrictivc standards shall apply: inCIt:"iJ5t'S or cxtC"llllc; tht". suhSl3ndard condi1i"n~ shall not be allowt:"d t'X.l~l.pl as pl.'nnitll'lt hy lhe variance prm.'edure IDpre I n. ...n _... ._... --E-- -r:-.-.----- 1--- '1 p~1I1icularly dcscribl"'d rn this Chaph.."r.~i , Natural I . Recrt'ational. ..#>'l _.__._ ~..~~~W~~~;:I:t~.1 Development Water~. _ cener:1 D~Vt'I:~:K'nt ~aters I ; -. it:. Expansilln_ The cxpansion. .........................- : rcconstrudivn. Of rcslClrnlion of a Lot A rt'a (square ket): ; substandard struchlrc shall nl)1 he Rip:uian Lot 40.000 20.0no 14.000 : pl"'rminl'd if the cvs.l oft:'Jl.panslon. reLonSlru(:tivl}_ or n:storati(IIl cxccc"ds Lol Area (square ket): Non- 14.0UO 14.0()O I <l.oon (Ii.r ~istrict R.I ) : fift~ (51)} per17t:'n1 ftrlhc fJir market value I Riparian Lot II.UnO (Illr Distrit.ts R-2. R.3. R-4) of Ihl~ cx-J:':.lin!? slmctuf(' III be mftJlflcJ.~[ I Minin;um \Valer FllIlIlage . Ii .1IIi and Width at Buildillg line 125 75 75 . 17..-!\:(lJIlon[\)nning llses. :'-ill JlllJ1confl1nninJ! use wlthin the slwrdand (Ie.ell I m3n:lgC'Ulcnt districl shall be t"'xpamft::d llr Structure Minimum Setback n'C()n~ITUf.;kd eX":l~pl as pelmittl"d by Ihis fwm Ordinary High Wakr 150 7.<; 50 Code or 1hc City of Arden Hills l.onin!? . Mark ([cd). OnjimtJKl".~i . ff:...'i Structure Minimum Setbacks 411 fllr Distt;c[S R.I. R-2. R.1. R-4 ..-.---- n_.__n_.__ ....- fwm Str.:elS and Highways 50 li)r Districts H.l. 13.2. 1-2 ; F()':!!'~!'!~~:,_:r~bs: J .2~"~~."-!~~. ( kefl S5 tell District J. I : .Forma':!~~~~~":ts and N~~~'2!~~~.. '. Structurt' Maximum Height .15 li)r Oislri.:t R.I. R-2. R.3. R-4. 13.1. 13.2. 1.1 I . Deleted: ,! (f..,d) 45 till DiSlrict 1-2 I I Maximum Lot Area Cuv,~red 35 lilr District R.J. R.2. 1<.3. R--t ......1 hy ImptTviuus Surlil.:e (%) 65 li.r District 1.1 "15 till District B.I. B.2. 1.2 Subd. 2. Noncontonning l.ot..;. Lots of record in the orlice( s) of the County Recorder and/or Registrar of Titles prior to the date of enactment of this Code which do not .'lll'ct the requirements may he allowcd as huilding sill'S provided: A. The use is rerrnitted in the :roning district and. B. The lot is in sl'paratc ownership ti-om abutting lands: and S,,,:ti"ll 1:\30 _. Shordand R,'gul:l1illlls Page -' of X . C. All other sanitary and dimensional requirements of this Section are . complied with insofar as practical and in accordance with Section 13] 0.03. Subd.3. Nonconforming structures and uses shall comply with Section ] 350 of this Zoning Code Subd.4. Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surfacc waters and nutrients in aecordance with the following criteria: A. Where feasible and practical. all roads and parking areas shall meet the setback requirements established for structures of this Seetion. 13. In no instance shall these impervious TOads or parking surfaces be placed less than fifty (50) feet from the ordinary high water mark. C Natural vegetation or other natural matl'rials shall be lIsed to screen parking areas when viewed from the water. Subd. 5. Uevation of Lowest Floor. A. Structures shall be p)aced at an elevation consistent with the City's flood plain management controls as set forth in Section 1335 of this Code. R In areas not regulated by flood plain management controls. the elevation to which the lowest floor. including basements. shall be placed shall be determined as follows: I. For lakes. ponds. and flowages. by (a) an elevation of available flood infomlation and consistcnt with "Statewide Standards and Criteria for . Management of Flood Plain An:as of Minnesota:' or (b) placing the lowest floor at a level at least three (3) feet above the highest known water )evel. In those instances where sufficient data on known high water levels are not available. the ordinary high \vater mark shall be used. 2. For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for Managemmt of Flood Plain Areas of Minnesota:' Subd. 6. Fxceptions to Structure Setback Requiremcnts. A. Boathouses. Piers. Docks. Setback requirements Irom the ordinary high \vater mark shall not apply to piers. and docks. I.ocation of piers and doeks shall be controlled by applicable State and local regulations. Section 1:1.10.- Shordand Rl'gulations Page 4 uf X . B. Adjacent !.ots. On undeveloped shon:limd lots that have two (2) adjacent . IlIts with ex isting principal structurcs on hoth such adjacent lots, any new residential structure may he scl back the average setback of the adjacent structures from the ordinary high water mark or tifty (50) feet, whichever is greah:r, provided all other provisions of the shorcland management distriets are complied with. Suhd.7. On-site Sewage Trcatment Systems. All permitted uses and special uses within the shordand management districts shall be slT\'Cd with puhlic sewer. No Plivate on-site sewage treatment systems shall be permitted. Suhd. X. Shordand Alterations. A. Removal of Natural Vegdation. The removal of natural vegetation shall be restrictcd \0 prcvent erosion inlll protected waters. to consume nutrients in the soil. and to preserve shordand aesthetics. Rcmllval of natural vegetation in lhe shordand management districts shall hc subject 10 the following pronslOns: I I. Selective removal of natura) vegetation shall be allowed, provided that I sufficient vegetative cover remains to screen cars. dwellings and other structures when viewed from the water. ... Clear-cutting of natural vegetation shall he prohibited. .c. ~ Natural vegetation shall 1>e restored insll/:n as fcasihle after any .,. construction project is completed to retard surface nlllo/l and soil erosIon. . B. (irading and rilling. Grdding and filling in shoreland management disllicts or any alteration of the natural topography where the slope of the land is toward a protected water or watercourse leading to a protccted water shall only be authorizcd by a pennit. ]f the amount of grading. excavation, or tilling is less than four hundred (400) cubic yards per single parcel or four hundrcd (400) cubic yards per acre of land. whichever is greater, an administrativc' pennit shall be required. If the amount of grading. excavation. or tilling exceeds four hundrcd (400) cubic yards per acre of land. whichever is greater. a Conditional Use Permit shall be required. Such permits shall be applied for and approved in accordance with this Code and with Section 1325.0X of the City of Arden Ilills [oning Code. Any such permit may be granted subject to the conditions that: I. The smallest anlPunt of bare ground shall hc exposed ror as short a time as feasible. Secl;tlll 1330 Shordand Rcgnlal;ons Page 5 of R . 2. Temporary ground cover. such as mulch, shall be used and pemlanent ground cover. such as sod, shall he estab)ished. . 3. Methods to prevent erosion and trap sediments shall nc l'mployed. 4. Fill shall ne stabilized to accepted engineering standards. approved by the City engineer. C. Protccted Watcr/Wetlands. Any work which shall change or diminish the course. cun'ent or cross section of a protccted water or wetland shall be approved by the Commissioner of Natural Resources. and the approval shall he construed to mean the issuance by the Commissioncr of Natural Resources of a permit under the procedures of Minnesota Statutes. Section 105.42 and other related statutes. Subd.9. Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of flooding, inadcquate drainage. soil amI rock fomlations with scvere )imitations for development. severe erosion pOlential. unfavorable topography. inadequate water supply or sewer acccss. or any other featurc likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Suhd. ) O. Planned Unit Dcvelopments. Planned unit developments may hc pemlitted in accordance with this Code and the City of Arden Hills Zoning Code. provided that preliminary plans arc approved hy the Commissioner of Natural Resources prior to their approval ny the City. and further provided that: A. Open spaec is preserved through the use of restrictive decd co\enants. public dedications, or othcr methods. . B. The following factors shall be carefully evaluated to ensure thc increased dcnsity of dcvelopment shall bc consistent with the resourcc limitations of the protected water: I. Suitability of the sitc for the proposcd usc: ") Physical and aesthetic impact of increased density; 3. I.evel of currcnt development: 4. Amount and owncrship of undeveloped shoreland: 5. I .evcls and types of waIn surface use and public accesses: 6. Possible effects on overall public use. S,'ction 1330.. Shord.lIld Rcgulations Pagc h (Irs . C. Any commercial. recreational. community. or religious l~lCility allowed as . part of the planned unit developnll'nt shall conform to all applicahle Federal and State regulations including. hut not limited to. the following: 1. Licensing. provisions or procedures: 2. Building codes; 3. Saldy regulations: 4. Regu)ations conccrllmg the appropriation and use of "protected waters" as delint'd by State law: 5. Applicahle regulations of the T\.!innesota l'nvironmcntal Quality Board. D. The final plan for a planned unit lkvcJopment shall not be modi lied. amended. repealed. or otherwise altered unless approved in writing by the developer. the municipality. and the commissioncr. F. There shall be centralized shoreline recreation facilities such as beaches. docks and boat launching facilities. Suhd. I). Variances. Variances to the requircments of this Section may be granted in accordance with the provisions of this code and Section I355Jl4 Subd 4 of the City of Arden Hills Zoning Code. 1330.(14 Administmtion. Subel. I. Construction Projects: Developments. All applications for building permits. . conditional use pennits. variances and planned unit development permits for projects located within shorcland management districts shaH be subject to. and administered by. in addition to the provisions of this Section. all applicahle provisions of this Code and the City of Arden Hills Zoning Code. Suhd. 2. Subdivisions. All applieations for preliminary .md tina) plats and minor subdivisions located within shoreJand management districts shall be subject to. in addition to the provisions of this Section. all applicable provisions of this Code and shall be administl:rcd as described in this Code. Subd.3. Notification of the Commissioner of Natural Resources. A. Variances. A eopy of any request for a \ariarKc to the provisillns of this Seetion or plats which propose any lots which require varianees to the lot area and dimensional requirements of this Sectil)J1 or the notice of a publie hearing to consider a special use pt'nllit or planrwd unit development pennit shall he sent to the Commissioner of Natural Resources such that notice S"ction 1330- Slwrebnd R~gllla'i(lns Pagc 7 (Irs . shall be received by the commissioner at least ten (] 0) days prior to the hearing or action on the request. . B. Amendments. 1\ copy of all amendments to this Section and linal deeisions granting variances or conditional uses wjthin the shorcJand management districts shall be sent to the Commissioner of Natural Rcsourecs within ten ( I 0) days of the amendment or final action. C. Plats. Copies of all p)ats within the shoreland management districts shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City. . Seclion 1330 - Shoreland Regulalions Page 8 of X . SECTION 1335 - FLOOD PI,AINS . 1335.01 Statutory Authorization. This Seetion is enacted pursuant to the provisions of M.S. ) 031' and 4(,2.:>57. which authorize local government units to adopt regulations designed tll minimize llood losses. 1335.02 l'indings of Fact. Suhd. ) Hazards Exist. The Jlood hazard areas of the City arc subject to periodic inundation which results in potential loss of lite. loss of property. health and safety hazards. disruption of commerce and governmental services. extraordinary public expenditures or flood protection and relic!: and impairment of the tax base. all of which adversely affect the puhlic health, safety. and gl'neral welfare. Subd.2 Method Used to Analyze I'lood ] )azards. There regulations of this Section are based upon a reasonahle method of analyzing Jlood hazards which is consistent with the standards established by the Minnesota Department of Natural Resourees. 1335.03 Statemt'llt of Purpose. II shall be the purpose of this Section to promote the public health. safety. and general weltare. IJ35.0-l Zoning Code. The City of Arden IIilrs Zoning Code is adopted by reference and made a part of this Section as ifset out in full. 1335.05 Regulatory Flood Proteetion Elevation. The Regulatory Flood Protection Flevation shall he an ekvation no lower than one foot above the elevation of the regionalllood plus any increases in flood elevation caused by encroachments on the Ilood plain that result from designation of a Iloodway. 1335.06 Administrator. The City Administrator or other official designated hy the City Council . shall administer and enforce this Section. If the City Administrator tinds a violation of the provisions of this Section the City Administrator shall notify the person responsible for the violation in accordance with the procedures. 1335.07 Lands to Which Regulations Apply. These regulations of this Section shall apply to all lands within the ('ity as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway. Flood hinge. or Generall-"lood Plain Districts. 1.1.15.08 Establishment of Official Zoning Map. The Otlicial Zoning Map together with all materials attached thereto shall be adopted by reference and declared to be a part of this Section as if set out hcre in hIlI. The attached material shall include the flood Insurance Study for the City prepared by the Federal Insurance Administration and the Flood Boundary and Floodway Map and nood Insurance Rate Map. The Official Zoning Map shall be on file in the Orlice of the City Admin i strator. .1.135.09 )nterpretation. Seetioll 1335 FlOOlI Pia ins Page I or 1'1 . Subd. I. Minimum Standards. In their interpretation and app)ication, these regulations of this Seetion shall be held to be minimum requirements and shall be liberally construed in f:n'or of the City and shall not be deem cd a limitation or repeal of any other powers granted by State Statutes. . Subd. 2. Boundaries. The boundaries of the zoning districts shall be determined by scaling distances on thl' Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map. as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the deeision of the Zoning Administrator. the Board of Adjustment shall make thc necessary interpretation. All decisions shall be based on devations on the regional (I OO-year) flood profile and other available technical data. Any person contesting thl: loeation of the district boundaries shall be given a reasonable oppol1unity to present his llr her case to the Board and to submit technical evidence. 1335.10 Compliance wjth District Regulations. No new structure or land shall be used and no structure shall be locatl'd. extended. converted. or structurally altered without full compliance with the krms of this Section and other applicable re!,1lJlations. Within the F1oodway. Flood Fringe and (,eneral Flood Plain Districts. all uses not listed as permitted uses or Conditional Uses shall be prohibited. ]n addition. a caution shall be provided here that: Subd. I. New manufactured homes. rep)acement manufactured homes and certain travel trailers and travel vehicles shall be su~ject to the general provisions of this Zoning Code. Subd. 2. Modi lications, additions. structural alterations or repair aftcr damage to exis1ing noncOnf()mling structures and nonconforming uses of structurcs or land are regulall'd by the general provisions of this Section: and Subd. :>. As-built elevations for elevated or flood proofed structures shall be certified by ground surveys and flood proofing techniques shall be designed and certified by a registered prokssional engineer or architect as specified in the genl'ral provisions of this Section. . 1335.11 Abrogation and Greater Restrictions. These regulations of this Section shall not be intended to repeal. abrogate. or impair any existing casements. covenants. or deed restrictions. However. where the provisions of these regulations of this Section impose greater restrictions. the greater restrictions shall prevail. All other City regu)ations inconsistent with this Section shall hereby be suspended to the ex lent of the inconsistency only. 1335.12 Warning and Disclaimer of Liability. The provisions of this Section do not imply that areas outside the flood plain districts or land uses permitted within the districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any officer or employee of the City for any flood damages that result from reliance on this Section or any administrative deeision lawfully made under the authority of this Seetioll. 1335.13 Designation of l.oning Districts. Subd. I F100dway Distriet. The floodway District shall include those areas designated as llnodway on the Flood Boundary and F100dway Map adopted in this Section. Section 1335.. Flood Plains Page 2 of t9 . Suhd.2 Flood Fringe District. The Flood Fringl: District shall include thOSl: areas designated as 1l00dway fringe on the Flood Boundary and Floodway!\lap adopted in this . Section. Subd.3 General Flood Plain District. The General Flood Plain Visrrie! shall includl: those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adoptcd in this Section. 1335.]4 Floodway District. Subd. ) Permitted lIses. A. Gl:neral farming. pasture. grazing. outdoor plant nurseries. horticultun:. truck fanning. forestry. sod farming. and wild crop harvesting. B. Industrial-commercial loading areas. parking arcas. and airport landing strips. C Private and puhlic golf courses. tennis courts. driving ranges. archery ranges. picnie g.rounds. boat launching ramps. swimming areas. parks. wildlik and nature preserves. game farms. lish hatcheries. shooting presenes. target ranges. trap and skl:ct ranges. hunting and fishing areas. and single or multiple purpose recreational trails. D. Residential lawns. gardens. parking areas. and play areas. Subd.2 Standards for F100dway Permitted Uses. A. The us,' shall have low !lood damage potential. B. The use shall be permissible in the underlying zoning district ifone exists. . C. The use shall not obstruct flood flows or increase !lood elevations and shallnllt involve structures. fill. obstructions. excavations or storagl: of material or l:quipment. Suhd.3 Conditional Uses. Structures accessory 10 the uscs listed as permittt'd uses. and thl: spl:cifil: uses listed below: A. Extraetion and storage of sand. gravel. and other materials. B. Marinas, boat rentals, docks, piers. wharfs. and water eontro! structures. C. Railroads. stree!s. hridgl:s. utility transmission lines. and pipelines. D. Storage yards for equipment. machinl:ry or materials. I'. Placement of fill. ~l.cti"lI 1335.. I-"I,'od Plains Page 3 of 19 . F. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or eommercial or condominium type campgrounds. subject to the exemptions and provisions of this Section. G. Structural works for flood control such as Icvet:s. dikes and tloodwalls . constructed to any height where the intent shall be to protect individual structures and levees or dikes where the intent shall be to protect agricultural crops for a frequency tlood event equal to or less than the 100-year frequency flood event. Subd.4 Standards for Floodway Conditiona) Uses. A. No structure (temporary or permanent), fill (including fill for roads and levees). deposit. obstruction, storage of materials or equipment. or other uses may be allowed as a conditional use that will cause any increase in the stage of the one hundred (100) year or regional flood or cause an increase in flood damages in the reach or reaches affected. B. All floodway conditional uses shall be sub.iect to the procedures and standards contained in this Section. C. The conditional use shall be pcrmissible in the underlying zoning district if one cxists. D. FiJI. I. Fill. dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative eover, mulching. riprap or other acceptable method. 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the tloodway unless a long term site development plan is submitted which . includes an erosion/sedimentation prevention clement to the plan. 3. As an alternative. and consistent with Para!:,'faph 2 above, dredge spoil disposal and sand and gravel operations may allow temporary. onsite storage of till or other materials which would have caused an increase to the stages of the one hundred (J 00) year or regional flood but only aftcr the City has received an appropriate plan which assurcs the removal of the materials from the tloodway bascd upon the flood warning time available. The Conditional Use Permit shall be title registered with the property in the Office of the County Recorder, L Accessory Structures. \. Accessory structures shall not be designed for human habitation. Sl'ction 1335 '. l'Iood Plains Pag... 4 of Il} . 2. Accessory structures. if permitted. shall be eonstructed and placed on the building site so as to offer the minimum obstruction to the now of flood waters. . a. Whenever possible. structures shall he constructed with thc longitudinal axis parallel to the direction of flood now: and b. So far as practicable, structures shall be placed approximately on the same 1100d 110w lines as those of adjoining structures. 3. Accessory structures shall be elevated or lill or structurally dry 1100d proofed in accordance with the FP-] or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory stnlCllllT may he flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment. does not exceed five hundred (500) square feet in size, and for a detached garage. the detach cd garage shall be used solely for parking of vehicles and limited storage. All flood prooll:d accessory structures shall meet the following additional standards. as appropri<Jte: a. Thl' structure shall be adl'quately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls: and b. Any mechanical and utility equipment in a structufl: shall be elevated to or above the Regulatory Flood Protection Elevation or propcrly flood proofed. r. Storage of Materia)s and Equipment. 1. The storage or processing of matcrials that are, in time of /looding. . /lammable, explosive. or potentially injurious to human. animal. or plant life shall be prohibited. 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. G. Structural works fix flood control that will change the course. current or cross section of protected wetlands or public waters shall he subject to the provisions of Minnesota Statule. Section ) 03G. Community-wide structural works for /lood control intended to remove areas from the regulatory tlood p)ain shall not be allowed in the floodway. H. A levee. dikc or Iloodwall constructed in the floodway shall not cause an increase to the 100-year or regional l100d and the technical analysis shall assume equal conveyance or storage loss on both sides of a stream. 1.335.15 Flood Fringe District. Sel"lion 1.'-\ 5 - Flood Plains Page 5 of)9 . Subd. ) Permitted Uses. Permitted Uses shall be those uses of )and or stmctures listed as Permitted Uscs in the underlying zoning use district(s). ]f no preexisting, underlying zoning . use districts exist. then any residential or non-residential stmcture or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in this Section and the "Standards for all Flood Fringe Uses" listed in this Subsection. Subd.2 Standards for Flood Fringc Permitted Uses. A. All stmctures, including accessory structures. shall be elevated on fill so that the lowest floor including any basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (I) foot below the Regulatory Flood Protection Elevation and the fill shall cxtend at an elevation of at least fifteen (15) feet beyond the outside limits of the stmcture erected thereon. B. As an alternative to elevation on fi)I. accessory structures that constitute a minima) investment and that do not exceed five hundred (500) square fcct for the outside dimension at ground level may be internally flood proofed in accordance with this Section. C. The cumulative placement of till where at anyone time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowab)e only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with this Section. D. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. Subd.3 Conditional Uses. Any structure that is not clevated on fill or flood proofed in . accordance with this Section or any usc of land that does not comply with the standards in this Subsection shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and critcria and evaluation procedures specified in this Scctiun. Subd.4 Standards for Flood Fringe Conditional Uses A. Alternative elevation methods other than thc use of fill may be utilized to elevate a stmcture's )owest floor above the Rcgulatory Flood Protection Elevation. These alternative methods may include the use of stilts. pilings. parallel walls, etc.. or above-grade, enclosed areas stich as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considercd above- lo,'Tade and not a structure's basement or lowest floor if: I. The enclosed area is above-grade on at least one side of the structure: Seetion 1335 - Flood Plains Page 60f 19 . 2. II is designed to internally flood and is constructed with tluod rl."sistant materials; and . 3. It is used solely for parking of vehicles. building aecess or storage. B. The above-noted alternative elevation methods shall be subjeclto the follllwing additional standards: J. Design and Certification. The structure's design and as-built condition shall be certified by a rcgistered professional engineer or architect as being in comp)iance with the gencral design standards of the State Building Code and, specifically. that all electrical, heating. ventilation. plumbing and air conditioning cquipment and other service facilities shall be at or above the Regulatory Flood Protection Elevation or be designed to prcvent flood water from entcring or accumulating within thcse compunents during ti mes of flooding. 2. Specific Standards for Above-Grade. I:nclosed Areas. Above grade. fully enclosed arcas such as crawl spaces or tuck under garages shall be designcd to intcrnally flood and thc design plans shall stipulate: a. The minimum area of openings in the walls where intcrnal lIooding is to be lIsed as a flood proofing technique. When openings <Ire rlaCl~d in a structure's walls to providc for entry of flood waters 10 equalizc pressures, thc bottom of all openings shall he no higher than one foot above gradc. Openings may bc equipped with screens. louvers. valves. or othl'r coverings or devil~es provided that they permit the automatic entry and exit of flood waters. b. That the enclosed area shall be designed of Ilood resistant materials in accordance with the FP-3 or 1'1'-4 classifications in the State Building . Codc and shall be used solely for building aecess, parking of vehicles or storage. C. Basements. as defined by this Section. shall be subject to the following: J. Residential basemcnt construction shall not be allowed below thl' Regulatory Flood Protection E1cvation. 2. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with this Section. D. All areas of non-residential struetures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry 1100d proofing classifications in the St<lte Building Code. Structurally dry flood proofing shall meet the FP- J or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage Se~lion 1335 Flood Plains I'age 7 of 19 . of water and with structural components having the capability of resisting hydrostatie and hydrodynamic loads and the effects of buoyancy. Structures /1ood proofed to the FP-3 and FP-4 classification shall not be permitted. E. When at anyone time more than one thousand (1,000) cubic yards of fill or . other similar material is located on a parcd fix such activitics as on-site storage, landscaping. sand and gravel operations. landfills. roads, dredge spoil disposal or construction of flood control works. an erosion/sedimentation control plan shall be submitted unless the community is enforcing a State-approved shoreland management ordinance. In the absence of a State-approved shoreland ordinance. the plan shall clearly spccify methods to be used to stabilin~ the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan shall be prepared and certified by a registcred professional engineer or other qualified individual acceptable to thc City. The plan may ineorporate alternative proeedures for removal of the material from the flood plain if adequate /1ood warning time exists. F. Storage of Materials and Equipment. I. The storage or processing of matcria)s that are. in time of flooding, flammable. explosive, or potentially injurious to human, animal. or plant life shall be prohibited. 2. Storage of other materials may be allowed if readily rl'llJovablc from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. Subd.S Standards for All Flood Fringe Uses. A. All new principal structures shall have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this rcquirement is granted. the Board of Adjustment shall spcci fy . limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local /1ood cmergency response procedures exist. B. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lowcr than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be uscd by the employees or the gencral publie shall not be b'Tanted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greatl'r than (4) feet per second upon occurrence ofthc regiona) flood. C. Manufacturing and ]ndustrial Uses. Measures shall be taken to minimize interference with normal plans operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements sct out in Paragraph B abovc. ]n considering permit applications. due consideration shall Se(;tion 13 3 5 .. Flood Plains Pag.' 8 of 1'1 . be given to neds of an Industry whose business requires that it be located in flood plain areas. . D. Fill shall be proper)y compacted and the s)opes shall be properly protected by the use of riprap. vegetative cover or other aceeptable method. The Federal bnergcncy Management Agency (FFMA) has established criteria for removing the special flood hazard areas designation for certain stmctures properly elevated on fill above the ) OO-year flood elevation FEMA's requirements incorporate specifie fill compaction and side slope protection standards for multi-structure or multi-lot developments. FEMA's standards should be investigated prior to the initiation of site preparation if a change of specialllood hazard area dcsignation will be requested. E. Flood plain developmcnts shall Ill)t adversely affect the hydraulic capacity of the channel and adjoining Jlood plain of any tributary watercourse or drainage system where a floodway or othcr encroachment limit has not been spl'cified on the 01licial Zoning Map. I". Standards for travel trailers and travel vehicles arc contained in Section J:l70.03. G. ^II manuJ~lctured homes shall he securely anchored to an adequately anchored foundation system that resists flotation. collapse and lateral movement. Methods of anchoring may include. but are not to be limited to, use of over.the-top or frame times to ground anchor. This requirement shall be in addition 10 applicable state of local anchoring requirements for resisting wind forces. 1335.16 Flood Plain District. Subd. I Permitted Uscs. . 1\ . The uses listed as permitted uses for Floodway Districts. shall bc permitted uses in a General Flood Plain District. B. ^" other uses shall be subject to the floodwaylflood fringe evaluation criteria set forth in this code. Subd.2 Procedures for Floodway and Flood Fringe Determinations within the Gl'Ileral Flood Plain District. ^. Upon receipt of an application for a Conditional Use Permit for a use within the Gcnlnl Flood Plain District. the applicant shall be required to fumish the following. information as is deemed nccessary by thc City Administrator t()r the determination of the Regulatory Flood Protection Fkvation and whether the proposed use is within the F100dway or Flood Fringe District. I. A typical valley cross-section showing the channel of the stream. elevation of land areas adjoining each side of the channel. cross-sectional areas to be occupied by the proposed development. and high water information: and Section 1335... I'lood Plains Page l) of 1\1 . ') Plan (surface vit'w) showing elevations or contours of the ground; "-. pertinent structure. fill. or storage elevations: size. location. and spatial arrangement of all proposed and existing structures on the site: location . and proposed and existing structures on the site: )ocation and e1cvations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type: and 3. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in either direction from the proposed development. B. The applicant shall be responsible to submit one ()) copy of the above information to a designaled engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the F100dway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regu)ations ]9X3. Parts 6) 20.5000-6120.6200 shall be followed III this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commcneing the analyst. The designated engineer or expert shall: l. Estimate the peak discharge of the regional flood. 2. Cakulalt: the water surface profile of the regional flood based upon a hydraulic analysis of lhc stream channel and overbank areas. 3.. Compute the floodway necessary to conveyor store the regional flood without increasing flood stages more than 0.5 foot. A Icsser stage increase than 0.5 foot shall be required if. as a result of the additional State increase. increased flood damages would result. An equal degree of . encroachment on both sides of the stTl~am within the reach shall be assumed in computing floodway boundaries. C. The City Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing !Jody. The Governing Body shall formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body. prior to ot1icial action. may submit the application and all supporting data and analyses to the Fcdcral Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and F)ood Fringe Boundaries have been determined. the Governing Body shall refer the matter back to the City Administrator who shall process the permit applieation consistcnt with the applicable provisions of this Section. 1335.]7 Rcview Criteria. No land shall be subdivided which is unsuitable for the reason of llooding. inadequate drainage. water supp)y or sewage treatment facilities. All lots within the flood Section 1335.. Fluod Plains Page 10 of 19 . , plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and se\....age treatment facilities that comply with the provisions of this Section and have road access both to the subdivision and to the individual building sites no lower . than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain. the F100dway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labeled on all required subdivisions drawings and platting documents. 1335.18 Floodway/Flood Fringe Determinations in the General Flood Plain District. In the Gcneral Flood Plain District applicants shall providc the information required to determine the one hundred (100) year llood elevation. thc F100dway and Flood Fringe District houndaries and the Regulatory Flood Protection Flevation fix the subdivision site. 1335.19 Removal of Special Flood II <Izard Area Designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special llood hazard area designation fi)r certain structures properly elevated on Ii II above the one hundred (100) year llood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These FEMA standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requesll:d. 1335.20 Public Utilities. All public utilities and bcilities such as gas, electrical. sewer. and water supply systems to be located in the flood plain shall be Ilood proofed in accordance with the State Bui)ding Code or elevated to above the Regulatory Flood Protection Elevation. 1335.21 Public Transportation Facilities. Railroad tracks, roads. and bridges to be )ocated \vithin the 1100d plain shall comply with this code. L1evation to the Regulatory Flood Protection Elevation shall bl' provided where failure or interruption of the transportation facilities would result in danger to the public health or safety of whne such bciJities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption oftranspor1ation services would not cndanger the public health or safety. . 1335.22 On-Site Sewage Treatment and Water Supply Systems. Where public utilities arl" not provided: A. On-site water supply systems shall be designated to minimize or eliminate infiltration of flood waters in the sySlL'IllS: and 13. New or replaCeml"nt on-site sewage trealment systems shall be designed to minimizl" or eliminate infiltration of flood waters into the systl"mS and discharges from the systcms into flood waters and they shall not be subject to impairment of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall he determined to be in compliance with this Section. 1335.23 Permit Requiremcnts. Sect il'n 13 3 5 -- I l(lOll I'lams Page J I of 14 . . Subd. I Permit Required. A Permit issued by the City Administrator in conformity with the provisions of this Section shall be secured prior to the erection. addition or alteration of any building, structure, or portion thereof: prior to the use or change of use of a building. . structure, or land; prior to the change or extension of a non-conforming IIse: and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. Subd.2 Application for Permit. Application for a Permit shall be made in dup)icate to the City Administrator on forms furnished by the City Administrator and shall include the following where applicab!e.: plans' in duplicate""drawn to scale. shll\ving the nature, location. dimensions, and e1cvations of the lot: existing or proposed structures, fill, or storage of materials: and the location of the fllregoing in relation to the stream channel. Subd.3 State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance. the City Administrator shall determine that the applicant has obtained all necessary State and Federal Pernlits. Subd.4 Certification. The applicant shall be required to submit certification by a registered professional engineer. registered architect. or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. Flood proofing measures shall be certified by a registered professional engineer or registered architect. 1335.24 Conditional Uses. The City Counci) shall hear and decide applications for conditional uses permissible under this Section. Applications shall be submitted to the City Administrator who shall forward the application to the City Council for consideration. Subd. ) Hearings. Upon filing with the City Council an application for a Conditional Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufTiciently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. . Subd.2 Decisions. The City Council shall arrive at a decision on a conditional use in accordance with Section 1355.04 Subd 4. Subd.3 Procedures to be Followed by the City Council in Passing on Conditional Use Permit Applications within all Flood Plain Districts: A. The applicant shall furnish the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed used: I. Plans in triplicate drawn to scale showing the nature. location, dimensions, and elevation of the lot. existing or proposed structures, fill, storage of materials. flood proofing measures, and the relationship of the above to the location of the stream channel. Section 1335 - F1ol\d Plains Page 12 of 19 . 2. Specilications for building construction and materials. flood prooling. tilling. dredging. grading. channel improvement. storage of materials. water supply and sanitary facilities. . B. The City Council shall transmit one copy of the information described in Subdivision 3 above to a designated engineer or other expert person or agency for technical assistance. where necessary. in evaluating the proposed project in relation to flood heights and velocitics. the seriousness of tlood damage to the use. the adequacy of the plans for protection, and other technical matters. C. Based upon the technical evaluation of the designated engineer or expert. the City Council shall determine the specific Ilood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Subd.4 Factors Upon Which the Decision of the City Council Shall be Based. ]n passing upon conditional use applications. the City Council shall consider all relevant factors speci tied in other Sections of this Section. and: A. The danger to life and property due to increased Ilood heights or velocities caused by encroachments. B. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges. culverts or other hydraulic structures. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination. and unsanitary conditions. D. The susceptibility of the proposed facilities and its contents to flood damage and the effect of the damage on the individual owner. . L The impOrlance of the services provided by the proposed taeility to the community. F. The requirements of the facility for a watertTont location. G. The availability of alternative locations not subjeet to flooding t<)r the proposed use. H. The compatibility of the proposed use with existing developm~'nt and development anticipated in the foreseeable future. /. The relationship of the proposed use to the comprehensive plan and llood plain management program for the area. J. The safety of access to the property in times of flood lor ordinary and emergency vehicles. Section I D'i . Hood Plains Page 13 of 19 . K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. L Any other factors which shall be relevant to the purposes of this Section. . Subd.5 Time for Acting on Application. The City Counci) shall act on an application in the manner described above in accordance with Section) 355. Subd.6 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Section, the City Council shall attach such conditions to the granting of Conditional Use Pl'rmits as it deems necessary to fulfill the purposes of this Section. The conditions may include, but shall not be limited to, the f()llowing: A. Modifications of waste treatment and water supp)y facilities. B. Limitations on period of use, occupancy, and operation. C. Imposition of operationa) controls, sureties. and deed restrictions. D. Requircments for construetion of channel modifications, compensatory storage, dikes. levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a p)an or document certified by a registered proll:ssional engmeer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 1335.25 Variances. The City may authorize in specific cases such relief or variance from the terms of this chapter and code in accordance with Section 1355. No variance shall have the effect of allowing in any district uses that are prohibited in that district. permit a lower degree of flood . protection than the Regulatory Flood Protection Elevation for the particular area. or permit standards lower than those required by State law. Subd. .I Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. Subd.2 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Section. Subd.3 Hearings. Upon fi)ing with the Board of Adjustment of an appeal from a decision of the City Administrator. or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to thc Commissioner of Natural Resources a copy of the application for proposed variances sufliciently in advance so that the Commissioner shall receive at least ten (10) days notice of the hearing. Section 1335 - Flood Plains Page 14 of 19 . Subd.4 Dt:cisions. The Board shall arrive at a decision on the appeal or variance in accordance with Section ] 355. In granting a variance the City may prescribe appropriate conditions and safeguards, which shall be in conformity with the purposes of this Section. . Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be punishable. A copy of all decisions granting variances shall be forwarded by mail to the Commission of Natural Resources within ten (10) days of the action. Subd.5 Appeals. Appeals from any dccision of the Board may be made. as specified in the City's Offi('ial Controls and also Minnesota Statutes. Subd.6 Flood Insurance Notice. The City Administrator shall notify the applicant for a v;uiance that: A. lhe issuance of a variance to construct a structure below the base flood level will result in increased premium rates for tlood insurance up to amounts as high as $25.00 for $] 00.00 of insurance covcrage: and B. Such construction below the I DO-year or regional flood level increases risks to lifc and property. The notitication shall be maintained with a record of all variance actions. Subd. 7 Record Kt:eping. A community shall maintain a record of all variance actions. including justitication for their issuance. and report the variances issued in its annual or biennial report submillt:d to the Administrator of the National Flood )nsurance Program. 1:'35.26 Gcneral Application, Permit, {1st:. etc.. Requirements. Subd. ) Certitieatc of Zoning Compliance. It shall be unlawful to use. occupy, or pennit the ust: or occupancy <If any building or premises or part thercof created. erectcd. changed. converted, altered. or enlarged in its usc or structure until a Certificate of Zoning Compliance . shall ha\'e been issued by the City Administrator stating that the use of the building or land conf()rms to the requirements of this Section. Subd.2 Construction and Use to be as Provi(kd. Permits. Conditional Use Penn its. or Certificates of Zoning Compliancc issued on the basis of approved plans and applications authorize only tht: use. arrangement, and construction set forth in the approved plans and applications, and no other use, arrangemcnt, or construetion. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Section and punishahle. Subd. .3 Record of First Floor Llevation. The Building Inspector shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structure in the flood plain. The Building Inspector shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. 1335.27 Suhdivision Requirement. Ncw manufactured home parks and expansions to eXlstmg manufactured home parks shall be subject 10 the provisions placed on subdivisions by this code. S~etil>1l I.US.. FIOlld Plains Page 1<; pf ,<) . 1335.28 Placemcnt Restrictions. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood p)ain . districts shall bc treatcd as a new structure and may be p)aced only if elevated in compliance with this code. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with this code. then replacement manufactured homes shall not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. 1335.29 Anchoring. All manufactured homes shall be securely anchored to an adequately anchored f(llIndation system that resists flotation. collapsc and lateral movement. Methods of anchoring may include. but shall not be limited to, use of over-the-top or frame tics to ground anchors. This requirement is in addition to applicable state or )ocal anchoring requirements fix resisting wind forces. 1335.30 !-:xemption Criteria. Travel trailers and travel vehicles that do not meet the exemption criteria specified in this Subsection shall bc subject to the provisions of this chapter and as specifically spelled out below: Subd. ) Gcneral Exemption. Travcl traikrs and travel vehicles shall be exempt from thc provisions of this Section if they are placed in any of the areas listed in Paragraph B. below and they meet the following criteria: ^. Have current licenses fl'quired for highway usc. B. Are highway ready meaning on wheels or the internal jacking system. are attached to thc site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. C. The travel trailer or travel vehicle and associated use shall be pennissible in any preexisting. underlying zoning use district. . Subd.2 Area Exempted For Placement of Travel/Recreational Vehicles: A. Individual lots or parcels of record. B. Existing commercial recreational vehicle parks or campgrounds. C. Existing condominium type associations. Subd. 3 Loss of Exemption. Travel trailers and travel vehicles exempted undcr this Section lose this exemption when development occurs on the parcel excceding $500.00 for a structural addition to the travel trailer/travel vehiele or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structurcs will thcn be treated as a new structure and shall be subject to the elevation/flood prooling rcquirements and the use of the land restrictions specified in this code. Subd.4 Parks, Campgrounds. Subdivisions. New commercial travel trailer or travel I vehicle parks or campgrounds and Ilew residl'ntial type suodivisions and condominium St'clion 1335 - Flood Plains Pagt'J6ofl9 . associations and the expansion of any eXlstmg similar use exceeding five (5) units or dwelling sites shall be subject to the following: . A. Any new or rep)acement travel trailcr or travel vehicle shall be allowed in the Floodway or Flood Fringe Districts provided the trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road aCl:ess to the site exists in accordance with this code. No fill placed in the floodway to meet the requirements of this Section shall increase nood stages of the one hundred (100) year or regional flood. II All new or replacement travel trailers or travel vehicles not meeting the criteria of Paragraph A above may. as an alternative. be allowed as a conditional use if in accordance with the following provisions and the provisions this code. The applicant shall submit an emergency plan f()f thc safe evacuation of all vehides and people during the one hundred ( 100) ycar flood. The plan shall bc prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the cvacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles shall be protected or constructed so as to not be impaired or I:ontaminakd during times of nooding in accordance with this code. 1335.31 Non-Conforming Uses. A structure or the use of a structure or premises which was lawful before thc passagc or amendment of this Code but which shall (wt be in Cllnformity with the -......-... I provisions of this Section sbalJ.I;1~~uiJj~(;t t9th" f()))o~viJlg:,. Deleted: ma~ he n'ntiTlued subjet'IIO ~_.I~l: .1~)II~:\:.ing (:.~).~l.~~~.!.(lns: -........-... ...-- I Subd.l NO!lcQJl[()Tll}ing l,!ses, UlJi)qings,..and Lpt!i.c._.L\IIIIl"!!!<:.QnlgfllVI)g us"s~HIJ.!!i Idjngs, ........ -. aDd 19ts.5h,!lliJe subleeL!oth" prQvi~io!lS i_(l~!,~c,:!iOILL:L'ill" Deleted: Inl..oI(,;t!>C. No ~Udl u::>{' ~h:11I "'e expanded, changl'd. t:olalf'!'cd. (If altt'lcd m a \\ ay whidl ITIUl'i:lSeS lis Suhd.2 Alteration Protection. Any alteration or addition to a nonconf(lrming structure or IIl'I1l'C'I1ll11llIlt). nonconforming use which would result in increasing the flood damagl: potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance . I with any of the elevation on till or flood proofing techniques (i.e., FP-) through FP-4 1100d ..-...- . proofing classifications) allowable in the State Building Codc.c-,'(~!,~pt,asIg~triGJ.c~UI!.SeGliQ!:! Deleted: . excepl a5.IUJ1her reslnc:lt?'d III n~Q, Suhdl\'ision .;. ..-.- --.- ..- - I. -..-......-. Deleted: Subd. .;. RcslriCIJOIlS on. .1335.32 Designation Removal. The flood plain designation of the Onicial Zoning Map shall not DlSclmtinualwn tof.. and Destructillll llf N1.lOct1llfonning Uses and SIHU.:tUICS. be removed froJll flood plain areas unless it can be shown thaI the designation is in error or that the Rt'5trlCIWIlS (iO, discontinuation of. and arca has been filled to or above the elevation of the rcgional flood and is contiguous to lands outside lht' dl'slruclion of TlpnWnfllIming stml.:tuH'S ('If uses shall be in aC((lJdancc the flood plain. Speeial exceptions to this rule may be perJllitted by the Commissioner of Natural With Sl,\;timl I ~:50.~! --..--....--. ...-.-- .--.--.-. ..- Resources if he or she determines that. through other measures. lands arc adequately protected for the intended use. 1335.33 Agency Approval. All amendments to this Section. including amendments to the Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive prior FJ-:MA approval before adoption. The Commissioner of Natural Resources shall be given ten (10) days written notice of all Section] 335 - Flood Plains Page J7 of 19 . hearings to consider an amendment to this Section and the notiee shall include a drati of the Scction amendment or technical study under consideration. 1335.34 Enforcement and Penalties for Violation. . Subd. ] Misdemeanor. Violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by state law. Subd.2 Other Remedies. Nothing contained in this Section shall prevent the City from taking any other lawful action as is necessary to prevent or remedy any violation. Such actions may include but shall not be limited to: A. ]n rcsponding to a sw'-pccted Code violation, thc City Administrator and City Counci) may utilize the full array of enforcement actions available to it. including but not limited to, prosecution and fines. injunctions. atier-lhe-fact permits, orders for correctivc measures or a request to lhe National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to l'11force these official controls and to correct Code vio)ations to thc cxtent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. B. When a Codc violation is either discovered by or brought to the attention of the City Administrator. the City Administrator shall immediately investigate the violation of the official control. As soon as is rcasonably possible. this information shall be submitted to the appropriate Department of Natural Rcsources' and Federal Emergency Managemcnt Agency Rcgional Office along with the City's plan of action to correct the vio)ation to the degree possibk. C. The City Administrator shall notify the suspected party of thc requirements of this Section and all other Official Controls and the nature and extent of the . suspected violation of these contro)s. ]f the structure and/or use is under cO!1struction or development, thc City Administrator may order the construction or developmcnt immediately halted until a proper permit or approval is granted by the City. ]f the construction or development is already completed. then the City Administrator may cither: I. Issue an order identifying the corrective actions that shall be' made within a spccified time period to bring the use of structure into compliance with the official controls. or 2. Notify the responsible party to apply for an aticr-lhe-fact permit/development approval within a specified period of time not to exceed thirty (30) days. D. If the responsible party does not appropriately respond to the City Administrator within the specified period of time, each additional day lhat lapses shall constitute' an additional violation of this Section and shall be prosecuted Section 1335- Flood (>Iains Pagel8oft9 . accordingly. The City Administrator shall also upon the lapse of the specified response period notify the land owner to restore the land to the condition which existed prior to the violation of this Section. . . Section 1335 - Flood Plains Pagel'lofl9 . Section 1340 - Adult {Jses 1340.01 Findings and Recitals. . Subl!. I On Man.:h 9. 199R. the City ('<'unei] enacted an interim ordinancc (Ordinance InOS) creating a moratorium on the establishment of adult uses within the City and directing thc City Staff to conduct a study to determine how best to regulate such uses. The scope of the study was to include. bulnot be limited to. the following: A. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses: B. The density and concentration of adult uses: and. C. The dTect of adult uses on other uses in the surrounding area. Subd.2 \ !pon completion of the study. the matter was to be considered by the Planning Commission li,r its review and recomHlendation to the City ('ouncil. The study has been completed and the Planning Commission has reviewed the study and has passed its recommendation to the City Councilli,r review. The City Council has also reviewed the staffs study and duly considered the n:coIllTTlendatit,n of the Planning Commission. The staB's study Cl'ntained copies of certain reports specifically including a report which was prepared by the State Attomey General entitled "Report of th~: Attomey General's Working Group on Regulation of Sexually Oriented Businesses". dated June 6. 19R9 (the "Report" ). The RepOt1 considered evidence Ii-om sllldit:s conducted in Minneapolis. 51. Paul. and many other cities throughout the ctntlltry relating to scxually oriented husinesses. The City Stafl Planning Commission. and City Council have reviewed the Rep<,rl. . The Report. based upon the above referenced studies and the testimony and evidence it concluded. among l,ther things. "... that sexually oriented husinesses af(~ associated with high crime rates and depression of property values. . .." Prior to the issuance of the RepOJ1. the State Attorney General's Working Group also heard testimony that" . . . the character of a neighh<,rhood can dramatically change when there is a concentration of sexually oriented husint'sses adjacent to rcsidential property." The I{eport found and Cllllcluded that: A Adult uses have an impact on the neighborhoods surrounding them, which is distinct Ii-om the impact caused by other comml'reialuses: B. Residential neighborhoods located within close proximity to adult theaters. bookstores and other adult uses experience increase crime rates (sex-related crimes in particular). lowered property \'alues. increased transiency. and dencased stability of ownership: C. The advlTse impacts which adult uses han' on surrounding areas diminish ,IS S,'dion I.HO .,\dull tis,", I'al!c I lOr '-' . the distance from the adult uses increases: D. Studics of other cities have shown that among the crimes which tend to increase either within or in the near vicinity <,f adult uses arc rapes. . prostitution. child molcstation. indecent exposure and other lewd and lascivious behavior: E. The City of Phoenix. Arizona study confirmed that the sex crime ratc was on thc average fivc hl,tn!Jre<L(SOO) percent higher in areas with sexually oriented businesses: F. Many mcmbers of the public perceiyc areas within which adult uses arc located as Icss than other areas which do not have such uses: G. Studies of other cities have shown that the values of both commercial and residential properties eithcr are diminished or fail to appreciate at the rate of other comparablc properties when located in proximity to adult uses: and H. The Indianapolis. Indiana study established that professional rcal estate appraiscrs believe that an adult bookstore would havc a negative effect on the value of both residential and commercial properties within a onc to thrce block area of the store. Subd.:l The Ardcn Hills City Council linds the chara<:leristics of Arden Ilills are substantially similar to those of the cities cited by tht, Report whcn considering the allccts of adu lt uses. The Arden Hills City Council finds. bascd upon the Report and the studies cited thcrcin, that adult uses may have advcrsc secondary effects upon certain pre-existing land uses within the City, and that the public health. safety. and gcneral welfare will be promoted if the City adopts regulations regarding adult uscs. The Arden Hills City Council finds that thc adverse secondary cffects tend to diminish if . adult uses in the City are regulated by locational and liccnsing requiremcnts. Subd.4 It is not the intcnt of the City to prohibit adult uses from having a reasonablc opportunity to locate within the City. The City's current zoning ordinance does not addrcss such adult uses. which have becn found by othcr municipalitics to cause similar adverse secondary effects. Specifically. the City Council is concerned that thc City's zoning ordinance may bc inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. Subd.S In addition to the proper zoning classification of such uses. there are a numbcr of significant planning and land use issues pertaining to the regulation of such uses. including the following: A. The particular zoning districts in whil~h such uses should be allowed as either pcrmitted or conditional uses. Section 1-'40. Adull t'ses Page 2 of I.' . I B. The concentration and density of such uses m the City and its neighborhoods. . C. The effect of such uses on other uses in the surrounding area. 1340.02 Definitions. . tor thcJ1!!!J2Q~<::~Qrlhis Section, the t~)lIowing tcrlT1~_~h~LLhcdclincd as set jt)rth hel<,~~: Subd. 1 Adult Establishment. Adult Lstablishment means: A. Adult Patronage. Any business that IS conducted cxclusively for thc pJlronage of adults and that excludcs minors from patronage. either by operation of law or by the owncrs of the business: B. Receipts: Floor Area: T)l)("S of Merchandise. Any busincss that (i) dcrives t\Venty~t!.v.~.J2S1n!;I.~~~lltor more of its gross rcceipts during any calendar , month fi-om. or (ii) devotes by~!ltY_:.fi.y~_(251'p(:r(;ent or more of its floor arca I (not including storerooms. stock arCJs. bathrooms. basements. or any I portion of the busin(~ss not open to the public) to. items. mcrchandise. dcvices or other materials distinguished or characterized hy an emphasis on I I~laterial de?i~~ing. e~pos!t~g. describing. discussing. or relating to Spccified HU______.. I Sexual ActiVItIes or SpccIlied Anatollllcal Areas; or : ~or~~tted:!ont: Tim~s__~~__~". ......J I Formatted: rant: Times New I C Adult Usage. Any business that engages in any Adult Usc. . For~~~~;:.F:",t: TiIll~,~;~,""'H""- IS~'btl.i Adult U~~~:'--(i~~~rally. :'i\\!J!ItH_Jb~~C_ --;~e premises. -- ~l)tcrprj;~~~ 11 :::::::: ~:~:: ~:~ ~:: .., I .cst,.,hlish!I!~:m~~businesscs (~r ph~~~__\m~It-'\)HS9!11~_QL_ill.-'-'1~mbe~s ?Lthe public.-,!t.LW in.;ormatted:F~~;:T,;"es New ,which, th<::r~----'-~n,IJ)_t;JDphasls ()rl-'b<::_m~scnlaJ.!9.nLc!.!~play, \kP-!~-'.!QD orde_~~DJ1!!~'n of I :,.==-c-::,-".,....H .._~-c--." .... . .. .. . . . . Detet ." !\dul' II ~cs" indude ~1~\UIt Sp_~!ficd Sexl~,!LA<Jlvltl~..9LSpeCllied ^Dat~)]nlcal J\r(:"_a~_~_!~h ar(:"s.~p,;:I.ble 01 !;>clIlg buo. s~;'s.'adUIt m~li~>rI plelure .~.~~(:"n,..h(:""u',. ()r.sm.l':JI(:"QJ~Y_m~mpl;rs. ()fth.l':pubIi~,.AdlJH_l!~!;",:>jD(;lllde,hI,JJm;:Jr(:".!lot lill'!iJq! I IheatClS. adult mini-mollon picturo . to the follo\vlnu. I tht'alt'rs. adult mas.."ilgt'. parltns. a.d.u!1 ~:-"..'::"::'~~:""" ....... . .... .o:~_.~_ ,__._._... .. _ _... .____ ..--- ." ~~l;llll;C~~::;~~:o~~~~";<:;~~~l:. :1~~~::lJes. A \d I f' d'T)' . ,S ,. ,..,LI"I .L' ... ,".., .'d' heallbispC>11 dub,. adult eab'ords. "dult . / U t '0 Y attltmg, tUt 10. An cstalJ IS lment 01 lJusmess \\ lie I pro\ I es nu\-oll\. bU';lIo,sos. adullllOl"'" the service of applying paint or othcr substance. whether transparent or non- pie\\If; a,.""los. ad\llt ITIl,Jding . . sludlos adult holels/lIH>TCls. aJuh blld\ transparent. to or on the body 01 a patron when such body IS wholly or paintin~ studic", alld 01110. prc'mis,',. . partially nude in terms of "Spccilicd Anatl,mical Areas." elllerprisos.orostahlisIIlTlen"_ husmcss(:s or plch.7es vpcn 1(. some l'r ~ln 1lI~lTIbl:"rs of the public all)J ill B. Adult Bookstore. A huilding or portion of a building used for the bcu1er. wlneh there is an emphasis 011 the I I f. ..' ., (' t- II . I , , I prese"tal"'". dlSpla}. dCPlClIC>ri '" renta or sa co ttems eonslstttlg oj pnnte< matter spect tca y mc It( c<. )ut JeSl"liplimll\rSpecilie" Soual not limited to. greeting cards). pictures. slides. rccords. audio tape. ..\Iti\'ili",or Speedied Allalomie'" ., .. lil'f h L 'Id' . I' L 'ld" A""lSwllldlareeapabloolbelIl~'el'Jl. \'j( eotape or motIon pIcture I m I suc "III mg or portIOn 0 a l,UI . mg IS heard. or smelled by lTIembels ollhe not open to the public generally but only to one or morc classes of the public puhlic Acti\itics and mllllors I d. . b . 'f' b . I .. t' da,,,r,od", obscene as defined 0) I exc u mg any mmor y reason of age or I a su stantla or slgtll Icant MlIlllo,,>ta Stalules 617.~~1 arc nol I portion of such items are distinguished or charactcrized by an emphasis on includ,d ", an Adlllt Use ,".1 "I'". h d .. d" f S '{- d S I .. . S 'f- d I'lOhloll"" m th< e,t} 01 Ardl"TIllrlh. I t e epl.ctlon or . escnptlOn (l ". pect Ie ,exua ActIVllles or ,pen Ie Adull Use' metlldo but are 1I0111lnit",1 Anatomleal Arcas._t.".~~I."J1o\\III~:u.._____ ; .._.___...... ...n......__..__.... . Formatted: Font: TImes New .....--..-..--.. ...------- Formatted: Not Highlight Secl;on 1340 - ..-\<11111 t'Sl:S Page} "f 1.1 . C. Adult Cabaret. A building or portion of a building used for providing dancing or other live entertainmcnt. if such building or ponion of a building excludes minors by virtue of age or if such dancing or other live entertainmcnt is distinguished or characterized by an emphasis on the . prescntation. display. depiction or description of Specifil'd Sexual Activities or Specified Anatomical Areas. D. Adult Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or li~1cning to conversation, talk or discussion betwcen 3n employee of the establishment and a customer. if such servIce tS distin!:,'1Jished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Art'as. E. Adull Conversation/Rap Parlor. A conversationlrap parlor which excludes minors by reason of age. or which provides the service of engaging in or listcning to conversation. talk or discussion. if such service is distinguished or characterized by an emphasis on Specified Sex ual Activities or Speci lied Anatomical Areas. F. Adult Hcalth/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas. G. Adult Hotel or Motel. Adull hotcl or motel means a hotel or motcl Ii-om which minors are speci lically excluded horn patronage by reason of agc and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Spccified Anatomical Arcas. I I. Adult Massage Parlor, Health Club. A massage parlor or heallh club which restricts minors by reason of age, or which provides the services of massage, . i I' such service is distinguished or characterized by an emphasis on Specified Sexual Activitics or Specified Anatomical Arcas. L Adult Motion Picture Theater. A building or portion of a building used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age. or if such Illaterial IS distinguished or characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by patrons therein. J. Adult Modeling Studio. A Illodcling studio which restricts minors by reason of age. or whose major business is thc provision. to customcrs. of figure Illodcls who are so provided with the intent of providing sexual stiTTlulation or sexual gratification to such customers. or who engage in Specified Sexual Activities or display Specified Anatomical Arcas while being observed. painted. painted upon. sketched. drawn, SCldpltfred. photographed. or otherwise depicted by such customers. Scctillll 1340 - Adult Uses Page 4 of 13 . K. Adult Motion Picturc Areadc. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically. electrically or Illechanically controlled or operated still or motion picture machines. . projcctors or othcr image-producing devices are maintained to show images to five or few persons per machine at anyone time. and where the images so displayed are distinguished or characlerized by an emphasis on depicting or describing Spccified Sexual Activities or Spccified Anatomical Areas. l.. Adult Novelty Business. An establishment or business engaged in the sale of novelty items which: I. Restricts minors by reason of their age: or ") lIas as its principal activity the sale of deviCl:s and other products which: a. Stimulate human genitals or dcvices which arc dcsigned to create sexual stimulation or cxcitcmenl; or. b. Are otherwisc dcsigned to stimulate or arouse sexual excitement in any manner whatsoevcr. spccifically including, but not limited to, items such as intlatable dolls or similar dcvices; or, c. Is distinguished or characterized by an emphasis on Spccified Sexual Activities or Specified Anatomical Areas. M. Adult Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or beat bathing room used for the purposc of pleasure, bathing. relaxation. or reducing utilizing steam or hot air as a cleaning. relaxing or reducing agl'nt, if the service provided by thc sauna tS distinguished or charaeterizcd by an emphasis on Specified Sexual . Activities or Specified Anatomical Areas. N. Adult Steam Room/Rathhouse Facility. A building or portion of building used for providing a steam bath or heat bathing room used for the purpose of pleasure. bathing. relaxation. or reducing. utilizing stcam or hot air as a cleaning. relaxing llr reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the stcam room/bathhouse f~lcility is distinguished or characterized by an emphasis on Speci fied Sexual Activities or Specified Anatomical Areas. Subd.~ Specified Anatomical Areas. "Specified Anatomical Areas" are defined as follows: A. Female. Less than completely and opaquely covcrcd human genitals. pubic - region. buttock. anus. or female breast(s) below a point immediately above the top ot"the arcola: and. B. Male. Human male genitals in a discernibly turgid state, even if completely ~e<:li,," 13-10 - ..\dult Us<:s Page 5 of t.~ . and opaquely covered. Subd.4 Spt'cified Sexual Activities. "Specified Sexual Activitics" are defined as follows: . A. General Sexually Oriented Acts. Actual or simulated: 1. Scxual intercourse: 2. Oral copulation: 3. Anal intercourse: 4. Oral-anal copulation: 5. Bestiality: 6. Direct physical stimulation of unclothed genitals: 7. Flagellation or torture in the context of a sexual relationship: R. The use of excretory functions in the context of a scxual relationship: or. 9. Any of the following sexually-oriented acts or conduct: anilingus. buggl'ry. coprophagy, coprophilia. cunnilingus, fellatio. necrophilia, pederasty, pedophilia, piquerism, sapphism. zooerasty: or B. Genitalia. Any clear depiction of human genitals in the state of sexual stiTTlulation, arousal or tumescence: or C. Certain Uses and Activities. Use of human or animal ejaculation, sodomy. . oral copulation, coitus, or masturbation: or D. Touching. Fondling or touching of nude human genitals, pubic region. bUllocks, or female breast: or r. Nature of Clothing, or l.ack Thereof. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged III activities involving the Ilagellation. torture. fettering. binding or other physical restraint of any such person: or F. Animals. Erotic or lewd touching. fondling or other sexually-oriented contact with an animal by a human being: or G. Irrigation. Human excretion, urination. menstruation, vaginal irrigation. B40.03 Regulation. Scction 1340 Adult l'Sl'S Page 6 or 1-' . SlIbd. I Location Restrictions. The restrictions set forth below shall apply to the location of Adult Establishments. . A. No Adult EstablishTTlent shall be operated or maintained except within the B4 zoning district pursuant to a con<J.!tigna!.use p~rlT!.it more rully described in S~clioDl}S.5,Q4Sl!Pt.JL and B. No Adult Establ ishment shall be operated or maintained within (me l1LQ.!!,,,,!!)<;L( I 0(0) feet of any residential district. The distance requirements provided for in this .~(~Jj_9Jl5hall be measured as set forth in Section !J2.Q of the Zoning Ordinance. Subd.2 Sign Requirements. In addition to the requirements of Chapter 12: Sign Regulations all businesses rcgulated under this chapter shall comply with the following sign requirements: A. All signs shall he wall signs. B. No merchandise or pictures or the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed fi-om a public street or sidewalk in front of the building. C. Window areas shall not be covered or made opaque in any way. D. No sign shall be placed in any window. E. A one CD square root sign shall be placed on the door of the cstablishment to state hours of operation and admittance is limitcd 10 adults only. . F. Where any provisions of this section conflict with Sign R~lwl~tions. thc provision that is more stringent shall bc applied. SlIbd.3 Physical Layout of Business. Any Adult Establishment having available li)f customers. patrons or members. a booth. room or cubicle for the private viewing of any Specitied Anatomical Areas or Specified Sexual Activities must comply with the following requirements: A. Each booth, room or cubicle shall be totally accessible to and ti-om aisles and public arcas of the Adult Establishment and shall be unobstructed by any door, lock or other control type devices. B. Every booth. room or cubicle shall meet the following construction requirements: I. I:ach booth. room or cubicle shall be separated from adjaccnt booths. rooms and cubicks and any non-public areas by a wall. Section 1340 - Adult lIses rage 7 of 13 . 2. Have at lcast one side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone occupying the area. 3. All walls shall be solid and without any openings, extended fi-om the . 1100r to a height of not less than six feet and be light colored, non- absorbent, STTlooth texturcd and easily cleanable. 4. The floor must be light colored. non-absorbent smooth textured and easily cleanable. S. The lighting level of cach booth, room or cubicle whcn not in use shall be a minimum oftell.JIO} foot candles at all times, as measured from the 1100r. C. Only onciU individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth. Subd.4 License Requircd: Number of Licenses Available. A. From and after the ctfective dale of this Co_d~_no Adult Establishment shall be operated or maintained in the City of Arden Hills without first obtaining a license to operate issued by the City. B. A Iicensc may be issued for only one Adult Establishmcnt located at a fixed and certain place. Any person, partnership or corporation which desires to operate TTlore than oneJ I) Adult Establishmcnt shall have a separate license for cach such business. C. No Iiccnse or interest in a lict'nse may be transferred to any person. partnership. corporation, or othcr entity. . D. Only onc..o) licensed adult establishment may be opcrated: I. Within a single building: or, 2. Upon a single tax parcel. E. No more than three (3) licenses for an Adult Establishment may be issued and active at any givcn time. Subd.5 Application for Licenst'. A. Any person, partnership or corporation desiring to secure a liccnse shall make application to the City Clerk. B. The application !i)r a Iiccnsc shall be upon a form provided by the City. Sccliol) 1340 .. Adult Uses Page S of I_~ . C. An applicant shalllilmish the following information: 1. Names, addresses and dates of birth of applicant and spouse if any. . 2. Written proof that the applicant is at least eighteen years of age. 3. Address of the Adult Establishment to be operated by the applicant. 4. The name of the City. County and State, if any, where the applicant previously operated an Adult Establishment. 5. Whether the applicant has ever been convicted of a lelony involving sexual conduct. the use or distribution of controlled substances or the use or distribution of a dangerous weapon. If the answer to the last is Yl"S. state the jurisdiction in which the offense or otfenses oecurred. The applicant may attach any explanation he or she deems appropriate. 6. If the applicant is a corporation (partnership/LLC/trust or other business entity which is not a natural person), the name of the corporation. the date and state of incorporation, the name and address of the registered agent and the name and address of all share holders owning Illore than live15J percent of the stock in said corporation and all officers and directors of the corporation. D. Within sixty (60) days of receiving a completed application for a license, the City Clerk shall submit the application to the City Council for approval or denial. E. Failure or refusal of the applicant to give any infi:mnation relative to the investigation of thc application shall constitute grounds tor denial of the license. . SubcL () Standards lor Issuing Licenses. A. To receive a license to operate an Adult Establishment. an applicant must meet the following standards: 1. The applicant must be cighteenl1JD years of age or older. 2. The applicant or his or her spouse has not been denied a similar license by any other city, county or state within the preceding twelve months or has not had such a license revoked or suspended within the preceding twelve months. ., All current real estate taxes have been paid on the licensed premises. .,. 4. The licensed preTTlise meets all the provisions of this ~e<::-,j.Q!LaS well as all building and fire codes. St:ctillll 040 - Adult llscs Pa!!t' <) of 13 . S. The applicant or spouse has not been convicted of any felony involving moral turpitude. pro~1itution. obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws. or the use or distribution of a . dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant. 6. All license and investigation fees required by this Chapter have been paid. B. For the purposes of this section the term "applicant" shall include an individual. all persons having a financial interest in a partnership or joint venture. and. in the ease of a corporation (partnership/LLC/trust or other business entity which is not a natural person), all officers. directors and stockholders required to be named in the application. C. All police. fire and building code investigations shall be completed within twenty-oneJ2J) days after the date the completed application is filed with the City Clerk. Upon a showing of good cause and reasonable diligence on the part or an investigator, the City Council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time period shall be deemed to be waived. Suhd. 7 License Fees. A. The annual license fee to operate an Adult Establishment shall be determined by the City Council by resolution. B. In addition to the annual license fee. an investigation fee in an amount determined by the City Council by resolution shall be paid at the time of the initial license application. . C. All appropriate fees shall be submitted along with the application for a new or renewal license. D. If an application is denied. the license fee. but not the investigation fee shall be refunded to the applicant. Subd.X Display of License. The license shall be displayed in a conspicuous public place in the Adult Establishment. Subd.9 Renewal of License. A. Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 3] st of each year unless sooner revoked by the City Council. and must be renewed before operation is allowed in the following year. B. Applications for renewal must be submitted with the annual license fee to the City CJerk not later than sixtY16Q) days before the license expires. Section 1340 - Adult \ Ises I'agc JO of 13 . C. Renewal of a license may be issucd by the City Clerk unless the Clerk iinds cause for not renewing the license in which case the Clerk shall suhlllit the . ren(:wal application to the City Council prior to the expiration of the license. D. No license for which application for rt:llewal has been timely made shall be deem cd to expire until the City Council has rcndered its decision not to I renew a license. No application for renewal of a license may be denied by the City Council until alter the applicant has received ten.(!~n) days written notice of a public hearing before the Council. The applicant may appear with or without counsel at that public meeting and may prcsent such evidence and witnesses. as he or she deems appropriate. Subd. 10 Rcvocation of License. A. The City Council shall rcvokc a license for any of the following reasons: 1. Discovcry that false or misleading information or data was given on any initial or renewal application or matcrial facts was omitted from any such application. 2. The operator or an employee of the operator violates any provisions of I this S_ection or any rule or regulation adopted by thc Council pursuant to this Sg<:-')(l!1. provided, however. that in the case of a first offense by an operator where the conduct was solely that of an employce the penalty shall not excecd a suspension of thirty days if the Cnuncil finds that the operator had no actual or constructive knowledge of such violation amI could not by the nercise of due diligence have had such actual or eonstructive knowledge. 3. The operator becomes incligible to obtain a license. . I 4. Any cost or fee required to be paid by thi;;(gQt: is not paid. 5. Any intoxicating liquor or cereal malt beverage is served or conslllTIl'd on the premises of the Adult Establishment. B. The Council. before revoking or suspending any license, shall give the I operator ten.Um days written notice of the charges against him or her, and an opportunity for a public hearing before the Council at which time the operator llIay appear with or without counsel and may present such evidence and witnesses as he or she det'ms appropriate. C. The transfer of a license or any intcrcst in a lin:nse shall automatically and immediately revoke thc license. D. Any operator whose licensc is revoked shall not be c1igibJc to receive a Iicensc for one year from the date of revocation. No location or prclllises for which a license has been issued shall he IIsed as an Adult Establishment li,r Seclioll 1340 - Adult l.I,e, I'agc II "I" U . I sixl.{>) months from the date ofrevocation of the license. Subd. I] Responsibilities of Operator. . A. Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be dccmed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator. or as a result of the operator's negligent failure to supcrvise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. B. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemcd the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed. C. No employee of an Adult Establishment shall allow any minor to loiter around or to fi-equent the Adult Establishment or to allow any minor to view Specified Anatomical Areas or Specified Sexual Activity at the Adult Establishmcnl. 0. Thc operator shall maintain the premises in a clean and sanitary manner at all times. E. The operator shall maintain at least ten-foot candles of light in the public portions of the establishment, including aislcs, at all times. However, if a lessor level of illumination in the aisles shall be neecssary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an I aisle, a lesser amount of illuTTlination may be maintained in such aisles. provided, however, at no time shall there be less than om~_(1) foot candle of . illumination in said aisles as measured from the floor. F. All business transactions shall occur within the licensed building. G. No eTTlployee shall have been convicted of any felony involving moral turpitude, prostitution. obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by Minnesota laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee. II. The operator shall ensure compliance of the establishment and its patrons with thc provisions of this Chapter. Subd. 12 Exclusions. All public and private schools locatcd within the City of Arden I Ii lis are exempt fi-om obtaining a license hereunder when instructing pupils in sex education as part of its curriculum. Scction 1340 .. Adult lI~s Pagc 12 of 13 . I Subd. 13 No Minors. No pcrson under the age ofc:igh1eel)j 18) shall be perrnitlcd to be prcscnt in an Adult Establishment. . Subd.14 !lours of Opcration. The hours of operation for any business licensed under this Chapter shall be between 9:00 AM to midnight. Subd.15 Pcnalties A. Any individual. partnership or corporation (partnershipil.l.C/trust or other business entity which is not a natural person) who is found to have violated thc provisions of this Chapter shall be guilty of a misdemeanor and shall also be subject to rcvocation of any licens(:. I B. Each violation of thi~_(()<1c shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense. Subd.16 Enforcement. Members of the law enforcement agency providing service to the City. the Fire Marshal. or designee. the Building Of1icial or designee :md the Zoning Administrator or designee. shall have authority to enter any Adult Establishment at all reasonable timcs to inspect the premises for the purposes of enforcing this Chapter and all other applicable State laws. lire codes and building codes. [l~:;~-=~~ta~~~~~~~~~~,;;~~~~=';~~~~~~;.'j J 3-tO.05 Means of Enforcement. The- City may cnforce any provision of this Section by mandamus. injunction. or any other appropriate civil rcmedy in any court of competent jurisdiction. This Section may also be enforced by appropriate criminal prosccution. . 1340J)6 Separability. Evcry section. provision. or part of this Section is declared separable from cvery other section, provision. or part of this Section. If any section. provision. or part of this Section is adjudged to be invalid by a Court of competent jurisdiction. such judgment shall nol invalidate any other section. provision. or part of this Section. Scction L~40 -- Adult t ;ses Pa!'-c n "," u . . Section 1345 - Conditional Uses 1345.0 I Purpose and Intent. It is recognized that cel1ain uses. although generally compatihle with the hasic use classification of a particular zoning district, should not be permittcd generally and as a matter of right to he located in every area included within the zoning district hecausc of hazards inherent in the use itself or special problems which its proposed location may present. Such a use of a particular site may, nevertheless, he conditionally pennitted hy means of a conditional use permit, granted by the Council, aller the procedures set f(xth in this Code and the City's Policy Manual on Land Use Procedures have heen complied with. and the Council. on the hasis of the guidelines and criteria set forth in Chapter 1355.04 Subd 3, has determined that the facts and circumstances of the particular case warrant granting the permit. The permit shall be granted solely for the proposed use of a particular site. not for a particular person or tinn. Uses for which Conditional Use Pcmlits may be issued are classified either as Conditional Accessory Uses or Conditional Principal Uses and arc found in Section 1320 along with the zoning districts in which they may bc located. 1345.02 General Criteria. In detennining whether to grant a conditional use pemlit for the proposed principal or accessory use of a particular site, the planning commission and council shall t()lIow the procedure as set f()rth in Appcndix A, Procedure Manual. and in Section 1355 of this ordinance. . 1345.03 Changes in Conditionally Pennitted Use. Aller the conditional use pennit has been granted. the use conditionally permitted thereunder shall be established, conducted and maintained in conformity with the terms thereof, including all conditions set forth therein. Any structural alteration, enlargement or intensification thereof, or similar change not specifically permitted by the pemlit, shall require an amended pennit and all procedures shall apply as if a new pennit were being requested; provided, however, that when such changes are deemed to be insignificant hy the zoning administrator, the requirements of a puhlic hearing may be waived. 1345.04 Comprehensive Plan and Zoning Map Consistency. In the granting of conditional use pennits tt)r medium- and high-density residential uses and business or industrial uses the council shall fIrst find that the proposed developmcnt is in compliance with the adopted comprehensive development plan and the Zoning Map ft)r Arden J iii Is. hoth in terms of the various policy statements and the site location set forth therein. If such proposal is not in compliance with the eomprehcnsive development plan and zoning map, a comprehensive plan amendment and zoning map amendment application must accompany the application f()r a conditional use permit. . Sccti(lfl 1345 ConditionallJscs Page I of I . Section 1350 - Nonconforming Uses, Buildings, and Lots 1350.0 I Intent. Suhd. I Nonconforming Use of Land or Buildings. A nonconforming use ofIand or huildings may he continued suhject to the provisions of this Section, but it is the intent of this Code not to encourage its survival hecause of its incompatibility with permitted uses in the zoning district in which it is located. Subd. 2 Nonconfomling Buildings. A huilding f<:mnd to be non-confonning because of height, setbacks or lot area, may continue to exist so long as it is used for purposes peffilitted in the zoning district in which it is located and is in conformance with Section 1350.02. 1350.02 Continuation of Nonconforming Uses And Buildings. Any nonconformity, including the lawful use or occupation of land or premises shall not be expanded but may be continued, including through repair, replacement, restoration, maintenance, or improvement, unless: Subd. ] The nonconf<:mning use or occupancy is discontinued or ceases to exist for any reason for a one-year period. The building or structure constituting or containing the nonconforming use, or the land upon which the nonconforming use is heing conducted, shall thereafter he used in confomlance with the regulations of this Code applicable to the zoning . district in which it is located. Subd.2 The nonconforming use or occupancy is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value on the date immediately prior to the date on which such damage or destruction occurred as determined hy the Building Official, and no building permit has been applied for within one hundred and eighty (180) days of when the propel1y is damaged. In this case, the City may impose reasonable conditions upon a huilding pennit in order to mitigate any newly created impact on adjacent property. 1350.03 Prohibited Activitics: Nonconforming Use. Nonconforming uscs shall not be changed to a different nonconf<:mning use, enlarged, intensified, increased, extended to occupy a greater area of the lot on which it is located, or moved to any other part of the lot or building on which it is located. 1350.04 Prohibited Activities: Nonconf<:mning Building. Nonconfi.mning huildings shall not be increased, enlarged, altered, intensified, or extended to occupy a greater area or height on the lot on which the building is located, or moved to any other part of the lot on which the huilding is located in a way that augments its nonconfoffility. . Section] 350 Nonconlimlling Uses. Buildings, and Lots Page I of2 1350.05 Unsafe Building or Structure. Nothing in this Code shall be deemed to prevent the . restoration to a safe condition of any building or structure, or portion thereof, constituting or containing a nonconforming use, which has been declared unsafe by the building inspector or other administrative officer. 1350.06 Construction Approved and BebJUn Prior To Effective Date. To avoid hardship, 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. . . Section 1350 - Nonconfonning Uses, Buildings. and Lots Page 2 of2 . Section 1355 - Administration and Procedures 1355.01 Procedure for Public Ilcarings. Subd. ] Actions Requiring Public I karings. Review of certain land use procedures prescribed by this Zoning Code requires that a public hearing be held prior to action by the City. These procedures include: A. Amendments to the Zoning Code regulations; B. Rezoning of land from one district to another; C. Conditional Use Permits l()r Conditional Principal or Conditional Accessory Uses; D. Planned Unit Developments: E. Comprehensive Plan Amendments. Subd.2 Actions Where Public Ilearings May be Required. Review of certain land use procedures described herein, allow the City to hold public hearings whenever it . detcnnines that adjoining propcrty owners or other residents should be advised of a specific proposal. These procedures include: A. Variances B. Site Plan Revie\vs Subd.3 Notice of Public Hearing. A. Published Notice. A notice of the time, place and purpose of Public Hearing shaH be published in the Onicial newspaper at least ten (10) days prior to the day of the Hearing. B. Mailed Notice. Rezoning of land, Conditional Use Permits, and Planned Unit Developments, shall require mailed notice, at least ten (10) days before the day of hearing, to each owner of property situated wholly or partially within three hundred tifty (350) feet of the boundary of the Property on which the application requiring the Public Hearing is situated. The applicant shall be responsible for providing an accurate list of owners, property identification numbers, addresses and phone numbers to the Zoning Administrator as certified by Ramsey County or a title company. printed on address labels. The City shall be responsible t(lr mailing the notices to the . land owners. Section 1355 Administration and Procedures Page I PI" <) C. Referral to Others. The administrator shall also refer copies of the . application and required documentation in support thereof to other City officials who have an interest therein in accordance with the required administrative distribution schedule. D. Record of Notice. A eopy of the notice and a list of the names and addresses to which the notice was sent shall be attested to by the administrator and shall be made a part of the records of the proceedings. E. Failure of Written Notice. The failure to give mailed notice to individual property owners shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd.4 Public Hearing by Planning Commission. Within sixty (60) days after the date of receipt of the completed application from the landowner, by the zoning administrator or the City Council's initiation of the proceedings, the Planning Commission shall hold a public hearing and make a written report to the Council of its findings, conclusions and recommendations, unless the Commission, upon written request of the applicant, grants a time extension. The applicant or his representative shall be given the opportunity to appear before the Commission to answer questions or give explanations regarding the proposal. The Commission may adjourn the public hearing to its next meeting, either re!:,JUlar or special, and may continue its study and consideration of . the application at meetings subsequent to the meeting at which the public hearing was initially held. Upon completion of the public hearing and its study and consideration of the application, the Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the Council. Subd.5 Additional Hearings by Council. The Council may hold additional hearings within thirty (30) days after the receipt of the report from the Commission. If the Commission fails to make a report within sixty (60) days aner receipt of the application, then the Council shall hold a public hearing within thirty (30) days afler the expiration of said sixty (60) day period, unless the Council, upon receipt of a written request from the applicant, grants an extension of time. Failure to receive a report from the Commission, as herein provided, shall not invalidate the proceedings or actions of the Council. Subd.6 Action by Council. The Council must take action on the application within sixty (60) days following the report to it by the Commission or following a hearing held by the Council. Council action may include approval. denial or reJCrral back to the Commission. Council action may include approval in whole or in part, tabling for a specified period of time, or referral back to the Commission ft)r its further consideration and report to the Council within a specified period of time not to exceed sixty (60) days from the date of such referral. The applicant shall be notitied in writing of the Council's action. 1355.02 Procedure f()r Actions Not Requiring Public Hearings. . Section 1355 - Administration and Procedures Page 2 of 9 . Requl:sts for Variances and Site Plan Reviews do not require that a public hearing be held but the Planning Commission may determine that adjoining property owners should be invited to thl:ir meeting to oller responses to the application, prior to action by the City. Subd. I Placing Request on Planning Commission Agenda. Within sixty (60) days atter the date of receipt of the application, the Zoning Administrator shall place the request on the Planning Commission Agenda. Subd.2 Referral to Others. The administrator shall also refer copies of the application and required documentation in support thereofto other City otTicials who have an interest therein in accordance with the required administrative distribution schedule. Subd.3 Planning Commission Consideration. The applicant or his representative shall be given the opportunity to appear before the Commission to answer questions or give explanations regarding the proposal. The Commission may adjourn the discussion to its next meeting, either regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which the initial discussion occurred. Upon completion of its study and consideration of the application, the Commission shall submit its written report, containing its finding, conclusions, and recommendations to the Council and shall be placed on the next Council agenda atter the application has been considered by the Commission. At such meeting the Council shall consider the report of the Commission thereon. . Subd.4 Council Consideration. In considering applications, the Council shall consider the advice and recommendations of the Commission and may approve the request if it detennines that the request is permissible in accordance with the city standards. Such applications may be denied by action of the Council, and such action shall constitute a finding and detennination that the conditions required for approval do not exist. Suhd. 5 Action by Council. The Council must take action on the application within sixty (60) days following the report to it by the Commission or following a hearing (optional) held by the Council. Council action may include approval, denial or referral back to the Commission. 1355.03 Application Requirements for All Land Use Procedures. Subd. 1 Application. The applicant for City review of any land use procedure requiring action hy the Planning Commission and City Council shall fill out and submit to the zonmg administrator, the completed application fonn, and all required documentation. Subd.2 Documentation. Fonns describing the required documentation fix each procedure required herein are included as Appendix A, Procedure Manual and are available from the zoning administrator. . 055.04 Procedural Requirements for Specific Applications. Sl?ction 1355- Administration and Procedures Page 30[9 Subd. 1 Zoning Code Amendment. . A. Public Hearing. A public hearing is required before action by the Council. ---"_._----- B. Action to Approve. A majority vote of the full Council is required for action to amend the Zoning Code. In the event an application for amendment is approved, an appropriatc amending ordinance shall be _._.. _~~_cuted and publishe~~_._____._.____.__________ Subd.2 Rezonings. A. Consistency with Comprehensive Plan. If a proposed rezoning is not consistent with the Arden Hills Comprehensive Plan the applicant shall apply for a Comprehensive Plan Amcndment concurrently with the application for rezoning. Written and graphic documentation shall be provided by the applicant, showing why the proposed amendment is superior to the existing Plan and changes that have occurred that make the Amendment appropriate. B. Public Hearing. A public hearing is required for a Comprehensive Plan Amendment and for the rezoning. -.----.----..- --_. . C. Action to Approve. A majority vote of the full Council is required for action to rezone property from one district to another and for a Comprehensive Plan Amendment. In the event an application to rezone is approved, an appropriate amending ordinance shall be executcd and published. Rezoning amendments shall describe the property rezoned by its legal description, and shall be indicated on the official zoning map, but it shall not be necessary to re-publish said zoning map to effectuate the rezoning amendment. D. Business and Industrial District Rezoning. Before any new area is rezoned to a business or industrial classification, the property must be located adjacent to an artcrial or collector road as shown on the Comprehensive Development Plan, or the rezoning will be an extension of an existing business or industrial district and in conformance with the intent of the Comprehensive Plan. Rezoning a residential district to a non-residential _____ district sha!I require four-fift~~i~?l!J:?pro_~aI of the full Council. -- Subd.3 Conditional Use Permits. A. Public Hearing. A public hearing is required. B. Action to Approve. Action to approve a conditional usc permit requires a majority vote of the full Council and must include a determination that the . facts and circumstances of the particular case warrant granting the permit. The Council shall consider the factual findings, conclusions and Section 1355 - Administration and Procedures Page 4 of9 . recommendations of the Planning Commission, as contained in its report, and both shall consider the effect of the proposed use upon the health, safety. convenience and general welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses and structures on surrounding land; adjoining land values; park dedications - where applicable, and the orderly development of the neighborhood and the city within the general purpose and intent of this Zoning Code and the Comprehensive Development Plan for the City. C Imposition of Conditions. In the granting of a conditional use permit, the Council may impose such conditions, in addition to the general conditions and requirements of this Code to which every conditional use pennit shall be subject, as it deems necessary to serve and protect the health, safety, convenience and general welt~lre of the community. Such conditions may include, among other things, a time limit within which the conditional use or a portion thereof: or improvements in connection therewith arc to be established, constructed, completed or commenced, and a requirement that the person or firm to whom the conditional use permit has been !,'Tanted . deposit with the City either cash or a perfonnance bond in a sum equal to one hundred twenty five (125) percent of the estimated cost, as detennined by the City Engineer, of improvements to be constructed in accordance with the pemlit to insure completion thereof within the time limit specified in the permit. The conditions so imposed by the Council shall be specifically stated in the pemlit and maybe subject to periodic review as detemlined by the Council. The violation of any special or general condition set forth in a conditional use pennit shall constitute a violation of this Code. D. Permit f()r Pat1icular Site. A conditional use permit is granted for a specific use at a specific site, not f()r a person or finll. E. Designated Uses. Uses tor which conditional use pennits arc required and the zoning districts in which they are allowed are designated in the land use chart as set forth in Section 1320 hereof. No building permit shall be issued tor any use in a zoning district which requires the issuance of a conditional use pennit before it can be located in the particular district, until after the conditional use pennit has been granted by the Council. F. Discontinuance of a Conditional Use. If the use for which any conditional use permit has been granted has ceased or has been discontinued tor a period of ninety (90) consecutive days, the permit shall automatically expire and . become void at the end of such ninety-day period. Sect inn 1355 - Administration and Procedures Page 5 of9 Subd.4 Variances. . A. Public Hearing. A public hearing is not required but neighboring property owners shall be notified. B. Action to Approve. A majority vote of the Council is required for action to grant a variance. "____._.. _____._ n_____.__._____ .._---- .-- C. Intent and Purpose Variances from the literal provisions of the Zoning Code may be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Variances shall only be granted when it is demonstrated that such actions will be in keeping with the spirit and intent of the Code. "Undue hardship," as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use under conditions permitted by the Zoning Code, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if _---.!:~ason~_ble_use!~?~ the ProP~E!y exists under t~~ terms of the Code=-_ D. Variance Restrictions. In no case shall the !"Yfanting of a variance impair the health, safety, comfort and general welfare of the public, nor will it be . contrary to the intent and purpose of the Comprehensive Plan, the official map, or this or any other ordinance of the City. Variances to allow a use that is not pennitted in the district shall not be granted. E. Allowable Variances. Variances normally relate to the dimensional provisions of the ordinances such as, but not limited to, building setback lines, lot area requirements and the like but may also relate to other requirements, regulations or procedures. F. Conditions to Insure Compliance. The Council may impose conditions in the granting of variances to insure compliance and to protect adjacent properties as well as the health, safety, comfort, and general welfare of the public. G. Height Variances. Variance to height of structure may be granted in accordance with Chapter 1325.03 Subd 3. Subd. 5 Site Plan Review. A. Public Hearing. A public hearing is not required but neighboring property owners may be notified. B. Action to Approve. A majority vote of the Council is required for approval . of a site plan. Section 1355 - Administration and Procedures Page 6 01"9 . C. Building Permit. The issuance of a pennit f()f a new building or significant site modification tt)r a permitted or established use within a Multiple Dwelling Zoning District or any husiness or industJial zoning district shall require site plan approval by the City according to the procedure defined in Chapter 1355.04. Suhd.6 Planned Unit Development (PUD). A. Two or Three Stage Process. The PUD application and review procedure involves a Concept Plan (optional), a Master Plan Stage and a Final Plan Stage. B. Public Hearing. A public hearing is required at the Master Plan Stage. Thc public hearing may be combined with the public hearing for a zoning district change if a zoning district change is required and for a preliminary plat if a preliminary plat of the PUD property is proposed. C. Action to Approve.A-~ajority-~ote ---~;t-:-ti~~full (~~;uncil i-;--;:-eq~-ired fO;'J approval of the Master Plan. .._ _. - .__.___ __.. .-..__._0.. __._ ____~____ D. Effect of Concept Plan Review. The applicant t()f a PUD Concept Plan . which has been reviewed by the Council has no limitation on thc period of time in which to apply for Master Plan approval. E. Effcct of PUD Master Plan Approval. The applicant for a PUD Master Plan which has hcen approved by the Council shall apply for a PUD Final Plan or the first stage of the Master Plan within six (6) months, unless some other phasing plan has been approved by the Council or unless a written request ft)r a timc extension has been approved by the Council. F. Final Plan. The applicant shall submit a Final Plan for all elements of the Master Plan that are to be dcveloped imminently. A PUD Final Plan shall be suhmittcd tnr each stage of development/construction. G. Fina] Plan Procedurc. The Site Plan Review process in Appendix A, Procedure Manua], and the Site Plan Review procedure in Chapter 1355.04 Subd 5 shall be followed. 1355.05 City Action on Applications for Zoning Code Amendments, Rezoning, Conditional Use Permits, Planned Unit Developments, Site Plans, and Variances. Suhd. I Action hy the Council. Within sixty (60) days tnllowing the date of the receipt of the Commission's report, the Council shall act upon the application. The . Council, may only upon written request by the applicant, extend its time for consideration and action. Nothing in this paragraph shall prohibit the Council from holding additional hearings as it deems necessary within the sixty day period following the receipt of the Section 1355 . Administration and Procedures Page 7 of9 report of the Commission. In considering applications f()r Zoning Code amendments, . rezoning, special use permits, planned unit developments. site plans and variances, the Council shall consider the advice and recommendations of the Commission and may grant the request if it determines that the action is permissible in accordance with the applicable standards. Requests may be denied by motion of the Council, and such motion shall constitute a finding and determination that the conditions required for approval do not exist. Subd.2 Optional Actions. Council action may include approval in whole or in part, denial in whole or in part, tabling for a specified period of time. or referral back to the Commission for its further consideration and report to the Council within a specified time period not to exceed sixty (60) days from the date of such rderral. The applicant shall be notified in writing of the Council's action. Subd.3 Denial of Application. In the event the Council denies in whole or in part the application, it shall furnish the applicant with a written document advising him of the denial and speci fying the factual basis and reasoning upon which the denial was predicated. The application may be denied for reasons relating to public health, safety and general welfare or because of incompatibility between the proposed use and the City's Comprehensive Plan. Subd.4 Resubmission of Denied Application. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date . of said order of denial. 1355.06 Conditions for Approval of Conditional Use Permits, Planned Unit Developments, Site Plans, and Variances. Subd. I Commencement and Conclusion of Work. It is contemplated that any work involved or required by an approved application will be commenced within one (I) year after such approval and conclude within one year of the issuance of a building permit or commencement of work if a building permit was not required. This requirement is not intended to limit the authority of the Council with respect to imposition of other or different time limitations if deemed proper in the particular case. Subd.2 It shall be the responsibility of the administrator to check on these time limitations or any other limitations contained in the approval and advise the Council of any breach thereof Breach of the limitations, whether contained herein or specifically contained in the action itself, shall be grounds for canceling the approval. Subd.3 Expiration. Approval shall automatically expire and become void one (I) year from and after the date on which the Council granted such approval if the building pennit or other approved improvements have not been issued a permit by the building inspector. The Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. If the use for which any special use permit has been granted has ceased or has been discontinued for a period of . Section 1355 . Administration and Procedures Page 8 of9 . ninety (90) consecutive days, the permit shall automatically expire and become void at the end of such ninety-day period unless reinstated by the Council. Subd.4 Amendments of Site Plans, Conditional Use Permits or Planned Unit Developments. An application for amendment shall be administered in the same manner as required for a new application. Such applications shall include re-applications for permits that have been denied, revoked, or have expired; renewal or temporary permits; requests f()r changes in conditions; and such other instances as are provided in this Code. Any structural alteration, enlargement or intensifi<.:ation change in site plan, or similar change not specially permitted, shall require City action and all procedures shall apply as if a new application were being requested; provided, however, that when such changes are deemed to be insignificant by the zoning administrator, the requirements of a public hearing may be waived. Subd.5 Periodic Review. A periodic review of the pennit and its conditions shall be maintained. A violation of any condition set tc)rth in the permit shall be a violation of this Code, and shall be cause for revocation of the pennit. In the event that the Council proposes to Councilor revoke a permit, the Council shall cause written notice thereof to be given to the occupier, and owner shall have an opportunity to be heard, but not further notice need be given. Subd.6 Administrative Records. The zoning administrator shall maintain a record . of all approved, stamped and dated plans and permits issued, including inf()rmation on the use, location, conditions imposed, time limits, review dates, and such other inf(mnation as may be appropriate. Plans shall be signed by the Council Liaison to the Planning Commission and the Planning Commission Chaimlan. It shall be the responsibility of the administrator to place on the Planning Commission agenda and notify the Council of any expiring time limit, prior to expiration and/or violation of any approved applications. 1355.07 Appeals to Administrative Decisions. Subd. I Appeals. The Planning Commission shall hear any appeals where it is alleged that there is an error in any order, requirements, decision or determination made by an administrative officer in the interpretation, application, and/or enfl)rCement of this Code and shall report its findings and recommendations to the City Council for action. Subd.2 Effect of Determinations. The findings and determinations made by the Planning Commission shall be advisory only and shall have no binding efIect. The Council shall take such action on the findings and recommendations of the Planning Commission as it deems proper in the circumstances. . Sc'ction 13S5 - Administration and Procedures 8-9 . Section 1360 - Special Provisions 1360.01 Mobile Home Parks. In addition to the requirements set forth in this Zoning Code, mobile home parks are subject to the requirements contained in the Arden Hills Code of Ordinances, Mobile Homes, and amendments thereto. 1360.02 Swimming Pools. In addition to the requirements set f()rth in this Zoning Code, swimming pools are subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. 1360.03 Mining. In addition to the requirements set f()rth in this Zoning Code, mining activities are subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. 1360.04 Soil Processing. In addition to the requirements set forth in this Zoning Code, soil processing activities arc subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. 1360.05 Land Reclamation. In addition to the requirements set t()rth in this Zoning Code, land reclamation activities arc subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. . 1360.06 Signs. In addition to the requirements set forth in this Zoning Code, all signs are subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. 1360.07 Massage, Sauna And Rap Parlors. In addition to the requirements set forth in this Zoning Code, all massage, sauna and rap parlors are suhject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. 1360.08 School Bus Terminal. In addition to the requirements set forth in this Zoning Code, bus terminals are subject to the t()lIowing requirements: Suhd. I A school bus tenninal site must he located within three hundred (300) feet of an existing general education school. Subd.2 A school bus tenninal site must he located adjacent to both a major arterial and collector road and have direct access to one of these roads. . Section 136()- Special Provisions Page I of I . Section 1365 - Building Permits and Certificates Of Occupancy 1365.01 Bui]ding Permits. Subd. I No building permit or other permit pertaining to the use of land or buildings shall be issued unless such building is designed and arranged to confonn to the provisions of this Section. Subd.2 Every application for a building permit shall be accompanied by a site plan, drawn to scale showing actual dimensions of the lot or lots to be built upon, the location and size of the structures, improvement or use to be erected, altered or placed, location of required parking and loading areas, size of yards and open spaces, existing and proposed streets and alleys adjoining or within thc lot and such other intumlation required in this Chapter or in the Appendix A, Procedure Manual. The City may requcst a certified survey in addition to a site plan if deemed necessary by the City. 1365.02 Certificates of Occupancy. Subd. I No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued by the Building Official, . stating that the building and the use appears to comply with all of the provisions of this Code applicab]e to the building or premises of the use in the district in which it is to be located. Subd.2 No change in use shall be made in any building or part thereof, now existing or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued by the Building Offici a], and no such permit shall be issued to make such a change unless it is in confonnity with the provisions of this chapter. Application for a certificate of occupancy shall be made with the application i()f a building pennit and shan be issued within tcn (10) days after the ]awful erection, reconstruction or structural alteration is completed. . Sectipn 1365- Building Pennits and Certificates of Occupancy Page I PI' I . Section 1370 - Enforcement & Fees 1370.01 Enf()rcing Ollicer. Subd. I This Code shall be administered and interpreted by the administrator and enforced by the City Council through the Building Inspector/Code Enforcement Officer. The Council may institute in the name of the city any appropriate actions or proceedings against a violator as provided by law. Subd.2 The administrator shall: A. Dctcrmine if applications comply with the requirements of this Code; B. Cause the building inspector/code enf()rcemcnt officer to conduct inspections of buildings and thc usc of land to detennine compliancc with the rcquirements of this Code; C. Issue notices of Code violations when necessary. D. Maintain current and pemlanent records of this Code, including but not limitcd to, the zoning map, amendments, conditional use permits, variances, appeals . and applications. E. Receive, fIle and f()rward all applications ft)r appeals, variances, conditional use pennits and amendments to the appropriate official bodies. 1370.02 Fees. Subd. 1 The fees for the various applications of this Code shall be established by the City Council by ordinance. Such fees may be reviewed and revised by the Council periodically. Subd.2 The required fee is payable at the time of the filing of the application with the zoning administrator. Applications shall not be placed on the Plamling Commission's agenda unless the appropriate fee has been paid; however, no fee shall be charged ft)r discussion items. . Section I :no - Enforcement Page I of I ~ , ... }' 'L\.~HILLS ,- City ofA.-dcn IIills . Prepa'red bY: II.C(IUest fin- COluleil j\.(~tioll - - --.-----..-.--.---.....--. -- MO -/~"i~! __n _._ __ - -- ..- Agenda Item7D Dept.: Public Works Council Mtg. Date: 11/13/06 Motion to authorize staff to applv for a Qrant throuQh the Minnesota Final Action Needed By: DNR Local Trail Connection ProQram. Budgeted Amount: Actual Amount: .-- ----- -.-- _ ,:-un~ing Sou~ce: --- Council Action Request: Motion to authorize City Staff to apply for a grant through the Minnesota DNR Local Trail Connection Program and authorize City Staff to budget from the Park Fund in 2007 for $38,500 in expenditures and $16,750 in revenue. Staff Recommendation: Approve authorization to apply for a Minnesota DNR Local Trail Connection Grant and to budget from the Park Fund in 2007 for $38,500 in expenditures and $16,750 in revenue. , Advisory Commission Action: Commission Date Action Planning Not Applicable PTRC Not Applicable .-... Not applicable . Supporting Documents (which are attached to this Action Form): [8] Memo/Letter: Memo dated November 8, 2006 from Michelle Olson - Parks and Recreation Manager D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: [8] Other: DNR Local Trail Connection Program Information Map of proposed trail Financial Implications: The Park Fund currently has an approximate balance of $155,882. Administrator/Staff Comments: . Page 1 of 1 . ~ , . EN HILLS MI<:MORANDUM DATE: November 8, 2006 AGENDA _ITEM: 7D TO: Michelle Wolfe - City Administrator Honorable Mayor and City Council FROM: Michelle Olson, Recrcation Program Supervisor 7"',) SUBJECT: DNR Local Trail Connection Program ENe: Trail Map, Local Trail Connection Program Information BACKGROlJND The Tony Schmidt Underpass trail project was recently completed by Ramscy County Parks and Recrcation. The Parks, Trails, and Recreation Committee (PTRC) has requested staff to apply for a grant through the Minncsota DNR Local Trail Connection Program to connect this . undc'lJass trail to Pen'y Park. An aerial map of the proposed location is included for your revIew. The grade up to Perry Park is a challenge and the location highlighted is thc only feasible area for ADA compliance. Staff has figured a preliminary cost estimate for this trail segment at 538,500. There is a finy percent cash match for this program for eligible expenses. Therefore, if awarded the grant, the City must complete the project and fully pay for it, produce documcntation that shows actual expenditures and thc City will receive half of what was spent up to their grant award. Engineering fees arc not eligible for reimbursement (estimated at S5,0(0). The PTRC did kntativdy add this trail location to their strategies at their Octobcr 17, 2006, mceting. The Committee will be bringing back revised stratcgies, including this trail segment at the November 27, 2006, Regular City Council Meeting for approval. The grant has a deadline of February 28, 20C)7, and the awards will be announced sometime in July 2007. Starf does plan on bringing forward an offi.cial resolution to the City Council supporting the completed grant application sometime in February 2007. RECOMMENDATION Staff recommends a motion to authorize City Staff to apply for a grant through the Minnesota DNR Local Trail Connection Program and authorize City Staff to budget from the Park Fund in 2007 for $38,500 in expenditures and $\(>,750 in rcvenuc. . Local trail connections grants - Grants: Minnesota DNR Page 1 of 2 .' , " 11"1' v ,.'. . . . ~ ',,' ~. "'v ....... ,. ~,; I search I AI. ," I.,.!'-' ~ ' ".:..:t'~ I ,-, h Enter Keywords r~'" ~"><w~: ~:~A \ ^ ~\ . .'.i> ,:,l':';.~:l .) -:~v: lJ {.~ Site Map I Contact the DNR I What's New? I Newsroom I Events 8;. S!:asons ----.... - -......-__.__....__.n... _____.__n_.____. _ _.._ .________ ___.___..__ >MN DNRLIOln~ > A~sist~ncJ,' > G.[anr~ > R1'crealiOl! > Imiml;;rJij~ Local Trail Connections Program Grants MajlLQage Program Purpose: To promote relatively short trail connections between FinanciaL!ssistilnce prognun 11.1illri\ where people live and desirable locations, not to develop signiiicant new trails. 2006 Fqmkd(imI11S IPDFI Eligible Projects: Land acquisition and trail development. Projects must result in a trail linkage that is immediately available for use by the general public. Local/area support must be demonstrated. Acquisition of trail right-of- way is eligible only when proposed in conjunction with trail development. Lands purchased with this fund require a perpetual easement for recreational trail purposes and a twenty-year maintenance commitment by the project sponsor. Projects inside state park boundaries and state trail cOITidors and elements of the Regional Open Space System in the Twin Cities Metro System are not eligible. Who May Apply: Cities, counties, and townships. . Priorities: Priority is given to projects with residential connections to state and regional facilities. A secondary purpose of the program is to develop linkages to existing trail segments. Level of Assistance: Minimum grant - $5.000. Maximum grant - $100,000. ofhere is a 50(% "cash match" for eligible elements of the project proposal. Neither this funding source nor the "cash match" may be used to meet existing payroll (i.e.. only contract services, materials, and supplies are reimbursable). Matches may not include other state funds, Metropolitan Council Grants. or Federal Recreational Trail Grant Program (formerly Symms). Costs must be incurred and paid for before reimbursement. This grant may serve as a partial local "match" for a SAFETEA-LU (formerly ISTEA, TEA-21) Enhancement Project. General Information: Projects under the current solicitation must be completed by June 30, 2008. How to Apply: The complete application is due annually on February 28. Download the application in MS Word format: -A12P I i <;11t i QJ) . You can request an application from: lttp://www.dnr.state.l11n.us/grants/rccreat ion/trails Jocal.html 11/S/2006 ~ '" ;j'- ~~" .. ~. " tJ' ,." t , ", ~. . '", "", <..' .~ ..:t.. ,~ , I ::!:i'-Y~'J. .< ! v;' . I -, J4. . " . P~utllf r@lrr~ I ., LEGEND: !~ ~. I l(Q)~@ ~ C (Q) [(jJ [(jJ ~ ~ ~ ~ (Q) [j[] ~ Existing access road/trail N -A~_HILLS ~);,l.:J ~~'.I ',.'''; ~~h: C.~j.I:J'.b :A,:(:..Jl, t.." ~ '1,: '.'1" ,..I...I.".,.'.'....e""I.....'.,.II...'..,,:....:."'."""011..".:.","'''' h.".': ."..,:..",,:1'",'.1 (/~<~.'.-; Proposed trail (approximate location) . R,;w..,.}. C0.JPly c; :.; !llS...: ~...'hi :.';!'.~;2':1C'::='! '11.,,,,'..1. 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'.~ 1Iy" .ld:!I., 1:'.:1".'" 1l1ap Pt'IIYPClr\l..PalhwilY p.Jf '--'~._-'-'-----' ._-- -....------.....-..-.--- .. .__...._.n..__._...__. _._. _..____._.___._..__. ._. ~ n____ ...___n_......_. __.. ..... -.--.--. .._..._.n -.-._- ----.--.. _ . _... n. .__.__._ --.---....-. __ ___._ _.______. ._ __._ n_.._.._._._ n_.. _._ ._____ . ....-- .' ............ .-.--.... ....- -'. j ~ 'i'\~.HILLS City of Arden Hills .-prepared by: ~ -- _~equ~st for Counci.l .Action ..~. Agenda Item T. E Dept.: Co . Dev Proposed Evaluation Criteria for Council Mtg. Date: 11/13/2006 Final Action Needed By: PlacinQ PlanninQ Cases on the Consent AQenda Budgeted Amount: $0.00 Actual Amount: $0.00 -- -.. ~ .. ------ ---- Fu_~ding Source: ~ Council Action Request: Consider a motion to approve the criteria for placing Planning Commission cases on the consent calendar at future City Council meetings. Staff Recommendation: Staff recommends adopting the four evaluation criteria for determining if a planning case can be placed on the City Council's consent calendar. Advisory Commission Action: .................. Commission Date Action ........... ....... ....... .........- --- Planning Not Applicable . PTRC Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): ~ Memo/Letter: Report to the City Council n Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: D Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 ~ . ~~HILLS MEMORANDUM DATE: November 6, 2006 Agenda Item 7.E TO: Mayor and City Council FROM: James Lehnhoff: City PlannerV ..- SUBJECT: Evaluation Criteria for Planning Case Consent Calendar Back2round At the September 18, 2006, City Council work session, the Council requested that Staff prepare a set of evaluation criteria for detemlining if a planning case can be placed on the City Council"s consent calendar. Since many planning cases are not controversial and have a unanimous recommendation from the Planning Commission, this step would increase the efliciency of reviewing certain non- controversial planning cases at City Council meetings. . Discussion To determine if a planning case can be placed on the City Council"s consent calendar, the following evaluation criteria are proposed: . The Planning Commission unanimously approved or denied the planning case; . The City Council liaison recommends placing the planning case on the consent calendar; . There was an opportunity for the public to comment on the planning case at a public meeting prior to the City Council voting on the planning case; . There was minimal public input or disagreement regarding the planning case at the Planning Commission meeting; A planning case would need to meet all of the above criteria to be placed on the City Council"s consent calendar. As with any consent calendar item, any member of the City Council may remove a planning case from the consent calendar for additional discussion. The City Attorney was consulted about this proposal, and he stated that there are not any legal issues with placing planning cases on the consent calendar. However, he did note that it was important to include the basis for the approval or denial in the written motion language that is adopted in the consent calendar. For planning cases placed on the consent calendar, Staff will include the required findings in the motion language. Recommendation Staff recommends adopting the evaluation criteria for placing planning cases on the consent calendar. . , ~- . --A.~ HILLS ('it), of A...lcn rlins . ____u_ -----4----- _l!~.(IU(.s~f{n. ('onll~.iI A(.ti(~n___ _ _ -.----...--..--.. -....---. -----..-,-"..=-==_____. .. _____.. ___h_.__ .. '". Prepared by: KG A d It SA D t E'. gen a em ep.: ngmeermg Council Mtg. Date: 11/13/06 City Staff Response to Resident Concerns Regarding the 2006 ~MP Final Action Needed By: Project Budgeted Amount: $1.764.000.00 Actual Amount: $2.101,114.16 F~nd,!~,~_~_'?lJrce: Various - .- .::..=..:.....:..:..... =.:... .,.=_"'~:~: n__...=:.. .....=::.=--===..''':-:-:-... : =."_::." ._ ..._." Council Action Request: Motion to make no change to the Siems Court and Lake Johanna Boulevard intersection alignment and to add striping. Motion to approve additional landscaping work for the 2006 PMP Project. Staff Recommendation: Make no change to the Siems Court and Lake Johanna Boulevard intersection alignment and add striping. Approve additional landscaping work for the 2006 PMP Project. Advisory Commission Action: Commission Date Action Planning Not Applicable PTRC Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): 0 Memo/Letter: o Resolution (No. ) o Ordinance (No. ) rg] Engineering Recommendation: See attached memo o Attorney Recommendation: o Other: - Financial Implications: See attached memorandum Administrator/Staff Comments: . Page 1 of 1 . ~ ~ EN HILLS 1\1 El\10RANDlj M DATE: Nowrnbcr 9. ~OO6 AGENDA ITEM 8.A TO: Mayor and City Council Michelle Wolk. City Administrator FROM: Kristine Giga. Civil Engineer ~/ SUB.JECT: 2006 PMI' Improvements- City Staff Response to Resident Concerns . BACKGROUND At the Oct(lber 30, ~()()6 Council Meeting. several residents presented some concerns regarding the 2006 PMP Improvement Project. The first concern brought to the C\'llllcilmceting involves the intersection of Siems Court and Lake Johanna L3oukvard. Residents have indicated that there is difficulty in turning into Siems Court off of Lah' Johanna Boulevard. cOlnpleting the turn without encroaching into opposing trattic. and passing cars that are at the intersection waiting to turn out. The attached petition was submitted with 29 signatures from 19 properties requesting that the intersection be widened and/or a neighborlwod meeting be held to address the concerns. The other t\VO concerns regard tree ITnw\al and replacement throughout the neighborhood. First the residents arc requesting that at least an equivalent anwunt of trees arc replaced throughout the neighborhood as were removed. ~4 trees \vere removed throughout the neighborhood, and the contract includes 56 trees to be planted. The second concem about trees is the stability of the slope along the west side of Siems Court on the 1600 Lake Johanna Boulevard proplTty. The residents are requesting that a landscape plan is prepared and the hillside is revegetated. The concerns related to trees were summarized in a letter. which is attached. with a list of 5g residents from 33 properties in support of the requests. . .. .\letl,,-,nL'!.us anknliilb rr~", PW F 1I;';lIeCT;II;! .~O(J(,.( '''Ullc.i1 ..\cl;""s J I. 'J !l(. Men", !!lOb 1'1\.1 r Rc'sllklll (""ncc'llIs.doc 2006 PMP . 11/9/2006 Page 2 DISCUSSION ~ierns COllD/Lake Johi:mu.a BoulevargJnl<;rs.~stion The t()lIowing describes the tactors considered during the design of the intersection at Siems Court and l.ake Johanna Boulevard. Prior to construction. the width of Siems Court tlared out from approximately 2S feet to approximately 70 feet at the inkrsection. Traveling northbound on Siems Cmlli, there was a very poor line of sight to the east because of the tree-lined embankment on the corner and also due to the curve and incline on Lake Johanna Boulevard. The existing angle ofthl: I:enterlines of Lake Johanna Boulevard and Siems Court intersection created a 40 degree angle rather than a 90 degree angle, which is the standard design for intersection alignml:nt. The existing design created a difficult angle for a vehicle maneuvering from Lake Johanna Boulevard cast onto Siems Court south. Also, the grade ti-om Lake Johanna Boulevard on to Siems COLlli varied from very steep on the west side of Siems Court to more gradual on the cast side. The drastic road grade was a result of the al:ute angle of this intersection. Through multiple neighborhood meetings and a review pfthe feasibility report, the City Council approved a 22 I(lot street width tor all roadways in this neighborhood. With the street width set . at 22 teet, URS and City staff set out to improve three aspects of the intersection: . to create longl:r site lines tt)r the right turn maneuver from Siems Court to Lake Johanna Boulevard; . to improve the angle ofthl' intersection; . to provide a better grade transition between Lake Johanna Boulevard and Siems Court. As a result of the 22 f()ot street width, the intersection is significantly narrower. This, along \vith some ditch tilling. helped to provide the room needed to shift the inkrscction west to square up the intersection. It also aIlO\ved tl.)r better sight lines to the east on Lake Johanna Boulevard by providing more room between the north bound lane and the tree-lined embankment. Providing an intersection that is closer to a 90 degrl:c angle allcl\vs t(lr a better range of hl:ad motion to the !en and to the right bet()re a driver makes a turning movernent from Siems Court 011 to Lake Johanna Boulevard. The last design improvement provides a smoother transition in grade on Siems Court. There \Vas an opportunity to create a longer. tlatter grade at the transition Irom Lakl: Johanna Boule\ard to Siems Court by cutting the proposed road elevation starting approximately SOO feet south on Siems Court, all the way north into Lake Johanna Boulevard. This slightly reduced a "hump" in the roadway coming into the intersection and also allO\ved Ii)r the construction of a landing by the stop sign. The lamling has a more consistent grade in all spots across the road and gradually transitions into thl: hill. A typical design fi.-n- inkrsection corners is either a 15 fout or a 20 ftlot radius. Siems Court is . dl:signed with a lO It)(lt radius 011 the east side and a 25 f<.lot radius on the west allll\ving It)}" more room It)r turning movements. 2006 PMP . 11/9/2006 Page] These proposed improvements represent standard inkrsection design techniques 'vvhich will improve the salety and operation of the intersection. Staff drove the intersection in two City pick-ups to rl'vie\\ the conccllls of being able to pass vehicles when completing turning nW\'L'ments. Attached are photos showing that two vehides can pass each other at this intcrse<:lion. At the end of thl' l'urh on Sil~ms Court the width from face of curb to t~tce of curh (drivable width) is .) I teCI. The width of the truck used, mirror to mirror, is S teet. With t\\-'o trucks using up i() ket (If the dri"ing SUrf;ICt.'. thcre arc still 15 feet that arc not being used and provides room to pass. In this instance. the truck with trailer in the outhound lane was 29 inches away li'om the 1;ICl~ of curb. there '\ere ()() inches separating the mirror of one truck to the bed of the other truck. and the inb(lund truck ,\.as 17 inches away from the face of curb on the other side of the street. One observation stalf noted was that nther vehicles driving through the area tended to '"hug"' the center of the street, as opposed to staying in their traftic lane. Also. without the final lift of pavement, a slight ridge exists where the concrL'le gutter amI bituminous pavement meet. This also may be a reason that drin:rs arc creeping towards the centlT (If the street. Once the tinallift is paved, the concrete gutter will provide appro\imatdy thrl'e more ket l,fwidth to the street that . can be utilized as driving surbce. An inexpensive solution that wnuld guide drin:rs to stay in their tramc lanes is to stripe the lirst 50 teet of Siems Court off (If l.ake .IL)hanna Boulevard. This would clearly ddinl'all' the Innes, assisting vehicles to complete turning mOh'ments into and out ofSicms Court. Painting a stop bar at the stop sign fll!' outgoing Siellls ('ourt trafllc would also indicalL' where "chicks should stop, providing space Il)r incoming vehicles. ILee renlacemclH Staff met with several residents in the ncighhorhood on Tuesday. Novcmber 7. to review the proposed locations /(11' the houlevard trees that arc included in the original contract. During these discussions wc changed some or the proposed specil's hI providc more ,.aridy and 1:1slL'r growing trecs that will help to restore thl' canopy sooncr. Thc following descrihcs proposed trees that arc cUITl'ntl: illcluded in the contract: Siems Court: 10 trees Arden Place: 1 tree (spring planting) Ridgewood Road: 2 trees Beach Club area: 23 trees Lake Johanna Blvd. plllllVWl'lland: () along back orpond/wctland () along front of pond (spring planting) ~ along street boulevard c1l)sl'r to Siems Ct (spring planting) . Total: 56 trees 200() PJ\.'lP . 11/9/2006 Page 4 Some of the trees \vill be planted in the spring because these species are currently out of stock. and arc the prell-rred/most suitahle species f()r these areas. We also discussL'd potential locations for additional trees throughout the neighhorhood. We reviewed areas stalf had identi fied. as well as areas that residents expressed eonCLTn about. Areas identified f{)r additional trees and/or shrubs are as t{)llows: Siems Court: 13 trces. 52 shrubs Arden Place: 2 trees. 15 shrubs Ridgewood Road: 4 trees. 35 shruhs Total: 19 trees. 102 shrubs For a one to one replacement ratio. we \VllUld need to add 2~ trees. \\ie have identified 19 locations where trecs would be spaced I~lr enough apart to mature nicely and thrive. We felt that adding more trees along the boulevard \vould crowd the trees. cramping their growth. We offset the proposed trce count. howevcr. by proposing 102 shrubs. Some boulevard areas are not wide e!1ou!!h Ii.lr a tree. but would be a !!ood location t{)r somdhin!! smaller. ;\ddin!! low-Ivin!! shrubs ..... L.. .......... .I "-.... would also provide screening along the retaining walls. breaking up the view of the wall. If Co unci I approves additional funding to add lnore treL's. sta IT wi II conti nue to work with . residcnts to tinalize locations and species for the additional trees. Jfweather permits. some of the additional planting could take place yet this f~tlL otherwise. it would occur in the spring. Hill si.\L~. stahi Ijz.at il)lli!J 160U Ll~e_.1 ()han!EL[~I)!l1.!;.Y~_l.I:Q City statfhas becn in contact with the property OWntT. and they ha\'e agreed to prepare a landscaping plan Ii.)r the hillside to add more trees and vegetation. They want to ensure the hillside is stable. and it is understood that trees and \'egetation is the bcst \-vay to achieve this. The landscaping plan will be suhmitted prior to or in c()mhination with the final plat application. 'l"he property owner is hoping to plant some trees yd this year if grading can he completed and the weather is cooperatiVt.~. The property owner is aware and 1I1l(krstands that they arc responsihle for cnsuring slopc stability over the winter and that cxtra care will he needed. since the flllllandscaping plan will not be planted until spring. The landscaping plan will he reviewed by the City prior to approval. FINANCIAL 1:\IPLlCA"fIONS .Sis.:!.ns<;j lllU!L~ilic J ~)h:JJ.lI]~ouley ard .lllter~eC~~)!l Staff has estimated that it would cost anywhere from S20.000 to $50.000 to widen Siems Court at the intersection. depending on the redesign and by how much the street would be wldened. . The Cllst to stripe the first 50 fect of Siems Court and a stop bar would be approximately $200. . 2006 PMI' 1 1/l)/2()()6 Page :) Tn;-,.~ r~l)Jaceme!1.! I I' additional trees and shrubs arc added to the current contract. the cost is S494 per tree and $58 per shrub. The total estimated cost based on the propllsed additional trees and shrubs is S 15,302 (S9.3:-;6 for the trl'es and S5,9J(l for the shrubs.) If the City were to replace each tree removed with a tree. we wuuld need tu add 2R trees. at a Ulst of S 13X~2. The current proposal of a comhination of I I) trees and 10::' shruhs e-xceeds this amount by';; I..PO. StatftCds that the c{lrnbination of trees and shrubs is a better solution, basn) on the reasons described above with spacing of trees and the need J(lr screening. Uillsidl,.~_~tab i I izatjl,l}LatJ(l{!O I .ak ~J~~EtIJ.!.!.<lJ~_~~JJIc\:<lrd The hillside stabilization is the responsibility of the property OWI1tT; the USl' of City funds will not be required t(lr this aspect of the project. RECOM1\IENDED COUNCIL ACTION Stall recomlllends that the intersection of Siems Court and Lake Johanna Boulevard remain as constructed, with the addition of striping and a stop bar to delineate the lanes. Staff recomlllends thaI additionallrees and shrubs he added to the current contract with AmI . Construction. . ... () dJ ~~I .;ui f) ~ (!) . OI)EN INf; lJ I) I(NTn.A~.~~_~~ TO SIEMS CT. We, the undersigned, residents of the Arden Ilills Addition (Siems Ct, Arden Place & Ridgewood) hereby request that you change the narrow entrance from Siems Court to Lake Johanna Bivd. by widening it and/or schedule a neighborhood meeting to address the currern concerns of the neighborhood regarding this intersection N alYl~ SJI~~t _.8-_~t<1(<;~~ ~) L. .... ... I ; . '...-1.j l . j ) c. 'j J I ~' , I I S l i.. '"L ______.________...__. ..... __ __ ___.0_._______.. ___J_ .____________ . L.... /\./ \ - '. 7 J L- -) ) i " , L_ ; '_ T _______ _ _ _ __ _ .. _ __.. ____.m_._____ / (! 2--2~l,7--------- .?l{jlj ),.___ i <,,' 3') lo ./lr (., (1 __._ . _._ _. .___.___ _ _. .__ A__.__......_ . .."~_.___._.._~.._______._ , : ( I 31/-6 I c;/ef/1J ef- ----------..---.---- ----. ..---. .-----... ....---.-------- . -., (f (/" ( // ... ,.. I ," _~J I _ I . / l ! _~___~_.~ ___ -v~_ ;' ,I I .\ J......-l ' ..- v L. "~. . C:' .:.> ( (- ,':r.- t'-,-, ( (~. C;, (/ . '- .~ LS!.~s.___'_~________ _______ _.______ ~', f " ,',,} _"~ ,.<-:.~~.,_ i,",~,- L__ __-L~. ...d -' .. ,):~I i'-,- ) \..' C ______ .:.~~: ..i,-,.~~ /~'27A,~JJl-.~~=~--- ~~lll 'j)_ _")~u_'\-''v') -l :.,t. . . / j,/ ., I / ." ! \ ''.1JS~J'''- {iiJJ-~-,,6.'nv..________ ----.i.~__.2_li._ 5,u'J~~ ___C3': ___ I :' '.- /0 .--, c:. (~'.f 'ir ---~-~ti~~1-~--( -~~'l'L:~_ -------- ___~..!~..~ ~1-~::-,\*U/V1.A,d _(<<_ .. " ' (', ( '/.-f '7" c-- ': ---- ~. ;". , '.. J., I - _ I . """-S . ~.\"\. JlJ..jo., \ __ '. J . '. ....J.U\A.J-2 ........ ../ .J) . -::.-/ f t ) l-l \ (.. /____ ~.~ . L '\ ~ -" , _~' . ~, ~ h" rJ, --{ J IS.. _ _._ /) Lf-~r _ _~~___)~:. -\.'L I>(~, ~\J_-"--__ ~~ .~7 /. (, /. '\->>~ ,,~ ,S ~;;J (.L/',-<,.-,' /' - I _____ _"_..____________ (it; '._ / i' \. -.J 9" /1'1. /-- /- (/ c,: ') /../,.-' I._)i/~.. - I '~/'. _\; '. /"t: 1.... C'- (;- ! c.' / " / c (("/ i I ~c(! L' . ...-...--.-----r---- -..... . --.-~~..:~~...-...---.~--.-----.-~-.- --.--.... -----..--------------~-- C ^ I. ; .' I I ! il -~ " '.... ,., . . ,,/\al~ J le !"- ({ ( f.~~~ -L-J. I~L---LL~~:f (.':'_______i __~__ ~~y:bzx/--- 7, 'n"L:S~:>( 1-. . -2$a,.--{C<. L~:-~~--1nQH _-::,~""",---",--cJ- - ., 'f e. ""'-~ ) . . @ . . OPENING UP ENTRANCE TO S[~MS CT~ . We, the undersigned, residents of the Arden Ilills Addition (Siems 0, Arden Place &. Ridgewood) hereby request that you change the narrow entrance from Siems Court 10 I.ake Johanna Blvd. by widening it and/or schedule a neighborhood meeting io address the curretll concerns of the neighborhood regarding this intersection "Name; Street Address 3470 S(~~ ____~t _ _~_YS=i__SI t[~_L-_~ n__ _ __~J: ~_?" SI 'C- t.-+\.~ -- ---...'." . ".. ". .-------..---- .- -.....-... -. .-- ..- -"-- --_._.._------_..~----------_..__.._._- -------.---.-.. .-..----- -- -.- ---.".--------. ----- . -.---.------..-------..-.. ----- ----.".--.---- ------ ----- ........-..------.--------.-...--. --------..-.-.--.. ........_. .._..._.~ . . ....- -_.__.__._--------~-- ..-.. -.--.... .-.....- -. -------.-... --.......---.---.-. '---'---'.- ._--.-------_....- -.--.-,.------ ------------.--.------- ____._.___._____.___. _.....________..._...._.._ _n.__'. -----..-.-..-- .._------- -.. .--- ------.-----.-.-.--.-.------.--...--- __._ .._. ._..n__. '-'''--'.... ---..---'-'---'-- .._-- ---.-------.-.- -....-. -- -----..---. -----.--... .-- ..... .-----. - --- - .... .-.--------- '--.. --._--- --.-- .-----. -------.-.--. ---. _.. n_.. .. _'. u.____ . .---.----- --.------..- .-.-.----.--- ______n._ --.--.. ..--------. .. _._____n_. . ------------- .....___.____.___... .. __u_ _n _.___._____....._____. ._ October 19,2006 . To Arden Hills City Council & Staff Mayor Beverly Aplikowski Council Members: David Grant, Brenda Holden, C.Jfegg Larson, Vincent Pellegrin and Arden Hills City Engineer: Kristine Giga City Planner: James Lehnhoff City Administrator: Michelle Wolfe and Asst City Administrator: Schawn Johnson From: Residents of the Siems Ct, Arden Place, Ridgewood Rd, Skiles and Island Beach Club Neighborhood. Re: TWO CONCERNS regarding the Completion of the Road/Storm Sewer/Drainage PondslRain Garden Project of Summer/Fall 2006 Dear Mayor Aplikowski and Council Members and City Stafl This letter is written to express two huge concerns about how the above project will be completed. These concerns focus on the tree replanting for this project in general and the reforesting and replanting of the hill that holds up Siems Ct in particular. . CONCERN ONE TREE REPLACEMENT IN GENERAL: It has been a long summer and fall for all of us as we have worked in various ways with the construction crews, URS and City Engineer and stafTto ensure the best implementation of the goats of this project Many of us have had to watch the destruction of valuable trees, albeit for the long term good of stoml water drainage (or ourselves and the community as a whole. In some parts of our neighborhood especially on Siems Ct we have lost a huge part of the charm, character and uniqueness of the neighborhood when we had to give up so many trees for the road, storm sewer and retaining walls. Moreover, we sadly expect that the tree loss is not yet over as several other mature oak trees may also fail in the next year or two as a result of severe root damage, soil compaction and root burial. But as we near the end of this large project, we would like to see the best outcome to help us preserve and restore some of what has been lost. QltLg)n~_~.m is.Jbi~_: t;4- We are concerne~t the low number of trees that are to be replanted. According to otlicial records - trees have been removed from our neighborhood but only 56 trees are to be replanted. This is not an adequate replacement number-especially when this whole project has been about improved drainage. According to the Arden Hills Newsletter, "Lush vegetation captures and filters more rainwater than a bare lawn" And the March 2006 issue of the DNR Magazine Minllesota ('ollservalioll states that a tree can catch 292 -2,162 gallons of rainwater per year. . . . REQUESTED RESOLUTION . Before this project is called complete, the neighborhood should have at least the same number of trees replanted as were taken out Trees should also be of the type and value that will help us over time recover some of the beauty of our neighborhood as it was before this project began. At least 2 or 3 neighborhood residents should be invited to work with city officials on this issue of tree restoration.. CONCERN TWO DEFOREST A TON of Lake Johanna Woods and Lower Siems Court Hill There is serious concern about the private development that involves the west side of Siems Court as you enter the neighborhood off of Lake Johanna Blvd. Prior to the current development, for as long as anyone can remember, this piece of land consisted of a forested hillside and.1Lwooded area of trees that helped to hold up the trees on the hill that in turn held up the road. Current development and tree cutting has denuded the hillside of a majority of trees and vegetation. The concern is that the remaining trees are not enough to continue to hold up the road by themselves. In fact, given the prevailing stoml winds, we fear the few remaining trees at the top will also soon be blown down, now that support trees of the hillside and bottomland are gone. Our_@IJ~ern is ttI~~ . The result of leaving the hillside in its current condition will be erosion that will endanger the road and result in the need for costly engineering and a retaining waIL The character of our neighborhood will be further eroded as well. There will a double loss --- tax payer money and assessments for an unsightly retaining wall that will further erode the character and beauty of our neighborhood. REQUESTED RESOLUTION That the city will immediately take the necessary steps to see to it that the hillside of lower STEMS CT, that holds up the road, is reforested and revegetated according to a plan approved by appropriate engineering and environmental landscaping professionals experienced in the proper trees and techniques suitable to accomplish the goal of ensuring the viability of this road, as well as its prior construction character. That the city will inform the neighborhood of the steps that it takes and the plan and timeline that are adopted to accomplish this goal. Respectfully Yours, Residents of the Neighborhood . . . . Following is the list of names of residents of the SiemslArden/Ridgewood/Skiles neighborhood who are in support of the tree replacement and lower Siems Ct. concerns expressed in the letter of October 19,2006 to the Arden Hills City Council and Staff. -Gerry Hagen -Mike Hagen -Christy and Abe Jacob -Gene & Kami Tsai -Lars and Barb Leafblad -Steve and Mary Ericskon -Rolf and Marsha Oliver -Dan and Jennie Michels -Jim and Janet Connor -Chuck Kachel -Brad and Sara Lis -Charlie and Sylvia St Sauver -Steve and Kathy Nelson -Diane Pearson and Bill Kaplan -Pam Carroll and Roger Williams -Zata Vickers and Will Wood -Brenda and Warren McGuire -Cindy Wheeler -Carolyn Mohn -Sheryl and Larry Grayden . -Tracy Steeper and Don Battles -Jilil and Wayne Henquist -Jim and Sue Bergan -Willie and Jean Price -Mandy alid Aaron Seymour -Michael Omath -Deb and Bill Thornton -Dawn and John Lundgren -Doug W~ld -Gloria Kuehn -Mary and Paul Crosby -Lisa and Curtis Abraham -LoAnn Crepeau and Tom Ostby Note: We have not finished collecting names. The above represents our efforts to date. . , ... iJ: --- ""\..~;; -.-.-...---.. . "'"-+,--'-" "-',_L.:: ':.'-: c" _>. '" ':~-~j,f 'c' "':':~"Y'ili':::' ,.; ....- :,/"J~:~~~~f. :';y,-, .' ,. ..' ..... . ..~- . --. . "., '. .~~~f;.~ ". . ......::!.;~;:_. .:::..:.:: . :,')7 .~.~ . .t~..~..~. ~~ . . . .