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HomeMy WebLinkAbout7C, Approve Ordinance 2008-006 in PC 08-013 Landscaping ~ ~HILLS Request for Council Action Prepared By: Meagan Bee_kman Dept.: _C~~_'!I,ll~,i_ty'_~Deve_I_<?p_'!l~I1,t Council Mtg. Date: m .. . ..... .. 'li4~28'-08'''' Final Action Needed By: Actual Amount: Funding f~F}W~~if~~'6n~~~r~1~1Th~~~A_flf~fGl].~1f11;FJL____________"m...."'..,..'_"_'n__"________nn__nn_'_._.'n...'.'''.........".......__"..___n________________"n..".......''''..'..'n______________n_______n_".......................'n'.."______________nn""_...""..,............._______________n_"...".."........__"_"_______ i1. Motion to Approve Ordinance 2008.006 in Planning Case 08-013 to Amend Section 1320, Section 1325.05, and Section 1325.06, and !subsequent subdivisions of the Zoning Code as presented in the April 28. 2008. Report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-006 for Landscaping Regulations as Permitted by Minnesota State Statute '412.191 Subd 4. ['1illiltL~$QOOfi[~lK~jj9.i\iJiliifii:iiiDjlDjjS!JJiiiL.......................................................................................................................................................................................................................................................................... ;1. Approve Ordinance 2008M006 in Planning Case 08-013 to Amend Section 1320, Section 1325.05, and Section 1325.06, and subsequent Isubdivisions of the Zoning Code as presented in the April 28, 2008, Report to the City Council. ~2. Approve Publishing a Summary of Ordinance 2008-006 for Landscaping Regulations as Permitted by Minnesota State Statute 412.191 Subd i :4. Recommend Approval (6-0) x April 28, 2008 , Memo to the City Council x No.: No.: Recommendation: Recommendation: 2008-006 x B - Proposed Section 1325 C - Proposed Section 1320 o - Ordinance 2008M006 None. ~ ~~HrLLS MEMORANDUM DATE: April 28, 2008 TO: Mayor and City Council FROM: Meagan Beekman, Planner I SUBJECT: Planning Case #08-013 Zoning Code Amendment Landscape Requirements City of Arden Hills Requested Action 1. Motion to Approve Ordinance 2008-006 in Plarming Case 08-013 to Amend Section 1320, Section 1325.05, and Section 1325.06, and subsequent subdivisions of the Zoning Code as presented in the April 28, 2008, Report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-006 for Landscaping Regulations as Permitted by Minnesota State Statute 412.191 Subd 4. Backl!round Staff has been directed by the Plarming Commission and City Council to examine the current zoning code regarding tree preservation. In the process of researching tree preservation, it became clear that landscaping was equally important to preserving trees and maintain the natural enviromuent of the City. While tree preservation regulates what can be removed from a property, landscaping requirements regulate what can and should be planted. Staff found that there were opportunities to improve the City's existing landscaping requirements. Currently, the City's landscaping requirements are somewhat vague and spread throughout the Code. Staff researched a number of other communities landscaping ordinances and spoke with landscape architects about best practices regarding landscaping. As a result of this research, Staff is proposing a number of amendments to the landscaping requirements, including reformatting the requirements so that they are compiled together in Section 1325.05, the Design City of Arden Hills City Council Meeting for April 28, 2008 \\Metro-inet.us\ardenhillslPlanning\Planning Cases\2008\08-013 Landscape Requirements (PC Approved) \042808 - CC Report - Landscaping Requirements.doc Page 1 of 3 Standards section of the Zoning Code. Attached IS a black-lined versIOn of the proposed regulations (Attachment B). Staff has included Section 1325.05 and Section 1325.06 in their entirety in order to highlight the reorganization that is required; however only those sections dealing with landscape requirements were impacted by the changes. In addition, Section 1320, which also includes a number of regulations regarding landscaping, is included in this report in its entirety (Attachment C). The vast majority of this section has remained unchanged, and Staff is proposing only those amendments that will update internal references and reduce redundancy and inconsistencies with the new regulations; however, these proposed changes are minimal and do not reflect any policy changes from the way the code is currently implemented. The City Attorney has reviewed the proposed ordinance changes and his comments have been implemented in the proposed amendments attached to this report. Recommendation The proposed amendments to the City's landscaping requirements do not represent a significant departure from current City policy, even though the changes themselves are significant. Staff believes that the intent of the regulations has been preserved, but the outcome from the amendments will be greatly improved. Currently the landscaping requirements are vague and, as such, difficult to evaluate. The proposed amendments will clarify the desired outcome and consolidate the regulations within the Zoning Code in a way that will be easier to follow and understand. Staff recognizes that the proposed landscaping ordinance is comprehensive and has many nuances. These regulations may need to be adjusted over time as they are put into practice and Staff learns new and better ways to implement them. Staff also believes that the City's current landscaping regulations are in need of improvement and that, as new projects come before the Plarming Commission and City Council, greater clarity and leverage is required in order to ensure that the outcome is the best possible development within the City. At their April 2, 2008, meeting the Planning Commission unanimously recommended approval of the proposed amendments to Section 1325 and Section 1320 of the City's Zoning Code, regarding landscaping requirements. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes 3. Deny the proposal. 4. Table for additional information. City of Arden Hills City Council Meetingfor Apri/28, 2008 \\Metro-inet.uslardenhillsIPlanninglPlanning Cases\2008\08-013 Landscape Requirements (PC Approved)\042808 - CC Report - Landscaping Requirements.doc Page 2 of3 If changes to Ordinance 2008-006 are made, those changes can be included with a motion to approve. In order to publish a summary of Ordinance 2008-006, a 4/5 vote of approval is required. The landscaping regulations do not go into effect until the day after they are published in the Bulletin, which would be May 7,2008. Deadline for Ae:encv Actions There are no deadlines for action on this request. Attachments A - Draft Plarming Commission Meeting Minutes B - Proposed Section 1325 (Black-lined) C - Proposed Section 1320 (Black-Lined) D - Ordinance 2008-006 E - Summary of Ordinance 2008-006 for Publication City of Arden Hills City Council Meetingfor April 28, 2008 \\Metro-inet.uslardenhills\PlanninglPlanning Cases\2008\08-013 Landscape Requirements (PC Approved) \042808 - CC Report - Landscaping Requirements.doc Page 3 of3 Attachment A Draft Planning Commission Minutes - April 2, 2008 ~ ~HILLS April 28, 2008, City Council Meeting Draft Meeting Minutes - April 2, 2008 Planning Commission Meeting PLANNING CASE # 08-013 - ZONING CODE AMENDMENT; CITY OF ARDEN HILLS; LANDSCAPE REOUlREMENTS- PUBLIC HEARING Ms. Beekman requested the consideration of a proposal to amend Section 1325.05, Design Standards, and Section 1320, District Provisions, of the Zoning Code regarding the City's landscaping requirements. She then provided background information and said Staff is recommending approval of the proposed amendments to Section 1325.05 and Section 1320 of the City's Zoning Code, regarding landscaping requirements. Chair Larson opened the floor to Commission questions. Commissioner Modesette inquired about the plantings along the right of way. Ms. Beekman stated that the current code prohibits anyone from planting in the right of way. She stated that landscaping can be up to the right of way. Commissioner Stodola inquired if the language used suggests that the plantings are encouraged along the right of way. Chair Larson stated that the wording in the ordinance might be different from the presentation. Ms. Beekman stated that it is the same language. Chair Larson inquired whether there is sufficient wording in the rest of the code to explain where the planting can be. Ms. Beekman stated that there are other places in the code that prohibit plantings in the right of way. She stated that through the review processes of landscape plans plantings wouldn't be allowed in the right of way including when the plants are at full growth. Commissioner Modesette stated that she doesn't think the wording would need to be changed and that it is an ordinance that will evolve in the future. She stated the City could discuss planting shrubs and bushes in easements. Ms. Beekman stated that her understanding is that the City doesn't prohibit landscaping, decorative items, and fences from being placed in the easements. She stated that the City doesn't encourage this and the items would need to be moved if there was a need for maintenance. She stated the homeowners would be responsible for the cost of replacing them. Chair Larson inquired if planting in easements is prohibited. Ms. Beekman stated that the current code does not prohibit this. Commissioner Holewa stated that he would like the language about on-site ponding to be stronger language. He stated that he would like all water that is on a property to remain on that property and not fall onto the streets. Ms. Beekman stated that they didn't look at the drainage wetlands and flood plain section or the lighting section in this proposal. Commissioner Holewa stated these items should be discussed in the future: the reference to projects in regards to the exceptions to exemption for single family detached dwellings; general screening requirements including things like trash; and off-public street parking and if that section includes impervious surfacing. Commissioner Zimmerman stated that he would recommend the word aesthetic be changed to aesthetics under the purpose and findings section. Commissioner Modesette stated that on page 7, number 3 refers to being on non- residential properties and inquired if the language should be changed from "in non-residential areas." Ms. Beekman stated it should be changed. Chair Larson opened the public hearing at 8:50 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson closed the public hearing at 8:51 p.m. Commissioner Zimmerman moved, seconded by Commissioner Thompson, to recommend approval of Planning Case #08-013 to amend Section 1325.05 and Section 1320 of the Zoning Code, as proposed in staffs April 2, 2008, planning case report with the changes suggested by the Commissioners. Commissioner Holewa thanked Staff for the work on the ordinance. The motion carried unanimously (6-0). This Planning Case will be reviewed at the Monday, April 28, 2008, City Council meeting. Attachment B Proposed Section 1325 - Black-lined '~ ~HILLS April 28, 2008, City Council Meeting 1325.05 Design Standards Ordinance Amendment: Landscape Requirements, Screening, and Tree Preservation 1325.05 Design Standards. The standards established in this section are designed to encourage a high standard of development by providing assurances that neighboring land uses and neighboring properties will be compatible. The stansards are also desi€lnes te prevont and eliminate those conditions that Ga~se ~rban blight. The standards shall also apply to all future development and shall applv to existing development where so stated. Before any applications for development or construction under lfHs the City Code or the building code are approved, it shall be determined that the proposal will be in conformance with these standards unless a variance deviation has been granted. It shall be the responsibility of the applicant to demonstrate such conformance. Subd. 1 Landscapinq. A. Purpose and Findinqs. The City declares that it is desirable and essential to the health. safety. welfare. and aesthetics of the City to protect certain existinq plants and trees. to require new and additional plants and trees. to prohibit the plantinq of certain species. to require the maintenance of plants and trees as set forth in this subdivision. and that appropriate and unified landscaping is essential to meet the community objectives established in the Comprehensive Plan. B. Scope. The provisions of this subdivision shall applv onlv to privatelv owned propertv. Property within public riqhts-of-wav shall be maintained in accordance with Chapter 7 of the Citv Code. C. General Landscaping Requirements -'h- Minimum Requirements. In all districts, all developed uses shall provide and maintain a landscaped area according to minimums the minimum requirements in Section 1320.06. the district requirements chart. Planting within such area shall be subject to approval of the City Council. 2. All land area not occupied bv marshes. ponds. wetlands. buildinqs. parkinq. drivewavs. sidewalks. or other hard surface shall be sodded. seeded. mulched or landscaped with appropriate perennials. shrubberv and/or trees. 3. Landscaped Area Along Streets. In all districts all developed uses shall provide and maintain a landscaped area along streets. This area shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the area shall extend along the entire frontage of the lot and along both streets in the case of a corner lot. Such yars shall have a Fr1inim~m depth of at least twenty (29) feet from the ri€lht of way line. 1. Small, Iselates Areas. /\reas less than ten (19) feet in width, er iselates and less than five hundred (599) square feet in size, shall not be included in A'leetinq the landscape area re~~irements. 4. Maintenance of Green Space. The property owner shall be responsible for the maintenance of all qreen space and landscaped areas in accordance with Section 600.02 of the City Code. Draft - March 18. 2008 I Draft - March 18, 2008 5. Green Roofs. Green roofs mav be counted towards the minimum landscapinq requirements of a parcel, as determined by Staff, based on the absorption rate and quality of the qreen roof. 6. Screening. All developments shall be in conformance with AIw see Section 1325.05 S~b8. 2.H K. Subd. 4. 7. Tree Preservation. Clear cuttinq of an entire stand of trees is prohibited on all parcels. All developments shall be in conformance with Section 1325.055. D. Landscapinq Plan. t. Scope. In cases where a landscapinq plan is required by this Code or bv an approval qranted bv the City, the applicant for the buildinq or qradinq permit shall submit a landscape plan prepared in accordance with the provisions of Appendix A of the Zoninq Code. A landscape plan shall be approved by the Citv and implemented bv the property owner: a. For any new development or new buildinq construction in any business. industrial, R-3, R-4, or I-FLEX zoninq district. and planned unit developments, except as otherwise provided by specific development aqreements. b. For any existinq commercial. industrial, or institutional buildinq or parkinq lot to be expanded bv at least ten (10) percent. or at least 5.000 square feet, where an approved landscape plan is not on file with the citv. In the case where a plan is required under this subparaqraph, the property owner mav submit a plan implementation schedule that would allow the plan to be implemented over a period of three years. c. No buildinq permit for any construction described in items (a) and (b) of this subparaqraph shall be issued unless a iandscape plan required hereunder is approved bv the city. E. Performance Guarantee. 1. A landscape performance bond or other acceptable financial surety is required for all screening or landscaping required in this Code to insure completion and maintenance of all landscapinq in accordance with the approved landscape plan required hereunder. 2. The amount of the bond or surety shall be 125% of the cost of materials and installation. 3. The bond or surety shall be provided prior to the issuance of any building or qradinq permit!> and shall be valid for one f~1I YOGr, two full vears. from the date of installation, or three vears in the case of an extended timeline. 4. For any landscapinq or screeninq that is not in accordance with the approved landscapinq plan at the end of two orowino seasons. the applicant shall replace the material to the satisfaction of the citv before the quarantee is released. Where this is not done. the city, at 2 Draft - March 18, 2008 its sole discretion, may use the proceeds of the performance quarantee to accomplish performance. F. Minimum Landscape Requirements. 1. Caliper Inches. The minimum caliper inches required per buildinq site shall relate to the gross square footage of all floors of a building and the building height. amf shall ee e)(~ressed as a minimum number of caliper inches re~",ireEl ~er e",iIElin~ site. [:; sinqle storv buildinq in excess of thirtv (30) feet in heiqht shall be considered a two-stOrv buildinq for the purposes of determininq qross square footaqe. Minimum total caliper inches = Gross Square Footaqe of all Floors of Buildinq 320 2. Tree Ratio. The minimum total caliper inches shall contain the following minimum percentages of trees in various size ranges: Buildina Heiaht Percentage af Trees of Various Caliper In Stories 2.0" -3.0" 3.5" -4.0" 4.5" -6.0" 1-2 50% 30% 20% 3-4 50% 30% 20% 5 and over 30% 50% 20% 3. Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes shown by dividing the height of the coniferous tree in feet by 2.4. 4. Minimum size at time of planting. a. Two and one-half (2.5) caliper inches for ornamental deciduous trees. b. Six (6) feet in height for coniferous trees. 5. Trees Alonq Street Frontaqe. N least one over story tree shall be ~roviEleEl fer every agO square feet of landscaped area en the entire site. A minimum of one tree shall be provided alonq the riqht of wav for every fifty (50) feet of public street frontaqe. 6. Perennials and Shrubberies. At least ten (to) percent of the total landscaped area shall be covered with perennials and/or shrubberv and be planted within the perimeter of private parkinq. buildinq, and driveway areas. 7. N least ten (10) percent of the surfaced p3rkin~ let area shall be ~roviEleEl to Elivide large parking lols into smaller, mere ~Ieasing spaces. Plantinq Islands. Plantinq islands shall be required to visually break UP expanses of hard-surface parkinq areas, to provide safe and efficient traffic movement. and to define rows of parkinq. Plantinq islands shall occupy at least ten (10) percent of the parkinq area. Plantinq islands shall be edqed with concrete curbs. Parkinq lot plantinq islands shall be a minimum of 150 square feet in area, be of appropriate width and lenqth, and include at least one tree meetinq the requirements of this ordinance. 3 Draft - March 18. 2008 G. Landscape Desiqn Specifications. All landscape plans and landscapinq under this subdivision shall follow and be in compliance with the followinq requirements. toqether with all other Code requlations: 1. Diverse Selection. The landscape plan shall include a full complement of over stOrv. ornamental and everqreen trees. shrubbery. and qround covers that are hardv and appropriate for the locations in which thev are planted. and which provide year-round color and interest. 2. Existinq Plant Credit. Plant materials existing on a site at the time of development or oxpansion of stru(;t~res, may be used as a credit against the requirements of these landscape regulations; the City Council shall determine the extent of credit allowed, based on the evaluation of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations. 3. Plant Selection. The Citv maintains a list of trees that mav not be used to satisfv the landscapinq requirement of this section. 4. Method of Installation. All deciduous and coniferous trees shall be planted in accordance with American Standards for Nurserv Stock relatinq to qualitv of stock and appropriate sizinq of the root ball for balled and burlapped and spade-moved trees. 5. Slopes and Berms. Final slopes qreater than the ratio of 3:1 will not be permitted without special approval or treatment. such as special seed mixtures or reforestation. terracinq. or retaininq walls. Berminq used to provide required screeninq of parkinq lots and other open areas shall not have slopes in excess of 3:1. 6. Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved, shall be maintained in perpetuity bv the property owner unless the Citv approves a chanqe to the landscapinq plan. Maintenance shall include removal of litter. dead plant materials. unhealthv or diseased trees. and necessarv pruninq. Natural watercourses within a buffer shall be maintained as free flowinq and free of debris. 7. Erosion Control. All areas of any site shall be restored and maintained in accordance with provisions of the citv erosion control standards. and other requirements of the Code. 8. Placement of Trees and Shrubs. No trees or shrubs shall be planted within anv drainaqe/utilitv easements. road riqht-of-wav. or where it would materiallv impede the clear vision area or other drivewav. 9. Completion Deadline. All plants required for screeninq purposes shall be planted to completion within six months from date of issuance of a buildinq permit unless otherwise approved bv the citv due to the time of the year or if an alternative schedule is set in a development aqreement. In no case shall the period exceed six months from issuance of the certificate of occupancy. 4 SuM.:! Suhtl3 Draft - March 18, 2008 Wetlands and Flood Plain, A VVate( submitted for: Pian> f:\ vvater n1Ust be " , of individual sites of two and one haif homes, EPUCS or fOr 2, J\ddilions to on sitos two and one haif Bcres or u ,", on any individual site vv1th:n: cL One hundred (1 yeafTlood b. One thousand (1 'Netland, feet of 3 \Plater or c ThrBe l"lUndred Rice Creek DC a Rice tn ditch, for D0)18Ghet1 on 8n l:soiated it:!' vvii! of me ;;ltJove iist.ed conditions the Rice Creek. VVatefshed not exists, "The other the ;;lS BnG , , as 8 visual and funcUonal On-sito is 2. Two or (rore may coordinate tr:nir water for their mutua! benefit, C. Submission in are Procedure Manua!, fl" Din3ctlorL cfvvay from from combustion or streets. ~n al! districts 3S to direct streets Direct Dr DfQCeSses such as 0:' stlai! not bB directed at any lots or EL ConCB8ln";ent or of Source, The source of i!Jurninate ShL11! I,~ 00 COnCGEJ1eti or contcOl1ed in 8 rn8-nnef so as to direct the 0n H)e site to \Nhicl1 thB is intended, c or combination shal! not c~)$t that exceeds a meter of one foot csndlc on the travel lanes of streets or 0,4 foot candles on resjdential D. Exterlor visibie from 1M'acodo. f"or non..residenUB! IJses. 8. maximum of 5 of the facade visible f(om such rosidentiai illuminated direct from Or" rood rnay be Subd.4 ScreeninQ. FeRees, Walls, ema LaRasea~ing (Security, Ornamental er ScroeRing) A. Definition and Purpose. Screens and buffers are desiQnated units of vard or open area where setbacks. landscapinQ. berminQ. walls. and fencinQ help minimize adverse impacts of public nuisances. such as: noise. Qlare. activity, or dust. which are often times associated with parkinQ. storaQe. siQns or buildinQs. B. Types of Screening. The screening required in this section shall consist of a fence, wall or landscaping, afea subject to the approval of the Council. Landscapi!l9 ~Ianting may Be roquired in addition te lhe sereoning fonce or 'Noll. include a combination of any of the followinQ: berms. shrubs. deciduous or coniferous trees or hedQe materials. The heiQht and depth of the screeninQ shall be consistent with the heiQht and size of the area to be screened. When natural materials. such as trees or hedQes. are used to meet the screeninQ requirements. density and species of plantinQ shall be such as to achieve 60 percent opacitv vear round at maturity. C. General ScreeninQ Requirements 1. Screening in Proximity to Residential Lot!?,. Screening of at least sixtj (60) percent opacity shall be required where: a. Any business or industrial use is adjacent to any zoned residential or along the boundary of any such residential lot; b. Any business, parking lot or industrial use is across the street from a residential district, but not on that side of a business or industrial use considered to be the front. c. Any non-residential use in residential districts by Conditional Use Permit or PUD, such as schools, houses of worship, day care facilities over ten (10), residential facilities over six (6), or public uses other than parks, adjoins or is located across the street from any single or two family residential lot. a. Off street parl<ing orQ(lS wilhin a ~esiaenlial district eentain more thaR four (1) parking spaces lhat are within thirty (ilO) fDct of an adjoining leI. e. The driveway to a parking area of more than six (6) parking spaces, within a residential district, is within fifteen (15) feet of an adjoining lot. 2. LaRasea~e Berms and buffers will be ~sea te screen and visually separate; B~siness sitos trQm rosidential uses; B~siness sites from public slreels; ana one site from another. All parkinQ. 10adinQ service. utility. and outdoor storaQe areas shall be screened and buffered from all public streets and adiacent differinQ land use. Draft - March 18, 2008 6 Draft - March 18. 2008 3. Screening of Mechanical Operating Equipment. On non- residential properties. 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 located so as to completelv screen from view of adiacent streets and differinQ land uses. prevent airect view of soia eEl~i~FFlent. Mechanical operating equipment shall include all exterior devices used to service the building or its occupants, including but not limited to electrical, HVAC, plumbing, communications (including telephone and dish antennae) and storage tanks. 4. Exception to requirements. Screen and buffer requirements mav be waived or modified bv the citv where the intent is otherwise satisfied bv siQnificant chanQe in elevation, an existinQ screeninQ, siQnificant distance or similar circumstances. 5. Traffic Visibility. On all lots, nothing shall be placed or allowed to grow in such a manner as to materially impede vision between 0 height eflwe and one half (2112) ana ten (10) foot in the clear visiOn area. 6. Responsibility for Screening. The owner or occupant of the premises containing the use or features to be screened shall provide the required screening and maintenance. D. Fence Regulations. 1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not restrict the clear vision area. 2. Height of Fences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard building setback area are prohibited in all R-1 and R-2 Residential Districts. 3. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be permitted through a Conditional Use Permit. 4. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property. 5. Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property. 6. Fences in Public Rights-of-way. No fence, wall or hedge may be placed in a public right-of-way. 7 7. Fences in Non-Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from these requirements for fences, walls and landscape screening may be permitted after Planning Commission review and Council approval 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 flexibility in meeting the purpose and intent of this subdivision without the necessity of proving a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance, and security of properties and their relationships to one another. A J"" vv:th !nternationa1 Fire Code. f~Ji bu1k ,.!: t)l fJaTwnabJe and cornbustibJe shan conforrn to the MlT nBSQta Uniform Fire Code and the f\rden HWs Code of OrcHnances. Pennits. PermHs shaH \JB Cod(~ of O(chn;;lf1ces, (;',S in the /\I"den H:j1S " ".;, /ljj tanks used for Si18!! bo- scrocneli from V:{)\IJ. Such Sh~7!i conforn~i to the Uniform Fire Code and Hie setback for screen in thiS Section, Subd. 6 Restrictions on Nonresidential Uses Located in Residential Districts. In the granting of Conditional Use Permit or Planned Unit Development permits for nonrosidenti31 uses other than detached sinqle familv homes (i.e. ~ses s~eR 3S houses of worship, day care facilities (over 10), residential facility (over 6), public uses, schools of any kind, multiple family dwellings, boarding houses and dormitories to be located in a residential district on a site of one (1) 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 constructed on said site closer than seventy-five (75) feet from any adjacent residential lot. Subd, Aesthetic:s~ A, Evc)!uation of and other hereunder shali be ;~mcj 'the CouncH 'JJHh area. fa thiS Coundi shall consider, m whether the appearance of the The of the eva!uated by the Corrrnlsslon and in UlB COHimission and the issuance of any heroLin(jer matt-er is so at \iariance \jJWl HiD ElrCE] as to cause ;] l,~~ Hit: si'.ruGl,ures substantia! to vvnolo. 8r1O in ("he Hi detract iron: values in the appearance :::lS a The Gonsklcrations snail be othtY I',hem detached units, to Bny Standards for Structures 1n Residentj~JI Districts. Draft - March 18, 2008 8 1325.06 A, Minirnum \lVidH"L An mobile homes in il'linimurn 'N\dth of structures in ((}SicJenU8! mobile home shaH HelVe 2: feet measured Tronl face to f8ce of ext.cr;(})' walis, B, FGundaHon, All structwcs in residcntiai oistdcts, rT1anUT3ctured honie in manufactured home Sh81j be on foundations that with the of the State Code and are continuous snd soHd for the entire or me struG%.ure, C, Permitted encroi__Khments , ""' " E1 ~e-CI!on i 325,03 Subd 2 ~}h8il be rrorrl A and 8 above, Requirements for Parking, Loading and Circulation. Subd. 1 Draft - March 18. 2008 Off-Public Street Parking. A. 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 feet per vehicle of standing and maneuvering area. Individual spaces shall be at least nine (9) feet in width and eighteen (18) feet in length. B. Access. All off-street parking spaces shall have access driveways and access directly to public streets or alleys. Curb cuts for uses other than single family homes shall require approval from the Council. The number of curb cuts along arterial and collector roads shall be held to a minimum whenever possible. Any residential lot, which has frontage on both a local street and a collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from the local street. C. Construction Standards. development: These standards shall apply to all 1. 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 Creek Watershed District. 2. Curbs. A concrete curb and gutter shall be constructed for ail 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 be located according to the following: 1. Spaces required for one and two family dwellings shail be on the same lot as the principal structure. 9 Draft - March 18, 2008 2. Spaces required for multiple-family dwellings shall be on the same lot as the principal structure served or within two hundred (200) feet of the main entrance if not located on the same lot. 3. Spaces required for business and industrial uses should be within eight hundred (800) feet of the main entrance to the principal building served. 4. No off-street parking space, with the exception of the driveways, shall be within twenty (20) feet of the right-of-way line of any public street, except in the GB District where the setback shall be fifty (50) feet. 5. In no case shall off-street parking areas 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 otherwise permitted in this Code. 6. If required parking is located on a site other than the site on which the principal building or use is located, a properly drawn legal instrument, executed by the parties involved, must be executed and filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such parking and which shall not be terminated without approval by the City Council. E. Joint Facilities. The required off-street parking spaces for two (2) or more uses may be located jointly on the same lot, adjoining lot, or in the same structure when 1. The number of spaces provided is equal to or greater than the sum of the separate requirements for each use; and 2. The joint facility is reasonably related to the destination of the user; and 3. It can be demonstrated that there will be no substantial conflict in the principal operating hours of the uses to be 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 involved in the joint parking where setback requirements may be waived; and 5. A properly drawn legal instrument, executed by the parties involved, is filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such mutual parking agreement which shall be terminated without the approval of the Council. F. Reduction in Number of Required Spaces. The number of spaces required for a specific use may be reduced if the owner or occupant provides documentation that a lesser number of spaces will actually be needed than normally required by this Code and the City Council authorizes such lesser number after recommendation by the Planning 10 Commission. The difference in the number of spaces provided and those required shall be shown on the approved site plan as "proof-of- parking" and shall be constructed if and when the need for such additional spaces arises. G. Conversion or Alteration of Approved Uses. Commercial or industrial buildings for a use, or uses, which is proposed to be converted, remodeled, or modified to accommodate another allowable use, or uses, which has a greater off-street parking requirement shall be required to apply for Site Plan Review and approval to assure the adequacy of off- street parking. H. Parking Structures. The minimum setbacks of parking structures shall be the same as for principal buildings in the district and the exterior finish shall be compatible with the principal building served by the parking structure. I. Loading Areas and Maneuvering Space. Such areas shall not be used to satisfy the parking requirements in this Section. J. Off Street Parking Spaces Required: Bingo Halls Bowling Alleys Business & Professional Office Churches, Theaters, Auditoriums, Mortuaries, and Other Places of Assembly Clinics Daycare, Nursery, and Pre-School Facility Dwelling Inside Motor vehicle Leasing or Sales Motels/Hotels Multiple Occupancy Structure Other Business and Industry Recreation Facility Residential Facility or Group Home Restaurants, Bars Draft - March 18, 2008 1 for each 1.5 max. seating capacity 5 for each lane plus spaces for related uses 1 for each 250 sq. ft. of gross floor area 1 for every 3 seats (based on design capacity) 1 for each doctor or dentist plus 1 for each nurse, technician, or professional and 1 for each 200 sq. ft. of gross floor area t for each teacher or employee plus 1 for each 5 individuals receiving care (design capacity) 2 for each dwelling unit 1 for each 250 sq, ft. of gross floor area used for showrooms, sales, and offices 1 for each employee plus 1 for each unit t for each space required for each separate use 1 for each employee on major shift plus 1 for each vehicle used in conducting the business or t for each 1,000 sq. ft. of floor area, whichever is greater 1 for each 1.5 persons at design capacity 1 for ever 4 residents plus 1 for each employee on major shift plus 1 for each on-call medical professional 1 for every 2 seats 11 Restaurant, Fast Food Retail Sales Schools, Elementary, and Middle School Schools, Secondary Service Station Uses Not Specifically Noted Includin Public Uses K. LaAsscafle Islands. 15 stacking spaces for each customer pickup window plus 1 for each 2 seats 1 for each 150 sq. ft. of gross retail sales floor space 1 for each staff member plus 3 per classroom 1 for each school employee plus one space per 4 students 3 for each enclosed bay plus 1 for each employee on peak work shift As determined by City Council after recommendation b Plannin Commission. 1. 1\ total of ten (10) flercent of the s~rfaces flarking lot area shall be provides to sivise large parking lots inta smaller, more flleasing spaces. 2. 'Nhere joint or comeiAes flarl{ing lots are flr9vised on adjeiniAg lots as all owes aeave, interior sise ar rear lot lines sha~ld f{)lIo'N such islaAss wherever possible. K. Parking Capacity to be Maintained. 1. Surfacing and striping of parking lots shall be maintained in a manner that will assure that the designated parking capacity is met. 2. Snow storage areas shall be provided so that the number of parking spaces is not reduced below the minimum required. The City may initiate proceedings to require that snow be hauled off the site if parking and circulation problems related to inadequate snow- removal occur. 3. Required parking, loading or maneuvering space shall not be used for the sales, storage, display or leasing of vehicles, boats or products, except for temporary use by special permit. L. Building Permit and Site Plan Approval Required. A building permit 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 facility that is not a part of, or has prior approval as part of a site plan for which a building permit has been issued. M. Inoperable and Unlicensed Vehicles. Passenger vehicles, recre- ational vehicles, trucks and watercraft that are in an inoperable condition or are unlicensed or in storage shall not be parked outdoors in the City for a period exceeding seven (7) days. "Inoperable" shall mean incapable of movement under its own power or in need of repair or disposal in a junkyard. Subd. 2 Off-Street Loading. Off-street loading space shall be provided in connection with any use which requires the receipt or distribution of materials by Draft - March 18, 2008 12 truck. Where noise from such loading space is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m. Subd.3 Traffic and Circulation. A. Accessibility to Public Streets. All commercial and industrial buildings or structures and their accessory uses shall be accessible to and from nearby public streets. B. Traffic Control Measures. Vehicular traffic generated by a commercial or industrial use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined 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 lanes, illumination, snow storage area and distribution facilities within the commercial site to prevent backup of vehicles on public streets. Internal site traffic shall be designed to separate perimeter traffic and parking areas. Parking stalls shall be oriented so as to accommodate pedestrian traffic in a safe manner such as, but not limited to, orienting parking aisles toward the principal building entrances. C. Driveways. 1. Driveway widths. The 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 being between the edges of the driveway at right angles thereto. a Minor Streets (b) City Collector Streets 2. Minimum Driveway Angle to Public Street: Thirty (30) degrees when the public street is one-way or divided, otherwise sixth (60) degrees. 3. Minimum Distance of Driveway from Street Intersections: Distance shall be measured along street right-of-way line between the nearest driveway edge and the nearest right-of-way line of the intersecting street. Draft - March 18, 2008 13 Local Street, Collector or 15 15 Minor arterial Local Street Minor Arterial 20 15 Collector Street Local Street 20 t5 And Minor Arterial Collector, Minor Arterial 25 15 Major Arterial 35 20 Major Arterial Local Street 20 15 Collector, Minor Arterial 25 15 Major Arterial 40 20 Expressway Ramp 200 100 4. Proximity to lot lines. Access drives may be placed adjacent to property lines, but in no case shall a driveway be placed nearer than five (5) feet to an existing drive on an abutting parcel. 5. Proximity to residence or other principal building. No access drive shall be closer than three (3) feet to any single- or two-family residence, nor closer than five (5) feet to any other principal building. 6. Traffic Study May Be Required. Any site development that proposed to increase the peak hour traffic on streets or highways near the development, may be required to submit a Traffic Study prepared by a qualified traffic engineer, that defines the impact of the development on the street and highway system and shows techniques to mitigate potential problems. NOTE: See City Code, Chapter 8, for additional on- street parking regulations. 7. Access to streets. Each property which abuts one or more public streets, shall be entitled to at least one access to a public street. Single family uses shall be limited to one (1) access per property. 8. Prohibited areas. In all residential districts, parking shall be prohibited on any area of the property except on designated driveways or parking lots. There shall be no more than four vehicles parked on the driveway. Draft - March 18, 2008 14 Attachment C Proposed Section 1320 - Black-lined ~ ~HILLS April 28, 2008, City Council Meeting City of Arden Hilts Chapter 13 Zoning Code Section 1320 - District Provisions 1320.01 Establishment of Districts. The zoning districts designated herein are hereby established so as to assist the City in carrying out the intent and purpose of its Comprehensive Development Plan for the City and to control development in a marmer consistent with the provisions of adequate public services and utilities. 1320.02 Designation of Zoning Districts. For the purposes of this Code the City of Arden Hills is hereby divided into the following zoning districts: R-l R-2 R-3 R-4 B-1 B-2 B-3 B-4 NB CC GB I-I 1-2 I-Flex PUD Single Family Residential District Single and Two-Family Residential District Townhouse and Low Density Multiple Dwelling District Multiple Dwelling District Limited Business District General Business District Service Business District Retail Center District NB District Civic Center District Gateway Business District Limited Industrial District General Industrial District I-Flex District Plarmed Unit Developrnent Overlay District 1320.03 Allowable Uses. Uses allowed in any district. Subd. 1 Permitted Principal Uses (P) - Those uses that are allowed as a matter of right and multiple operation uses, as defined herein, if at least one of the operations is a permitted use and none of the operations is classified as a conditional use. Permitted multiple family residential, business or industrial uses are required to submit a site plan in accordance with the requirements in Section 1355. Subd.2 Conditional Uses (S) - Those uses that are allowed only after issuance of a Conditional Use Permit as required in Section 1355. Conditional Uses may included those uses that are: A. Listed as conditional uses on the Land Use Chart (1320.05) B. Not listed on the Land Use Chart as either permitted or conditional uses, but which have been reviewed by the Plarming Commission and designated by the City Council as conditional uses which are similar to those listed; Section 1320 - District Provisions Adopted: November t3, 2006 Page 1 of 4t City of Arden Hills Chapter 13 Zoning Code C. Uses that are both accessory uses and conditional uses (CA); D. Multiple Operation Uses as defined herein, if at least one of the operations is classified as a conditional use. Subd. 3 Accessory Uses (A) Those uses that are incidental to the principal use of the premises on which it is conducted. Subd. 4 Conditional Accessory Uses (CA) Those uses that are both accessory uses and conditional uses, including those listed on the Land Use Chart. Subd.5 Planned Unit Development - PUD (D) Those uses allowed only after issuance of a PUD Permit. Uses allowed in a PUD may include permitted uses, uses by conditional use permit, accessory uses and conditional accessory uses. The nnderlying zoning district(s) establishes the basic allowable uses and the general development standards. Subd.6 For any new construction or alteration, building permits must be secured pursuant to the provision of the building code and this Code. Subd. 7 Where questions arise as to whether a proposed use falls within a permitted use category and/or a conditional use category and/or an accessory use category, or whether a specific use that is not included on the Land Use Chart should be allowed in a particular district, the Planning Commission shall make a recommendation to the City Council which shall make the final determination that the use is similar to other allowable uses in the district or that a zoning code amendment procedure should be initiated. 1320.04 Purpose of Districts. Subd.l R-l Single Family Residential District A. To establish areas for the development of single family detached housing at a maximum density of approximately three (3) units per net acre. B. To reserve development areas for single-family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. Section 1320 - District Provisions Adopted: November 13, 2006 Page 2 of 41 City of Arden Hills Chapter 13 Zoning Code Subd.2 R-2 Single Family and Two Family Residential District A. To establish areas for the development of single and two (2) family housing at a maximum density of approximately five units per net acre. B. To reserve development areas for single and two family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. Subd.3 R-3 Townhouse and Low Density Multiple Dwelling District A. To provide areas offering a broad development range in housing units with a maximum density of eight (8) units per net acre. B. To retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. Subd. 4 R-4 Multiple Dwelling District A. To establish areas for the development of multiple dwelling structures with a maximum density oftwelve (12) units per net acre. B. To permit the most intensive residential development allowed in the City. C. To maintain an essentially residential character in areas developed at a more intensive density. Subd. 5 NB Neighborhood Business District A. To be located at the edge of residential neighborhoods. B. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the adjacent residents. C. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. D. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. Section 1320 - District Provisions Adopted: November t3, 2006 Page3 of 41 City of Arden Hills Chapter 13 Zoning Code E. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another. F. To ensure adequate buffering is provided on these sites for the adjacent residential uses. G. To require, where applicable, compliance with the City's gateway requirements. Subd.6 B-1 Limited Business District A. To establish areas for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. B. To provide a district which is related to and may reasonably adjoin high density or other residential districts. C. To establish a business district in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. Subd. 7 B-2 General Business District A. To group compatible retail and service business uses which will tend to draw trade that is naturally interchangeable and so promote business prosperity. B. To provide an adequate supply of businesses and professional service areas to meet the needs ofthe residents. C. To promote a high quality of total commercial development and design that produces a positive visual image. D. To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems Subd. 8 B-3 Service Business District A. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through the community with a broad range of services and goods. B. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and convenient. Section 1320 - District Provisions Adopted: November 13, 2006 Page 4 of4t City of Arden Hills Chapter 13 Zoning Code C. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the Comprehensive Plan. D. To encourage grouping of compatible and mutually supportive business uses and services. E. To promote business prosperity. F. To establish a high standard of development and design that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor and glare. G. To allow a transitional reuse of existing buildings until market conditions warrant redevelopment. H. To enhance redevelopment potential by prohibiting uses that would impede redevelopment. 1. To ensure acceptable traffic operations on local streets J. To promote flexibility in land uses and site development standards to achieve the purposes ofthe district. Subd. 9 B-4 Retail Center District A. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. B. To promote business prosperity by creating an attractive and functional retail center. C. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple-occupancy buildings. Free standing, single-occupancy buildings will be allowed if planned and constructed as part of a unified development that contains a retail center or is developed after such a retail center is developed. D. To produce a positive visual image by establishing a high standard of design and development. E. To allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. Section t320 - District Provisions Adopted: November t3, 2006 Page 5 of 41 City of Arden Hills Chapter 13 Zoning Code F. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. G. To alleviate potential traffic congestion on local streets by the design ofthe circulation pattern and arrangement of uses. Subd. 10 CC Civic Center District A. To implement that part of City of Arden Hills Comprehensive Plan known as the Civic Center (CC) area. B. To create a destination-oriented area that serves as focal point for the Community where a mix of uses including public, small retail, educational, semi-public facilities and some mid-to-high-density housing are located. C. To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create a gathering/activity place that is unified in purpose, design and use. D. To require strict development standards and building materials to create a high quality civic environment. E. To preserve, protect, and enhance existing development adjacent to the district. F. To promote compact, unified development that takes advantage of the proximity to the adjacent open space areas and regional transportation facilities. G. To minimize the effects of traffic congestion. H. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems including Lexington, Hamline, and Highway 96. 1. To encourage arrangement of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. Subd. 11 GB Gateway Business District A. To implement that part of Arden Hills Comprehensive Development Plan known as the 1-694/1-35W Plan. Section t320 - District Provisions Adopted: November 13, 2006 Page 6 of 41 City of Arden Hills Chapter 13 Zoning Code B. To promote high quality, unified, large-scale development in a manner similar to a planned unit development. C. To take full advantage of the site's location as documented and described in the NE I-694/I-35W Plan. D. To allow only development that will create an attractive enviromuent and a positive image for this site, which is one of the most visible in the community and represents the City's last major development site. E. To protect the site's environmental resources. F. To promote flexibility in land uses and development standards to achieve the objectives of the I-694/I-35W Plan. G. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems. Subd. 12 I-I Limited Industrial District A. To allow only those types and intensities of industrial uses that do not detract from the surrounding area. B. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District. Subd. 13 1-2 General Industrial District A. To provide an area where more intensive light industrial land uses may locate. B. To present the least deleterious effect to adjacent, less intensive land uses. Subd. 14 I-FLEX District A. To preserve, protect, enhance and perpetuate existing development in the district. B. To attract new development that is compatible with eXlstmg development in the district in terms of use, performance, character, quality and appearance of buildings and sites. C. To permit only those uses that will have traffic generation characteristics that are compatible with existing development in the district and that will ensure reasonable traffic operation on streets in the vicinity. Section 1320 - District Provisions Adopted: November t3, 2006 Page 7 of 41 City of Arden Hilts Chapter 13 Zoning Code D. To encourage new site development that will be compatible with existing site development standards of existing development in the district. E. To promote flexibility in land uses and site development standards to achieve the objectives ofthe I-Flex District. Subd. 15 Planned Unit Development (PUD) Overlay District A. To allow flexibility in land development to benefit from new technology in building design and construction and in land development. B. To encourage variety in the organization of site elements, land uses (residential and non-residential), building densities, and building and dwelling types. C. To promote higher standards of site and building design through the use of trained and experienced professional land planners, landscape architects, registered architects, engineers and surveyors to prepare plans for all PUD's. D. To preserve and enhance desirable site characteristics and open space. E. To promote more efficient and effective use of land, open space and public facilities F. To effectuate the policies and standards of the Arden Hills Comprehensive Development Plan. Section 1320 - District Provisions Adopted: November 13, 2006 Page 8 of 4t City of Arden Hills Chapter 13 Zoning Code 1320.05 Land Use Chart. Section i 320 - District Provisions Adopted: November t3, 2006 Page 9 of 41 '" -= " u OJ) = 'S ~ '" .... ... '" ~ '" '" ... u ~ = = '" -= ... ~ '- " ... ~ u * N 1il "' ..<:: U en 1:: a:: 0) ~ ... 'H ;:l 0< 0) p:; ~ '" 'C - en Q \0 <:> o N ~ .... x w -' ~ ~ ~ , "' r)> o o .,. if' '" if' N rh rh "' Z .,. "' '" "' 'c =>I!! 0>" .S <( = a:; ~Z o.O~ ~E~ (fJ" "" E'" 0'- Cf) ~~ffi 0.::;;0 <Ii lj ~ ... 'H ;:l 0<..., ~ib 0) 'H '€dJ <Egf ~~ '<;j- 'S "I:Q ON N___ C<) .-< I' g r-S8 0000 O~~ N-C<) C<)O).-< .-< en en '" " ~ 0.9 ..8 g b o 0 ~ 0) 'H iZl 0) (J.) ~ <1) O)l:QiZl iZl * * * * * * ~ = 0'<> :~ g >M o " ..."., ""........ ul-!-.::t "E..8b .~ Eo A~- 10'" o Z gp ~>i:i~ .... " - = "" o 0 .~ -= il~ U) City of Arden Hills Cbapter 13 Zoning Code 1320.07 Graphic Zoning Illustration It SIDE LOT LINE XI 1----,----- I --l~S " ~1~---2,1~!T~!!!..!:~!.!~~a/.:~.!!~-=---I~ f ~" 31 1,[ ~ ~I ~i 1~:;5:: ~I il I~ ~-l 'I~ ,... ~I buildable lot area '... g ~ 6 ~I ~!/ ~ifi~ l~ m~~, J' . V- 5'1 Ii ~ ~ Y E L' f----m;.iimum-,sTdesoibaC'kriiie.::7""---1 I I i J I I I --L----;;;;;E';::OT'~E=" I --- I . coT DEPTH tawo. ~~___~?T~_ rear yard ~ side , yard I r'71ACCESSPRY ~- I ~aU,,",NG I ~I' J . I r I o , ~ ~' I " side I yard ------'----+-..-" .- . SIDE lOT UNE----"'" . LOT DEPTH 1!0 I~. --=t~rn >, front yard . ~ V ,I~ I~ V I ---J ,. ~ . . ~5 -" a ~ ae ~1 a . ~ " ~ . tSLVO. Section t320 - District Provisions Adopted: November 13, 2006 Page tl of 4t ~ . a PAVING ~ , . m m , PAVING~ I , I I I , I , I , I I I I I I I I I I I I I I . I City of Arden Hills Chapter 13 Zoning Code GRAPHIC ILLUSTRATION OF ZONING TERMS 1320.08 Special Requirements for the Neighborhood Business (NB) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior or modification of the site. Conditional Use Permits are not required for permitted uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Special Regulations for Permitted Uses in the NB District. Permitted uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for Clinics; Financial Institutions & Service; and Retail Sales & Service. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. A. Clinics shall not exceed three thousand (3,000) gross square feet. B. Financial Institutions & Service shall not exceed five thousand (5,000) gross square feet, nor include a drive thru facility, nor include an outdoor or detached automated kiosk. C. Retail Sales & Service shall not exceed three thousand (3,000) gross square feet. These uses shall only include: antiques, art and school supplies, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, convenience store, custom dressmaking, drugs, dry goods, florist, garden supplies (year-round operation only), gifts, grocery, hardware, hats, hobby shops, household appliance repair, interior decorating (no retail furniture sales), jewelry, locksmith shops, musical instruments, paint and wallpaper, shoes, sporting goods, tobacco, toys, and wearing apparel, and similar type uses. Automobile related business, liquor stores, and restaurants, exceeding forty (40) percent in gross liquor receipts of the total food and liquor receipts, would not be allowed in the Neighborhood Business District. Subd. 3 Special Regulations for Conditional Uses in the NB District. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for restaurants and multiple family and two-family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. Section 1320 - District Provisions Adopted: November 13, 2006 Page 12 of 41 City of Arden Hills Chapter 13 Zoning Code A. Restaurants shall not exceed three thousand (3,000) gross square feet. Exterior seating will be considered based on its impact on adjacent residential uses outside the neighborhood business district. B. Dwelling Units may be located within a mixed use development including non-residential structures. Subd. 4 District Requirements: (The district requirements in Section 1320.06 for the NB District will apply). To further accomplish the stated purpose of the NB District, developers are encouraged to plan their sites in the spirit of the purpose and intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the NB District purpose and the above criteria for allowable uses. Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. A. The City Council will make the final determination on the compatibility and consistency with this provision. B. Landscaping for the site shall comply with Section 1325.05, SuM. I ef ,^.ppoadix f. of the Zoning Code. In additioa to f.ppendix f. landscapiag shall be provided at the rate of tlrree ealiper iaches per forty (10) feet of public street froatage. C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside the neighborhood business district. The buffer yard shall be landscaped with a combination of evergreen trees (six foot high minimarn.) and deciduous trees (three iaeh ealiper miai1ffilffi) such that the use is effeetively substantiallv screened from the adjacent residences. The buffer yard landscaping mav require landscaping in excess of the minimum requirements. shall not be iaeladed ifllo the minimum laIldseaping ealealation (:\ppondix f. of the Zoning Code). Section 1320 - District Provisions Adopted: November t3, 2006 Page t3 of 41 City of Arden Hills Chapter 13 Zoning Code D. Hours of Operation shall be prohibited between the hours of 11 :00 p.m. to 6:00 a.m. All deliveries and loading shall be done during normal hours of operation. E. Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods outside the neighborhood business district. F. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed fourteen (14) feet in height. H. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure. 1. Vending Machines shall be located on the interior of the principal structure. J. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building. K. Sidewalks shall be provided adjacent to all public rights-of-way. L. Gateways, where applicable, should be incorporated into the layout of the site. The 1985 Parkway System Feasibility Study and the Comprehensive Plan provide additional guidance on the incorporation of gateways. 1320.085 Special Requirements for the B-2 General Business District. The B-2 General Business District encompasses the primary commercial gateway into the City. Accomplishing the purpose of the B-2 District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, and site design. The traffic and visual impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success ofthe B-2 General Business District. Subd. 1 Procedure. The following procedures shall apply to all new construction, modification of a building(s), and modification of a property within the B-2 District: A. The application and the administrative and review procedure established in Section 1355.04 Subd 3 and Subd 5, Conditional Use Permit and Site Plan Review, and in Appendix A, Procedural Manual, shall be followed for all development(s) that: Section t320 - District Provisions Adopted: November 13, 2006 Page t4 of 4t City of Arden Hills Chapter 13 Zoning Code 1. Involves new building construction or alterations that increase the capacity or square footage of the building; 2. Modifies a building's exterior but does not conform to the provisions in this Section as determined by the Zoning Administrator; 3. Modifies the site or use in such a way that notably increase traffic and/or alters traffic patterns as determined by the Zoning Administrator and engineer designated by the City; 4. Reduces parking spaces below the minimum requirement for the uses on the property; 5. Adds more than ten (10) parking spaces; 6. Reduces the net landscaped area; 7. Installs additional lighting poles or lighting sources (but not replacement of existing lighting fixtures). B. Modifications to building or properties not listed in above one through seven shall not require a conditional use permit or site plan review unless the change is deemed significant by the Zoning Administrator or Building Official. C. The prescribed procedures or standards in this Section may be modified by the City Council to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B- 2 District) that occupy existing buildings do not require a conditional use permit except in those cases where Section 1320.01 Subd 9.A.1-7 apply. Subd. 3. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-2 District) require an approved conditional use permit prior to occupancy. Modifying a building or site as listed in Section 1320.085 Subd 1.A.1-7 shall also require a conditional use permit and site plan review. Subd. 4. Planned Unit Developments. To further accomplish the stated purpose of the B-2 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. If a Planned Unit Development application is submitted, the Planned Unit Development proposal shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-2 District. Section 1320 - District Provisions Adopted: November 13, 2006 Page 15 of 41 City of Arden Hills Chapter 13 Zoning Code Subd. 5. Design Guidelines. New construction and redevelopment of properties shall adhere to the following design requirements. A. Building Exteriors, Site Features, and Site Development. (i) The arrangement, geometry, massing, materials and colors shall work to create a high quality development that is responsive to existing buildings, site features, and site design on adjoining sites in the district. (ii) Exterior building materials shall be primarily of brick, stone, glass or any combination thereof, except trim and other accessory or decorative features may be metal, wood, or EIFS. (iii) Sheet metal, corrugated metal, and plain flat concrete block (painted or not) shall not be permitted as exterior finishes. (iv) Design elements on all sides of a building shall be compatible with the front elevation and/or adjacent buildings. Architectural elements such as, but not limited to, windows, shutters, awnings, doors, masonry exterior veneers, cornice detailing, window casings, and other architectural details should demonstrate consistency on all sides of the structure that are reasonably visible to the general public. Plain flat walls shall not be permitted when viewable from the public right-of-way or public areas. (v) Buildings containing office and retail uses shall maintain twenty percent (20%) minimum window coverage on each floor that faces a street or public open space. Mirror glass/fayade glazing/spandrel glass/faux windows shall not constitute more than fifty percent (50%) of the required window area. (vi) The City Council will make the final determination on the compatibility and consistency with these design provisions. B. Fences. (i) No barbed wire, razor wire, or spikes allowed. (ii) Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. Section 1320 - District Provisions Adopted: November 13, 2006 Page 16 of 4t (iii) All other requirements of Section 1325.05 Subd 4 must be followed. C. Screening. City of Arden Hills Chapter 13 Zoning Code (i) All mechanical equipment, whether roof-mounted or ground- mounted, shall be completely screened from view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. Wood screening shall not be permitted. (ii) Trash and recycling equipment and materials shall be screened from public view and adjacent properties with an enclosure that is constructed of the same materials and colors as the principle building. Wood fencing shall not be permitted. (iii) Loading docks shall be screened from public view or integrated into the building's architecture so as to reduce their visual impact. Subd. 6 Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. A. A lighting plan shall be submitted that shows location, type of illumination and design. A photometric analysis of site and building shall be submitted for City approval with all new construction or redevelopment projects. B. Exterior lighting shall be consistent in type, design, scale, and color to create unity in the B-2 District. High-pressure sodium lighting and other similar types of lighting color may be required by the City to promote a unified lighting color throughout the B-2 District. Other lighting colors may be considered during the City review process. C. The source of illumination shall be hooded, concealed or controlled in a manner so as not to unnecessary glare on adjoining lots, buildings, streets or highways. D. Light washing of buildings and accent lighting may be permitted through the City review process provided that it does not negatively impact residential areas or traffic safety and is complementary to the district as a whole. Subd. 7 Pedestrian Circulation. All new development and redevelopment within the District shall install pedestrian improvements in accordance with the City of Arden Hills Comprehensive Plan and any other supplementary sidewalk or trail plans. Other pedestrian sidewalks and trails may be required by the City. A. Site design shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing clear visual indicators through door placement, signage, and integrating landscaping components. B. The city may require bike racks; racks must be placed to not impede pedestrian circulation. Section 1320 - District Provisions Adopted: November 13, 2006 Page 17 of41 City of Arden Hills Chapter 13 Zoning Code C. Internal sidewalk systems shall connect with adjacent planned or developed public sidewalks or trails. Subd.8 Drainage/Water Management Plan: A plan must be submitted with each project or lot development in the B-2 District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and the engineer assigned by the City. Two or more lots or projects may coordinate their plans for their mutual benefit. Subd. 9 Prohibited Uses. Some land uses are not compatible with the stated purpose of the B-2 District. The following uses are therefore prohibited: A. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, and similar items. B. Mini-storage facilities. C. Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products. D. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. 1320.09 Special Requirements for the B-3 Service Business District. Subd. 2 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior or modification of the site. Conditional use permits are not required for permitted uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subj ect to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd.3 Permitted Uses. Permitted uses are allowed as specified in the Land Use Chart, Section 1320.05, for the B-3 District. Subd. 4 Uses Allowed by Conditional Use Permit. A. The above permitted uses, if construction of a new building, modification of a building's exterior, or modification of the site is involved. B. Uses allowed by Conditional Use Permit as specified on the Land Use Chart, 1320.05, for the B-3 District. Section t320 - District Provisions Adopted: November 13, 2006 Page 180f4t City of Arden Hills Chapter 13 Zoning Code Subd.5 Special Regulations for Drive-In Businesses and Fast Food Restaurants in the B-3 District. Section 1325.04 of this Code, specifies 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 (1,320) feet between drive-in businesses or fast food restaurants may be waived if the following conditions are met: A. The operation consists of one or more drive-in businesses or fast food 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 businesses. B. Shared access drives and shared parking are utilized by all such restaurants, fast food restaurants or drive-in businesses in said building or complex. C. Only one "food court" or "drive-in business court" or building containing fast food restaurants or drive-in businesses will be allowed in addition to one freestanding fast food restaurant. D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function of the complex or building. E. A "fast food court" or "drive-in business court" may consist of one or more buildings on one or more parcels if the intent of providing a unified appearance and function is not compromised. Subd. 6 District Requirements: (The district requirements in Section 1320.06 for the B"3 District will apply). To further accomplish the stated purpose of the B-3 District, developers are encouraged to plan their sites in the spirit of the purpose and intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. Subd. 7 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B-3 Service Business District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. The City Council will make the final determination on the compatibility and consistency with this prOVISIOn. Section t320 - District Provisions Adopted: November 13,2006 Page t9 of 41 City of Arden Hills Chapter 13 Zoning Code 1320.10 Special Requirements for the B-4 Retail Center District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Permitted Uses. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list ofI-2 permitted uses as of April 1991, that are not permitted in the B-4 District, will be allowed in buildings existing in April 1991 as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be allowed in buildings constructed after April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4 District will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped buildings. Subd.3 Uses Allowed by Conditional Use Permit. Due to the replacement, reuse or redevelopment nature of potential development in this district, the existing 1-2 uses allowed by conditional use permit as of April 1991 will be allowed to continue as conditional uses until redevelopment or replacement of the building or buildings housing such uses occurs. No new 1-2 uses by conditional use permit will be allowed unless those uses are permitted or allowed' by conditional use permit in the B-4 District. The uses allowed by Conditional Use Permit on the Land Use Chart, Section 1320.05, in the B-4 District will be allowed by conditional use permit either as replacement uses in buildings existing as of April 1991 or as uses in replaced, redeveloped or new buildings. Subd. 4 Special Regulations for Drive-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 restaurants and automobile service stations. This paragraph (Subd. 7) is a provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-in businesses or fast food restaurants may be waived if the following conditions are met: A. The drive-in business or fast food restaurant operation is an integral part of a building containing one or more allowed uses and the drive-in business or fast food restaurant is clearly secondary to other principal uses in the building. B. The architectural treatment, circulation plan and signage system of such drive-in business or fast food operations are designed to be visually and functionally an integral part of the building and site in which they are located. Subd. 5 District Requirements. The requirements below are established for development of individual "lots" and for the overall development of "planned projects". Section 1320 - District Provisions Adopted: November 13, 2006 Page 20 of 41 City of Arden HilIs Chapter 13 Zoning Code "Lots" are individual parcels on which may be placed a single building (either single or multiple-occupancy). "Planned projects" are sites on which may be placed (a) A single or multi-occupancy retail center; (b) Two or more free-standing, single or multiple-occu- pancybuildings; or (c) A combination of (a) and (b). A "retail center" is a single building housing either several retail outlets or a single retail outlet with several departments. In a "planned project" individual lots may be created for separate buildings or parts of buildings but separate buildings are not required to be located on separate lots. To allow maximum development creativity and flexibility, regulations such as lot area, side and rear yard building and parking setbacks, Floor Area Ratio (F.AR.), number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines within a project. However, the regulations for these same items must be met for the total project area and exterior project lot lines. A Minimum Lot Area Requirements: 1. Multiple-occupancy retail center: 5 acres 2. Free-standing, single or multiple-occupancy building: 2 Acres B. Maximum Bulk Requirements: 1. Height: 35 feet 2. Floor area ratio (F.AR.): .30 3. Lot coverage by structure: 25% C. Minimum Landscaped Area: 25% D. Minimum Building Setbacks: I. Front yard and exterior project lines: 50 ft 2. Side yard: 20 feet 3. Rear yard: 20 feet Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B-4 District requires particular concern for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings. The City Council will make the final determination on the compatibility and consistency with this provision. Section 1320 - District Provisions Adopted: November t3, 2006 Page 2t of 41 City of Arden Hills Chapter 13 Zoning Code A. Landscaping (GB Diatriet regalatiofls, Section 1325.05, Subd I, 1320.13, shall apply) B. Parking (GB District regulations, Section 1320.13, shall apply) C. Signs (GB District regulations, Section 1320.13, shall apply) D. Lighting (GB District regulations, Section 1320.13,) shall apply) E. Pedestrian Circulation: All development within the B-4 District shall incorporate pedestrian improvements, which may include more specific City requirements that become apparent in the plan review process. F. Drainage /Water Management Plan: A plan must be submitted with each project or lot development in the B-4 District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and by the City Engineer. On-site ponding is encouraged as a visual and functional amenity. Two or more lots or projects may coordinate their plans for their mutual benefit. 1320.11 Special Requirements for the Civic Center (CC) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow plarming flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Allowable Uses. Development within the CC District will include uses that are permitted and conditional uses on the Land Use Chart, Section 1320.05, under the CC District. These uses must be consistent with the stated purposes of this district and the following development criteria: A. Uses. Uses as shown on Land Use Chart Section 1320.05, under the CC District as permitted and conditional uses are allowed. Uses not expressly stated on the chart are not allowed, unless determined by the City Council that the use is similar to the allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adj acent uses, and meet the intent of the CC District purposes and the criteria for allowable uses. B. Staging Area. With the exception of during a new construction period, staging areas shall be free of such materials, equipment or vehicles at the close Section 1320 - District Provisions Adopted: November 13, 2006 Page 22 of 4t of each business day. Overnight, weekend or holiday storage is not permitted. Materials transfer is permitted only for such activities necessary during the normal day-to-day business operation between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. City of Arden Hills Chapter 13 Zoning Code C. Hazardous Materials. All hazardous materials used or stored on site are subject to the regulation of the State Fire and Building Code and the Minnesota Pollution Control Agency (MPCA). D. Internal Traffic Control. All buildings shall be accessible to and from nearby public streets. City design review will include pedestrian, bicycle, transit and automotive circulation patterns and needs. Subd. 3 Prohibited Uses. Some land uses are specifically not compatible with the stated purpose of the CC District. The following uses are therefore prohibited: A. Outdoor storage of equipment, vehicles, and materials. Any type of storage associated with use must be fully contained within primary or accessory building. Materials used in "staging areas" must not remain on ground for more than twenty-four (24) hours. B. Towers for telecommunications. Only antennas that are flush, parallel, unobtrusive and painted the same color as building will be allowed. C. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items. D. Fast food establishments. E. Drive-in businesses. F. Single and two-family housing. G. Gasoline service stations. H. Casino. 1. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 4 Development Standards. A. All district standards specified in Section 1320.06 must be met. Section 1320 - District Provisions Adopted: November t3, 2006 Page 23 of 41 City of Arden Hills Chapter 13 Zoning Code B. Maximum Floor Area Ratio (FAR). The total FAR shall not exceed 0.8. C. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the CC District, multi-story buildings will be allowed. 1. State Highways or County Roads: Minimum building setback is 60 feet. Building setbacks from State Highways or County Roads are measured from roadway easement line. 2. Parking setbacks. Parking areas shall be set back twenty (20) feet from all roadways. The side yard setback requirement for parking is five (5) feet. 3. Parking between the front of the building and the roadway is not permitted. Parking lots must be setback to be placed either even with or behind the primary structure. 4. Thirty-five (35) feet is the maximum height allowed. 5. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. 6. The location of buildings relative to their heights will consider views and relationship from within the CC District and from public and private areas off the site. D. Landscaping and screening. Appropriate and unified landscaping IS essential to effectively meet the defined purpose of the CC District. 1. A landscape plan shall be submitted as required in Section 1325.05, Subd I of the Zoning Code. :\ppcndix ,^., Proecdurc Manual. 2. Fences. If fences are used for landscape screening, they must conform to the following: a. No higher than six (6) feet in rear yards only; b. No barbed wire, razor wire, or spikes allowed. c. Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. Section 1320 - District Provisions Adopted: November 13, 2006 Page 24 of 4t City of Arden Hills Chapter 13 Zoning Code d. All other requirements of Section 1325.05 Subd 4 must be followed. 3. Special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in appearance and materials. 4. Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened. 5. Special attention must be given to the Gateway entrances at Highway 96 and Hamline Avenue and at Highway 96 and Lexington Avenue as specified in the community gateway study. E. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the CC District requires particular concern for building design. I. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement of the whole CC District. 2. Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. Materials and colors selected for any individual building shall be compatible with other buildings in the CC District. 3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scope to create unity in the CC District. All building elevations shall be considered "fronts." 4. All service entrance areas, mechanical equipment and trash handling devices shall be fully screened. F. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the CC District. G. Traffic Impact Study. The City may determine if a use will impose limitations on traffic. H. Generated within the CC District. In order to maintain the functional capacity of the area road system, a traffic study prepared by a traffic engineer may be required. 1. Signs. Signs are regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. Section 1320 - District Provisions Adopted: November 13, 2006 Page 25 of 41 City of Arden Hills Chapter 13 Zoning Code J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. A lighting plan shall be submitted that shows location, type of illumination and desigu. 2. Exterior lighting shall be consistent in type, desigu, and scale to create unity in the CC District. 3. The source of illumination shall be hooded, concealed or controlled in a marmer so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96. 4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites may be permitted by the City. A photometric analysis of site and building shall be submitted for City approval. K. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the City of Arden Hills Comprehensive Plan. Other pedestrian sidewalks and trails may be required by the City. 1. Site desigu shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing clear visual indicators through door placement, siguage, and integrating landscaping components. 2. The city may require bike racks; racks must be placed to not impede pedestrian circulation. 3. Internal sidewalk systems shall connect with adjacent planned or developed public sidewalks or trails. L. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the CC District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and the City Engineer. 1. Regional ponding is encouraged as a visual and functional amenity; two or more sites may coordinate their water management plans for their mutual benefit. 2. Utility Lines. Underground utility lines shall be required in all development within the CC District. Except for temporary measures by special permit, there shall be no utilities located overhead. Section 1320 - District Provisions Adopted: November t3, 2006 Page 26 of 41 City of Arden Hills Chapter 13 Zoning Code 1320.12 Special Requirements for the I-Flex District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd.2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05, for the I-Flex District. Subd.3 Uses allowed by Conditional Use Permit. A. Permitted principal uses, if construction of a new building, modification of a building's exterior, or modification of the site is involved. B. Used allowed by Conditional Use Permit as specified on the Land Use Chart, Section 1320.05, for the I-Flex District. C. Wholesaling and warehousing if such use is wholly contained within a building and occupies not more than fifty (50) percent of the gross floor area ofthe building in which it is located. D. Wholesaling, warehousing and related accessory uses which were in existence in April 1991 issued a Conditional Use Permit, which will allow such uses to continue on the site, or within any existing or expanded facilities or improvements thereon, provided that the ratios of conditional uses to the gross floor area of the building do not exceed the ratios existing as of the date hereof. The Conditional Use Permit shall define the scope and ratios of existing uses and may be amended in compliance with the procedural requirements of Section 1355.04 Subd 3 relative to Conditional Use Permits. E. Manufacturing or processing that generates hazardous waste with a valid hazardous waste generators license from the Ramsey County Public Health Department or other licensing agencies having jurisdiction. Subd. 4 Prohibited Uses. Some land uses are not compatible with the stated purpose of this district and will not be allowed. The following uses are prohibited: A. Residential uses, except those required for safety and security reasons in relation to the principal use. B. Open sales, rental or storage uses or lots. Section 1320 - District Provisions Adopted: November 13, 2006 Page 27 of4t City of Arden Hills Chapter 13 Zoning Code C. Vehicular sales, lease, rental or repair. D. Truck terminals, freight terminals and freight forwarding services. E. Bulk storage buildings, yards and terminals, including but not limited to forest, metal, concrete, agricultural and petroleum products; chemicals and similar products. F. Manufacturing or processing that generates hazardous waste without a valid hazardous waste generator license from the Ramsey County Public Health Department or other licensing agencies having jurisdiction. Subd. 5 District Requirements: (The district requirements in Section 1320.06 for the I-Flex District will apply). To further accomplish the stated purpose of the 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 Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the I-Flex District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site desigu. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. The City Council will make the final determination on the compatibility and consistency with this proVISIOn. 1320.13 Special Requirements for the Gateway Business (GB) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd.2 Definitions of Terms Used Herein. A. Gateway Business (GB) District. A district established specifically to provide a flexible framework for the development of the area of the city generally located in the northeast quadrant of the interchange at 1-694 and I-35W. Section t320 - District Provisions Adopted: November t3, 2006 Page 28 of 41 City of Arden Hills Chapter 13 Zoning Code B. Mixed Use Project. A segment of the GB District that is controlled by a single developer entity, containing more than one type of use, and planned as a single development but may be developed in more than a single stage. C. Single Use Project. A segment of the GB District that is controlled by a single developer entity and containing a single type of use, planned as a single development and encompassing one or more parcels but may be developed in more than a single stage. Subd. 3 Allowable Uses. Development within the GB District will include uses that are specified on the Land Use Chart, Section 1320.05, and shall comply with the following development criteria: A. Office uses occupying not less than twenty-five (25) percent nor more than fifty (50) percent of a proj ect's total floor area. B. The mix, relationship and intensity of uses and buildings will be compatible and complementary both internally and with adjacent uses. C. Retail or service businesses offering goods, merchandise or personal services for sale primarily to those employed in the GB District will be allowed to occupy no more than fifteen (15) percent of the total floor area of the building in which they are located. Service stations with retail services and with a car wash shall be exempt from this restriction. D. Multi-family residential use is limited to that area adjoining the public area surrounding Round Lake and shall not exceed fifteen (15) percent of the total land area in the GB District exclusive of Parcels 2, 3, 4 and 5 as identified in the NE 1-694/1-35W Plan. Densities shall not exceed those allowed in an R-4 Residential District. E. Licensed day care facilities will be allowed either in a building containing other uses or in a freestanding building. Freestanding day care facilities are not required to meet minimum floor area or minimum lot area requirements otherwise required in the GB District. F. The use is in the best interest of the City and the GB District. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the GB District purpose and the above criteria for allowable uses. Subd. 4 Uses Allowed by Conditional Use Permit. Service stations with retail sales and services and with a car wash are allowed by Conditional Use Permit. Such uses shall offer retail, gasoline, and car wash services and shall not contain vehicle repair bays or offer vehicle repair services; minor repairs; incidental body and fender work; minor Section 1320 - District Provisions Adopted: November t3, 2006 Page 29 of 41 City of Arden Hills Chapter 13 Zoning Code painting and upholstering; replacement parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons capacity; major general repair; rebuilding and reconditioning of engines, motor vehicles or trailers collision service, including body, frame, or fender straightening or repair; or overall painting or paint job. Subd. 5 Prohibited Uses. Some land uses are not compatible with the stated purpose of the GB District. The following uses are therefore prohibited: A. Single-family or two family residences B. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items. C. Vehicular sales, lease rental or repair, including but not limited to the items listed in (b) above. D. Truck terminals, freight terminals and freight forwarding services. E. Building supply stores and yards. F. Outside storage. G. Warehousing and wholesaling exceeding seventy-five (75) percent of the building in which it is located. H. Mini-storage facilities. 1. Bulk storage buildings, yards and terminals, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products. J. Manufacturing that requires outdoor storage of bulk, raw or finished materials used in or resulting from the manufacturing process. K. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. L. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 6 Development Standards. A. Minimum project and lot size. Section 1320 - District Provisions Adopted: November 13, 2006 Page 30 of4t City of Arden Hills Chapter 13 Zoning Code 1. Except as otherwise specifically set forth in this Section, a mixed-use project within a GB District shall contain a minimum of twenty (20) acres. The proposed land uses in such a proj ect and their mix, intensity and relationship may require varying lot sizes within said proj ect, none of which lots shall be less than five (5) acres in size except as otherwise permitted herein. 2. Lots of less than five (5) acres within a mixed use project may be permitted only when the applicant has demonstrated satisfactorily that: a. The lot will be the site of a use that will be compatible with and will complement and enhance existing and plarmed businesses. b. The primary business of the proposed complelllentary use will serve business activities within the GB District. 3. Single use projects, excluding service stations with retail sales and services and with a car wash, shall contain a minimum area of ten (10) acres. 4. Interior lot lines within a mixed or single use proj ect may be located to allow individual ownership of specific buildings. To allow maximum development creativity and flexibility, regulations such as side and rear yard building and parking setbacks, F.A.R., number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines. However, the regulations for these same items must be met for the total mixed use or single use project area and exterior project lot lines. a. Minimum Building Size. To accomplish a scale of development consistent with the defined purpose of the GB District, the minimum ground floor area of a building other than residential uses, and for service stations with retail sales and services and with a car wash, shall be twenty thousand (20,000) square feet, except as otherwise regulated herein. b. Maximum Floor Area Ratios (F.A.R.). The total F.A.R. of a Mixed-Use project shall not exceed 0.5. In order to achieve the open space objectives of the GB District, mixed use projects shall conform with the following relationships, F.A.R., building height, and landscape lot area. Section t320 - District Provisions Adopted: November 13, 2006 Page3! of4! City of Arden Hills Chapter 13 Zoning Code Minimum Building Height In S tori es 3 2 I Maximum Project FAR. 0.5 0.4 0.3 Minimum Landscape Lot Area 35% 35% 35% Proj. FAR. = FA Bldg. I + FA Bldg. Bldg. 2 + ...FA Bldg. n A Where: F.A. = Total Floor Area in Square Feet n = Total Number of Buildings A = Project Area in Square Feet B. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the GB District, multi-story buildings will be encouraged. 1. Building height will be regulated only as it affects the safety of occupants, compatibility with other uses and buildings, and other City and District requirements. 2. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. 3. The location of buildings relative to their heights will consider views and relationship from within the GB District and from public and private areas offthe site. 4. Minimum building setback requirements are fifty (50) feet from all streets and exterior project property lines and twenty (20) from all interior property lines, except that interior lot line setback requirements may be modified by the city in the project review process if specific conditions of the project plan justify modification. C. Landscaping. Appropriate and unified landscaping IS essential to effectively meet the defined purpose of the GB District. 1. A landscape plan shall be submitted as required in Section 1325.05, SuM 1. of the Zoning Code. }'llllendix }., Proeedure Manual 2. Special landscape enhancement of views from 1-694 and 1-35W will be required. Section 1320 - District Provisions Adopted: November 13, 2006 Page 32 of 41 City of Arden Hilts Chapter 13 Zoning Code D. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the GB District requires particular concern for building design. 1. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement, geometry and massing of the whole of the GB District. 2. Exterior building treatment (wall surfaces) shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. 3. Materials and colors selected for any individual building shall be compatible with other buildings in the GB District. 4. All service entrance areas, mechanical equipment and trash handling devices shall be screened from adjacent building and off-site visibility. 5. A "campus" plan arrangement is hereby encouraged and a "signature" building is considered desirable. E. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the GB District. Surface parking shall maintain a fifty (50) foot landscape setback from all public streets and a twenty (20) foot landscaped area from exterior project property lines, except for access drives that may cross the setback area. Since the intent of this parking setback is to provide visual separation for large scale developments service stations with retail sales and services and with a car wash shall be exempt for this particular requirement and instead shall be required to meet the general parking setback requirements (a twenty (20) foot parking setback from any public street or right-of-way and a five (5) foot parking setback from any side or rear property lines) as stated in Section 1325.06. F. Traffic hnpact Study. The City has determined that the traffic capacity of the interchange at 1-35W and State Highway 96 will impose limitations on traffic generated within the GB District. In order to maintain the functional capacity of the area road system, both internal and external traffic and parking plans and traffic generation studies prepared by registered traffic engineers will be required for all proj ect within the GB District. G. Signs. Signs will be regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. To promote the purpose of the GB District: Section 1320 - District Provisions Adopted: November 13, 2006 Page 33 of 4t City of Arden Hills Chapter 13 Zoning Code 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. 2. Deviation from the standard regulations shall be allowed only after the applicant demonstrates, and the City concurs, that the deviation is essential to further the purpose ofthe GB District 3. Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area ofthe billboards, located within the GB District. H. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 1. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas east and south of Round Lake. 2. Accent lighting of buildings and sites may be permitted by the City. 3. A lighting plan shall be submitted that shows location, type of illumination and design. 1. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the NE 1-694/1-35W Plan approved by the City. Other pedestrian sidewalks and trails may be required by the City. J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer. 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 benefit. K. Utility Lines. Provision for underground utility lines shall be required in all development within the GB District. Section 1320 - District Provisions Adopted: November t3, 2006 Page 34 of 41 Subd. 1 General Purpose. The Planned Unit Development (PUD) District promotes the development of land in a unified manner by treating the entire development as a single entity and relaxing the strict application of standard zoning and subdivision requirements. PUD's may be allowed in any district but are required for multiple family dwellings in the R - 3 and R -4 Districts. City of Arden Hills Chapter 13 Zoning Code 1320.14 Planned Unit Development (PUD) Overlay District. Subd. 2 Applicability. The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic allowable uses and the general standards for development and the approved PUD plan establishes the specific regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. Subd. 3 General Procedure. A. Applicant meets with City Staff to clarify and determine PUD requirements and discuss applicant's proposaL B. (Optional) Applicant desiring review of a PUD has the option of first " applying for Concept Plan Review and then proceeding to obtain Master Plan and Pinal Plan approvaL C. Applicant submits PUD 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. P. If approved, City Staff adds the PUD District and changes the underlying zoning, if required, to the Zoning Map. The PUD Master Plan, as approved, including all applicable documents, is adopted as the ordinance governing development ofthe PUD property. G. Applicant submits Pinal PUD Plan for elements that are to be developed imminently. A Pinal PUD Plan will be submitted for each stage of development/construction. H. Planning Commission reviews Pinal PUD Plan and recommends action to the City CounciL Section 1320 - District Provisions Adopted: November t3, 2006 Page 35 of 41 City of Arden Hills Chapter 13 Zoning Code 1. City Council reviews and takes action on the Final POD Plan. J. Applicant applies for building permits. Subd. 4 POD Concept Plan Review (Optional). A. Procedure. An applicant considering a POD may first apply for Concept Plan Review thereof and then proceed 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 development project to the city, and in turn the city may offer suggestions and concerns regarding the development concept. C. Application, Documentation and Administrative Procedure. The applicant for Concept Plan Review of a POD 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 information needed to convey the Concept Plan Review ideas to the city. D. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and transmit this information and the information submitted by the applicant to the Planning Commission and City Council to assist their review of the proposal. Nothing herein contained shall be deemed to forbid or discourage 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 made by said planner shall be binding upon the City of Arden Hills. E. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will be transmitted to the City Council, which may offer additional comments. No public hearing 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 subsequent stages. Subd. 5 POD Master Plan. A. Procedure. As the fust step in the POD 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. Section 1320 - District Provisions Adopted: November 13, 2006 Page 36 of 4t City of Arden Hills Chapter 13 Zoning Code B. Application and Documentation. The applicant for Master Plan approval of a POD 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 documentation as required in Section 1355 and Appendix A, Procedure Manual. C. Administrative Procedure. After submission of the application and documentation required, the City of Arden Hills shall follow the administrative procedure for obtaining a POD permit set forth in Section 1355.04 Subd 6. Nothing herein contained shall be deemed to forbid or discourage informal consultations between 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 plarmer shall be binding upon the City of Arden Hills. D. Procedure for Council Action. The procedure for Council action m Chapter 1355.04 Subd 6 shall apply. E. Effect of POD Master Plan Approval. A POD Master Plan which has been given approval as submitted, or which has been given approval with conditions which have been accepted by the applicant, provided the applicant has not defaulted nor violated any of the conditions of the approval, shall not be modified or revoked nor otherwise impaired by action of the City pending an application for Final Plan approval, without the consent of the applicant, provided an application for Final Plan approval is submitted to the City in the marmer hereinafter provided within six (6) months of the date on which 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 business 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 be deemed to have been revoked and nullified. F. Other Requirements Applicable to a POD Master Plan Approval. In making its decision as to whether to approve the applicant's POD Master Plan the City Council shall be guided by the provisions of Section 1355.04 Subd 3.B. Council action on the POD shall follow the provision of Section 1355.05. G. Documentation for Larger Complex Areas. Additional documentation required for a Master Plan for larger complex areas (development tracts five (5) or more acres in size or of such complexity that more detailed and complete plans are warranted): Section 1320 - District Provisions Adopted: November t3, 2006 Page 37 of 41 City of Arden Hills Chapter 13 Zoning Code I. Land Use Component. A land use component shall consist of a map or maps setting forth the distribution, location and extent of the area of land devoted to each category of land use existing and proposed as part of the Master Plan, including, but not limited to, the existing and proposed coverage of area by buildings 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 formulations. 2. Traffic and Parking Component. A traffic and parking component 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 Master Plan of the entire development tract, including any portion thereof located in an adjacent municipality. In addition, it shall include, among other things, documentation, data or expert testimony in sufficient detail to show the impact of traffic expected to be generated by the proposed development over the course of its growth and expansion upon the current and proj ected traffic in surrounding streets; to demonstrate the adequacy of parking facilities in light of existing and projected population of the development; and to show the adequacy of streets providing access to and from proposed and existing parking facilities. Said component shall also contain a descriptive statement of objectives, principles and standards for its formulation. 3. Population Component. A population component shall contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates for future population characteristics and change within the plarmed community correlated with the other components of the Master Plan. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various nonresidential facilities, including sufficient data to calculate traffic generation, parking requirements, water consumption, sewage needs and the necessary capacity of related utilities and services traditionally rendered by public and private organizations for a population of such size as is projected for the completed, plarmed development. 4. Subdivision Design Component. In the event the development tract is to be subdivided, the developer shall submit a subdivision design component; otherwise, such component shall not be required. A subdivision shall contain a descriptive statement of the principles governing the proposed subdivision of land, including lot design for various proposed land uses. This component will include all of the documentation necessary for preliminary plat approval as found in the Subdivision Ordinance of the City of Arden Hills, unless waived by the Planning Commission or Council. This component shall be in sufficient Section t320 - District Provisions Adopted: November t3, 2006 Page 38 of 41 City of Arden Hills Chapter 13 Zoning Code detail so that it can serve as the basis for determining the conformity of any site plan to the Master Plan. 5. Services and Facilities Component. A services and facilities component shall contain map( s) setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and rights-of-way, easements, facilities and appurtenances necessary therefore. In addition, it shall include a grading plan showing in sufficient detail the amount and type of fill or excavation to be used to accomplish the grading of the development tract, or portion thereof, the contours of the areas to be graded, and provisions made for storm water drainage so that the City can assess the impact of such grading upon the remainder of the development tract and the surrounding neighborhoods. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation and maintenance of each such service and facility. 6. Construction Order Component. A construction order component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein. Said component shall include estimated completion dates and shall specify the proposed order of request for utility release or authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase. 7. Additional Components. The Master Plan may include as additional components, a recreation component; a public building component, providing for consideration of administrative and public safety quarters; and such other components indicated by the nature of the particular proposed development. 8. Contractual Component. This component shall contain any and all proposals for homeowners' agreements, covenants and restrictions proposed for the development and/or management proposals and plans for the development, and any other agreements or contracts affecting the owner or owners of individual units or of the entire proj ect proposed under the Master Plan procedure. H. Final Plat. Unless the requirement for a final plat has specifically been waived by the City Councilor was approved as part of the PUD Master Plan in its issuance of the PUD permit, the permittee 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 permit, proceed to seek the City Section 1320 - District Provisions Adopted: November 13, 2006 Page 39 of4t City of Arden Hills Chapter 13 Zoning Code 1. Council's approval of the final plat of the development tract or a portion thereof by following the procedure and providing the documentation required for final plat approval in the City's Subdivision Ordinance. In the event the permittee fails to commence such proceeding to obtain final plat approval within said six (6) month period, the final plat and POO permit, shall be considered void, nullified and revoked unless an extension is requested in writing by the permittee and for good cause granted by the City Council. Upon approval by the City Council, the fmal plat shall contain on its face a cross-reference to the previously approved POO permit. Subd. 6 Pinal Plan. A. Application, Documentation and Administrative Procedure. Within six (6) months after obtaining Master :Plan approval, or within such extended period of time as the Council has agreed to, the applicant for Pinal Plan approval of a 1'00 or specific portions of the POO 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 documentation required in Appendix A, Procedure Manual. In addition to this documentation, a written statement that the Pinal Plan is in conformity with the Master Plan as approved by the Council, or if it is not in conformity with the Master Plan as approved by the Council, he shall specify in said written statement all the deviations from the approved Master Plan. The administrative procedure that the City shall use in processing such application shall be that procedure set forth in the Site Plan Review Section of Appendix A, Procedure Manual, and Section 1355.04 Subd 5 of this Code. B. Development Agreement and Bonding to Assure Performance and Conformance to Pinal Plan. To assure that all improvements to be constructed as part of the approved Pinal Plan are completed in accordance 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 Pinal Plan or any final plat required thereby, whichever is later, may require the permittee to enter into and file with the administrator a development agreement with the City and a corporate surety bond guarantee- ing the faithful performance of the permittee's obligations under said development agreement, and in completion of all improvements provided for in said Pinal Plan in a penal sum equal to one hundred twenty-five (125) percent of the cost of such improvements as estimated by the City Engineer, which agreement and bond shall be filed with the administrator no later than thirty (30) days after such requirement has been made by the City Council. In the event the permittee has failed to enter into said agreement and to file the same along with said bond with the administrator by the expiration of said thirty-day period, the PUD Permit, Pinal Plat (if any) and approved Pinal Plan shall be deemed void, nullified and revoked unless an extension is requested in writing by the permittee and for good cause granted by the City Council. Section t320 - District Provisions Adopted: November 13, 2006 Page 40 of 41 The development agreement may provide for several bonds covering separate aspects of the PUD, the aggregate of which shall total one hundred twenty- five (125) percent of all the improvements to be constructed and completed by the permittee pursuant to the approved Final Plan, in which case each said bond required by such development agreement shall be filed along therewith within the period above-stated. It may also require guarantee bonds in the penal sum of one hundred (100) percent of the cost of completed improvements, as estimated by the City Engineer to guarantee such improvements for whatever lengths of time are specified therein. The release of any bond or any portion thereof shall either be governed by the terms and provisions of such development agreement or shall be based upon the recommendation of the City Engineer or City Planner and approval thereof by the City Council. City of Arden Hills Chapter 13 Zoning Code C. Open Space Easements and Covenants. To assure the City of the continued maintenance of any open space, recreational areas, common areas and the like which are proposed to be owned and maintained by a homeowners' association to be formed by the permittee [and that said areas] will not be devoted 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 easements 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 permittee has failed to execute said open space easements 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 i320 - District Provisions Adopted: November i3, 2006 Page 4i of 41 Attachment D Ordinance 2008-006 ~ ~HILLS April 28, 2008, City Council Meeting City of Arden Hills Chapter 13 Zoning Code CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 2008-006 AN ORDINANCE AMENDING LANDSCAPE REQUIREMENTS AND REGULATIONS IN THE CITY'S ZONING CODE The Arden Hills City Council hereby ordains that Chapter 13, Section 1320 and Section 1325, ofthe Arden Hills City Code and its subdivisions are hereby amended and repealed to read as follows: Section 1320 - District Provisions 1320.08 Special Requirements for the Neighborhood Business (NB) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior or modification of the site. Conditional Use Permits are not required for permitted uses that occupy approved buildings that do not require exterior building modification or site modification. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Special Regulations for Permitted Uses in the NB District. Permitted uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for Clinics; Financial Institutions & Service; and Retail Sales & Service. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. A. Clinics shall not exceed three thousand (3,000) gross square feet. B. Financial Institutions & Service shall not exceed five thousand (5,000) gross square feet, nor include a drive thru facility, nor include an outdoor or detached automated kiosk. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page I of31 City of Arden Hills Chapter 13 Zoning Code C. Retail Sales & Service shall not exceed three thousand (3,000) gross square feet. These uses shall only include: antiques, art and school supplies, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, convenience store, custom dressmaking, drugs, dry goods, florist, garden supplies (year-round operation only), gifts, grocery, hardware, hats, hobby shops, household appliance repair, interior decorating (no retail furniture sales), jewelry, locksmith shops, musical instruments, paint and wallpaper, shoes, sporting goods, tobacco, toys, and wearing apparel, and similar type uses. Automobile related business, liquor stores, and restaurants, exceeding forty (40) percent in gross liquor receipts of the total food and liquor receipts, would not be allowed in the Neighborhood Business District. Subd.3 Special Regulations for Conditional Uses in the NB District. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the NB District. However, this Code specifies additional requirements for restaurants and multiple family and two-family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses outside the neighborhood business district. A. Restaurants shall not exceed three thousand (3,000) gross square feet. Exterior seating will be considered based on its impact on adjacent residential uses outside the neighborhood business district. B. Dwelling Units may be located within a mixed use development including non-residential structures. Subd. 4 District Requirements: (The district requirements in Section 1320.06 for the NB District will apply). To further accomplish the stated purpose of the NB District, developers are encouraged to plan their sites in the spirit of the purpose and intent of the Planned Unit Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Site Plan Review, the applicant shall identify modifications to the standard zoning requirements otherwise applicable to the site and the reasons why the modifications would be in the public interest and would be consistent with the purpose of the district. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the NB District purpose and the above criteria for allowable uses. Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the NB District requires particular concern for the design of Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page20f3l City of Arden Hills Chapter 13 Zoning Code buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. A. The City Council will make the final determination on the compatibility and consistency with this provision. B. Landscaping for the site shall comply with Section 1325.05, Subd. I of the Zoning Code. C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside the neighborhood business district. The buffer yard shall be landscaped with a combination of evergreen trees and deciduous trees such that the use is substantially screened from the adjacent residences. The buffer yard landscaping may require landscaping in excess of the minimum requirements. D. Hours of Operation shall be prohibited between the hours of 11 :00 p.m. to 6:00 a.m. All deliveries and loading shall be done during normal hours of operation. E. Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods outside the neighborhood business district. F. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed fourteen (14) feet in height. H. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure. 1. Vending Machines shall be located on the interior of the principal structure. J. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building. K. Sidewalks shall be provided adjacent to all public rights-of-way. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 3 of3l City of Arden Hills Chapter 13 Zoning Code L. Gateways, where applicable, should be incorporated into the layout of the site. The 1985 Parkway System Feasibility Study and the Comprehensive Plan provide additional guidance on the incorporation of gateways. license from the Ramsey County Public Health Department. 1320.10 Special Requirements for the B-4 Retail Center District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits and in Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd. 2 Permitted Uses. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list ofI-2 permitted uses as of April 1991, that are not permitted in the B-4 District, will be allowed in buildings existing in April 1991 as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be allowed in buildings constructed after April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4 District will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped buildings. Subd.3 Uses Allowed by Conditional Use Permit. Due to the replacement, reuse or redevelopment nature of potential development in this district, the existing 1-2 uses allowed by conditional use permit as of April 1991 will be allowed to continue as conditional uses until redevelopment or replacement of the building or buildings housing such uses occurs. No new 1-2 uses by conditional use permit will be allowed unless those uses are permitted or allowed by conditional use permit in the B-4 District. The uses allowed by Conditional Use Permit on the Land Use Chart, Section 1320.05, in the B-4 District will be allowed by conditional use permit either as replacement uses in buildings existing as of April 1991 or as uses in replaced, redeveloped or new buildings. Subd. 4 Special Regulations for Drive-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 restaurants and automobile service stations. This paragraph (Subd. 7) is a provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-in businesses or fast food restaurants may be waived if the following conditions are met: Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page40f3l City of Arden Hills Chapter 13 Zoning Code A. The drive-in business or fast food restaurant operation is an integral part of a building containing one or more allowed uses and the drive-in business or fast food restaurant is clearly secondary to other principal uses in the building. B. The architectural treatment, circulation plan and signage system of such drive-in business or fast food operations are designed to be visually and functionally an integral part of the building and site in which they are located. Subd. 5 District Requirements. The requirements below are established for development of individual "lots" and for the overall development of "planned projects". "Lots" are individual parcels on which may be placed a single building (either single or multiple-occupancy). "Plarmed projects" are sites on which may be placed (a) A single or multi-occupancy retail center; (b) Two or more free-standing, single or multiple-occupancy buildings; or (c) A combination of (a) and (b). A "retail center" is a single building housing either several retail outlets or a single retail outlet with several departments. In a "plarmed project" individual lots may be created for separate buildings or parts of buildings but separate buildings are not required to be located on separate lots. To allow maximum development creativity and flexibility, regulations such as lot area, side and rear yard building and parking setbacks, Floor Area Ratio (F.A.R.), number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines within a project. However, the regulations for these same items must be met for the total proj ect area and exterior proj ect lot lines. A. Minimum Lot Area Requirements: 1. Multiple-occupancy retail center: 5 acres 2. Free-standing, single or multiple-occupancy building: 2 Acres B. Maximum Bulk Requirements: 1. Height: 35 feet 2. Floor area ratio (F.A.R.): .30 3. Lot coverage by structure: 25% C. Minimum Landscaped Area: 25% D. Minimum Building Setbacks: Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 5 of31 City of Arden Hills Chapter 13 Zoning Code I. Front yard and exterior project lines: 50 ft 2. Side yard: 20 feet 3. Rear yard: 20 feet Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the stated purpose of the B-4 District requires particular concern for the design of buildings, site features (such as landscaping, lighting and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings. The City Council will make the final determination on the compatibility and consistency with this provision. A. Landscaping (Section 1325.05, Subd I, shall apply) B. Parking (GB District regulations, Section 1320.13, shall apply) C. Signs (GB District regulations, Section 1320.13, shall apply) D. Lighting (GB District regulations, Section 1320.13,) shall apply) E. Pedestrian Circulation: All development within the B-4 District shall incorporate pedestrian improvements, which may include more specific City requirements that become apparent in the plan review process. F. Drainage /Water Management Plan: A plan must be submitted with each project or lot development in the B-4 District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and by the City Engineer. On-site ponding is encouraged as a visual and functional amenity. Two or more lots or projects may coordinate their plans for their mutual benefit. 1320.11 Special Requirements for the Civic Center (CC) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd.2 Allowable Uses. Development within the CC District will include uses that are permitted and conditional uses on the Land Use Chart, Section 1320.05, Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 6 of3l City of Arden Hills Chapter 13 Zoning Code 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 permitted and conditional uses are allowed. Uses not expressly stated on the chart are not allowed, unless determined by the City Council that the use is similar to the allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the CC District purposes and the criteria for allowable uses. B. Staging Area. With the exception of during a new construction period, staging areas shall be free of such materials, equipment or vehicles at the close of each business day. Overnight, weekend or holiday storage is not permitted. Materials transfer is permitted only for such activities necessary during the normal day-to-day business operation between the hours of6:00 a.m. and 6:00 p.m. Monday through Friday. C. Hazardous Materials. All hazardous materials used or stored on site are subject to the regulation of the State Fire and Building Code and the Minnesota Pollution Control Agency (MPCA). D. Internal Traffic Control. All buildings shall be accessible to and from nearby public streets. City design review will include pedestrian, bicycle, transit and automotive circulation patterns and needs. Subd.3 Prohibited Uses. Some land uses are specifically not compatible with the stated purpose ofthe CC District. The following uses are therefore prohibited: A. Outdoor storage of equipment, vehicles, and materials. Any type of storage associated with use must be fully contained within primary or accessory building. Materials used in "staging areas" must not remain on ground for more than twenty-four (24) hours. B. Towers for telecommunications. Only antennas that are flush, parallel, unobtrusive and painted the same color as building will be allowed. C. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 7 oBI City of Arden Hills Chapter 13 Zoning Code D. Fast food establislunents. E. Drive-in businesses. F. Single and two-family housing. G. Gasoline service stations. H. Casino. 1. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 4 Development Standards. A. All district standards specified in Section 1320.06 must be met. B. Maximum Floor Area Ratio (FAR). The total FAR shall not exceed 0.8. C. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the CC District, multi-story buildings will be allowed. 1. State Highways or County Roads: Minimum building setback is 60 feet. Building setbacks from State Highways or County Roads are measured from roadway easement line. 2. Parking setbacks. Parking areas shall be set back twenty (20) feet from all roadways. The side yard setback requirement for parking is five (5) feet. 3. Parking between the front of the building and the roadway is not permitted. Parking lots must be setback to be placed either even with or behind the primary structure. 4. Thirty-five (35) feet is the maximum height allowed. 5. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 8 of3l City of Arden Hills Chapter 13 Zoning Code 6. The location of buildings relative to their heights will consider views and relationship from within the CC District and from public and private areas off the site. D. Landscaping and screening. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the CC District. 1. A landscape plan shall be submitted as required in Section 1325.05, Subd I of the Zoning Code. 2. Fences. If fences are used for landscape screenmg, they must conform to the following: a. No higher than six (6) feet in rear yards only; b. No barbed wire, razor wire, or spikes allowed. c. Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. d. All other requirements of Section 1325.05 Subd 4 must be followed. 3. Special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in appearance and materials. 4. Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened. 5. Special attention must be given to the Gateway entrances at Highway 96 and Hamline A venue and at Highway 96 and Lexington Avenue as specified in the community gateway study. E. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the CC District requires particular concern for building design. I. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement of the whole CC District. 2. Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 9 of31 City of Arden Hills Chapter 13 Zoning Code Materials and colors selected for any individual building shall be compatible with other buildings in the CC District. 3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scope to create unity in the CC District. All building elevations shall be considered "fronts." 4. All service entrance areas, mechanical equipment and trash handling devices shall be fully screened. F. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose ofthe CC District. G. Traffic Impact Study. The City may determine if a use will impose limitations on traffic. H. Generated within the CC District. In order to maintain the functional capacity of the area road system, a traffic study prepared by a traffic engineer may be required. 1. Signs. Signs are regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. 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 the CC District. 3. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96. 4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites may be permitted by the City. A photometric analysis of site and building shall be submitted for City approval. K. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the City of Arden Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 10 of3l City of Arden Hills Chapter 13 Zoning Code Hills Comprehensive Plan. Other pedestrian sidewalks and trails may be required by the City. 1. Site design shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing clear visual indicators through door placement, signage, and integrating landscaping components. 2. The city may require bike racks; racks must be placed to not impede pedestrian circulation. 3. Internal sidewalk systems shall connect with adjacent planned or developed public sidewalks or trails. L. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the CC District. The plan must be approved by the Rice Creek Watershed District, other agencies as required, and the City Engineer. I. Regional ponding is encouraged as a visual and functional amenity; two or more sites may coordinate their water management plans for their mutual benefit. 2. Utility Lines. Underground utility lines shall be required in all development within the CC District. Except for temporary measures by special permit, there shall be no utilities located overhead. 1320.13 Special Requirements for the Gateway Business (GB) District. Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new building construction, modification of a building's exterior, or modification of the site. This provision is subject to any modifications or additions set forth in this Section. The prescribed procedure may be modified by the City to allow planning flexibility and to encourage cooperative dialogue between the applicant and the City. Subd.2 Definitions of Terms Used Herein. A. Gateway Business (GB) District. A district established specifically to provide a flexible framework for the development of the area of the city generally located in the northeast quadrant of the interchange at 1-694 and 1-35W. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 11 on1 City of Arden Hills Chapter 13 Zoning Code B. Mixed Use Project. A segment of the GB District that is controlled by a single developer entity, containing more than one type of use, and planned as a single development but may be developed in more than a single stage. C. Single Use Proj ect. A segment of the GB District that is controlled by a single developer entity and containing a single type of use, planned as a single development and encompassing one or more parcels but may be developed in more than a single stage. Subd. 3 Allowable Uses. Development within the GB District will include uses that are specified on the Land Use Chart, Section 1320.05, and shall comply with the following development criteria: A. Office uses occupying not less than twenty-five (25) percent nor more than fifty (50) percent of a project's total floor area. B. The mix, relationship and intensity of uses and buildings will be compatible and complementary both internally and with adjacent uses. C. Retail or service businesses offering goods, merchandise or personal services for sale primarily to those employed in the GB District will be allowed to occupy no more than fifteen (15) percent of the total floor area of the building in which they are located. Service stations with retail services and with a car wash shall be exempt from this restriction. D. Multi-family residential use is limited to that area adjoining the public area surrounding Round Lake and shall not exceed fifteen (15) percent of the total land area in the GB District exclusive of Parcels 2, 3, 4 and 5 as identified in the NE 1-694/1-35W Plan. Densities shall not exceed those allowed in an R-4 Residential District. E. Licensed day care facilities will be allowed either in a building containing other uses or in a freestanding building. Freestanding day care facilities are not required to meet minimum floor area or minimum lot area requirements otherwise required in the GB District. F. The use is in the best interest of the City and the GB District. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the GB District purpose and the above criteria for allowable uses. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 12 of31 City of Arden Hills Chapter 13 Zoning Code Subd. 4 Uses Allowed by Conditional Use Permit. Service stations with retail sales and services and with a car wash are allowed by Conditional Use Permit. Such uses shall offer retail, gasoline, and car wash services and shall not contain vehicle repair bays or offer vehicle repair services; minor repairs; incidental body and fender work; minor painting and upholstering; replacement parts and motor services to passenger automobiles and trucks not exceeding one and one-half tons capacity; major general repair; rebuilding and reconditioning of engines, motor vehicles or trailers collision service, including body, frame, or fender straightening or repair; or overall painting or paint job. Subd. 5 Prohibited Uses. Some land uses are not compatible with the stated purpose of the GB District. The following uses are therefore prohibited: A. Single-family or two family residences B. Open sales, rental or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items. C. Vehicular sales, lease rental or repair, including but not limited to the items listed in (b) above. D. Truck terminals, freight terminals and freight forwarding services. E. Building supply stores and yards. F. Outside storage. G. Warehousing and wholesaling exceeding seventy-five (75) percent of the building in which it is located. H. Mini-storage facilities. 1. Bulk storage buildings, yards and terminals, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products. J. Manufacturing that requires outdoor storage of bulk, raw or finished materials used in or resulting from the manufacturing process. K. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 13 of31 City of Arden Hills Chapter 13 Zoning Code L. Uses that the City may determine are incompatible with its objectives or with development as it may occur, thereby imposing or establishing new or unforeseen standards. Subd. 6 Development Standards. A. Minimum project and lot size. 1. Except as otherwise specifically set forth in this Section, a mixed- use project within a GB District shall contain a minimum of twenty (20) acres. The proposed land uses in such a project and their mix, intensity and relationship may require varying lot sizes within said project, none of which lots shall be less than five (5) acres in size except as otherwise permitted herein. 2. Lots of less than five (5) acres within a mixed use project may be permitted only when the applicant has demonstrated satisfactorily that: a. The lot will be the site of a use that will be compatible with and will complement and enhance existing and planned businesses. b. The primary business of the proposed complementary use will serve business activities within the GB District. 3. Single use proj ects, excluding service stations with retail sales and services and with a car wash, shall contain a minimum area of ten (10) acres. 4. Interior lot lines within a mixed or single use proj ect may be located to allow individual ownership of specific buildings. To allow maximum development creativity and flexibility, regulations such as side and rear yard building and parking setbacks, F.A.R., number of parking spaces, percent of landscape area, etc., may be modified for individual parcels and interior lot lines. However, the regulations for these same items must be met for the total mixed use or single use project area and exterior project lot lines. a. Minimum Building Size. To accomplish a scale of development consistent with the defined purpose of the GB District, the minimum ground floor area of a building other than residential uses, and for service stations with retail sales and services and with a car wash, shall be twenty thousand (20,000) square feet, except as otherwise regulated herein. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 14 of3l City of Arden Hills Chapter 13 Zoning Code b. Maximum Floor Area Ratios (F.A.R.). The total F.A.R. of a Mixed-Use project shall not exceed 0.5. In order to achieve the open space objectives of the GB District, mixed use projects shall conform with the following relationships, F.A.R., building height, and landscape lot area. Minimum Building Height In Stories 3 2 I Maximum Project F .A.R. 0.5 0.4 0.3 Minimum Landscape Lot Area 35% 35% 35% Proj. F.A.R. = F.A. Bldg. 1 + F.A. Bldg. Bldg. 2 + ...F.A. Bldg. n A Where: F.A. = Total Floor Area in Square Feet n = Total Number of Buildings A = Project Area in Square Feet B. Building Height and Setback. To accomplish the intensity and scale of development consistent with the defined purpose of the GB District, multi-story buildings will be encouraged. 1. Building height will be regulated only as it affects the safety of occupants, compatibility with other uses and buildings, and other City and District requirements. 2. The use of stepped building heights is encouraged to provide visual transition. This applies to both multi-building complexes and single buildings. 3. The location of buildings relative to their heights will consider views and relationship from within the GB District and from public and private areas off the site. 4. Minimum building setback requirements are fifty (50) feet from all streets and exterior project property lines and twenty (20) from all interior property lines, except that interior lot line setback requirements may be modified by the city in the project review process if specific conditions of the project plan justify modification. C. Landscaping. Appropriate and unified landscaping is essential to effectively meet the defined purpose of the GB District. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 15 of3l City of Arden Hills Chapter 13 Zoning Code I. A landscape plan shall be submitted as required III Section 1325.05, Subd 1, of the Zoning Code. 2. Special landscape enhancement of views from 1-694 and 1-35W will be required. D. Building Exteriors. The appearance of buildings is the most important component in land development. Accomplishing the stated purpose of the GB District requires particular concern for building design. I. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement, geometry and massing of the whole ofthe GB District. 2. Exterior building treatment (wall surfaces) shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. 3. Materials and colors selected for any individual building shall be compatible with other buildings in the GB District. 4. All service entrance areas, mechanical equipment and trash handling devices shall be screened from adjacent building and off-site visibility. 5. A "campus" plan arrangement is hereby encouraged and a "signature" building is considered desirable. E. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the GB District. Surface parking shall maintain a fifty (50) foot landscape setback from all public streets and a twenty (20) foot landscaped area from exterior project property lines, except for access drives that may cross the setback area. Since the intent of this parking setback is to provide visual separation for large scale developments service stations with retail sales and services and with a car wash shall be exempt for this particular requirement and instead shall be required to meet the general parking setback requirements (a twenty (20) foot parking setback from any public street or right-of-way and a five (5) foot parking setback from any side or rear property lines) as stated in Section 1325.06. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 16 oBI City of Arden Hills Chapter 13 Zoning Code F. Traffic Impact Study. The City has determined that the traffic capacity of the interchange at I-35W and State Highway 96 will impose limitations on traffic generated within the GB District. In order to maintain the functional capacity of the area road system, both internal and external traffic and parking plans and traffic generation studies prepared by registered traffic engineers will be required for all project within the GB District. G. Signs. Signs will be regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. To promote the purpose of the GB District: 1. A sign plan shall be submitted in connection with the site plan or Pun Master Plan that shows the location, type, size and design of the individual signs. 2. Deviation from the standard regulations shall be allowed only after the applicant demonstrates, and the City concurs, that the deviation is essential to further the purpose of the GB District 3. Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards, located within the GB District. H. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. I. The source of illumination shall be hooded, concealed or controlled in a marmer so as not to be visible from adjoining lots, streets or highways or residential areas east and south of Round Lake. 2. Accent lighting of buildings and sites may be permitted by the City. 3. A lighting plan shall be submitted that shows location, type of illumination and design. 1. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the NE I-694/I-35W Plan approved by the City. Other pedestrian sidewalks and trails may be required by the City. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 170f3l City of Arden Hills Chapter 13 Zoning Code J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer. 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 benefit. K. Utility Lines. Provision for underground utility lines shall be required in all development within the GB District. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 18 of3l City of Arden Hills Chapter 13 Zoning Code 1325.05 - Design Standards 1325.05 Design Standards. The standards established in this section are designed to encourage a high standard of development by providing assurances that neighboring land uses and neighboring properties will be compatible. The standards shall also apply to all future development and shall apply to existing development where so stated. Before any applications for development or construction under the City Code are approved, it shall be determined that the proposal will be in conformance with these standards unless a deviation has been granted. It shall be the responsibility of the applicant to demonstrate such conformance. Subd. 1 Landscaping. A. Purpose and Findings. The City declares that it is desirable and essential to the health, safety, welfare, and aesthetics of the City to protect certain existing plants and trees, to require new and additional plants and trees, to prohibit the planting of certain species, to require the maintenance of plants and trees as set forth in this subdivision, and that appropriate and unified landscaping is essential to meet the community objectives established in the Comprehensive Plan. B. Scope. The provisions of this subdivision shall apply only to privately owned property. Property within public rights-of-way shall be maintained in accordance with Chapter 7 of the City Code. C. General Landscaping Requirements I. Minimum Requirements. In all districts, all developed uses shall provide and maintain a landscaped area according to the minimum requirements in Section 1320.06, the district requirements chart. 2. All land area not occupied by marshes, ponds, wetlands, buildings, parking, driveways, sidewalks, or other hard surface shall be sodded, seeded, mulched or landscaped with appropriate perennials, shrubbery and! or trees. 3. Landscaped Area Along Streets. In all districts all developed uses shall provide and maintain a landscaped area along streets. This area shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the area shall extend along the entire frontage of the lot and along both streets in the case of a comer lot. 4. Maintenance of Green Space. The property owner shall be responsible for the maintenance of all green space and landscaped areas in accordance with Section 600.02 of the City Code. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 19 of31 City of Arden Hills Chapter 13 Zoning Code 5. Green Roofs. Green roofs may be counted towards the minimum landscaping requirements of a parcel, as determined by Staff, based on the absorption rate and quality of the green roof. 6. Screening. All developments shall be in conformance with Section 1325.05 Subd. 4. 7. Tree Preservation. Clear cutting of an entire stand of trees is prohibited on all parcels. All developments shall be in conformance with Section 1325.055. D. Landscaping Plan. 1. Scope. In cases where a landscaping plan is required by this Code or by an approval granted by the City, the applicant for the building or grading permit shall submit a landscape plan prepared in accordance with the provisions of Appendix A of the Zoning Code. A landscape plan shall be approved by the City and implemented by the property owner: a. For any new development or new building construction in any business, industrial, R-3, R-4, or I-FLEX zoning district, and plarmed unit developments, except as otherwise provided by specific development agreements. b. For any existing commercial, industrial, or institutional building or parking lot to be expanded by at least ten (10) percent, or at least 5,000 square feet, where an approved landscape plan is not on file with the city. In the case where a plan is required under this subparagraph, the property owner may submit a plan implementation schedule that would allow the plan to be implemented over a period ofthree years. c. No building permit for any construction described in items (a) and (b) ofthis subparagraph shall be issued unless a landscape plan required hereunder is approved by the city. E. Performance Guarantee. 1. A landscape performance bond or other acceptable financial surety is required for all screening or landscaping required in this Code to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required hereunder. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 20 of3l City of Arden Hills Chapter 13 Zoning Code 2. The amount of the bond or surety shall be 125% of the cost of materials and installation. 3. The bond or surety shall be provided prior to the issuance of any building or grading permits and shall be valid for, two full years, from the date of installation, Of three years in the case of an extended timeline. 4. For any landscaping or screening that is not in accordance with the approved landscaping plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. F. Minimum Landscape Requirements. 1. Caliper Inches. The minimum caliper inches required per building site shall relate to the gross square footage of all floors of a building and the building height. A single story building in excess of thirty (30) feet in height shall be considered a two-story building for the purposes of determining gross squafe footage. Minimum total caliper inches = Gross Square Footage of all Floors of Building 320 2. Tree Ratio. The minimum total caliper inches shall contain the following minimum percentages of trees in various size ranges: Buildinl! Percental!e of Trees of Various In Stories 2.0" - 3.0" 3.5" - 4.0" 4.5" - 6.0" 1-2 50% 30% 20% 3-4 50% 30% 20% 5 and over 30% 50% 20% 3. Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes shown by dividing the height of the coniferous tree in feet by 2.4. 4. Minimum size at time of planting. a. Two and one-half (2.5) caliper inches for deciduous trees. b. Six (6) feet in height for coniferous trees. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 21 of31 City of Arden Hills Chapter 13 Zoning Code 5. Trees Along Street Frontage. A minimum of one tree shall be provided along the right of way for every fifty (50) feet of public street frontage. 6. Perennials and Shrubberies. At least ten (10) percent of the total landscaped area shall be covered with perennials and/or shrubbery and be planted within the perimeter of private parking, building, and driveway areas. 7. Planting Islands. Planting islands shall be required to visually break up expanses of hard-surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least ten (10) percent of the parking area. Planting islands shall be edged with concrete curbs. Parking lot planting islands shall be a minimum of 150 square feet in area, be of appropriate width and length, and include at least one tree meeting the requirements of this ordinance. G. Landscape Design Specifications. All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other Code regulations: I. Diverse Selection. The landscape plan shall include a full complement of over story, ornamental and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest. 2. Existing Plant Credit. Plant materials existing on a site at the time of development, may be used as a credit against the requirements of these landscape regulations; the City Council shall determine the extent of credit allowed, based on the evaluation of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations. 3. Plant Selection. The City maintains a list of trees that may not be used to satisfy the landscaping requirement ofthis section. 4. Method of Installation. All deciduous and coniferous trees shall be planted in accordance with American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade-moved trees. 5. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment, such as special Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page220f3l City of Arden Hills Chapter 13 Zoning Code seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3: 1. 6. Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved, shall be maintained in perpetuity by the property owner unless the City approves a change to the landscaping plan. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. 7. Erosion Control. All areas of any site shall be restored and maintained in accordance with provisions of the city erosion control standards, and other requirements of the Code. 8. Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility easements, road right-of-way, or where it would materially impede the clear vision area or other driveway. 9. Completion Deadline. All plants required for screening purposes shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or if an alternative schedule is set in a development agreement. In no case shall the period exceed six months from issuance of the certificate of occupancy. Subd. 4 Screening. A. Definition and Purpose. Screens and buffers are designated units of yard or open area where setbacks, landscaping, berming, walls, and fencing help minimize adverse impacts of public nuisances, such as: noise, glare, activity, or dust, which are often times associated with parking, storage, signs or buildings~ B. Types of Screening. The screening required in this section shall consist of a fence, wall or landscaping, subject to the approval of the Council. Landscaping may include a combination of any of the following: berms, shrubs, deciduous or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. When natural materials, such as trees or hedges, are used to meet the screening requirements, density and species of planting shall be such as to achieve 60 percent opacity year round at maturity. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 23 of31 City of Arden Hills Chapter 13 Zoning Code C. General Screening Requirements 1. Screening in Proximity to Residential Lot~. Screening shall be required where: a. Any business or' industrial use is adjacent to any zoned residential or along the boundary of any such residential lot; b. Any business, parking lot or industrial use is across the street from a residential district, but not on that side of a business or industrial use considered to be the front. c. Any non-residential use in residential districts by Conditional Use Permit or PUD, such as schools, houses of worship, day care facilities over ten (10), residential facilities over six (6), or public uses other than parks, adjoins or is located across the street from any single or two family residential lot. d. The driveway to a parking area of more than six (6) parking spaces, within a residential district, is within fifteen (15) feet of an adjoining lot. 2. All parking, loading service, utility, and outdoor storage areas shall be screened and buffered from all public streets and adjacent differing land use. 3. Screening of Mechanical Operating Equipment. On non- residential properties, 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 located so as to completely screen from view of adjacent streets and differing land uses. Mechanical operating equipment shall include all exterior devices used to service the building or its occupants, including but not limited to electrical, HV AC, plumbing, communications (including telephone and dish antennae) and storage tanks. 4. Exception to requirements. Screen and buffer requirements may be waived or modified by the city where the intent is otherwise satisfied by significant change in elevation, an existing screening, significant distance or similar circumstances. 5. Traffic Visibility. On all lots, nothing shall be placed or allowed to grow in such a manner as to materially impede vision the clear vision area. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 24 of3l City of Arden Hills Chapter 13 Zoning Code 6. Responsibility for Screening. The owner or occupant of the premises containing the use or features to be screened shall provide the required screening and maintenance. D. Fence Regulations. 1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of comer lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not restrict the clear vision area. 2. Height ofFences, Solid Walls and Hedges in Front Yards. Fences, solid walls and hedges in excess of three (3) feet in height in the minimum front yard building setback area are prohibited in all R-I and R-2 Residential Districts. 3. Electric Fences and Barbs or Spikes on Fences. No above grade fence shall have barbs or spikes or be of metal construction, which is charged or connected with electrical current within any district of the City. These fencing types shall only be permitted through a Conditional Use Permit. 4. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property. 5. Direction ofFence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property. 6. Fences in Public Rights-of-way. No fence, wall or hedge may be placed in a public right-of-way. 7. Fences in Non-Residential Situations and Exceptional and Unusual Circumstances in Residential Districts. Deviation from these require- ments for fences, walls and landscape screening may be permitted after Planning Commission review and Council approval 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 flexibility in meeting the purpose and intent of this subdivision without the necessity of proving a hardship as is required in the variance Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 25 of31 City of Arden Hills Chapter 13 Zoning Code procedure. The objective of this provision is to improve the livability, appearance, and security of properties and their relationships to one another. Subd.6 Restrictions on Nonresidential Uses Located in Residential Districts. In the granting of Conditional Use Permit or Planned Unit Development permits for nonresidential uses other than detached single family homes (i.e. uses such as houses of worship, day care facilities (over 10), residential facility (over 6), public uses, schools of any kind, multiple family dwellings, boarding houses and dormitories to be located in a residential district on a site of one (1) 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 constructed on said site closer than seventy- five (75) feet from any adj acent residential lot. 1325.06 Requirements for Parking, Loading and Circulation. Subd. 1 Off-Public Street Parking. A. 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 feet per vehicle of standing and maneuvering area. Individual spaces shall be at least nine (9) feet in width and eighteen (IS) feet in length. B. Access. All off-street parking spaces shall have access driveways and access directly to public streets or alleys. Curb cuts for uses other than single family homes shall require approval from the Council. The number of curb cuts along arterial and collector roads shall be held to a minimum whenever possible. Any residential lot, which has frontage on both a local street and a collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills) shall gain access only from the local street. C. Construction Standards. development: These standards shall apply to all 1. 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 Creek Watershed District. 2. Curbs. A concrete 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. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: Apri12S, 200S Page 26 of3l City of Arden Hills Chapter 13 Zoning Code D. Location. All off-street parking spaces herein required shall be located according to the following: 1. 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 be on the same lot as the principal structure served or within two hundred (200) feet of the main entrance if not located on the same lot. 3. Spaces required for business and industrial uses should be within eight hundred (SOO) feet of the main entrance to the principal building served. 4. No off-street parking space, with the exception of the driveways, shall be within twenty (20) feet of the right-of-way line of any public street, except in the GB District where the setback shall be fifty (50) feet. 5. In no case shall off-street parking areas 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 otherwise permitted in this Code. 6. If required parking is located on a site other than the site on which the principal building or use is located, a properly drawn legal instrument, executed by the parties involved, must be executed and filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such parking and which shall not be terminated without approval by the City Council. E. Joint Facilities. The required off-street parking spaces for two (2) or more uses may be located jointly on the same lot, adjoining lot, or in the same structure when 1. The number of spaces provided is equal to or greater than the sum of the separate requirements for each use; and 2. The joint facility is reasonably related to the destination of the user; and 3. It can be demonstrated that there will be no substantial conflict in the principal operating hours ofthe uses to be served; and Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 2S, 200S Page 27 of3l City of Arden Hills Chapter 13 Zoning Code 4. Setbacks for such joint parking facilities meet the mlmmum parking setback requirement from any lot lines other than the common lot lines between the lots involved in the joint parking where setback requirements may be waived; and 5. A properly drawn legal instrument, executed by the parties involved, is filed with the City and the proper county office, if deemed necessary by the City Attorney, which provides for such mutual parking agreement which shall be terminated without the approval of the Council. F. Reduction in Number of Required Spaces. The number of spaces required for a specific use may be reduced if the owner or occupant provides documentation that a lesser number of spaces will actually be needed than normally required by this Code and the City Council authorizes such lesser number after recommendation by the Planning Commission. The difference in the number of spaces provided and those required shall be shown on the approved site plan as "proof-of-parking" and shall be constructed if and when the need for such additional spaces arises. G. Conversion or Alteration of Approved Uses. Commercial or industrial buildings for a use, or uses, which is proposed to be converted, remodeled, or modified to accommodate another allowable use, or uses, which has a greater off-street parking requirement shall be required to apply for Site Plan Review and approval to assure the adequacy of off-street parking. H. Parking Structures. The minimum setbacks of parking structures shall be the same as for principal buildings in the district and the exterior finish shall be compatible with the principal building served by the parking structure. 1. Loading Areas and Maneuvering Space. Such areas shall not be used to satisfy the parking requirements in this Section. J. Off Street Parking Spaces Required: Bingo Halls Bowling Alleys Business & Professional Office 1 for each 1.5 max. seating capacity 5 for each lane plus spaces for related uses 1 for each 250 sq. ft. of gross floor area Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 28, 2008 Page 28 of31 City of Arden Hills Chapter 13 Zoning Code Churches, Theaters, Auditoriums, Mortuaries, and Other Places of Assembly Clinics Daycare, Nursery, and Pre-School Facility Dwelling Inside Motor vehicle Leasing or Sales Motels/Hotels Multiple Occupancy Structure Other Business and Industry Recreation Facility Residential Facility or Group Home Restaurants, Bars Restaurant, Fast Food Retail Sales Schools, Elementary, and Middle School Schools, Secondary Service Station Uses Not Specifically Noted Including Public Uses 1 for every 3 seats (based on design capacity) 1 for each doctor or dentist plus 1 for each nurse, technician, or professional and 1 for each 200 sq. ft. of gross floor area 1 for each teacher or employee plus 1 for each 5 individuals receiving care (design capacity) 2 for each dwelling unit 1 for each 250 sq. ft. of gross floor area used for showrooms, sales, and offices 1 for each employee plus 1 for each unit 1 for each space required for each separate use 1 for each employee on major shift plus 1 for each vehicle used in conducting the business or 1 for each 1,000 sq. ft. of floor area, whichever is greater 1 for each 1.5 persons at design capacity 1 for ever 4 residents plus 1 for each employee on major shift plus 1 for each on-call medical professional 1 for every 2 seats 15 stacking spaces for each customer pickup window plus 1 for each 2 seats 1 for each 150 sq. ft. of gross retail sales floor space 1 for each staff member plus 3 per classroom 1 for each school employee plus one space per 4 students 3 for each enclosed bay plus 1 for each employee on peak work shift As determined by City Council after recommendation by Planning Commission. K. Parking Capacity to be Maintained. 1. Surfacing and striping of parking lots shall be maintained in a manner that will assure that the designated parking capacity is met. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 2S, 200S Page 29 of3l City of Arden Hills Chapter 13 Zoning Code 2. Snow storage areas shall be provided so that the number of parking spaces is not reduced below the minimum required. The City may initiate proceedings to require that snow be hauled off the site if parking and circulation problems related to inadequate snow-removal occur. 3. Required parking, loading or maneuvering space shall not be used for the sales, storage, display or leasing of vehicles, boats or products, except for temporary use by special permit. L. Building Permit and Site Plan Approval Required. A building permit 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 facility that is not a part of, or has prior approval as part of a site plan for which a building permit has been issued. M. Inoperable and Unlicensed Vehicles. Passenger vehicles, recreational vehicles, trucks and watercraft that are in an inoperable condition or are unlicensed or in storage shall not be parked outdoors in the City for a period exceeding seven (7) days. "Inoperable" shall mean incapable of movement under its own power or in need of repair or disposal in a junkyard. Section 1320 & 1325 - Regarding Landscape Requirements Adopted: April 2S, 200S Page 30 of31 City of Arden Hills Chapter 13 Zoning Code The Arden Hills City Council further directs that a copy of this Ordinance which highlights the changes to Chapter 13, and a version of Chapter 13, as amended and repealed, be attached to this Ordinance and maintained in the book of Ordinances for the City of Arden Hills. ADOPTION DATE: Passed by the Arden Hills City Council on the 28th day of April, 2008. Dated: ,2008 EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Stanley D. Harpstead, Mayor ATTEST: James Willis, Interim City Administrator PUBLICATION DATE: Published on the 7th day of May, 2008 Section 1320 & 1325 - Regarding Landscape Requirements Adopted: Apri12S, 200S Page 31 of3l Attachment E Summary of Ordinance 2008-006 ~ ~HILLS April 28, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-006 On the 28th day of April, 2008, the Arden Hills City Council adopted Ordinance No. 2008-003, and by at least three/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a sununary of Ordinance 2008-006 be published. Chapter 13, Section 1320 and Section 1325, and related subdivisions are collectively known as, Ordinance 2008-006, entitled "Landscaping Requirements". The primary purpose of the amendment is to update and revise the City's Landscaping Requirements in the Zoning Code. A full copy of Ordinance 2008-006 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn.us.