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12-08-10-PC
Chair Clayton Larson Commissioners Andrew Holewa Liz Modesette Daniel Reiff Samuel Scott Roberta Thompson Clayton Zimmerman Angela Hames (Alternate) �EN HILLS Arden H ills Planning Commission D 8, 201 0 1245 W. Highway 96 Arden Hills, MN 55112 651.792.7800 www.ci.arden hills.mn.us City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda Regular Planning Commission Convenes 6:30 PM Call to Order Role Call 1. APPROVAL OF THE AGENDA 2. MINUTES A. November 3, 2010, regular meeting 3. PLANNING CASES A. Presbyterian Homes Tax Increment Financing Resolution B. Planning Case 10 -011; Zoning Code Amendment; City of Arden Hills Public Hearing 4. UNFINISHED AND NEW BUSINESS 5. REPORTS A. Report from the City Council B. Planning Commission Comments I6. ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http: /www.ci.arden hills.mn.us /planningcases DATE: December 8, 2010 PC Agenda Item 3.A TO: Planning Commission FROM: Jill Hutmacher, Community Development Director SUBJECT: Presbyterian Homes Tax Increment Financing Resolution Requested Action fl DEN HILLS MEMORANDUM The Planning Commission is requested to determine whether the redevelopment plan for Presbyterian Homes of Arden Hills conforms to the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. Background On December 13, 2010, the City Council will consider granting tax increment financing "TIF assistance for the redevelopment of Presbyterian Homes of Arden Hills. Minnesota Statutes, Section 469.175, Subdivision 3 states, "Before or at the time of approval of the tax increment financing plan, the municipality shall make the following findings, and shall set forth in writing the reasons and supporting facts for each determination: ...that the tax increment financing plan conforms to the general plan for the development or redevelopment of the municipality as a whole On November 3, 2010, the Planning Commission approved Planning Case 10 -012. The Findings of Fact for that approval included: The application is in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan; The application is not anticipated to create a negative impact on the immediate area for the community as a whole because the facility has operated on the site since 1955; the land use of the site is not proposed to change; the quality of the development and site design features are anticipated to generally enhance the aesthetics of the site and surrounding area; and the impacts on Lake Johanna and City of Arden Hills Planning Commission Meeting December 8, 2010 Page 1 of 2 water quality will be improved by increased storm water management and setbacks to the lake. The Master PUD and Final PUD advance the City's goals outlined in the Comprehensive Plan by promoting the development of a variety of housing options; preserving and increasing high quality housing opportunities that are suitable for a mix of ages, incomes and household types; encouraging the incorporation of affordable, life cycle, and work force housing into new development and redevelopment where feasible; and promoting the protection of lakes and the natural environment. Although the Planning Commission has already approved the Presbyterian Homes of Arden Hills project, TIF statutes require that the Commission approve a separate resolution finding that the redevelopment plans conform to the City's Comprehensive Plan. Recommendation Motion to Approve Resolution 2010 -010 as presented in the December 8, 2010, Memo from Jill Hutmacher. Attachments A. Tax Increment Financing District Overview B. Resolution 2010 -001 City of Arden Hills Planning Commission Meeting for December 8, 2010 Page 2 of 2 Attachment A Tax Increment Financing District Overview City of Arden Hills Planning Commission Meeting for December 8, 2010 Tax Increment Financing District Overview City of Arden Hills Tax Increment Financing District No. 4 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Tax Increment Financing District No. 4. More detailed information on each of these topics can be found in the complete Tax Increment Financing Plan. Proposed action: Establishment of Tax Increment Financing District No. 4 (the "District and the adoption of a Tax Increment Financing Plan (the "TIF Plan :)e of TIF District: Parcel Numbers: Proposed Development: Maximum duration: Estimated annual tax increment: A renewal and renovation district 33- 30 -23 -43 -0023 33- 30 -23 -43 -0003 Up to $321,779 0 FREERS LEADERS IN PUBLIC FINANCE Modification to the Development Program for Development District No. 1 includes the establishment of Tax Increment Financing District No. 4 and the modification of the boundaries of Development District No. 1, to be coterminous with the city limits of the City of Arden Hills, which represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 1. The District is being created to facilitate the redevelopment of the existing senior housing units owned by Presbyterian Homes, exclusive of the existing nursing home units which will remain. Presbyterian Homes intends to replace these units with approximately 202 new units, consisting of 166 senior apartments and 36 brownstone units, in the City. The duration of the District will be 15 years from the date of receipt of the first increment (16 years of increment), The City elects to receive the first tax increment in 2014, which is no later than four years following the year of approval of the District. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after December 31, 2029, or when the TIF Plan is satisfied. Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition $100,000 Site Improvements /Preparation $1,800,000 Public Utilities $400,000 Streets and Sidewalks $177,289 Administrative Costs (up to 10 $367,801 PROJECT COSTS TOTAL $2,845,090 Interest $932,922 PROJECT COSTS TOTAL UM Form of financing: The project is proposed to be financed by a pay- as -youjo note. Administrative fee: Up to 10% of annual increment, if costs are justified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. 4 Year Activity Rule After four years from the date of certification of the District one of the 469.176 Subd. 6) following activities must have been commenced on each parcel in the District: Demolition Rehabilitation Renovation Other site preparation (not including utility services such as sewer and water) If the activity has not been started by approximately April 2013, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments must be (s 469.1 763 Subd. 3) expended or obligated to be expended. Any obligations in the District made after approximately December 2015, will not be eligible for repayment from tax increments. Page 2 FREERS LEADERS IN PUBLIC FINANCE MAP OF DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICT NO. 4 City of Arden Hills Development District No. 1 TIF District No. 4 Development District No. 1 TIF District #4 Th e boundaries of Development Dist rict No. 1 are being expanded to he coterminous' with the cit y titbits of the Ci ty of Arden lli1. Created November 17, 2010 Page 3 LEADERS IN PUBLIC FINANCE EHLERS City of Arden Hills Planning Conannission Meeting for December 8, 2010 Attachment B Resolution 2010 -001 WHEREAS, the City of Arden Hills (the "City has proposed to adopt a Modification to the Development Program for Development District No. 1 (the "Development Program Modification and a Tax Increment Financing Plan for Tax Increment Financing District No. 4 (renewal and renovation district) (the "TIF Plan therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan and has submitted the Program and Plan to the City Planning Commission (the "Commission pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Program and Plan to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Program and Plan conform to the general plans for the development and redevelopment of the City as a whole Dated: December 8, 2010 ATTEST: Deputy Clerk PLANNING COMMISSION CITY OF ARDEN HILLS, MINNESOTA RESOLUTION NO. 2010 -001 RESOLUTION OF THE CITY OF ARDEN HILLS PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. Chair DATE: December 8, 2010 TO: Planning Commission FROM: Meagan Beekman, City Planner g Y SUBJECT: Planning Case #10 -011 Public Hearing Zoning Code Amendment City of Arden Hills Requested Action Background 7 HILLS MEMORANDUM City of Arden Hills Planning Conlnrission Meeting, for December 8, 2010 Page 1 of 4 PC Agenda Item 3.B Discuss and consider approval of Planning Case 10 -011 to amend Sections 1305 and 1320 of the Zoning Code to reconcile the recently adopted TCAAP zoning regulations with the regulations that pertain to the rest of the City. Specifically, Staff is proposing to update the City's Land Use Chart, Planned Unit Development Process, and Definitions sections of the Zoning Code to align with the TCAAP regulations. In June 2010, the City approved additions to the Zoning Code that pertained to that portion of the Twin Cities' Army Ammunition Plant TCAAP) that is anticipated to be sold for redevelopment. The purpose of the Zoning Code additions was to lay out a process by which a future developer would work with the City to obtain approval for a master plan, and each subsequent future phase of development on the property. The new regulations included a detailed Planned Unit Development (PUD) process that was based on an updated version of the City's existing PUD Overlay District process. The City also rezoned the property to two new zoning districts, Mixed Residential and Mixed Business, which correspond with the future land use designations in the City's Comprehensive Plan. As part of the rezoning, Staff developed an updated land use chart that pertained only to the TCAAP property zoning districts and was not incorporated into the City's other districts. Because not all of the land uses identified in the new land use chart had definitions in the existing Zoning Code, several new definitions were added. Other land use classifications that were included in the TCAAP land use chart already existed in the Code, but were brought up to date or clarified. Through the process of drafting the new zoning regulations for the TCAAP property a number of opportunities for improvements within other sections of the Code, and for other districts within the City, became evident. Because the focus of the TCAAP zoning regulation process was only the TCAAP property, changes that would impact other areas of the City were not made. It was determined that once the TCAAP regulations were finalized and in place Staff would begin working on incorporating the updates into the rest of the Code. Staff has been working on incorporating the changes made to the Code in regards to the TCAAP property into other aspects of the Zoning Code. The process affects four different sections of the Code. Section 1305.04, Definitions New and updated definitions created for the TCAAP land use designations would be used to replace outdated definitions in the existing Code that pertain to the City's other Zoning Districts. Section 1320.05, Land Use Chart When the TCAAP land use chart was added. it was added as a standalone section within the Code. Staff is g pro osin to consolidate the two proposing charts, which would require the modifications of some of the existing land use designations currently listed for the City's other Zoning Districts. Section 1320.06, District Requirements Similar to the TCAAP land use chart, the district requirements section was added as a standalone section. This would be added to the existing district requirements chart in the Code. This modification would have no impact on the existing district requirements for the City's other Zoning Districts. Section 1320.14, Planned Unit Development Overlay District This Section describes the City's existing PUD Process that is used for all districts in the City with the exception of the Mixed Business and Mixed Residential Districts on TCAAP. This Section would be updated to match the recently adopted TCAAP PUD process, so that the PUD p rocess is consistent throughout the City. Discussion Updating the district requirements chart (Attachment C) and the PUD process (Attachment B) is fairly straight forward, and has minimal impact on the City's other Zoning Districts. Additionally, the definitions section of the Code (Attachment A) has been revised to remove erroneous definitions, update the language of old definitions, and incorporate new definitions that were written for the TCAAP property. Consolidating the land use charts however has proven to be a more complicated task. Because the TCAAP land use chart includes new land use City of Arden 1 -fills Planning Commission Meeting for December 8, 2010 Page 2 of 4 classifications and eliminates more out -dated land uses, the City's existing land use chart requires significant modification in order to make it possible to combine the two. Staff has prepared a proposed Land Use Chart (Attachment C) based on previous discussions with the City Council, Planning Commission, and the City's legal counsel regarding land uses during the TCAAP zoning process. The designated land uses identified in the chart have been modified to match those that were adopted for the TCAAP property. The modified land uses, and their definitions within Section 1305.04, were previously approved by the Planning Commission and City Council for TCAAP and are not under review as part of this update. Rather, the classifications for each of those land uses within the City's other Zoning Districts outside of TCAAP are the focus of this revision. For example. because the definition for Institutional Housing was removed from the Code, and replaced with distinct definitions for the various types of institutional housing, the classification for hospital uses, nursing homes. and student housing facilities as a conditional, permitted, or prohibited use in each Zonin g District was added to the land use chart. Notable Revisions to the Land Use Chart In the attached chart, items that have been underlined are new language: items that have been struck are proposed to be deleted. The following list indicates notable changes to the Land Use Chart: The B -1 District This district consists entirely of Bethel University. This district was updated in order to appropriately reflect the current and future use of the District as a university. Houses of worship The land use classifications were updated to reflect the City's recent discussions regarding this type of land use with our legal counsel during the TCAAP g g zoning process. Daycare and Residential Facilities As discussed during the TCAAP zoning update process the definitions for family daycare, daycare facility. and residential care facilities were updated to reflect current State Statutes and to clarify their differences in the City's Zoning Code. As the definitions were altered, the land use classifications for these uses in each Zoning District also had to be revised. Institutional Dousing As discussed previously, the definition for institutional housing was removed from the Code and replaced with three new definitions for residence halls, nursing homes and assisted living, and hospitals. Because these land use designations were added to the Land Use Chart, the land use classifications for the uses within each district had to be created. City of Arden Hills Planning Commission Meeting for December 8, 2010 Page 3 of 4 Recommendation A public hearing has been scheduled regarding this planning case for this evening. If the Planning Commission is comfortable with the proposed changes a recommendation can be made this evening; however, Staff recognizes that additional discussion may be necessary and that the Planning Commission may find it appropriate to continue the item to a later meeting. If the Planning Commission chooses to make a recommendation to the City Council. Staff recommends the following action: Motion to Approve Planning Case 10 -011 Amending Sections 1305.04 and 1320 of the City's Zoning Code as Presented in the December 8, 2010, Planning Case Report. Notice Notice was published in the Shoreview -Arden Hills Bulletin. Staff has not received any letters, e- mails, or telephone calls from property owners or occupants in regards to this plannin g case. Attachments A. Section 1305.04, Definitions Black -lined version B. Excerpts from Section 1320, District Provisions Black -lined version C. Proposed Section 1320.05, Land Use Chart and Section 1320.06, District Requirements City of Arden Hills Planning Commission Meeting for December 8, 2010 Page 4 of 4 EN HILLS December 8, 2010, Planning Commission Work Session Attachment A Section 1305.04, Definitions Black- lined Version City of Arden Hills Chapter 13 Zoning Code Section 1305 Rules, Scope, Interpretation, Definitions 1305.01 Rules of Construction. The language set forth in the text of this Code shall be interpreted in accordance with the following rules of construction. Subd. 1 The singular number includes the plural and the plural includes the singular. Subd. 2 The present tense includes the past and future tenses and the future includes the present. Subd. 3 The word "shall" is mandatory while the word "may" is permissive. Subd. 4 The masculine gender includes the feminine and neuter. Subd. 5 All measured distances expresse be to the nearest tenth of a foot and its metric equivalent. Subd. 6 The word "lot" shall include h words "plot". "piece" and "parcel" of land. Subd. 7 The words "used for" 1 }de the phrases "arranged for "designed 1 t for", "intended for", improved for rna ntained for" and occupied for". 1305.02 Scope. From and after `effv .,le of this Code, the use of all land and every structure, building or portion of a ti erected, altered with respect to area, added to or relocated, and every use accessowthorg e City of Arden Hills, shall be in conformity with the provisions of this Code. exisfkg tructure and any use of land not in conformity with the regulations herein prescriba*hall liegarded as nonconforming uses or structures. This Code does not abrogate any eas6inent, covenant or any other private agreement where such is legally enforceable, provided t,hat where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreem' ents, the requirements of this Code shall govern. 1305.03 Interpretation. In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience and general welfare. Where the pmvisions of this Code impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Code shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Code, the provisions of such statute, other ordinance or regulation shall be controlling. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 1 of 29 City of Arden Hills Chapter 13 Zoning Code 1305.04 Definitions. (Revised 6/28/2010) Subd. 1 Acre. A quantity of land containing forty -three thousand. five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow). Subd. 2 Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two thirds (2/3) of that portion of the acre encompassed by wetlands, one -half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12 or more per every fifteen (15) feet or more of distance; and the entire area of public streets. Subd. 3 Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. Subd. 4 Administrator. The zoning adminis Subd. 5 Agricultural uses. Uses custo aril: g g associated with the growing of farm produce and the raising of farm animals‘r general use; but not including raising and '.1 4ti feeding (feed lots) of livestock, fur farms and~ els. 1 }1` t S'� 11 'tiS�'.ti. S ubd. 6 Alteration. As applied to a or structure, a change or rearrangement in the structural parts or in the existing. fac .hties, or an enlargement, whether by extending on a side or by increasing in h .ight or b ovin g from one location to another. 1 Subd. ii A rain u.. ii:k r private way which is used primarily for vehicular i ���ey service access to the ba.Lk or side.:of a lot abutting on a street. Subd 8 Animals, domestcY ~Common household ets, such as dogs and cats other p g animals kept for amusement, companionship, decoration, or interest. Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, g p> fowl, bees, and animals raised for fur. Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild. A:Antenna. A:Equipment, used for transmitting and /or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. Subd. 11 Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 2 of 29 City of Arden Hills Chapter 13 Zoning Code A.Subd. 12 Antenna dDish- -ant.: A parabolic- shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. 2. Class II: Dish Antenna thirty (30) ;'inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height. television receiving antenna, a windmitr and a wind powered generator. S-d: 4Subd. l3Apartment. A room or suite of roSs..located in a one- or two family building or multiple dwelling, which shall inelude a bath and kitchen accommodation, intended or designed for use as an p inde end voiesidence b a single household. by Std: -Subd. 1Appeal. An app bt Rox the review of an order, requirement, this Code made by an administrative officer nenl in the application and /or enforce of the Code. t1" S Sid. having 15Basenent. Any area of a structure, including crawl spaces. havin its floor or base sbgrade decision, determination or interpretation O d.d level) on all four sides, regardless of the depth of excavation below ground level. {Revised 05/05/10 S4Subd. "16Bluff. A= =p graphic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (Added 02/22/10) (1) Part or all of the feature is located in a shoreland area; (4) The slope must drain toward the waterbody. Section 1 305 Rules, Scope, Interpretation Definitions Adopted: November 13.2©06 Page 3 of 29 (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and City of Arden Hiles Chapter 13 Zoning Code SubdA6Subd. 17Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (Added 02/22/10) -fad 47Subd. l8Board. The board of appeals and adjustment established by this Code. SubctASSubd. 19Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (Added 7/1410 Sid: -Subd. 20Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line g Y thereof which may contain within its boundaries a sidewalk or portion of driveway. Y Subd. 21 Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or ro ert� storage of or is used for property, Y trade or manufacturing. Subd. 22Building line. A line poallekto a lot line or the ordinary high water ryy�ti1 level at the required setback beyond whichti s cture may not extend. (Revised 02/22/10) Sulad 22Subd. 23Buildin accessory st :g..01 use. A subordinate building structure or use which is located on the same lo-hich the principal building or use is situated p g and which is reasonable necessary appropriate and incidental to the conduct of the primary use of such principal uild :::or principal use 4Subd. 25Builcg heig t. The vertical distance from the average elevation of the grade along a face of d15401 mg to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced buildin g shall be the height of the tallest segment of the building. SubtL-45Subd. 26Building inspector. The inspector as provided for in the building code. S-u-bd:- 2- 6Subd. 27Building, principal. A building in which the principal use. of the lot on which it is located, is conducted. Subd: 27Subd. 28Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: a. Size and height of buildings or structures. Section 1305 Rules, Scope, interpretation Definitions Adopted: November 13, 2006 Page 4 of 29 City of Arden Hills Chapter 13 Zoning Code b. Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. c. Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. d. All open spaces allocated to buildings or structures. e. Amount of lot area per dwelling unit. SubilASSubd. materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. Subd-.49Subd. 30Business. Any occupation, employment or ente rise wherein enterprise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation.... OSubd. 31 Business services. Services wined primarily for other R p y e businesses, including such services as secretarial, clerickti, em p y. lo���: ent agencies, encies business machine service, printing, etc. Sub h 2 Subd. 32 Caliper inches. The diam a tree measured at 4.5 feet above the ground. (Added 4/28/08) Subd. 33 Cemetery!l e:rn al g en. Land used or dedicated to the burial of the dead, including cremator t s, r sow ums, funeral chapels and necessary sales and maintenance facilities. (Added' 74 Subd. 34Clea r� vision area: The clear vision area shall be an area within a triangle that is measured alon ti: the edge of the driving surface of the road at the intersection of two roads •(ub ic or private) and extending thirty (30) feet in each direction from the intersection4ith a line connecting the two end points. Revised 3/18/09 g p Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 5 of 29 Ci of Arden Hills Chapter 13 Zoning Code Su-bdk: 34Subd. 35Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (Revised 02/22/10) Subd. 36Clinic. A building for out patient medical treatment of humans or small animals. Subd. 37Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. S Subd. 38Clubs, sports and fitness. A place of assembly where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness. SubdASSubd. 39Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden. Hills, Chapter Subd. 39Subd. 40Commercial recreation a ind or.` A commercial recreational use conducted within an enclosed building, in arcade g, .._..:Y g arena, art gallery, assembly hall, athletic and health clubs, auditorium, bo ling alley, club or lounge, community center, pool or billiard hall, or a varier aize or franchised sports, orts, includin but p:... P including not limited to basketball, ice hockey wrestling, soccer, tennis and volleyball. This definition does not include public es ores ublic property. (Added 7/14/10) SubilA0Subd. 41 Connprehenstve plan. A compilation of policy statements, goals, standard and maps for p �g physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to the following items: Statements of licies, goals, standards, a land use plan, a community facilities plan, a transpotati: -fan and recommendations for plan execution. Subd. 42Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Comm ssion and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be p ermitted with restrictions on a site by conditional use permit granted by the Council. Sufbd:- 42Subd. 43Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. Subd:- -43Subd.44Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (Added 12/3/08) Subd: 44Subd. 45Council. The City Council, as established by the Code of Ordinances. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 6 of 29 City of Arden Hills Chapter 13 Zoning Code Sulxk 4.5Subd. 46Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (Added 7/14/10) Subd. 47Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 15). The critical root zone is 30 feet. (Added 4/28/08) Subth-47Subd. 48Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty -four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (Revised 7/14/10) Sulach-48Subd. 49Day care, family. Day carer more than ten children at one time of which no more than six are under school Ag. e. T. e licensed capacity must include all children of any caregiver when the children die present in the residence. (Added 7/14/10) -b h- 49Subd. 5ODay .care, group family. D are for no more than 14 children at any one time The total number of child i children of any caregiver when the children are present in the residence. (A� '7 /14/10) Subd -5OSubd. 51 Densit (1) acre 52De4jty net the *number of dwelling units permitted by the Code on one (1) net acre of land: Subd. 53Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 7 of 29 dwelling units permitted by this Code on one Suht1 53Subd. 54Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal conditions. Subch -54Subd, 55Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. C of Arden Hills Chapter 13 Zoning Code Subd. 5SSubd. 56Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old. bid -si4 esses Subd. Subd. 57Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. Subd. 57Drive -in business. Any business establishment offering to customers a service which is primarily or exclusively laid out, designed, equipped or operated so as to allow it establishments, but do not include businesses where prepared commodities, such as prepared- meaning of the foregoing general definiti Stiti Subd. 58Drive -up window. establishment that allows custoex without having to enter the bud stores, or restaurants which offer "take home" Section 1305 Rules, Scope, interpretation Definitions Adopted: November 13, 2006 Page 8 of 29 they are excluded from this definition as IFS window or other opening at a business Fur chase and /or receive a service or product 12/03/08) Su d: 5-7Subd. 59Dwelli :4 b mg or portion thereof, designed or used exclusively for residential occupa037, including single- family, two family and multiple family uses, but not including hotels {note nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor h omes or travel trailers. SSubd. 60Dwelling, Iive -work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A live -work unit is not synonymous with a home occupation because it is designed as a mixed -use facility, whereas the home occupation is secondary and accessory to the residential use. (Added 7/14/10) Subd: S9Subd. 61 Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units. Subd: 6OSubd. 62Dwelling, single family. A dwelling that consists of one (1) dwelling unit. Sub-ch-64Subd. 63Dwelling, two- family. A dwelling that consists of two (2) dwelling units. City of Arden Hills Chapter 13 Zoning Code Su Subd. 64Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming g houses, motor homes or travel trailers. Sd:Subd.65Dwelling unit, sin 1_e-family_attached. A dwelling unit which is located on its own individual lot but joined along a single lot linejoinessi to one (1) or more other dwelling units with a party wall and having a separate point of entry. Subd. 66Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry. accessory buildings, is covered with or bears a gau st earth. Su-bd:- 68Subd. 67Easement. A right or privilege in or of a erson or a government p g authority to use a parcel of land or portion. ereq for specific purpose. Sub 1:69Subd. 68Equal Degree of Eperoac h e t. A method of determining the location of floodway boundaries so the flood d on both sides of a stream are capable of conveying a proportionate share of flod Subd,70Subd. 69Exterior g6i storage of goods, materials, equipment, manufactured products and :items not fully enclosed by a building. Subd. 70Fan ily. An Individual or two (2) or more persons, each related to the other by blood, marriage adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living g together and maintaining a common household. (These regulations shall not be applied so PP as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing.nnendments Act of 1988). Sid. 72Subd. 71 Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs). Financial institution shall not include a consumer small loan operation. (Added 7/14/10) Subd. 73Subd. 72Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. S.ubd.73Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 9 of 29 City of Arden Hills Chapter 13 Zoning Code Subch-7-5Subd. 74Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. Subt -76Subd. 75Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. Subd. 77Subd. 76Flood- proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 77Floodway. A wetland or rake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. SubtL-79Subd. 78Floor area. The sum of tie moss horizontal area of all floors of a building as measured in square feet from the exersides of the exterior walls, or from the centerline of party walls separating arched bungs, but not including covered porches that meet the requirements in Sec n 135.03 Subd 2.D; decks; any space where the average floor -to- ceiling height is less f x feet; attached or detached garages; and other detached accessory structures. Subd. 79Floor area ratio (F. Ai Th e ratio obtained by dividing the sum of a building's floor area by the anot=f lot ea. S d s Subd. 80F of such line, which abuts 4: Subth--82Subd. 81 arag priv An accessory building or portion of the principle building which is inten sed for the storage of the private passenger vehicles of the family or families who :reside upon the lot upon which the garage is located. Subd-:- 83Subd. 82 Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. S 4Subd. 83Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one ton rated capacity. tininterninted frn hn1 nd ary line of a I rat, nr the length Subd: 8SSubd. 84Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (Added 7/14/10) Section 1305 Rules, Scope. Interpretation Definitions Adopted: November 13, 2006 Page 10 of 29 C4ty of Arden Hills Chapter 13 Zoning Code Subd. 85Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. Subd. 86Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities. or training facilities. (Added 7/14/10) Subd. 87Hotel /motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (Revised 7/14/10) Subd. 88House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercials or uses not normally associated with y worship. (Revised 7/14/10) Subd:90Subd. 89Household. The persorni persons occupying a single dwelling unit. A household may consist of a single fame o (1) person living alone, two (2) or more families living together or any grog of reld. or un- related persons who share living p arrangements. 11 Subd. 9OIndustry. Us0: h' the manufacturing, compounding, processing, packaging, treatment, assennb �g o� �vaxe��xs�ng of products and materials. rental basis. rest horns,: hospital sa atori m, nursing home, convalescent home, orphan home: of-- sa grav-e-1, or-other -e such r Subd:93Subd. 91 Junkyard. An open area where waste, used or second -hand materials are bought. sold. exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings. e te4he -gra Subd. 92Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 11 of 29 parcel e, w heve •s--•g e r City of Arden Hills Chapter 13 Zoning Code A. Naturally vegetated areas, B. Wetlands or ponding areas, C. Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), D. Decorative walkways and areas not to exceed fifteen percent (15 of the required landscape lot area, and E. Outdoor recreation areas. Subd. 93Landscaping. Plantings such as trees, grass, shrubs. Suh4- 97Subd. 94Loading area Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. -bd: 98Subd. 95Lot. A parcel of land desc be metes and bounds measurement, reference to a registered land survey, plat, record o`-rvey map, or other means, and separated from other parcels or portions b_ said .description, and which is occupied by, or is suitable under this Code and other a able ordinances for occupancy by one (1) principal building, or used together with an`cessory buildings or uses and such open spaces as are required by this Code. �t t ;tititi ti met. site urea within the lot lines. ldabe. The space remaining on a lot after the minimum landscape area space and setback requirements of this Code have been Subch-441Subd. 98 Lot a der family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling. Sulatt:142Subd. 99 Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). Sbbd: iO3Subd. 100 Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty -five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty -five (135) degrees. A comer lot shall maintain front yard requirements for each street frontage. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 12 of 29 Cty of Arden -tills Chapter 13 Zoning Code Subd. 101 Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. Subd. 1OSubd. 102 Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Subd. 103 Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. Subd. 104 Lot line, front. The boundary of 'a lot abutting a street. On a comer lot, the shortest street lot line shall be the front lot line. Subd. 105 Lot line, rear. The lot line n .ost nearly parallel to and most remote from the front lot line. Subt:4i3Subd. 110 Lot, g. public waters. Subd: 1 Subd. 106 Lot line, side. Lot Iis othern front or rear lot lines. On a corner lot, the longest street lot line shall b a side lot line. Subd- 1- 1OSubd. 107 Lot, interior. Iat at�iean a corner or reversed corner lot. t S 'sS Subd. 108 Lot, reversed co A corner lot, the rear of which abuts upon the side of another lot whether ao*s an a.t1ey or not Subt1,44-2Subc1. 109 Lot of rec o A lot existing as of April 10 1993, date of this Code or approved by tbRy as lot subsequent to such date, and includes non con arming lots. ne. A lot having one (1) or more lot lines fronting on Subt:-- 1-- 14Subd. 111 Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a comer lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. Su-bt 1--1-SSubd. 112 Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. Subd: -146Subd. 113 Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (Added O5/05/1O) Section 1345 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 13 of 29 City of Arden Hills Chapter 13 Zoning Code Su- 1 114 Manufactured home. A structure, transportable in one or more sections. which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured home" does not include the term "recreational vehicle." (Revised 05/05/10) Subd-A-18Subd. 115 Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally. these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics. food products, and nonalcoholic beverages; manufacturing of clothing and textile products: distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor' S .s and storage yards. A. Class I: Above uses without,xteijor storage. B. Class II: Above uses with perry tt d exterior storage. Subd.116 Metes and bounds A method of property description utilizing directions and distances comrneeg froRand terminating at an easily identifiable point. S-uh4 12 Subd. 1 Mineral traction. The use of land for surface or subsurface removal of sand, gravel R o ind trial minerals, and other nonmetallic minerals not regulated under Minn Y S tat. Cha pts. 93.44 93.51; or Successor Statutes. Mineral extraction does not include gra ng and excavating as defined in this Chapter. (Added 7/14/1 raction of more than four hundred (400) cubic yards of sand, gravel of oth ar h —single—parcel o whichever —is gr- eater. in such a- manner as to reduce the grade. Subd:422Subd. 118 Mobile home. A manufactured home designed, constructed, and equipped for use as a single family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. Sulachl-23Subd. 119 Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 14 of 29 City of Arden Hills Chapter 13 Zoning Code Suh -y- -2- 4Subd. 120 Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (Added 7/14/10) manner. Subd. 125Subd. 121 Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time. Su Subd. 122 Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. Sub4 -1-27Subd. 123 Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified_in a consistent visual and functional Subth-1-28Subd. 124 Native vegetation. Native to Minnesota, or that expand their range. unintentionally introduced by human Minnesota Plant Database (Minnesota D does not include Weeds. (Revised 02/22 0 Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 15 of 29 egtation" Plant species indigenous innesota without being intentionally or and are classified as native in the 02 or as amended). Native Vegetation nconfo g bs" ding. A building lawfully existing as of the option of tni bode, or amendment hereto, which under the cou l d' 'be I,uu,It becalice of restrictions on height setbacks V 1 'V V N 11� V /.NVr v r re i a o r other characteristics of the building or its location Su ac 2 125 No effective date of the ad provisions of th i s Code of this yards. lot coverage, floo on the lot where it exists Suinh-130Subd. 126 None+ foci g use A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. Subd-A-31Subd. Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. Su-b4.-432Subd.128 Nursing Home and Assisted Living Facility.. A facility that provides daily assistance and long -term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. (Added 7/14/10) Su bs 3 3Subd 129 Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, City of Arden Hills Chapter 13 Zoning Code stockpile. refuse. fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried b y such water. S 134Subd. 130 Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services. or carry on occupations and where goods are not stored, produced, sold at retail or repaired. including but not limited to the following. executive and administrative offices. business offices such as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, ors architects accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. g (Revised 7/14/10) Subd. 437Subd. 133 Open sales lots buying and selling any goods, materi* under the open sky prior to sale 131 Office showroom warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display and sale of goods or g merchandise on the premises, and /or for the storage and distribution of goods or merchandise from the premises. (Added 7/14/10) Su- d:- 1- 36Subd. 132 Off street parking argks. storage or parking of motor vehicles. true uses or areas of ground used for the p.W used or occupied for the purpose of Merchandise, and for the storing of same SubdA3SSubd. 134 Open spat (See Iandscape lot area.) Subt Subd1135 Ordinar h h' water level. The boundary of public waters and p wetlands, and shall be :a11. elevation delineating the highest water level which has been g maintained for a sufficient a=pe. ad of time to leave evidence upon the landscape and as P p determined by the Minnesota T)epartment of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly y aquatic to predominantly terrestrial. (Revised 02/22/10) Subd:440Subd. 136 Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloadin g space ace shall not be included in such area. btL-141Subd. 137 Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic. Sitinh-142-Subd. 138 Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (Added 7/14/10) Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 16 of 29 City of Arden Hills Chapter 13 Zoning Code Subth-143Subd. 139 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from the definition of "pawnbroker any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings g associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. (Revised 7/14/10) city. S:- 444Subd. 140 Person. Any individualw partnership, corporation, company, association, joint stock association or body polio includes any trustee, receiver, assignee or other filar representative thereo Su-btk-445Subd. 141 Personal services. t Services customarily rendered for 1 services shalrigit uoe minor storage and related sales of products and supplies related to the ser ce offered and for customers ordinarily utilizing g Typical p ersonal services include but are not limited to apparel cleaning; tailoring and hair styling, t im ng and cutting; beauty services; photographic services; and other y services of a n lar nature. Subth-1-46Subd. 142 Planned unit development (P.U.D.). The development of a tract of land in a unified _._pursuant to a development plan specifically approved by the Sub{!. -1- 4-7Subd. 143 Planning commission. The planning agency of Arden Dills as prescribed in Minnesota. Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council. Saba: -1-48Subd. 144 Protected waters. Any waters of the State as defined by State law. However. no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. Stibth-149Subd. 1 Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure. Section 1305 Rules, Scope, Interpretation Definitions Adopted: N ovember 13 2006 Paae 17 of 29 City of Arden Hills Chapter 13 Zoning Code Subd: SOSubd. 146 Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of water. which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt. Sub 1. 15-1 Subd. 147 Railroad right -of -way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses. car shops. car yards, locomotive shops or water towers. Subt1:452Subd. 148 Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd: tS3Subd. 149 Recreation commercial .reational facilities which are operated for profit or render a service which is custom.rily considered as a business. t h am 5 Subd. 150 Recreation, residential:. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic table's- chairs, barbecue stands, and similar ti. equipment or structures, when used t rata property, but not including electronic towers. tree houses, swimming pools, playhouses exceeding twenty -five (25) square feet of floor area. or sheds utilized fors- storage f equipment. gj hd S5Snhd J� 151 Recrent t Yr' vehicles (PVs Ve hicles for recreational or utilitarian V V V i✓ s uses that can be driven, towed hled, Including, but not limited to, motor homes and travel trailers, snowmobiles, pat campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. (Revised OQ7 /O8) Subch--1S6Subd. 152 Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self propelled or permanently towable by a light duty truck. and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer /travel vehicle. (Added 05/05/10) Subd:- -157Subd. 153 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the ground to the highest point of the recreational vehicle. utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utility /mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (Revised 02/07/08) Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 18 of 29 City of Arden Hills Chapter 13 Zoning Code Subd. 154 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to end of the recreational vehicle, utility trailer. or watercraft. including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. (Revised 02/07/08) 1 located thereon for the: s --for ex ubd— 5°Subd. 155 Regional flood. A flood which is representative of large floods known to have occurred generally in Minneso*d seasonably characteristic of what can be expected to occur on an average frequency 1k:the magnitude of the 100 -year recurrence interval. Regional flood is sync ymgys with the term "base flood 1 percent annual chance flood, or 100 -year elevation 111 Su b4- 460Subd l56 Regulatory flo� d „ection elevation. The regulatory flood protection elevation shall be an elevatitt o lower than one foot above the elevation of the regional flood plus any incu:es�es in food elevation caused by encroachments on the flood plain that result from degnation:: X•floodway. (Added 05/05/10) ses studying or investigating facts not readily available, -al ectrical metal4u research, but exel a x4 f s faetti search with animals is considered a separate category. Subs: 1-Subd. 157 Research animals. Animals kept in a laboratory setting for the pur- pose of testing and research related health care products. Subd. 158 Research and development facility. Establishments which conduct research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is considered a separate category. (Added 7/14/10) Subth-1.64Subd.159 Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college, university or seminary, Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 19 of 29 City of Arden Hips Chapter 13 Zoning Code organized and owned. or leased in its entirety, by a high school, college, university or seminary. (Added 7/14/10) SubiL465Subd. 160 Residential facility. Any licensed facility, public or private, which for g ain or otherwise, regularly provides one or more persons with a twenty -four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters. group homes, residential programs, or schools for handicapped children. Subth-466Subd. 161 Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises. -bd-.46Subd.162 Restaurant. fast food. Any esta rant which meets a number of the following requirements: Customarily provides quick.erviee to its customers; B. Offers to its customers a limner ;standardized menu of inexpensive food and /or beverages; C. Serves its customers: a counter located within the building on the premises and doh riot sto drily offer service at the table by waiter or waitress; D. Allows istoniers:. to consume their orders of food and /or beverages at tables or cotersin the building, in their automobiles parked on the premises, or awa r�4 n the premises as the customers choose; E. Packages and services a substantial proportion of its food and /or beverages in disposable wrappers, containers, cartons, boxes and bags; F. Provides a number of trash. litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and /or beverages are provided; G. Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; H. Specifies the items of food and /or beverage offered to customers on signs, placards, posters. valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 20 of 29 City of Arden Hills Chapter 13 Zoning Code Subd. 163 Retail sales and services. Stores and shops selling, renting or leasing goods for uses away from the point of sale or offers services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking, department stores, drugs. dry goods, electrical and household appliances, sales and repair. florist, food. furniture, furrier shops, garden supplies (year -round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops. musical instruments, office supply equipment, optometrists, paint and wallpaper. phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel. and similar type uses. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, and open sales lots are not included in this definition of retail sales.. Subtl-A69Subd. 164 Roadway. The entirety of a pate street and that portion of a public street extending from the back of UO c rb (i.e._ the curbline) on one side to the back of the curb (i.e., the curbline) on the e s de used primarily for vehicular traffic. -;tiff titi. Y Suibil:470Subd. 165 Schools, bus taVii School bus terminal shall be a building or space engaged primarily in the tray ortaton and activities associated with the transportation of students. secondary schools. I. Generates a high volume and rapid flow of in- and -out traffic because of its quick service mode of operation. eneral education. Nursery, primary, elementary and Subil,172Subd. dr ools, higher education. Junior colleges. colleges and universities approved by t finnesota 1igher Education Coordinatin g Board for the Minnesota Department of Education. Subd: 73Subd.168 Schools. special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on- site housing. SubdA-74Subd. 169 Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one -half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 21 of 29 City of Arden Hills Chapter 13 Zoning Code collision service, including body, frame or fender straightening or repair; overall painting or paint job. Sulad,---P5Subd. 170 Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and a road, well, highway. or property lines. SubiL-476Subd. 171 Setback. minimum building.. The minimum horizontal distance allowed by this Code. between a structure and a lot line. Sub: -1Subd. 172 Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. (Revised 02/22/10) Subd,178Subd. 173 Shoreland. The land located within the following distances from protected waters: A. One thousand (1,000) feet from_ pond, or flowage; and rdinary high water mark of a lake, Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 22 of 29 B. Three hundred (3 00) feet from 4 river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. C. The practical limits of may be less than the statutory limits where the limits are desinatby natural drainage divides at lesser distances, as shown on the official of the City. Sum: 479Subd. 174 Side k. :::.:bard surfaced public or private way, used primarily for pedestrian traffic. SubdASOSubd. 175 Sgri carne, identification, description, display, logo, illustration or device which is affixed to painted or represented directly or indirectly upon a building or other surface or piece of land. and which directs attention to an object, product, place, activity, person, institution, organization or business. Subt1:484-Subd. Significant tree. A tree that is important to the site and the neighborhood character. that is structurally sound and healthy, and that meets at least one of the following standards: (Revised 04/28/08) A. A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. B. A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to. cottonwood, poplars /aspen, box elder, willow, silver maple and elm. City of Arden Hill Chapter 13 Zoning Code C. A coniferous evergreen tree having foliage on the outermost portion of the branches year -round and which is at least fifteen (15) feet or more in height. D. A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. Subd. 177 Soil processing. The processing of sand, gravel or other materials mined from the land. SubdAS3Subd. 178 Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site. SubdAg4Subd. 179 Story. That portion of a building included between the surface of any floor and the surface of the floor net above �it or, if no such floor above, the space between such floor and the ceiling next abov::.it. Sum: -Subd 180 Story, half. A space tinder a sloping roof which has the line of intersection of roof decking and wall face not ire than three (3) feet above the top floor level, and in which space not more t ==t tbir s (2/3) of the floor area is finished for use A half story containing independent apartment or living quarters shall be counted as a full story. -b S6Subd. 181 Streets. ublic or private way, consisting in the case of a private way of a roadway and in the ease o a public way of a roadway and a boulevard (the latter of which may contain a sidewalk). used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherw s signated. The term "streets" includes the following classifications: A. Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. B. Cul -de -sac. A street with a circular tum-a-round and only one outlet. C. Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. D. Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system Section 1305 Rules. Scope, Interpretation Definitions Adopted: November 13, 2006 Page 23 of 29 City of Arden Hills Chapter 13 Zoning Code building). distributes travel to geographical areas smaller than those identified with the higher system. E. Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. P. Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays. Subd. 182 Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. Su-b 1. l88Subd. 183 Structure. Anything.. constructer, the use of which requires a permanent location on the ground or atchr.ent to something having a permanent location on the ground, including, but not lltnted to buildings, factories, sheds, detached garages, cabins, manufactured homes_ sins _recreational vehicles not meeting the g g exemption criteria otherwise specified in the z oning code, and other similar items. Sithch489Subd. 184 Structure e ssor, A detached, subordinate structure, the use of which is incidental and relate. to t _te principal use of or principal structure on the lot on which it is located. Subd.18_ Sueture, multiple- occupancy. (See Multiple occupancy S Subd. 186 Structure. principal. The predominant structure upon a lot in which the principal use of the lot is conducted. Subd:4-92Subd.187 Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices and air supported structures are examples of temporary or portable structures. Subd:4-93Subd. 188 Studios. A building or space within a building where professional artists, musicians, photographers. dancers. designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13. 2006 Page 24 of 29 City of Arden Hills Chapter 13 Zoning Code Subek-1-94Subd. 189 Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Added 05 /05 /10) Subd:49-5Subd. 190 Substantial improvement. (Added 05 /05 /10) Within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions B. Any alteration of an "historic structure provided that the alteration will not preclude the structure's contiruec _.designation as an "historic structure." For the purpose of this Ordinance ``l storic structure" shall be as defined in 44 Code of Federal Regulations. S Sud. 191 Tower. Any poigi,..s ere or structure, or any combination thereof, to which an antenna is attached, or: which is designed for an antenna to be attached, and all supporting lines, cables, wires and .brace; including but not limited to a free- standing radio (including ham radio aril irate radio transmitting) or television receiving g� g antenna, a windmill, and a wind -pc we ener. tor. Subd-.--1-9--7Subd. 192 1 Own llou A single- family dwelling_ which maintains private ingress and egress, contains o independent dwellings above or below it, and is attached to other similar dwellings by a" colnmon wall. S=A98Subd. 193 Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. Subd. 194 Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. Subth-2-00Subd. Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. S:Subd.196 Use, principal multiple operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13. 2006 Page 25 of 29 City of Arden Hills Chapter 13 Zoning Code Subd. 197 Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein. may be allowed as an accessory use by Conditional Use Permit granted by the Council. -3Subd. 198 Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. Subd:2-04Subd. 199 Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. b4 4O5Subd. 200 Utility substation. A str `e ...used for the relay or distribution of electric, water, sewer, telephone, etc., services:: Subd Subd. 201 Utility transmissioiik The transmission facilities of electric power and communication companies which coo; of directly serve abutting properties. Sub-ch-24-7Subd. 202 Utility trailer. ifipnient used for recreational sor utilitarian purposes that can be towed; such :as sp purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (R �d 0 2/07/08) S Subd. 203 Utthty A A vehicle, with or without a motor, and /or adapted for temporary living sleeping, _business or storage purposes; having a frame, but no foundation other than Whgels. locks, studs, jacks, horses or skirting, which does not reach or meet building code .reirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle. Sithch-20-9Subd. 204 Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the allowable uses within a district shall not be allowed as a variance. (Revised 05/05/10) Subd. 205 Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 26 of 29 City of Arden Hills Chapter 13 Zoning Code Subd. -Subd. 206 Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. Subd. 212Subd. 207 Warehousing. The storage and distribution of materials or equipment within an enclosed building. but not including personal storage facility. (Revised 7/14/10) Suhd-.-24-3Subd. 208 Watercraft. Motorized water oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing /hunting boats, pontoon boats, and any non motorized craft with greater than a two person capacity. This definition excludes non- motorized one and two person crafts such as canoes, kayaks, and paddle boats. (Revised 02/07/08) S d.2l4Subd.209 Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to Lakeshore property. Su Subd.210 Wetlands. Transitional low -lying areas between terrestrial and aquatic systems, either created or natural, cover shallow and sometimes temporary or intermittent waters as defined in the United„gtateliUli and Wildlife Service Circulator No 39. This includes, but is not limite d to svvarnps, marshes, bogs, sloughs, wet g g meadows, and shallow lakes and ponds with .eegent vegetation. (Revised 02/22/10) Subch--216Subd. 211 Wetland alterati n. tqation of a wetland includes changes to the wetland and /or wetland buffer strip in arils �t-o size, depth or contour; dredging; tillih p g� damming; alteration of the wateonrse; li itching; tiling; grading; draining; discharge of g g water, appropriation of water; f ang s in vegetation; or otherwise altering or destroyin g a wetland or wetland buffer t unctions. Alterations would not include Native Vegetation plantings or s feew ve clearing or pruning of prohibited or restricted noxious unless within a rai ag and Utility Easement in which case submission of and written approval by the lty is required. (Added 02/22/10) Subd. 212 etlarid buffer strip. An area of vegetated ground cover around the peter of a wetland that, either in its natural condition or through intervention, has the racteristics of buffering the wetland from surrounding landscaping. (Added Sit:--- 28Subd. 213 Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present. (Added 02/22/10) Su 2 9Subd. 214 Yard, front. A yard extending along the full length of the front lot line between the side lot lines. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 27 of 29 City of Arden Hills Chapter 13 Zoning Code bd.22OSubd.215 Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. S d- 2-24-Subd. 216 Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Subch-222Subd. 217 Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. Subd. 218 Yard Area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13_ 2006 Page 28 of 29 C4ty of Arden Hills Chapter 13 Zoning Code Sal. 219 Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. Section 1305 Rules, Scope, Interpretation Definitions Adopted: November 13, 2006 Page 29 of 29 EN HILLS December 8, 2010, Planning Commission Work Session Attachment B Excerpts from Section 1320, District Provisions Black-lined Version City of Arden Hills 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 manner consistent with the provisions of adequate public services and utilities. 1320.02 Designation of Zoning Districts. For the purposes of this Code the City of Arden Hills is hereby divided into the following zoning districts: R -1 Single Family Residential District R -2 Single and Two Family Residential District R -3 Townhouse and Low Density Multiple Dwelling District R -4 Multiple Dwelling District B -1 Limited Business District B -2 General Business District B -3 Service Business District B -4 Retail Center District NB NB District CC Civic Center District== GB Gateway Business Dtu 1 -1 Limited lndustu:tistrict::: 1 -2 General Industrial MOHO 1 -Flex 1 -Flex District PUD Planned Jnit` Jeve1 pment Overlay District 1320.03 Allowable Uses. Uses allowe:::in any district. Subd. 1 Permitte .Princip 1 Uses (P) Those uses that are allowed as a matter of right and multiple operatio.use as defined herein, if at least one of the operations is a permitted use and none off 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 Planning Commission and designated by the City Council as conditional uses which are similar to those listed; Section 1320 District Provisions Adopted: November 13, 2006 Page 1 of 65 City of Arden Hells Chapter 13 Zoning Code 1320.05 Land Use Chart. (Revised 12/3/2008) Zoning Districts: Antenna, Dish or Tower Baardinq.House _Business Service Clinic Club or Lodge (non-profit) ClubJ. Sports Fitness Commercial Recreation Day Care Facility, 10 or less Daycare Facility, over 10 Residential Daycare Facility, 6 or less Residential Daycare Facility, over 6 Dog Kennel Doe Run in /Drive -up Business Dry Cleaning Laundry pick -up station Dry Cleaning Laundry, service Dwelling: Single Family Attached Dwelling: Single- Family Detached Dwelling: Density Zoning Dwelling: Two-Fa m tly •D eltinq Multiple Family Earth sheltered Home Financial Institution Service Garage, Truck Horne Occupation Class l Home Occupation Class 11 Hotel /Mot t House of Worship Institutional Housing Land Reclamation Manufacturing Processing: Class 1 Manufacturincj Processing: Class I1 Mining Manufactured Home Park Mortuary„ Funeral Home Multiple Use Operation Nursery Ofi:ice Pawn Shop Personal Service Piblic Use Research Research Animals Restaurant Restaurant -Fast Food Retail Sales Service -Service. Station Sohaola General Education School, Higher Education Special Education Storage Exterior Studio :Theater, Indoor Line 'Utility Substation Utility Transmission Vehicle —Motorized, and rentals Vehicle 'Motorized, service Warehousin A A A A CA CA C P P C Permitted; "D" Planned Unit; r r N ot Permitted; Conditional Use Permit; "A" Accessory; "CA" Conditional Accessory Use Perm* tL Interim Use Permit Section 1320 District Provisions Adopted: November 13. 2006 Page 10 of 65 City of Arden Hills Chapter 13 Zoning Code Land Use Chart (Revised 7/14/2010) Section 1320 District Provisions Adopted: November 13, 2006 Page 11 of 65 City of Arden Hills Chapter 13 Zoning Code P Permitted Use C Conditional Use A Accessory Use CA Conditional Accessory Use D Planned Unit Development (PUD) not permitted C 1 C C C C C A Section 1 320 District Provisions Adopted: November 13, 2006 Page 12 of 65 X uj LL c) Cri 11 I I n 11 11 II 02: o (Y) c) cii cf ei 011 11 0 II 11 tO C 11 El It 11 II If 11 11 II II 11 11 II 11 It 11 II 11 11 11 11 I I II It II II 11 11 11 II 11 it it It it 11 11 11 11 11 ti CO 11 11 11 CV 11 11 II 11 11 11 11 II 11 11 11 II 0 0 0 0 0 0 CO CD CID cy 0 0 0 ED O V- t CO tO CD cti O) o E E „co E E E a> LL a) C C CL 0 0 0 •cr 11 I I CD 0 0 11 0.1 0 0 11 c) it -cf) 0 0 0 0 It it Lo t() I 1 11 cr) 0 0 0 11 C4 11 0 0 0 ti La 11 ti 0 La 0 0 Cr) 11 II 0 co CD C. II 11 LO 11 0 0 0 it 11 it it 0 0 0 0 0 0 11 0 0 II 11 LX) 11 11 ED 0 EV CV 11 LC) Ul MD MD 11 CO CO CID 0 CD CN EN LO LO If CO 0 0 (Y. 0 0 C II to LC) 11 CO CO CO 0 0 CO CO 11 LO 0) 0) CD 11 11 CO a 0 0 co LL 0 as 0 0 LL L._ co 11 11 10 C 10 CV LO C C c.) 2 0 0 0 0 0 0 tO CV 0 0 0 to CN 10 tO CV 0 CD CD 0 C 0 0 0 0 0 tO CV :10 0 0 0 sz) CV CV 11 LO cr) LC) 000 ED .4- el Lc) •11 11 to 10 000 a 0 It 0 CO CO 0 CD CD 1.0 0 0 0 NI` C) CV CD 0 0 '4 0 0) ti) ...Y 1 03 0 E3 a) L.... IT ,1--_ ct, a) o ci. 0 -2 c ..-1 g c '6 .‘c5 -c c a) c c-- r--: 0 rT) ED 5 cA L., ft c Z) c a) F L.... co u._ „40 C° op 13 tn E EL a) E E 4 e r a 2 .e 62) c g (1) .0 '5 o E D C c 0 5 -4 p c 1 !!ei.. Ekcci7),„01 c.750i<1\10° to 0) City of Arden Hills Chapter 13 Zoning Code District Requirements Chart (Revised 7/14/2010) Total housing units and building square footage will be determined based on the capacity of the adjacent roadways and intersections as determined by the required traffic study and may be reduced. Section 1 320 District Provisions Adopted: November 13, 2006 Page 14 of 65 MR MB 1. Minimum Lot Area (SF per Dwelling Unit) Single Family Two Family Multiple Family PUD Subject to PUD Master Plan 2. Minimum Lot Area (SF) Non- Residential Uses Mixed Use Project or Multiple Occupancy Center Single Use Project or Free standing Building Subject to PUD Master Plan 3. Minimum Lot Size (ft) Width /Depth Non- residential Single Family Two Family Subject to PUD Master Plan Subject to PUD Master Plan 4. Height, (ft.) 35 Single family, Two Family, and Townhome 55 —Apartments, condominiums, and cooperatives 60 5. Floor Area Ratio (F.A.R.) Subject to Rt Master. #an �S j ect to PUD Master Plan 6. Lot Covered by Structure 7_ Min. Landscape Lot Area 8. Minimum Building Setbacks (ft) Front yard Rear Yard (Principle) Rear Yard (Accessory) Side Yard Interior Principal (Min /total both yards on lot Side Yard Interior Accessory Side Yard Corner Other Setbacks Lakeshore High Water Mark Abutting Residential Zoning District 9. PUD CUP Maximum Density 10.4 uni :der acre not to exceed a total of 1,500 housing units.* Total building square footage shall not exceed 2.2 million square feet.* City of Arden Hills Chapter 13 Zoning Code District Requirements Chart (Revised 7/14/2010) Total housing units and building square footage will be determined based on the capacity of the adjacent roadways and intersections as determined by the required traffic study and may be reduced. Section 1 320 District Provisions Adopted: November 13, 2006 Page 14 of 65 City of Arden Hills Chapter 13 Zoning Code I. 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. J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer. 1. On -site ponding is encouraged as a visual and functional amenity. 2. Two or more projects may coordinate their water management plans for their mutual benefit. K. Utility Lines. Provision for uncrground utility lines shall be required in all development within the GB District. 1320.135 Special Requirements of the Mixed I sidential iod Mixed Business Districts. The Mixed Residential and Mixed Business Districts eeomass 460 acres of the former Twin Cities Army Ammunition Plant TCAAP) property, herafigfei the 460 acres is referred to as the TCAAP property. The TCAAP property represents a s nif carntp portunity to expand the City's mix of housing types, businesses, parks, and open spaces siike§"NyOr as an opportunity to consider an innovative development of regional significance such as a or league sports facility The information and procedures in this section are intended j, o ea framework within which a detailed development plan p P for these two districts will be created Th e::: plan lan must be a cohesive master plan that is cost- effective, does not burden the existing community, and advances the g oals of Arden Hills and the 2030 Comprehensive Plan. ...I riste =an shall be prepared ared ursuant to the Planned Unit p pursuant procedures outlk d in thi'O.ii In reviewing and approving a master p lan, the City Council shall make the final detamjnatkiii on the compatibility and consistency purpose with of the MB and MR Districts and all provisi= in this and related sections of the City Ordinances. Subd. 1. General Procedure. In order to achieve the purpose of the Mixed Residential and Mixed Business Districts, a reuse plan for the TCAAP property shall be prepared through the Master Planned Unit Development (PUD) process. This process promotes the reuse of land in a unified manner by treating the entire development as a single entity while recognizing the unique nature of the property. The procedure is summarized as follows: A. Applicant shall meet with City Staff to clarify and determine PUD requirements and discuss applicant's development concept. B. Applicant shall submit PUD Concept Plan to the City. C. Applicant shall submit a PUD Master Plan to the City. Section 1320 District Provisions Adopted: November 13, 2006 Page 39 of 65 City of Arden Hills Chapter 13 Zoning Code D. Planning Commission shall conduct public hearing(s) on the PUD Master Plan and make a recommendation to the City Council. E. City Council may conduct additional hearings and take action on the PUD Master Plan. F. The PUD Master Plan, as approved, including all applicable documents, is adopted as governing development plan for the MR and MB Districts and may be incorporated into the City's Zoning Code or into a Development Contract. G. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan shall be submitted for each stage of development and construction. H. Planning Commission conducts public hearing(s) for each Final PUD Plan submission and recommends action to the City Council. I. City Council may conduct adcdonal hearings and take action on the Final PUD Plan for each stage. J. Applicant applies for allYieceoary permits to begin construction. Subd. 2. Planned Unit Development (PU Plan Review. The PUD Concept Plan review process is a required step MR and MB District planning process. The Concept Plan is a separate applic application for a PUD Mast, an s review is completed. from the PUD Master an application. An .l be considered incomplete until the concept plan A. Purpo U Concept Plan Review is an informal discussion process that allows the applicant to present preliminary ideas about a contemplated development ct for the MR and MB Districts, and, in turn, the City may offer suggest and concerns regarding the concept. B. Application, Documentation, and Administrative Procedure. The applicant shall complete and submit to the zoning administrator an application on forms provided by the administrator, together with the required fee and escrow. C. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and transmit this information and the information submitted by the applicant to the Planning Commission and City Council to assist their review of the proposal. Applicants are encouraged to have informal consultations with City Staff prior to the fling of an application for Concept Plan Review, provided no statement or representation made by said staff shall be binding upon the City of Arden Hills. Section 1320 District Provisions Adopted: November 13, 2006 Page 40 of 65 City of Arden Hills Chapter 13 Zoning Code D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will be transmitted to the City Council. The City Council will offer comments and suggestions regarding the Concept Plan to the applicant. A public hearing is not required for this stage, and the City will take no formal action at this stage. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequent stages. Subd. 3. Public Engagement Plan. The former TCAAP property is a significant part of Arden Hills and its reuse will have an impact on the community and region. Input from the public is a vital part of the planning process. In conjunction with the City, the applicant must prepare a public engagement and information plan for the length of the planning and approval process. A. Public Meetings. The plan shall include three or more public meetings where the components in Subdivisions 5 through 15 can be addressed prior to the submission of a PUD Master Pl.n. The City may require the developer to hold one or more community .eet s to allow for community input during the PUD Concept Plan Review: B. Communications. The shall include a communications section that describes how information will :hared with the public and a schedule. C. Public Engagement P1` Approval. The public engagement plan shall be submitted at lean::. day:::prior to the first community meeting and shall subject to City oun iJ p oval D. Impletaton'od Master Plan Review. The public engagement plan must be n progress and at least two community meetings completed before the PUD M ster Plan application is considered complete. Subd. 4. Planned Unit Development (PUD) Master Plan. The PUD Master Plan for the MR and MB Districts shall conform to the following process. A. Procedure. The first step in the PUD review process is the submittal and approval of a PUD Master Plan. Upon approval, the applicant proceeds to the PUD Final Plan for each stage of development. B. Application and Documentation. The applicant shall complete and submit to the City a PUD Master Plan application on forms provided by the zoning administrator, together with the required fee and escrow. The applicant shall submit documentation addressing the PUD Master Plan components in Subdivisions 5 through 15. C. Land Use Application Complete. The PUD Concept Plan shall be completed before the PUD Master Plan application is deemed complete. The Section 1 320 District Provisions Adopted: November 13, 2006 Page 41 of 65 City of Arden Hills Chapter 13 Zoning Code PUD Master Plan application shall be considered complete once all required application and documentation required in Subdivisions 5 through 15 are submitted and deemed complete by the City. D. Procedure for Council Action. The procedure for Council action in Chapter 1355.04 Subd 6 shall apply. E. Other Requirements Applicable to a PUD Master Plan Approval. In making its decision as to whether to approve the applicant's PUD Master Plan the City Council shall also be guided by the provisions of Section 1355.04 Subd 3.B. Council action on the PUD shall follow the provision of Section 1355.05. F. Annual Report. Since the timeline for development is likely to last several years, the City shall require an annual report that provides information on the development timeline, environmental remediation, financial status, infrastructure improvements, and other related topics. Subd. 5. Land Use and Design Standardomponent. All regulations in Section 1325 shall apply unless otherwise modified in Secti A. Permitted and Conditlo lses. The permitted and conditional uses shall be in conformance with the 1 and Use Chart, Section 1320.05, for the MB and MR Districts. B. Prohibited e Y 1 e following land uses are not compatible with the MR and MB D trio -re prohibited: (i :sae :rental or storage lots, including but not limited to cars, bus trucks; ::motorcycles_ bicycles, recreational vehicles, trailers, boats, mob :omen machinery, lumber, building materials, and similar items. Open air en centers shall be exempt; (v) Crematoriums; (vi) Adult Uses; (ii) Mini storage facilities; (iii) Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products; (iv) Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department; Section 1320 District Provisions Adopted: November 13, 2006 Page 42 of 65 City of Arden Hills Chapter 13 Zoning Code (vii) Racetrack; (viii) Pawn Shop; and, (ix) Consumer Small Loan Establishments. C. Mixed Residential. The following design standards shall apply in the Mixed Residential District: 1. The City seeks to provide a variety of housing options and types to accommodate the current and future needs of Arden Hills. This may include market rate housing, affordable housing, and senior housing. The housing shall be primarily owner occupied housing. 2. The maximum number of dwelling units will be determined based on the capacity of the adjacent roadways and intersections as determined by the required traffic study and pity review but shall not exceed fifteen hundred (1,500) dwelling unit 3. Single- family dwellings (ihed or detached), two family dwellings, or townhouses shall comprise at least 70 percent of the total :t number of dwelling 6 on the TCAAP property. Multi family dwellings, including apartntts, cooperatives, and condominiums, shall not contain more than t u ~ty.. 0 percent of the dwelling units on the TCAAP property. Nast t fifty (50 percent of the multiple family dwelling uni :eg11 belwner occupied or cooperative units 4. Apartrffe0 and condominiums shall not be concentrated near the entrance &Mili ay 96 or be entirely concentrated within one area of the TCAAP property. Apartments and condominiums shall be located so that the entrance at'County Road H is considered the primary entrance and exit to the prepay. Connections between commercial uses and apartments and condominiums shall be required to help create synergy between these uses and to provide access to employment opportunities for the residents. 5. Nursing home and assisted living uses shall not exceed fifteen acres of the Mixed Residential zoning district. 6. Single- family dwellings (attached and detached), two family dwellings, and townhomes shall be limited to thirty -five (35) feet in height. 7. Apartments, condominiums, and cooperatives shall be limited to fifty-five (55) feet in height. Section 1320— District Provisions Adopted: November 13, 2006 Page 43 of 65 City of Arden Hills 13 Zoning Code 8. Apartments, cooperatives, condominiums, and other multi family housing shall be in substantial conformance with the design standards in Section 1325.05 Subd. 8. 9. Housing design shall utilize a variety of building sizes, designs, layouts, facades, and lot sizes. While housing design shall be complementary, detached adjacent housing structures shall not use substantially similar exterior facades, including paint colors, materials, layouts, or designs. D. Mixed Business. The following design standards shall apply in the Mixed Business District: 1. The City is seeking to diversify its commercial tax base and generate high quality jobs to create an economically sustainable development and community. The City is seeking a corporate campus to help diversify the City's commercial tax base N and provide a mix of employment opportunities. The City is seeing to establish a viable grouping of retail p g uses to enhance long- term'susrnability and create a destination for residents and visitors. 2. Structures must b nstructed from high quality, long lasting materials and be ill. with the design standards in Section 1325.05 Subd 3. The total:square footage in the Mixed Business District will be determ:ed ::::::on the capacity of the adjacent roadways and intersections== determined by the required traffic study and City review but sligiffititsg 2.2 million square feet. Office Showroom and Office Wariouse sll not exceed fifteen (15%) percent of the total building g square ootag :in the Mixed Business District. 4. Individual retail users shall be limited to no more than fifty thousand (50,000) square feet but two individual retail users may have a building footprint up to one hundred thousand (100,000) square feet. 5. Structures with warehousing shall contain an office or retail component comprising at least ten percent (10 of the establishment's gross floor area. 6. Service stations shall not exceed a maximum lot size of one (1) acre. If the service station occupies more than one lot, the combined lot size shall not exceed one (1) acre. 7. Buildings in the MB District shall be limited to sixty (60) feet in height. Additional building height may be permitted by conditional use permit if: Section 1 320 District Provisions Adopted: November 13, 2006 Page 44 of 65 City of Arden Hills Chapter 13 Zoning Code a. The additional height provides an economic benefit as determined by the City Council; b. The additional height does not cast a shadow on a public park and /or open space; c. At least fifty (50 percent of the parking is provided in structured parking; and, d. The building meets a minimum of three of the building design standards listed in Section 1320.135 Subd. 11.A E. Landscaping and Tree Preservation. A comprehensive landscaping and tree preservation plan shall be completed. The plan shall include planting designs and schedules for parks, public spaces, residential development, commercial/ industrial development :and rights -of -way. F. Amenities in the Right -of -y =`e City may require such amenities as street lighting, sidewalks, lane caping,IN other features located in the right- of -way, including medians' ='and boulevards, to be rivatel managed and P Y g maintained by a homeownessociation, business improvement district, or other similar entity. G. TCAAP Property Entr and Exit Design Enhancements. Each rimar P Y vehicular access: =point to the TCAAP ro ert shall be designed with a p P Y g gateway feature con ng: -of a combination of signage, landscaping, li htin g lighting and public art, des fined to create an attractive and identifiable entrance and to enhance eprpens overall image and appearance. Such designs shall .may nclude:e folio 41g elements: 1. Gatev signage comprised of such materials as brick, stone and metal with landscaping around the sign. The signs shall include exterior architectural -style lighting. 2. Enhanced landscaping near the entrance points that include trees, shrubs and flowering plants. Landscape materials shall be grouped around gateway signs to create a visual focal point oriented to the main entrance. 3. Pedestrian -scale ornamental street lights. 4. Public art or architectural elements that evoke the natural environment and history of the TCAAP site. Such elements may be integrated into gateway signage and lighting. 5. Gateway designs must demonstrate compatibility with any public improvements, amenities. or design elements established by the City. Such Section 1320 District Provisions Adopted: November 13, 2006 Page 45 of 65 City of Arden Hills Chapter 13 Zoning Code elements include, but are not limited to, lighting, signage, fencing, pavement materials, landscape materials and street furniture. 6. Properties adjacent to the access points shall be designed so that parking lots, trucking bays, and mechanical equipment are properly screened from the access point. H. Parking. The amount of parking spaces provided shall not exceed the spaces as calculated by the requirements in Section 1325.06 Subd 1.J. An applicant may request a modification of the maximum allowed number of parking spaces by submitting a study of anticipated parking demand. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analysis. Shared parking shall be required where feasible. Parking structures are encouraged to reduce surface parking lots, increase landscaping, and use the land more efficiently. I. Bridges. Any bridges on th9 site or reconstructed to accommodate development on the site shall pro de bicycle and pedestrian pathways. The bridges shall include design::: elements that are compatible with the development. The design an constrton of any bridge over Rice Creek shall be coordinated with R rose -County and respectful to the adjacent open space. J. Signs. Chapter 12 re shall apply. When a parcel is developed, the following Sign I :trcts shall apply: 1. District::: =1 parcels. 2. strict 2 all apply to all multiple dwelling parcels. 3. District shall apply to all commercial, retail, and industrial parcels. A. Traffic Study. Subd. 6. Transportation and Transit Component. apd ly to all single family and two family dwelling 1. The City shall require a traffic analysis that is prepared by a traffic engineer. Such analysis shall assess the impact of the development proposal on adjoining and internal roadways and intersections as well as on -site circulation. 2. If the traffic study indicates that a proposed project or use will have significant impact on the existing service levels of roadways and intersections, the City shall require a traffic management plan to mitigate traffic impacts. Such plan may include travel demand management strategies, use of transit facilities, or other appropriate measures to reduce Section 1320 District Provisions Adopted: November 13. 2006 Page 46 of 65 City of Arden Hills Chapter 13 Zoning Code traffic congestion. Such plan may also necessitate improvements to on- and off -site road systems and intersections. The applicant shall be responsible for installation and expense of necessary road system improvements and pedestrian facilities. 3. The development capacity of the property shall be limited to the reasonable capacity of the road systems as determined by the City. The City may limit the amount and type of development so as not to cause undue burden on the road system. B. Transit. The applicant shall provide opportunities for transit connections on the property. The City may waive this component in areas if such connections are deemed infeasible. C. Pathways. 1. A comprehensive pathway plan for pedestrian and bicycle circulation shall be submitted with the proposal. The development proposal shall seek to create a walkable.:: environment that is pedestrian and bicycle friendly. 2. This plan shall pro an integrated network of sidewalks and trails property the proty that: connects the residential and commercial areas; parks; adjacnt�� d1oped areas, adjacent regional trails. A trail and /or sidewalk connection shall be integrated through the development g p from the southern to tl :_northern border in addition to the regional trail. g 3. Sidewalk: �and trails shall be at least eight (8) feet in width and prove aua::snow storage, subject to the approval of the Public Wo s D irector, in the form of a landscaped boulevard between the sidewal or trail and the road edge. Pathways intended for both bicyclists Y Y and pedes „Ohs shall be at least ten (10) feet in width. D. Streets. Streets on the TCAAP property shall be in conformance with local, county, and State requirements. A comprehensive street plan shall be submitted with the proposal, including a hierarchy of street types. The plan shall be integrated with the comprehensive pathway plan and provide for multimodal access throughout the TCAAP area. Roads designated as primary streets shall incorporate a "complete streets” approach that provides for the movement of pedestrians, bicyclists and transit vehicles as well as motorists. Subd. 7. Park, Recreation, Pathways, and Open Space Component. A. Park, Recreation, Pathway, and Open Space Needs. In order to meet the needs of the development and population on TCAAP, the applicant shall dedicate developable land to create an integrated, park, recreation, pathway and open space system that is open to the general public. Private landscaping; Section 1320 District Provisions Adopted: November 13, 2006 Page 47 of 65 Park Dedication Requirement Total Sale Acres Park Dedication Requirement up to 450 10% 450 -469 14% 470 -489 17% 490 -509 21% 510 -529 24% 530 -549 27 550 -584 30i 585+ ::4"g City of Arden Hills Chapter 13 Zoning Code private pathways; and rights -of -way, including Landscaped medians and boulevards shall not count toward the park, recreation, pathway, and open space requirement. The park dedication requirement shall be based on the total acreage of former TCAAP property made available for sale by the General Service Administration, on behalf of the United States Army. The area made available for sale may exceed the combined area of the Mixed Business and Mixed Residential Zoning Districts. The park dedication requirement shall be as follows based on the total sale area: In lieu of the dedication of the land for recreational purposes, the City Council may require the developer try::: p to the City, as an equivalent contribution, an amount in cash equal to the pe:ntage of the land required to be dedicated, a multiplied by the fair a tt:vaue of land remediated to MPCA Tier II Residential SRV Theprk dedication may be divided between a land dedication and cagiViontn vtion at the discretion of the City. B. Park, Recreation; Pathway and Open Space Plan. A park, recreation, and open space= =Ian. shall be prepared to serve the needs of the development, including a capita:: improvement plan and maintenance costs. The amenities within the pJan shall be incorporated into the MR and MB areas to meet the needs of the development. 1. The plan shall include at least one central community park of 20 acres with the following features: a. A water feature designed to hold standing water, which may also be used for stormwater management at the discretion of the City. b. At the ordinary water level of the water feature, it shall occupy at least twenty -five (25 percent of the total area of the park but shall not exceed fifty (50 percent of the total area of the park. c. A continuous system of publicly accessible trails shall occupy the perimeter of the park and water feature. Section 1320 District Provisions Adopted: November 13, 2006 Page 48 of 65 City of Arden Hills Chapter 13 Zoning Code d. The park shall include a community gathering space such as a plaza, courtyard, band shell, or other similar amenity. e. At least twenty -five (25%) percent of the perimeter of the water feature shall have a maintained shoreline that compliments or is connected to the community gathering space. A maintained shoreline may include manicured vegetation and /or an improved surface. The remaining shoreline may include a natural vegetative buffer and /or other natural materials. 2. The plan shall include at least four (4) additional parks of at .least two acres in size. 3. The parks shall be integrated into the development and connected with trails and sidewalks. 4. Stormwater requirements, such as ponding and infiltration areas, shall not count toward the park, recreation pathway, and open space needs, unless, at the sole discretio o t .e Ci the area is incorporated as a tY rp design feature of the par =or o er -ace and is available for public use p gyp: p The developer shall remain:: responsible for maintaining stormwater p g facilities. 5. The parks shatopro d such as, but not limited to, p icnic shelters, play struct benches, walking/bike paths, ball fields, tennis g courts, and basketball courts as approved by the City. pp Y Y- 6. The plan Aitigiall dedicate land- to complete a one hundred and fifty (1 50)_..0oi: w de:Aamsey County South Regional Trail corridor along the ease property line in any location where the trail corridor width is less than fone .hung ed and fifty (150) feet. C. Dedication to the Public. The City reserves the right to require all or a Y g q portion of the park, recreation, pathway, and open space system to be dedicated to the public. The City may require all or a portion of the system to be privately managed and maintained by a business improvement district, homeowners association, or other similar organization as approved by the City, provided that the system remains open to the general public. D. Environmental Remediation. Prior to the City accepting any dedicated land for park and open space uses, the applicant shall complete the environmental remediation to levels acceptable for recreational uses as regulated by the Minnesota Pollution Control Agency (MPCA). The applicant shall provide the City with a Certificate of Completion, Development Completion letter, or similar document provided by the MPCA if remediation is necessary. Section 1 320 District Provisions Adopted: November 13, 200E Page 49 of 65 City of Arden Hills Chapter 13 Zoning Code Subd. 8. Utilities Component. A. All utilities, including electric and cable utilities, shall be installed underground. B. Electrical substations shall be substantially screened from adjacent properties. Subd. 9. Alternative Urban Areawide Review Component. The applicant shall complete an Alternative Urban Areawide Review (AUAR) prior to approval of the PUD Master Plan. The AUAR shall be completed in accordance with requirements set by the Minnesota Environmental Quality Board and other applicable agencies. Recommendations provided by the final AUAR shall be incorporated into the PUD Master Plan unless otherwise waived by the City. Subd. 10. Environmental Review and Remediation Component. A. A Response Action Plan sh be prepared that can accommodate the proposed land uses. The plan.::= sha: neet all Minnesota Pollution Control Agency (MPCA), United State Environmental Protection Agency (EPA), and any other applicable agency's requirements. The plan shall include a financial surety that is subject to Caproval that ensures that the entire property is remediated to the required stand s within a specific timeline as determined by the MPCA and the UD Master Plan shall not be approved until approval Y of the environiikeiial remediation plan by the applicable regulatory pp g Y B. Environme remediation of the TCAAP property in a timely manner is a top prl o= community to ensure that the health, safety, and welfare of :��e ���e� current .Od future esidents are protected. The PUD Master Plan shall include a detailed nlelin: and action steps to complete the Response Action Plan. A p p PUD Mastee: n that selectively uses uncontaminated areas and ignores contaminated property shall not be approved. Failure to comply with the Response Action Plan and associated remediation timeline may result in revocation of the PUD Master Plan and subsequent PUD Final Plans as determined by the City Council. C. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. D. The PUD Master Plan shall comply with all Rice Creek Watershed District (RCWD) requirements. Final PUD reviews shall not be exempt from changes to RCWD regulations. Section 1320 District Provisions Adopted: November 13, 2006 Page 50 of 65 City of Arden Hills 13 Zoning Code Subd. 11. Environmental Sustainability=CompoWt. The PUD Master Plan shall incorporate green building and design principles where feasible, and shall meet the following requirements: A. Building design.d..that are greater than ten thousand (10,000) square feet in gross floor re and are occupied by any business that is p art of a group of ten or:o businesses dong business in Minnesota or nationally shall incorporate at .h 4:.:two of the features in the following section. All new buildings over fi fteen thousand (15,000) square feet in g ross floor area shall incorporate =t=.st two of the features in the following section. All buildings g s with 15: 00 or fi ver square feet in gross floor area, including residential including units, are i ommended to meet these building requirements. 1. Daylighting of building interiors, using window placement, skylights, solar tubes, and similar techniques; use of energy efficient, Dark Sky compliant outdoor lighting for all outdoor building and site lighting. E. The United States Army operates a network of welds, underground pipes, and a treatment plant to remediate the groundwater contamination. This groundwater treatment must be able to continue along side any redevelopment. Any proposed changes to the monitoring wells and /or groundwater treatment infrastructure shall be subject to approval by the EPA, MPCA, and the United States Army. F. The applicant shall enroll in the MPCA's Voluntary Investigation and Cleanup (VIC) program and the MPCA's Petroleum Brownfields Program (PBR). A Response Action Plan (RAP) that is approved by the MPCA shall be submitted prior to the City issuing any building permits or approving any subdivisions. The applicant shall provide a Certificate of Completion from the VIC program and Development Completion letter from the PBR prior to the issuance of the Certificate of Occupancy by the City for each stage of development or building as deemed appropriate by the City and MPCA. G. The developer shall comply with any federal and state land use restriction for the site. 2. Meeting a green building performance standard such as DEED, B3, EnergyStar, passive design, or other standard at the City's discretion. 3. Incorporation of renewable energy features, including solar, wind energy or geothermal systems, into the building or site. This may include using the Army's water treatment process to develop geothermal energy generation capability and /or the use of land and buildings for solar or wind energy generation. 4. Energy Efficiency: A minimum of a thirty -five (35 percent increase in overall building energy efficiency as compared to the Minnesota Energy Section 1320 District Provisions Adopted: November 13, 2006 Page 51 of 65 City of Arden Hilts_ Chapter 13 Zoning Code Code. Energy efficiency is to be defined by the use of purchased (generated or refined at a separate site) or on -site- generated fuels consumed per square foot of occupied space. Calculations can take into account the use of the following: a. On -site generated renewable energy, including photovoltaic, wind, or hydro generation of electricity; passive solar systems using solar heat or light; geothermal source; or other use of renewable fuels displacing the use of non renewable fuels in the building's systems. b. Efficiency of all building mechanical systems that bum, convert, or transform the energy in natural gas, electricity, oil, coal, steam, or purchased heat or cold in any form. c. Calculations shall not include manufacturing or mechanical processes for which the State of Minnesota has not set a minimum standard. B. Stormwater management. wAtil development techniques shall be employed within each phasei..bf the PUD Master Plan, to include, but not limited to: 1 Use of rain gardens an :other methods for bioretention of stormwater runoff. 2. Use of b osv ales and similar features designed to trap pollutants and silt in runo 3. Integffition Integration Migreen roofs and roof gardens on buildings where feasible to coiffrol raiiiiiyater and other benefits. 4. Use 0:F rvious pavement for parking areas, walkways, plazas and other paved surfaces. 5. Development of internal courtyards with plants and water features. 6. Design of stormwater collection areas as park features and public amenities. C. Outdoor Lighting. All street lighting and lighting of walkways and public areas shall be Dark Sky compliant and energy efficient (LED or equivaIent). Subd. 12. Contractual Component. The City shall prepare the necessary development agreement or contracts for the PUD Master Plan. The applicant shall submit agreements or contracts affecting the owner or owners of individual units or of the entire project proposed under the PUD Master Plan, such as homeowners' agreements, business improvement areas, and covenants. Section 1 320 District Provisions Adopted: November 13, 2006 Page 52 of 65 City of Arden Hills Chapter 13 Zoning Code Subd. 13. Financial and Resources Component A. The applicant must demonstrate that the tax base of the redevelopment will support the long -term maintenance of the on -site infrastructure and support City services including, but not limited to, police, fire, inspections, and maintenance of roads and parks. The City shall require a detailed pro forma that shall be updated with each PUD Final Plan to ensure that the development is supporting the services and infrastructure required for the development. B. The applicant shall be responsible for all costs related to studies, consultants, and City staff time needed to facilitate the review of the application. The City reserves the right to select or reject any consultant. C. All development and permitting fees in the City's fee schedule apply, including the Metropolitan Council's and Arden Hills' sewer access charge and water access charge. Subd. 14. Construction Staging Component. A construction staging plan shall include a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities specified in the master plan, includx park and open space improvementsa dates and shall specify the prapose occupy completed structures o= s to related services and fac ties e eb separate construction stage. The construction staging plan shall reference= =and coordinate with the required Response Action Plan and timeline in Section 1320 35 Subd. 1OA &B. Failure to comply with the construction staging plan may result in revocation of the PUD Master Plan and subsequent PUD Final Plans as determined the *y Council. Subd. 15. Subdivision Component. ut not. imited to transportation improvements and a ging plan shall include estimated completion er of request for utility release or authority to tirovide a basis for determining the adequacy of the A. Each subdivision shall contain a descriptive statement of the principles governing the proposed subdivision of land, including lot design for various proposed land uses. Each subdivision request shall include all of the documentation necessary for preliminary plat approval as found in the Subdivision Ordinance of the City of Arden Hills. This component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any PUD Final Plan to the PUD Master Plan. B. No subdivisions shall be approved until the PUD Master Plan is approved. C. No subdivision that isolates an area due to environmental remediation needs or requirements shall be approved. Section 1320 District Provisions Adopted: November 13, 2006 Page 53 of 65 City of Arden Hills Chapter 13 Zoning Code D. Each subdivision shall comply with the Response Action Plan (RAP) and remediation requirements in Section 1320.135 Subd. 10, Environmental Review and Remediation Component. Each subdivision shall require a financial surety to ensure that the environmental remediation is completed in conformance with the approved (RAP) or other environmental remediation requirements as determined by the City and the Minnesota Pollution Control Agency (MPCA). Subd. 16. Planned Unit Development (PUD) Final Plan. A. Purpose. The purpose of the PUD Final Plan is to implement and ensure conformity with the PUD Master PIan. Each stage of the PUD Master Plan shall require a PUD Final Plan before development. B. Procedures. The applicant for a PUD Final Plan approval of a specific stage of the PUD Master Plan shall complete and submit to the zoning administrator an application on form provided by the administrator, including all application fees and escrows.:ther applications such as preliminary plat, final plat, and conditional use rrr t:::may also be required. The applicant shall provide the following: 1. A written statement describing the proposed development in the PUD Final Plan appl 2. The proposed starng and completion dates for the construction and any requiredvronrrtal remediation. 3. The applicant shall submit documentation demonstratin g that the PUD Final P1h is :.:inf=onformance with the PUD Master Plan and each of the core onents r ection 1325.135 Subdivisions 5 through 15. C. Land Use application Complete. The PUD Final Plan application shall be considered complete once all required application and documentation required in Subdivisions 5 through 15 are submitted and deemed complete by the City. D. Development Agreement and Bonding. 1. A development agreement and corporate surety are required at the time of PUD Final Plan approval by the City Council to assure that all improvements to be constructed as part of the approved PUD Final Plan and any required environmental remediation are completed in accordance with the terms and conditions of such plan. or each stage thereof as outlined in the construction staging component. The bond shall guarantee in a penal sum equal to one hundred twenty -five (125) percent of the cost of such improvements as estimated by the City. The development agreement and bond shall be filed with the administrator no later than sixty (60) days after PUD Final Plan approval. Section 1320 District Provisions Adopted: November 13, 2006 Page 54 of 65 City of Arden Hills Chapter 13 Zoning Code 2. The development agreement may provide for several bonds covering separate aspects of the PUD the aggregate of which shall total one hundred twenty -five (125) percent of all the improvements to be constructed and completed by the applicant pursuant to the approved PUD Final Plan. In this case, each bond required by the development agreement shall be filed no later than sixty (60) days after PUD Final Plan approval. It may also require guarantee bonds in the penal sum of one hundred (100) percent of the cost of completed improvements, as estimated by the City Engineer to guarantee such improvements for whatever lengths of time are specified therein. The release of any bond or any portion thereof shall either be governed by the terms and provisions of the development agreement or shall be based upon the recommendation of the City Engineer or City Planner and approval by the City Council. 3. If the applicant fails to enter into a development agreement and to file the corporate surety bond with ,die administrator by the expiration of the sixty day period, the PUD Peit, Final Plat (if any) and approved PUD Final Plan shall be deemed yd =nullified and revoked unless an extension is requested in writing by.he applicant and for good cause granted by the City Council. E. Park and Open Space Dedict3:on and Covenants. 1. To ensure that an open space, recreational areas, common areas and the like: tt are::,proposed to be owned and maintained by a homeowners' as lion, business improvement district, or other similar association ''are properly maintained for their approved uses, the City Council ii* that the applicant execute and grant to the City easements mitt covenants over such areas within sixty (60) days after the City Council i ns made such requirements. 2. If the applicant fails to execute the open space easements and covenants and to file the same with the administrator by the expiration of the sixty (60) day period, the PUD Permit, Final Plat, if any and Final Plan shall be deemed to be void, nullified and revoked unless an extension has been required in writing by the applicant and for good cause granted by the City Council. 1320.14 Planned Unit Development (PUD) Overlay District. Subd. 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 in exchan e for a sro'ect that better forwards the oafs and u ose of the City's Comprehensive Plan. The purpose of the PUD process is to achieve a higher Section 1320 District Provisions Adopted: November 13, 2006 Page 55 of 65 City of Arden Hilts Chapter 13 Zoning Code ualit better ro'ect than would otherwise be ossible if the strict a •lication of the zoning and subdivision requirements were met. While PUD's may be allowed in any district but are requi they are required for some t es of develo ment in certain districts. Subd. 2 Applicability. The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic allowable uses and the general standards for development and the approved PUD plan establishes the specific regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. Subd. 3 General Procedure. A. Applicant shall meets with :Pity Staff to clarify and determine PUD requirements and discuss applict'svelopment conceptp B. Applicant shall submit PUD Concept Plan to the City (Optional)_ Plan approval. C. Applicant sh s mit :::PUD Master Plan to City. D. Planning Commission conducts public hearing(s) on the PUD Master Plan and make eeeo me dations aetien to the City Council. I. City Council reviews and takes action on the Final PUD Plan. Section 1320 District Provisions Adopted: November 13, 2006 Page 56 of 65 E. City Ctwcilfijay conducts additional hearingsf op iona1 and takes action on the PUD l'fer Plan. F. If-approve -the—PUD District-and change 4he-- u-nderlying zoning, if required, to the Zoning Map. The PUD Master Plan, as approved, including all applicable documents, is adopted as the ordinance governing development plan forof the PUD property. G. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan will be submitted for each stage of development and /construction. H. Planning Commission reviews Final PUD Plan and recommends action to the City Council. City of Arden Hills Chapter 13 Zoning Code J. Applicant applies for all necessary permits to begin construction. permits. Subd. 4 Planned Unit Development (PUD) Concept Plan Review (Optional). A.Procedure. An applicant considering a PUD may first apply for Concept P a -Revi approval RA. Purpose. A PUD Concept Plan Review is an informal discussion process that allows the applicant to present preliminary ideas about a contemplated development project projectto the city, and --in turn, the Ceity may offer suggestions and concerns regarding the development concept. G:B. Application, Documentation and Administrative Procedure. The applicant I. shall complete and submit to the zoning administrator an applicatio on such forms as are provided by the administrator, together with the re :liked fee and ac. City Procedure. The City will prepare a summary of the proposed p P Concept Plan in terms p o lans and regulations and transmit this information and the information ubmitted by the applicant to the Planning g Commission and City.:: :al to assist their review of the proposal. Applicants are encoura ge g 6 have informal consultations with City Staff prior to the filing of alt.Ofilicatfikt for Concept Plan Review-- provided no statement ::said staff shall bindin u on the Cit or representation be m�.�_.�:.. g p of Arden Hills. Nothing =rein contained shall be deemed to forbid or discourage Section 1320 District Provisions Adopted: November 13, 2006 Page 57 of 65 Subd. 5 Planned Unit Development (PUD) Master Plan. E.D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will be transmitted to the City Council. The City Council will offer comments and suggestions regarding the Concept Plan to the applicant. w* .-dd ems- comments. A public hearing is not required far this stage, and the City will take no formal action at this stage. action. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequent stages. A. Procedure. A-s-tThe first step in the PUD approval-review process is the submittal and approval of a PUD Master Plan. t fi-s -apply City of Arden Hills Chapter 13 Zoning Code for Master PlanUpon approval, the and then proceedapplicant proceeds to obtain the PUD Final Plan for each stage of development or may apply for both the Master Plan and Final Plan concurrently. B. Application and Documentation. The applicant of a PUD shall complete and submit to the City a PUD Master ari---- applie t; riPlan application on such- -forms as are provided by the zoning administrator, together with the required fee and escrow. The applicant shall submit documentation six (6) copies of the documentation as required in Section 1355 and Appendix A, Procedure Manual, and Paragraph G of this Section below. i s C:Administrative Procedure. After submission of the application and ad-minis t s I IMP 1 a M discourage informal consultations between the applicant and the City Planner prior to the w .a val, provided no City of Arden Hills. D:C. Procedure for Coun .action. The procedure for Council action in Chapter 1355.04 Subd .shall at. E.Effect of PUD Master Iii Approval. A PUD Master Plan which has been given a approval of the Master Plan was granted by the Council. This Final Plan Submission- requirement w t-1 shall ----b f-c eamp+s- al 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 app e-atif fir- -final P -st a time eaten ion -withi s 4 -six oval of F- D. Other Requirements Applicable to a PUD Master Plan Approval. In making its decision as to whether to approve the applicant's PUD Master Plan the City Council shall be guided by the provisions of Section 1355.04 Subd 3.B. Council action on the PUD shall follow the provision of Section 1355.05. Section 1320 District Provisions Adopted: November 13, 2006 Page 58 of 65 City of Arden Hills Chapter 13 Zoning Code G:E. Documentation for Larger Complex Areas. Additional documentation required for a Master Plan for larger complex areas (development tracts five (5) or more acres in size or of such complexity that more detailed and complete plans are warranted): 1. Land Use and Design Component. A land use component shall consist of a map or maps setting forth the distribution, location and extent of the area of land devoted to each category of land use existing and proposed as part of the Master Plan, including, but not limited to, the existing and proposed coverage of area by buildings and streets, trees and landscaping, and parking. Said map or maps shall encompass not only that portion of the development tract located within the City but also any portion thereof located in an adjacent municipality. Said component shall also contain a descriptive statement of objective, principles and standards used in its formulations. The land use and design component shall also contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates for future population characteristics and change within the planned communit correlated with the ''either com onents of the Master Plan. The supporting data shall inclitde, but t be limited to dwelling (housing) units per acre for the venous 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 ca acit of related utilities and services traditionally repciereditt public and private organizations for a population of such size 1srojeed for the completed, planned development. 2. Traffic nsportation and Parking Component. A trafficThe transpo atton acid:: parking component shall consist of a map or maps setting forth the general location and extent of all tr-anspo-r4ationtraffic circulation pedestrian_ and bicycle circulation, and parking facilities, existing 4 proposed, as part of the Master Plan of the entire development tract, including any portion thereof located in an adjacent municipality. In addition, it shall include, among other things, documentation, data or expert testimony in sufficient detail to show the impact of traffic expected to be generated by the proposed development over the course of its growth and expansion upon the current and projected traffic in surrounding streets; to demonstrate the adequacy of parking facilities in light of existing and projected population of the development; and to show the adequacy of streets providing access to and from proposed and existing parking facilities. The City may require a traffic study. Said component shall also contain a descriptive statement of objectives, principles and standards for its formulation. 3.Population Component. A population component shall contain a t n-sit -a -1 t mg op ed-ate- uses ne deseriptive-statefnefft-of- Section 1320 District Provisions Adopted: November 13, 2006 Page 59 of 65 City of Arden Hills Chapter 13 Zoning Code correlated with the other components of the Master Plan. The supporting data-shall-4m traffic generation, parking requirements, water consumption, sewage ed- of such size as is projected for the completed, planned development. 3. Utilities and Grading Component. A utilities and grading component shall contain a map(s) setting forth the general location and extent of any and all existin and ro osed s stems for sewa e domestic water su ..l and distribution, refuse disposal, drainage, local utilities and rights -of- way, easements, facilities and appurtenances necessary therefore. In addition it shall include a ,radin .lan showin in sufficient detail the amount and type of fill or excavAtion to be used to accomplish the grading of the development tract, or pc .on thereof, the contours of the areas to be graded, and provisions madtof *corm water drainage so that the City can assess the im act of such adin i1 n the remainder of the develo ment tract and the surround :f i:ighborhoods. 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 proses= ership, method of operation and maintenance of each such service .='facility. component shall not be required. A subdivision shall contat scr t ve statement of the principles overnin the proposed governing p p ubdivision Ordinance of the City of Arden Hills, unless waived by the Planning Commission or Section 1 320 District Provisions Adopted: November 13, 2006 Page 60 of 65 r e f ere T. rent detail the gfadek -provi s a w t-e- a.i nage-- -so- 4hat--h'' ity- -e-.an asses pae o -su evelopment City of Arden Hills Chapter 13 Zoning Code r r a a a a a a .a a rr v' v v' v v ilr v r v contain a descriptive statement setting forth objectives, principles and w Al 1S1 a wA a r.w a a A .wa w a i a a a a a- a a a a a a a s a a a r' 11i v tlr 'Ir v v 1n v r +r r such service and facility. 4. Contractual Component. The City shall prepare the necessary develo agree ment or contracts for the PUD Master Plan. The applicant shall submit agreements or contracts affecting the owner or owners of individual units or of the entire project proposed under the PUD Master Plan, such as homeowners' agreements, business improvement areas, and covenants. Construction Order Staging Component. A construction order staging plan shall include a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to tl construction of the various services and facilities as specified in the master plan. eomponentThe staging plan: ii"ipclude estimated completion dates and shall specify the proposed:= =order of request for utility release or authority to occupy completed structure so as to provide a basis for determining the adequacy of the related =services and facilities for each separate construction ps#ge. 6. Subdivisior1 In the event the development tract is to be subdivided, Se dOelo er shall submit a subdivision plan. A subdivision plan shall .::06ntaida •tive statement of the .rinci ales .overnin proposed su di ision of land, including lot design for various ro osed p p land es:A sulivision request shall include all of the documentation necessary for preliminary plat approval as found in the Subdivision QjanceotheCity of Arden Hills. This com onent shall be in sufficienfikrail so that it can serve as the basis for determinin conformity of any PUD Final Plan to the PUD Master Plan. Section 1320 District Provisions Adopted: November 13, 2006 Page 61 of 65 the 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. proposals for Pr the development, and any other agreements or c owner or owners of individual units or of the entire project proposed under the- Ma-ste P4an- pooedur-e: This component shall contain any and all -eme-nts, covenant• r i s-fey 1 City of Arden Hills Chapter 13 Zoning Code previously approved PUD permit. Subd. 6 Planned Unit Development (PUD) Final Plan. PUD or specific porti documefitaation, 9 fester '4an, H.Final Plat. Unless the requirement for a final plat has specifically been waived by the City Council or was approved as part of the PUD Master Plan M.A r•• f such PUD permit shy, later than six (6 )-months after the date of the Council's app commence such proceeding to obtain final plat approval within said six (6) Section 1 320 District Provisions Adopted: November 13, 2006 Page 62 of 65 tract or a portion thereof by following the f e —tom the Master Plan :'''proved by the Council, he shall A. Purpo== `he purpose of the PUD Final Plan is to implement and ensure conformity withe PUD Master Plan. Each stage of the PUD Master Plan shall rec_. PUS Final Plan before development. 4AfV use---- Review Section of Appendix A Procedure Manual, and Section-43-5-5,04 Subd 5 of this Code. B. Procedures. The applicant for a PUD Final Plan approval of a specific stye of the PUD Master Plan shall complete and submit to the zoning administrator an application on forms provided by the administrator, including all application fees and escrows. Other applications such as preliminary plat, final plat, and conditional use permit may also be required. The applicant shall provide the following: 1. A written statement describing the proposed development in the PUD Final Plan application. City of Arden Hills Chapter 13 Zoning Code 2. The ro osed startin and com .letion dates for the construction. 3. The applicant shall submit documentation demonstrating that the PUD Final Plan is in conformance with the PUD Master Plan. C. Development Agreement and Bonding. 1. A development agreement and corporate surety may be required at the time of PUD Final Plan approval by the City Council to assure that all improvements to be constructed as part of the approved PUD Final Plan are com feted in accordance with the terms and conditions of such .lan or each stage thereof as outlined in the construction staging component. The bond shall guarantee in a penal sum equal to one hundred twenty -five (125) percent of the cost of such improvements as estimated by the City. The develo ment a reement and bond shall be filed with the administrator no later than sixty (60) days afte:PUD Final Plan approval. 2. The development agree ent may provide for several bonds covering se arate as ects of the :IUD the a re ate of which shall total one hundred twenty -five 5) _:percent of all the improvements to be constructed and complete y the applicant pursuant to the approved PUD Final Plan. In this case=:- :::each bond re uired b the develo ment agreement shall be= ec o ::later than sixty (60) days after PUD Final Plan approval. It may asst :require guarantee bonds in the p enal sum of one hundred (100r15:ercefit of the cost of completed improvements, as estimated the engineer to uarantee such im rovements for Aliaty_erjeittilLailtimearespecified therein. The release of any bond or any poiiiiitheref shall either be governed by the terms and provisions of the ..40elopnikilt agreement or shall be based upon the recommendation of the CItangiaer or City Planner and approval b the Cit Council. 3. If the applicant fails to enter into a development agreement and to file the corporate surety bond with the administrator by the expiration of the sixty__day period the PUD Permit Final Plat cif an and approved PUD Final Plan shall be deemed void, nullified and revoked unless an extension is re uested in writin b the as slicant and for ood cause ranted b City Council. B.Development Agreeme Conformance to Final Plan. as part an4 Section 1320— District Provisions Adopted: November 13, 2006 Page 63 of 65 To assure that all improvements to be constructed ereo --y s outlin 4n ---the construction- said Final Plan or any final plat required thereby, whichever is later, may require the sermittee to enter into and file with the administrator a development agreem nt- with- y- d-- -a--eorpora re -ty-- ante e- --�-s� the re---- Perforniance and City_ of Arden Hills- Chapter 13 Zoning Code p er eent... f he-ees A w w thirty (30) days after such requirement has been made by the the event the permittee has f ;lad t Art-r 20 Ant r,a t €;1 Ac. thc. sae i w s i i w_ w w i i"_ s i i A A A in writing by the permittee and for good cause granted by the City Council. The development-agree as 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 penal sum of one hundred (10:x:) percent of the cost of completed breve -me improvern of any bond or any portion thqpeof shalt Wither be governed by the terms and Section 1320 District Provisions Adopted: November 13, 2006 Page 64 of 65 City of Arden Hills Chapter 13 Zoning Code greement or shall be based upon the the City Council. D. 4- -Space Easements and CovenantsPark and Open Space Dedications and Covenants. 1. To en sure o hat any park, open space, recreational areas, common areas and the like that \III are proposed to be owned and maintained by a homeowners' association business improvement district, or other similar association are properly maintained for their approved uses, the City Council may require that the applicant execute and grant to the City easements and covenants over such areas within sixty (60) days after the City Council has made such requirements. 2. to-be-fonne pemittee -e eeute covents, to-purposes other than t City Council may require* the tinie its approval of the Final Plan or its Section 1320 District Provisions Adopted: November 13, 2006 Page 65 of 65 y Council at-the time such requirement is the City Council has' ::e such re uirements.If In the event the applicant y q Pp fails to exece e open space easements and covenants and to file the same with ad 'inistiator by the expiration of the sixty (60) day period id open space easements and covenants day- ed, 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 ii•riting by the permittee and for good cause granted b y the City Council. �Ij�EN HILLS December 8, 2010, Planning Commission Work Session Attachment C Proposed Section 1320.05, Land Use Chart and 1320.06, District Requirements Black-lined Version DRAFT Proposed Section 1320.05 ntenna, Dish or Tower oarding house Business service Clinic, medical office Club or lodge (non profit) lub, sports fitness Commercial recreation indoor grecnatantica Da care rou. famil 14 or less Dog kennel og run BusinesJ Drive -up windows Dry cleaning laundry, pick -up station Dwelling: single family detached Dwelling: two family Dry cleaning laundry, self service laundry welling: density zoning Dwelling: multiple family Dwelling: single family attached Dwelling: live -work unit Financial institution service Home occupation: Class I Home occupation: Class II House of worship Manufactured home park anufacturing processing: Class I Manufacturing processing: Class II Mineral extraction Mining Mortuary, funeral home Multiple occupancy building Nursin• home and assisted livin• Office Personal services Public use Research and development facility esearch animals Residence Hall dormito Residential Daycare facility, state licensed, serving 1 -6 CA P P CA PA P CA PA D D D P P la A D P P A P A P P 1 1 x x xx� xxxx�x.�. x. 1 1 P P P P P P P P P P P P P P CA P A CA P P ssss P P P P P P P P Residential Daycare facility, state licensed, serving 7 -16 Restaurant and restaurant -fast food Retail sales service School, general education School, higher education School, special education Service station Storage, exterior Studio Theater, indoor Utility distribution line Utility substation Utility transmission Vehicle motorized, leasing and rentals "P" Permitted; "D" Planned Unit; Not Permitted; "C" Conditional Use Permit; "A" Accessory; "CA" Conditional Accessory Use Permit, "I" Interim Use Permit Land Use designations that are newly prohibited co O M cn V 0 0 N O I. O a. u. m 2 ulJ J LL N m U U m M i m Z ce M N O co LC) M O a) I O 't3 C V) O E O C 4 E-- (1) a) -v E C 2) .O a AQ to as O M LL (0 C) I M I0 M M M 0 =ar`?`- M M M M M M D) c Q N a) 2 a) a) O co O O O N N O N CT 13 O a) O a) O x •5 O _o c co o I— co c M N o N N O M \o 0 O d• O 0 0 N 0 N O O N O 0 N N 0 N 0 O N 0 N 0 CO T- N O T 1 75 CO r N 0 T M E E •X co 2 DATE: December 8, 2010 TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Report from the City Council November 15, 2010, City Council Work Session and Regular Meeting The Council approved (4 -1) Planning Case 10 -009 granting a Zoning Code Amendment and PUD to allow Arden Hall to continue as a permanent use in the B -2 District. The Planning Commission voted 5 -1 (Holewa Dissenting) to recommend approval for the planning case at their October 6, 2010, meeting. November 29, 2010, City Council Meeting DEN HILLS MEMORANDUM PC Agenda Item 5.A The City Council unanimously approved Planning Case 10 -012 for a perliminary and final plat, rezoning, CUP amendment, and master and final PUD for the Presbyterian Homes redevelopment propsal. The Planning Commission voted 6 -1 (Scott Dissenting) to recommend approval for this planning case at their November 3, 2010, meeting. Planning Commission /City Council Joint Worksession The joint work session has been rescheduled for Tuesday, February 22, 2010, with the City Council to discuss the future of variance applications in the City and to go over several potential amendments to the Zoning Code that would allow greater flexibility for single family home owners when improving their properties. The goal of the Code amendments would be to eliminate the need for a variance altogether for those types of improvements the City considers Yp p y reasonable and appropriate. City of Arden Hills Planning Commission Meeting for December 8, 2010 Metro- inet. us \ardenhills\Planning\Planning Commission \CC Reports \12 -08 -10 PC report CC report.doc Page 1 of 1