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HomeMy WebLinkAbout2017 04-04 PC PACKETCITY OF GEM. LAKE, MN 4200 Otter Lake Road Gem Lake, MN 551 1.0-3227 Telephone 651.-747-2790 E-MaiI Cit emlakeklMor Gem (rake Planning Commission Meeting Agenda April 4, 2017 Call to Order of the Planning Commission of Gem Lake; Tuesday, April 4,. 2017 at 7:_ p:m. at the Gem Lake City Ha11 conference room. Roll Call: Johnson . Pratt Wi.ppich Wrier Approval of Planning Commission .1, April Agenda OLD BUSINESS None PUBLIC HEARING 1.. Conditional Use Permit (CUP) Application. - 1s.81 Co, Rd..E, 5GS Holdings 2. Conditional Use P.errnit.(CUP) : 3614 Big Fox Rd, Garage Addition NEW BUSINESS 1. Review of Draft Consolidated Land Use Ordinance 2. Previe..w of Gem Lake Corn prehensWe Plan update OPEN ITEMS None FUTURE MEETINGS: PIa. nn1ng.Corn m15slon Meeting: May 2,.2017 at 7:00 p,rn. ADJOURN; Planning Commission Meeting. Minutes Tuesday, April 4, 201:7 Heritage hall, 4200 Otter Lake Road Gem Lake, MN 1. Call to Order & Roll Call Chair Ben Johnson called the City of Gem Lake Planning Commission to order.at approximately 7:00 p.m.. Mernbers. Present: Chair Ben Johnson, and .Commissioners Art Pratt and Derek Wippich Staff Present, Tom Riedesel (City Planner) Public Present: Jim Lindner, Paul Emeott, Justin Short, & Gorgi Geoliteshvill. 2. Approval of Minutes/Agenda A, Minutes: There being no items .on the .agenda for the March 2017 Planning Commission Meeting, no meeting was held. B. Agenda: Upon motion. by Commissioner Wippich, seconded.Cornmissioher Pratt, the Agenda for the April 4, 2017 regular meeting of the: Planning Commission was approved. (3-0) 3. Old Business None 4. Public Hearini; The Planning.Commissioners outlined the held public hearings on CUP app.lications.and heard from Planner Tom Riedes el, the applicants and members of the community: The Planning Corn m iss io.ne rs discussed the projects and made the following recommendations: A,. Construction of -a storage building at.1581 Co. Rd: E (SGS.Holdings) — Upon motion by Commissioner Wippich, seconded by Commissioner Pratt, the Planning Commission .recommended (3-0) the City Council grant approval: of the .CU0 on the fallowing conditions: a. No food items, perishables or hazardous materials shall be stored In the structure b. The exterior shall. be finished and should not significantly contrast. —shall not negatively impact the.area aesthetics.-- of the.Ga.teway Zon€ng District. B. A garage addition at 3614 Big Fox Rd — Upon. motion by Commissioner Wippich, seconded Commissioner Pratt, the. Panning Commission recommended the City.Councif grant approval of the CUP provided the City Council determines that the proposed structure meets the minimum setbacks as required by the Zoning Ordinance. (3 0) 5. New Business A. Reviewof Draft Consolidated Land Use Ordinance City Councilmember Jim Lindner, former Mayor Paul Emeott and Chair Ben Johnson reviewed.their work on the consolidation of the City of Gern Lake's various ordinances controlling land use into .one, comprehensive ordinance and definitions apperid.ik, The 'Consolidated Land Use Ordinance seeks to incorporate. and clarify the existing Zoning, Subdivision, Tree Preservation, Signs, Subdivision, Landscaping; and Environmental Review Ordinances. B. Preview of Gem Lake Comprehensive Plan update City Councilmerriberlim Lindner and Chalr.Ben Johnson provided a brief overview of the work being done in preparation for the 2018 Gem Lake Comprehensive Plan update. City of Gem Lake. Telephone: 651-747-2790 42q.0:Otter. :Lake. Road E-mail: Ci emlakeiviN.ar Gem Lake,.MN 5S.110.3227 Website:.gemlakemrt.org 6. Open Items Norte 7. Adiourn Upon motion by Commissioner .Wippich, seconded by Commissioner Pratt; the. April 2017 Planning Commission meeting was adjourned. at approximately 8:15. p:m..(3-0) City of Gem Lake Telephone:. 651 747-2790 4200 Otter Lake Road E-mai1::.City cr �emlakeMN.vrg. Gem Lake, MN 55110-322:7 Website: gerniakemn.org MEMORANDUM. TO: PLANNING. COMMISSION FROM: TOM RIEDESEL DATE: MARCH 28, 2017 SUBJECT- GARAGE ADDITION REQUEST: CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ADDITION TO A GARAGE LOCATION: 3614 BIG FOX ROAD APPLICANT: JUSTIN SHORT ZONING: RX, EXECUTIVE RESIDENTIAL Mr. Short is requesting approval of a Conditional Use Permit which would allow him to construct a 30' x.34' addition onto .his existing garage. The garage is currently 30' x 34' 1,020 square feet. The garage would be doubled in size to 2,040 square feet if the Conditional Use Permit is approved. The existing height of the. garage will not be increased. City ordinances. permitgarages and accessory structures up to 1,000 square feet in area. Larger structures maybe permitted by Conditional Use Permit. Setback requirements. for a structure are; 40' from the front right-of-way, 20' from the side .yard abutting a street (County Road E), 15' from a side lot line and 35'. from the rear lot. line. Mr.. Short is proposing to.. meet a I I setback requirements. The setback from County Road E must be verified. Staff has requested the applicant to provide a site plan or survey which shows the location of the addition in relation to the: property line along County Road E, Mr. Short's current site plan shows a 50' separation between the garage addition and County Road E. That setback is measured from. the pavement, however. The actual lot line is approximately 15' from the edge of the pavement. A lot corner at the southeast corner of the property was observed by staff.. Based .on an aerial photo, the existing garage appears to be approximately 60' from the County Road E. The City permits garageslaccessory structures which exceed 1,000' in area by Conditional Use Permit. Conditional Use Permits are regulated by the Zoning Ordinance. A Conditional Use Permit means the use is permitted but is subject to reasonable conditions which are established by the City Council. Section 17.5 of Ordinance No. 43K sets the requirements which must be reviewed when considering a Conditional Use Permit. In part it states: When reviewing Conditional and Interim Use Permit applications, except for residential building height,. impact on the following criteria shall he reviewed and measured by the Planning Commission and City Council. i . Adjacent uses. 2. Air and water quality. I Traffic generation. 4. Public safety and health. 5. Area aesthetics. B.. Economic impact on the entire area. 7. Consistency with the Comprehensive Municipal Plan.. 8. Anticipated duration of the Conditional or Interim Use. In addition Section 17.5.9 sets general standards which must be considered when reviewing a Conditional Use Permit. It states: 17.5.9 General. Standards. All Conditional and Interim Uses shall comply with the following general standards. B) New Uses. Shall conform as follows: 1) Compliance with all zoning and other regulations as may otherwise be applicable; 2) The.: date or the event that will terminate the use can he identified with certainty, 3) The existence of the Conditional:or Interim Use will not impose additional costs on the public if it becomes necessaryfor the public to take the property in the future; 4) The user agrees to any conditions of approval associated with the approval of the Conditional or Interim Use Permit by the City Council, C) Existing and New Uses. Shall conform as follows: 1) Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development; 2). Shall meet or exceed all Performance Standards contained elsewhere in this Ordinance; 3) Shall not generate such additional traffic associated with the use that r would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. if the City Council determines that the proposed structure meets the criteria for approval as defined by the. Zoning Ordinance, the .g.arage as proposed, can be approved. Approval should be subject to confirming all setback requirements will be met. TRYpsw cc: admin.file i7:shcrt . . .. ... .. . .. . Cost - S. ... .. ....... V. �Fl- K OZ�7t A ON......... .. REMOVE" 4- 2K ..... ..... - NO 9.0 ... . ............. N °7 Im L N d N. tij y .2 ,lz O C Q O z o.¢ � o12 ''M 8 uta U Vn = w Q. a L d 0 r c. CITY OF GEM LADE, MN 4200 Otter Lake Road .jilt Gem Lake, MN 55110-3227 Telephone 651-747-279..0 Cify ,gemlakeMN.or CONDITIONAL USE PERMIT APPLICATION FORM INTRODUCTION A . Conditional Use Permit may he granted or denied by the City Council after recommendation by the Planning Commission in accordance with Ordinance. No. 43K (Zoning), Section '17'.5, Conditional and Interim Use Permits. S� APPLICANT(S) -z�(m SJE`vi , ��r✓ PHONE (Home) (Business) 3 j-Li `T j g (Cell) &.Sr� ' ADDRESS Imo,._ ?— PROPERTY OWNER _:tf r�j SA r ADDRESS OF J ZONING SITE 4 S rL4t.tr2 �'j EXISTING USE OF SITE --z; DESC IPTI N OF CONDITIONAL USE BEING REQUESTED jan a 1s fnu; d;V Fee: Conditional or Interim Use Permit (Other than a PUD) + . IEY`esorow for review CHECKLIST: -zco Site Plan Building locations (dwelling, garage, accessory building). Site improvements (parking areas, drives, sidewalks, fences, decks, lighting, etc.). Yard (front, side, rear setbacks). Wetlands (delineation of streams, water bodies, wetlands &. 100. year storm elevation). Existing trees (B inch in diameter or more), large shrubs proposed landscaping.-- E` r` Location of site, with.adjacent.land use. Topography,. grading. Schedule. (when apppiicant intends to construct) Additional information, if: required, Permits or writteh comments from other agencies (DN.R, RCWD, VLAWM0, Ramsey County, MNDot, US Army Corps of Engineers. Certificate of Survey, or full legal description Building plans (sire, intended use of structures, exterior finishes, floor plans and elevations).:— REVIEW PROCESS: .t , Submit. 15 copies of application and all supporting information to City Zoning. Administrator (minimum of 4 weeks prior to Planning Commission Meeting). 2. Planning. Commission. {7st Tuesday of the month @7:00 .p.m. at Heritage Hall: Zoning Administrator schedules public. hearing date and provides information to the WS Press. for time and. place of hearing.) 3. City Council (3rd Tuesday of the month @ 7:00 p:m, at %Heritage. HaIl). STANDARDS: The City Council will approve a Conditional Use Permit only if the following facts are established: 1. There will be no detraction from the appearance of adjacent properties, or Town. as a whole. 2. There will: not be aesthetic incompatibility:'' 3. There will not be aural incompatibility (noise)" 4. There will .not be damage to vegetation: 5. Traffic patterns will not be negatively affected Y" 5. There is no unnecessary Loss of existing natural features `' ?. Will not cause soil erosion.` 8. Will: not increase flood potential.-- 9. The proposal is consistent with Comprehensive Plan and complies with other Ordinances.` 2 It is the policy of The City of Gem Lake that all identifiable costs associated with Conditional Use Permits within the City shall be the sole responsibility of the. owner of said property. The costs shall include, but are not limited to the following: City planning review costs (reports, meetings; site. review); engineering review costs; legal costs (preparation of 'hearing notices, legal research, certification costs u.blication costs (notice of hearing); reapportionment of assessments (engineers report). mailings and Ownership Reports (ownershiplencumbran.ce). Prior to the final approval by the City Council, all City expenses to date shall he paid by the owner. Subsequent expenses not paid at the time of final approval (due to billings by consultants, `etc.) shall be due upon receipt of a billing from the City. ;gnature of t(s) To Be Completed By office: Date ©ate Reque f Received sy Yt .(Staff Member) Conditional or interim lJse Permit {o#her than a P[JD)L$6bO Fee. + $4-%8 escrow for review peposit Received .B� Yes ❑ Na Pate. Application Complete �p MEMORANDUM TO! PLANNING COMMISSION FROM: TOM RIEDESEL DATE: FEBRUARY 27, 2017 SUBJECT: BUILDING EXPANSION AT.SGS HOLDINGS PROPERTY REQUEST. CONDITIONAL USE PERMIT LOCATION:. 1.581 COUNTY ROAD E APPLICANTS: 5G'S HOLDINGS, GEORGI GOCHITASHVILI ZONING: GATEWAY ZONE — NEIGHBORHOOD CENTER (NC) S G S Holdings is requesting approval of a Co..nditionaI Use Permit which if approved would allow the construction of a 15' x 20' addition onto the rear of the. Black Sea/auto repair building at 1 581 County Road E. The addition is planned to be used as storage. space. The Conditional Use Permit for the auto sales building, formally a .car wash and repair shop in the. former HCO building, was reviewed by the City and approved in 2010. The Conditional .Use Permit was approved subject to the following requirements; 1: There will be no detraction from the appearance of the 'adjacent properties or the city as:a whale. ` 2. There will not be an aesthetic incompatibility. 3. There will not be noise incompatibility. 4. There will not be damage to vegetation, 5. Traffic patterns will not be made into the effect. (Not negatively impacted.) 6. It will not cause soil erosion. 7: It will not increase flood potential. 8. The proposal is consistent with the comprehensive: plan and compfies with other ordinances. These 8 items are. listed in the Zoning Ordinance as criteria for approval for any Conditional Use Permit. In addition, the following. requirements are specific to the SGS Holdings property: 1. 12 months with a follow-up by the City Council at the end of twelve months. 2. Conditions are for a non -transferable permit: 3. No cars will be located on County Road E for sale.. 4. No cars will be located on Scheuneman. Road for sale. The addition proposed to the north side. of the 1581 County Road E building requires . approval of a Conditional Use Permit since modifications to the originally approved plan. are proposed. When reviewing the. current proposal, the Planning Commission and Council must consider the request as it relates to the Conditional Use Permit standards defined by the Zoning Ordinance. If these standards. are met and the proposal will[ not have a negative impact on the following items, the. Conditional Use Permit can be approved, 1. Adjacent uses; and 2. Air and water quality; and 3. Traffic generations; and 4. Public safety and health; and 5. Area aesthetics; and .6. Economic impact on the entire area; and 7. Consistency with the Comprehensive Municipal Plan, and 8. Anticipated duration of the conditional or interim use. The proposed addition was started by the property owner but was stopped by Code Enforcement as the required Conditional Use Permit had not been processed. The addition has been framed but work on the addition has. stopped.. The addition is located between a newly constructed refuse/recycling storage area and a A'lean. to" addition. This. addition appears to have been in. place for many years. The proposed addition will have dimensions of 1 5' x 20' and will. but up to the existing. building. The addition will have a slanted roof with the high. point adjacent to the Wilding. The low point and opening of the addition is on the north :side of the structure. The addition will have corrugated siding to match the existing building. The addition is proposed to be used. for storage. The. addition is on a part of the site which is currently Class V gravel. Class V will be. the base, initialiy but concrete is planned in the. future. In orderto process the requested Conditional Use. Permit, the Planning Commission and City Council must consider the impact of the proposed addition, as it relates to the standards for approval, defined by the.City's Zoning Ordinance., If the standards are being meta the Conditional Use Permit may be. approved as requested. Since this is a. request for a Conditional Use: Permit, the City may attach reasonable conditions to the permit. It. must be noted that SGS Holdings was issued a Conditional Use Permit for the auto .sales building in 2 010 . Since that time, the Zoning Ordinance was amended eliminating auto sales as a use which is permitted in the Gateway Zoning District, If the requested addition were specifically for a use in the building which is no longer permitted, an Interim Use Permit should be. processed. Since the addition is for use by the building's owner with some storage space utilized by the.Black Sea, Conditional Use Permit review rather than an Interim Use Permit review is recommended. TRtpsw cc:adminladd.file b:SGS 2 --• �-• ---- ' w. -+u UJL f po C7uuu vt-t FA ' (AU I'u From:.WHITE BEAR TOWNSHIP fiS1426 02.68 12/21/2016 10-:3.7 0578 A.0011Op3 �� .. CITY OF GEM LAKE,1V1f N 4200 Otter Lake Road VED Gem Lake, MN 5511.0-322 7 JAN 2017 Telephone 651.-747-2790 �i��znlakeMN.nr�. , TOWN OF WHITI lTfONAL USE. PERNi T APPLICATION FORM INTRODUCTION A Conditional Use Permit may be granted or denied by the. City Council after recommendation by the Planning Commission in accordance with Ordinance No, 431C (Zoning).., Section 97.5, conditional and Interim Use Permits. APPLICANT(9) .$ PHONE (Home)j 0�_��. (Business ADDRESS (Ceff} PROPERTY OWNER S f Y10 j. ADDRESS OF --�— — SITE ZONING Js�- EXISTING USE OF SITE S S� DESCRIPTION OF CONDITIONAL USE BEING REQUESTED Fee: Conditional dr interim Use Pffmil (Other than a PUD) 9B + i escrow for review CHECKLIST: Site Plan Building locations (dwelling; garage, accessary building). - Site improvements (parking areas., drives, sidewalks, fences decks, fighting, etc.), Yard (front, side, rear setbacks). Wetlands (delineation of streams, water bodies, wetlands & a0 year storm elevation), Existing trees (a inch in diameter or more), large shrubs & proposed landscaping. - _ Location of site, with.a'djacent land use, ----� Top,ography, grading, - V. . W0 r u.ruuc.ra VLKA �i4U:l Li.. From;WHITE BEAR TOWI SH.1p 66'l.426: 2299. i�/2Y/2fl7B 19:3$ ffBis P•062/ooa t• Schedule (wizen applicant intends to construct) Additional information, if required. Permits or written comments from other agencies (DNR, RCWD, VLAWMC, Ramsey County, MNDat, US Army Corps of Engineers. Certlficate of S INey, or full legal description M Building plans (size,. intended use. of structures, exterior finishes, floor plans and elevations). REVIEW PROCESS: 1. Submit. 15 copies of application and all supporting information to City Zoning Administraior (minimur3m of 4 weeks prior to Planning Commission Meeting}, 2. Planning Commission (1 st 7uesdaj .of the .month @7:00 p.ra. at Heritage Hall. zoning Administrator .schedules public hearing ate and prcVid.'es infaffnation. to the Vila d press for time and place of hearing.) 3. City Council Prd Tuesday of the month @ 7;[]C] p,m. at Heritage Hall). STANDARDS: The City Council will approve a Conditional Use Permit only if the following facts are established. �. There will be no detraction from the appearance yy /� of adjaTown as a whole. cent Properties, , or L�^2. There will not be. aesthetic incompatibility. Y 3. There will not be aural incompatibility (noise). 4; There will not he damage to vegetation. V 5: Traffic Patterns will riot be negatively affected. V 6. There: is no unnecessary ioss.of existing natural features. 11 7 Will riot cause soil erasion. $ Will not: increase flood potential. g The: Proposal is consistent with Cornprehensiv other Ordinances. e Plan and complies with 2 Frorn;WHfFf aEAR TOWNSHIP vtfW4 AuIU 661 425 2258 12/21/20.16 10:3.8 #i51$ A,403l003 ' J It is the policy of The City of Gem Lake that all identifiable costs th Conditional Use. per as coifs within the City shall be the sole responsibility of-. the l�owner iof said property. The costs shall include, but are, nat limited to the fQlfowiri planning `review costs (reports; meetings, site review); enginsering review cast le City casts (preparation of hearing notices, legal research, certification costs ob : gal costs notice of hearing}; reapportionment of assessments (er?gineers re costs); Ilrratian and pwnership Reports (oWnershiplene�tmbrance}. report); Mailings, Prior to the final alaproval by the City Council, all City expenses #o date shall the owner, Subsequent expenses not paid at the time of final approval l:a�ue to billings be paid by. by consultants, etc.) shallbe due upon receipt of a billing from l a City.gs Ignature of Appllean sl To Be Completed By Orfc'e: Date equest Recivf~d By (Staff Member . Date Conditional of Interim .Use Pl:rrriit {other than •a PU p} �nTee $*et0­escr0w far review 1�tco Deposit Received Yes 0 No Date Application Complete MF C C7 f .. ;; ige '; ;'psi'�C• N '.� .Sn LI. is Q a1 L� D cn z iL a° � d o.97 as y �S ; E ao A A m Z EEo.6 m u. E m.P �EGua c r = I m c y m S G . O 5 to cL caco Z. o' a N w to m �a m.o. N •❑ ,VER: RARIVETT PROPERTIES d.DlJS. FENCE Cfl NEi� 7S ENCE CORNER IS 1.1 F7 N . iN OF 589 a,� 26 � LI 1.4 F f NflRT! ! OF PRQPE PROPER Y LINE -' .... TY LINE 7 FI. LINK CHAfN' FENCir IF •.�" .ski .� Q' 1 - ..� NAIL .W1T1-I;---�, BITUMINous ¢. j GRASS '.CONC- 1 w WALL I w IPE z W. 1.9 `rr -d ' �:.L':"N'�^:_ --.r•�,"�"•f..f�. 'ter Px Ld xwv :V. z. X_ . 7— L OOD 6ern l:akr ['�ip.['�xiiiicil A7cetilif; PaW 2 of, 6 SwomJey also suggested a story reviewing the .proposed Vadnais Heights Campreherisive Flan. OLD BUSINESS Tower Ord.€hanbe: There has been a Public Hearing on this ordir3arre anei the Planniiitt .Cotrsrrlission forwarded this fd the City Council Councilmember Artig- 5womlay stated. that riot al€ tgwers are high voltage and feels that a high voltage sign is not required an cash lower,. Wants. the wordage on the. ordinance.to state io say that "high voltage" sign is required only for high -voltage towers.. In addition, the question was brought up as to why it newels to beconhected to the electric. company. Co.uncilmember Bosak recommended striking this section .of the ordinance. Councilmember Rasmussen asked about the smaller low voltage that you could .buy at Menards's- Some residenf s Ma.y want to power Their homes and not. Connect with :the :powl;r Company. Cily Attorney Trevor Oliver was present at the Meeting and +,vent through the wordage of ffle ordinance .witlt ttie City Council. Mayor Uzpen recommended to the: City Council to let Attorney Oliver Work on the. ordinance further. conditional use Permit: for S.G.S. Holdings: the PlannIng Commission had a Public Hearing regarding this perrriit, and recommended to move forward with this, axle forwarded to the City Council: Mayor Uzpen asked if the City Council had arty questions or concerns regarii.ing this prmit. The owners i'siori Gochilashvili and his wife :Sail . Ackerman p Y Presented the requirad paperwork The question was raised regarding the buried. tanks. It had been re(;bmmended to remove the oil from the soil. (NCF'A) carve out to view the. property and closed the tile. as there .is sume, coMarnination; but .not enough for any b ncernx at -thislime. They would need to go down 50 feet to check soil orl existing tanks. The holding tanks were put in 1!�98 and areunderground tanks. Trey are per c.>asle and the well is In place and tested okay. The bank has not sent. the report to the City Council Stating this information. The. City C.ounctl is requesting the NpCA reporl.so the council ..can review it, At this point, the owners want::to.renova to: the car wash building for the car showrpom with ar3 office arid.space. to repair cors..in the back of thra building. They ere also r)i.anling spac;; ,i pianls tr,at l,uor,:lp.� . if lpr, environment, If they decide. to add ar tile underground tanks and test the . gas stetityn at a Tatr oala?, they will e soil around. and Beneath the. tanks at that. time. The State of Minnesota requires that gas Stations have len years in remove the underground tanks.. Novua Engineering was at the property and determined if a food store were built at a later date, (hen thee. would be a lot of testing before a food license .would be issued. .At this .palnt, a Conditional Use Perrnit.is for. the .sa.le of cars.. The standards are: 1. the Conditional Use Permit will autbmalically renew unless.. the City Council deterTnlnes that S.G.S. is in violation of the conditions of this permit, i i=oA for us y11 ll;c World Widc 1�o µt t rulaktnu.,,t,r� 6e61 LAC C-Iiy Pa.9c. 3. ol'G 2 fvlovi? Itte well 100 feat frnm.lhe underground tamps if thin tanks stay r)a the ground. I There will .be hO detraction from the appearance of th:e adldcent Properties or thetown as a .whoio. 4. There will not be.,gh ascetiC incompatibifity.. 5. There will not .be noise incompatibility, 5. There wilt not: be carnage fo vege.tation, 7. Traffic patterns will not be made into. tiie effect. �. it wiltndt Cause soil erosion. g. It will not increase flood potential.. 10 The PrOposa! is CorislSlOnt-wllh the. c0mprehenSwe plan :c3^[� rxarizp i $ with other ordinances 1 t. No cars will be localed on Counly Road E for sale. 12 No.cars. wily tse. Iocal.ed on Scheunernan Road for sale., The appficatiori is to sell Gars frorrl a rGhlUdeled car wash, so there will not t;e retail bars for salt on County Ri7ad E in the parking lot or on 5cheuneman Road in the parking lot. The retail (mrs. will only ne in the :car washlshowroorh. 'There will be about five to 10.parkinq spacing.in .the lot.for customers..: Upon. motion:by CqunCilmernber Rasmussen and seconded by CvvnCflmember Bosak. the motion has b6en.made and seconded tti approve the Conditional Use pe�rnit for S;G:S Holdings with the added conditions as discussed. Ayes - 5, Nays 4. Resolution 2010 _ 13 Dellriquent.Sewer .8Ms: Resolution was discussed anti any deiinquent as of the properly ID will be assessed to their property €axes. There was a: t.ypo:.in the rasglu[ion,. Upon motion by Councilrnember Rasmussen and .seccnd.ed by Councilmernber Lindner, Resolution 2010 13 was approvedi -- with corrections. Ayes 5, Nays - 0. Resolution 2.010.14 Delinquent Ftre Bills, Comm.erciaf.propenies on >~ioffrnen Road and Sche€�neman Road who are delinquent with fire inspections will. be assessed to !hair property tax bills. Upon motion by Councilmembor Artig- Swornley Na seconded Nays Ayes •- 5, o. by Councilmember Bosak, Resolution 2010.14 passes - Resolution .20.10.15 Delinquent Septic Bills, There.:,s a typo on the resolution Upon motion by Councilmember Arlig-5worriley and s&Conded by Coti€icilrn6mbar Bosak, Resolution 2010.15 passes. with corrections..�yes 5 Nays - 0. Claims for September: `treasurer Jessie:Hart is at a MlIferonce this Week, so .the Claims Were not Printed out for the council to view. Tt)ere is an ordinance in P;8c;e:.So that repeating bills r:an be paid The council approved tile paying of these mills under this ordinance. �. L"r, i1,1 us I�I11)1V V1 Irh1 Wide We 1). j1:gcml�ikeR7n urg CQ ?]] IC] w USE.PER:1i1T' ljx Geiri Lake. 'vF-\� 5 S I 1 Q Re�i;it�rri.�n;s i , l y ion is +� i.tt�.n falliz��.;ip by :the City CcurciI at the end Of t,uel. e monks 2. Conditionp are tar a non-u nsf6rabie:perm:t. -No .nom.piaints .ror •eve .rnmlhs, c. No Mrs foi sale a11 Cbolit} AQad E oT ScliMlie-Mu. Road. 4 Canto 15t.5dld frCra former car �k'asb and Along Fntcrprin parking lot, G; Dne car pa.:ked.per. parking spiacC 7. To'.d.v Irucksdroppir8 off Vch1c[es must &Qp them 0"T 0 Ti. the A of the hui IdinS parking.l t and slot in the struct; 6: All State 0-,jd Fede.ral and'"al If, Ass "d Ord -.anew shall bt: Gomplied.with. ti •d SFaC2-� b(. I.S9.7 3?1U l W.30 A.t i D N�S.O._.. E D.ipe❑ nau 4::.. M1NNESOTA DEPARTMENT OF PUBLIC SAFETY DRIVER AND VEHICLE SERVICES � OFFICE-USI: ONLY_T 5 445 Minnesota SIT00. St Haul, M.N 55101.5186 1 U1 ALER 9V[ti�8&R; 551-295.2977 DATFkc-cr-EVED• CAX 651•297.1,48Q Ih[ITikiS: - EMAIL Rzalert]llesfsart�mndrlvelnfo.vey ifinflPsota Vehicle Dealer License zoning Verification i 110 zorl!fig t.)fl€ci,l! 11r IN: jurki icIi[irr it, 'A bMi. the I: eilmhiil residt!s: fI1,Izi c0111p1ctc. tfliti fiirlll 410119 Distrivt.: I'1t'is Fsrrm.is fir (c•hock ono. HJ Primafy ) nation D Addiikmal 1.ocatinli (Atma ha wparato ('aflullerciu) C'hvekIisl VS241 U R)r eauh lovation) In AI F111,%)jp Vera Auto Sales, LLC 1577 East Chunfy Rwd.l Fill,White Be& LaKe titwt: hs /qr y55110 i'or:,ly Ramsey. afDeaicr1s i iccrt5r �ehei k tlrscj t-11.}:titi[1fa C�►}li)I.:F'ti�1•�'k [-11 IikT1f;F'l; .[j•Al'{"11i1�F:i k i.ti,t1.1 -ta 3 ! ool- L l.1AtT!'F.11 { yt l l:fii'li F VleRSt Cheek approprisle statrnlrtit: I1 p4rrilfIlC0 [lit' %vithif' lllc IJhcIvu vmiifg dislflGt:lilr Ilse lvpe 0f h14giilur s indii::ried r11)4)ve•and lilrry are riu auning c:tirllpI,Iints or mlb) ceplvill.a(:tinrls ptruiirlg.11 this limt . 111is dealership is pertnliutd.emidkinrral. resit Ns ithiII lilt aht)ve �crrlEli�; t)ii[.ricl )ar tilt t}'j71 at husir3i ,5 irltiiGrite.[i t[Ysclur.Irld tilcrc.lrC flat Y.nrlitt etsmpJaiijls (If t hI6rvenwriI..act ions pendiiib iif tfjiti llll]L, (AllUst atraelr u Copy (04ce C011.ditrnrrrrl use pet -it.) I'rirllsti ti'ismu of/oning :IulfTnrit}. !oiling Aulhorily Pholic �.,qufrlhef tiub,rr:bed;lll[t S�iLIfrE t[1 i�ctprc: rssr llsii. .�iTAR) #?U iB1.lt~ [.' flature of, ZA?11i11 ,Awhoray) ANET& GAN bcsy • . �f � � �Y, m996 i CITY OF Gehl LAKE, MN F 1 42.0ti {Otter .Lakc Rtr ids 1 1 { i �(i-3217 . '1'deptiOne .65:1-747-Z790 F.-ttiuil Citiitriamlai:c 'i°_� Minutes of Gam Lake :City Council M.eetinq . if September 2.0.1.0 The. regular meeting of tr1E Ciiy Council of the City of G[ rn Lake was.Calfe(j IL)order by Mayor e 1 pen on Tuesoay, Septenlber..23., 20:10 at 7'00 fm� in tha Gr rr7 Lake .City Halt rnoetlpg roorrl. The f[ilco, ,jng members Were present: Mayor Robert. Uzpen, Counciirnen�bers James Lindner, Gretchen Artig.%-Vornley, Richard Bosak and 1-homas Rasmussen. Other members of the public attended. pet the tign in sheet sent around.the.roo.m, APPROVAL OF`AGEN.C1A Aht!] hril=�ill�?G Mlr'�iUTt=S. City Cottnoil (Agenda: Mayor Uzpen tailed for additions, deiutions and corrections to th.e ageracia,. UAoi, notion by Councilmember Ar4iy-SwOmiey, and s.ecanded !?y Co«n.cilme 21,00: Ayes -- 5rnber Bosak, the ageiide was approved for September Nays - 0, , City COUncil. August Moo..ting Minutes: The August, 2010 minutes were pr�,serited and :coerectiaris were needed, Upon motion by Councilmenibtrr Artig- Sworiiley, and s:v.conded by COuncilmernber Bosak, ttsa minute5..of August 2010. were acreplod with Carrect'ons betncg made, Ayes - 5. Nays.- 0. Piann`ing ComrnissiOn August Meeting. Minutes; The Plianning C OITMss,on minutes {mere trrb1.f. d to be, reviarved at the Oclober City Covncil meeting. [.r;uis;after: Councitmembe.r Anig-Swomley suggested having tNa lead. story an the railroad Crbssmg that was repaired. In additi4r} an article orE ilrrr liur7ting. ordinance and why it adopted mind s.l(ess. Vial riot eVerybOdy agTePdt with the ordinance', but tree :city C:.D.u110 listened to the. residents and made their decision: based an the safety for.The cjti ens of Gem Lake. Mayor L)zpen sent a letter to lend owners of five .acres or more. suggesting they post no hunting" signs pre: their land. Within the Huntir:g ordinailce, there is a provision to obtain an archery Permit, which can be obtained at the White.Bear Township office. The permit is Written with the directions On what you can and cannot do regarding arch6ry. in Gem Lake and the person, requesting {tie pemllt has to sign it stating that they have react the information and will follow the rules. Col_ncilmernbsr Artig- ( icm Loki 0t}' C:pjit1c..il Mcztil�s; Manthly F€nancfa.t Reports: The City Council received and reviewed the handout. Gem Lake needs to lmave zj foe scl iuriuie In place for (tic archery permit xangwafllLaricin Discussion; Mr. Tangwelt has not applied at VV{mite Bear Township for his permit. He is trying to get a professlnha] landscaper to create a flew plan before he applies for the. permit. Mayer Ltzpen has not spoken wit€m Rob Olson; to Attorney Oliver will call Mr. Otson. It has been over a year since the .City Council has addressed This issue with. Mr, Tangwalr. The next. s.tap would be the city states what is suppose to be.done or the city will proceed with a monetary fire and have a judge. ruview it. It can be a misdemeanor cilation The city cannot assess. their property; brit can move forward to. the next seep, A letter heeds to be sent out requesting arl tt{}date Livery thirty days.. -Attorney Oliver Will keep the council Updated, Four Seasons Conditional Use Permit: Thera have beets violations of the conditional Us.e permit on a weekly basis. The. City GoUnc:i) will have a Public Hearing In October and will send but a fetter stating that the Conditional Use perm€( will be revoked. OPEWITEMS Mayor Uzpen stated that the plowing contract needs to be renewed. The. plowing con€racl is from October to September. He is receiving bids and will present the bids to the council at the Workshop. C.oUncilMember Artig-5womley is exploring the idea of putting solar panels on her propertyand is now looking into what permits might be needed, resident Paul Eme.olt-had some questions.. regarding the tower ordinance. The city Council answered his questions regarding the height of the tower and ulearance. for the tower. FUTURE COUNCIL ME-ETINGS Workshop Meeting: October 4, 2010 at 7:00 p.m,. City Council Meeting; October 19, 201Oat 7:00 p.m. t.uok ru+ to III ro: W'Ifid 1' tdt )Vch at.ge nflakellift.mg. C;eri1 L.Akv Ci.fj C.oLjI7L..'!i r1tming V2a 04ter6 ADJOURN The SePfember 21, 2010 regular Meeting of LhEl CitY CCiunvrl Was adjourned at f3:5q p.r'. Upon motion by Co �incEimemr f.indner, and seconded. by GQuncifinermber Artig-Sty Ornfr y tine Clly Couno! meeting wAs acips-jrl ked. Ayes APPROVES]: ATTEST, ATTEST Julie Newkirk Robert Uzpen. ReCOrdmg Secretary Mayer t.c uk Imr u> .vr Ih, 1l ,,i,1 w Ic1 We a C-rmIn' :r,ln ,q, (,ri'IIi I illCt' � l! t' t �[7tlfii'll l�'�CS'illl�; LIP SHEE-111, Sal I). t\C.keriilun (41Torgi G&hilnslivi11 Pnill I�1ricof.I 1 0A fist I Ihv,'No f10l Wide. Weh.oi cc rid -iko1,1r,-ore �.CONSt7I IDATED LANI] USE ORDINANCE CITY OF GEM LAKE. Ordinauce. No. 43K Current through 17 fulyI012 (Ordinance #126) Updated March 1.4; 2017 GeM Lake Consolidated Land Use..Ordinance — Page I TABLE OF CONTENTS SECTION 1- TITLE SECTION 2-.INTENT AND PURPOSE SECTION .3 - RULES AND :DEFINITIONS. 3.1 Rules xx SECTION 4 -.ZONING DISTRICTS.AND. MAP l Districts. xx 4.2 Map XX 4.3 Boundaries SECTION 5 — I LE F LY T "I�4.IttOI RE8!DEN.TiAL DISTRICT Seelao� Inf 5.1 Permitted Uses 3a. 5.2 Permitted Accessory Uses; 5.3 Conditional. &.Interim Uses xx 5.4 Height Regulations X 5.5 Area, Frontage and Yard. Regnireinerts. xx. SECTION 6— SINGLE F I Y. MIVE "R V RESIDENTIAL IISTRICT Sectiwz Intro Irt,�g G.1 Permitted Uses 6.2 Permitted: Accesso bses :<';:';:;':......::::::... xx 6.3 Conditional<`&'Tiiterim IJscs."::';' Heigh:tRegulations : ' .... xx 6.5 - uirettient5 Aiea; roneage and Yard;;Re q SECTION 7�-SINGLEFAMx iAcr ' : U.R0 RESIIJxx EN7` DISTRICT Sec 'on Irrt I� n 7.1 Permitted Uses'_`':: <;. xx 7.2 Permitted Accessor TJse' s xx 73 Conditional .&.Intc"es xx 7.4 Height:Regulations 7.5: Area, Frontage and Yard Requirements X SECTION 8 — SINGLE PAMILY'=I.3.RS" RESIDENTIAL DISTRICT . Seclio rtritQ 8:1. Permitted Uses x 8.2 Permitted Accessory Uses xx 8.3 Conditional & Interim Uses, 8.4 Height Regulations VX 8.5 Area, Frontage and Yard Requirements 1110C xx xx xx xx. Updated March 14, 2.417 Gem Lake Consolidated Land Use Ordinance — Page 2 W4 SECTION 9 "G" GATEWAY DISTRICT ddd-U'ti'it 11 . 9.1 Intent acid Purpose 9.2 Generally Applicable Regulation3. n i Placement of 5ubzpnes xx xx xx xx Civic 5paces:E &>;:xx Figure 5 •- 9.6 Building Type Standards Figure. G.— Single Family House Figure 7 — Twin Home. �Ro.�vhouse::.: Figure 8..;TozxriFiousexx Figur 9 -Apartment/GoncioraiMUM Figuire 1 fl''= Bungalow Court xx re 1:1.—LiveLWorkUnit; Figuxx ":::; xx Frgure Retail/fficeTiuilding xx Figure 14 — single Lase Buildingxx '> ::;Figure 1 A a — U600, 11ing ..... ... xx Figure 14b -- Co11ar;Build1ng xx Figure 1.5 --.Auto-Oriented Layout xx Figure 16:- Residential Accessory Uses Figure 17' :.Other Accessory Uses xx XK .9.7 Large Development Proposal Procedures 9:8 le 5 u divisions xx P n _ e o m: Parking.Reguladons. xx 9.10 Design $tandaxds SECTION 10 -..Reserved cr tin 1 Ov�tl Di i t 5 ( s. p uses SEC'TIDN 11.-.Resezveii Gem Lake Consolidated. Land Use Ordinance --Page 3 Updated March 14, 20.11 SECTION 1.2 - Reserved SECTION 13 - PLANNED UNIT DEVELOPMENT XXxx 13.1 Purpose xx 112 Perrnitted.Uses 13.3 ;.-._�_ r __ : �N -' oo ri. it t a R 1 n d 13.4 Su mission of M e e or r 1. E fa em f D d t he 1. X 3.5 nc f C ni on O en e XX 13.6 13.7 5 an r n .. xx . o. R vie a d A endmi xx SECTION 14 - GARDEN DVERLAY DISTRCT 14A Findingsand. Purpose 14.2 Requesting.Garden Overlay 14.3 Termination of Garden Overlay 14.4 Intexm Use v 14:5 Permttted Accessary ses 14.6 Prohibited Practices 14.7 General Regulation. SECTION 15 INSTITUTIONAL OVERLY DISTRICT.;:;';. NA 15.1 Purpose 15.2 1'crrnitted: Uses 15.3 Perriittted Aceeaso Uses xy 1.5.4 Conditional:& Int'esiti� Uses 15.5 L& A rin and Setback`>Requireraeats . 15.6 Lot.Cavexage and Height Requttements. 15.7 Landscapirig.and Screeivrig 15.8 Procedures £dr. Requesting an Q..verlay SECTION 16 - GENERAL FROVISIQNS 16.1 Application of tli . O> du ancc 16.2: gqe±�- Sevex2b 16.3 Non -Conforming Uses .and. Structures 16.4 Lot Provisions. 163 Accessory Buildings 16.6. Requited Yards, Open Space and Height 16:7 Traffic Visibility 16.9 Farming Operations 1 G.9 Essential. Services 16.10 (Deleted} 16..1.1 (Deleted} Updated March 14, 2017 XX M M XX. Gem Lake Consolidated Land Use ordinance .Page 4 Updated March 14, 2017 16.12 Relocat an.ofDwelling Units 16.13 Fences 16.14 Outdoor S)vin1rning.P001s and Spas xx 16.15 Lan I Reclamation 1G SECTION 1.7 - ADMINISTRATION AND ENFORCEMENT 17.1 Enforcing Officer 17.2 Building Permits 17.3 Duties. of the Zoning Admin.istratar 17,4 variances 17.5 Condidonal & InteI'm Use Pezxnits. 17.6 Amendments 17.7 Appeals 17.8 Fees 17:9 violations & Penalties SECTION 1$ PERFORMANCE STANDARDS 1811 General 1 fi_9_ Reauirements for Consideration..., ;';...... 18.3 M4 1&5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 1813 18.14 18:15 18.17 ia.1s 18.19 18.20: Architecture Explosives.,: Radiation and Flectriml E, missiom Aircraft Other Nuisance Cla:=acteristics Consistency with PIan s'and Policies Density Zoning or Density Transfer Park Land Dedication o i SECTION 19 SIGNS 19.1 'u 19 di 19.3 P rmit e u' e .4 1n5l2ectimu and EnbrCement 19.5 al a Geis Lake Consolidated Land.Use Ordinance --Page. 5 Nry 19.6 Deftnikns 9. e SECTION 20 - OFF STREET PAREiNG AREAS xx 20A P.tupose. XY,Xx 20.2 Site Plan 20:3 General ProvisiQm X$ 20.4 Design and ].Maintenance of Off -Street Parking.Arcas xx �0.5 Required. Off Street Parking X SECTION 21- REGULATION ..OF GEM LAgE WATERS., WETLANDS., AND SHORELANDS 21.1 General.Provisions xx 21;2 Policy xx 2�.3 Use of Gem Lake SECTION 22 - SOIL EROSION CONTROL AND STORM WATER.MAItiiAGEMENT 22A Erosion and Sediment Control 22.2 Stormwater Management SECTION 23 -:BROADCAST 1 TELECOMMUNICATIONS TOWERS AND ANTENNAS 23.1 .::.`: Purpose and Intentxxx niDistricts f23.2ZvorComtruttian 23.3 Performance Standards xxx 23.4 Proof of Non- Iritieirfeierice 23:5 Tower.,5et-.Iia�ks:' .23.6 :' licatlons and Plari;:Review'` '.` ..::.:.... Per iait: PP ........ . X SECITON 25 - S al,)IVSION 25.1 Pu s 25 c 25. Int do ►� XX. Updated March Id, 2017 Geni.Lake Consolidated Land Use Ordinance —.Page 6 25.4 &Quk=ents 25.5 ark Lan .D ica ' n 25,6 1 b .7 15.8 Cgnfjict,gnd Interaction of Qrdin Ges 2 :9. R le d xxx 2 A O Ejag and Review P ed f 25.11 Doi tan ds ' 2G.15 ec ' in wi e rd' n 2 . SECTION 2 - TREE PRESERY&ITON e e 'S e n d r Updated March 14, 2017 Gem Lake Cansolidated.Land Use Ordinance — Page 7 27.4 Wotdihk of Thise don 27.5 Definitions X 216 Protection Standards 27.7 Data Submission _.._..,.,, xxx 27.8Removal hreshold� 27.9_ - R�foresta6gn X)O� 27:10: C4nstructi!2n Dar�iage to 5iolficantTrees in or Near the Preservation Area 27.11 Agreement to Replace Trees _xxx 2T:15 Release and Retention of Performance Security X Updated March 14,2017 Gem Lake Consolidated Land `Use Ordinance -- Page :8 ORDINANCE NO.43K ¢= With Amendrucats.through 17 Ju1y2412 THE ZONING ORDINANCE OF GEM LAKE, MINNESOTA, RELAI`ING TO AND .REGULATING TI-IE LOCATION; SIZE, USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OFTOPULATION IN THE CITY OF GEM.. LAKE, AND. FOR 'THE PURPOSE .Or PROMOTING THE. PUBLIC HEALTH, SAFETY, OR17ER,. CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID C=, .AND FOR SAID. PURPOSE, TO DIVIDE THE CITY INTO DISTRICT'S, AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT. DISTRICTS. The City of Gem. Lake does: ordain as follows: SECTION 1= TITLE Section 1.1 This Ordinance shall. be known, cited and referred to as the GEM LAKE �G CON SQLD62B .LAND jLQ,F.ORDINANCE except as referred to herein, where it shall be known as;;"tliis :Ordinance". SECTION 2 - INTENT AND PURPOSE INTENT in le ordinance: Section 2.1 This Ordinance is adoptied for the p;aipose of:. 2.1.1 Protecting.. the. pudic Health; .safety morals, corn fart :;convenience and general welfare. `din ''Ehe Ci` "`intio banes .and districts zesfsictiitgand 'regulating therein the location, construction, 2.1.2 Dive..-.... g t9 .. Recozis'tr etion, alteration; and;.use of ss azctures and:lai l 2.1..3 Promoti orderly development of the xCsidential,.husiness and industrial areas: 2.1 A.Providing adequate.light, air, and convenience of access to property. 2.1.5 Preventing overrxowdirig'v larxd and undue concentration of structures.byregulating the use (if land and buildings and the bulk of buildings in.relatiQn to the land and bulldings`surrounding:them. 2.1.6. Providing for the compatibility of different larid uses and. the most appropfiate use of land throughout the. City. 2.1.7.Supporting the ideals of and providing for local. controls consistent with the Gem Lake Comprehensive Municipal Plan as adopted and, `from time. to tinia; amended: SECTION 3 - RULES AND DEFINITIONS Section 3.1 Rules. The language set forth.in. the. text of this Ordinance shall be.interpreted in. accordance with the following: nnles. of construction: Updated March 14, 2017 Gem Lake Consolidated..Land Use Ordinance -- Page 9 3.1.1. The sixigulas number includes the. lural and the plural the :sinou :r; 11.2 The.presezit tensc.includes the past and future tenses, and the future the present. 3.:1.3 The word "shall" is mandatory, and the word "may" is permissive. 3.1.E The masm6e.gender indlides. the fem4e and neuter -genders. 3.1.5 Whenever.:a word or term defined hereinatier appears in the text of .this Ordinance, its meaning:"shall be construed as: set forth in such defuution:thereof. 3,1.6 All measured distances expressed in feet shall be to .the nearest: tenth' of a foot. For.Derwitions see Atfiendrx Updated March 14. 2017 Gem Lake Consolidated Land Use Ordinance -- Page .10 i �7�l rir�R 21lJS'�IRLt�'1-itSLlY1'.ff!_;y-hS�lrL liliRf�LC�sri 2Srlr:sra J.+1�'lS��i1 �S!!_JSSLf'1�l•••a•�siS":�i:�lErtt�-l�s�.risl�ni2lil• liST1 " Updated hlarch.J4, 2017 Gem Laka.ConsolidatedLand Use.Drdinance -- Page 11 y y��a �l'R�wrr�e�ti7•L1.�J..:��.�i��tiLLllll.�F.l�1.�1V.Sa�.aww�iVtilRR�f:�-1-!.L�i!f'��wJL"-!f�1�l:11Lwl•ar�r�SeL�S�S1T><"-.lSilwi�_L 1�.[S �iS 1f2 �-.s.w��Si! Updated March 14, 2017 Gem Lake Consolidated Land Use ordinance — Page 12 Updated March.14, 2017 Gem: Lake Consolidated Land. Use Ordinance — Page 13 Updated March 1.4, 2017 Gem Lake.ConsodidatedLand Use Ordinance — Page.14 ■. F. - -RAW - _ •■ I "IM-150.5.is i.+sru.-r �.x.rrs�i-��sr�!pai�aes.�►�1•��susix�••.••"'� - - - ,. --_- �!_._�..a..—__.�.....�.r.uitat.��iriu- �_ •Knees ■. _ a PL W WIMM z 1.w . Updated March 19, 017 Gem Lake Consolidated: Land Use.6rdinance—Page.15 ■ - - W io W�� - WNW •■ - Updated March 19; 2017 Geer: Lake Consolidated Land Use Ordinance — Page 17 e. a . ■ • ■ A - - - - - - - -- Updated March 14, 2017 Gem -Lake Consolidated Land Use Ordinance —.Page 18 updated March 74; .2017 Gam Lake Consolidated Lund Use. Qr'dh7ance — Page 7.9 a R!/�g7l�lr.��[�7+wea'e�r-n �rr.�s-+�++�-+-••+ - —___ __ __ _— _ __ Updated March14 20)7 Gem Lake Consolidated Land Use Ordinance —Page 20 .—_.�..`._.....�....��.riun�GaiL - - - - Updated March I4, 20I7 Gem Lake Consolidated Land Use .Ordinance—.Page.21 ■ ■_ w. tai r s - - - Updated March 14 201.7. Gem. Lake Consolidated Land Use Ordinance -=Page 22 Updated March 74, 2017 Gem Lake Consolidated Land Use Ordinance —Page 24 - ■ -No MW a _ _ _ Updated March 14, 2017 Gem: Lake .Consolidated Land Use Ordinance — Page 25 SECTION 4 - ZONING DISTRICTS AND MAP Section 4.1.Districts 4.1.1 In. order to carry out the purpose and provisions of this :Ordinance; the City of Gem Lake is hereby divided into the.following Zoning Districts and groups of Districts. .A) Residence Districts } u u Y _t-_ Resiileti-ee Singly Estate. f3-B 12 acre minimuin.lot size) 2) «R2 �M' Aere re_# Residence Single Family Execuffiz (4�8 3 -Q acre minimum lot size) 3} "R3 RCS" T = Y'=-='__, '----_ S g1e FamilyResi erithd (I.0 acre minimurn lot size) 4) apv4 B". 1.,. fte 1(0:5D acre rriinimuna lor:size) B) Gateway District Ci Open Soacc/Recreational "OSIR" Sectiort 42. ap 4.2.1 The boundariesof the above districts a Gem Lake, Minnesota," -dated approved and. hereinafter referred to as. the information shown thereonshall. have the s, Section 4:3 Boundaries 4.3.1 District boundary line center lines of streets or al the effective.date;oF.this O such lof af`recon a dividing district such lot shall"esrt Zoning AdP i 4 shall be heard by iy establisl ed an that certain map entitled "Zoning District Map of xst.2411..ar d qtn time to..tiine amended, which Wrap .is properly ap". This map and. all of the notations, references. and other -e and effect as it fully`.set forth and described herein. said map` follow lot.lines, tlie. centerlines. of.streets, alleys, or railroads, the center of water coursesor the: corporate. limit lines, all as they exist upon lments. thereto. If district boundary lines do not follow any of the above cstatushed. as drawn on. the zoning map. Where a District boundaryline iersl ip ear the time. of enactment of. this Ordinance and places portions of tricts; airy portion of such.lot with fifty (50'0'7 feet on either.side of such for. any use .of either Use. District; provided; however, if:any portion of feet.. limitation, theDistrict line as shown shall pxevail. Appeals from the estions of doubt concer"ing:tlie.exact location of District boundary lines Updated March 14, 2017 Gem Lake Consoliddted .Land Use Ordinance -- Page 26 SECTION 5 = "RE" SINGLEtLMILY ESTATE. RESIDENTIAL DISTRICT a] ■.4RUMM-MAN if, in tfic this and is sub- Vi ejELTM Com re e s'v'e 1 for the murceT f th e de s .Section 5.1 Permitted Uses. Within any "R4 BE" Zoned one (1) or more of the foilowi.ng uses 5:1.1 One fasni y detached: dwellings 5.1..2 Truck gardening and other horticultural uses or offered for sale.. Section 5.2 Permitted Accessory Uses. Within any accessory uses.. 5.2.1 Attached or detached. housing: for:::: i ;e Distnct;'r g structures or land shall be used except for products producedon the.premise be sold e District, the follavving uses shall be permitted 5.2.2. Private. garage, car part or parking: space 5.2.3 The keeping. of not nic re:I= two (2} roomers duct a homes sporting sites necess . . p . u m > in tenn19 Xouxt, horse training ring; .and others ary toeon 5:2:4 Private s .. ---- g-` P.00l event. 5.2.5. Home.'occupation 5.2.6. Signs as regulated by this Drdinaiice 5.2.7 Structures temporarily located. fof purposes of construction on the site for a period..of time not it, excess of such construction. 5.2.8 Conservatories .for plants and flowers,. not -including any business, trade or iridustxy. 5.2.9 Decorative landscape features: including. but not limited to, pools;:arbors, hedges., walls, shrubs, trees, etc. 5.2.10 Essential. services Section 5:3:.Conditional &.Interirn Uses, Within any."lR RMZoned.Residential Use District; tto structures or.land shall be used for. the.follawing uses except by Conditional Use Permit: S' 5.3.1 Countiy.clubs, golf courses and .other private non-commercial recreation areas and facilities, including swirru-ning pools; provided :that any principal building or st rurung pool shall be located not less than: fifty (50') feet from any other lot in an "R'.' District. Updated March 14, 2017 Gem Lake Consolidated Land Use ordinance - Page. 27 5:3.2 Essential Service Structures 5.3:3 Structures with side or rear elevations up to ten (10'0") feet in excess of the standard front building height. 5.3.4 Agricultural Structures, including but not limited to barns; stables,.kennels and the like. Structures in.which farm at 3mals..or fowl are. to be: Housed shall require a setback of one hundred (100) feet .of any lot line. excep.t where the. following conditions: may. provide for easing the. restriction: A). the structure shall be partially screened from the views From neighboring houses, with said screening to be existing or planted and inami tained. vegetation or the natural topography. of the lot and. surrounding Lands and with. the amount: of screening to be measured at full growth in the summer season; B) the structure shallbe at. least one -hundred (100'0") feet from'any.well; ISTS or neighboring dwelling; C) the drainage chacacteristies. of the land shall be such that., the;;cortcenttation of animals and animal waste shall not cause zeal or potential pollution or nuisance problems;` "< D) the design anal. construction materials of the..of�the`structure shall be consistent with the main. dwelling on the property;. E) such other factors as may be dechied.tnatesial by the City. 5.3.5 Bed and Breakfast Establishments 5:3.6 Vehicles, including motor homes, cairipei•s: and trailers; in'.excess of 7,000 pounds or 20 feet in length. 5.3.7 Family Day Care Hame n Sec tion 5:4 Height Re� atzo sr A) `I'he;facade in question should be:Partially scxcened from.comparable and reasonable vantage point views of the neigF bons while in thcz dweiling0s) aid .screening to be by existing. or planted and maintainedvegetation or floe natiitial tapograpliy o f the lot.and surrounding lands with the. amount of screening to be.zneasured at Aull growth m tl e'summer seasons; and,. B) the. verticality of.:aqy aca c in question shall be interrupted by -roof line(s), deck(s), bowlbaywindow(s), or ofher such .three -dire ..s dnal architectural feat re(s) which.preclude thecreation of an uninterrupted vertical plane.of greaterthan thirty-five. (35'0") feet at any point; and, C) chimneys, weather veins,. cupolas, antennas. and the like should not becounted as :an element of the structure for height measurements.; and, D) lower level walkout design features may. be. included only in areas where the natural topography provides for the design 'aud no .artificial topographical buildup or grading change.in.excess of four. (0") feet collectively is xequred or created; and E) whenever aside. or rear elevation exceeds the allowed height for that district, the structure must be further set back from the side and rear lot lines. by the standard set back distancc plus. two (20.") feet for every one foot above the standard front height; -and.,. Updated March.14, 2017 Gem Lake Consolidated Land Use Ordinance — Page 28 F) such other factors as the City inay deterft ne based upon the special or unique conditions.and raxcumstances of the lot: and it's surroundings. Section 5.5 Area, Frontage a -ad Yard Requirements 5.5.1 Tlie Following minimum requirements shall be.obsmed: TABLE 5.5.1 Updated March 1:4, 2617 Gem Lake Consolidated Laud Use Ordinance —Page 29 SECTION 6 - SINGLE FAMILY EXE�TI�'E "R2 RY" RESIDENTIAL DISTRICT ►�t%3l_L!� : ! !- ��riiL►i•�11L"S�.i'!!,l�■i■1S�I■J.■'+Ri����sra� x�: II Ent'nr �u u �� 1 - Gc : `200 f ffiLlUgM maxi ffi i us s he fe a - 2 0 Comprehensive Prce. f li e d l Section 6.1 Permitted Uses G:1.1 Within any " ft " .Zoned Residential I7istricfy no: structum-or; laud shall be used expect for one (1) or mote. of the following.. uses: A) All uses permitted in Sectivn.5.1 and as xe fed therein except as.herein amended. Section: 6.2.Permitted Accessory Uses 6.2.1 Within. any "R4 RY'.' Zoned Residential District, the'follvwin&: ses shall be perr itted,as accessory uses: A) Those uses or structures .P""', f..,d in Section 5:2 ail as`segulated. therein shall be -permitted accessory use, except as:herein amended. 63.3 agricultural Structures; including but not limited to barns, s.tahles,. kennels and the like. Structures in which farm animals or fowl are to �ei:kiousecl 'h cquise a. set -back of one. hundred. (100') feet Of any lot he: except where die: following. conditions .may pi ovlde''for easing the restriction: A) the structure shall be partially screened from the views from.neighboring douses; with said screening .to be existing or planted and maintained vegetation or. the natural topography of the lot and surrounding. lands and with the. amount of screening to be measured at full growth in t% a summer season;. E} the structure. shall. not be less than one -hundred (100'0") feet from any well, ISTS or neighboring dwelling; G} the drainage. characteristics l be: of the land shall such that the concentration of`animals .and animal waste shall not cause real or potential: pollution or nuisance problems; D) the design and constmetion materialsof the .of the structure. shall be consistent -with the main dwelling on the. property; Updated March 14, 2017 Gem Lake .Consolidated Land Use .Ordinance -- Page 30 E) such outer factors as May be.deemed material by the. City. 6..3.4 Bed and Breakfast. Establishments. G 3.5 Vehicles, including motor homes., campers and trailers, in excess of 7,000 pounds. or 20 feet in length: 0:3.6 Family Day Care Home s e Itial SC.cc 66.3.9 Dou 111e Homes Section 6.4. Height Regulations fi.4.l No principal structure shall exceed thirty (3010'!):feet in height -and no accessory structure shall exceeci.iifteen p'011) feet in height measured from .the ground. six (6'a.'7; feet from the primary frohf: entrance to the.lughest point of the: roof structure: not more than forty (4010"): feet in height subject 'ying criteria: comparable and reasonable vantage Point dews.. ng to Ue by existing or planted and maintained. undine lands with the amount of:.screening to be (.).. B the;;varticaliof an`;;£a�adeJn.quq.§d shall a interrupted by ioof iine(s}, dcck(sj, bow/bay windows , oroer such :three di erisional. arGhikectuxaT''feanzre(s).which preclude the creattan of an uninterxuptcd ':'`=vertical plane'Q. greater`tl an,thirty (3QV)" ,:feet at. any point; and; C) <'chimneys; weather °Veins, cupolas, .antennas and the. like should not. be counted as .an element of the structure for height measurements; and, D) lower level walkout design. features may be included only in: areas:.where the natural topography provides for. the design and no. artificial topographical build up or:grading change in excess of four (4b") feet collectively is'required 0 created; acid E}. whenever a: side or rear elevation exceeds the allowed height for that district, the structure must be further set back from the side and rear lot lines by the 'st mclard set hack distance plus two (2'0') feet for every one (11011) foot above th standard frontheight; and, F) such other. factors as the City . may .determine based upon the special or urxique. conditions and circumstances of the lot and it's surroundings. Section 6.5 Area, Frontage and Yard Requirements 6,5.1 The.following mu' imurn.requirements. shall be observed:. TABLE 6.5.1 Updated March 14,.2017 Gem Lake Consolidated Latta+ Use Ordinance. -- Page. 31 TOTAL AREA BUILDABLE AREA 3.0 acres 2TI- total area FRONT YARD SIDE YARD 40 foot set -back 15 .foot set -back LAKE FRONTAGE OPEN SPACE 200 .feet 50°/o total. area ,RONTAGE :50 feet .REAR'YARD 35 foot setback A).A side yard abutting a street shall not be less than tkventy (20') feet. .6.:5.2 The following structures can be erected widtin set=backs.as.long -as. no part of the structure is closer to the £rant. of the lot than the rear of the principal structurc: A) Fences 1) Fences may only be placed directly on #he`propertk line with the writtcri permis.sian of the adjacent property ownee acid When;°.riairitenance free rnatertals ate used; and 2) All other fences may only for owner mam-tcnance, Arid 3) from adjacent property lines to -provide for a finished facade facing adjacent Updated March.14, 2017 Gem Lake Consolidated Land Use Ordinance---.Page.32 SECTION 7 - SINGLE FAWLY "B4 RD" RESIDENTIAL DISTRICT City ot UeM L l MS ❑ s acz Lc � — - ra t o unit of m l .is x e ed at fie_ i . _- . . ,- t _r :_ _ _ :«, _4P 1 rocir —t;al unit' ner acre to maintain e visu l fe Section 7.1 Permitted. Uses 7.1.1 Within any "Ra l ' Zoned Residential Distr.' the following uses: A) All uses permitted in. Section!,.6,A Wd.as. District <xlie following uses.shall be permitted as .accessory uses:. ecl::in Sector :;..6.2, excluding. and as. regulated therein except as herein li rvvided .such.: pool is fenced so :as to control access. and is located not less than fifteen �;P ;Swninxrung pvo . p.:;.:::.:::. (1S'j' feet from any other; -lot iin-an" R'Djsttict, and subject to Council approval. Section: 7.3 Conditional &'Interim Uses 7.3.1 Withiri rty "Ra ko_.! Zoned :Residential District, no structure or land shall be used. foie the'fonowing uses.except.. by Conditional Us Aj Those uses or stra.c arcs listed as Conditional. Uses in Section 6.3 as. regulated the-resn, except as herein amended. S) Two-family dwellings: C).'I`he harboring and housing of agricultural animals :on lots greater than one (1.0) acre. �1 T�wnhames:or �� 7.3:2 Structures. with side or rear elevationsup to. ten (10'0") feet in excess of the standard front building height. Updated March.1.4, 2017 Gera Lake Consolidated Land Use ordinance =Page 33 7•33 Agticultural Structures, including but not ]united to barns, stables, kennels and the like. Structures in which farm animals or fowl are to be housed shall require.a set -bask of: one hundred (1001) feet of any lot line except there the follocving:conditions may provide for easing the restriction: �f A) the structure.. shall be partially screened from the views from neighboring houses, with.said screening to be existing or planted and mur aintained vegetation or the natal topography of .tlie:lot and surrounding lands and with the amount of screening. to. be measured at full growth in the summer season; B} the structure shall not be less than. one -hundred (IOUo") feet from any well., ISTS or neighboring dNielling; C) the.drainage characteristics of the land shall be such that the concentration ofanimals.and animalwaste shall not cause real or potential pollution or nuisance pirobletns;. 7:4.2 Back acid side facades inay exceed=tliirry (3',0"}'`feefin`heightbut`rivt more than forty (40'0") feet in licight subject to a Conditional Use Perrnit yhich add resses, at.a:.minimum, the £allowing.criteria: "` 'lroultl`l}e' `'arEiall screened from.com arable: and. reasonable. vantage point views of A Tlie:facade;-in.question s ,.... p.... y,. P tl e' :geiglz ors. wliiic ixi the'lVaweliing(s), said screenng to be. by existing or planted and mairitaincd vegetation oa'the:natural to ogr phy of the lorand.suzraiiriding lands with the: amount of screening to. be measured at full grovrrh in. the summer"season; and;:';,:: B) the verticality of any facade in quesfh i shall lje:uiterrupted Uy xovf.line(s}, decls(s},.baw/iiay ti�indow(s}, or other sucla''<"three-dixneiisioz al architectural. featute(s) which. preclude the.creation of an .uninterrupted vertical plane:o£greater. than thirty (30'.0'f) feet at any point; and, C) ehirnneys, weather veins cupolas; antennas and the like should notbe counted as an element of:the structure. for height measurements.; and, D) lower level walkout design features.may be:included only in areas inhere the:natural topography provides. for the design and no artificial topographicalbuild up or grading change in excess of four (4'.0") feet -collectively is requitedor: created; and E) whenever a side or rear elevation. exceeds the;allowed height for that district, the structure must be.further setback from the side and rear lot Lines by the standard setback distance..plus two (2'0") feet for every orie. (1'0") foot above the standard front height; Anil,. F) such other factors as the City may determine. based upon. the spccial.or unique conditions and circumstances of the lot and its surroundings. Section 7.5.Area, Frontage. and Yard Requirements Updated March 14 2017 Gem.Lake ConsolidaledLand Use Ordinance —Page 34 7.5.:1 Thie following minimum requirements.shaTbe observed: TOTAL AREA 3b;9F39 �e� I acre FRONT YARD 36 40 foot set -back OPEN SPACE 40% total area BUILDABLE AREA �§W/o total. area SIDE YARD 15 .foot set -back TABLE 7.5.1. FRONTAGE 4-$0 lafeet REAR YARD 2-,� 35 .foo.t set -back A} A side:yard abutting.a street shall not.be:less than to eilty (20);. feet - is The following structures can. be erected within:sei :backs as.long as -no. 'part of the structure is closer to the front. of the lot than the rear of the principal structure: A) Fences. 1) Fences m.ay only be placed;dixecd vn the`propesEy" line with the wiitten'permission of the. adjacent pxoparty.owner and when naiti teriance free materials are used, and 2) All other fences may onlyybeeigstalled nth, ade� from adjacent property lines to provide .for a finished facade facing adjacent Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance—Page.35 SECTION 8 — SINGLE FAAHLY 1,R4 RVI RESIDENTIAL DISTRICT h .. a nd the, value f thLaistink h0nles aecnon.rs.t x w*'**+,LLGa.v.scs 8.1.1 Within any "R4.$T" Zoned Residential Disiz ct .no structure or land shallb used except for one (.1) or more of the following uses:. A) All uses permitted in Section.,7_ 1.: and as regulated illsa except as herein amended. Section 8.2 PesmittedAccessory Uses 9.3.2:Structures with side or rear elevations up to -ten (14'4") feet in. excess of the standard front building height. 8.3.3 Agricultund Structures, including but not. .limited to barns, stables, kennels and the like. Structures in which farrn. animals or fowl are to be housed shall require. a'set-back of one hundred (1.00) feet of any lot line except where.the following conditions may provide for casing the restriction:. A) the structure sh.O.be partially screened from the views from neighboring houses, with said.sereening to be existing or planted and maintained vegetation or the natural topography of the lot and surrounding lands and with the. amount of screening to be measured at full growth in the. summer season; B) the structure -shall not be less thaa.vne-hundred. (1000") feet from any tivell, ISTS or neighboring dwelling; Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance — Page 36 C) the drainage characteristics of the land shall be such that the concentrationof.anitnals and animalwaste shall not cause real or potential pollution or. nuisance ptoblerns; D) the. design:and: construction materials of the of the structure: shall lie consistent with the main dwel]irig on the .property; E) such .other factors as may be deemed material by the City. 8.5.4.Bed and Breakfast Establishments 8.15 Vehicles, including motor hoxnes, campers and trailers, in excess of 7,000 pounds or 20 feet in length. 8.3.0amily Day Care Home section 8.4 Height Regulations 8.4:1 No "principal structure shall exceed thirty (30'0") (1:5.'0") feet in height measured from the ground six W( the roof structure. 8.4.2 Back and side facades.may exceed. irty.(30V') to a Conditional 1`l3e Permit which.addresses, at a M A) The facade in question shouldch the neighbors while in their dwcll or the natural topography of the.lot growth in the suinrner..season; arid; Height ant :qo accessory structure shall. exceed fifteen from the pnr ary,front.entrance to. the highest.point of height but riot mate than>:1' .M, {401011) feet in height subject die following: criteria: screened irom.comparable. and reasonablevantage point Views of screening ta'eby existing or planted and maintained. vegetation iznding.laxtds witZ'the amount of screening to be measured at full feet at.any itietrupf 'd by roof lines), deck(s), bow/bay window(s), or: f which preclude the creation of an. uninterrupted yertical and, ielike should notbe counted as an element ❑f .the: structure s may be included only in areas where the natural topography. provides phical buildup or grading change;iri excess of four (4VI) feet collectively E}.whenever'a. side or reareleyation exceeds tihe allowed.height for that. district, the structure must be further set back: from tl e;`side ands ;rear lot lutes by the standard set back distance plus two (2'0"} feet for everyone (1'0") footabove tkie;staidard front height; and, F) such other factors as the City may determine based .upon the special or unique conditions and circumstances of lot and its surroundings. Section 8.5.Area, Frontage. and Yard Requitements 851 The Billowing. minimum, requirements shall be observed: ebn-situeptic Systems will bg u r structures conn .n `c TABLE 7.5.1 1A� Updated March.14,.2617 Gem Lake. Consolidated Land Use Ordinance — Page 37 TOTAL AREA CAW a -feed .75 Act FRONT YARD 35 foot set. -back OPEN SPACE 40% total area disiricr.the following a�glies: TOTAL AREA 0 Acr FRONT YARD 35 foot. set -back OPEN SPACE 40% total area BUILDABLE AREA. FRONTAGE 75% total.a 1 100.feet SIDE YARD REAR YARD 15 foot set -back 25 foot set -back BUILD 75PI 15 foot «n o„ TABLE 7. 5.1 ERON'TAGE 100 feet 25 YARD Updated. March 14, 2017 Gem Lake Consolidated Land ;Use: Ordinance -- Page.38 SECTION 9 — 01 WA "G" DISTR= E. 6istrict or the Ex cutive: ResidentlaLdia x — - plannedpianned unit bev rrie n b n.. 9.1:1 Purposes. Specifically, the Gateway zoning district v�*attei* to. A] Promote development. and redeveloprnerit consistent with the encouraging residential..uses:in conjunctioth"commercial and exp will create an active street: life, while: enhan g d? ; tali 0—usine: B}.Provide £or mixed -use development(s) that are carefiliy':planned and toadway:systems. C) Provide enhanced oversight uses and.consis.tency with the al LD) Ensure compatibility witk sr E) Provide ve natural:re is respectful iditional use. peihu. 1 ter t]larl Eor the sit&. tives O promote visio3ing. plan. for the .Gateway area by anded recreational activities. which .1n. turn ;ses.arid"i'cducingvehicular traffic. to promote'efficient use of land, parking. to. ensure compatibility, of iiii d e redevelopment: projects: landscape design that is implerrienUA l,y respoinsive aut iize the carbon footprint: of the City, and establish a key.zone.within Gem of ng areas and.is .instructive for future generations. H). Eracourage.pedestrian and:.:bicycle use. I) Ensure. that.cornmercial andresidential uses in a development.axe designed -to be compatible with each other. J) ;Ensure high staricla :' of sitedesign, spatial relationships, architectural design, building materials and landscape design. K} Seek to put in place those areas identified in the Comprehensive flan (as supported by the master plan) that includes four "sub -zones": 1.. Neighborhood Edge: Intended foe lower density single-family residential:h..ousing development to act.as a transition between: new mixed -use construction arid existing.single-family detached. stsuctares on adjacent lands. This subione in its basic form will accommodate :single-family dwellings on larger lots, or with application of incentives., more compact homes on common larger lots or on .compact lots with enhanced buffers (used. in clustering), shared with accessory buildings .and generally served from a front or side drive -y... Topcks MDjug to extend Neighborhood the ffer zone along all existigg nonz-Gatgmyr sid l ro p cr l Updated March .19, 2017 Gem Lake Consolidated Land use.ordinance —.Page 39 the extre erti. ortion of thi > u n ns do in e- e villa t e structures e a rii :ed im ' si -fa ra 2. Neighborhood. Generah.Intended to begin the transition fxom pusely:residentialuse.at low densities to mot.e intensive mixed -use development at the district's center. This subzone will accommodate a variety o£ residential structures at varying densities, and also begin to integratelower-impact office or retail activitieswhich. complement the.residential setting. 3. Neighborhood .Mixed Use: Intended to establish .a. neighborhood focus that is distinguished by mixed use buildings, together with denser residential options and smaller -scale commercial and office build. nigs without residential components. This subzone:will accommodate: a variety of activities and services within: easy Walking distance from homes thaoughout the District,. supporting. daily convenience shopping and personal service.. needs, and also providing .:opportunities for public gathering and social contact. 4. Neighborhood .Center: Intended for. the areas. The mixture of land uses emphasizes (as market acceptance matures) and structw retailers. Street frontages throughout .this 's should be- defined by placing building facai that abuts other subzones on the norCb.'jand buildings. Whe d 1 12ers mostzla in conditions within all of the shotivu mixed us&. noun& -floor retail with a.ffices and residential rental above es`.providingcoMunerml space for medium and large -sized ibzone should be -:pedestrian -oriented, and.the public space [es at the edge of flier"sidewalk: Neighborhood Center land west sides wsll be ca> of }lly planned. to ensure.lower=density =W-w . - Updated March 14, 2017 Gerry Lake Consolidated: Land. Use Ordinance: —.Page. 40 9.2 Generally Apnjicablc Rcaation� 9.2.2.Adtninistration, Conditional Uses; Variance; and. Appeal. A The BuildingType standards are i,ntend4t' c :be erriployed` and; used to entitle the construction of'a building . upon land in the same..manner that listiug..a :use'as ,:; P.,e =tted :;entitled land..in other Zones defined by its Ordinance. The. xv es"sing of conditio"al':us.e perm is variances; Qz ndments, platted subdivisions and othex P,.:......... land use a lications which may..necessarily aycori p: ny`an application .for. building approval:in the Gateway Pp ... •........ District sha11 beprocessed sirriulkaneously will tie Fev�ew of the Gateway District proposal, whenever possible. B All new construction,.;remode4pg yr expansion . (except fox the remodeling or expansion of single=family detaclied'; dwell ng s) vvitl iu tlZe`' Gaiey$W. District: xequkes. a Zoning Compliance Permit. The: Zoning Cori 'pliarice I'eimit: s .indefinite. in ciurstion%and,th6e 6i titlements stated on the permit shall run with the land. A`':Zoning Compliance Permit is, granted affetdeteuninatioia that the. proposal complies with all applicable standards set forth within th;s:rSection (Thoroughfare Standards, Civic Space Standards, Building Type Standards, Parkixag, and`'7e5ign Standards): As set forth. below, the 'final approval for the Zoning Compliance. Pcrm 6V"M come Exam the City Council-fos propnsalsuhich regture Council approval in.sorrie. foxm.(such'as. a platted..sul?.division or conditional use permit}, and the Zoning Administrator .£or proposals which' do. not review (such as single buildings .or minor subdivisions without v otherwise require.. Councilariances}. C} For the purpose ofprQ)! ng.admiriistratXve review and processing.of.development proposals rx�ithin the Gateway District, the"City, Councii Hereby appoints the Zoning Adrnixustrator to serve. as the primary point a£ contact betweenthe City and applicants. for zoning approval, Upon receipt of an application for land .use in'the Gateway District; the ZonsngAdmiaistsator shall ensure that the: application is complete within five (5) business days of receipt. if the application is not complete, the Zoning Administrator shall return all materials with..an. explanation of what is required to make: the application complete. When the application is determined to be complete, the Zoning Administrator. shall distribute copies of.all submitted documents to the City.'s appointed consultants in.architecture, engineering -and planning. The Zoning'Administratox'shall obtain written coxriment on the application from. each consultant before the scheduled Planning Commission review of the application, or before. making. an adrninistrative.Approval where authorized. D} If a.City consultant identifies a:failure to meet the standards. of this Section, the Zoning Administrator may not.admisiistratively.appxave:apermit for thg e proposal. The Zoning Administrator shall :meet with.the applicant to attempt: to resolve the deficiency; and re-submitany. revised ,.or clarified proposal to: the. consulting Updated March 19, 20I7 Geni LakeConsolidated Land .Use Ordinance —Page 41 professional who.identified the problem for rcview:.If the.consultant agrees that the.deficiency is corrected, the Administrator: may issue .the permit E) For applications: on a City .Council.:approval.track,. the Zoning Administrator shall also attempt.to .resolve any deficiencies noted. in consultant review wit h..the applicant prior to the final. Council. action on the proposal. The Planning Conu-nission and City .Council may choose to act on the proposal within theist reasonably used discretion, even if the matter is: not. resolved prior .to: final action. F) All applicants seeking a Zoning Compliance Permit mmt submit a;development plan with their application. G) Conditional Usm.All elements of a development plan which require conditional use :permit approval.may be combined into..a single: conditional use permit.application for the proposA.with a single: applicable. CUP fee for review and processing. in addition to other .required application fees. Portions of proposed buildings which may be used for . permitted or : conditional uses need not. apply: for conditional use approval as part of the . development application., unless. the.. tenant, occupant or awrier;of the space is known at the time of applicatiai� and will need a conditional use permit: All applications fins;onditionai use permit approval shall otherwise be. processed in the same manner as. other. applications for -con itional use. permit approval, using.the procedures and criteriastated in Section.1.7.5 of the:Zoning Ordinance. H) Any variances requested in connection with ::.Gateway District development proposal shallbe processed in. the same manner as variances from other Sections of the.Zonutg Ordinance;;using the procedures and criteria: stated in Section.17.4 of the,Zoning I Any applicant licant aggrieved by a decision, .mandate or :other='action of the Zoning 1' dnainistrator may appeal the matter in: the manner provided by Sei*n.17.7 of the Zoo rig Ordinance. 9,2.3 Existing Uses and Structures at Adoption of• Cl aptcr; The:sta, Qs generally applicable under Section 16.3 of the Zoning Ordinance shah apply toexisting structures. and u-ses.located wl.th'...' the Gateway Districtupon the adoptionf this Section or existsn on lam later added to`tk eGateway. D sp q by re=mapping on. the date a new zoning :nap g:.:.:.,. becomes effective. An.ap:plicaut seckinga building'pevn t,to,materially:alter. or expand a.legaily.nonconforming stricture within the: Gateway Dili c ctsliall. subrr iE°a: partial. develop ent plan, confasning in formation as requested by the Zonixi9 Administrator to allow review, of the alteration or expansion's compliance with. Design Review zequitements set forth at 9.8 and. the. -Connectivity Requirements ser,forth a. 9.5 3 . f land use or certain es p . encourage 9.2:4 Ince tives: Tile Ci;` `; _Councilt`t ay establish=irzecntives`' which apply totypes preservation activity.withiri':tu`e,Gateway'I7istrict The'Couricsl may set the incentives by. adopting a separate ordinance. which idea es clearly the item or items the Council seeks to encourage; the .allowance or allowances which the Council is willing to'affes applicants; anti` suf£tcient'eriteria to allow the Zoning: Administrator and City consultants to. evaluate and score applications: seeking to. apply the. incentives and ahowati�es. The following text is 1 TY�e.Gaty of Gem: ke seeks.to itprnve transit options wilbin the City. Pmposals uihieh incorpordting.psrhlic transit. options , 6 ag;,overall:devgl4pment plan tvddl:receiue enhanced cevdc space: credit for the space dedicated to the public Transit optrar Spiace 6pnssrer svrll apply asfAI10WF Bus waiting rarer: :uncovered.. 2°/0: bontrs ,bats tvaiti4 area, covered.4%q Bits waiting:.area, integrated w1 building 8% Bars Rapid Transit access: 10°/0 Hail access or.access.to.ftation: 10% Hail transit datt.•on: 30% Intermodal transit center. 50% Propased spaces must meet the. criteria for.public transit fad ides estdblished by the Metropolitan Council in order toguah)� for space: bonuses. The Cary Cozrncil.shall approve all requests for transit incentive: bowrses The Zoning:Adrn nutrator shall consult with the City Engineer to review and make recommendations on the request for inconth a treatment.witbin an applicatian. The ability to alter :or change. incentives may not be.used to aliow.a variance from the.standard$ of thus. 5ection..Or the Zoning Ordinance overall. An ordinance establishing or:mod ring available.incentives shall not take effect until 45 days Updated March.14, 2017.Gem. Lake Consolidated Land Use Ordinance — Page. 42 after adoption and publication, and shall notapplyto any applications Filed with the::Cit r.prior to the effective date. The. i. ordinance. Creating incentives niay, .at the City Council's discretion, .provide. a method for an applicant to propose an lieu .of only seeking a: modification of dimension or placement incentive as part. of a development application in standards throughamendment or. variance: 9.3 Placernent of 5ubzones and integration.vAth Neighooting.Zones. 9.311 The. Gateway. district is composed -of four sub -zones; A) Neighborhood Edge B) Neighborhood General C) Neighborhood Mixed -Use D} Neighborhood Center 9.3.2 Mapping. requirements. The. City Council shall The Council shall assign land to each sub -zone wit the Gateway District. In assigning land to sub -zone A) assign all land lyingwitlik 200 feet of A& Residential as.Neighborhood Edge, and S} not assign any land lying witihi5;feet of a Residential as Neighborhood'Centert':;.. �-zones`to land included within the Gateway: District, to existirigIot lines or tag parcels contained withiia shall -at a rni;,lutrs; parcel zoned Estate Residential (RE) or Executive zoned. Estate Residential. (RE) or Executive Updated March 14, 20.17 Gem Lake. Consolidated Lana' Use Ordinance — Page 43 G` , of Gem .fake '�'� Fuhire Gateway Zone L Seth Zones Map NI sZ'SF N''N IN �«:r�~ •.,fin• X n-.:�a. pis;. `1.���_ . ; �: -..�,�s.: r.::i r.� [•fir-= r'<:: -$ .�•.. {a V 'pia V��i •�•�•�-.... z. ?i' � it ','.�a�.r��,���;• 'z • �,:�,,ea�ar�n'ti�� . n�� r �" `r �Gy���Y:.r r , . < �J _: .l •�vsr�. � �G.i:� , .. is � �-�:� ��.r _ _:x �c�r' ii•'��•i t�h - �i'a -i ..:'s: - .:jai, �•.•:'.: i _ .€; -i�-5.-ai' `=.fir .:�•:... ..S �... ,-: �, fi . J-?•. _� Zvi . -:..1 p_w ., cam odd Vadri is He ais He N FEB 2017 SEH 5 �� A$-H¢i�nrhauCGeYSGaI �JQ} �� o. Ica sao I .. rrd nadoenaa� �Hrsy hkVVxWWMMmd UseIN&M Figure 1M Y1�1SI, a[C 1F1 pC. Updated ,Varch .14, 2017" Gem Lake .Consolidated .Land Use Ordinance — Page 44 FC f, Gem Lakeuones, biap i �r 3•. � i `5•" �>�"F. ).. •,•--•sue !. H •.�.2.-n.- y Y f 3. - 1 Y :; ,. bhy z sm ff" F 1C 1 - e_ i � 3 E .....:....,:•_ -. . is a '00 T i! =:3i � C' .: ii�<• g ., f iti��+=riiY z7:': �i - 5� x?'•.`:tiS:if :'. .i �. �� � i '�. �_• :<:I,;4.• Y ,''�" _•:c�<. rl'3 ( _ �wski'�.�?�'?�_'-',•.:5•::�:i•r�F y f 1•' ;?'yid : Y,f': • i7'"?SF. r:;F;'�:S:,;r. ria {{(I I 'r.., ..;2=- ',^.ham? i.•.�:=•y. ' _.. ,.- .:...- ... ... . :::: I'•:' wlw�-w�x".n.'PMY'.�. .. .. l J'f,J � fl... .,fie -� v_.;2�... "'.li;2M^ :.sJ:�' 1''• %. -x c� (i 4 H is 1 3.m y, wJ� - k ! r£: ram• t 'f ir�rr>rsvraj 7.7 rl� f rr 77-7 gffi YYY j� .'{•�` �{"� Y• 1 �e fP� ,-- -� Vadn is HeE Tat +: ,T et 1 i LEGEND r Cak�W�rllf.V'R+ k�rRRdL%m _ � ti = .1Jdl��Whivtl �E 4 1.20 Fla,nro;�rn:�r �terd �rsp I,f¢i wttolvmA,mW0.04wu1 v.l�. r.•...r.... rye I. igt4r$ 1 ta0i�ti�:fi»�a'CorH 0401 9.4 Thotoughfare standards, Sheets, sidewalks and. other pedestrian or bicycle ways within dedicated rights -of -way shall be considered and designed: together.. as "thoroughfares." The .street and pedestrian circulation system iti. any development plan _ shall be used to organitie and define the communi acting as fitnctiozial and visual links between neighborhoods, the ty,. neighborhood center, civic and commercialspace: The areas and open spThe circulation system shall be based on a defined, interconnected network to provide. adequate traffic capacity, provide connected pedestrian and bicycle routes, control through. traftic, Ulnit lot access to streets of lower tra%ffic volumes,: and promote safe and efficient inobiHty through the community. 9*1 Genetal street design principles. The Eoliowing:Principles should be Followed in. street layout and design: A} Local street lengths .should be short. B] Streets should be designed with: gentle curves. and changes in. grade to- break the. sight line of the road into smaller visual elements and cause drivers to:.slow dawn. C} Traffic calming features. such as curb extensions, trafficeiGles, .arid medians should be used to encourage slow traffic speeds. 9.4.2 Thoroughfare Types Permitted by 5ubzone. The thoroughfare design]-n a..given area of the Gateway District is. in :part by the subtone to wWch.the:land is. assigned. Right-of=way:dedicatian and the use of the right -of - determined way is "set forth in the Thoroughfare Type diagrams atiFiguires 2 and:3. . e.pxesence of trees within a diagram indicates a requirement to plant "street trees" within the indi afga area.. A development Alan's thoroughfares shall comply with the dimensional and layout standards applicable to':eacY thoroughfare type. The folldiing Thoroughfare Types are allowed in each sub -zone: i} Neighborhood Edge: A, B, Alley:;:,. iij Neighborhood General: A, B, :C* (Type. C only allowed withna iii) Neighborhood Mixed -Use: C, D., iv} Neighborhood;Cent'; D, Alley; Type D thoroughfares m' Alan's; (May also. prop6.s a Plaaa wit &th[ NOTE: County as.frontage. f( Use sub=tione..boundary); Wand Hoffman Road should be treated as 5}. Thoroughfare Types and should .not.be used..or depicted Updated March 14, 201.7 Gem. Lake Consolidated Land Use Ordinance.- Page 46 FIGURE 2 Updated March I4; 1017 Gem. Lake Consolidated Lard Use Ordinance: -- Page:47 FIGURE 3 Updated March 14,. ;2017 Gem lake Consolidated Land Use Ordinance: — Page 48 9.5. Civic space standards. The City of Gem Lake's visioning. plan. requires welt planned and 'function al open spaces; ' pzeservadon.arem, parks. and..gathering places, which are generally.refured to. in: this .Section.as "civic space:" An application's development plan shall dedicate:.or otherwise set aside. suf&cient land for public civic space. At a nummurn, 1011/a of. the total acreage in development shall be identified on the plans as Civic Space. The acreage of wetlands protected by stare statute and any wetland buffer required by a governing. watershed district shall be. excluded from calculations of "total acreage in development'' and from the calculation :of the 1.0°/o dedication to civic space. A Civic Space shall conform to one or more of the Civic Space Templates. at.Figures 4 and 5. The Civic Space Type used to design a given Civic Space shall be indicated on any.plan or diagram intended to show compliance with this section. FIGURE 4 9.5.1 No cash paymen.t.in.lieu:of .civic space may be approved for applications within the Gateway District, 9.5.2 The minimum. width required for any Building Type under Figures. G;'thxough 15 may be.reduced by up to 30% if the area which would have been. contained within that huildiaig. Iot:;l efore tke:reductian is ttans.ferred to a Civic Space located within 1/4 mile :of the lot. the. area of .the traffic lane or access 5ace, areaswithin a thoroughfare or pplicable Thoroughfare or Building following Building :Types: C}'Apartmenit/Condotriiiiium (FiOe;9) D) Bunjjalow Court (Figure•`19) L,) Live/Work Unit.(Figure 1.l) E) Mixed Use Building:(Frgure 12) F) Commercial 1. Retail/Office Building (Figure 13) 2.'Single Use Building (Figure 14) a.. With Liner Building (Figure 14a) b. With Collar Cases (Figure 14b) 3. Auto -Oriented Layout (Figure 15) Updated Marsh 14, 20I7 Gem Lake ConsaIidated Land Use ordinance —:Page 49 9.6.2 Use of Building Type Templates. Figtues 6 through 15 contain all regulatory information governing the dimensions. of lots and the dimensions, setbacks, lieiglit; mass, placement and use of buildings in the District.'ne.City's. review of a. development application shall primarily apply the information contained in. the applicable Buildzrig Type Templates. Terms and concepts used widiin the Building Type Templates are further defined as follows. A) Frontage Street. The Thoroughfare Type on.which the.. Building Type may be p}aced: The building. must be oriented toward..the frontage: street and have itsprimary entrance: on the permitted frontage street, unless.. an alternative is allowed by the terms of. the Building Type chosen. 'Width". is measured' along frontage street; °depth" measured perpendicular :to the frontage street. For purposes. of placing. buildings,.. Highway 61 and County Road E are not frontage streets,. and. the property boundary with those.roads' rights-of�way should be aligned as the rear lot Iinn:to the greatest extent possible, parking lots:may abut the Highway 61 or County Road E rights -of -way, subjectto the landscapingrequirements of the Gem Lake Landscaping Ordinance. B) Height.by Story. The pertnittetl height of any building is determined by the. number of stories allowed and built. The height of each story isAetermined by the space betw.0 n the upper surface of any floor and the upper surface of the floor next above, or the ceiling. {peaked rood}. pr roof (flat roof} abovefor .top. stories.. A story must have:a minimum.height of 12 feetand n-iaximumheigl`af 15 feet;. buildings with assigned ground -floor retail and commercial shall have aground-flooit be' b ' of at l -ast` 1...feet and no more than 20 feet. The top. of a peaked roof is limited to the average story heig_t:of: the building; irieasured from the ceiling of the topmost floor to the highest gable: of the roof Half=staries;::(fin ishing the space, if:az y,:.between the roof and the topmost full -story ceiling} are permitted for all buiidirig types in all:subzones. C) Building types with specified height limits .shallbe measured:.from the average elevation of the sidewalk on which the building's primary entrance is. located an e :egging o.f. a: flat roa.£ or<tlie deck line of a mansard roof. D}Basements. tlllbuilding types arc`pettnitted"to,have basetnents.if it is technically feasible to.. basements on the chosen 1?uiiding site. Awalk-omit basemcni i is; consideted'a`"story" for height regi�Jatian,.but other kinds of basements are not counted against theheight o f.th building. of the building 's first horizontal ro'ection g Fvo rint: T'lie buildin foo, `Tint is the'azda'."occupied by `the.... p .I. . L�} tp g tP ..,::. floor, excluding CheJElaor area of attached garages and porches or decks built as allowed% encroachments into setbacks. Within the' bildzzxgteiope definedrr..tfie Building Type Template, the horizontal projection of. iiooer::doors:;mav not extend mo a than=lien. feet ii any direction over the footprint, except for portions of the molars; Ratio. Whe.h- tsed on.a Buiiding.Type Template, the percentages listedin the Mass table define the: maiciiriurn area:allowed tke-borizanta' projection of one floor in zelation to the area of the horizontal projection of the Yiuildirig footprint an attached'94age, if any; G} Building Placement Diagram. The diagram an each Building Type Template provides regtslatory information on the setbacks,'build-to Tuj`; s nes.on which.some or. all of the building fauade roust be placed],. the "building envelope" in which" the:; fva[print.may be placed, frontage types, permitted encroachments of porches, decks. and baleonies, .placexrient'of accessory suuetures, and other items which 'regulate the -built environment on a given..lot: 9.6.3 Combination of Building Types on Single Lot. The Building Type templates regulate lot size; but it is not required that each building be. on a separately conveyed lot If multiple building types are proposed, the.din chsional standards :should. be applied as though the lot were being divided. Any total surface coverage or building. footprint standax may be combined among all of the buildings included on'a particular lot. 9.6A New Building Types, New building.types may be proposed in the manner of other amendments to the Zoning Code miring the procedure in. Section 17.G of the Zoning Ordinance. A proposal must.: contain all information included. in existing analogous Building.Types; including but not7united to. the dimensional.. standards, use designations,.arid frontage requirements. Updated March 1..4, 2017 Gein L-aie Consolidated Land -Use .Ordinance .—Page 50 9.6.5 Use Regulation in the Gateway District. The Gat& y District's regulatory focus: is first upon the form of each building and: its relation to the surrounding -environment. This .section regulates the use of space within buildings, except to the extent.that any structure or land use existed -as a legally nonconforming use prior to the:adoption of this Section, as a matter secondary to the.built form. the use.:of land in the District is regulated by the Building Type Templates and is `directly related to the building. form. .A) General Terms and Permitted Uses. The Building Type Templates assign categories of uses to;certain floors of.a building: When multiple use categories. are listed and separated by a slash (such as "office retail"}, the uses may be .combined on the floor at the discretion:of the owner..or occupant of the building. When multiple use categories axe stated as alternatives (such as "officeor,residendaV) the floor may only be assignedone category of use, at the.d isrxetion of the owner or occupant of the bdding..Building Type Templates may also contain specificexclusionsor limitationswhich modify the application of a use category to the. particulat building. The categorical terrn.s axe .defined as follows: Resideatial _ Premises for long. term human .dwelling. Office _ Non-residential premises used .for.administra6ve clerical used in this section includes.medical and dental officesused hy` : dentist, chiropractor or similar professional). professional or similar activities. Office as. ?e (5] or fewer medical principals (doctor, Retaal - Premises for the sale of merchandise ;and food service. For purposes o service :are considered "retail." instead of "office": Athletic clubs :and: fitness. c use of the building space are considered a: "retail" use: Certain personal ;s "retail".if not. the primary use of;a building: barber'shoplbeauty salon; clothing (but not on -site processing); and'tailoi shops. f this Section, banks with teller enters that are not the. primary. ervice.,busmesses are considered rchtal and .dry cleaning pickup Commercial-.?rernises for the:conducr of the="fol'lowing activirics,. which. are not:included within the.meaning of "office" or "retail". for purposes of tiles Sectiari Athletic cluQfitness center (when primary or only use of building space}; business'sehool or bade shaol;:veteEiary clinic; £unesal home; hotel; recreational.pziinaryusc: (such as a bowling alley}; cabinet acid carperitry sl ops heifer. g 'plumbing or electrical sales and setviee;:printing shop, upholstery..S' hop, warehousing: Canditioi al zses of space`assigned as: "commercial" are, automotive repair. and service .(including gas stations); car: wash;;:.light .industrial uses which manufacture, process, store and distribute foods and:materiais:-not-.likely to rxeate offensive noise; odors, oil}rations,..dust smoke, heat, glare. or other abj6ctgonable influences :and are n`;general'dependent.uponraw materials refined elsewhere. Updated March 14, 2017 Gem Lake Consolidated Land Use Ordinance. - Page.51 FIGURE G Updated March I9,2011 Gem. Lake Consolidated Land Use Ordinance — Page 52