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2019.03.05 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 1, 2019 City Council Meeting Schedule Tuesday, March 5, 2019 Time Type of meeting Location 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting City Council work session to discuss: • Corrective City Code Amendments, Chapters 1-9. • Constituent issues update. • New business.* • Announcements.* Conference Room A Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda March 5, 2019 7 p.m. Council Chambers The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance. 2. Approval of Agenda The Council will consider approval of the agenda. 3. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council meeting on Feb. 19, 2019. b. The City Council work session on Feb. 19, 2019. c. The City Council work session on Feb. 26, 2019. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) 5. Regular Agenda 5.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 5.2 The Council will consider a resolution approving a petition and agreement for special assessment financing for a fire protection system at 6105 – 42nd Avenue North (Theatre Elision). Crystal City Council Meeting Agenda March 5, 2019 Page 2 of 3 The new owners of the property at 6105 – 42nd Avenue North will be renovating the building for a theater. Because of the nature of the use (gathering place for many people), a fire protection system is required. The new owners have requested the city’s financing program for installation of the fire protection system. Recommend approval of the resolution approving this financing. 5.3 The Council will consider a resolution declaring Lot 1 of Jayflo Subdivision (west end of Iron Horse Park) to be surplus land and directing staff to initiate the sale process. New Hope is working with a developer on a single family housing development on vacant property north of the railroad tracks, west of Iron Horse Park. One access to the site is through Crystal, along the extension of Louisiana Avenue and adjacent to the western edge of Iron Horse. The westernmost parcel of Iron Horse is not dedicated as park property and is relatively isolated from the rest of the park and is underutilized. If this parcel was to be declared surplus to be platted and sold for single family homes, the proceeds would go to the Parks Improvement capital fund to pay for improvements at Iron Horse Park. Recommend approval of the resolution. 5.4 The Council will consider approval of the 2019-2020 Labor Agreement with International Union of Operating Engineers, Local 49 (Public Works). Crystal has three employee groups covered by labor agreements (police officers and supervisors and public works employees). Two of the three groups negotiated 2019-2020 contracts in late 2018. The one outstanding labor agreement with the International Union of Operating Engineers (IUOE), Local 49 (Public Works) has been settled, consistent with the adjustments the Council approved for the other two bargaining units and non-represented employees. Recommend approval of authorizing execution of this 2 year contract. 6. Announcements a. The Bowling for K9 Officer Leo fundraiser is Sunday, March 10, 11 a.m. – 2 p.m. at New Hope Bowl, with a lunch following at the Crystal VFW Post #494. b. The City Council will hold a work session on Thursday, March 14 at 6:30 p.m. in Conference Room A at City Hall. c. Cheers to Crystal, a Crystal Fund for Community Progress fundraiser for the Becker Park playground, is Friday, March 15, 6 – 9 p.m. at the Community Center. More information and tickets are available at www.cheerstocrystal.com. d. The next City Council meeting is Tuesday, March 19 at 7 p.m. in the Council Chambers at City Hall. e. Crystal Business Association meets on Wednesday, March 20 at 8:30 a.m. in the Community Room; Mayor Adams will present the 2019 State of the City. Crystal City Council Meeting Agenda March 5, 2019 Page 3 of 3 f. The Environmental Quality Commission is hosting the University of Minnesota’s Bee Squad presentation of “Helping People Help Bees” on Thursday, March 21 at 7 p.m. at the Crystal Community Center. g. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for information. h. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 7. Adjournment 8. March 5, 2019 Meeting Schedule Time Type of meeting Location 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting City Council work session to discuss: • Corrective City Code Amendments, Chapters 1-9. • Constituent issues update. • New business.* • Announcements.* Conference Room A * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Crystal City Council meeting minutes Feb. 19, 2019 Page 1 of 3 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Feb. 19, 2019 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll CallMayor Adams, with the assistance of Mayor for a Day Brayden Banks, asked the city clerk to call the rollfor elected officials. Upon roll call, the following attendance was recorded: Council members present: Deshler (arrived at 7:21 p.m.), Kiser, LaRoche, Adams, Banks andBudziszewski.Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, Finance DirectorJ. McGann, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Police ChiefS. Revering and City Clerk C. Serres. Pledge of Allegiance Mayor Adams and Brayden Banks led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the agenda. Motion carried. 3.Appearances 3.1 Finance Director Jean McGann presented the Government Finance Officers Association Certificate of Excellence in Financing Reporting. 3.2 Mayoral Commendation - Mayor for a Day Brayden Banks. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council meeting on Feb. 5, 2019. b.The City Council work sessions on Feb. 5, 2019. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Resolution No. 2019-16, accepting the following donations: a.$1,968 from the Crystal Crime Prevention Board for Crystal Police Department. b.$500 from Crystal Frolics Committee for Becker Park Project. c.$500 from Rotary 5950 Foundation for Becker Park Project. d.$15,000 from West Metro Fire-Rescue Relief Association for Crystal Frolics. 3.1(a) Crystal City Council meeting minutes Feb. 19, 2019 Page 2 of 3 4.4 Approval of Resolution No. 2019-17, for the 2018 Surface Water Management Plan. 4.5 Approval of a cooperative agreement with Three Rivers Park District for the Becker Park restroom building. Moved by Council Member Banks and seconded by Council Member LaRoche to approve the consent agenda. Motion carried. 5. Open Forum The following persons addressed the Council during Open Forum: • From Three Rivers Park District: Commissioner Dan Freeman and Associate Superintendent of Planning and Design Jonathan Vlaming, regarding a partnership for a trailhead connecting the existing Crystal Lake Trail with the future CP Rail Trail by Becker Park. 6. Regular Agenda 6.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Budziszewski and seconded by Council Member Banks to approve the list of disbursements over $25,000. Voting aye: Kiser, LaRoche, Adams, Banks and Budziszewski. Absent, not voting: Deshler and Parsons. Motion carried. 6.2 The Council considered a resolution approving the preliminary and final plat of Liveri Addition to divide 6715 Corvallis Avenue North into two lots. Community Development Director John Sutter addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 18 RESOLUTION APPROVING LIVIERI ADDITION PRELIMINARY AND FINAL PLAT Voting aye: Deshler, Kiser, LaRoche, Adams, Banks and Budziszewski. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 6.3 The Council considered a resolution approving a Joint Powers Agreement with the city of New Hope for the Winpark Drive reconstruction project. Public Works Director/City Engineer Mark Ray addressed the Council. 3.1(a) Crystal City Council meeting minutes Feb. 19, 2019 Page 3 of 3 Moved by Council Member Deshler and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 19 RESOLUTION AUTHORIZING THE JOINT POWERS AGREEMENT WITH THE CITY OF NEW HOPE FOR THE WINPARK DRIVE RECONSTRUCTION PROJECT Voting aye: Deshler, Kiser, LaRoche, Adams, Banks and Budziszewski. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 6.4 The Council considered a resolution approving the purchase of a replacement utility truck. Public Works Director/City Engineer Mark Ray addressed the Council. Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 20 RESOLUTION APPROVING THE PURCHASE OF A REPLACEMENT UTILITY TRUCK AND ASSOCIATED EQUIPMENT Voting aye: Deshler, Kiser, LaRoche, Adams, Banks and Budziszewski. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 7. Announcements The Council made several announcements about upcoming events. 8. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Banks to adjourn the meeting. Motion carried. The meeting adjourned at 7:36 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres, City Clerk 3.1(a) Crystal City Council work session minutes Feb. 19, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:45 p.m. on Feb. 19, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present: Deshler, Kiser, LaRoche, Adams, Banks and Budziszewski.Absent: Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, Police Chief S. Revering and City Clerk C. Serres. II.Agenda The Council and staff discussed the following agenda items: 1.MPCA 0% loan for storm water project at Becker Park. 2.Constituent issues. 3.City manager monthly check in. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 8:22 p.m. ________________________________ Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk 3.1(b) Crystal City Council work session minutes Feb. 26, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on Feb. 26, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city manager recorded the attendance. Council members present: Adams, Banks, Budziszewski, Deshler, Kiser, LaRoche, and Parsons. Also present: City Manager A. Norris and Facilitator K. DeYoung. II.Agenda The Council and staff discussed the following agenda items: 1.2019 Council Vision and Goals. III.Adjournment The work session adjourned at 8:58 p.m. ________________________________ Jim Adams, Mayor ATTEST: Anne Norris, City Manager 3.1(c) Page 1 of 1 City of Crystal Council Meeting March 5, 2019 Applications for City License Rental – New 4507 Vera Cruz Ave N – Michael Hillenbrand (Conditional) Rental – Renewal 4353 Adair Ave. N. – James Richards (Conditional) 5720 Adair Ave. N. – IH3 Property Minnesota LP (Conditional) 5203 Angeline Ave. N. – Abdirahman Adam (Conditional) 4051 Brunswick Ave. N. – Serenity Village Community Church 4337 Colorado Ave. N. – Stephanie LaFave (Conditional) 2743 Douglas Dr. N. – Reese Pfeiffer and Michael Fruen (Conditional) 3603 Douglas Dr. N. – Rafael Sanchez Cortes and Erika M Arias Carranza 5127 Edgewood Ave. N. – David and Irene Moore (Conditional) 5944 Elmhurst Ave. N. – Patrick D Archer 2956 Florida Ave. N. – David Foss 3005 Florida Ave. N. – Judy and Eric Bolin (Conditional) 4749 Georgia Ave. N. – Clayton and Tammy Duggan (Conditional) 2736 Jersey Ave. N. – Dennis and Barb Arel (Conditional) 5204 Jersey Ave. N. – Felix and Sarah Volzing (Conditional) 6034 Jersey Ave. N. – JMW Investments (Conditional) 3520 Lee Ave. N. – Juniper Land Trust LLC (Conditional) 6804 Lombardy La. – Raymond and Cindy Scherbing 3335 Nevada Ave. N. #3504 – Yuri Dreizin 5540 Regent Ave. N. – Open Hands Inc (Conditional) 5809 Rhode Island Ave. N. – AH Properties LLC (Conditional) 3347 Utah Ave. N. – IH2 Property Illinois LP 3443 Welcome Ave. N. – Matthew Eiden (Conditional) 3149 Yukon Ave. N. – Home Share (Conditional) 6509 38th Ave. N. – John Spilane (Conditional) 6820-6824 44th Ave. N. – Steve Hinrichs 6418 46th Ave. N. – Ryan Casey 5333 49th Ave. N. – Joseph Anton 7717 59th Pl. N. – Mark and Jodi Heiden (Conditional) Tree Trimmer Arbor Design Tree Service P O Box 290298 Brooklyn Center, MN 55429 3.2 DATE:February 27, 2019 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Metropolitan Council Environ Serv March 2019 waste water service costs $130,159.55 LOGIS October & November 2018 support and service $62,770.57 Crystal Leased Housing Assoc Cavanagh TIF note principal and interest $120,140.78 W Metro Fire Rescue District February 2019 fire budget allocations $100,522.40 $413,593.30 Description C:\Users\anorris\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\IVUNW1LB\Checks over $25000 Memo (002) 5.1 PAGE 1 OF 12 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ D ATE: February 28, 2019 TO: Anne Norris, City Manager (for March 5 Council meeting) SUBJECT: Consider a resolution approving a petition and agreement for special assessment financing for a fire protection system at 6105 – 42nd Avenue North (Theatre Elision). BACKGROUND In March 2018 the City Council adopted a no-interest financing option for installation of fire protection systems (sprinklers) in existing buildings. The following is a summary of the program’s purpose and parameters: Public Purpose: •To reduce the potential for loss of life for building occupants and first responders •To preserve and enhance the value of real property •To prevent the emergence of blight in older buildings •To improve the utilization of older buildings to create jobs and economic opportunities •To counteract the combination of physical constraints, building age and market forces that make fire sprinklers infeasible for some properties Parameters for City Financing: No interest charges - principal payback only. Payback occurs through a special assessment against the property. A petition by the property owner is required. 5 year payback term - 10 semiannual payments due with property taxes (May 15 & October 15 each year). City financing is capped at 25% of the most recent Hennepin County Assessor’s Estimated Market Value. If the property is tax-exempt, then the city would order an appraisal and financing would be limited to 25% of the parcel’s appraised value. City financing is also capped at $100,000 per parcel. Minimum project size is $10,000. (Smaller projects should be privately financed to ensure efficient use of city resources COUNCIL STAFF REPORT 6105 42nd (Theatre Elision) Fire Sprinkler Financing 5.2 PAGE 2 OF 12  The city self-finances this program with the EDA fund balance. Assistance with installation of fire suppression systems is an eligible EDA expenditure under M.S. 469.002, Subd. 14, (5)(i) and (ii). Special assessment repayments will be credited to the EDA fund.  The city may deny an application or suspend the program (not accept new applications) if it determines that the EDA fund balance is getting too low.  The city may modify the program to charge interest for new applications if the interest rate environment changes. The former Mill End Textiles building at 6105 42nd Avenue North has been vacant and for sale for several years. Elision Arts LLC recently purchased the property for use by Theatre Elision. A permit has been issued to renovate the building and convert it into a live performance theater. To do so, a fire protection system including fire sprinkler system is required. Due to the expense of tapping the concrete water main under Brunswick Avenue, a new water supply line will be tapped in the cast iron main under Colorado Avenue and run in a city easement from Colorado to the subject property. The total estimated cost is $111,415. The proposed special assessment financing would be for the actual costs up to $100,000 (the cap for the program). Any costs above $100,000 would be self-financed by the property owner. Staff recommends that the Council adopt the attached resolution authorizing the Mayor and City Manager to execute the attached Petition and Waiver Agreement. 5.2 PAGE 3 OF 12 LOCATION OF SUBJECT PROPERTY - 6105 42ND Ave N (Theatre Elision) ▲North 5.2 PAGE 4 OF 12 FLOOR PLAN - Theatre Elision (6105 42nd Ave N) ◄ North 5.2 PAGE 5 OF 12 5.2 PAGE 6 OF 12 5.2 PAGE 7 OF 12 5.2 PAGE 8 OF 12 5.2 PAGE 9 OF 12 5.2 PAGE 10 OF 12 5.2 PAGE 11 OF 12 5.2 PAGE 12 OF 12 5.2 PAGE 1 OF 11 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ D ATE: February 28, 2019 TO: Anne Norris, City Manager (for March 5 Council meeting) SUBJECT: Consider a resolution declaring Lot 1 of Jayflo Subdivision (west end of Iron Horse Park) to be surplus land and directing staff to initiate the sale process BACKGROUND 1.The City of New Hope owns an eight acre site north of the Canadian Pacific Railway and west of Louisiana Avenue. They are selling it to SVK Development who is proposing to re- plat the property into 32 lots for new single family homes. 2.Directly east of the New Hope site, across the municipal boundary in the City of Crystal, is Jayflo Subdivision of which Lots 1-5 are used for Iron Horse Park. 3.At a work session on January 15, staff proposed to the City Council a study of the feasibility of developing Lot 1 of Jayflo Subdivision for three new single family homes. Based on this discussion, staff ordered a property survey and soil borings. 4.On January 18, staff sent a letter to six residences on the south side of 52nd Avenue with line-of-sight to Lot 1, informing them of the potential development and upcoming survey and soil boring activities. 5.On February 6, staff presented the potential development concept to the Park and Recreation Advisory Commission for discussion. The Commission voted 5-1 that the Council proceed with the development of Lot 1 for three single family homes, provided that the remaining park (Lots 2-5) is replatted as park land. 6.On February 11, staff presented the potential development concept to the Planning Commission for discussion. 7.On February 15, staff sent a letter to the 20 residences on the south side of 52nd Avenue from Idaho Avenue west to the New Hope boundary. (This included the six from the January 18 letter and all of the homes that back up to Iron Horse Park.) This letter described the potential development and consideration by the Crystal City Council at its March 5 meeting. COUNCIL STAFF REPORT Declare Lands to be Surplus and Initiate Sale Process 5.3 PAGE 2 OF 11 GENERAL LOCATION OF PROPOSED CRYSTAL PLAT (Lots 1-3 for new homes + Park parcel) ▲North 5.3 PAGE 3 OF 11 NEW HOPE DEVELOPMENT PROPOSAL - “Windsor Ridge” - Proposed Preliminary and Final Plat ▲North 5.3 PAGE 4 OF 11 CURRENT PLAT OF CRYSTAL PROPERTY EAST OF LOUISIANA AVENUE - “Jayflo Subdivision” (1963) ▲North 5.3 PAGE 5 OF 11 PROPOSED VACATIONS (to accrue to new plat) ▲North 5.3 PAGE 6 OF 11 PROPOSED PLAT - “Iron Horse Addition” (replat of Lots 1-5, Jayflo Subdivision) ▲North 5.3 PAGE 7 OF 11 PROPOSED PLAT - “Iron Horse Addition” - three lots for new homes ▲North 5.3 PAGE 8 OF 11 PROPOSED PLAT - “Iron Horse Addition” ▲North • Three lots for new homes with proposed setback lines and easements • Sketched onto New Hope development plan showing proposed infrastructure 5.3 PAGE 9 OF 11 NEW HOPE DEVELOPMENT Generally: • City of New Hope selling land to SVK Development • Proposed development is called “Windsor Ridge” • It will have 32 lots for new single family homes • SVK typically builds the homes themselves rather than selling to a builder • SVK intends to begin work ASAP this spring and have model homes done this summer Process: • Detailed plat and development plans submitted by SVK to New Hope on February 11 • Currently being reviewed by New Hope staff (Crystal staff has provided comments) • NH Planning Commission public hearing on March 5 (notice mailed to 500’ radius) • NH City Council action anticipated on March 25 Infrastructure: • New street will be named 51st Avenue North and will connect Pennsylvania Avenue dead- end in New Hope to existing Louisiana Avenue dead-end in Crystal • New sidewalk will run on one side of new street and end at the Soo Line Place ROW in Crystal • New street will be 28 feet wide • New water main running east-west will connect with existing New Hope main at Pennsylvania Avenue and existing Crystal main in Louisiana Avenue ROW • New sanitary sewer will be split, with west 10 homes flowing into New Hope’s system and east 22 homes flowing into Crystal’s system How this relates to the three potential Crystal lots: • Crystal homes’ driveways would connect to street on Crystal side of municipal boundary • Crystal homes’ water services would be installed on existing Crystal water main in Louisiana ROW (either Crystal will pay SVK the unit cost to install these services, or install them with our own forces) • Crystal homes’ sanitary sewer services would be installed on new Crystal sewer main (Crystal would pay the developer the unit cost for these services) SOILS ON THE CRYSTAL PARCEL Seven soil borings were completed on February 26: • Three borings were completed on Lot 1 (the southerly lot). The only potential issue is fill material that is 3½ - 6½ feet deep under Lot 1. Sandy soils suitable for home construction are located beneath the fill. At worst, the fill would need to be removed, although this might occur anyway for foundation excavation depending on whether the new home has a garden level basement (split entry home) or a full depth basement (rambler or two story home). • Four borings were completed on Lots 2 and 3 (two per lot). Sandy soils suitable for home construction are located under the topsoil on both of these lots. 5.3 PAGE 10 OF 11 RATIONALE  Convert underutilized land into usable cash for our parks  Rough guesstimate is $150,000 net proceeds for the Parks Capital Fund if we subdivide the land and sell the lots ourselves  Somewhat less if we sell the lots to SVK for them to build homes that match those in the New Hope development  Funds could be used for improvements to Iron Horse Park  Add a picnic shelter? (like Yunkers)  Add trails per the master plan?  Hockey rink - remove per the master plan?  Park & Recreation Advisory Commission will hold a neighborhood meeting in the park on July 10 - opportunity to discuss potential improvements  Remaining park would still have 3.1 acres (minimum for a neighborhood park is 1.7 acres)  Preliminary concept sketch of what Iron Horse Park might ultimately look like: RESOLUTION FOR COUNCIL CONSIDERATION The attached resolution would declare that Lot 1 of Jayflo Subdivision is surplus land not necessary for a public purpose, Lots 2-5 are to be replatted as park land, and direct staff to initiate preparations for said replatting and sale of the three lots to be created on Lot 1. Any actual replatting and sale will require respective public hearings and additional Council action. Council action on the attached resolution is requested. 5.3 PAGE 11 OF 11 5.3 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 5.4 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 1, 2019 City Council Work Session Agenda March 5, 2019 Following the City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on March 5, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Deshler ____ Norris ____ Kiser ____ Therres ____ LaRoche ____ Gilchrist ____ Parsons ____ Revering ____ Adams ____ Ray ____ Banks ____ Serres ____ Budziszewski II. Agenda 1. Corrective City Code Amendments, Chapters 1 – 9. 2. Constituent issues update. 3. New business.* 4. Announcements.* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 557622v2 TJG CR225-423 Kennedy Troy J. Gilchrist 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9214 telephone (612) 337-9310 fax tgilchrist@kennedy-graven.com http://www.kennedy-graven.com & Graven C H A R T E R E D Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 telephone MEMORANDUM To: Crystal City Council From: Troy Gilchrist, City Attorney Date: February 27, 2019 (March 5, 2018 Worksession) Re: Draft Corrective Amendments to Chapters 1 through 9 As previously discussed, staff is working through the revised Code to identify any remaining corrective amendments needed before my office takes the final steps of reformatting the entire Code. The proposed ordinance addresses the corrections identified in Chapters 1 through 9. To help keep these corrective ordinances manageable, the corrections for the remaining chapters will be presented later as part of a separate ordinance. Some of these amendments could have arguably been made as part of the final reformatting since they are not substantive, but since staff specifically identified them I wanted to make sure they were made so they did not get lost in the process. You will see I used labels to identify the chapters to which the amendments relate. The unique part of this ordinance is how I handled the amendments to Chapter 5. Staff prepared a number of amendments to Chapter 5 using the track changes feature in Word. Rather than spending the large amount of time it would take to convert that document into a section by section strike out and double underline as I have traditionally done, I have just attached the track change document. Each of the proposed changes are identified in the document, they are just in a slightly different format than the Council has seen in the past. I have also attached a short PowerPoint presentation that further discusses the amendments to Chapter 5. I do not plan on giving this presentation during the worksession, but we certainly can discuss any questions the Council may have. As noted in the presentation, the Planning Commission has already conducted a public hearing on these amendments and have recommended their adoption. Again, with the exception of the amendments to Chapter 1, these amendments came from staff, but I would be happy to attempt to address any questions the Council may have during the worksession. Additional changes can be made after the worksession if the Council directs or if, frankly, I missed any of the changes previously sent to me. If the Council is comfortable with these corrective amendments, the goal would be to bring a finalized version of this ordinance forward to a Council Meeting in the near future for a first reading. 2 557622v2 TJG CR225-423 City Council Meeting March 5, 2019 Agenda Item: _________ 3 557622v2 TJG CR225-423 •Staff is proposing miscellaneous changes to the UDC: Some merely correct or clarify existing requirements Others would make minor policy changes •These miscellaneous UDC changes are being presented to City Council along with other chapter amendments to complete the city code update project prior to recodification of the entire code Background 4 557622v2 TJG CR225-423 •Zoning certificate applications: Zoning certificates occupy the middle ground between a building permit and Planning Commission/City Council review Amendment clarifies the purpose of a zoning certificate and when one is required •Amusement centers (i.e. video arcades): These are no longer specifically regulated in Chapter 11 and don’t need to be listed in the UDC •Food trucks: Now regulated in Chapter 13 of city code as “mobile food units” so don’t need to be regulated in the UDC •Parking lots/ramps: Clarifies the difference between parking lots (accessory use) and parking ramps (principal use) UDC amendments 5 557622v2 TJG CR225-423 •Outdoor storage (cannot exceed any of the three limits below): Commercial district limits would be loosened as follows: 30%50%of the gross floor area of the principal building 20%25%of the area of the property 2,000 5,000 square feet Industrial districts would have new, looser limits instead of having to follow the commercial limits: 100% of the gross floor area of the principal building 50% of the area of the property 10,000 square feet There are built-in protections, such as screening and setbacks, that will protect the city’s aesthetic standards Zoning certificate would be required (currently requires a CUP) •Landscaping: Amendment clarifies landscaping requirements, including for parking lots UDC Amendments (continued) 6 557622v2 TJG CR225-423 Signs: Amendment allows sandwich board signs Amendment allows off-premise signs for adjacent properties to share (previously a variance was required) For multicolor electronic signs, amendment reduces the minimum time between sign changes from 2 minutes to 60 seconds (current comparison with other cities below) UDC Amendments (continued) 7 557622v2 TJG CR225-423 Planning Commission Action (Feb. 11): •No one testified at the public hearing or provided written comments •Planning Commission recommended approval of the amendment City Council Action Requested: •Approve first reading of the amendment DRAFT 2-27-19 1 557087v1 TJG CR225-423 CITY OF CRYSTAL ORDINANCE #2019-____ AN ORDINANCE REVISING CHAPTERS I THROUGH IX OF THE CRYSTAL CITY CODE The City of Crystal ordains: CHAPTER I AMENDMENTS ARTICLE I. Chapter I, Section 100.07 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 100.07. Official statutes; codes; regulations; and ordinances. References in this code to Minnesota Statutes or Minnesota Rules are to the most current enacting enactment of the Minnesota Statutes or Minnesota Rules and include any amendments made thereto and any successor provisions, unless otherwise provided in this code. References in this code to rules and regulations of state agencies, codes, and ordinances of other municipalities are to the most current enactment of those documents, unless otherwise provided. ARTICLE II. Chapter I, Section 105.01, subdivisions 11 and 14 are hereby amended by deleting the stricken material and adding the double-underlined material as follows, including renumbering the subdivisions as needed: Subd. 11. A reference to an elected or appointed city officer includes the duly authorized representative of that officer. Subd. 14. “Official” means a person elected or appointed to the council, or appointed to a committee or other group created by the city council to serve the city on its behalf. A reference to an elected or appointed city officer or official includes the duly authorized representative of that officer. ARTICLE III. Chapter I, Sections 105.09 and 105.11 are deleted in their entirety. ARTICLE IV. Chapter I, Section 110.07, subdivision 4 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Source notes. When an ordinance is integrated into this code, a source note must be added at the end of each new chapter, section, subsection or subdivision indicating the ordinance number and section from which the changed language was derived. Alternatively, the source notes may be compiled into an index placed at the end of each chapter or at the end of this code. DRAFT 2-27-19 2 557087v1 TJG CR225-423 CHAPTER II AMENDMENTS ARTICLE V. Chapter II, Section 215.01 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 215.01. General. Elections in the city are conducted in accordance with the general laws of the state of Minnesota, and chapter 4 of the city charter, and Laws 1971, chapter 213, as amended by Laws 1975, chapter 79. ARTICLE VI. Chapter II, Section 215.07 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 215.07. Absentee bBallot counting board. Subdivision 1. Board established. As authorized by Minnesota Statutes, section 203B.13 203B.121, an absentee ballot counting board is established. The board is appointed in the manner provided by law. Subd. 2. Examination of ballots. The absentee ballot counting board is authorized to examine absentee ballot envelopes and receive or reject absentee ballots in the manner provided by Minnesota Statutes, section 203B.12 undertake the duties of such board as prescribed by Minnesota Statues, section 203B.121 and such other law as may apply. Subd. 3. All elections. An absentee ballot counting board must be appointed for each general and special election in the city. CHAPTER III AMENDMENTS ARTICLE VII. Chapter III, Section 311.01, subdivision 3 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 3. CCH investigation for approval or denial of a license or permit. The police department is authorized to conduct a CCH Investigation to assist in determining the factual basis for the approval or denial of a city license or permit where the health, safety or welfare of the public is a concern based on the activity regulated and subject to the license or permit. A CCH Investigation is required for the applicant for a license or permit under the following ordinance sections: 1160.11; 1175.17; 1177.07; 1185.03; 1190.11; 1195.15; 1200.09; 1215.11 1110.09; 1120.11; 1125.07; 1130.03; 1135.09; 1140.13; and 1200.13. CHAPTER V AMENDMENTS ARTICLE VIII. Chapter V of the Crystal city code is hereby amended by deleting the stricken material and adding the underlined material as shown on the attached. Sections, subsections, subdivisions, and paragraphs shall be renumbered as needed to accommodate the deletions and additions. Any other non-substantive corrections that may be needed to incorporate these changes into the Crystal city code shall be made. DRAFT 2-27-19 3 557087v1 TJG CR225-423 CHAPTER VI AMENDMENTS ARTICLE IX. Chapter VI, Section 600.01, subdivision 1 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 600.01. Public nuisance prohibition. Subdivision. 1. Prohibition. A person must not act, or fail to act, shall not, either through an action or a failure to act, in any manner that is or create, causes, or maintain a public nuisance. For purpose of this section, a person that does any of the following is guilty of creating, causing, or maintaining a public nuisance: (a) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (b) Interferes with, obstructs, or renders dangerous for passage, any public highway or right- of-way, or waters used by the public; or (c) Does any other act or omission declared by law or city ordinance to be a public nuisance. CHAPTER VII AMENDMENTS ARTICLE X. Chapter VII, Section 705.09, subdivision 1 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 705.09. Storm water discharge. Subdivision 1. Designation of storm sewers. Storm water and other unpolluted drainage must be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet approved by the city council. Industrial cooling waters or unpolluted process waters may be discharged upon approval of the city council to a storm sewer, or natural outlet. Discharge of sump pump, footing drain and other runoff-related water into storm sewers is strictly prohibited and any such existing connection shall immediately be disconnected pursuant to Section 730 of this Code. CHAPTER VIII AMENDMENTS ARTICLE XI. Chapter III, Section 311.01, subdivision 3 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 800.45. Curb cut standards. Subd. 1. Compliance. All curb cuts located within a right-of-way shall meet the standards specified in this subsection. DRAFT 2-27-19 4 557087v1 TJG CR225-423 Subd. 2. One-family and two-family dwellings. One-family dwellings and two-family dwellings shall comply with the following requirements: (a) A parcel may have no more than one curb cut regardless of the amount of street frontage. The city manager, upon the recommendation of the director, may find that one additional curb cut may be permitted if the additional curb cut provides access to an existing conforming or lawfully nonconforming structure, such as a garage or paved surface lawfully used for vehicular parking, and that the parcel cannot be put to reasonable use without the additional curb cut. A parcel that has a curb cut on a public street and also abuts a public alley may have one access opening to the alley for use only to access a garage; (b) A two-family dwelling may have a second curb cut, subject to the following requirements and the additional requirements of this section: (1) The curb cuts and driveway approaches shall be at least 10 feet apart; and (2) The total width of the curb cuts shall not exceed 50% of the lot’s street frontage. (bc) The curb cut width shall match the width of the driveway approach at the curb opening, but Iin no circumstance shall a curb cut or any part of a driveway approach exceed 22 feet in width at the curb opening. In the event that a driveway approach is installed or reconstructed to be narrower than the curb cut, then the curb cut shall be narrowed to match the width of the driveway approach. If the curb cut is narrower than the driveway at the property line, then there may be an angled transition in the width of the driveway approach provided that the angle is no more than 45 degrees. If the director determines that, due to setback or topographic constraints, greater width in the boulevard is required for an angled transition to a wider, conforming driveway or lawful auxiliary space on private property, noncompliance with this paragraph may be authorized; (cd) When a property is permitted more than one auxiliary parking space in accordance with this code, the director may approve an additional angled transition in the width of the driveway approach to provide access to such auxiliary space. The additional area must only be on one side of the curb cut, be no more than three feet wider than the curb cut at the edge of the street pavement, and shall have an angle of no more than 45 degrees. The combined width of the driveway approach plus this additional area shall not exceed 22 feet anywhere in the street right-of-way, unless there are setback or topographic constraints that require greater width to provide reasonable access to a conforming driveway or lawful auxiliary space; (de) Two adjacent one-family dwellings or a two family dwelling with two separate driveways may share a single curb cut. In no circumstances shall a shared curb cut exceed 32 feet in width at the curb opening; DRAFT 2-27-19 5 557087v1 TJG CR225-423 (ef) Curb cut openings and driveway approaches may be directly adjacent to the lot line extended to the street curb; (fg) A shared curb cut and driveway approach may straddle the common lot line between the properties sharing the curb cut and driveway approach; and (gh) No curb cut or driveway approach access on a collector or arterial street shall be located less than 30 feet from the comer. No curb cut access on a local street shall be located less than 20 feet from the comer. Distances shall be measured from the end of the adjacent intersection curb radius. AMENDMENTS TO CHAPTER IX ARTICLE XII. Chapter IX, Section 905.27, subdivision 1, paragraphs (c) and (e) of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: (c) Recreational fires shall be kept a minimum of 15 25 feet from any structure or combustible materials. (e) Recreational fires shall be constantly attended by the property owner or designated adult until fire is completely extinguished. A garden hose or other adequate means of extinguishment shall be available within 25 15 feet of the fire for emergency purposes. ARTICLE XIII. Chapter IX, Section 910.01, subdivision 6 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 6. Commercial kennel. “Commercial kennel” means any place where dogs or other animals are kept as part of a business involving the raising, selling, boarding, breeding, showing, treating, or grooming of dogs or other animals. The term includes pet shops, animal hospitals, kennels and other similar types of operations. ARTICLE XIV. Chapter IX, Section 910.19, subdivision 2, paragraph (f) of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: (f) Is required to be quarantined pursuant to Crystal city code, section, 910.25, but is at large. ARTICLE XV. This ordinance is effective upon adoption and 30 days after publication. DRAFT 2-27-19 6 557087v1 TJG CR225-423 First Reading: ____________, 2019 Second Reading: __________, 2019 Council Adoption:_________, 2019 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 2 509575v9 AMB CR225-423 515.17 Permitted principal uses 515.19 Use-specific standards for principal uses 515.21 Permitted accessory uses and structures 515.23 Use-specific Standards standards for specific accessory uses and structures 515.25 Permitted temporary uses and structures 515.27 Use-specific Standards standards for specific temporary uses and structures 515.29 Nonconformities Section 520 Development standards 520.01 Measurements, computations, and encroachments 520.03 Site development standards 520.05 Architectural design standards for principal buildings 520.07 Exterior lighting 520.09 Fences and retaining walls 520.11 Landscaping 520.13 Screening 520.15 Off-street parking and loading 520.17 Surface water, drainage and erosion control Section 525 Subdivision of land 525.01 Basic subdivision of land 525.03 Development agreement required 525.05 Subdivision design standards Section 530 Signage 530.01 Findings, purpose and effect 530.03 General sign requirements 530.05 Sign design standards 530.07 Maintenance and repair 530.09 Allowed sign types 530.09 Sign specific standards 6 509575v9 AMB CR225-423 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one-family detached dwelling to which it is accessory to and subordinate in size. An accessory dwelling unit may be within or attached to the one-family dwelling, or in a detached accessory building on the same lot. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, section 1190chapter 11. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords a secondary means of access to abutting property. Subd. 8. Amusement center. “Amusement center” has the meaning given it from the Crystal city code, section 1180. Subd. 9. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 10. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. 7 509575v9 AMB CR225-423 Subd. 11. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for the owner, including a subdivider, developer, attorney, or similar representative who has filed an application for development or sign approval with the city. Subd. 12. Application. “Application” means the process by which the owner, or their agent, of a parcel of land within the city submits a written request for any type of development or sign approval. Subd. 13. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning. Subd. 14. Banks or financial institutions. “Banks or financial institutions” means establishments engaged in deposit banking, which may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, or credit unions. Subd. 15. Banquet halls or event centers. “Banquet halls or event centers” means a facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food or the sale of alcoholic beverages for on-premises consumption during scheduled events which are not open to the public. The facility space may be used by various groups for social gatherings, meetings, parties, weddings, receptions, or dances. Subd. 16. Base flood elevation. “Base flood elevation” means the elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. Subd. 17. Basement. “Basement” means an area of a building, including crawl spaces, having its floor or base subgrade below ground level, regardless of the depth of excavation below ground level. Subd. 18. Bed and breakfast establishment. “Bed and breakfast establishment” means an owner-occupied dwelling that offers short-term lodging, with or without meals, for compensation. Subd. 19. Block. “Block” means an area of land within a subdivision that is entirely bounded by streets, railroads, waterways, other natural barriers, the exterior boundary of the subdivision or any combination of the preceding. Subd. 20. Brewer taproom, or brewpub or microdistillery. “Brewer taproom, or brewpub or microdistillery” has the meaning given it in the Crystal city code, section 1200chapter 12. Subd. 21. Building. “Building means any roofed structure used or intended for supporting or sheltering any use or occupancy. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Subd. 22. Building height. “Building height” means the vertical distance of a building measured in feet from average grade around the perimeter of a structure to (see Figure 1): (a) The deck line of a mansard roof; or (b) The highest point of a flat roof; or 9 509575v9 AMB CR225-423 those which are primarily for profit or which render a service that is customarily carried on as a business. Subd. 32. Commercial truck storage or parking. “Commercial truck storage or parking” means a parking lot used for the storage or temporary parking of commercial vehicles in excess of three quarter (3/4) ton capacity. Subd. 33. Commercial storage building. “Commercial storage building” means a detached accessory building that is over 200 square feet in size and used primarily for storage for a commercial business. For the purposes of this UDC, commercial storage buildings are not synonymous with self-storage facilities. Subd. 34. Comprehensive plan. “Comprehensive plan” means the formally adopted comprehensive development plan of the city, composed of maps, charts, diagrams, and text describing the recommended policies and programs to guide the city’s future development and redevelopment. Subd. 35. Control measure. “Control measure” means a practice or combination of practices to control erosion and attendant pollution. Subd. 36. Critical facilities. “Critical facilities” means facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Subd. 37. Curb cut. “Curb cut” has the meaning given it in the Crystal city code, chapter 8 Subd. 38. Day care facilities, Adult. “Day care facilities, Adult” means a facility providing care for the elderly or functionally-impaired adults in a protective setting for a portion of the day. For day care facilities for children, see “Day care facilities, in-home”, Day care, group family facilities” and “Schools, nursery or preschool”. Subd. 39. Day care facilities, in-home. “Day care facilities, in-home” means a day care facility under rules and statutes of the State of Minnesota serving and providing care to 12 or fewer children. Subd. 40. Day care, group family facilities. “Day care, group family facilities” means a facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 and which serves 14 or fewer children. Subd. 41. Deck, detached. “Deck, detached” means a freestanding deck which does not utilize the exterior wall of the principal structure for support. Subd. 42. Detention facility. “Detention facility” means a permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of stormwater. 12 509575v9 AMB CR225-423 Subd. 67. Floor area, gross. “Floor area, gross” means the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. Subd. 68 Floor area, finished. “Floor area, finished” means the gross floor area that is finished as fully habitable space, including the finished portion of a basement. Where a sloped ceiling is present, only that portion which has at least six feet of vertical clearance from floor to ceiling shall be considered finished floor area. Subd. 69 Food trucks. “Food trucks” means a food and beverage establishment that is a vehicle-mounted unit within which food is stored, cooked, prepared, and or offered for direct sale to the consumer. Subd. 70. Frontage. “Frontage” means the line of contact of a property with a public right- of-way. Subd. 71. Funeral home. “Funeral home” means a building used for human funeral services and which may include space for embalming and other services used in the preparation of the dead for burial, the indoor storage of caskets, funeral urns, and other related supplies. Funeral homes do not include facilities for cremation, but cremation services may be offered. Subd. 72. Garage, attached. “Garage, attached” means the storage of motor vehicles by the owner or occupant of the principal use in a garage that is attached to the principal structure by a common wall or by a roof. An attached garage has no facilities for mechanical service or repair. Subd. 73. Garage, detached. “Garage, detached” means an accessory building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair. Subd. 74. Garage or yard sales. “Garage or yard sales” means the infrequent temporary display and sale of general household goods, used clothing, appliances, and other personal property. Subd. 75. Grade. “Grade” means the average finished ground level of the land around the perimeter of a lot, structure, or building. Subd. 76. Half street. “Half street” means a right-of-way dedicated for a street by a developer along such developer’s perimeter property line equal to only one-half of the total right- of-way width required by this UDC. Subd. 77. Home business. “Home business” means a business, profession, activity, or use that is clearly a customary, incidental, and accessory use of a residential dwelling and except for allowable signage does not alter the exterior of the property or affect the residential character of the neighborhood. Subd. 78. Hospital. “Hospital” means an institution licensed by the state providing health care services and medical or surgical care to persons, primarily inpatient, suffering illness, disease, injury, and other physical and mental conditions. Hospitals may include as an integral part of the facility laboratories, outpatient facilities, or training facilities. 13 509575v9 AMB CR225-423 Subd. 79. Hotel, motel, or extended stay. “Hotel, motel, or extended stay” means a facility containing four or more guest rooms and offering transient lodging accommodations on a daily rate to the general public, plus no more than two dwelling units as accessory uses to the hotel and occupied only by the property owners or on-site managers. Subd. 80. Hydric soils. “Hydric soils” means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Subd. 81. Hydrophytic vegetation. “Hydrophytic vegetation” means macrophytic plant life growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Subd. 82. Impervious surface. “Impervious surface” means any surface that does not readily absorb or retain water, including but not limited to buildings, roofs, parking areas and driveways, sidewalks, and pavement. Subd. 83. Industrial uses (indoors). “Industrial uses (indoors)” means a facility used primarily for manufacturing, processing, or assembly of products that is a fully enclosed structure where noise, odor, light, or vibrations are not noticeable from the adjacent properties. Subd. 84. Industrial or commercial uses with outdoor storage of parts, products, or fuel. “Industrial or commercial uses with outdoor storage of parts, products, or fuel” means those: (a) industrial or commercial Uses uses, such as recycling establishments, truck terminals, public works yards, building or landscaping contractor yards, or other commercial businesses that find it necessary to have outdoor/open storage of parts, products, or fuels to support the principal use of the property. This includes commercial truck storage or parking as defined in this UDC, but not those temporary outdoor storage uses which are regulated in the Crystal city code section 515.25. engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials and also uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, truck terminals, public works yards, and container storage. (b) Outdoor/open storage of parts, products, or fuels (exterior storage) means any land used or occupied for the purpose of the storing of the goods and materials used for the principal industrial use. Subd. 85. Infiltration. “Infiltration” means the passage of water into the ground through the soil. Subd. 86. Kennels, commercial. “Kennels, commercial” has the meaning given it in the Crystal city code, section 910chapter 9. Subd. 87. Kennels, private multiple animal. “Kennels, private multiple animal” has the meaning given it in the Crystal city code, section 910chapter 9. Subd. 88. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, 14 509575v9 AMB CR225-423 having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 89. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. Figure 2: Illustration of lot configuration Subd. 90. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 91. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 92. Lot, through. “Lot, through” means a lot abutting on more than one street but not situated at an intersection of streets (see figure 2). Subd. 93. Lot, through corner. “Lot, through corner” means a lot abutting on more than one street and situated at more than one intersection of streets (see figure 2). Subd. 94. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 95. Lot depth. “Lot depth” means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries. Subd. 96. Lot line, front. “Lot line, front” means the boundary of a lot that abuts a public street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the zoning administrator. On a through lot or through corner lot, the lot line for which the home is facing shall be the front lot line (see figure 3). 16 509575v9 AMB CR225-423 Subd. 104. Marquee. “Marquee” means any permanent roof-like structure extending along or projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. Subd. 105. Medical clinics. “Medical clinics” means a building, or part of a building, where persons are cared for on an outpatient basis. Subd. _____Mobile food unit. “Mobile food unit” has the meaning given it from the Crystal city code, chapter 13. Subd. 106. Multiple tenant building. “Multiple tenant building” means any building which has more than one (1) tenant, and where each tenant has a separate ground-level exterior public entrance. Subd. 107. New construction. “New construction” means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of the floodplain overlay district provisions. Subd. 108. Non-commercial speech. “Non-commercial speech” means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Subd. 109. Non-conforming lot. “Non-conforming lot” means a lot of record or other parcel of land that does not comply with the lot requirements for any allowed use in the zoning district in which it is located. Subd. 110. Non-conforming structure. “Non-conforming structure” means any structure permitted prior to the effective date of this UDC, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this UDC. Subd. 111. Non-conforming use. “Non-conforming use” means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established. Subd. 112. Obstruction. “Obstruction” means any, wall, embankment, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 113. Offices, professional. “Offices, professional” means establishments providing executive, management, administrative or professional services including, but not limited to, real estate, medical clinics, architecture, legal, travel, contractor, employment, insurance, and similar uses. Subd. 114. One hundred year floodplain. “One hundred year floodplain” means lands inundated by the “Regional Flood” (see definition). Subd. 115. Owner or property owner. “Owner or property owner” means the owner or taxpayer of record according to Hennepin County property tax records. 17 509575v9 AMB CR225-423 Subd. 116. Parapet wall. “Parapet wall” means that portion of building wall that rises above the roof level. Subd. 117. Parking lots or ramps. “Parking lots or ramps” means land, not within a building, that is surfaced in accordance to the requirements of this UDC and used for the temporary parking of motor vehicles as a business enterprise. Subd. ____. Parking ramp or structure. “Parking ramp or structure” means a structure designed and used for the storage of motor vehicles at, below, or above grade or a combination thereof. Subd. 118. Patio. “Patio” means an open, level-surfaced area that is typically impervious, has an elevation of no more than 12 inches above grade, is without walls or roofs, and is intended for outdoor seating or recreation. Subd. 119. Personal services. “Personal services” means establishments that are primarily engaged in providing services generally involving the care of the person or the person’s possessions. Personal services may include, but are not limited to laundry and dry-cleaning services, tailors, barber or beauty shops, health and fitness studios, nail salons, locksmiths, tattoo parlors, therapeutic massage, pet grooming, portrait studios, and similar uses. Subd. 120. Plat, final. “Plat, final” means the final formally approved layout of the proposed subdivision showing the same information as the preliminary plat, complying with the requirements of this UDC, and any additional requirements imposed by the city council and prepared in the form required by the appropriate county office and Minnesota Statutes, section 505. Subd. 121. Plat, preliminary. “Plat, preliminary” means a tentative layout of the proposed subdivision prepared for the purpose of formal review by the city. The preliminary plat shows lots, blocks, streets, and physical features relevant to the development of the property, but not in the detail or final form of the final plat. Subd. 122. Porch, open. “Porch, open” means a porch that may have has a roof but is not enclosed with windows, screens or walls. An open porch that does not have a roof is defined as a deck. Subd. 123. Portable storage container. “Portable storage container” means a temporary portable structure or container that allows for on-site storage of goods or materials, and which is not permanently affixed to a foundation. Subd. 124. Private recreational facilities, indoor. “Private recreational facilities, indoor” means recreational facilities are private recreational facilities located completely within an enclosed building that includes, but is not limited to bowling alleys, volleyball courts, ice skating rinks, and driving ranges. The term does not include amusement centers. Subd. 125. Private recreational facilities, outdoor. “Private recreational facilities, outdoor” means private recreational facilities providing outdoor activities that includes, but is not limited to, sand volleyball courts, miniature golf courses, batting cages, and tennis courts. 19 509575v9 AMB CR225-423 Subd. 136. Retail establishments. “Retail establishments” means establishments primarily engaged in the sale of goods to the general public. Retail uses may include, but are not limited to, bookstores, liquor stores, bakeries, grocery stores, and other similar uses. Subd. 137. Retention facility. “Retention facility” means a permanent natural or man-made structure that provides for the storage of stormwater runoff by means of a permanent pool of water. Subd. 138. Seasonal agricultural sales. “Seasonal agricultural sales” means the outdoor sale of goods or products obtained primarily through farming or agricultural activities, including, but not limited to: pumpkins; grain and seed crops; fruits and vegetables; nursery, floral, ornamental, and greenhouse products; and Christmas trees. Subd. 139. Schools, elementary or secondary. “Schools, elementary or secondary” means buildings used to teach students that includes elementary schools, middle schools or high schools. Subd. 140. Schools, nursery or preschool. “Schools, nursery or preschool” means a school or facility providing general daytime care and/or instruction for children six years of age or younger which conducts no instructional programs certified by the state department of education as meeting the minimum educational requirements for compulsory-age children. Subd. 141. Schools, trade or business. “Schools, trade or business” means a school operated for profit, which teaches business, professional, or technical trades or skills, or a school not otherwise included within the provisions of this UDC. Subd. 142. Self-storage facilities. “Self-storage facilities” means a building or group of buildings having compartments, rooms, spaces, containers, or other types of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to such privately-rented units. For the purposes of this UDC, the term self-storage facilities shall be considered synonymous with the term mini-storage. Subd. 143. Senior housing. “Senior housing” means a multiple dwelling building or group of buildings in which each dwelling is occupied by at least one person age 55 or older. This includes assisted living but does not include institutions such as specialized care facilities. Subd. 144. Setback. “Setback” means the minimum required horizontal distance between a structure and a lot line, as measured perpendicular to the lot line. Setback standards provide open areas around structures for visibility and traffic safety, access to and around structures, access to natural light, ventilation and direct sunlight, separation between potentially conflicting activities, and space for privacy, landscaping, and recreation. 21 509575v9 AMB CR225-423 (b) Awning sign. “Awning sign” means a building sign or graphic printed on or in some fashion attached directly to the awning material. (c) Balloon sign. “Balloon sign” mean a temporary sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air that is greater than 24 inches in diameter. (d) Building sign. “Building sign” means any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. (e) Canopy sign. “Canopy sign” means any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee sign and is different from service area canopy signs. (f) Changeable sign. “Changeable sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable signs do not include signs upon which characters, letters, or illustrations change or rearrange only once in a 24-hour period. (g) Electronic or electrically-controlled readerboard. “Electronic or electrically-controlled readerboard sign” means a sign, or section thereof, which has a constant light illumination level on which and messages may which are changed by electronic processes or remote control. and the only movement of which is the periodic changing of information against a solid, colorless background, having a constant light illumination level. (h) Electric sign. “Electric sign” means a sign containing electrical wiring; the term does not include signs illuminated by an exterior light source. (i) Flashing sign. “Flashing sign” means a directly or indirectly illuminated sign which exhibits changing light or color effects by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. (j) Freestanding sign. “Freestanding sign” means any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. For the purposes of this UDC, a monument sign is not a freestanding sign. (k) Governmental sign. “Governmental sign” means any temporary or permanent sign erected and maintained by the City, County, State, or federal government, or a public utility. (l) Illuminated sign. “Illuminated sign” means any sign which contains an element designed to emanate artificial light internally or externally. (m) Marquee sign. “Marquee sign” means any building sign painted, mounted, constructed or attached in any manner, on a marquee. 22 509575v9 AMB CR225-423 (n) Monument sign. “Monument sign” means any sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. (o) Nonconforming sign. “Nonconforming sign” means any sign and its support structure lawfully erected prior to the effective date of this UDC which fails to conform to the requirements of this UDC. A sign which was erected in accordance with a variance granted prior to the adoption of this UDC and which does not comply with this UDC shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. (p) Off-premise sign. “Off-premise sign” means a commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not located on the same premises where such business sign is located. For the purposes of this UDC, : (a) A freestanding, monument, or pylon sign shared by adjacent properties shall not be considered an off-premise sign. (b) easements Easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. (c) On-premise sign. “On-premise sign” means a sign that pertains to the use of the premises or the property on which it is located (d) Pole sign. “Pole sign” means a sign which has the same meaning as pylon sign (see definition). (e) Portable sign. “Portable sign” means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. (f) Projecting sign. “Projecting sign” means any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 15 inches beyond the surface of such building or wall face. A projecting sign is also a sign located above or below a canopy or marquee. (g) Pylon sign. “Pylon sign” means any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. (h) Roof sign. “Roof sign” means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (i) Rotating sign. “Rotating sign” means a sign or portion of a sign which turns about on an axis. 23 509575v9 AMB CR225-423 (j) Sandwich board sign. “Sandwich board sign” means a moveable sign not attached to the ground and constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top, each angular face held at an appropriate distance by a supporting member. (k) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (l) Small sign. “Small sign” means a single sign six square feet or less in size. (m) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (n) Vehicle sign. “Vehicle sign” means any sign exceeding 10 square feet in sign area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right-of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors: a) the absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; b) the vehicle on which the sign is displayed is inoperable; c) the vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot; d) the vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or e) the vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis. (o) Wall sign. “Wall sign” means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. A wall sign is also a sign installed on the face of a canopy or marquee, but not extending beyond the face. Subd. 153. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. Subd. 154. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 155. Specialized care facilities. “Specialized care facilities” means any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for treatment and in-patient care, such as nursing homes, assisted living facilities, memory care facilities, and hospices. This does not include senior housing or the residence of any individual who cares for another family member. Subd. 156. Start of construction. “Start of construction” means in relation to the floodplain overlay district, start of construction includes substantial improvement, and means the actual start 38 509575v9 AMB CR225-423 510.13. Specific development review procedure requirements. Each type of development review request under this UDC requires an application and is subject to its own review procedure as referenced below: (a) Zoning certificate. A request for a zoning certificate shall be submitted and processed in accordance with the Crystal city code, subsection 510.15; (b) Site plan review. A request for a site plan review shall be submitted and processed in accordance with the Crystal city code, subsection 510.17; (c) Conditional use permit. A request for a conditional use permit shall be submitted and processed in accordance with the Crystal city code, subsection 510.19; (d) Adjacent parcel conveyance. A request for an adjacent parcel conveyance shall be submitted and processed in accordance with the Crystal city code, subsection 510.21; (e) Lot consolidation. A request for a lot consolidation shall be submitted and processed in accordance with the Crystal city code, subsection 510.23; (f) Subdivision. A request for a subdivision shall be submitted and processed in accordance with the Crystal city code, subsection 510.25; (g) Comprehensive plan amendment. A request for a comprehensive plan amendment shall be submitted and processed in accordance with the Crystal city code, subsection 510.27; (h) Rezoning or text amendment. A request for a rezoning or text amendment shall be submitted and processed in accordance with the Crystal city code, subsection 510.29; (i) Rezoning to planned development overlay district. A request for a rezoning to planned development overlay district shall be submitted and processed in accordance with the Crystal city code, subsection 510.31; (j) Variance. A request for a variance shall be submitted and processed in accordance with the Crystal city code, subsection 510.33; (k) Appeal. A request for an appeal shall be submitted and processed in accordance with the Crystal city code, subsection 510.35; 510.15. Zoning certificate. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re- constructed, enlarged, or structurally altered, nor shall any land be used, excavated, or improved until a zoning certificate is issued. Subd. 2. Approval procedure. The zoning certificate application shall be submitted to the zoning administrator in accordance with the application guidelines of this UDC and is subject to a Type 1 review procedure. Although any land use or construction shall be in compliance to the requirements of this UDC, The the following application types involve a more detailed zoning review and are subject to approval of a zoning certificate. review: 39 509575v9 AMB CR225-423 (a) Accessory uses regulated as provided in the Crystal city code, subsection 515.21 and noted as requiring a zoning certificate approval in Table 4; (b) Temporary uses regulated as provided in the Crystal city code, subsection 515.25 and noted as requiring a zoning certificate approval in Table 5. If the temporary use does not change from year to year as determined by the zoning administrator, zoning certificate approval is only required when the use is first proposed. However the applicant may be required to submit additional information for the use, such as dates of operation; and (c) Changes of use within an existing structure where the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the official zoning map and where no expansion of the building is included in the application; (d) New one-family and two-family dwellings or additions and modifications of such uses; and (e)(c) Site plans that meet the requirements of the Crystal city code, subsection 510.17, subdivision 2 for a Type 1 review. Subd. 3. Approval criteria. The application shall demonstrate full compliance with the applicable requirements of this UDC. Subd. 4. Effect of zoning certificate approval. (1) The zoning certificate must be issued prior to or concurrent with the city’s issuance of a building permit. (2) If landscaping is required as part of the zoning certificate approval, and the applicant is not able to install the landscaping prior to or concurrent with the issuance of the certificate of occupancy, the applicant shall submit a cash escrow to secure the completion of the landscaping. Subd. 5. Expiration. (1) A zoning certificate shall become void after one year from the date of issuance if a building permit has not been issued. (2) The zoning administrator may approve one extension of not more than one year. 510.17. Site plan review. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re- constructed, enlarged, or structurally altered, nor shall any land be used, excavated or improved until a site plan is approved. Subd. 2. Approval procedure. A site plan review application shall be submitted to the zoning administrator in accordance with the application criteria of this UDC. If an applicant is submitting a conditional use permit application as provided in the Crystal city code, subsection 40 509575v9 AMB CR225-423 510.19, the conditional use permit and site plan review application shall be reviewed concurrently without the need for an additional application fee. (a) Site plans for the following construction requires approval of a zoning certificate review subject to a Type 1 review procedure as established in this UDC: (1) Expansion of an existing parking lot footprint of less than 25 percent; (2)(1) Additions to multiple-family dwellings or nonresidential buildings of less than 50 percent of the building footprint. (2) Industrial or commercial uses with outdoor storage of parts, products, or fuels. (3) Telecommunication towers in the industrial district. (b) Site plans for the following construction requires approval through a Type 2 review procedure as established in this UDC: (1) New multiple-family dwellings, or additions thereto, of three units or more; (2) New nonresidential structures; (3) Additions to multiple-family dwellings or nonresidential structures of greater than 50 % percent of the building footprint; and (4) Expansion of an existing parking lot footprint by more than 25 percent; and (5)(4) New parking ramps or structures. (c) Approval criteria. No site plan review application shall be approved unless it meets the following criteria: (1) It fully complies with all applicable requirements of this UDC; (2) It adequately protects residential uses from the potential adverse effects of a non- residential use; (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. 56 509575v9 AMB CR225-423 high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. (2) Flood fringe district. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map as adopted by reference in the Crystal city code, subsection 515.03, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, section 103G.005, subdivision 14. (3) General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map as adopted by reference in the Crystal city code, subsection 515.03. (b) Applicability. Within the Flood Districts established in this subsection, the use, size, type and location of development must comply with the terms of this subsection and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses as provided in the Crystal city code, section 515 are prohibited. In addition, critical facilities, as defined in the Crystal city code, section 505, subdivision 36 are prohibited in all Flood Districts. Subd. 5. Floodway district (FW). (a) Permitted uses. The following uses, subject to the standards set forth herein, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, parking areas, and airport landing strips. (3) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. (b) Standards for floodway permitted uses. 61 509575v9 AMB CR225-423 (d) Standards for flood fringe conditional uses. The standards listed in Subdivision 6(b) (4) through 6(b)(10) apply to all conditional uses. (1) Basements, as defined by the Crystal city code, section 505, subdivision 17, are subject to the following: (i) Residential basement construction is not allowed below the regulatory flood protection elevation. (ii) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subdivision 6(d)(2) of this subsection. (2) All areas of nonresidential buildings, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the building watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (3) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a building to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (i) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (ii) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. (iii) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (4) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. Subd. 7. General floodplain district (GF). (a) Permitted uses. (1) The uses listed in Subdivision 5(a) of this subsection, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subdivision 7(b) below. Subdivision 5 applies if the proposed use is determined 69 509575v9 AMB CR225-423 (a) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this subsection but which is not in conformity with the provisions of this subsection may be continued subject to the following conditions, except that historic structures, as defined in the Crystal city code, subsection, 505.05, subdivision 163. (1) No expansion. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subdivision 14(a)(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) Additions. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subdivision 14(a)(3) and Subdivision 14(a)(7) below. (3) Substantial improvements. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subdivision 5 and 6 of this subsection for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. (4) Discontinuance. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subsection. If the county assessor becomes aware of nonconformities that have been discontinued for a period of more than one year, they will let the city know of these instances in writing. (5) Substantial damage. If any nonconformity is substantially damaged, as defined in the Crystal city code, subsection 505.03, subdivision 162, it may not be reconstructed except in conformity with the provisions of this subsection. The applicable provisions for establishing new uses or new structures in Subdivisions 5 or 6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) Repetitive loss. If any nonconforming use or structure experiences a repetitive loss, as defined in the Crystal city code, subsection 505.03 subdivision 133, it must not be reconstructed except in conformity with the provisions of this subsection. (7) Substantial improvement. Any substantial improvement, as defined in the Crystal city code, subsection 505.03, subdivision 163, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of 71 509575v9 AMB CR225-423 Subd. 2. Uses. Within the PD district all permitted, uses and accessory and temporary uses of the underlying zoning district are allowed. As part of the flexibility allowed in the PD district, the city council may, but is not obligated to, allow uses with the PD site that are only allowed in other zoning districts. Uses allowed by conditional use permit must be reviewed for compliance with the PD site plan and with the applicable conditional use permit standards in this UDC. Subd. 3. Development standards. Within the PD district all development must be in compliance with the following: (a) Each PD must have a minimum area of two acres, excluding areas within a public right- of-way, designated wetland or floodplain overlay district, unless the applicant can demonstrate the existence of one or more of the following: i) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PD will conserve a physical or topographic feature of importance to the neighborhood or community. ii) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PD and will be perceived as and will function as an extension of that previously approved development. iii) The property is located in a transitional area between different land use categories or it is located on an arterial street as defined in the comprehensive plan. (b) If a particular PD would provide an extraordinary benefit to the community, or if a PD site has extraordinary characteristics that make development difficult, the city council may approve a density of up to 10% more than the maximum identified in the comprehensive plan. (c) A PD site may have more than one principal building or multiple land uses in accordance with subdivision 2 of this subsection. (d) A residential PD or residential area of a mixed use PD must provide a minimum of 10% of the gross project area in private recreational uses for project residents. Such area must be developed and used for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. This requirement may be waived if the city council finds that adequate recreational opportunities are available sufficiently near the PD to make this requirement duplicative, or if the PD is too small for this requirement to be feasible. (e) The development standards as provided in the Crystal city code, section 520 and the signage requirements as provided in the Crystal city code, section 530, apply to a PD as deemed appropriate by the city. Subd. 4. Amendments to the PD overlay district. An approved site plan for a PD overlay district may only be amended upon the classification and review of the proposed amendment as provided in this subsection. (a) Minor Amendments. 74 509575v9 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 C I AP Dwelling, One-Family, Attached - P P - - - 515.19, subdivision 2 (c) Dwelling, One-Family, Detached P P - - - - 515.19, subdivision 2 (d) Dwellings, Two-Family P P P - - - Group Living Use Category Specialized Care Facilities C C P P - - 515.19, subdivision 3 (a) State Licensed Residential Facility P P P - - - Commercial Use Category Airport Facilities - - - - - P 515.19, subdivision 4 (a) Amusement Centers - - - P - - 1180 Animal Hospital/Veterinary Clinics [1] - - - P P - 515.19, subdivision 4 (b) Banks or Financial Institutions - - - P - - Banquet Halls or Event Centers - - - C C - Brewer Taprooms, or Brewpubs, or Microdistillery - - - P P - 1200 Clubs or Lodges - - - P P - Commercial Truck Storage or Parking - - - P P - 515.19, subdivision 4 (c) Convenience Stores - - - P - - Day Care Facilities, Adult C C C P P - 515.19, subdivision 4 (d) Day Care Facilities, Group Family P P P - - - Funeral Homes - - - P - - Greenhouses, Garden and Landscaping Sales and Service - - - P P - Hotel, Motel, Extended Stay Establishments - - - P P - 515.19, subdivision 4 (e) Kennels, Commercial [1] - - - P P - 515.19, subdivision 4 (f) 75 509575v9 AMB CR225-423 Table 3: Permitted Principal Uses Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Use-Specific Standards in Section: R-1 R-2 R-3 C I AP Offices, Professional - C C P P P 515.19, subdivision 4 (g) Parking Ramps or LotsStructures - - - P P P 520.15 515.19, subdivision (h). _____ Personal Services [2] - C C P P Restaurants or Eating Establishments [3] - C C P P - 515.19, subdivision 4 (hi) Retail Establishments [4] - C C P P - 515.19, subdivision 4 (ij) Theater, Indoor - - - P - - Vehicle Repair - - - C P - 515.19, subdivision 4 (jk) Vehicle, Boat or Recreational Sales or Rental - - - P P - 515.19, subdivision 4 (kl) Vehicle Fuel Sales - - - P - - 515.19, subdivision 4 (lm) Vehicle Wash or Detailing - - - P P - 515.19, subdivision 4 (mn) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - P - Bulk Storage of Liquids - - - P P P 515.19, subdivision 5 (a) Industrial Uses (Indoors) - - - P P - Industrial or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - C P P - 515.19, subdivision 5 (b) Self Storage Facilities - - - P P - Warehouse - - - P P P Vehicle Impound Lot - - - - C - 515.19, subdivision 5 (bc) Public Facilities, Telecommunication and Utilities Use Category Essential Services P P P P P P Public utility buildings C C C C C P 515.19, subdivision 6 (a) Telecommunications Towers C C C C P P 515.19, subdivision 6 (b) Wireless support structures C P P P P P 515.19, subdivision 6 (c) Public, Institutional and Recreational Use Category Cemeteries C C C - - - 78 509575v9 AMB CR225-423 (2) Buildings and uses shall be subordinate to the operation of the Crystal Airport; and (3) Buildings or structures shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Crystal Airport and runway protection zones. (b) Animal hospitals/veterinary clinics. Outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: (1) Such use shall be incidental to the animal hospital use and used for the short-term boarding of animals; and (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (c) Commercial truck storage or parking. Commercial truck storage or parking is subject to the following standards: (1) The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specifically approved area, and meets the requirements of the Crystal city code, subsection 520.15, subdivisions 15 through 18 for parking lot design; and (2) The storage or parking area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2,000 square feet, whichever is less. (d)(c) Day care facilities, Adult. Picking up and dropping off of clients shall not create unsafe conditions. Loading and unloading of clients from vehicles shall only be allowed in the driveway or in an approved parking area. (e)(d) Hotels, motels, or extended stay establishments. The property abuts at least one of the following street segments: (1) Lakeland Avenue between the Canadian Pacific Railroad and 58th Avenue North; or (2) West Broadway between Corvallis Avenue and 56th Avenue North. (f)(e) Kennels, commercial. Outdoor facilities, such as dog kennels or runs, are allowed with a conditional use permit and are subject to the following standards: (1) Such use shall be for the short-term boarding of animals; (2) The applicant has demonstrated that the outdoor facility will not negatively impact neighboring properties through the use of screening or buffering. (g)(f) Offices, professional. Professional offices are subject to the following standard: (1) Within the Industrial district, professional offices are limited to 50% of the gross floor area of the principal use. 79 509575v9 AMB CR225-423 (h)(g) Parking ramps or structures. Parking ramps or structures are subject to the following standards: (1) Structure entrances shall minimize conflict with pedestrian movement. (2) The appearance of the structure entrances shall be minimized so that they do not dominate the street frontage of the building. Possible techniques to achieve this design include recessing the entry, extending portions of the building over the entry, using screening and landscaping to soften the appearance of the entry, using the smallest curb cut and driveway possible, and subordinating the parking entrance (compared to the pedestrian entrance) in terms of size, prominence, location and design emphasis. (i)(h) Restaurants or eating establishments. On-sale liquor, wine or beer is allowed, but shall occupy no more than 30% of the total floor area of the establishment. This limit may be exceeded with a conditional use permit provided that: (1) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (j)(i) Retail establishments. Retail establishments are subject to the following standards: (1) Repair is allowed for a retail establishment, but a conditional use permit is required if the repair is done outdoors. The applicant shall demonstrate that such outdoor repair will not negatively impact neighboring properties. (2) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. (k)(j) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least 1 of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (l)(k) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; 80 509575v9 AMB CR225-423 (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii)Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; (2) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk vehicles; and (3) No vehicle or equipment shall exceed 32 feet in length. (m)(l) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards: (1) The property abuts at least 1 of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (n)(m) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii)West Broadway between Corvallis Avenue and 56th Avenue North; (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; and 81 509575v9 AMB CR225-423 (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. Subd. 5. Industrial, manufacturing, research and wholesale use category. (a) Bulk storage of liquids. If the storage is within 300 feet of p roperties used for residential purposes, such storage shall not exceed 25,000 gallons. (b) Industrial or commercial uses with outdoor storage of parts, products, or fuels. Industrial uses with outdoor storage of parts, products or fuels are subject to the following standards: (1) The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the relevant requirements as provided in the Crystal city code section 520.15 for hard surface design; and (2) The storage or parking area does not exceed the following size requirements: i. In the commercial district, 30% 50% of the gross floor area of the principal use building, 20%25% of the area of the property, or 2,000 5,000 square feet, whichever is less. ii. In the industrial district, 100% of the gross floor area of the principal building, 50% of the area of the property, or 10,000 square feet, whichever is less. (3) The storage or parking area is prohibited in the front or corner side yard. (4) The storage or parking area is subject to the screening requirements of the Crystal city code section 520.13. (5) The applicant shall receive zoning certificate approval for the storage or parking area. (c) Vehicle impound lot. Vehicle impound lots are subject to the following standards: (1) The use does not include non-impound purposes, such as seasonal storage; (2) The impound lot is located on a property that abuts the right of way of an active freight railroad; (3) The impound lot is located on a property that does not abut the right-of-way of any collector or arterial street or any frontage road adjacent to a collector or arterial street; (4) The impound lot is located on a property that does not abut any property used for residential purposes; (5) The portion of the property occupied by the impound lot does not exceed one acre; and 83 509575v9 AMB CR225-423 (vii) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. (3) Development of towers. (i) Permitted use at certain locations in the I district. A tower is a permitted use in the I district, with approval of a zoning certificate, provided that the site also meets one of the following additional location criteria: (A) It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue, 32nd Avenue or Nevada Avenue; or (B) It is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (ii) Conditional use at certain locations in the C district. A tower is a conditional use in the C general commercial district, provided that the site is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. (iii) Towers prohibited elsewhere; relief provision. Towers are prohibited in the city except as expressly authorized herein. Notwithstanding this prohibition, the city council may approve a tower as a conditional use in any other zoning district which reasonably addresses an identified significant gap subject to the following requirements: (A) The provider has submitted the information required by this subsection. (B) The city council makes a finding that the provider has demonstrated by clear and convincing evidence that there is a significant gap in the provider’s service, and: (I) There is no co-location option that would reasonably address the demonstrated significant gap in the provider’s service; or (II) There is no other alternative tower site that would reasonably address the demonstrated significant gap in the provider’s service. (III) (C) In approving a tower on the site which reasonably addresses the identified significant gap, the city council shall consider the purposes of tower regulation stated in this subsection and the requirements of the Act. (4) An application to develop a tower shall include: (i) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. (ii) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co-locate the applicant's telecommunications 93 509575v9 AMB CR225-423 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C I AP Accessory Uses Assembly or gathering space - - - P P - YesNo 515.23, subdivision 2 (a) Commercial truck storage or parking - - - P P - Yes 515.23, subdivision 2 (b) Day Care Facilities, In home P P P - - - No Drive-through facilities - - - C - - Not Applicable 515.23, subdivision 2 (c) Home Businesses P P P - - - No 515.23, subdivision 2 (d) Keeping of Chickens P P - - - - No 910 Kennels, Commercial [1] P - - - - - No 515.23, subdivision 2 (e) Kennels, PrivateMultiple Animal P P P - - - No 515.23, subdivision 2 (f) Accessory Structures Accessibility ramps P P P P P P No 515.23, subdivision 3 (a) Accessory dwelling units P P - - - - Yes 515.23, subdivision 3(ab) Amateur radio towers P P P - - P YesNo 515.23, subdivision 3(bc) Carports P P - - - - YesNo 515.23, subdivision 3(ed) Clothesline poles P P - - - - No 515.23, subdivision 3(c) Commercial storage buildings - - - C P P See Note [41] 515.23, subdivision 3(d) Fences and walls P P P P P P See Note [5] No 520.09 Flagpoles P P P P P P No Fuel pumps, private use [2] - - - P P P No 515.23, subd. 3 (e) Garages, attached or detached P P P P P P YesNo 515.23, subdivision 3(ef) Gazebos P P P - - - YesNo 515.23, subdivision 3(fg) Noncommercial greenhouses P P - - - - See Note [6] No 515.23, subdivision 3(gh) Off-street parking and loading [32] P P P P P P Yes 520.15 Patios, decks, and porches P P P P - - YesNo 515.23, subdivision 3 (i) Sheds P P P P P P See Note [6] No 515.23, subdivision 3(hj) 94 509575v9 AMB CR225-423 515.23. Use-specific Standards standards for specific accessory uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses or structures that are permitted or conditionally permitted in Table 4. Sidewalks P P P P P P No 515.23, subdivision 3(ik) Signs, Permanent P P P P P P Not Applicable 530 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C I AP Solar energy systems P P P P P P YesNo 515.23, subdivision 3(j) Swimming pools, hot tubs, and spas P P P P - - YesNo 515.23, subdivision 3(k) Television and radio antennae P P P P P P YesNo 515.23, subdivision 3(l) Tennis and other recreational courts P P P - - - No 515.23, subdivision 3(m) Treehouses P P - - - - No 515.23, subdivision 3(n) Workshops P P - - - - No See Note [6] 515.23, subdivision 3(o) Notes: 1. A zoning certificate is only required for commercial storage buildings in the Industrial and Airport zoning districts. In the R-1 district, commercial kennels are only allowed at one-family dwellings, and this use is limited to raising, selling, boarding, breeding, or grooming of dogs or other animals. 2. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment, and does not allow them to be used by the general public. For the purposes of this UDC, private fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table 3. 32. Parking lots are not allowed for one or two family dwellings. Loading spaces are not allowed in residential districts. 4. A zoning certificate is required for this structure in the Industrial and Airport zoning districts. 5. A zoning certificate is only required for retaining walls over 4 feet in height. 6. A zoning certificate is only required for buildings in excess of 200 square feet in size. 95 509575v9 AMB CR225-423 (b) The land uses and structures covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Accessory uses. (a) Assembly or gathering space. Adequate parking shall be provided for both the assembly or gathering space and the principal use on the property. (b) Commercial truck storage or parking. Commercial truck storage or parking is subject to the following standards: (1) The storage or parking area is hard-surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the relevant requirements as provided in the Crystal city code, subsection 520.15 for hard surface design; and (2) The storage or parking area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2,000 square feet, whichever is less. (c) Drive-through facilities. Drive-through facilities are subject to the following standards: (1) The establishment is served by arterial, collector, or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. The city council may require the applicant to provide a traffic study prepared by a professional engineer for the proposed use, and may base its findings of fact on said study or other information related to potential traffic impacts on the street system and adjacent land uses; (2) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential dwelling unit, and shall not be audible at levels greater than those established as provided in the Crystal city code, section 625chapter 6; (3) All drive-through elements including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way; and (4) A fence or vegetative screen of six feet in height shall be installed and maintained along any property line abutting a property used for residential purposes. Such screen shall also lessen the negative impact of vehicle headlights on adjacent properties. (d) Home businesses. Home businesses are subject to the following standards: (1) No home business shall be permitted which results in or generates more traffic than two customer cars at any one given point in time; Formatted: Normal, Indent: Left: 0.5", Space After: 0 pt, No bullets or numbering, Tab stops: 0.75", Left + Not at 1" 96 509575v9 AMB CR225-423 (2) The home business may employ up to two employees who do not reside on the premises; (3) Home businesses shall not create nuisances as provided in the Crystal city code, section 625 or 2010 chapters 6 and 20. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use; (4) Home businesses shall not operate between 10:00 p.m. and 6:00 a.m.; (5) A home business may be located within the dwelling, an accessory building, or both, provided that the total area of the home business is not greater than 50% of the finished floor area of the dwelling; (6) Such home business shall not require internal or external alterations or involve construction features not customarily found in dwellings; (7) There shall be no exterior storage or display of equipment, goods or materials used in the home business; and (8) One sign, as allowed in Table 14, not to exceed six square feet in area, may be placed on the premises. The sign may identify the home business, resident name, address, website, and email address or phone number, but may contain no other information. The sign may not be illuminated and must be set back a minimum of ten feet from a property line abutting a public street. If the sign is freestanding, the total height may not exceed five feet. (e) Kennels, commercial. Commercial kennels are subject to the following standards: (1) In the R-1 zoning district, commercial kennels shall only be allowed at one-family dwellings, and the use of the commercial kennel is limited to raising, selling, boarding, breeding, and grooming of dogs or other animals; and (2) Commercial kennels shall adhere to the requirements for home businesses in this subsection. (f) Kennels, private multiple animal. If a private multiple animal kennel is operated as a home business, it shall adhere to the requirements for home businesses in this subsection. Subd. 3. Accessory structures. (a) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) The following requirements are for all forms of accessory dwelling units (within or attached to the principal dwelling, or in a detached accessory building): 97 509575v9 AMB CR225-423 (i) No more than one accessory dwelling unit shall be allowed on a property containing a one-family detached dwelling; (ii) The creation of the accessory dwelling unit shall not create a separate property identification number with the county; (iii) The floor area of an accessory dwelling unit shall not exceed 50 percent of the finished floor area of the one-family detached dwelling. Notwithstanding this limitation, an accessory dwelling unit located in the basement may occupy the entire basement. (iv) The accessory dwelling unit may be rented if it complies with the requirements of the Crystal city code, section 425. (v) The accessory dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The accessory dwelling unit shall adhere to the curb cut and driveway requirements for one-family attached dwellings in the Crystal city code, chapter 8, and the driveway requirements in the Crystal city code section 520.15. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) For construction of a new detached building, The the accessory dwelling unit shall be separated from the principal building by a minimum of ten feet; (ii) The accessory dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; and (iii) The accessory dwelling unit shall be located on a frost-protected foundation. (b) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually unobtrusive material. (c) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (d) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; 98 509575v9 AMB CR225-423 (4) Occupancy and use of the storage building is directly related to a permitted or conditionally approved principal use and the same party has full control and use of both the storage building and the principal use; (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (e) Fuel pumps, private use. Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and equipment and does not allow them to be used by the general public. For the purposes of this UDC, private fuel pumps do not include those fuel pumps in use by a vehicle fuel sales business as allowed in Table 3. (e) Garages and carports, detached. Detached garages and carports are subject to the following standards: (1) For one and two family dwellings, the cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; (2) For multiple family dwellings, detached garages shall be designed to meet the minimum number of required parking spaces and required setbacks. To the extent practicable, garages shall be located to the side or rear of the building; and (3) Garages shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (f) Gazebos. Gazebos are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Gazebos shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (g) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: (1) Shall be located in the rear yard; (2) Shall be limited to one per property; and 99 509575v9 AMB CR225-423 (3) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building. (o)(n) Sheds. Sheds are subject to the following standards: (1) The cumulative area of all detached accessory buildings on the property shall not exceed the finished floor area of the residential portion of the principal building; and (2) Sheds shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. (p)(o) Sidewalks. Sidewalks are subject to the following standards: (1) Sidewalks on private property for one and two family dwellings shall be no more than four feet in width; and (2) Sidewalks open for use by the general public, such as for multiple family dwellings, institutional, or commercial uses, shall comply with the width requirements of the Americans with Disabilities Act and with the requirements in the Crystal city code, chapter 8. (q)(p) Solar energy systems. Solar energy systems are subject to the following standards: (1) Visibility. (i) Building-mounted solar energy systems shall be designed to be flush- mounted with the roof when facing a public right-of-ways other than an alley; (ii) Building-integrated photovoltaic systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback or other standards for the district in which the building is located; (2) Feeder lines. Any electric lines accompanying a solar energy system, other than those attached to on- site structures by leads, shall be buried within the subject parcel; and (3) Abandonment. A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and shall constitute a public nuisance that may be removed by the City and the costs thereof certified as a special assessment against the owner of the property on which the abandoned solar energy system was located. (r)(q) Swimming pools, hot tubs and spas. Swimming pools, hot tubs and spas are subject to the following standards: 100 509575v9 AMB CR225-423 (1) In the commercial zoning district, swimming pools, hot tubs, and spas are limited to use at health clubs and hotels, motels, and extended stay establishments and health clubs. (s)(r) Television and radio antennae. Television and radio antenna are subject to the following standards: (1) Satellite dishes may not exceed 40 inches in diameter. (t)(s) Tennis and other recreational courts. Noncommercial outdoor tennis and other recreational courts are subject to the following standards: (1) Court fencing shall comply with the requirements as provided in the Crystal city code, subsection 520.09; and (2) Court lighting shall not exceed a height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court. (u)(t) Treehouses. Treehouses shall be attached exclusively to trees and used solely for recreational purposes, shall not exceed 120 square feet in size, shall not be located less than ten feet from the front lot line, and shall consist only of earth-tone materials or colors. (v)(u) Workshops. Workshops are subject to the following standards: (1) The footprint for an accessory structure intended as a workshop for artwork, crafts, light hand manufacturing, or hobbies shall not occupy an area larger than 25 percent of the finished floor area of the dwelling. If a workshop is combined with a detached garage or shed, it shall conform to the size and setback limitations for those uses; (2) Workshops shall not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials; and (3) If a workshop is operated as a home business, it shall adhere to the requirements for home businesses in this section. 515.25. Permitted temporary uses and structures. Subd. 1. Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or activities are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure. The regulations of this section are not applicable to special events that are otherwise subject to leases, permits, or other forms of permission that are duly established between the special event organization and the City. Subd. 2. General provisions. Table 5 lists the temporary uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district. 102 509575v9 AMB CR225-423 Table 5: Permitted Temporary Uses and Structures Use Category and Use Type P = Permitted Use - = Not Permitted Base Zoning Districts Allowable Duration (per site) Permit Required Use-Specific Standards in Section: R-1 R-2 R-3 C I AP Construction Dumpster P P P P P P No more than three consecutive months in any 12- month period See city code section 605 515.27, subdivision 2; 605 Garage/Yard Sales P P P - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [21] P P P P P P 180 270 days per site per calendar year Zoning Certificate (Type 1 Review) [2] 515.27, subdivision 4 Outdoor sales [21] - - - P P - 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P P P 60 days per site per calendar year No [1] 515.27, subdivision 6 Signs, Temporary P P P P P P See section 530 Sign Permit 530 Notes: 21. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments may be permitted as a permanent use with a conditional use permit. 2. A zoning certificate is not required for a mobile food unit. 1. An obstruction permit is required if the dumpster or portable storage container is located in the public right-of-way. 103 509575v9 AMB CR225-423 515.27. Use-specific Standards standards for specific temporary uses and structures. Subd. 1. Purpose and applicability. (a) This section provides site planning and/or operating standards for certain land uses that are permitted in Table 5. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Construction dumpsters. (a) If the dumpster is located in the public right-of-way, the dumpster shall comply with the requirements of the Crystal city code, chapter 8. (b) If the dumpster is located on private property, the dumpster shall be located to the side or rear of the site, but away from principal buildings on adjacent properties, to the extent practicable. Subd. 3. Garage or yard sales. Garage or yard sales are subject to the following standards: (a) Hours of operation for the garage or yard sale are limited to between 8:00 a.m. and 9:00 p.m.; and (b) Garage or yard sale signs identifying the location and times of a sale may be placed on the property at which the sale is to be conducted or on the property of others with their consent. Such signs shall not exceed 4 square feet in area per side; shall not be placed on or attached to any public property or utility pole; shall not be placed within the sight triangle as required in the Crystal city code, chapter 8; and must be removed within 24 hours of the time stated on such sign for the conclusion of the sale. Subd. 4. Outdoor dining. Outdoor dining is subject to the standards contained in this subdivision: (a) Food trucksMobile food units. Food trucksMobile food units are subject to the following standardsrequirements in the Crystal city code, chapter 13. (1) Location. Food trucks may operate on commercial or industrially zoned property. In residential districts, food trucks may operate in public parks, school or religious institution sites, or in conjunction with a special event; (2) Hours of operation. Hours of operation for a food truck are limited to between 6 a.m. and 10:00 p.m.; (3) Parking. (i) Trucks shall be parked on a hard surface and may not be parked in the public right-of-way unless an obstruction permit has been issued by the city. 104 509575v9 AMB CR225-423 (ii) The applicant shall demonstrate that adequate off-street parking is provided for patrons. If applicable, consideration shall be given to the parking needs of other occupants on the same property. (iii) The food truck may not reduce available off-street parking on a property below the minimum required by this UDC; (4) Consent. The applicant for a food truck must provide written consent from the property owner; and (5) Audible electronic devices. Audible electronic devices, such as loudspeakers, are not allowed. (b) Outdoor seating for cafes or restaurants. Outdoor seating for cafes and restaurants is subject to the following standards: (1) An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site provided that the outdoor eating area shall comply with the parking requirements in Table 11 of the Crystal city code, subsection 520.15 (2) Outdoor dining areas shall be designated on a site plan submitted for the zoning certificate application; (3) If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a sidewalk or other facility that is closed to vehicular traffic, no railing or fencing shall be required; (4) Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard; and (5) Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district. Subd. 5. Outdoor sales. Outdoor sales is subject to the standards contained in this subdivision: (a) Retail establishments. Retail establishments are subject to the following standards: (1) The service, sale, display or rental area is hard surfaced and clearly designated on the site as being limited to the specific, approved area; and (2) The sales area does not exceed 40% of the gross floor area of the principal use excluding basement storage areas, 20% of the area of the property, or 6,000 square feet, whichever is less. 115 509575v9 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial Industrial AP Permitted Residential Density Permitted Residential Density No more than 6 units per acre (gross) 6 to 16 units per acre (gross) 16 to 40 units per acre (gross) Not Applicable Not Applicable Not Applicable Minimum Building Setbacks [1] Front 30 feet 30 feet 30 feet 30 feet 30 feet 200’ from residential use Side 5 feet 15 feet 15 feet 10 feet 10 feet 200’ from residential use Rear 30 feet 30 feet 30 feet 10 feet 10 feet 200’ from residential use Corner Side 10 feet [2] 30 feet 30 feet 30 feet 30 feet 200’ from residential use Number of Principal Buildings Maximum number of principal buildings per property One One One One One Not Applicable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 12,000 SF 12,000 SF 12,000 SF Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3,000 per dwelling, but in no event less than 10,000 SF 1,200 per dwelling, but in no event less than 20,000 SF Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 20,000 SF 20,000 SF Not Applicable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 120 feet 120 feet Not Applicable Minimum Lot Width 116 509575v9 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial Industrial AP One-family Detached Dwelling 50 feet 50 feet Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 80 feet 80 feet Not Applicable Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 100 feet 100 feet 100 feet 100 feet 100 feet Not Applicable Maximum Building Height One-family Detached Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Not Applicable Two-Family Dwelling 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less 2 stories or 32 feet, whichever is less Not Applicable Not Applicable Not Applicable Other Residential Uses Not Applicable 3 stories or 40 feet, whichever is less 5 stories or 60 feet, whichever is less Not Applicable Not Applicable Not Applicable Non-Residential Uses [3] 2 stories or 32 feet, whichever is less 3 stories or 40 feet, whichever is less [34] 5 stories or 60 feet, whichever is less [34] 5 stories or 60 feet, whichever is less [34] 5 stories or 60 feet, whichever is less [34] 3 stories or 40 feet, whichever is less Minimum Green Space [45] One and Two- Family Detached Dwellings See note [56] below See note [56] below See note [56] below Not Applicable Not Applicable Not Applicable Other Uses 30% 25% 20% 15% 10% Not Applicable 117 509575v9 AMB CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial Industrial AP NOTES: [1] Setbacks for some principal uses are regulated by the Use-Specific Standards found in Table 3. [2] If the vehicle entrance for an attached garage faces a street or alley, the garage shall be at least 20 feet from the corner side property line. [3] For the purposes of Table 7, specialized care facilities shall be defined as non-residential uses. [34] Buildings in excess of this height limit may be allowed with a conditional use permit. [45] The minimum green space requirement is expressed as a percentage of the property that shall be free from any structures or impervious surfaces. [56] In residential zoning districts, the minimum green space requirement applies only to the rear yard of one and two family dwellings. The requirement is expressed as a percentage of the rear yard that is free of any structures or impervious surfaces: 1. Rear yard of 5,001 SF or greater: 50% 2. Rear yard of between 4,501 and 5,000 SF: 45% 3. Rear yard of between 4,001 and 4,500 SF: 40% 4. Rear yard of between 3,501 and 4,000 SF: 35% 5. Rear yard of between 3,000 and 3,500 SF: 30% 6. Rear yard of less than 3,000 SF: 25%. Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  Industrial  AP  Minimum Structure Setbacks  Accessory dwelling  units, detached  Front:  30  feet, but  cannot be  closer to  the street  than the  principal  building [2]   Side: 5 feet  [3]  Rear: 5 feet  [3]  Corner  side: 10  feet  Front:  30  feet, but  cannot be  closer to  the street  than the  principal  building [2]   Side: 5 feet  [3]  Rear: 5 feet  [3]  Corner  side: 10  feet  Not  Applicable  Not  Applicable  Not  Applicable  Not Applicable  Amateur radio  towers  See note  [1], below  See note  [1], below  See note [1],  below  Not  Applicable  Not  Applicable  See note   [1], below  118 509575v9 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  Industrial  AP  Attached Decks and  open porches  Front: 30  feet  Side: 3 feet  Rear: 30  feet  Corner  side: 10  feet  Front: 30  feet   Side: 15  feet  Rear: 30  feet  Corner  side: 30  feet  Front: 30  feet  Side: 15 feet  Rear: 30  feet  Corner side:  30 feet  Front: 30 feet  Side: 10   feet  Rear: 3   feet  Corner   side: 30   feet   Not  Applicable  Not Applicable  Clothesline Poles  Front: Not  allowed  Side: 3 feet  Rear: 3 feet  Corner  side: 10  feet  Front: Not  allowed  Side: 3 feet  Rear: 3 feet  Corner  side: 10  feet  Not  Applicable  Not  Applicable  Not  Applicable  Not Applicable  Commercial Storage  Buildings  Not  Applicable  Not  Applicable  Not  Applicable  Front: 30 feet  Side: 10   feet  Rear: 3 feet  Corner   side: 30   feet   Front: 30  feet  Side: 10 feet  Rear: 3 feet  Corner side:  30 feet  Front: 30 feet  Side: 10   feet  Rear: 3 feet  Corner   side: 30   feet  Detached decks  Front: 30  feet  Side: 3 feet  Rear: 3 feet  Corner  side: 10  feet  Front: 30  feet  Side: 5 feet  Rear: 5 feet  Corner  side: 10  feet  Front: 30  feet  Side: 5   feet  Rear: 5   feet  Corner side:  10 feet  Front: 30 feet  Side: 10   feet  Rear: 10 feet  Corner   side: 15   feet   Not  Applicable  Not Applicable  Detached garages or  carports  Front: 30  feet, but  cannot be  closer to  the street  than the  principal  building [2]   Side: 5 feet  [3]  Rear: 5 feet  [3] , [4]  Corner  side: 10  feet [4]  Front: 30  feet, but  cannot be  closer to  the street  than the  principal  building    Side: 5 feet  [3]  Rear: 5 feet  [3], [4]  Corner  side: 10  feet [4]  Front: 30  feet, but  cannot be  closer to the  street than  the principal  building     Side: 10 feet  Rear: 10  feet  Corner side:  10 feet [4]  Front: 30  feet, but  cannot be  closer to   the street  than the  principal  building    Side: 10   feet  Rear: 10 feet  Corner   side: 10   feet [4]  Front: 30  feet, but  cannot be  closer to the  street than  the principal  building    Side: 10 feet  Rear: 10  feet  Corner side:  10 feet [4]  Front: 30 feet,  but cannot be  closer to   the street than  the principal  building    Side: 10   feet  Rear: 10   feet  Corner   side: 10   feet [4]  122 509575v9 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures  Accessory Structure  Type R1  R2  R3  Commercial  Industrial  AP  Satellite dishes  Not to  exceed 4  feet above   the roof  Not to  exceed 4  feet above   the roof  Not to exceed  4 feet   above   the roof  Not to  exceed 4  feet   above   the roof  Not to  exceed 4 feet   above   the roof  Not to  exceed 4 feet  above   the roof  Solar energy  systems  Building  mounted:  Shall not  exceed the  maximum  allowed  building  height  Freestanding:  20 feet  when  oriented at  maximum  tilt  Building  mounted:  Shall not  exceed the  maximum  allowed  building  height  Freestanding:  20 feet  when  oriented at  maximum  tilt  Building  mounted: Shall  not exceed the  maximum  allowed  building height  Freestanding: 20  feet when  oriented at  maximum tilt  Building  mounted:  Shall not  exceed the  maximum  allowed  building  height  Freestanding:  20 feet  when  oriented at  maximum  tilt  Building  mounted:  Shall not  exceed the  maximum  allowed  building  height  Freestanding: 20  feet when  oriented at  maximum tilt  Building  mounted:  Shall not  exceed the  maximum  allowed  building  height  Freestanding:  20 feet when  oriented at  maximum tilt  Television and Radio  Antennae  Not to  exceed 12  feet above  the roof  Not to  exceed 12  feet above  the roof  Not to exceed  12 feet above  the roof  Not to  exceed 12  feet above  the roof  Not to  exceed 12  feet above  the roof  Not to  exceed 12  feet above  the roof  NOTES:  [1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However,  necessary guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or  interior side property line.   [2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed, accessory dwelling  unit, or workshop may be erected within the front setback area provided it does not encroach into the  required front, side or corner side setback.  [3] If the garage, carport, accessory dwelling unit, or workshop does not have an eave or overhang on the side or  rear of the structure, the structure may be located to a distance of 3 feet from the side or rear property line,  but the structure shall not encroach into a platted or dedicated easement.   [4] If the vehicle entrance for a detached garage or carport faces a street or alley, the garage or carport shall be at  least 20 feet from the corner side or rear property line.              [5] For building‐mounted solar energy systems, the collector surface and mounting devices shall not extend beyond  the required setbacks on which the building is mounted. For freestanding solar energy systems, the system  may not extend into the following setbacks when oriented at minimum design tilt:  Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet;  Corner side: 10 feet.  [6] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports,  detached garages, gazebos, noncommercial greenhouses, sheds and workshops.  Some of these structures may not be allowed in every zoning district.   127 509575v9 AMB CR225-423 Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed development and new land usessite plan review, conditional use permit and subdivision applications, unless otherwise stated herein. Subd. 3. Approved landscaping plan. (a) Where landscaping is required, no building permit shall be issued until the landscaping plan for the site has been submitted and approved. (b) Landscaping that is in compliance with the approved plans shall be installed before a certificate of occupancy is issued for the site. If landscaping is not installed, the applicant shall be required to submit a cash escrow in accordance with the requirements in the Crystal city code, section 510 for the relevant development review application. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. Landscape materials should complement the form of the existing trees, plantings, and vegetation. The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species 7-19 35% 20-39 30% 40 or more 25% (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of two inches 128 509575v9 AMB CR225-423 for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting. (ii) Understory, small maturing, or ornamental trees shall have a minimum DBH of two inches at time of planting. Multi-stem varieties shall be a minimum of four feet in height above ground level at the time of planting. (iii) Evergreen trees shall be a minimum of six feet in height for potted or ball and burlap trees at the time of planting. (b) Required landscaping. (1) Any lot remaining after providing parking, sidewalks, driveways, building or other permitted site improvements shall be planted and maintained in sod or turf grass, supplemented by required trees, shrubs, turf grass, native grasses, flowering plants, or similar landscaping material. (2) One and two family dwellings. For one and two family dwellings constructed after the effective date of this UDC, one overstory deciduous tree shall be planted in the front yard. An existing healthy and well-formed tree may be credited towards this requirement provided that the tree is protected before and during development of the site according to the requirements of this section. The tree to be credited shall be on the city’s list of approved trees as established in subdivision 4 of this subsection. (3) Uses other than one and two family dwellings. For a nonresidential, institutional, or multi-family residential principal building constructed after the effective date of this UDC, the following are the minimum landscaping requirements. Parking lots, which have specific requirements in this section, are exempt from these requirements. (i) One overstory deciduous tree shall be planted for every 30 feet of lot frontage; and. (ii) Shrubs shall be planted along building foundations that are visible from the public street. (c) Installation of vegetation. (1) General requirements. (i) Minimum dimensions. Wherever this UDC requires a landscaped area of a specified width, the width shall be measured within (interior measurements) any curb or wall bordering the landscaping area. (ii) Soils. Where landscaping is required, good quality loose soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material. 129 509575v9 AMB CR225-423 (iii) Ball and burlap. Landscape materials installed in a ball or burlap form shall be installed such that the ball and burlap does not extend above the immediate grade at installation. (iv) Protective curbing. Where landscaping is installed in areas that are designed to manage storm water run-off, no protective curbing shall be constructed that prohibits the flow of or infiltration of surface water. In other instances landscape islands and similar landscape areas may be protected by a B6-12 concrete curb and gutter where otherwise deemed necessary by the city engineer. (v) Safety requirements. Landscape materials shall be located so that at maturity they do not interfere with safe sight lines for pedestrians or vehicular traffic and do not conflict with overhead lights or utility lines. (2) Turf or ground cover. (i) Requirements for native prairie grasses and or drought tolerant species of native are located in the Crystal city code, section 615. (ii) Ground cover may consist of grass normally grown in permanent lawns in Minnesota. Such turf grass shall be planted according to the requirements found in the Crystal city code, section 615, and may be sodded or seeded, except in swales or other areas subject to erosion where solid sod, erosion reducing net, or suitable mulch shall be used. (iii) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (3) Trees. (i) Trees in public rights-of-way. The requirements for planting trees in the public right-of-way are found in the Crystal city code, chapter 8. (ii) Tree roots. Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. (4) Earth berms. (i) Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall. (ii) Berms shall be constructed with proper and adequate plant material to prevent erosion. Where existing vegetative and/or topographic conditions provide a Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 12). 133 509575v9 AMB CR225-423 of the minimum required setback area between the street right-of-way and any parking area (see Figure 14); Figure 14: Perimeter landscaping required between a parking lot and a street. (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street and meet the site visibility requirements of the Crystal city code, chapter 8; (3) Screening materials may include a combination of plant materials including trees, shrubs, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement (see Figure 15); and. Figure 15: Illustration of parking lot perimeter screening. (4) Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area. (c) Parking lots adjacent to side or rear property lines. Parking areas for a nonresidential, institutional, or multiple family dwelling use shall provide a perimeter landscape strip of the minimum required setback area where the parking area adjoins a side or rear property line. At a minimum the landscape strip shall contain sod or turf grass, but may be supplemented by trees, shrubs, native grasses, flowering plants, or similar landscaping material. 134 509575v9 AMB CR225-423 (d) Parking lots adjacent to residential uses. Parking lots adjacent to a one or two family dwelling shall comply with the following: (1) A landscaped buffer of the minimum setback area shall be provided between the parking lot and the property line of the residential use; (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the residential use. Screening may consist of shrubs, planters, solid decorative walls, or other screening devices which meet the intent of this requirement; (3) Screening materials may include a combination of plant materials including raised trees, shrubs, planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement; and (4) Shade trees shall also be provided at the rate of one for each 30 linear feet of landscaped area along the property line between the parking lot and the residential use. (e) Landscaping for parking lot interior. The landscaping for the interior of a parking lot shall comply with the following: (1) Amount of landscaping. (i) Parking lots with 20 or more spaces shall provide landscaping at a minimum ratio of ten percent of the gross area of the parking lot (including all drive and parking aisles). If parking is located on the side of the structure (not adjacent to a street) or in the rear, this landscaping ratio may be reduced to five percent; (ii) Trees not less than five feet in height and 15-gallon container in size shall be planted throughout the parking lot; and (2) Landscaping location. Landscaping shall be evenly dispersed throughout the parking lot, as follows: (i) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension; (ii) Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas; (iii) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch. 520.13. Screening. 138 509575v9 AMB CR225-423 (c) Change of use. No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this subsection. (d) Existing uses. The parking requirements of this section shall not apply to buildings and uses legally in existence on the effective date of this UDC unless modified in the manner stated in this subsection. Furthermore, any parking facilities now serving such existing buildings or uses shall not be reduced below the requirements established in this section in the future. Subd. 3. General provisions. (a) Parking plan required. Plans for all parking facilities, including parking garages, shall be submitted to the zoning administrator for review whether through zoning certificate application as established in the Crystal city code, subsection 510.15, or site plan review application as established in subsection 510.17. (b) Parking spaces to be permanent. Each parking space shall be permanently available, marked, and maintained for parking purposes for the use which it is intended to serve. (c) Storage of vehicles and on-street parking. Parking and storage of any motorized vehicle may occur within a garage, carport, or other building approved for parking in accordance with the applicable sections of this UDC. Requirements for parking on a public street are provided in the Crystal city code, section 1310chapter 13. (d) Vehicles for sale. No vehicle, trailer, or other personal property shall be parked on an unpaved surface for the purpose of displaying the vehicle, trailer, or other personal property for hire, rental, or sale, unless the applicable zoning allows the use or the use is allowed as provided in the Crystal city code, section 1310chapter 13. (e) General access and circulation requirements. The traffic generated by any use, whether vehicular or pedestrian shall be channeled and controlled in a manner that will avoid: (1) Congestion on the public streets; (2) Traffic hazards including obstacles to safe pedestrian access; and (3) Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business areas shall to the maximum extent possible, be forward moving with no backing into streets. Subd. 4. Rules for computation. (a) Calculation. The following rules shall apply when computing parking spaces: (1) Driveway space meeting parking requirements. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of one or two family dwellings where driveways may be used in calculating the amount of off-street parking. 140 509575v9 AMB CR225-423 Subd. 6. Off-street parking space requirements. (1) Table 11 defines the number of parking spaces required for each use within the city. (2) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. Table 11: Parking Spaces by Use Use Type Minimum Maximum Residential Use Category Accessory dwelling units 1 space in addition to the number of spaces required for the principal building on the property Not Applicable Bed and breakfast establishments 2 spaces for the owner/occupant of the dwelling, at least one of which must be enclosed in a garage, plus 1 space per guest sleeping room Not Applicable Dwellings, one and two family 2 spaces per dwelling unit, one of which must be enclosed in a garage Not applicable Dwellings, multiple-family 2 spaces per dwelling unit, one of which must be enclosed in a garage [1] Not applicable Specialized care facilities 4 spaces, plus 1 space per 5 beds Not applicable Commercial Use Category Amusement Centers 10 spaces, plus no less than 1 space per 500 square feet of gross floor area 10 spaces, plus no more than 1 space per 250 square feet of gross floor area Banquet halls or event centers See Public, Institutional, or Recreational Use Category Bowling alleys 4 spaces, plus 4 spaces for each lane Not applicable Funeral Homes 4 spaces, plus no less than 1 space per 3 seats in the main assembly hall, plus no less than 1 space per 300 square feet of gross floor area not used for seating. [3] 4 spaces, plus no more than 1 space per 2 seats in the main assembly hall, plus no less than 1 space per 200 square feet of gross floor area not used for seating. [3] Health and fitness club 4 spaces, plus no less than 300 square feet of gross floor area, not including court, gym Not applicable 148 509575v9 AMB CR225-423 (iv) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. (3) To ensure proper location and configuration, a permit is required from the city manager or designee for work on driveways. For driveway plans that involve changes to an existing curb cut or construction of a new curb cut within the public right-of-way, a curb cut right of way permit application shall be approved in accordance with the Crystal city code, chapter 8. (b) Parking space dimensions. (1) Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 21. 171 509575v9 AMB CR225-423 and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic. (c) Grading and improvement plan. The full width of the street right-of-way shall be graded and improved in conformance with the city’s engineering standard specifications and the construction plans submitted as part of the final plat application. (d) Roadway and access offsets. Roadways or other access points entering upon opposite sides of any given roadway shall have their centerlines located directly opposite each other or the centerlines located shall be offset at least 150 feet for local residential streets, and at least 200 feet for all other roadways. Driveways on local streets accessing one or two family residential dwellings are exempt from this requirement. (e) Signs, traffic signs and signals, and street lights. (1) Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the city engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). (2) Traffic control signs pursuant to Minnesota Statutes, section 169.06, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. (3) Turn lanes and traffic signals shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (4) Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever time period is less. (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed. Sidewalks shall meet the width requirements in the Crystal city code, subsection 800.59chapter 8. (g) Stub streets and cul-de-sac streets (permanent and temporary). (1) Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider. 178 509575v9 AMB CR225-423 (a) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (b) Small signs. (c) Governmental signs. Subd. 3. Prohibited signs. The following signs are prohibited: (a) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal; (b) All off-premise signs; (c) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures; (d) Signs placed in the public right-of-way other than the following: i) Governmental signs; ii) Courtesy bench signs allowed with an obstruction permit as regulated by the Crystal city code chapter 8; iii) Signs placed in public right-of-way that are maintained by the owner or occupant of residential property abutting said right-of-way. Each sign is limited to 30 inches in height and six square feet in area, and the cumulative area of all signs is limited to 0.5 square feet of sign area per lineal foot of frontage on the right-of-way; iv) Sandwich board signs are permitted in the public right-of-way but shall not interfere with public use of the sidewalk or right-of-way. The city’s public works director has authority to determine if a sign is interfering. (e) A sign, including unshielded display lighting, that obstructs or distracts the vision of drivers or pedestrians, or detracts from the visibility of any official traffic control device; (f) A sign that contains, imitates, interferes with, obscures or causes confusion with an official traffic sign or signal, except for private, on premise directional signs; (g) Abandoned signs; (h) Roof signs; and (i) Vehicle signs. 182 509575v9 AMB CR225-423 Table: 14: Signs allowed by zoning district Sign Type Zoning District Sign Specific Standards R-1 R-2 R-3 C I AP Canopy, Marquee, and Fixed Awnings P P P P P P 530.11, subdivision 1 Electronically controlled readerboard P P P P P P 530.11, subdivision 2 Electric P P P P P P Freestanding - - - P P P 530.11, subdivision 3 Governmental A A A A A A Monument P P P P P P 530.11, subdivision 4 Multi-Tenant - - - P P - 530.11, subdivision 6 Off-Premise - - - - - - Projecting - - - P P P 530.11, subdivision 5 Roof - - - - - - Rotating - - - - - - Sandwich board - - - P - - 530.11, subdivision 7 Shimmering - - - P P P Temporary P P P P P P 530.11, subdivision 78 Small A A A A A A Wall P P P P P P 530.11, subdivision 89 530.11. Sign specific standards. The following requirements for specific sign types apply in addition to those requirements found in Table 14. Subd. 1. Canopies, marquees and fixed awnings. Signs are allowed on canopies, marquees and fixed awnings, which are an integral part of the structure to which they are attached. Within the residential districts, these signs are only allowed for multiple family dwellings, or institutional 183 509575v9 AMB CR225-423 or commercial uses, but are allowed for all building types in the commercial and industrial districts. Canopy, marquee, and fixed awning signs are subject to the following standards: (a) An awning, canopy or marquee may not project into the public ri ght-of-way nearer than 30 inches to the street curb or curb line; (b) The bottom of awning signs shall be no less than eight feet above the sidewalk or grade at any point; (c) Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; (d) Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all responsibility; and (e) Canopies and marquees are a part of the building structure but the area of canopies and marquees may not be used in the computation of total wall area. Subd. 2. Electronically or electrically controlled readerboards. Electronically or electrically controlled readerboards are permitted provided that the sign: (a) Displays a given copy or graphic image for a minimum of three seconds within the readerboard frame if having lamps of a single color, or for a minimum of two minutes sixty seconds if having lamps of more than one color; (b) Is included in an otherwise permitted and conforming wall, free-standing or monument sign, and the area of the readerboard may not exceed 50% of the total area of the sign in which it is integrated, or 50 square feet, whichever is less, and only one readerboard per premise is allowed; (c) Displays a static message with no fade, dissolve, scrolling, blinking, flashing, spinning or zooming action; and (d) Does not cast light on any public street in excess of one foot candle at the lot line along said street, or in excess of 0.4 foot candle at the lot line of any residential property. Subd. 3. Freestanding or pylon signs. Freestanding or pylon signs are subject to the following standards: (a) Freestanding or pylon signs shall meet the requirements in Table 15. (b) An electronically controlled reader board is allowed as part of a freestanding or pylon sign. 186 509575v9 AMB CR225-423 (a) Wall signs. Each tenant in a multi-tenant building may have a flat wall sign in compliance with the wall sign requirements in Table 18. In addition, the multi-tenant building may have wall signage on common walls of the building as long as no more than ten percent of that wall is occupied by signage. (b) Freestanding signs. Where allowed, One one freestanding sign shall be permitted for each multi-tenant building. (c) Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area. Subd. 7 Sandwich board signs. Sandwich board signs are subject to the following standards: (a) Signs shall not exceed six square feet in size; (b) One sign is allowed per property; and (c) Signs shall only be displayed during business operating hours. Subd. 7.8 Temporary signs. The temporary use of banners, pennants, balloon signs, portable signs and similar devices requires a permit. The permit is valid for seven consecutive days. Not more than six permits for each property, or if applicable each tenant in a multi-tenant building, may be granted in a 12-month period. The permit must be prominently displayed at the principal use in the same manner required for building permits. Temporary signs shall conform to the same location and dimension requirements as permanent signs. (a) Non-commercial speech signs. Notwithstanding any other provisions of these sign requirements, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. Subd. 89. Wall signs. (a) Wall signs in residential districts. In the residential districts, wall signs are allowed for multiple family dwellings, or institutional or commercial uses, subject to the following standards: (1) Wall signs are only permitted on walls fronting on a public street or facing other property used for institutional, commercial or industrial purposes. (2) No more than one sign is permitted on each wall. (3) No wall sign shall exceed 10% of the wall area or 75 square feet in area, whichever is less. (4) Wall signs for home business are allowed according to the requirements in the Crystal city code, subsection 515.23. Open Issues (JIRA) Status: In Progress, New Issue Sorted by: Key descending 1–2 of 2 as at: 02/28/19 10:46 AM T Key Summary Assignee Reporter Status Created Updated CRCI-78 56XX Bass Lake Road Anne Norris Anne Norris New Issue 06/07/18 01/10/19 CRCI-74 Traffic - 41XX Brunswick Anne Norris Anne Norris New Issue 05/09/18 08/13/18