2019.05.13 - Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal Planning Commission Agenda Summary
Monday, May 13, 2019
7 p.m.
Crystal City Hall
1. Call to Order
2. Approval of Minutes*
a. Monday, April 8, 2019 meeting minutes
3. Public Hearings*
a. Conditional use permit application from A Better Childcare for a child day care
facility at 7200 – 56th Avenue North (Application Number 2019-05)
b. Preliminary plat application for Iron Horse Addition at Ironhorse Park at 5155
Kentucky Avenue North (Application Number 2019-06)
4. Old Business*
a. Consider recommendation for a proposed specialized care facility at 3501
Douglas Drive North (Application Number 2019-04)
5. New Business*
a. Conformance to Comprehensive Plan - Sale of three parcels at 5155
Kentucky Avenue North
b. Discuss proposed Town Center district regulations
6. General Information
a. City Council actions on previous Planning Commission items: None
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, June 10, 2019 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials are included in the meeting packet
Page 1 of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, May 13, 2019 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or
email dan.olson@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the
following members present:
Commissioner (Ward 1)
Sears
Commissioner (Ward 2)
Selton [Chair]
Commissioner (Ward 4)
Einfeldt-Brown [Vice
Chair]
Commissioner (Ward 1)
Heigel
Commissioner (Ward 3)
Maristany [Sec. Vice Chair]
Commissioner (Ward 4)
Johnson
Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
Commissioner (At-
Large) Seffren
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the April 8, 2019 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARINGS*
a. Conditional use permit from A Better Childcare for a child day care facility at 7200 – 56th
Avenue North (Application Number 2019-05):
Staff presented the following:
Page 2 of 3
The following were heard:
Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend ______ to
the City Council of the conditional use permit for a proposed child day care facility at 7200 –
56th Avenue North with the conditions in the staff report.
b. Preliminary plat application for Iron Horse Addition at Iron Horse Park at 5155 Kentucky
Avenue North (Application Number 2019-06):
Staff presented the following:
The following were heard:
Planning Commission discussion:
Page 3 of 3
Moved by _______________ and seconded by _______________ to recommend ______ to
the City Council of the preliminary plat at 5155 Kentucky Avenue North with the conditions in
the staff report.
4. OLD BUSINESS
a. Consider recommendation for a proposed specialized care facility at 3501 Douglas Drive
North (Application Number 2019-04)
Moved by _______________ and seconded by _______________ to recommend ______ to
the City Council of the rezoning to Planned Development at 3501 Douglas Drive North.
5. NEW BUSINESS
a. Conformance to Comprehensive Plan - Sale of three parcels at 5155 Kentucky Avenue
North
b. Discuss proposed Town Center district regulations
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items: None
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, June 10, 2019 meeting
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes – April 8, 2019
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, April 8, 2019 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:03 p.m. with the
following members present:
Commissioner (Ward 1)
Sears
X Commissioner (Ward 2)
Selton [Chair]
X Commissioner (Ward 4)
Einfeldt-Brown [Vice Chair]
X Commissioner (Ward 1)
Heigel
X Commissioner (Ward 3)
Maristany [Sec. Vice Chair]
X Commissioner (Ward 4)
Johnson
X Commissioner (Ward 2)
Strand
X Commissioner (Ward 3)
Buck
Commissioner (At-Large)
Seffren
Other attendees: City Planner Dan Olson; City Council Liaison John Budziszewski; City
Council members Nancy LaRoche and Therese Kiser; representatives from A-1 Reliable
Home Care, including Tom Wasmoen, Deborah Ojogwu, Benjamin Ojogwu, and John
DeFreitas; and other interested persons
2. APPROVAL OF MINUTES
Moved by Maristany and seconded by Strand to approve the minutes of the March 11, 2019
regular meeting. Ayes all.
Motion carried.
3. PUBLIC HEARING
a. Rezoning to Planned Development for a proposed specialized care facility at 3501
Douglas Drive North (Application Number 2019-04):
Planner Olson presented a summary of the staff report and stated he is recommending
approval of the rezoning application with the conditions in the staff report.
Commission member Strand said she attended the neighborhood meeting and said there
was a lot of interested persons in attendance. She felt the applicant did not adequately
answer many of the attendees’ questions. Strand asked if there would be subsequent
phases of this development. Planner Olson said that the applicant is asking for a 30-bed
facility and if they wanted to have more beds, they would have to go through a public
process to amend the Planned Development. The City Council would review any
amendment on its own merits.
Unapproved Planning Commission Minutes – April 8, 2019
Commission member Heigel had several operational questions, which were answered by
the applicant’s team:
Can the windows be opened? Answer: In this facility, they will only be opened
to allow for a 4” gap
Is each floor designated for residents with certain medical issues? Answer: No
How many residents are allowed in the outdoor recreational area at one time
and how are they staffed? Answer: There is room for approximately 8 residents
and staff
What times will this recreational be used: Answer: It varies based on the desire
of the residents, but a staff member is present
How are doors accessed (card or something else)? Answer: Probably either by
fob or punch pad. A hardware consultant will provide details during creation of
the building plans.
Is one security person on staff enough for all their responsibilities? Answer: The
security personnel will be able to monitor the entire building on camera. Other
staff will also be overseeing the residents.
Who will be watching out for the welfare of the residents since the State won’t be
doing that? Answer: The MN Department of Health (MDH) has requirements for
how to handle complaints from family members for vulnerable adults. A-1 has a
care plan for each resident, and works with the family to resolve conflicts. If A-1
needs further guidance on MDH rules, they will contact them.
What do the residents do during the day? Answer: Each resident has
programs they attend and A-1 provides transportation to those programs. The
residents are very busy.
Is the RN only in the building during the day? Answer: Yes, but the RN is on-
call after those hours and there are other medical staff on duty at all times. Pre-
packaged medication can be provided by on-duty staff at those times when the
RN is not present.
Are the five examples submitted in the narrative confirmed as “housing with
services”? Answer: Planner Olson said he has confirmed some are not
regulated by the state in the same manner.
Commission member Maristany asked several operational questions that were answered
by the applicant:
Are out-patient services provided: Answer: No
What is the age range of residents living at the facility? Answer: All are adults
Will the residents have a range of cognitive abilities? Answer: Yes, but they
are all self-preserving and are able to walk
Will residents have a history of destructive or criminal behavior: No
Staff will stay at the home on the property? Answer: Some staff will live at the
home, much like an apartment.
Will light pollution be an issue? Answer: A lighting plan meets the city’s
requirements and lighting will not spill over the property lines.
What about this location makes the site a good fit for A-1? Answer: The site
provides a sense of community for the residents. A-1 already has a facility in
nearby Robbinsdale.
Unapproved Planning Commission Minutes – April 8, 2019
Commission member Strand said that the building will tower over nearby residential uses
and is much taller than other buildings in the area. She believes that the EDA-owned lot
south of A-1’s site will be unbuildable and should be included with any redevelopment
project at 3501 Douglas. She believes that A-1 has a nice facility, but it does not fit in with
the adjacent land uses. Mr. Wasmoen said that the proposed building will be nestled into
the hill so it will have the appearance of a 2-story building. Strand asked where snow
storage be. Planner Olson stated there is a snow storage area adjacent to the stormwater
infiltration basin. Strand asked how many office units will be in the existing building. Mr.
Wasmoen said A-1 will have the top floor and the lower units will be remodeled and rented
out.
Chair Selton opened the public hearing.
Selton read into the record a comment letter from the property owner at 3329 Florida
Avenue dated April 8, 2019. The letter was received by city staff after the Planning
Commission agenda packets were sent out.
Selton invited those audience members who filled out a green card to make comments or
ask questions. Each person spoke once.
A Crystal resident said he does not support the rezoning because the high density facility
is not compatible with the lower density neighborhood. There would also be a lot of traffic
conflicts, making the currently quiet neighborhood a noisy place to live. There will be more
emergency vehicles and delivery vehicles as a result of this development.
A Crystal resident said she does not support the rezoning. This property should be
developed for new homes which are badly needed in Crystal. The A-1 facility would cause
a lot of traffic which would be dangerous to pedestrians and create more congestion.
A Crystal resident said he does not support the rezoning because a mental health facility is
not appropriate for this neighborhood. The facility would not be regulated by the State and
should not even be allowed in Crystal.
A Crystal resident said he does not support the rezoning. The Commission should do the
right thing and vote against the proposal.
A Crystal resident said she does not support the rezoning. She’s concerned that a tall
retaining wall is needed to protect the neighbors from the residents. A health clinic like this
is not appropriate for this area. Mr. Wasmoen said that the retaining wall is needed so that
that the building can be set into the hill, lessening the impact of the height of the building.
A Crystal resident said he supports the rezoning. This facility will be run according to state
regulations and many of the concerns of tonight’s attendees are not related to zoning. The
facility will meet the requirements of the city’s zoning code.
A Crystal resident said he does not support the rezoning. There should be houses on this
site, not a commercial facility. The area is not a commercial area.
A Crystal resident said he does not support the rezoning. He said A-1 has not made it
clear whether the residents would be here by court order. He believes the height of the
building will be too tall for the neighborhood. There will need to be an inspection of the
Unapproved Planning Commission Minutes – April 8, 2019
commercial kitchen of the A-1 facility. He believes the rental house will become a “flop-
house” for A-1 employees. He said that the EDA lot south of A-1’s site will not be
developable if this rezoning is approved. He questioned how evacuations of residents will
take place if there is a fire. Will a small staff be able to evacuate 30 vulnerable adults?
He believes that the facility should comply with the density requirements of the
Comprehensive Plan just like an apartment building. He does not think this neighborhood
should be a redevelopment area.
Mr. Wasmoen said the residents would not be placed here by court order. The commercial
kitchen will be inspected by a health department. Ms. Ojogwu said the residents would
come from hospitals and stay here until they get well.
A Crystal resident said he does not support the rezoning. He wants to do a significant
remodeling of his home and if this is approved, he may leave Crystal. He felt mislead by
A-1 at the neighborhood meeting, where A-1 said the residents were here by court order
but now they are saying something different. He said that A-1 did not previously describe
the residents going to and from the facility, but at tonight’s meeting they are saying that
residents will frequently leave the facility. He said that A-1 has several complaints online
from a state agency. The complaints relate to the inability of A-1 personnel to do their jobs.
Ms. Ojogwu said every state-regulated facility receives citations. If the state believes they
are not capable of operating a facility, they will be shut down. Mr. Ojogwu said that they
are invested in the care of the residents and this facility will create employment for many
people.
A Crystal resident said she does not support the rezoning. She is concerned that the site
will only have a property maintenance inspection by the city. She will be impacted by
police calls and traffic of this facility. Ms. Ojogwu said that any police calls would most
likely be because of the refusal of residents to attend their medical appointments, not
because of the misbehavior of residents. Ms. Ojogwu said that the opposition to A-1’s
facility feels like racial prejudice (Ms. Ojogwu is black). Chair Selton said he has seen the
citations referenced by the previous resident and they are not about the abuse of A-1’s
residents. It appears that the State’s citations refer to employees not being properly
oriented on A-1’s policies.
A Crystal resident asked how residents are transported. If staff are transporting residents,
then they are not in the facility taking care of the residents. Mr. Ojogwu said they have
contracted out for transporting of residents, and staff help out as needed. The resident
said she would rather see a one-story senior living building here than A-1’s facility.
A Crystal resident said he wanted to know if a study had been done in other cities to show
how many police calls a facility like A-1’s would generate. Planner Olson said he’s not
aware of such a study. The resident is also concerned that criminals will be placed in A-
1’s facility. Mr. Ojogwu said that A-1 has the ability to determine which residents they
accept.
A Crystal resident said he does not support the rezoning. The request is not compatible
with the Comprehensive Plan. This commercial use would encroach farther into the
neighborhood than envisioned by the plan. This use should be subject to density
requirements. He believes A’-1’s large facility would make the development of vacant
parcels in the area less desirable. A-1’s facility would be open 24 hours per day, which is
very different from the surrounding neighborhood. This facility should be in a commercial
area.
Unapproved Planning Commission Minutes – April 8, 2019
A Crystal resident said she does not support the rezoning. She said A-1’s facility would be
understaffed when staff are home ill.
A Crystal resident said she does not support the rezoning. She said the facility should be
subject to density requirements and the density would be too high with residents and
visitors coming to the property. This rezoning would also lead to other rezoning requests
in the area. The facility would have negative environmental impacts.
Commission member Heigel asked how residents would be referred to this facility. Ms.
Ojogwu said they are referred to them by the state. Each resident has a case manager
who refers them to A-1. Complaints can be made to the case manager.
Commission member Maristany asked if A-1 has the ability to not accept a resident. Ms.
Ojogwu said yes.
Chair Selton closed the public hearing.
Moved by Strand and seconded by Heigel to recommend denial of the rezoning to Planned
Development and continue this agenda item until May 13, 2019 so that city staff and the
city attorney may prepare findings for denial for review by the Commission.
Ayes: Strand, Heigel, Einfeldt-Brown, Johnson, Maristany. Nays: Selton, Buck
Motion carried.
4. OLD BUSINESS – None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items: Planner Olson stated that
the City Council approved the rezoning to Planned Development for the Rivertree School
expansion project.
b. Update from Council Liaison: Mr. Budziszewski provided an update on the Becker Park
groundbreaking event. The Economic Development Authority (EDA) has looked at
potential property they could sell for new homes. The Council is working on their 2019-20
goals.
c. Staff preview of likely agenda items for Monday, May 13, 2019 meeting.
Mr. Olson indicated that the application deadline is not until next week. The Commission
is expected to review a 3-lot subdivision request for the western portion of Ironhorse Park
as well as review a draft of the proposed Town Center zoning regulations.
7. OPEN FORUM
Unapproved Planning Commission Minutes – April 8, 2019
Commission member Strand said the brew-fest fundraiser held on March 15 for Becker Park
was pretty successful and plans are to hold another such event next year. The next park
fundraiser is a plant sale on May 19.
Commission member Einfelt-Brown asked when Taco Bell would open and what was
happening at the old Wendy’s restaurant. Planner Olson said he believes the building permit
has been issued for the Taco Bell, but he’s not sure when the restaurant will open. A sit-down
restaurant is going into the old Wendy’s building.
8. ADJOURNMENT
Moved by Buck and seconded by Heigel to adjourn.
Motion carried.
The meeting adjourned at 9:41 p.m.
7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION
PAGE 1 OF 4
_______________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for May 13 Meeting)
DATE: May 7, 2019
RE: PUBLIC HEARING – Conditional Use Permit request from A Better
Childcare for a child day care facility at 7200 – 56th Avenue North
(Application Number 2019-05)
A. BACKGROUND
A Better Childcare is proposing a conditional use permit (CUP) to allow a child day care
facility at 7200 – 56th Avenue North. The applicant will either lease or buy the property
for the day care. The property is zoned Commercial (C) and a child day care facility is a
conditional use within that district. Notice of the May 13 public hearing was published in
the Sun Post on May 2 and mailed to owners within 500 feet (see attachment A). A
hearing notice was also sent to the City of New Hope since the property is adjacent to
the New Hope/Crystal boundary line.
Attachments:
A. Site location and public hearing mailing notice map
B. Zoning map
C. 2030 Planned Land Use Map
D. Photos of existing property
E. Project narrative
F. Public comment
G. Site and floor plan (2 sheets)
B. PROPOSED CONDITIONAL USE
Property history
The existing 3,444 square foot building was constructed in 1966 as a “food and dairy
store” (similar to today’s convenience stores). The property was most recently used as a
PLANNING COMMISSION STAFF REPORT
Conditional Use Permit for 7200 – 56th
Avenue North
7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION
PAGE 2 OF 4
liquor store. In 2013 the City Council approved a CUP to allow an eight foot tall screening
fence that was two feet over the maximum height of six feet.
Surrounding uses
The following are the existing land uses and zoning districts surrounding this property:
North: Single family homes zoned Low Density Residential (R-1)
East – Restaurant in New Hope zoned Community Business (CB)
West – Single family homes zoned R-1
South – Across 56th Avenue, commercial businesses in New Hope zoned CB
Proposed conditional use
The existing building will be used for a child day care facility. The applicant is not
proposing to enlarge the building or increase the size of the parking lot pavement. The
floor plan (attachment G) shows four classrooms, an office and a kitchen. The day care
will have a maximum of 50 children under the age of 12, with six full-time and one part-
time staff members. The day care will be open from 6:30 AM to 6 PM, Monday through
Friday.
Conditional Use permit criteria
The following are the relevant criteria for approval of conditional use permits in city code
section 510.19:
(a) The proposed use has been approved as a conditional use in the zoning district for
which it is proposed.
Findings: Child day care facilities are a conditional use in the Commercial
zoning district.
(b) The conditional use will be in accordance with the general objectives, or with any
specific objective, of the city’s comprehensive plan and the unified development
code (UDC).
Findings: On the 2030 Planned Land Use map, the properties are guided as
Neighborhood Commercial, which is described as “small-scale commercial
uses embedded within or adjacent to residential areas”. The proposed day
care facility is in conformance with this land use designation. Prior to the 2018
zoning code update, this property was zoned as Neighborhood Commercial,
but it was rezoned to Commercial with that update.
(c) The conditional use will be designed, constructed, operated, and maintained so as
to be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the essential
character of the same area.
Findings: The property is located on the edge of a commercial area that
transitions into a residential area. Since 1966 the commercial building has
7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION
PAGE 3 OF 4
existed at this location and since the building and parking lot will not be
enlarged with the proposed day care use, the character of the vicinity will not
change.
(d) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently
addressed to mitigate negative impacts on nearby uses.
Findings: The proposed use is not expected to generate unusual noise
impacts, but the existing eight foot tall wooden fence will serve to screen
outdoor use of the day care facility. Hours of operation will be similar to other
commercial uses in the area. No new exterior lighting is proposed for the
property.
(e) Parking is adequately provided for the proposed conditional use.
Findings: According to UDC requirements 15 parking spaces are required for
this use. The site plan provides 25 spaces.
(f) In the approval of a conditional use permit, the City Council may impose such
conditions as it determines is necessary to make the use compatible with other uses
allowed in the same district zone or vicinity.
Findings: The proposed conditions of approval for the CUP are found in section
C of this staff report.
Use specific standards
The following is the relevant use specific standard in city code section 515.19, Subd. 7 for
approval of child day care facilities, followed by staff’s findings of the standard.
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.
Findings: In the 2030 Comprehensive Plan 56th Avenue is identified
as a minor arterial street. There is an existing sidewalk along 56th
Avenue.
Notable Site Plan Elements
The following is a description of notable site plan elements:
1) Parking. According to UDC requirements 15 parking spaces are required for
this use. The site currently contains 19 parking spaces. The applicant will
have the existing pavement behind the building striped for six employee
parking spaces, bringing the number of spaces on the property to 25.
2) Child pick up and drop off. The applicant is proposing to have children picked
up and dropped off directly in front of the building entrance facing 56th
Avenue North. Child drop off will occur between 6:30 and 8:30 AM and pick
up will occur between 4:00 and 6:00 PM. The city’s public works director, the
7200 – 56TH AVENUE NORTH – CONDITIONAL USE PERMIT APPLICATION
PAGE 4 OF 4
police department, and West Metro Fire Rescue District have reviewed this
child pick up and drop off plan and found it adequate to meet vehicle
movement within the site, including fire trucks. With the low number of
children attending this day care, traffic impacts to the area are not expected
to be noticeable.
3) Pedestrian connections – There is an existing public sidewalk along 56th
Avenue North.
4) Screening. There is an existing wooden fence along the property lines
adjacent to the residential homes. There will be no rooftop mechanical to
screen. Refuse containers will be stored in a shed in the back of the
property.
5) Exterior lighting. The applicant is not proposing to add exterior lighting to the
property.
C. REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the CUP to allow A Better Childcare to operate a child
day care facility at 7200 – 56th Avenue North. The Commission may reference the
findings in Section B, above. Staff recommends approval of the conditional use permit,
subject to the following conditions of approval:
1. Compliance. This conditional use permit is subject to the applicable requirements of
the city code, and the applicant is required to comply with all applicable federal,
state, and local laws, rules, regulations, and ordinances, and is required to obtain
such other permits and permissions as may be required.
2. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant or term of this conditional use permit shall not be deemed to be
a waiver of such condition, covenant, or term or any subsequent violation of the
same or any other condition, covenant, or term.
3. Revocation. The violation of any terms or conditions of this conditional use permit
including, but not limited to, any applicable federal, state, or local laws, rules,
regulations, and ordinances, may result in revocation of the conditional use permit.
The applicant shall be given written notice of any violation and reasonable time, as
determined by the City, to cure the violation before a revocation of the permit will
occur.
4. Binding Effect. This conditional use permit, and the conditions placed on it, are
binding on the applicant, their successors and assigns, shall run with the property,
and shall not in any way be affected by the subsequent sale, lease, or other change
from current ownership, until the conditional use permit is terminated or revoked as
provided herein. The obligations of the applicant under this conditional use permit
shall also be the obligations of the current and any subsequent owners of the
property.
5. Acceptance of Conditions. Utilization of the property for any of the uses allowed by
this conditional use permit shall automatically be deemed acceptance of, and
agreement to, the terms and conditions of this conditional use permit without
qualification, reservation, or exception.
City Council action is anticipated on May 21, 2019.
Site Location and Public Hearing Notice Mailing Map
7200 – 56th Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
7200 – 56th Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
2030 Planned Land Use Map
7200 – 56th Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment C
Attachment D
Conditional Use Permit Application Checklist
Below please find the correspondences for question one on the conditional use permit project narrative.
a)7200 Bass Lake Rd is part of the C zoning district.
b)7200 Bass Lake Rd is currently vacant but was previously used as a liquor store.
c)We propose the property be used as a childcare center. We will operate Monday through Friday
between the hours of 6:30 a.m. and 6 p.m. We hope to have 8 infants between the ages of 6
weeks and 16 months, 12 toddlers between the ages of 16 months and 32 months, 18
preschoolers between the ages of 32 months and Kindergarten, 12 school-age children. The
exact child count will be determined by licensing. Our plan has present occupancy based on the
room dimensions.
d)Our proposed use of a childcare center is allowed in the C zoning district.
e)The city’s comprehensive planned land use map shows 7200 Bass Lake Rd as general
commercial. We would meet this accordance because we are a business. We will be reusing the
building for a new purpose. Our childcare center will not negatively impact the neighboring
community or businesses. 7200 is a free-standing building located on a corner. The neighboring
area is protected in a variety of ways which include an 8-foot wood fence, we feature our own
parking lot with ample parking. Our parking lot is not shared with any other business. Parent
drop off and pick up will be located in the front parking lot where parents will enter the main
entrance to drop off and pick up which prevents any congestion or traffic which could impact
neighboring businesses. We will post signage and inform parents that pick up and drop off
parking is located in the front of the building.
f)We will operate as an affordable childcare center. The existing building will be built out to
include four classrooms. We plan to add a fenced in playground area in the rear of the building.
The exterior of the building structure will not change and will remain harmonious. The only
change to the outside will be the play area which will be added in the rear.
g)Our hours of operation will be Monday through Friday from 6:30 a.m. to 6 p.m... Children will be
allowed to play outside between the hours of 9-9:30 which allows for 15 minutes for each group
of children. Children will then be given 30 minutes of recess for each room between the hours
or 11:30 and 12:30. Finally, children will have the opportunity to play between the hours of 4:30
to 5. The space currently has an 8-foot fence that separates 7200 from the business next to it as
well as the residence located behind it. This fence along with the trees and hedges will help to
lower the noise of the children at play. One classroom of children will be allowed on the
playground at a time for a designated amount of time listed between the times above.
h)There are 15 parking spaces located in the front of the building which will be used for parent
drop off and pick up. The city requires 10 spaces for a childcare center. There are also 6
additional spaces located in the rear which will be used for staff parking.
i)There are two specific standards in the city code section 515. One is side set back which is met
in the commercial district. The other is 56th Ave is a minor arterial.
Attachment E
Response to CUP changes/additional information needed
1. The shed located on the side of the building will be 7 feet or less, feature a fence behind it
and will be 3 feet from the property line fence.
2. The property owner will be striping the six parking stalls located in the rear for staff parking.
3. There will be no additional exterior lights added. We are more than adequately lite with the
existing LED lights.
4. As for trash purposes we will have 3 95-gallon trash containers and one recycling container
which will be stored in a small pre-fabricated garden shed. Trash and Recycling will be
picked up once a week.
5. It is yet to be determined if a new rooftop unit will be needed. We currently have two units
that are centrally located on the roof. The need for a third unit will be decided by the design
mechanics and we will investigate screening for any new unit we provide at that time.
6. No new trees will be added and the only landscaping that will be done is for the safety base
and playground area to make the ground safe for children.
1
Dan Olson
From:MELODIE HANSON <mhanson504@comcast.net>
Sent:Tuesday, April 30, 2019 10:10 AM
To:Dan Olson
Subject:RE: Land Use Application 2019 - 05
Thank you, Dan. As a neighboring resident, I do not have any objections to this land use application
permit.
Thank you for sharing with neighboring residents.
Melodie
On April 30, 2019 at 8:16 AM Dan Olson <Dan.Olson@crystalmn.gov> wrote:
Hi Melodie – Thanks for your questions. The answers are in red, below. If you have any other
questions, let me know.
Dan Olson
City Planner, City of Crystal
763-531-1142 | Main: 763-531-1000 | www.crystalmn.gov
4141 Douglas Dr. N. | Crystal, MN 55422-1696
From: MELODIE HANSON [mailto:mhanson504@comcast.net]
Sent: Tuesday, April 30, 2019 3:51 AM
To: Dan Olson <Dan.Olson@crystalmn.gov>
Subject: Land Use Application 2019 ‐ 05
Dear Dan:
Attachment F
2
I received the Public Hearing Notice for Land Use Application 2019-05, A Better
Childcare.
Could you advise the following, if known:
a) Hours of Operation 6:30 am to 6:00 pm, Monday through Friday.
b) Childcare capacity proposed (number of children to be served at this proposed
site). The applicant has said the capacity is 50 children.
Thank you,
Melodie Hanson
5624 Nevada Ave N
Crystal, MN 55428
763-291-8413
EXISTING 8'-0" HIGH
CEDAR BOARD
FENCE
EXISTING 8'-0" HIGH
CEDAR BOARD
FENCE
NEW 6'-0" HIGH
CHAIN LINK
FENCE
NEW
1,500 SF
PLAY
GROUND
NEW PLAYGROUND
STORAGE SHED-
MIN. 3' FROM
PROPERTY LINE
(6) NEW STAFF
PARKING SPACES
(15) EXISTING
PARKING STALLS
TRASH ENCLOSURE
TO BE PRE-FAB
STORAGE SHED
NEW 6'-0"
HIGH CHAIN
LINK FENCE
DATE:SHEET NO:
BASS LAKE CHILDCARE
7200 BASS LAKE ROAD
CRYSTAL, MN
SITE-01Rev1 24 APR 2019
PROJECT:PROPOSED CHILDCARE PLAYGROUND
6730 151st STREET
SAVAGE, MN 55378
PH: 952-240-7050
WWW.CREADORARCH.COM
Attachment G
IRON HORSE ADDITION – PRELIMINARY PLAT APPLICATION
PAGE 1 OF 5
_____________________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for May 13 Meeting)
DATE: May 7, 2019
RE: PUBLIC HEARING - Subdivision request (Preliminary Plat) by the City
of Crystal for Iron Horse Addition (Application Number 2019-06)
A. BACKGROUND
On March 5, 2019 the City Council determined that the west end of Iron Horse
Park is surplus land and that it should be subdivided and sold for construction of
three new single-family homes. Proceeds from the sale of the lots will be used to
fund park improvements. The plat creating these lots is named Iron Horse
Addition and the site is zoned Low Density Residential (R-1). Notice of the May
13 public hearing was published in the Sun Post on May 2 and mailed to owners
within 500 feet (attachment A). A hearing notice was also sent to the City of New
Hope since the property is adjacent to the New Hope/Crystal boundary line.
Attachments:
A. Site location and public hearing notice mailing map
B. Existing zoning map
C. Windsor Ridge plat in New Hope
D. Proposed Iron Horse Addition preliminary plat
B. PROPOSED PROPERTY SUBDIVISION
Existing use
With the exception of a backstop for a ballfield, the western area of Ironhorse
Park is a vacant area of the park, which is addressed as 5155 Kentucky Avenue
North.
PLANNING COMMISSION STAFF REPORT
Proposed Iron Horse Addition Preliminary
Plat
IRON HORSE ADDITION – PRELIMINARY PLAT APPLICATION
PAGE 2 OF 5
Proposed use
Because of the City Council determination that part of the park is surplus land,
the city is replatting Lots 1-5, Block 1, Jayflo Subdivision into the Iron Horse
Addition which will have three lots for new home construction and a dedicated
park parcel for Iron Horse Park. The three new single-family homes are to be
addressed as 5160, 5168 and 5176 Louisiana Avenue North. The rest of the
platted area will be dedicated on the plat as park land and will be addressed as
5180 Kentucky Avenue North. The homes within the Iron Horse Addition will be
developed in coordination with the Windsor Ridge single-family home
development located in New Hope, just west of Iron Horse Park (attachment C).
The Windsor Ridge plat was recently approved by the New Hope City Council.
Parcel Area Details
156,275 sq. ft. (3.6 acres) Total area to be replatted
122,123 sq. ft (2.8 acres) Area for Iron Horse Park (platted park land)
- 3,555 sq. ft. (0.08 acre) Right-of-way for Louisiana Avenue
= 34,152 sq. ft. (0.8 acre) Area remaining for the three new lots
14,982 sq. ft. (0.3 acre) Lot 1 (new 5160 Louisiana)
10,260 sq. ft. (0.2 acre) Lot 2 (new 5168 Louisiana)
8,910 sq. ft. (0.2 acre) Lot 3 (new 5176 Louisiana)
Subdivision design features
The proposed plat would be named Iron Horse Addition. The following are the
notable design features of this subdivision:
1. Zoning Requirements
Building setbacks – Any homes on these three proposed properties will
meet the setbacks required for the R-1 district, which are 30 feet for the
front and rear property lines. Side setbacks will be controlled by the five
foot drainage and utility easements. No part of the homes, including
eaves, may be located within a drainage and utility easement.
Lot size and area – The proposed lots meets the minimum lot area (6,000
sq. ft.), width (50’), and depth (100’) requirements of the R-1 district. For
lots located on a curve, such as the lots in the Iron Horse Addition plat, lot
width is measured at the front setback line.
Residential density. The area included in the Iron Horse Addition will have
a required maximum gross density of no more than six units per gross
acre. “Gross” includes public areas such as street right-of-ways in the
IRON HORSE ADDITION – PRELIMINARY PLAT APPLICATION
PAGE 3 OF 5
density calculation. In the case of the Iron Horse Addition, gross density is
calculated as follows:
34,152 sq. ft – Total area to be replatted for residential use
3,555 sq. ft. – The portion of the new Louisiana Avenue right-of-
way east of the centerline
37,707 sq. ft (0.86 acres) - Total area included in the density
calculation. Gross density is calculated by dividing 3 housing units
by 0.86 acres
3.5 units per gross acre for Iron Horse Addition
2. Street and Pedestrian Access
Street access – Louisiana Avenue North currently is a dead-end where it
meets the park boundary, but the street will be extended southward to
provide curb cut access for these three lots. The street pavement will be
28 feet in width. The eastern half of the street right-of-way is being
dedicated with the Iron Horse Addition plat, and the western half is
dedicated with the Windsor Ridge plat.
Pedestrian connections – There is not a sidewalk accessing these three
lots, but a new sidewalk will be constructed along the eastern side of
extended Louisiana Avenue in front of these homes. This sidewalk was
required by the City of New Hope for the Windsor Ridge development.
3. Utilities
The proposed new homes will connect with existing water and proposed
sanitary sewer mains. These utilities will either be installed by the developer
of the Windsor Ridge development or separately by the City of Crystal or its
contractor. There are existing overhead private utility lines on the along the
park’s north property line. New drainage and utility easements are dedicated
with this new plat. New private utility services to the new homes, such as
Xcel Energy, Century Link and Comcast, will be buried underground.
4. Grading, Drainage and Erosion Control – The city does not require a grading,
drainage and erosion control plan for parcels under one acre in size. However
during home construction, the city will require erosion control techniques to be
used on-site including silt fences and inlet protection.
5. Landscaping – There are several existing trees in the Louisiana Avenue street
right-of-way. These trees will be removed so that the street may be extended
southward for the Windsor Ridge development. The UDC requires the builder
to plant one new tree in the front yard of the new Crystal homes.
6. Park dedication – Because net revenue from the lot sales will go into the
Parks Capital Fund, and park dedication fees are deposited into the same
fund, the park dedication requirement is already being met.
C. SUBDIVISION CRITERIA
The following are the relevant criteria for approval of subdivisions in city code
section 510.25.
IRON HORSE ADDITION – PRELIMINARY PLAT APPLICATION
PAGE 4 OF 5
1. The proposed subdivision must be in compliance with the provisions of
this UDC.
Findings: The proposed subdivision meets UDC requirements.
2. The proposed subdivision must be in accordance with the objectives of the
city’s comprehensive plan.
Findings: The proposed subdivision meets the density requirements
of the low density residential land use category.
3. The physical characteristics of the site, including but not limited to,
topography, vegetation, susceptibility to erosion and sedimentation,
susceptibility to flooding, water storage and retention, must be such that
the site is suitable for the type of development of uses contemplated.
Findings: The characteristics of the site are conducive to the
construction of three new single-family homes.
D. REQUESTED ACTION
Staff is recommending approval of the Iron Horse Addition preliminary plat with
the following conditions:
1. Overhead utilities. If the overhead utility lines on these properties are
relocated or extended, the lines shall be buried underground. New private
utilities, such as Xcel Energy, Center Point Energy, or Comcast shall be
buried underground. Under no circumstances shall additional overhead
utilities be installed, whether main lines, feeder lines or service lines to the
new houses.
2. Compliance. Development of the plat is subject to the applicable requirements of
the Crystal City Code. The applicant is required to comply with all applicable
federal, state, and local laws, rules, regulations, and ordinances in developing the
plat and is required to obtain such other permits and permissions as may be
required.
3. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant or term of this plat approval shall not be deemed to be a waiver
of such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
4. Binding Effect. The conditions placed on this preliminary approval are binding on
the applicant, its successors and assigns, shall run with the property, and shall not
in any way be affected by the subsequent sale, lease, or other change from current
ownership. The obligations of the applicant under this approval shall also be the
obligations of the current and any subsequent owners of the property.
IRON HORSE ADDITION – PRELIMINARY PLAT APPLICATION
PAGE 5 OF 5
5. Acceptance of Conditions. Utilization of the property for any of the uses
allowed by this preliminary approval shall automatically be deemed
acceptance of, and agreement to, the terms and conditions without
qualification, reservation, or exception
City Council action is anticipated on May 21, 2019.
Site Location and Public Hearing Notice Mailing Map
5155 Kentucky Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
5155 Kentucky Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
IRON HORSE PARK-0+500+001
+
0
0
2+00
3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+0014+0015+0015+00-0+500+0013+36.6915+00GF 897.0
LO 893.0
GF 896.2
LO 892.2
GF 897.5
LO 893.5
GF 898.0
LO 894.0
GF 898.5
LO 894.5
GF 899.5
LO 895.5
GF 900.0
LO 896.0
GF 901.5
LO 897.5
GF 902.5
LO 897.5
GF 904.5
LO 896.5
GF 905.5
LO 897.5
GF 907.0
LO
899.0903.0
GF 908.0
LO 904.0GF 909
.5LO 906
.0
GF 906.0
LO
900.0
904.0
GF 905.0
LO 899.0
GF 903.0
LO 899.0
GF 902.0
LO 899.0
GF 900.5
LO 899.0
GF 900.0
LO 899.0
GF 899.0
LO 899.0
GF 899.0
LO 899.0
GF 899.0
LO 899.0
GF 898.0
LO 898.0
GF 897.0
LO 897.0
GF 895.5
LO 895.5
GF 895.0
LO 895.0
GF 894.0
LO 894.0
GF 893.5
LO 889.5
GF 907.5
LO 906.5
GF 910.0LO906.0910.051st Ave NG
F
9
0
8
.
5
L
O
9
0
4
.
5
28'
F-F
50'
ROW
RETENTION POND 1
INFILTRATION POND
40'
40'
25'
25'
25'
25'
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
Plotted: 02 /07 / 2019 8:51 AMW:\2018\18611\CADD DATA\CIVIL\_dwg Sheet Files\SITE PLANOUCKSL
CADD QUALIFICATION
QUALITY CONTROL
PROFESSIONAL SIGNATURE
SUBMITTAL/REVISIONS
3335 PENNSYLVANIA AVE N
CRYSTAL, MN 55427
SVK DEVELOPMENT
NEW HOPE, MN
WINDSOR
RIDGE
02/08/19 CITY SUBMITTAL
COVER SHEETC0-1
EXISTING CONDITIONS &C1-1
DEMOLITION PLAN
SITE PLANC2-1
GRADING PLANC3-1
SWPPP & NOTESC3-2 - C3-3
UTILITY PLANC4-1
SANITARY SEWER &
WATERMAIN PLAN
C4-2 - C4-3
DETAILSC8-1 - C8-2
LANDSCAPE PLANL1-1
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
Todd W. McLouth - PE
Project Lead
Drawn By
Checked By
Loucks Project No.
20383
18611
TWM
ZHW
TWM
02/08/19
STREET & STORM
SEWER PLAN
C5-1 - C5-3
PRELI
MI
N
A
R
Y
N
SCALE IN FEET
0 60 120
PRELIMINARY
PLAT & SITE
PLAN
C2-1
TOLL FREE: 1-800-252-1166TWIN CITY AREA: 651-454-0002
Gopher State One Call
CALL BEFORE YOU DIG!
SITE BENCHMARK: TOP NUT OF HYDRANT LOCATED AT THE SOUTHEAST CORNER OF
PENNSYLVANIA AVE. AND OREGON AVE. AS SHOWN HEREON. ELEVATION = 909.89
(NGVD 29)
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
PROJECT BENCHMARK
1. MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL" PRIOR TO
COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK.
2. THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND
TOPOGRAPHIC FEATURES PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY. THE
CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE
PLANS.
3. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO
ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASE OF THIS PROJECT. THE CONTRACTOR
WILL BE HELD RESPONSIBLE FOR ANY DAMAGES TO ADJACENT PROPERTIES OCCURRING DURING
THE CONSTRUCTION PHASE OF THIS PROJECT.
4. THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL
DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO
CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OF THESE DEVICES SHALL
BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFIC CONTROL DEVICES SHALL
CONFORM TO THE APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS.
5. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL
BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY
OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENT
WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.
6. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE
CONTRACTORS PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE
CONTRACTORS SAFETY MEASURES IN, OR NEAR THE CONSTRUCTION SITE.
7. BEFORE BEGINNING CONSTRUCTION THE CONTRACTOR SHALL INSTALL EROSION AND
SEDIMENTATION CONTROL MEASURES IN ACCORDANCE WITH NPDES PERMIT REQUIREMENTS, BEST
MANAGEMENT PRACTICES, STATE AND LOCAL REQUIREMENTS AND THE DETAILS SHOWN ON THE
DETAIL SHEET(S) OF THE PROJECT PLANS.
8. ALL CONSTRUCTION PERMITS, APPLICATIONS AND FEES ARE THE RESPONSIBILITY OF THE
CONTRACTOR.
9. ALL ENTRANCES AND CONNECTIONS TO CITY STREETS SHALL BE CONSTRUCTED PER THE
REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR ALL PERMITS AND NOTIFICATIONS AS REQUIRED.
10.ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY.
ALL TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER
THE REQUIREMENTS OF THE MINNESOTA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES
(MUTCD) AND THE CITY. THIS SHALL INCLUDE ALL SIGNAGE, BARRICADES, FLASHERS AND
FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES.
11.ADJUST ALL EXISTING STRUCTURES, BOTH PUBLIC AND PRIVATE TO THE PROPOSED GRADES WHERE
DISTURBED AND COMPLY WITH ALL REQUIREMENTS OF THE UTILITY OWNERS. STRUCTURES BEING
RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING.
12.EXISTING TOPOGRAPHY PROVIDED BY LOUCKS ASSOCIATES, TOPOGRAPHIC SURVEY DATED
01/08/19.
13.THE CONTRACTOR MUST HAVE A CITY LICENSE.
14.A CITY RIGHT-OF-WAY PERMIT IS REQUIRED PRIOR TO WORKING WITHIN CITY ROW.
GENERAL NOTES
SURVEYOR:OWNER/DEVELOPER:
Loucks Associates, Inc.SVK Development
7200 Hemlock Lane, Suite 300 3335 Pennsylvania Avenue North
Maple Grove, MN 55330 Crystal, MN 55427
763-424-5505 612-760-8660
LEGAL DESCRIPTION:
All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying
Northeasterly of the Northeasterly line of the Minneapolis, St. Paul and Sault Ste Marie Railroad right of way. (Torrens
Property)
AND
All that part of the Southeast Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, lying North of
the Soo Line Right of Way, Hennepin County, Minnesota (Abstract Property)
Property is Abstract & Torrens - Certificate No. 1477297
DATE OF PREPARATION:
January 31, 2019
BENCHMARK:
MNDOT GSID STA. #81614, 2734 AG
1.0 mile west of Crystal, in the sidewalk in the southwest corner of North Broadway Bridge # 27170 over Trunk Hwy 100,
0.2 mile east along C. R. 81 from the junction of Trunk Hwy 100 and C. R. 81 in Crystal, then 0.1 mile south on C. R. 9
(42nd Ave. N.), then 0.3 mile west on C. R. 8 (West Broadway), 2.0 ft north of a bridge railing.
Elevation = 880.808 FT (NGVD'29)
SITE BENCHMARK:
Top nut of hydrant located at southeast corner of Louisiana Avenue N. & Soo Line Place, as shown hereon.
Elevation = 887.52 FT (NGVD'29)
EXISTING ZONING:
Zone (R-1)
PROPOSED ZONING:
Zone (PUD)
AREAS:
Total Property Area = 379,919 +/- Sq.Ft. or 8.72 +/- Acres
Right of way Dedication Area = 63,618 +/- Sq.Ft. or 1.46 +/- Acres
Net Property Area = 316,301 +/- Sq.Ft. or 7.26 +/- Acres
PROPOSED BUILDING SETBACKS:
Front = 25-45 Feet
Side (House) = 10 Feet
Side (Garage)= 5 Feet
Rear = 25 Feet
FLOOD ZONE DESIGNATION:
This property is contained in Zone X (area of minimal flooding) per Flood Insurance Rate Map No. 27053C0211F,
Community Panel No. 270177 0211 F, effective date of November 4, 2016 and Flood Insurance Rate Map No.
27053C0192F, Community Panel No. 270177 0192 F, effective date of November 4, 2016.
PRELIMINARY PLAT GENERAL NOTES
- UNLESS NOTED, BASEMENT FLOOR ELEVATION FOR FULL BASEMENT IS 8.0 FEET BELOW THE GARAGE FLOOR ELEVATION.
- MINIMUM BASEMENT ELEVATION REFLECTS LOWEST FLOOR ELEVATIONS
STREET
NOTES:
SETBACK REQUIREMENTS
CONSTRUCTED HOUSE PAD LIMITS
10' SIDE HOUSE / 5' SIDE GARAGE
25' REAR HOUSE
LOT NUMBER
25' FRONT
GARAGE FLOOR ELEVATION
CURB OR EDGE OF PAVEMENT
CATCH BASIN STREETSETBACK REQUIREMENT
LOT CORNER
BLOCK NUMBER
913.0
917.0
GRADE AT REAR OF HOUSE PAD
(LOWEST OPENING)
LOT EASEMENTS
5' MIN. SIDE/REAR HOUSE
10' MIN. FRONT
25' MIN. CORNER
PUD SETBACKS
LOT
1-16
BLOCK FRONT REAR SIDE
1
2
3-16
1
2
2
2
25
40
40
25
25
25
25
25
5/10
5/10
5/10
5/10
LOT WIDTH MINIMUM 65'
Attachment C
890.3891.4881.6882.4884.1tcc883.94tcc884.30tcc884.34tcc884.06883.3883.6883.7883.5883.6883.9883.6883.4883.3PowerPolePowerPolePowerPole910.2885.5891.1GuyAnchor885.9886.4887.3887.3887.0885.5885.3884.7885.2885.0885.4884.6884.5883.9883.4882.9882.7883.6883.9884.2884.1884.4884.3884.3884.3884.4884.5884.7884.6884.4884.4883.7883.7883.8884.0884.9884.3883.3883.0885.3886.0886.9887.6888.1887.5887.9888.3888.3885.9886.6885.1883.8883.6883.2883.1883.3883.5back stop fenc
eO v e r h e a d W i r e sGarageShedGarageShedConcrete curb 52ND AVE. N.LOUISIANA AVE. N.SOO LINE PLACELOUISIANA AVE. N.SOO LINE R.R.CENTERLINE OF RAILROAD TRACKSWEST LINE OF THE SW 1/4 OF THE NE 1/4 OF SEC. 8, TWP. 118, R.21F e n c e(unimproved)F e n c e50.00found monumentfound monument(Unimproved)T r e e L i n e 886888890
KENTUCKY AVE. S.SOUTH LINE OF THE NW 1/4 OF THE NE 1/4 OF SEC. 8, TWP. 118, R.2124.0 6030F e n c e163.1416.00
16 24NORTH LINE OF SOO LINE RAILROAD50.00JERSEY AVE. S.S 89°59'24" E 848.95N 00°17'35" W 129.02N 82°35'35" E 855.24N 00°14'54" W 239.24
683.95135.00N 00°14'54" W 217.81110.00 66.0041.81166.30S 63°18'29" E 151.43S 89°59'24" E 135.0042.00 66.00N 00°14'54" W 108.00 30.0051STAVE. N.321LOUISIANA AVE. N.P A R K1F e n c eF e n c eB i t u m i n
o
u
s
Hockey Boards
BituminousConcrete CurbConcrete CurbConcrete CurbPlayground EquipmentAreatimbers
O v e r h e a
d
W
i
r
e
s
O v e r h e a d W i r e s
O v e r h e a d W i r e sO v e r h e a d
W
i
r
e
s5555510105 5F e n c e884886 884884882882884886888683.95128.88101.71 128.9025N 45°20'10" E42.008.6510F e n c e tree 12"885.4tree 12"885.2tree 14"884.8tree 12"885.2Adjoining Owner:City of New Hope4401 Xylon Ave. N.New Hope, MN 55428
Adjoining Owner:
Clean Cut Properties
5153 Idaho Ave. N.
Crystal, MN 55428 Adjoining Owner:Donald Kitzman7023 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Lori Ulick7017 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Mike & Christa McKibben7011 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Larry Carlson7005 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Steven & Karen Grotting7105 52nd Ave.. N.Crystal, MN 55428"Iron Horse Park"HydrantAdjoining Owner:Brent Juusola6919 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Michael Kurian6913 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Matthew Prow6907 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:P P Croce6901 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Jamie Haar6823 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:Beth Higman6917 52nd Ave.. N.Crystal, MN 55428Adjoining Owner:K A Bungert6811 52nd Ave.. N.Crystal, MN 55428LightPoleLightPolePowerPoleBUILDING LightPolePowerPolePowerPoleLightPolemonument signSignSignSignSignSignSignBenches on ConcreteTable on Conc.Basketball HoopBasketball Hoop2.6TNH=887.52F:\survey\jayflo subdivision - hennepin\1-2-3-4-5-1\01 Surveying - 88353A\01 CAD\01 Source\01 Survey Base.dwgF.B. No. 1109-08 inv. 88353ALots 1, 2, 3, 4 and 5, Block 1, JAYFLO SUBDIVISION, according to the recorded plat thereof, and situatein Hennepin County, Minnesota and the vacated South 16 feet of Soo Line Place lying adjacent thereto alsovacated Louisiana Avenue dedicated in said JAYFLO SUBDIVISION.Legal description and easements, if any per Title Commitment from Old Republic National Title InsuranceCompany, File No. ORTE745560, dated March 12, 2019.Total Area of Parcel = 156275 sq.ftMN 1MN 2MN 3 Legal DescriptionMiscellaneous NotesFile No.I certify that this plan, specification, or report was prepared by me orunder my direct supervision and that I am a duly Licensed LandSurveyor under the laws of the State of Minnesota.Prepared March 9, 2019.REVISED April 15, 2019.SignedGregory R. Prasch, Minn. Reg. No. 24992CITY OF CRYSTAL4141 Douglas Drive, Crystal, MN 55422PRELIMINARY PLAT PREPARED FORIRON HORSE ADDITIONPRELIMINARY PLAT MN 4PROPOSED LOT INFORMATIONProposed Number of Lots = 3Area of Lot 1, Block 1 = 14982 sq.ftArea of Lot 2, Block 1 = 10260 sq.ftArea of Lot 3, Block 1 = 8910 sq.ftArea of Right of Way dedication = 3555 sq.ftOwner and Developer:Property is in Flood Zone "X" (an area of minimal flooding) per FEMA Map No. 27053C0211F, dated November 4, 2016.ZONING CLASSIFICATION AND STANDARDS:Current and Proposed Zoning - R-1, Low Density Residential Setback Requirements per Zoning Ordinance: Main Structure OnlyFront - 30 feetInterior Side - 5 feetCorner Side Street - 10 feetRear - 30 feet (refer to City Code for more specifics)Minimum Lot Requirements:Lot Area - 6000 sq.ftLot Width - 50 feetLot Depth - 100 feetBuilding Height - 2 stories or 32 feet, whichever is lessMN 5Property located in Section 8, Township 118, Range 21,Hennepin County, Minnesota.Dimensions shown subject to change with approval of final survey.MN 67601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comPersonnel & Contact InformationParts Soo Line Place and Louisiana Ave. N. to be vacated and portion of Louisiana Ave. N. to be rededicated on final plat.MN 7Legend of Symbols and AbbreviationsDenotes Found Iron MonumentDenotes Iron Monument SetBollardLightPower PoleManholeCatch BasinDenotes Existing ContoursBasis of bearings based on County Coordinates from Hennepin CountyPrepared By:DemarcLand Surveying & Engineering7601 73rd Avenue N.Brooklyn Park, MN 55428phone 763-560-3093gregprasch@DemarcInc.comFenceOverhead WiresZoning & Development InformationMN 8City of Crystal, Hennepin County, MNBENCHMARKAttachment D
3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION
PAGE 1 OF 2
_______________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for May 13 Meeting)
DATE: May 7, 2019
RE: Consider recommendation for a proposed specialized care facility at
3501 Douglas Drive North (Application Number 2019-04)
A. BACKGROUND
On April 8, 2019 the Crystal Planning Commission held a public hearing on the
application. After the public hearing was conducted and closed, the Commission voted
5-2 to deny the application and continue the item to May 13, 2019 so that the city
attorney could prepare written findings (rationale) for denial to be considered by the
Commission.
Staff Report Attachments:
A. Proposed Planning Commission resolution - denial
B. Proposed Planning Commission resolution – approval
C. Letter from A-1’s attorney relating to city’s rezoning decision
Attachments A and B are proposed Planning Commission resolutions for recommending
either denial or approval of the rezoning request. Attachment C is a letter from the
applicant’s attorney relating to the city’s rezoning decision. The city attorney will be
present at the May 13th meeting to answer questions the Commission may have about
this letter. Before the May 13th meeting a notice was mailed to the same property
owners who received the public hearing notice providing details of upcoming meetings
related to this application.
B. REQUESTED ACTION
The Planning Commission has three options to consider in making a recommendation
to the City Council on A-1’s rezoning request:
PLANNING COMMISSION STAFF REPORT
Proposed Specialized Care Facility
3501 DOUGLAS DRIVE NORTH – REZONING TO PLANNED DEVELOPMENT APPLICATION
PAGE 2 OF 2
1. Recommend Denial. Based on the action taken by the Planning Commission on
April 8, 2019, the Commission could adopt a resolution recommending denial of the
rezoning (attachment A).
2. Recommend Approval. The Commission could adopt a resolution recommending
approval of the rezoning (attachment B). Staff recommends the following conditions
be made part of any approval:
1. Site Plan. The development shall be constructed according to the site
plan in attachment F of the staff report. Prior to disturbing the site, the
applicant shall:
a. Receive approval by the City Council of lot consolidation and
easement vacation applications to combine the applicant’s six
properties at 3449, 3501, and 3505 Douglas Drive and 3442, 3456,
and 3500 Edgewood Avenue into one parcel, vacate drainage and
utility easements, and provide new easements on the final plat
document.
b. Receive approval of the stormwater management plan by the Bassett Creek
Watershed Management Commission.
c. Sign a site improvement agreement with the city and provide an
escrow to guarantee installation of the parking lot, infiltration basin,
and landscaping plan.
2. Security personnel. The applicant shall retain qualified security personnel
who are employed by a private or public security company for the building
at 3503 Douglas Drive, with one such person on site at any given time.
3. Rental license and inspection. Before A-1 receives a certificate of
occupancy from the city for the specialized care facility, they shall secure
a rental license from the city, and renew this license annually as required
by the city. The required rental licensing shall be the same as for a 30-
unit multiple-family apartment dwelling, which includes an inspection to
verify that the facility meets the property maintenance regulations of
Crystal city code section 425, as may be amended by the City Council.
4. Building permit. The applicant shall apply for a building permit for the
proposed building within one year from the date of City Council decision.
The applicant may request a one-year extension from the City Council of
this deadline date.
3. No Recommendation. If neither resolution is adopted to recommend denial or
approval, then the Commission should approve a motion to forward the application
to the City Council without a recommendation.
C. NEXT STEPS
City Council consideration is anticipated on May 21, 2019. If the Council approves first
reading of the rezoning ordinance, then second reading would be considered at a future
regularly scheduled Council meeting in which the lot consolidation and easement
vacation requests will also be considered.
1
CRYSTAL PLANNING COMMISSION
RESOLUTION NO. 2019-01
RESOLUTION RECOMMENDING DENIAL OF THE REZONING TO PLANNED DEVELOPMENT AND DISAPPROVAL OF A SITE PLAN
WHEREAS, A-1 Reliable Home Care (“Applicant”) submitted an application to the City
of Crystal (“City”) to rezone the property located at 3501 Douglas Drive North in Crystal, which
is legally described in Exhibit A (“Property”), to Planned Development (C-PD); and
WHEREAS, the Applicant has also submitted, and is seeking approval of, a site plan to construct a specialized care facility on the Property as provided in Crystal city code, subsection 510.17; and
WHEREAS, the Property consists of six parcels that the Applicant is also proposing to
replat into a single parcel; and
WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s requests on April 8, 2019, which was continued until May 13, 2019; and
WHEREAS, the Planning Commission finds and determines as follows with respect to
the requested approvals:
1. A portion of the Property is currently zoned Commercial (C) and the other portion ofthe Property is currently zoned Low Density Residential (R-1);
2. The properties surrounding the Property are primarily zoned R-1, with some R-2;
3. The Comprehensive Plan designates a portion of the Property for neighborhood
commercial and the other portion for medium density residential;
4. The request to rezone to C-PD is subject to the procedures set out in Crystal city code,
subsections 510.29 and 510.31;
5. Under Crystal city code, subsection 510.29, subd. 3, when reviewing a rezoning
request the following three criteria are, at a minimum, to be considered:(a)The specific policies and recommendations of the comprehensive plan and othercity plans;
(b)The purpose and intent of this UDC, or in the case of a map amendment, whether
it meets the purpose and intent of the individual district; and
(c)If applicable, the adequacy of a buffer or transition provided between potentially
incompatible districts.
Attachment A
2
6. As to the policies and recommendations of the comprehensive plan, the Planner’s Report points out that the 2030 Comprehensive Plan prohibits the rezoning of the
Property unless the City Council determines that the request is fully consistent with
certain guidelines. While the Planner’s Report recommends finding that the requested
rezoning is consistent with the guidelines, the Planning Commission disagrees.
Specifically, the Planning Commission finds that, with respect to the guideline requiring the development to be compatible with adjacent land uses and systems, the proposed rezoning and resulting use of the Property would not be compatible with the
residential character of the area. The guideline specifically expresses a preference for
townhome structures with separate private entrances and disfavors apartment-style
buildings as is being proposed. Additionally, the guidelines expressly prohibit
commercial uses that are incompatible with adjacent land uses. The Commission heard from a number of residents at the neighborhood meeting and the public hearing that the proposed use is incompatible with the surrounding residential uses. The
Planning Commission agrees that rezoning the Property would produce a use that is
incompatible with the current residential uses and with how the area is guided for the
future. In the plan the City expressly reserved for itself the discretion to deny any
development application that it determines to be incompatible with the guiding principles;
7. The above findings also speak to the second rezoning criteria. For the same reasons
the Planning Commission finds the requested rezoning to not be consistent with the
purpose and intent of the UDC or the surrounding properties;
8. While the Planning Commission heard public comment in opposition to the proposed use, the public comment is not the sole basis for this recommendation. The Planning Commission understands that while public opposition can be considered, it cannot
constitute the sole basis for a zoning decision. In this case, the Planning Commission
determines the rezoning request does not satisfy criteria the City Council established
for itself when making these legislative decisions;
9. A rezoning request is a legislative decision that is left to the broad discretion of the
City Council. The City Council’s decision must be upheld unless it is proven to be
“unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare.” State, by Rochester Association of Neighborhoods v. City of Rochester, 268 N.W.2d 885, 888 (1978). Furthermore a “city council has broad
discretion in legislative matters, and even if the city council's decision is debatable, so
long as there is a rational basis for what it does, the courts do not interfere.” Honn v.
City of Coon Rapids, 313 N.W.2d 409, 415 (Minn. 1981); and
10. Having found the requested rezoning is not consistent with the guidelines in the Comprehensive Plan or the criteria in the Code, the Planning Commission recommends that the requested rezoning be denied and, therefore, also recommends
denial of the site plan proposed for the use.
3
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Crystal, based on the record of this matter and the findings and determinations contained herein,
hereby recommends the City Council deny the Applicant’s request to rezone the Property to
Planned Development and further recommends that the site plan to allow for the construction of
a specialized care facility on the Property be disapproved as it proposes a use that is not allowed
without rezoning. Adopted by the Crystal Planning Commission this 13th day of May, 2019.
____________________________ Chair, Crystal Planning Commission
4
EXHIBIT A
Legal Description of the Property
Parcel 1: Lot 1, Block 1, Douglas Medical Plaza, Hennepin County, Minnesota;
Parcel 2: Lots 1, 2 and 3, Block 1, Douglas Plaza Addition, Hennepin County, Minnesota;
Parcel 3: Lots 1 and 2, Block 1, Andersons Gardendale Acres, Hennepin County, Minnesota.
1
CRYSTAL PLANNING COMMISSION
RESOLUTION NO. 2019-01
RESOLUTION RECOMMENDATION APPROVAL OF REZONING TO PLANNED
DEVELOPMENT AND APPROVAL OF A SITE PLAN
WHEREAS, A-1 Reliable Home Care (“Applicant”) submitted an application to the City
of Crystal (“City”) to rezone the property located at 3501 Douglas Drive North in Crystal, which
is legally described in Exhibit A (“Property”), to Planned Development (C-PD); and
WHEREAS, the Applicant has also submitted, and is seeking approval of, a site plan to
construct a specialized care facility on the Property as provided in Crystal city code, subsection
510.17; and
WHEREAS, the Property consists of six parcels that the Applicant is also proposing to
replat into a single parcel; and
WHEREAS, the Planning Commission held a public hearing regarding the Applicant’s
requests on April 8, 2019, which was continued to May 13, 2019; and
WHEREAS, the Planning Commission finds and determines as follows with respect to
the requested approvals:
1.A portion of the Property is currently zoned Commercial (C) and the other portion of
the Property is currently zoned Low Density Residential (R-1);
2.The properties surrounding the Property are primarily zoned R-1, with some R-2;
3.The Comprehensive Plan designates a portion of the Property for neighborhood
commercial and the other portion for medium density residential;
4.The request to rezone to C-PD is subject to the procedures set out in Crystal city code,
subsections 510.29 and 510.31;
5.Under Crystal city code, subsection 510.29, subd. 3, when reviewing a rezoning
request the following three criteria are, at a minimum, to be considered:
(a)The specific policies and recommendations of the comprehensive plan and other
city plans;
(b)The purpose and intent of this UDC, or in the case of a map amendment, whether
it meets the purpose and intent of the individual district; and
(c)If applicable, the adequacy of a buffer or transition provided between potentially
incompatible districts;
Attachment B
2
6.As to the policies and recommendations of the comprehensive plan, the Planner’s
Report points out that the 2030 Comprehensive Plan prohibits the rezoning of the
Property unless the City Council determines that the request is fully consistent with
certain guidelines for the potential redevelopment area that the Applicant’s site is
located in. The Planning Commission agrees with the findings in the Planner’s
Report which finds that the requested rezoning is consistent with these guidelines;
7.The above findings also speak to the second rezoning criteria. For the same reasons
the Planning Commission finds the requested rezoning to be consistent with the
purpose and intent of the UDC or the surrounding properties, including that the
rezoning to Planned Development meets the Development Standards for Planned
Developments in Crystal city code, subsection 515.13;
8.Deciding whether to rezone property is a policy question that requires the City to
exercise its legislative discretion; and
9.The Planning Commission also finds that the proposed site plan is consistent with the
UDC and recommends the City Council approve it.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
Crystal, based on the record of this matter and the findings and determinations contained herein,
hereby recommends approval of the Applicant’s request to rezone the Property to Planned
Development and further recommends approval of the site plan to allow for the construction of a
specialized care facility on the Property.
Adopted by the Crystal Planning Commission this 13th day of May, 2019.
____________________________
Chair, Crystal Planning Commission
3
EXHIBIT A
Legal Description of the Property
Parcel 1: Lot 1, Block 1, Douglas Medical Plaza, Hennepin County, Minnesota;
Parcel 2: Lots 1, 2 and 3, Block 1, Douglas Plaza Addition, Hennepin County, Minnesota;
Parcel 3: Lots 1 and 2, Block 1, Andersons Gardendale Acres, Hennepin County, Minnesota.
^HELLMUTH JOHNSON .'.^
ATTORNEYS AT LAW
WRITER'S DIRECT DIAL No.: (952) 746-2198
E-MAIL: MKLEMM@HJLAWFIRM.COM
MSBA BOARD CERTIFIED SPECIALIST
REAL PROPERTT LAW
April 23,2019
Kennedy & Graven
Attn: Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Re: A-l Reliable Home Care Inc.
Our File No.: 27907.0001
Dear Mr. Gilchrist:
Via e-mail and U.S, Mail
t ilchrist dr kenned - raven.com
City of Crystal (the "City")
This firm represents A-l Reliable Home Care Inc. ("A-1") in connection with its application for
rezoning to Planned Development for a proposed specialized care facility at 3501 Douglas Drive
North (Application No. 2019-04). Based on my review of the Planning Commission packet and
audio recording of the April 8, 2019, public hearing, it appears that the Planning Commission
intends to recommend denial of the application on a discriminatory basis in violation of the Fair
Housing Act and the Americans with Disabilities Act.
As noted in the Staff Report, A-l is proposing to construct a new specialized care facility to provide
housing for individuals with brain injuries and individuals with diagnosed mental health conditions.
The facility would be registered as a "housing with services establishment" under Minnesota
Statutes Chapter 144D and would be regulated by the Minnesota Department of Health and Human
Services.
As described in the Staff Report, the portion of the property facing Douglas Drive is zoned
Commercial (C), while the rear of the property is zone Low Density Residential (R-l). Specialized
care facilities are a permitted use in the Commercial zoning district. A-l is proposing to consolidate
the lots into one parcel and rezone the property to Planned Development (C - PD), with an
underlying zoning of Commercial, to allow more than one principal building on the property. In
addition, the Comprehensive Plan designates the site as a redevelopment area called Special Area
Plan B, and City Staff determined that the proposed specialized care facility meets the requirements
of the City's 2030 Comprehensive Plan, including the guidelines for Special Area Plan B.
The Staff Report recommends approval of the rezoning to Planned Development, subject to five
conditions of approval, including a requirement that A-l obtain a rental license from the City.
8050 West 78th Street, Edina, MN 55439 T 952-941-4005 F 9 52-941-2 33 7 www.hjlawfirm corn
Attachment C
Kennedy & Graven
Attn: Troy J. Gilchrist
April 23, 2019
Page 2
The public hearing lasted for approximately two hours, and the questions and concerns raised by
Planning Commission members and neighborhood residents focused on fears and concerns related
to the disability of the individuals who would be served by the proposed housing. For example,
there were extensive questions and comments regarding administration of medication, staffing,
security systems and procedures to prevent escape, and the safety of women and children in the
neighborhood.
Following the public hearing, a motion was made and seconded to continue and deny the
application and to direct the City Planner and the City Attorney to prepare findings to support a
recommendation for denial at the May 13 meeting. The Planning Commission's discussion of the
basis for denial consisted solely of the following statement:
I'm just going to say that at this time, I think with the amount of concerns that the residents,
and just the fact that so many of the residents have shown up with concerns about the facility
and a lot if it can't be answered yet because it is so much details that they haven't been able
to answer because they are like, well we are not that far yet, it is just not wise for us to
approve this facility yet."
The motion was approved by a five-to-two vote.
Based on the public record, including the Planning Commission packet and the audio recording of
the public hearing and Planning Commission deliberations, it is clear that discrimination on the
basis of disability is a motivating factor (and apparently the sole factor) in the Planning
Commission's proposed recommendation for denial of A-l 's application for rezoning.
Please find enclosed a copy of the Joint Statement of the U.S. Department of Housing and Urban
Development and the U.S. Department of Justice Regarding State and Local Land Use Laws and
Practices and the Application of the Fair Housing Act, dated November 10, 2016. As noted on
page 5 of the Joint Statement:
When enacting or applying zoning or land use laws, state and local governments may not act
because of the fears, prejudices, stereotypes, or unsubstantiated assumptions that community
members may have about current or prospective residents because of the residents' protected
characteristics.
In the event that the City denies A-1's application, we will advise our client regarding legal
remedies and alternatives under the Fair Housing Act and other applicable laws. As noted in the
Joint Statement, the Fair Housing Act gives the U.S. Department of Housing and Urban
Development the power to receive, investigate and conciliate complaints that a city has
discriminated in exercising its land use and zoning powers, and after investigation, the U.S.
Department of Housing and Urban Development refers matters it believes may be meritorious to the
U.S. Department of Justice.
Kennedy & Graven
Attn: Troy J. Gilchrist
April 23, 2019
Page 3
As legal counsel for A-1, we truly hope that the City will not continue to be improperly influenced
by the prejudice of its residents. We are hopeful that the City will do the right thing and will
approve our client's application. Please contact me if you have any questions or if you would like
to discuss this matter.
Very truly yours,
HELLMUTH & JOHNSON, PLLC
/k^U^/^ -
Michael D. Klemm
Attorney at Law
MDK/law
Enc.
ec: A-l Reliable Home Care Inc. (w/enc.)
David G. Hellmuth, Esq. (w/o enc.)
27907.0001 -4115343 1
^"T^'.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY
U.S. DEPARTMENT OF JUSTICE
CIVIL RIGHTS DFVISION
Washington, D.C.
November 10, 2016
JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND THE DEPARTMENT OF JUSTICE
STATE AND LOCAL LAND USE LAWS AND PRACTICES AND THE APPLICATION
OF THE FAIR HOUSING ACT
INTRODUCTION
The Department of Justice ("DOJ") and the Department of Housing and Urban
Development ("HUD") are jointly responsible for enforcing the Federal Fair Housing Act ("the
Act"),1 which prohibits discrimination in housing on the basis of race, color, religion, sex,
disability, familial status (children under 18 living with a parent or guardian), or national origin.
The Act prohibits housing-related policies and practices that exclude or otherwise discriminate
against individuals because of protected characteristics.
The regulation of land use and zoning is traditionally reserved to state and local
governments, except to the extent that it conflicts with requirements imposed by the Fair
Housing Act or other federal laws. This Joint Statement provides an overview of the Fair
Housing Act's requirements relating to state and local land use practices and zoning laws,
including conduct related to group homes. It updates and expands upon DOJ's and HUD's Joint
' The Fair Housing Act is codified at 42 U.S.C. §§ 3601-19.
The Act uses the term "handicap" instead of "disability." Both terms have the same legal meaning. See Bragdon
v. Abbott, 524 U.S. 624, 631 (1998) (noting that the definition of "disability" in the Americans with Disabilities Act
Statement on Group Homes, Local Land Use, and the Fair Housing Act, issued on August 18,
1999. The first section of the Joint Statement, Questions 1-6, describes generally the Act's
requirements as they pertain to land use and zoning. The second and third sections. Questions 7-
25, discuss more specifically how the Act applies to land use and zoning laws affecting housing
for persons with disabilities, including guidance on regulating group homes and the requirement
to provide reasonable accommodations. The fourth section. Questions 26-27, addresses HUD's
and DO J's enforcement of the Act in the land use and zoning context.
This Joint Statement focuses on the Fair Housing Act, not on other federal civil rights
laws that prohibit state and local governments from adopting or implementing land use and
zoning practices that discriminate based on a protected characteristic, such as Title II of the
Americans with Disabilities Act ("ADA"),3 Section 504 of the Rehabilitation Act of 1973
("Section 504"),4 and Title VI of the Civil Rights Act of 1964.5 In addition, the Jomt Statement
does not address a state or local government's duty to affirmatively further fair housing, even
though state and local governments that receive HUD assistance are subject to this duty. For
additional information provided by DOJ and HUD regarding these issues, see the list of
resources provided in the answer to Question 27.
Questions and Answers on the Fair Housing Act and
State and Local Land Use Laws and Zoning
1. How does the Fair Housing Act apply to state and local land use and zoning?
The Fair Housing Act prohibits a broad range of housing practices that discriminate
against individuals on the basis of race, color, religion, sex, disability, familial status, or national
origin (commonly referred to as protected characteristics). As established by the Supremacy
Clause of the U.S. Constitution, federal laws such as the Fair Housing Act take precedence over
conflicting state and local laws. The Fair Housing Act thus prohibits state and local land use and
zoning laws, policies, and practices that discriminate based on a characteristic protected under
the Act. Prohibited practices as defined in the Act include making unavailable or denying
housing because of a protected characteristic. Housing includes not only buildings intended for
occupancy as residences, but also vacant land that may be developed into residences.
is drawn almost verbatim "from the definition of 'handicap' contained in the Fair Housing Amendments Act of
1988"). This document uses the term "disability," which is more generally accepted.
342U.S.C.§12132.
429U.S.C.§794.
5 42 U.S.C. § 2000d.
2. What types of land use and zoning laws or practices violate the Fair Housing Act?
Examples of state and local land use and zoning laws or practices that may violate the
Act include:
. Prohibiting or restricting the development of housing based on the belief that the
residents will be members of a particular protected class, such as race, disability,
or familial status, by, for example, placing a moratoriiun on the development of
multifamily housing because of concerns that the residents will include members
of a particular protected class.
. Imposing restrictions or additional conditions on group housing for persons with
disabilities that are not imposed on families or other groups of unrelated
individuals, by, for example, requiring an occupancy pennit for persons with
disabilities to live in a single-family home while not requiring a pemiit for other
residents of single-family homes.
. Imposing restrictions on housing because of alleged public safety concerns that
are based on stereotypes about the residents' or anticipated residents' membership
in a protected class, by, for example, requiring a proposed development to provide
additional security measures based on a belief that persons of a particular
protected class are more likely to engage in criminal activity.
. Enforcing otherwise neutral laws or policies differently because of the residents'
protected characteristics, by, for example, citing individuals who are members of
a particular protected class for violating code requirements for property upkeep
while not citing other residents for similar violations.
. Refusing to provide reasonable accommodations to land use or zoning policies
when such accommodations may be necessary to allow persons with disabilities
to have an equal opportunity to use and enjoy the housing, by, for example,
denying a request to modify a setback requirement so an accessible sidewalk or
ramp can be provided for one or more persons with mobility disabilities.
3. When does a land use or zoning practice constitute intentional discrimination in
violation of the Fair Housing Act?
Intentional discrimination is also referred to as disparate treatment, meaning that the
action treats a person or group of persons differently because of race, color, religion, sex,
disability, familial status, or national origin. A land use or zoning practice may be intentionally
discriminatory even if there is no personal bias or animus on the part of individual government
officials. For example, municipal zoning practices or decisions that reflect acquiescence to
community bias may be intentionally discriminatory, even if the officials themselves do not
personally share such bias. (See Q&A 5.) Intentional discrimination does not require that the
decision-makers were hostile toward members of a particular protected class. Decisions
motivated by a purported desire to benefit a particular group can also violate the Act if they
result in differential treatment because of a protected characteristic.
A land use or zoning practice may be discriminatory on its face. For example, a law that
requu-es persons with disabilities to request pennits to live in single-family zones while not
requiring persons without disabilities to request such permits violates the Act because it treats
persons with disabilities differently based on their disability. Even a law that is seemingly
neutral will still violate the Act if enacted with discriminatory mtent. In that instance, the
analysis of whether there is intentional discrimination will be based on a variety of factors, all of
which need not be satisfied. These factors include, but are not limited to: (1) the "impact" of the
municipal practice, such as whether an ordinance disproportionately impacts minority residents
compared to white residents or whether the practice perpetuates segregation in a neighborhood or
particular geographic area; (2) the "historical background" of the action, such as whether there is
a history of segregation or discriminatory conduct by the municipality; (3) the "specific sequence
of events," such as whether the city adopted an ordinance or took action only after significant,
racially-motivated community opposition to a housing development or changed course after
learning that a development would include non-white residents; (4) departures from the "normal
procedural sequence," such as whether a municipality deviated from normal application or
zoning requirements; (5) "substantive departures," such as whether the factors usually considered
important suggest that a state or local government should have reached a different result; and (6)
the "legislative or administrative history," such as any statements by members of the state or
local decision-making body.
4. Can state and local land use and zoning laws or practices violate the Fair Housing
Act if the state or locality did not intend to discriminate against persons on a
prohibited basis?
Yes. Even absent a discriminatory intent, state or local governments may be liable under
the Act for any land use or zoning law or practice that has an unjustified discriminatory effect
because of a protected characteristic. In 2015, the United States Supreme Court affirmed this
interpretation of the Act in Texas Department of Housing and Community Affairs v. Inclusive
Communities Project, Inc. The Court stated that "[t]hese unlawful practices include zoning
laws and other housing restrictions that function unfairly to exclude minorities from certain
neighborhoods without any sufficient justification."8
Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252,265-68(1977).
' _ u.s. _, 135 S. Ct. 2507 (2015).
!/rf. at 2521-22.
A land use or zoning practice results in a discriminatory effect if it caused or predictably
will cause a disparate impact on a group of persons or if it creates, increases, reinforces, or
perpetuates segregated housing patterns because of a protected characteristic. A state or local
government still has the opportunity to show that the practice is necessary to achieve one or more
of its substantial, legitimate, nondiscriminatory interests. These interests must be supported by
evidence and may not be hypothetical or speculative. If these interests could not be served by
another practice that has a less discriminatory effect, then the practice does not violate the Act.
The standard for evaluating housing-related practices with a discriminatory effect are set forth in
HUD's Discriminatory Effects Rule, 24 C.F.R § 100.500.
Examples of land use practices that violate the Fair Housing Act under a discriminatory
effects standard include minimum floor space or lot size requirements that increase the size and
cost of housing if such an increase has the effect of excluding persons from a locality or
neighborhood because of their membership in a protected class, without a legally sufficient
justification. Similarly, prohibiting low-income or multifamily housing may have a
discriminatory effect on persons because of their membership in a protected class and, if so,
would violate the Act absent a legally sufficient justification.
5. Does a state or local government violate the Fair Housing Act if it considers the
fears or prejudices of community members when enacting or applying its zoning or
land use laws respecting housing?
When enacting or applying zoning or land use laws, state and local governments may not
act because of the fears, prejudices, stereotypes, or unsubstantiated assumptions that community
members may have about current or prospective residents because of the residents' protected
charactenstics. Doing so violates the Act, even if the officials themselves do not personally
share such bias. For example, a city may not deny zoning approval for a low-income housing
development that meets all zoning and land use requirements because the development may
house residents of a particular protected class or classes whose presence, the community fears,
will mcrease crime and lower property values in the surrounding neighborhood. Similarly, a
local government may not block a group home or deny a requested reasonable accommodation in
response to neighbors' stereotypical fears or prejudices about persons with disabilities or a
particular type of disability. Of course, a city council or zoning board is not bound by everything
that is said by every person who speaks at a public hearing. It is the record as a whole that will
be determinative.
6. Can state and local governments violate the Fair Housing Act if they adopt or
implement restrictions against children?
Yes. State and local governments may not impose restrictions on where families with
children may reside unless the resti-ictions are consistent with the "housing for older persons"
exemption of the Act. The most common types of housing for older persons that may qualify for
this exemption are: (1) housing intended for, and solely occupied by, persons 62 years of age or
older; and (2) housing in which 80% of the occupied units have at least one person who is 55
years of age or older that publishes and adheres to policies and procedures demonstrating the
intent to house older persons. These types of housing must meet all requirements of the
exemption, including complying with HUD regulations applicable to such housing, such as
verification procedures regarding the age of the occupants. A state or local government that
zones an area to exclude families with children under 18 years of age must continually ensure
that housing in that zone meets all requirements of the exemption. If all of the housing in that
zone does not continue to meet all such requirements, that state or local government violates the
Act.
Questions and Answers on the Fair Housing Act and
Local Land Use and Zoning Regulation of Group Homes
7. Who qualifies as a person with a disability under the Fair Housing Act?
The Fair Housing Act defines a person with a disability to include (1) individuals with a
physical or mental impairment that substantially limits one or more major life activities; (2)
individuals who are regarded as having such an impairment; and (3) individuals with a record of
such an impairment.
The term "physical or mental impairment" includes, but is not limited to, diseases and
conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection,
developmental disabilities, mental ilkiess, dmg addiction (other than addiction caused by current,
illegal use of a controlled substance), and alcoholism.
The term "major life activity" includes activities such as seeing, hearing, walking
breathing, performing manual tasks, caring for one's self, learning, speaking, and working. This
list of major life activities is not exhaustive.
Being regarded as having a disability means that the individual is treated as if he or she
has a disability even though the individual may not have an impairment or may not have an
impairment that substantially limits one or more major life activities. For example, if a landlord
refuses to rent to a person because the landlord believes the prospective tenant has a disability,
then the landlord violates the Act's prohibition on discrimination on the basis of disability, even
if the prospective tenant does not actually have a physical or mental impairment that
substantially limits one or more major life activities.
Having a record of a disability means the individual has a history of, or has been
misclassified as having, a mental or physical impairment that substantially limits one or more
major life activities.
8. What is a group home within the meaning of the Fair Housing Act?
The term "group home" does not have a specific legal meaning; land use and zoning
officials and the courts, however, have referred to some residences for persons with disabilities
as group homes. The Fair Housing Act prohibits discrimination on the basis of disability, and
persons with disabilities have the same Fair Housing Act protections whether or not their
housing is considered a group home. A household where two or more persons with disabilities
choose to live together, as a matter of association, may not be subjected to requirements or
conditions that are not imposed on households consisting of persons without disabilities.
In this Statement, the term "group home" refers to a dwelling that is or will be occupied
by unrelated persons with disabilities. Sometimes group homes serve individuals with a
particular type of disability, and sometimes they serve individuals with a variety of disabilities.
Some group homes provide residents with in-home support services of varying types, while
others do not. The provision of support services is not required for a group home to be protected
under the Fair Housing Act. Group homes, as discussed in this Statement, may be opened by
individuals or by organizations, both for-profit and not-for-profit. Sometimes it is the group
home operator or developer, rather than the individuals who live or are expected to live in the
home, who interacts with a state or local government agency about developing or operating the
group home, and sometimes there is no interaction among residents or operators and state or
local governments.
In this Statement, the term "group home" includes homes occupied by persons in
recovery from alcohol or substance abuse, who are persons with disabilities under the Act.
Although a group home for persons m recovery may commonly be called a "sober home," the
term does not have a specific legal meaning, and the Act treats persons with disabilities who
reside in such homes no differently than persons with disabilities who reside in other types of
group homes. Like other group homes, homes for persons in recovery are sometimes operated
by individuals or organizations, both for-profit and not-for-profit, and support services or
supervision are sometimes, but not always, provided. The Act does not require a person who
resides in a home for persons in recovery to have participated in or be currently participating in a
substance abuse treatment program to be considered a person with a disability. The fact that a
resident of a group home may currently be illegally using a conti-olled substance does not deprive
the other residents of the protection of the Fair Housing Act.
9. In what ways does the Fair Housing Act apply to group homes?
The Fair Housing Act prohibits discrimination on the basis of disability, and persons with
disabilities have the same Fair Housing Act protections whether or not their housing is
considered a group home. State and local governments may not discriminate against persons
with disabilities who live in group homes. Persons with disabilities who live in or seek to live in
group homes are sometimes subjected to unlawful discrimination in a number of ways, including
those discussed in the preceding Section of this Joint Statement. Discrimination may be
intentional; for example, a locality might pass an ordinance prohibiting group homes in single-
family neighborhoods or prohibiting group homes for persons with certain disabilities. These
ordinances are facially discriminatory, in violation of the Act. In addition, as discussed more
fully in Q&A 10 below, a state or local government may violate the Act by refusing to grant a
reasonable accommodation to its zoning or land use ordinance when the requested
accommodation may be necessary for persons with disabilities to have an equal opportunity to
use and enjoy a dwelling. For example, if a locality refuses to waive an ordinance that limits the
number of unrelated persons who may live in a single-family home where such a waiver may be
necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling,
the locality violates the Act unless the locality can prove that the waiver would impose an undue
financial and administrative burden on the local government or fundamentally alter the essential
nature of the locality's zoning scheme. Furthermore, a state or local government may violate the
Act by enacting an ordinance that has an unjustified discrfmmatory effect on persons with
disabilities who seek to live m a group home in the community. Unlawful actions concerning
group homes are discussed m more detail throughout this Statement.
10. What is a reasonable accommodation under the Fair Housing Act?
The Fair Housing Act makes it unlawful to refuse to make "reasonable accommodations"
to rules, policies, practices, or services, when such accommodations may be necessary to afford
persons with disabilities an equal opportunity to use and enjoy a dwelling. A "reasonable
accommodation" is a change, exception, or adjustment to a mle, policy, practice, or service that
may be necessary for a person with a disability to have an equal opportunity to use and enjoy a
dwelling, including public and common use spaces. Since rules, policies, practices, and services
may have a different effect on persons with disabilities than on other persons, treating persons
with disabilities exactly the same as others may sometimes deny them an equal opportunity to
use and enjoy a dwelling.
Even if a zoning ordinance imposes on group homes the same restrictions that it imposes
on housing for other groups of unrelated persons, a local government may be required, in
individual cases and when requested to do so, to grant a reasonable accommodation to a group
home for persons with disabilities. What constihites a reasonable accommodation is a case-by-
case determination based on an individualized assessment. This topic is discussed in detail in
Q&As 20-25 and in the HUD/DOJ Joint Statement on Reasonable Accommodations under the
Fair Housing Act.
11. Does the Fair Housing Act protect persons with disabilities who pose a "direct
threat" to others?
The Act does not allow for the exclusion of individuals based upon fear, speculation, or
stereotype about a particular disability or persons with disabilities in general. Nevertheless, the
Act does not protect an individual whose tenancy would constitute a "direct threat" to the health
or safety of other individuals or whose tenancy would result in substantial physical damage to
the property of others unless the threat or risk to property can be eliminated or significantly
reduced by reasonable accommodation. A determination that an individual poses a direct threat
must rely on an individualized assessment that is based on reliable objective evidence (for
example, current conduct or a recent history of overt acts). The assessment must consider: (1)
the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually
occur; and (3) whether there are any reasonable accommodations that will eliminate or
significantly reduce the direct threat. See Q&A 10 for a general discussion of reasonable
accommodations. Consequently, in evaluating an individual's recent history of overt acts, a state
or local government must take into account whether the individual has received intervening
treatment or medication that has eliminated or significantly reduced the direct threat (in other
words, significant risk of substantial harm). In such a situation, the state or local government
may request that the individual show how the circumstances have changed so that he or she no
longer poses a direct threat. Any such request must be reasonable and limited to information
necessary to assess whether circumstances have changed. Additionally, in such a situation, a
state or local government may obtain satisfactory and reasonable assurances that the individual
will not pose a direct threat during the tenancy. The state or local government must have
reliable, objective evidence that the tenancy of a person with a disability poses a direct threat
before excluding him or her from housing on that basis, and, m making that assessment, the state
or local government may not ignore evidence showing that the individual's tenancy would no
longer pose a direct threat. Moreover, the fact that one individual may pose a direct threat does
not mean that another individual with the same disability or other individuals in a group home
may be denied housing.
12. Can a state or local government enact laws that specifically limit group homes for
individuals with specific types of disabilities?
No. Just as it would be illegal to enact a law for the purpose of excluding or limiting
group homes for individuals with disabilities, it is illegal under the Act for local land use and
zoning laws to exclude or limit group homes for individuals with specific types of disabilities.
For example, a government may not limit group homes for persons with mental illness to certain
neighborhoods. The fact that the state or local government complies with the Act with regard to
group homes for persons with some types of disabilities will not justify discrimmation against
individuals with another type of disability, such as mental illness.
13. Can a state or local government limit the number of individuals who reside in a
group home in a residential neighborhood?
Neutral laws that govern groups of unrelated persons who live together do not violate the
Act so long as (1) those laws do not intentionally discriminate against persons on the basis of
disability (or other protected class), (2) those laws do not have an unjustified discriminatory
effect on the basis of disability (or other protected class), and (3) state and local governments
make reasonable accommodations when such accommodations may be necessary for a person
with a disability to have an equal opportunity to use and enjoy a dwelling.
Local zoning and land use laws that treat groups of unrelated persons with disabilities
less favorably than similar groups of unrelated persons without disabilities violate the Fair
Housing Act. For example, suppose a city's zoning ordinance defines a "family" to include up to
a certain number of unrelated persons living together as a household unit, and gives such a group
of unrelated persons the right to live m any zoning district without special permission from the
city. If that ordinance also prohibits a group home having the same number of persons with
disabilities in a certain district or requires it to seek a use permit, the ordinance would violate the
Fair Housing Act. The ordinance violates the Act because it treats persons with disabilities less
favorably than families and unrelated persons without disabilities.
A local government may generally restrict the ability of groups of unrelated persons to
live together without violating the Act as long as the restrictions are imposed on all such groups,
including a group defined as a family. Thus, if the definition of a family includes up to a certain
number of unrelated individuals, an ordmance would not, on its face, violate the Act if a group
home for persons with disabilities with more than the pennitted number for a family were not
allowed to locate in a single-family-zoned neighborhood because any group of unrelated people
without disabilities of that number would also be disallowed. A facially neutral ordinance,
however, still may violate the Act if it is intentionally discriminatory (that is, enacted with
discriminatory intent or applied in a discriminatory manner), or if it has an unjustified
10
discriminatory effect on persons with disabilities. For example, an ordinance that limits the
number of unrelated persons who may constitute a family may violate the Act if it is enacted for
the purpose of limiting the number of persons with disabilities who may live in a group home, or
if it has the unjustified discriminatory effect of excluding or limiting group homes in the
jurisdiction. Governments may also violate the Act if they enforce such restrictions more strictly
against group homes than against groups of the same number of unrelated persons without
disabilities who live together in housing. In addition, as discussed in detail below, because the
Act prohibits the denial of reasonable accommodations to rules and policies for persons with
disabilities, a group home that provides housing for a number of persons with disabilities that
exceeds the number allowed under the family definition has the right to seek an exception or
waiver. If the criteria for a reasonable accommodation are met, the permit must be given in that
instance, but the ordinance would not be invalid.9
14. How does the Supreme Court's ruling in Olmstead apply to the Fair Housing Act?
In Olmstead v. L.C., the Supreme Court mled that the Americans with Disabilities Act
(ADA) prohibits the unjustified segregation of persons with disabilities in institutional settings
where necessary services could reasonably be provided in integrated, community-based settings.
An integrated setting is one that enables individuals with disabilities to live and interact with
individuals without disabilities to the fullest extent possible. By contrast, a segregated setting
includes congregate settings populated exclusively or primarily by individuals with disabilities.
Although Olmstead did not interpret the Fair Housing Act, the objectives of the Fair Housing Act
and the ADA, as interpreted in Olmstead, are consistent. The Fair Housing Act ensures that
persons with disabilities have an equal opportunity to choose the housing where they wish to
live. The ADA and Olmstead ensure that persons with disabilities also have the option to live
and receive services in the most integrated setting appropriate to their needs. The integration
mandate of the ADA and Olmstead can be implemented without impairing the rights protected
by the Fair Housing Act. For example, state and local governments that provide or fimd housing,
health care, or support services must comply with the integration mandate by providing these
programs, services, and activities in the most integrated setting appropriate to the needs of
individuals with disabilities. State and local governments may comply with this requirement by
adopting standards for the housing, health care, or support services they provide or fund that are
reasonable, individualized, and specifically tailored to enable individuals with disabilities to live
and interact with individuals without disabilities to the fullest extent possible. Local
governments should be aware that ordinances and policies that impose additional restrictions on
housing or residential services for persons with disabilities that are not imposed on housing or
9 »Laws that limit the number of occupants per unit do not violate the Act as long as they are reasonable, are applied
to all occupants, and do not operate to discriminate on the basis of disability, familial status, or other characteristics
protected by the Act.
10 527 U.S. 581 (1999).
11
residential services for persons without disabilities are likely to violate the Act. In addition, a
locality would violate the Act and the integration mandate of the ADA and Olmstead if it
required group homes to be concentrated in certain areas of the jurisdiction by, for example,
restricting them from being located in other areas.
15. Can a state or local government impose spacing requirements on the location of
group homes for persons with disabilities?
A "spacing" or "dispersal" requirement generally refers to a requirement that a group
home for persons with disabilities must not be located within a specific distance of another group
home. Sometimes a spacing requirement is designed so it applies only to group homes and
sometimes a spacing requirement is jframed more generally and applies to group homes and other
types of uses such as boarding houses, student housing, or even certain types of businesses. In a
community where a certain number of unrelated persons are permitted by local ordinance to
reside together in a home, it would violate the Act for the local ordinance to impose a spacing
requirement on group homes that do not exceed that pennitted number of residents because the
spacing requirement would be a condition imposed on persons with disabilities that is not
imposed on persons without disabilities. In situations where a group home seeks a reasonable
accommodation to exceed the number of unrelated persons who are permitted by local ordinance
to reside together, the Fair Housing Act does not prevent state or local governments from taking
into account concerns about the over-concentration of group homes that are located m close
proximity to each other. Sometimes compliance with the integration mandate of the ADA and
Olmstead requires government agencies responsible for licensing or providing housing for
persons with disabilities to consider the location of other group homes when determining what
housing will best meet the needs of the persons being served. Some courts, however, have found
that spacing requirements violate the Fair Housing Act because they deny persons with
disabilities an equal opportunity to choose where they will live. Because an across-the-board
spacing requirement may discriminate against persons with disabilities in some residential areas,
any standards that state or local governments adopt should evaluate the location of group homes
for persons with disabilities on a case-by-case basis.
Where a jurisdiction has imposed a spacing requirement on the location of group homes
for persons with disabilities, courts may analyze whether the requirement violates the Act under
an intent, effects, or reasonable accommodation theory. In cases alleging intentional
discrimination, courts look to a number of factors, including the effect of the requirement on
housing for persons with disabilities; the jurisdiction's intent behind the spacing requirement; the
existence, size, and location of group homes in a given area; and whether there are methods other
than a spacing requirement for accomplishing the jurisdiction's stated purpose. A spacing
requirement enacted with discrimmatory intent, such as for the purpose of appeasing neighbors'
stereotypical fears about living near persons with disabilities, violates the Act. Further, a neutral
12
spacing requirement that applies to all housing for groups of unrelated persons may have an
unjustified discriminatory effect on persons with disabilities, thus violating the Act. Jurisdictions
must also consider, in compliance with the Act, requests for reasonable accommodations to any
spacing reqmrements.
16. Can a state or local government impose health and safety regulations on group
home operators?
Operators of group homes for persons with disabilities are subject to applicable state and
local regulations addressing health and safety concerns unless those regulations are inconsistent
with the Fair Housing Act or other federal law. Licensing and other regulatory requirements that
may apply to some group homes must also be consistent with the Fair Housing Act. Such
regulations must not be based on stereotypes about persons with disabilities or specific types of
disabilities. State or local zoning and land use ordinances may not, consistent with the Fair
Housing Act, require individuals with disabilities to receive medical, support, or other services or
supervision that they do not need or want as a condition for allowing a group home to operate.
State and local governments' enforcement of neutral requirements regarding safety, licensing,
and other regulatory requirements governing group homes do not violate the Fair Housing Act so
long as the ordinances are enforced in a neutral manner, they do not specifically target group
homes, and they do not have an unjustified discriminatory effect on persons with disabilities who
wish to reside in group homes.
Governments must also consider requests for reasonable accommodations to licensing
and regulatory requirements and procedures, and grant them where they may be necessary to
afford individuals with disabilities an equal opportunity to use and enjoy a dwelling, as required
by the Act.
17. Can a state or local government address suspected criminal activity or fraud and
abuse at group homes for persons with disabilities?
The Fair Housing Act does not prevent state and local governments from taking
nondiscrimmatory action in response to criminal activity, insurance fraud, Medicaid fraud,
neglect or abuse of residents, or other illegal conduct occurring at group homes, including
reporting complaints to the appropriate state or federal regulatory agency. States and localities
must ensure that actions to enforce criminal or other laws are not taken to target group homes
and are applied equally, regardless of whether the residents of housing are persons with
disabilities. For example, persons with disabilities residing in group homes are entitled to the
same constitutional protections against unreasonable search and seizure as those without
disabilities.
13
18. Does the Fair Housing Act permit a state or local government to implement
strategies to integrate group homes for persons with disabilities in particular
neighborhoods where they are not currently located?
Yes. Some strategies a state or local government could use to further the integration of
group housing for persons with disabilities, consistent with the Act, include affirmative
marketing or offering incentives. For example, jurisdictions may engage in affirmative
marketing or offer variances to providers of housing for persons with disabilities to locate future
homes in neighborhoods where group homes for persons with disabilities are not currently
located. But jurisdictions may not offer incentives for a discriminatory purpose or that have an
unjustified discriminatory effect because of a protected characteristic.
19. Can a local government consider the fears or prejudices of neighbors in deciding
whether a group home can be located in a particular neighborhood?
In the same way a local government would violate the law if it rejected low-income
housing in a community because of neighbors' fears that such housing would be occupied by
racial minorities (see Q&A 5), a local government violates the law if it blocks a group home or
denies a reasonable accommodation request because of neighbors' stereotypical fears or
prejudices about persons with disabilities. This is so even if the individual government decision-
makers themselves do not have biases against persons with disabilities.
Not all community opposition to requests by group homes is necessarily discriminatory.
For example, when a group home seeks a reasonable accommodation to operate in an area and
the area has limited on-street parking to serve existing residents, it is not a violation of the Fair
Housing Act for neighbors and local government officials to raise concerns that the group home
may create more demand for on-street parking than would a typical family and to ask the
provider to respond. A valid unaddressed concern about inadequate parking facilities could
justify denying the requested accommodation, if a similar dwelling that is not a group home or
similarly situated use would ordinarily be denied a permit because of such parking concerns. If,
however, the group home shows that the home will not create a need for more parking spaces
than other dwellings or similarly-situated uses located nearby, or submits a plan to provide any
needed off-street parking, then parking concerns would not support a decision to deny the home
a permit.
14
Questions and Answers on the Fair Housing Act and
Reasonable Accommodation Requests to Local Zoning and Land Use Laws
20. When does a state or local government violate the Fair Housing Act by failing to
grant a request for a reasonable accommodation?
A state or local government violates the Fair Housing Act by failing to grant a reasonable
accommodation request if (1) the persons requesting the accommodation or, in the case of a
group home, persons residing in or expected to reside in the group home are persons with a
disability under the Act; (2) the state or local government knows or should reasonably be
expected to know of their disabilities; (3) an accommodation in the land use or zoning ordinance
or other mles, policies, practices, or services of the state or locality was requested by or on behalf
of persons with disabilities; (4) the requested accommodation may be necessary to afford one or
more persons with a disability an equal opportunity to use and enjoy the dwelling; (5) the state or
local government refused to grant, failed to act on, or unreasonably delayed the accommodation
request; and (6) the state or local government cannot show that granting the accommodation
would impose an undue financial and administrative burden on the local government or that it
would fundamentally alter the local government's zoning scheme. A requested accommodation
may be necessary if there is an identifiable relationship between the requested accommodation
and the group home residents' disability. Further infonnation is provided in Q&A 10 above and
the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act.
21. Can a local government deny a group home's request for a reasonable
accommodation without violating the Fair Housing Act?
Yes, a local government may deny a group home's request for a reasonable
accommodation if the request was not made by or on behalf of persons with disabilities (by, for
example, the group home developer or operator) or if there is no disability-related need for the
requested accommodation because there is no relationship between the requested
accommodation and the disabilities of the residents or proposed residents.
In addition, a group home's request for a reasonable accommodation may be demed by a
local government if providing the accommodation is not reasonable-in other words, if it would
impose an undue financial and administrative burden on the local government or it would
fundamentally alter the local government's zoning scheme. The determination of undue
financial and administrative burden must be decided on a case-by-case basis involving various
factors, such as the nature and extent of the administrative burden and the cost of the requested
accommodation to the local govenmient, the fmancial resources of the local government, and the
benefits that the accommodation would provide to the persons with disabilities who will reside in
the group home.
15
When a local government refuses an accommodation request because it would pose an
undue financial and administrative burden, the local government should discuss with the
requester whether there is an alternative accommodation that would effectively address the
disability-related needs of the group home's residents without imposing an undue financial and
administrative burden. This discussion is called an "interactive process." If an alternative
accommodation would effectively meet the disability-related needs of the residents of the group
home and is reasonable (that is, it would not impose an undue fmancial and administrative
burden or fundamentally alter the local government's zoning scheme), the local government
must grant the alternative accommodation. An interactive process in which the group home and
the local government discuss the disability-related need for the requested accommodation and
possible alternative accommodations is both required under the Act and helpful to all concerned,
because it often results in an effective accommodation for the group home that does not pose an
undue financial and administrative burden or fundamental alteration for the local government.
22. What is the procedure for requesting a reasonable accommodation?
The reasonable accommodation must actually be requested by or on behalf of the
individuals with disabilities who reside or are expected to reside in the group home. When the
request is made, it is not necessary for the specific individuals who would be expected to live in
the group home to be identified. The Act does not require that a request be made in a particular
manner or at a particular time. The group home does not need to mention the Fair Housing Act
or use the words "reasonable accommodation" when making a reasonable accommodation
request. The group home must, however, make the request in a manner that a reasonable person
would understand to be a disability-related request for an exception, change, or adjustment to a
rule, policy, practice, or service. When making a request for an exception, change, or adjustment
to a local land use or zoning regulation or policy, the group home should explain what type of
accommodation is being requested and, if the need for the accommodation is not readily apparent
or known by the local government, explain the relationship between the accommodation and the
disabilities of the group home residents.
A request for a reasonable accommodation can be made either orally or in writing. It is
often helpful for both the group home and the local government if the reasonable accommodation
request is made in writing. This will help prevent misunderstandings regarding what is being
requested or whether or when the request was made.
Where a local land use or zoning code contains specific procedures for seeking a
departure from the general mle, courts have decided that these procedures should ordinarily be
followed. If no procedure is specified, or if the procedure is unreasonably burdensome or
intrusive or involves significant delays, a request for a reasonable accommodation may,
16
nevertheless, be made in some other way, and a local government is obligated to grant it if the
requested accommodation meets the criteria discussed in Q&A 20, above.
Whether or not the local land use or zoning code contains a specific procedure for
requesting a reasonable accommodation or other exception to a zoning regulation, if local
government officials have previously made statements or otherwise indicated that an application
for a reasonable accommodation would not receive fair consideration, or if the procedure itself is
discriminatory, then persons with disabilities living in a group home, and/or its operator, have
the right to file a Fair Housing Act complaint in court to request an order for a reasonable
accommodation to the local zoning regulations.
23. Does the Fair Housing Act require local governments to adopt formal reasonable
accommodation procedures?
The Act does not require a local government to adopt formal procedures for processing
requests for reasonable accommodations to local land use or zoning codes. DOJ and HUD
nevertheless strongly encourage local governments to adopt formal procedures for identifying
and processing reasonable accommodation requests and provide training for government officials
and staff as to application oftfae procedures. Procedures for reviewing and acting on reasonable
accommodation requests will help state and local governments meet their obligations under the
Act to respond to reasonable accommodation requests and implement reasonable
accommodations promptly. Local governments are also encouraged to ensure that the
procedures to request a reasonable accommodation or other exception to local zoning regulations
are well known throughout the community by, for example, posting them at a readily accessible
location and in a digital format accessible to persons with disabilities on the government's
website. Ifajiuisdiction chooses to adopt formal procedures for reasonable accommodation
requests, the procedures cannot be onerous or require information beyond what is necessary to
show that the individual has a disability and that the requested accommodation is related to that
disability. For example, in most cases, an individual's medical record or detailed information
about the nature of a person's disability is not necessary for this inquiry. In addition, officials
and staff must be aware that any procedures for requesting a reasonable accommodation must
also be flexible to accommodate the needs of the individual making a request, including
accepting and considering requests that are not made through the official procedure. The
adoption of a reasonable accommodation procedure, however, will not cure a zoning ordinance
that treats group homes differently than other residential housing with the same number of
unrelated persons.
17
24. What if a local government fails to act promptly on a reasonable accommodation
request?
A local government has an obligation to provide prompt responses to reasonable
accommodation requests, whether or not a formal reasonable accommodation procedure exists.
A local government's undue delay in responding to a reasonable accommodation request may be
deemed a failure to provide a reasonable accommodation.
25. Can a local government enforce its zoning code against a group home that violates
the zoning code but has not requested a reasonable accommodation?
The Fair Housing Act does not prohibit a local government from enforcing its zoning
code against a group home that has violated the local zoning code, as long as that code is not
discriminatory or enforced in a discriminatory manner. If, however, the group home requests a
reasonable accommodation when faced with enforcement by the locality, the locality still must
consider the reasonable accommodation request. A request for a reasonable accommodation
may be made at any time, so at that point, the local government must consider whether there is a
relationship between the disabilities of the residents of the group home and the need for the
requested accommodation. If so, the locality must grant the requested accommodation unless
doing so would pose a fundamental alteration to the local government's zoning scheme or an
undue financial and administrative burden to the local government.
Questions and Answers on Fair Housing Act Enforcement of
Complaints Involving Land Use and Zoning
26. How are Fair Housing Act complaints involving state and local land use laws and
practices handled by HUD and DOJ?
The Act gives HUD the power to receive, investigate, and conciliate complaints of
discrimination, including complaints that a state or local government has discriminated in
exercising its land use and zoning powers. HUD may not issue a charge of discrimination
pertaining to "the legality of any State or local zoning or other land use law or ordinance."
Rather, after investigating, HUD refers matters it believes may be meritorious to DOJ, which, in
its discretion, may decide to bring suit against the state or locality within 18 months after the
practice at issue occurred or terminated. DOJ may also bring suit by exercising its authority to
initiate litigation alleging a pattern or practice of discrimination or a denial of rights to a group of
persons which raises an issue of general public importance.
IfHUD determines that there is no reasonable cause to believe that there may be a
violation, it will close an investigation without referring the matter to DOJ. But a HUD or DOJ
18
decision not to proceed with a land use or zoning matter does not foreclose private plaintiffs
from pursuing a claim.
Litigation can be an expensive, time-consuming, and uncertain process for all parties.
HUD and DOJ encourage parties to land use disputes to explore reasonable alternatives to
litigation, including alternative dispute resolution procedures, like mediation or conciliation of
the HUD complaint. HUD attempts to conciliate all complaints under the Act that it receives,
including those involving land use or zoning laws. In addition, it is DO J's policy to offer
prospective state or local govermnents the opportunity to engage in pre-suit settlement
negotiations, except in the most unusual circumstances.
27. How can I find more information?
For more information on reasonable accommodations and reasonable modifications under the
Fair Housing Act:
. HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act,
available at h s://www.'ustice. ov/crt/fair-housin - olic -statements-and- uidance-0
or h ://www.hud. ov/offices/flieo/libra /huddo'statement, df.
. HUD/DOJ Joint Statement on Reasonable Modifications under the Fair Housing Act,
available at }\ s://www."ustice. ov/crt/fair-housin - olic -statements-and- uidance-0
orht ://www.hud. ov/offices/fheo/disabilities/reasonable modifications mar08. df.
For more information on state and local governments' obligations under Section 504:
. HUD website at h :// ortal.hud. ov/hud ortal/HUD?src=/ ro ram offices/
fair housin e ual o /disabilities/sect504.
For more information on state and local governments' obligations under the ADA and Olmstead:
. U.S. Department of Justice website, www.ADA. ov, or call the ADA information line at
(800) 514-0301 (voice) or (800) 514-0383 (TTY).
. Statement of the Department of Justice on Enforcement of the Integration Mandate of
Title II of the Americans with Disabilities Act and Olmstead v. L.C., available at
htt ://www.ada. ov./olmstead/ &a olmstead.htm.
. Statement of the Department of Housing and Urban Development on the Role of Housing
in Accomplishing the Goals ofOlmstead, available at
h :// ortal.hud. ov/hud ortal/documents/huddoc?id=01msteadGuidnc060413. df.
19
For more information on the requirement to affirmatively further fair housing:
. Affirmatively Furthering Fair Housing, 80 Fed. Reg. 42,272 (July 16, 2015) (to be
codified at 24 C.F.R. pts. 5, 91, 92, 570,574, 576, and 903).
. U.S. Department of Housing and Urban Development, Version 1, Affirmatively
Furthering Fair Housing Rule Guidebook (2015), available at
ht s://www.hudexchan e.info/resources/documents/AFFH-Rule-Guidebook. df.
. Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban
Development, Vol. 1, Fair Housing Planning Guide (1996), available at
ht ://www.hud. ov/offices/fheo/ima es/fli . df.
For more information on nuisance and crime-free ordinances:
. Office of General Counsel Guidance on Application of Fair Housing Act Standards to the
Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of
Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency
Ser/ices (Sept. 13,2016), available at ht :// ortal.hud. ov/hud ortal/documents/
huddoc?id=FmalNuisanceOrdGdnce. df.
20
SALE OF SURPLUS PROPERTIES – COMPREHENSIVE PLAN DETERMINATION
PAGE 1 OF 2
__________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for May 13 Meeting)
DATE: May 7, 2019
RE: Consider adoption of resolution that the sale of surplus property
conforms to the Comprehensive Plan
A. BACKGROUND
On March 5, 2019, City Council determined that the western portion of Iron Horse Park
is surplus land that could be sold to raise funds for park system improvements. This
surplus land is proposed as the location for three new single-family homes. The Council
determination was prompted by the approval of a plat by the City of New Hope for 32
new homes just west of the Park. On February 6, 2019 the Park and Recreation
Commission expressed support for the sale of these properties provided that the
remaining park is replatted as park land.
According to state statute § 462.356, Subd. 2, for those communities with an adopted
Comprehensive Plan, the Planning Commission shall report to the City Council whether
the sale of the properties is in conformance with the Comprehensive Plan.
Attachment:
A. Resolution
B. 2030 COMPREHENSIVE PLAN
The following are excerpts from the 2030 Comprehensive Plan related to the sale of the
surplus properties.
Adopt park plan (page 106): One of the goals of the Comprehensive Plan is to
adopt a park master plan. This was adopted by the City Council in 2017.
PLANNING COMMISSION STAFF REPORT
Sale of Surplus Property
SALE OF SURPLUS PROPERTIES – COMPREHENSIVE PLAN DETERMINATION
PAGE 2 OF 2
Recommended finding: The surplus property sale would achieve the
following Comprehensive Plan goal:
o Maximize adaptive flexibility so that the parks may change as
the needs of the neighborhood and community change (goal
#5, page 105)
Housing Policy #3 (page 35): Increase the availability of new housing currently
underrepresented in Crystal’s housing stock, such as move-up single-family
houses.
Recommended finding: Since the majority of Crystal’s single-family homes
were constructed prior to the 1970, the addition of new single-family
housing created by the sale of these surplus properties adds new housing
opportunities within Crystal.
C. STAFF RECOMMENDATION
Planning Commission adopt resolution 2019-02 that the sale of the surplus properties
by the city is in conformance to the Comprehensive Plan based on the findings in
Section B above.
514713v1 MNI CR150-4
CRYSTAL PLANNING COMMISSION
RESOLUTION NO. 2019 - 02
A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY
THE CITY OF CRYSTAL FOR RESIDENTIAL HOUSING PURPOSES IS
CONSISTENT WITH THE CITY OF CRYSTAL COMPREHENSIVE PLAN
WHEREAS, the City of Crystal (“City”) proposes to convey the following real property (the
(“Property”) for the purpose of constructing single-family homes:
Proposed lots 1, 2, and 3, Block 1, Iron Horse Addition, Hennepin County, Minnesota
and;
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to
review the proposed acquisition or disposal of publicly-owned real property within the City prior
to its acquisition or disposal, to determine whether in the opinion of the Planning Commission,
such acquisition or disposal is consistent with the comprehensive municipal plan; and
WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property,
and has determined that such conveyance would maximize adaptive flexibility of the park system
as the needs of the neighborhood and community change, and also to provide new housing
opportunities within Crystal.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Crystal
that the proposed conveyance of the Property is consistent with the City’s comprehensive
municipal plan.
BE IT FURTHER RESOLVED that this resolution be communicated to the City Council.
Adopted this 13th day of May, 2019, by the Planning Commission of the City of Crystal.
Chair, Crystal Planning Commission
Attachment A
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 1 OF 6
_______________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for May 13 Meeting)
DATE: May 7, 2019
RE: Discuss Town Center district amendments to the Unified Development
Code
A. BACKGROUND
Staff is proposing amendments to the city’s Unified Development Code (UDC) relating
to the creation of two new zoning districts. The amendments are to fulfill land
redevelopment goals of the proposed 2040 Comprehensive Plan. The two new districts
are Town Center (TC), which is a base zoning district, and Town Center – Planned
Development (TC-PD), which is an overlay district. The Planning Commission is being
asked to provide input on the proposed ordinance regulations before the public hearing
process begins.
Attachments:
A. Planned land use map – 2040 Comprehensive Plan
B. Proposed amendments to official zoning map
C. Proposed Town Center district amendments
B. PROPOSED UDC AMENDMENTS
Proposed 2040 Comprehensive Plan. The comprehensive plan identifies four
redevelopment areas in Crystal (see attachment A):
Area A: The area surrounding Becker Park and the proposed LRT station
Area B: A narrow parcel of land near 51st and Douglas Drive
Area C: The area along 42nd Avenue from city hall to the Robbinsdale border
Area D: The area along Douglas Drive from 32nd to 36th Avenues
The proposed Town Center district amendments are for area A, which was described in
the plan as a future mixed use redevelopment area. The most recent 2040 plan
PLANNING COMMISSION STAFF REPORT
Town Center District Amendments
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 2 OF 6
reviewed by the Commission on December 10, 2018 did not show area A as “mixed
use” on the 2040 planned land use map. Instead the map showed this area with various
land use designations that reflected the use of each property. After the plan was
submitted to the Metropolitan Council in December 2018, they requested the city
identify area A as a mixed use area to reflect the city’s future intentions. Staff supports
this change and will include it in the final 2040 Plan for City Council approval.
Two additional zoning districts could be created in the future for areas C and D that are
patterned after the Town Center district. The comprehensive plan provides guidance for
any redevelopment in area B.
Notable features of Town Center districts. The following are notable features of the
proposed Town Center districts.
1. Two districts. The amendment creates a new base zoning district called
Town Center and an overlay district called Town Center – Planned
Development (attachment B).
Town Center base district (TC). Regulations for a base district are
mandatory for those properties located in the district, except that
property owners who wish to rebuild an existing use in its current
configuration may do so under the UDC’s nonconforming use provisions
(section 515.29 of the UDC).
Town Center – Planned Development (TC-PD).
o The boundaries of the TC-PD district are shown in attachment B
and on the next page.
o Property owners who wish to rebuild an existing use in its current
configuration may do so under the UDC’s nonconforming use
provisions.
o Property owners within the boundary have the option to rezone a
property to TC-PD. If they choose not to rezone the property, the
zoning district classification shown on the zoning map determines
the required base district regulations.
o The regulations for the TC-PD district are located within the
Planned Development (PD) section of the UDC, which allows for
flexibility from base district requirements. However the TC-PD
district has specific zoning requirements the property owner must
meet.
On the next page is a district map and flow chart that explains how
redevelop occurs in both districts.
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 3 OF 6
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 4 OF 6
2. Building placement and form: The new districts emphasize the building’s
placement on the lot. The following are noteworthy requirements:
Setbacks. The building would be set back at least 1’ but no more than 10’
from the front property line. Currently front setbacks in other business
districts are 30’, however staff proposes that the front setback in the
Commercial (C) and Industrial (I) districts be changed to a minimum of 10’.
With this change there would be less of a dramatic difference in building
locations between the TC and C/I districts.
Façade. On the primary façade:
o At least 50% of the façade would be required to have windows,
while any upper floors would have at least 30% windows.
o At least 30% of the windows are to remain free of signage.
o The building shall occupy at least 75% of the length along the
property line.
Building height. The height limits would be the same as the Commercial
and Industrial districts: 5 stories or 60’, whichever is less. For those areas
in either district near single or two family dwellings, a shadow study and
mitigation would be required to reduce negative impacts to dwellings.
Encroachments. Certain building elements, such as awnings, would be
allowed to encroach into the required setback.
3. Land Uses:
TC district. The main objective in allowing specific land uses is to create a
vibrant street scene. This is especially important considering that the TC
district is relatively small in size. To create that street scene, uses would
be limited to retail, restaurants, and offices. Multi-family residential uses
would also be allowed to mix within the same building or on the same
property.
TC-PD district. In addition to those uses allowed in the TC district, several
additional principal uses would be allowed in the TC-PD district, including:
o Adult day care facilities
o Attached one-family dwellings (townhouses and row houses)
o Hotels and motels
o Indoor industrial uses
o Private indoor recreational uses
o Public buildings
o Religious institutions
o Schools
4. New street connections: Within the city’s main commercial area, there are
opportunities to create better street connections if the properties are
redeveloped. The approximate alignments of new public street connections are
shown as highlighted on the next page, with affected properties outlined in red.
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 5 OF 6
Upon redevelopment of one of these properties, the developer would be required to
construct the respective street connections. The specific alignment, design and other
details would be determined at that time.
5. Parking:
TC district. For non-residential development in the TC district, staff
proposes that no off-street parking would be required. If a developer
proposes to build a parking lot, the lot would be located to the rear or side
of the building. For residential development, one off-street space per unit,
plus one visitor space per 5 units is required.
TC-PD district. Within the TC-PD district:
o The developer shall provide the required parking listed in the
parking section of the UDC.
o The developer may provide a parking study for approval during the
rezoning application process that reduces the required number of
parking spaces.
o Any surface parking lot would be located to the rear or side of the
building.
TOWN CENTER AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE
PAGE 6 OF 6
C. REQUESTED ACTION
The Planning Commission is being asked to provide comments on the proposed Town
Center amendments to the UDC.
The proposed schedule for adopting a new ordinance is as follows:
July 11 Council discusses proposed ordinance, including Planning
Commission comments. The Planning Commission is invited to this
Council Work Session
August 12 Planning Commission public hearing
August 20 Council first reading of ordinance
September 3 Council second reading of ordinance
October 12 Effective date of ordinance
Area
A
Area
B
Area
C
Area
D
Glen Haven
Memorial
GardensCemetery
Adath Chesed
Shel Emes
Cemetery
RivertreeSchool
43rd Ave N
45th Pl N
46th Ave N
34thAveN
36th Ave N
SumterAv eNHampshire Ave NWinnetka Ave N32nd Ave N Adair Ave N38th Ave N BN
SF R
ailroad Orchard Ave N60th Ave N
Douglas Dr NDouglas Dr N54th Ave N
County
Road81
48thAveN
51st Ave N
WilshireBlvd
Vera Cruz Ave NCP Railroad
42nd Ave N ScottAveNHampshire Ave NCo
unty Road 81
West Broadway
56th Ave N
54th Ave N
56thAveN
Fairview Ave N
44th Ave N
49th Ave N
BrunswickAveN52nd Ave N
AngelineAve N
Hampshire Ave NOrchard Ave NKentucky Ave NVera Cruz Ave NBrunswick Ave N56th Ave N
58th Ave N
Quail
AveNJersey Ave NLouisiana Ave NYukon Ave N Edgewood Ave NCorvallis Ave N
Georgia Ave NJersey Ave NVera Cruz Ave NWelcome Ave NKentucky Ave N58th Ave N
59thAveN
Louisiana Ave NQuail Ave N32nd Pl N
45th Ave NIdaho Ave N33rd Ave N
30th Ave N
LakesideAveN
57th Ave NQuebecAveN
35th Ave N
58th Ave N
Vera Cruz Ave N44th Ave N
59th Ave N
Kentucky Ave NWelcome Ave N57th Ave N
53rd Ave N
52ndAveN
Zane Ave NPerr
yAve
NToledo Ave NHampshire Ave NGeorgia Ave NFlorida Ave N47th Ave N
41st Ave N
Idaho Ave NEdgewood Ave NZane Ave NLombardy Ln
Utah Ave N56th Ave N AdairAveN37th Ave N Brunswick Ave N45th Ave N
Bernard Ave N
Wilshire Blvd
Utah Ave NFlorida Ave NGeorgiaAveNQuail Ave N54th Ave N
Welcome Ave NVera Cruz Ave NXenia Ave N35th Ave N ColoradoAveNRhode Island Ave NQuail Ave NJersey Ave N33rdPlN
Fairview Ave N
Markwood Dr N
48th Ave N Regent Ave NLakela
nd
Ave
N29th Ave N
M edi cine La keR d
Northern DrXylon Ave N30thAveN Toledo Ave N33rd Ave N
Lombardy Ln
Wisconsin AveNWisconsin Ave NGeorgia Ave N40th Ave N
56th Pl N
57th Ave N
Welcome Ave N49th Ave N
45th Pl N
48th Ave N
57th Ave N
FairviewAveNFairview Ave N
39th Ave N
38th Ave N
35th Ave N
58th Ave N
31st Ave N
Corvallis Ave N
43rd Ave N
36th Ave N
41stAveN
Nevada Ave NJersey Ave NFloridaAveNLouisiana Ave NJersey Ave NFlorida Ave NJersey Ave NCP RailroadDouglas Dr NOregon Ave NFlorida Ave N29th AveN Vera Cruz Ave NColoradoAveN
58th Ave N CrystalAirportRd
Maryland Ave N55thAveNElmhurst Ave N
Aquila Ave NEdgewood Ave NIdaho Ave NFlorida Ave NL
akeland Ave NZane Ave NYates Ave NZane Ave NXenia Ave NRhodeIslandAveN
Edgewood Ave NYates Ave N50th Ave N
Highway 100Colorado Ave NYates Ave NXenia Ave NBrunswick Ave NJersey Ave N31st Ave N Perry Ave NKentuckyAveNGeorgia Ave NEdgewood Ave NFlorida Ave NPerry Ave NJersey Ave NIdaho Ave NMaryland Ave N49th Ave NOregonCtNCrystal Airport RdDudley Ave N
ValeCrestRdEdgewood Ave N29th Ave N
Corvallis Ave N
June Ave N29thPlN
51st Pl N
Valley Pl N Xenia Ave N50th Ave N
35th Pl N
46th Pl N
Quail Ave NRegent Ave NAngelineAveN
Hill Pl N
Orchard Ave NPerry Ave NMaryland Ave NNoble Ave NKyle Ave NMajor Ave NLee Ave NMaryland Ave NKentucky Ave N62nd Ave N
61st Ave N
Kentucky Ave NGeorgia Ave NIdaho Ave NIdaho Ave NNevada Ave NGeorgia Ave NGeorgia Ave NYates Ave NEdgewood Ave NPennsylvania Ave NToledo Ave NOrchard Ave NCP Railroad Unity Ave NLakeland
A
ve
NLakesideAveNSherburneAveNWelcomeAveN58th Pl N
31stAveN
60th Ave N
Cloverdale Ave N
Byron Ave N
53rd Ave N
34thAveN
39th Ave N
48th Ave N
B rook ridge AveN30thAveN TwinLakeTer29thPl N
51st Pl N
Adair Ave NDouglas Dr NVirginiaAveNKentucky Ave NCloverdale Ave N
62nd Ave N
Lakeland Ave NMaryland Ave NLouisiana Ave NBrentwood Ave NPennsylvania Ave NWelcome Ave NPennsylvania Ave N59th Pl N
46th Pl N
Kentucky Ave N34th Pl NHighway100
XeniaAveNWelcomeAveNVeraCr
uzAveNYatesAveNYates Ave NNevada Ave NHanson Ct N Scott Ave NNorth Lions Skyway MacPark/WildlifeArea
Broadway
NorthBass Lake
Becker
TwinOak
Iron Horse
Lions
SooLine
Cavanagh
ForestElementary
CommunityCenter
Welcome
MemoryLane
Brownwood
Kentucky
Florida
Crystal
Highlands
Yunkers
Valley Place
Lee
Sunnyview
Bassett Creek
Hagemeister
Pond
FAIR
Neill
Twin
Lake
St Raphael
BeaconAcademy
±
0 0.2 0.4 0.6 0.8 10.1 Miles c:dave\ArcGIS Projuects\Landuse 2040.mxd
Crystal Airport
* If redeveloped for other uses,
then the property is guided
"Low Density Residential".
Scale 1:25,000
Map Legend
Zoning
Planned Land Use:
Low Density Residential (LDR)
Med. Density Residential (MDR)
High Density Residential (HDR)
Commercial
Mixed Use
Industrial
Park or Other Public Open Space*
Institutional*
Rail Corridor
Crystal Airport
Right-Of-Way
Water
Attachment A
COLORADO AVEBRUNSWICK AVEADAIR AVE
XENIA AVE
41ST AVE43RD AVE44TH AVEYATES AVE NZANE AVEADAIR AVECOLORADO AVEBRUNSWICK AVEWELCOME AVECOLORADO AVE
BRUNSWICK AVE
ADAIR AVE
ZANE AVE
YATES AVE
XENIA AVE
WELCOME AVE
38TH AVE39TH AVEADAIR AVEDOUGLAS DRDOUGLAS DRDOUGLAS DRDOUGLAS DR45TH AVE44TH AVE43RD AVE42ND AVEEDGEWOOD AVE NFLORIDA AVE
GEORGIA AVE
HAMPSHIRE AVE
KENTUCKY AVE N
IDAHO AVE41ST PL NMEMORY LANE
43RD AVE NKENT UCKY CIR N
KENTUCKY(ROCKFORD RD)LOUISIANA AVE
WINNETKA AVEKENTUCKY AVEHAMPSHIRE AVEJERSEY AVEIDAHOAVENIDAHO CIRGEORGIA AVEFLORIDA AVEEDGEWOOD AVE40TH AVE39TH AVE39TH AVE38TH AVEJERSEY CIR NMARKWOODIDAHO AVE N37TH AVEMARKWOOD DRGEORGIAHAMPSHIRE AVE N
FLORIDA
GEORGIA AVE NHAMPSHIRE AVE NKENTUCKY AVE35TH AVE34THAVEN34THPLN33RDDANPL33RD AVE32NDPLN32ND PLVIRGINIAUTAH AVE30THAVEYUKON AVE32ND AVENORTHERN DR31ST AVEAVENVIRGINIAAVENPLVALLEY34TH AVEHILL PL35TH AVE35TH PL36TH AVEJERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVE
EDGEWOOD AVE
FLORIDA AVEGEORGIA AVEJERSEY AVE N33RD AVEVALLEY PL35TH AVEMARYLAND AVE NLOUISIANA AVENEVADA AVENEVADA AVELOUISIANA AVEQUEBEC AVE NWINNETKA AVE N30THAVE30TH AVE NSUMTER AVE32ND AVE31ST AVELOUISIANA AVE32ND AVEWINNETKA AVE31STKENTUCKY AVEKENTUCKY AVEJERSEY AVEJERSEY AVE29TH AVEIDAHONHAMPSHIRE AVEGEORGIA AVE30TH AVE29TH AVEEDGEWOOD AVEAVEEDGEWOOD AVE N31ST AVE32ND AVEIDAHO AVEFLORIDA AVE27TH AVEAVEHAMPSHIRE AVEGEORGIA AVEDOUGLAS DRDOUGLAS DRDOUGLAS DR34TH AVEZANE AVE36TH AVEXENIA AVEWELCOME AVEYATESBRUNSWICK AVEZANE AVEADAIR AVEYATES AVE XENIA AVEWELCOME AVEAVE35THADAIR AVEBRUNSWICK AVE32ND AVEBRUNSWICK AVE32ND AVEWELCOME AVEPLNBRUNSWICKAVE29THPLNMEDICINE LAKE RD29THLAMPLIGHTERLA NZANE AVE29TH AVEVALECREST RDBROOKRIDGEAVE27TH AVE NDOUGLAS DRREGENT AVEQUAIL AVEPERRY AVEORCHARD AVE59TH AVE60TH AVE60TH AVELAKELAND AVE NWELCOME AVEXENIA AVEZANE PL(BASS LAKE RD)BRUNSWICK AVEADAIR AVEZANE AVEYATES AVE57TH AVECLOVERDALE AVE NCOLORADO AVE N58TH AVEXENIAWELCOMEVERA CRUZ AVEUNITY AVETOLEDO AVESCOTT AVE N54TH AVEWILSHIRE BLVDORCHARD AVEPERRY AVEQUAIL
REGENT AVETOLEDO AVE
UNITY AVE56THAVEPERRY AVE56TH PLQUAIL AVE58TH AVE57TH AVETWINLAKE TERTWIN LAKE TER57TH AVE N56TH AVE NWILSHIRE BLVDREGENT AVEORCHARD AVEDOUGLAS DR
DOUGLAS DRQUAIL AVE
PERRY
DUDLEY AVE59TH AVEKENTUCKY AVE
IDAHO AVE
ELMHURST AVE
60TH AVE60TH AVELOMBARDY LANELOMBARDY LA61ST AVE N61ST AVEHAMPSHIRE AVE
62ND AVE NKENTUCKY AVE FLORIDA AVE NLAKELAND AVE N
JERSEY AVEHAMPSHIRE AVELAKELAND AVE
WEST BROADWAY
58TH PLQUEBEC
RHODE ISLAND AVE NAVE59TH AVE59TH PLPENNSYLVANIA AVE
OREGON AVE
NEVADA AVE
SHIRLEY PL59THMARYLAND AVE
60TH AVE NWEST BROADWAY
BASS LAKE RDSUMTER AVE
RHODE ISLAND AVE
PENNSYLVANIA AVE
NEVADA AVE
58TH AVE54T H AV E N
NEVADA AVE
56TH AVEJERSEY AVE N
57TH AVEKENTUCKY AVE58TH AVECLOVERDALE AVECLOVERDALE AVE57TH AVEBRENTWOOD AVEELMHURST AVE
WEST BROADWAY 55THAVEHAMPSHIRE AVE
HAMPSHIRE AVESHERBURNEAVENBASS LAKE RD35TH AVE N34TH AVE N35TH AVE 36TH AVE 35TH AVE 34TH PL 54TH AVE54TH AVE53RD AVE52ND AVEKENTUCKY AVEJERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVEEDGEWOOD AVEWEST BROADWAY
51ST PLCORVALLIS AVE50TH AVE51ST PL NEDGEWOODAVESOO LINE PLOREGON AVEMARYLAND AVE53RD AVE52ND AVELOUISIANA AVELOUISIANA AVE NMARYLAND AVE 46TH AVE47TH AVE 48TH AVE49TH AVEEDGEWOOD AVE
FLORIDA AVE
GEORGIA AVE
HAMPSHIRE AVE
IDAHO AVE
FAIRVIEW AVEJERSEY AVE
KENTUCKY AVE 48TH AVE47TH AVEHAMPSHIRE AVE
46THPL46TH AVE45TH PLN45TH PLFLORIDA AVE
JERSEYAVEVERA CRUZ AVE54TH AVEDOUGLAS DRDOUGLAS DRFAIRVIEW AVE50TH AVECORVALLIS AVE51ST AVEBERNARD AVESCOTT
53RD AVE54TH AVESCOTT AVEQUAIL AVE 53RD AVE52ND AVEREGENTPERRY CRQUAIL AVELAKELAND AVEANGELINEANGELINEAVE NUNITY CT NANGELINECT51ST PLHANSON CTHANS ON CT
HANSON CTLAKELAND AVE CORVALLIS AVEWELCOME AVE
XENIAAVE NWELCOME AVELAKELAND AVEVERA CRUZ AVEVERA CRUZ AVE NVERA CRUZ AVE NWELCOME AVE45TH AVECOLORADO AVEXENIA AVEWELCOME AVEXENIA48TH AVE47TH AVEYATESAVE
ZANE AVEZANE AVEADAIR AVE46TH AVEBRUNSWICK AVE
COLORADOFAIRVIEW AVEAVEN45TH AVE47TH AVE BYRON AVE48TH AVELAKESIDE AVE49TH AVELAKESIDE AVE48THAVEREGENTAVEQUAILAVEPERRYAVEQUAIL AVE NTOLEDO AVE NORCHARD AVE NLAKELAND AVE
LAKELAND AVE
AQUILA AVE N
YUKON AVE N
XYLON AVE N WISCONSINUTAH AVE UTAH AVE
33REVAQUILA AVEWISCONSIN AVEVIRGINIA
32ND AVEWINNETKA AVEWINNETKA AVEWINPARK DR
PENNSYLVANIA AVE(ROCKFORD RD)REGENT AVE
QUAIL AVE
PERRY AVE N
ORCHARD AVE N
MAJOR AVE
LEE AVE
AVE KYLE
JUNE AVE
NOBLE AVE LOUISIANA AVE N47TH AVE N47TH AVE VERA CRUZ AVELOUISIANA AVE
LOUISIANA AVE36TH AVEST RAPHAEL DRMARYLAND AVE
LOUISIANA AVE
MARYLAND AVE ADAIRLAKELAND56TH AVEYATES AVE NWILSHIRE BLVD.NEVADA AVE NEVADA AVE 45TH AVELOUISIANA AVEMARYLAND AVEADAIR AVE NADAIR CT NTOLEDO AVE
OREGON CT BeaconAcademyBASSETT CREEKMAC NATURE AREAVALLEY PLACEBECKERFAIRSKYWAYNORTH LIONSFOREST ELEMENTARYCRYSTAL COMMTY CNTRMEMORY LANECAVANAGHTWIN OAKHAGEMEISTER PONDYUNKERBROWNWOODBROADWAYIRON HORSESUNNYVIEWWELCOMEKENTUCKYFLORIDAMACTWIN LAKELEELIONS SOO LINECRYSTAL HIGHLANDSNORTH BASS LAKEProposed Zoning Map®0.25 0 0.25 0.50.125MilesBASE ZONING DISTRICTS:R-1 - LOW DENSITY RESIDENTIALR-2 - MEDIUM DENSITY RESIDENTIALR-3 - HIGH DENSITY RESIDENTIALC - COMMERCIALTC - TOWN CENTERI - INDUSTRIALAP - AIRPORT DISTRICTAdath ChesedShel EmesCemeteryGlen HavenMemorial GardensCemeteryCity of Crystal Community Development Department4141 Douglas Drive North, Crystal, MN 55422-1696763-531-1142, www.crystalmn.govCrystal AirportDisclaimer:The Official Zoning Map is subject to change by action of the Crystal City Council. Any disagreement(s) or inconsistencies between this map and an ordinance adoptedby the city council, the ordinance shall prevail.Official Zoning District Map, Crystal, MinnesotaWe the undersigned certify that this is the Official Zoning Map,adopted by Crystal City Council on MONTH DAY YEAR_____________ _____________________Date Jim Adams, Mayor_____________ _____________________ Date Chrissy Serres, City ClerkDate: 3/27/2019Overlay Districts: Planned Development (PD)Town Center Planned Development (TC-PD)Floodplain Overlay DistrictCity Park LandWater BodiesAttachment B
1
509575v9 AMB CR225-423
CHAPTER V
UNIFIED DEVELOPMENT CODE (UDC)
Section 500 General provisions
500.01 Title and authority
500.03 Purpose
500.05 Relationship to comprehensive plan
500.07 Relationship to existing ordinances
500.09 Transitional rules
500.11 Severability
Section 505 Definitions
Section 510 Administration
510.01 Applicability
510.03 Planning commission
510.05 Board of appeals and adjustments
510.07 Zoning administrator
510.09 General development review requirements
510.11 Summary of application and review procedure types
510.13 Specific development review procedure requirements
510.15 Zoning certificate
510.17 Site plan review
510.19 Conditional use permit
510.21 Adjacent parcel land conveyance
510.23 Lot consolidation
510.25 Subdivisions
510.27 Comprehensive plan amendment
510.29 Rezoning or text amendments
510.31 Rezoning to planned development overlay district (PD)
510.33 Variance
510.35 Appeals
510.37 Enforcement and penalties
Section 515 Zoning districts and use regulations
515.01 Official zoning map
515.03 Establishment of zoning districts
515.05 Base zoning districts
515.07 Overlay zoning districts
515.09 Floodplain overlay district (FP)
515.11 Shoreland overlay district
515.13 Planned development overlay district (PD)
515.15 Transit oriented development overlay district Reserved
Attachment C
7
509575v9 AMB CR225-423
Subd. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Brewer taproom, brewpub or microdistillery. “Brewer taproom, brewpub or
microdistillery” has the meaning given it in the Crystal city code, chapter 12.
Subd. 20. 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. __.Building façade, primary. “Building façade, primary” means the building façade
facing a street. In the case of corner buildings, the primary façade fronts the highest classification
of streets, but if the classification is the same for both streets, the city has the authority to designate
the primary façade.
Subd. ___. Building façade, secondary. “Building façade, secondary” means the building
façade on a corner lot that is not designated as the primary building façade.
Subd. 21. 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):
8
509575v9 AMB CR225-423
(a) The deck line of a mansard roof; or
(b) The highest point of a flat roof; or
(c) The mean height between the eaves and highest point on gable, hip, or gambrel roofs.
Figure 1: Illustration of building height
Subd. 22. Building, accessory. “Building, accessory” see definition for “Accessory
structure”
Subd. 23. Building, principal. “Building, principal” means a building that is the primary
use of the lot.
Subd. 24. Building materials sales. “Building materials sales” means lots and related
structures used for the sale of construction materials, lumber, and related materials that may or
may not be within an enclosed structure.
Subd. ___Building street frontage. “Building street frontage” means the proportion of a
lot frontage on a street that is occupied by a building as measured at the required minimum front
or corner side yard setback.
Subd. 25. Bulk storage of liquids. “Bulk storage of liquids” means a use associated with
the bulk storage of oil, gasoline, liquid fertilizer, chemicals, or similar liquids.
Subd. 26. Canopy. “Canopy” means a roof-like cover, often made of fabric, plastic, metal,
or glass on a support, which is affixed to a building and provides shelter over a doorway.
Subd. 27. Carport. “Carport” means an accessory structure used generally for covering
vehicles which is open on at least two sides. It may be attached to the home or be freestanding. If
the structure is not open on at least two sides, it is considered a garage and shall comply with all
requirements in this UDC for garages.
46
509575v9 AMB CR225-423
(b) Whether the proposed amendment is consistent with the policy foundation of the
comprehensive plan; and
(c) Whether the proposed amendment will be compatible with the adjacent land uses of the
property in question.
510.29. Rezoning or text amendments.
Subd. 1. Applicability. This subsection outlines the procedural requirements for the
amendment of the text of this UDC or the official zoning map. A rezoning request to rezone to the
planned development overlay district shall be submitted and processed as provided in the Crystal
city code, subsection 510.31. An amendment to the text of this UDC or the official zoning map
may be initiated by the planning commission, the city council, proposed by city staff, or initiated
by the property owner or authorized agent of property for which the amendment is sought by
submitting an application, in writing, to the zoning administrator.
Subd. 2. Approval procedure. Amendments to the text of this UDC or official zoning map
shall be subject to the Type 2 review procedure. In the case of a rezoning to the PD overlay district
as provided in the Crystal city code, subsection 510.31, the applicant shall also submit a site plan
for the proposed project.
Subd. 3. Approval criteria. The planning commission and city council shall review the
necessary submittal requirements, facts, and circumstances of the proposed amendment and make
a recommendation and decision on the application based on, but not limited to, consideration of
the following criteria:
(a) The specific policies and recommendations of the comprehensive plan and other city
plans;
(b) The purpose and intent of this UDC, or in the case of a map amendment, whether it
meets the purpose and intent of the individual district; and
(c) If applicable, the adequacy of a buffer or transition provided between potentially
incompatible districts.
510.31. Rezoning to planned development overlay district (PD).
Subd. 1. Approval. Approval of a rezoning to PD and approval of a site plan that is in
conformance with the Crystal city code, subsection 515.13 is subject to the approval procedures
of this subsection. Approval of a rezoning to PD is also subject to the relevant requirements in the
Crystal city code section 510.29.
(a) A request to rezone a property to Town Center Planned Development (TC-PD) shall
only be allowed for those properties identified on the official zoning map as located
within the TC-PD overlay district. When a property has been rezoned to TC-PD, there
shall be no underlying zoning district classification.
Subd. 2. Effect of city council decision.
49
509575v9 AMB CR225-423
Section 515
Zoning Districts and Use Regulation
515.01. Official zoning map. The official zoning map together with all materials attached thereto
is hereby adopted by reference and declared to be a part of this section. The official zoning map
shall be on file with the city clerk.
515.03. Establishment of zoning districts.
(a) Established. The zoning classifications and zoning districts specified in Table 2 are
hereby established within the city to carry out the purposes of this UDC.
Table 2: Zoning Districts
Abbreviation District Name
BASE ZONING DISTRICTS
R1 Low Density Residential District
R2 Medium Density Residential District
R3 High Density Residential District
C Commercial District
TC Town Center Core District
I Industrial District
AP Airport District
OVERLAY ZONING DISTRICTS
FP Floodplain Overlay District
SL Shoreland Overlay District
PD Planned Development Overlay District
TD Transit-Oriented Development Overlay District
(b) Relationship of overlay districts to base districts.
(1) Where land is classified into an overlay zoning district, the regulations governing
development in the overlay district shall apply in addition to the regulations
governing the underlying base district, unless otherwise noted. In the event of a
conflict between the standards of the overlay district and the base district, the
standards governing the overlay district shall control.
(2) In some instances land may be classified into multiple overlay districts. In the event
of a conflict between the standards of the multiple overlay districts, the most
restrictive standards shall apply.
(c) Zoning district boundaries.
51
509575v9 AMB CR225-423
(b) Site development standards. Such standards shall be those provided in the Crystal city
code, subsection 520.03 for the site development standards that apply to the R2 district.
(c) Other development standards. In addition to the standards established for the R2 district
in this section, all development shall be subject to all other applicable standards as
provided in the Crystal city code, section 520.
Subd. 3. R-3 High density residential district.
(a) Purpose. The purpose of the R-3 High density residential district is to provide for
multiple family buildings and directly related, complimentary uses, together with
limited commercial uses as provided herein. In accordance with the comprehensive
plan, densities are to be no less than 16 and no more than 40 dwellings per gross acre.
As part of the approval process for a particular development, the city council may set
the maximum density at a specific figure within the range established by the
comprehensive plan, depending on the character of the surrounding area and the
potential for negative impacts on the community.
(b) Site development standards. Such standards shall be those provided in the Crystal city
code, subsection 520.03 for the site development standards that apply to the R3 district.
(c) Other development standards. In addition to the standards established for the R3 district
in this section, all development shall be subject to all other applicable standards as
provided in the Crystal city code, section 520.
Subd. 4. C Commercial district.
(a) Purpose. The purpose of the C-Commercial district is to provide for commercial and
service activities which draw from and serve customers from the entire community.
Motor vehicle-oriented uses shall be limited to certain designated corridors.
Regulations shall protect those residential uses near commercial uses from negative
impacts.
(b) Site development standards. Such standards shall be those provided in the Crystal city
code, subsection 520.03 for the site development standards that apply to the
Commercial district.
(c) Other development standards. In addition to the standards established for the
Commercial district in this section, all development shall be subject to all other
applicable standards as provided in the Crystal city code, section 520.
Subd. 5. Town Center Core District
(a) Purpose. The purpose of the TC – Town Center Core district is to accommodate
walkable, mixed-use development enhancing the public realm such as parks and streets.
Shops mix with multi-family and employment, buildings frame the street and face
Becker Park, and local multi-modal streets balance the needs of all users. In accordance
with the comprehensive plan, residential densities are to be no less than 25, and no
more than 50, dwelling units per gross acre.
52
509575v9 AMB CR225-423
(b) Applicability. Existing nonconformities may continue or redevelop as allowed by the
Crystal city code, section 515.29. Notwithstanding those regulations, it is the city’s
desire that redevelopment of properties within the TC district adhere to the planned
land use designations of the comprehensive plan and to the requirements of this
subsection.
(c) Uses. Principal permitted uses are shown in Table 3 of the Crystal city code, section
515.17. Multiple principal uses within a single parcel or building are permitted in the
TC district.
(d) Site development standards. In addition to the following standards established for the
TC district, all development shall be subject to applicable standards as provided in
Crystal city code, section 520. The TC district also includes specific standards for
building placement, height, and facades in order to encourage development that
enhances walkability, frames the public realm, and seamlessly transitions to adjacent
development.
(1) Building placement. Principal buildings shall meet the building setback
requirements found in Table 7. The purpose of these requirements is to create buildings
that have the dominant lines of their facades parallel the line of the street and create a
well-defined street edge.
(a) At intersections, buildings shall have street facades at or near the sidewalk
at the corner (see Figure _____)
Figure _____: Illustration of a building that meets both corners at a street intersection
(b) Building street frontage. At least 75 percent of the building street frontage
shall be occupied by the principal building on a primary building façade or at least
50% for a secondary building façade (see Figure _______). The following are
exceptions to these requirements:
(i) The city may consider reductions of up to 5 percent to this requirement
based on the unique characteristics of the site, if the applicant can
53
509575v9 AMB CR225-423
demonstrate to the satisfaction of the city that the building and site design
fulfills the purpose of the TC district.
(ii) If a building fronts on more than three streets, there is no building street
frontage requirement for those property frontages not defined as primary or
secondary facades.
Figure ______: Illustration of required building street frontages
(2) Building height. Maximum building height requirements are shown in Crystal city
code, subsection 520.03. The following are additional height requirements:
(a) Story height. Stories above the ground floor are limited to 12 feet in height.
Stories are measured from finished floor to finished ceiling.
(b) Ground floor height. Ground floor height shall be no less than 12 feet in
height, but not more than 20 feet. Ground floor height above 20 feet counts as an
additional story.
(c) Shadow effects study. If a proposed building is located within 75 feet of a one
or two-family dwelling, the applicant shall submit a shadow effect study to
determine any negative shadow impacts to those dwellings. If negative impacts are
determined, the city may require design techniques to mitigate the impacts, such as
reducing the height of the building, relocating or reorienting the building within the
site, reducing building mass, or stepping-back a portion of the building.
(3) Building facades. Building facades shall meet the following requirements:
(a) Building articulation. Buildings exceeding 50 feet in width along a street
shall incorporate articulation in street-facing facades to break down the scale of
large buildings and create visual interest. Techniques to incorporate articulation
include stepping back or extending forward a portion of the façade, using different
textures or contrasting but compatible materials, dividing the building into
54
509575v9 AMB CR225-423
storefronts with separate display windows and entrances, use of awnings or similar
ornamental features, or varying the roofline to reinforce the articulation of the
primary façade (see Figure _____).
Figure ___: Illustration of techniques used to break down the scale of large
buildings
(b) Facades facing Becker Park. For those buildings having facades facing
Becker Park, the façade facing the park shall be of similar or compatible quality,
design and materials as the primary building façade.
(c) Façade glazing. Façade glazing for buildings at the street frontages shall meet
the following minimum requirements:
i. Minimum area requirements. The first floor shall have a minimum glazing
of 50 percent and upper floors shall have a minimum glazing of 30 percent.
ii. Tinted and reflective glass are prohibited.
iii. At least 30 percent of the façade glazing area shall remain free of signage
or other opaque materials.
(d) Balconies, except those recessed or flush as illustrated in Figure _______,
satellite dishes, and heating, ventilation and air conditioning equipment (HVAC)
are not permitted on the primary building façade.
55
509575v9 AMB CR225-423
Figure ___: Illustration showing recessed or flush balconies
(e) Building entries.
(i) Primary building entry. A functioning primary building entry shall be provided
on the primary building façade. This entry shall be clearly defined by means of a
canopy, portico, recess, or similar architectural elements (see Figure _____).
Figure ___: Illustration of clearly defined building entries
(ii) Secondary building entry. A functioning secondary building entry shall be
provided on the primary building façade for buildings exceeding 60 feet in width.
(4) New street locations. To create better connected streets when redevelopment occurs
in the TC district, new streets shall be constructed in the locations shown in Figure
______. The city will consider alternate street locations that achieve this intent.
56
509575v9 AMB CR225-423
Figure ______: Location of new street connections in TC district
Subd. 56. I Industrial District.
(a) Purpose. The purpose of the I-Industrial district is to provide for industrial development
such as warehousing and manufacturing, with office and retail allowed as limited
accessory uses.
(b) Site development standards. Such standards shall be those provided in the Crystal city
code, subsection 520.03 for the site development standards that apply to the Industrial
district.
(c) Other development standards. In addition to the standards established for the Industrial
district in this section, all development shall be subject to all other applicable standards
as provided in the Crystal city code, section 520.
Subd. 67. AP Airport district.
(a) Purpose. The purpose of the AP airport district is to accommodate the continued
operation of the Crystal Airport in accordance with the city’s Comprehensive Plan.
Additions to existing buildings and construction of new buildings on airport property
shall be permitted so long as they comply with the standards established in this UDC.
(b) Site development standards. Those standards as provided in the Crystal city code,
subsection 520.03 shall constitute as the site development standards that apply to the
AP district.
57
509575v9 AMB CR225-423
(c) Other development standards. In addition to the standards established for the AP
District in this section, all development shall be subject to all other applicable standards
as provided in the Crystal city code, section 520.
515.07. Overlay zoning districts. The overlay districts are as provided below:
(a) Floodplain overlay district. The floodplain overlay district is subject to the Crystal city
code, subsection 515.09
(b) Shoreland overlay district. The shoreland overly district is subject to the Crystal city
code, subsection 515.11
(c) Planned development overlay district. The planned development overlay district is
subject to the Crystal city code, subsection 515.13.
(d) Transient-oriented development overlay district. The transient-oriented development
overlay district is subject to the Crystal city code, subsection 515.15.
515.09. Floodplain overlay district (FP).
Subd. 1. Statutory authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462 delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses.
Subd. 2. Purpose.
(a) This subsection regulates development in the flood hazard areas of the City. These
flood hazard areas are subject to periodic inundation, which may result in loss of life
and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this subsection to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
(b) National flood insurance program compliance. This subsection is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community’s eligibility in the National Flood Insurance Program.
(c) Preservation. This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
Subd. 3. General provisions. This subsection adopts the floodplain maps applicable to the
City and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain
(collectively, “Flood Districts”).
74
509575v9 AMB CR225-423
Resources (DNR) prior to adoption. The Commissioner must approve the amendment
prior to community approval.
(c) Map revisions require ordinance amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management
Agency to the floodplain maps adopted in the Crystal city code, subsection 515.03.
515.11. Shoreland overlay district. Reserved.
515.13. Planned development overlay district (PD).
Subd. 1. Purpose. The purpose of the planned development overlay district (PD) district is
to provide a district which will encourage the following:
(a) Flexibility in land development and redevelopment in order to utilize new techniques
of building design, construction and land development.encourage multi-modal streets
that balance the needs for all users, to permit a range of compatible uses that permit
conversion of existing buildings, and development of new buildings. Within the TC-
PD district area, such flexibility also promotes the transformation of the city’s main
commercial area into a more compact mixed-use area.
(b) Provision of housing affordable to all income groups.
(c) Energy conservation through the use of more efficient building designs and sitings, and
the clustering of buildings and land uses.
(d) Preservation of desirable site characteristics and open space, and protection of sensitive
environmental features, including steep slopes, poor soils and trees.
(e) More efficient and effective use of land, open space and public facilities through
mixing of land uses, and assembly and development of land in larger parcels.
(f) In exchange for relaxing site development standards such as building setbacks or
height, or subdivision standards such as street widths, the city receives a development
that has a high quality of design, compatible with surrounding land uses.
(g) Sensitive development in transitional areas located between different land uses and
along significant corridors within the city.
(h) Development which is consistent with the comprehensive plan.
Subd. 2. Uses. Except for those uses in the TC-PD district which have separate
requirements in this section, Within within the PD district all permitted, 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.
75
509575v9 AMB CR225-423
Subd. 3. Development standards. Except for the TC-PD district, which has separate
requirements in subd. 4 of this section, Within within the PD district all development must shall
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. Development standards for the TC-PD district. Within the TC-PD district, all
development shall be in compliance with the following:
(a) Uses.
(1) Permitted principal uses. All permitted principal uses allowed in the TC district in
Table 3 are also allowed in the TC-PD district. The following additional principal
uses are also allowed in the TC-PD district. Unless otherwise noted, all uses are
allowed without a conditional use permit, but whether the use is permitted or
conditional, it shall adhere to any use-specific standards.
76
509575v9 AMB CR225-423
(i) Day care facilities, adult
(ii) Dwellings, one-family attached
(iii) Hospitals
(iv) Hotel, motel, and extended stay establishments
(v) Industrial uses (indoors)
(vi) Private recreational facilities, indoor
(vii) Public or semi-public buildings, with a conditional use permit
(viii) Religious institutions, with a conditional use permit
(ix) Schools, elementary or secondary, with a conditional use permit
(x) Schools, nursery or preschool, with a conditional use permit
(xi) Schools, trade or business, with a conditional use permit
(2) Accessory uses. All permitted accessory uses allowed in the TC district in Table 4 are
also allowed in the TC-PD district. The following additional accessory uses are also
allowed in the TC-PD district. Unless otherwise noted, all uses are allowed without a
conditional use permit, but whether the use is permitted or conditional, it shall adhere
to any use-specific standards.
(i) Drive-through facilities, with a conditional use permit
(ii) Fences
(iii) Garages
(iv) Porches and decks
(v) Signs, under the same requirements as the TC district
(3) Temporary uses. All permitted temporary uses in Table 5 are allowed in the TC-
PD district. The use shall comply with any time limits, required permits, and use
specific-standards listed in that table.
(b) Densities. Residential densities shall be constructed to a density of 16 to 40 units
per gross acre.
(c) Building design. All new buildings within the TC-PD district shall adhere to the
TC district site development standards for building placement, height and facades in the Crystal
city code, section 515.05, subd. 5.
(d) Parking. The development shall provide parking according to the requirements in
the Crystal city code, section 520.15, subd. 6. If the applicant desires to alter the number of
77
509575v9 AMB CR225-423
required parking spaces through the TC-PD approval process, the following information shall be
submitted:
(i) Number of customers, patients, visitors, or other patrons of the proposed use.
Information shall also be included detailing the expected parking behavior of
these people (i.e., how long a customer may be at the facility);
(ii) Number of full-time and part-time employees;
(iii) Number and approximate timing of deliveries;
(iv) Such other information as may be requested by the city to determine that
sufficient parking is provided for the proposed use.
(e) Minimum green space. The minimum green space requirement in the TC-PD
district is the same as the TC district.
(f) New street locations. To create better connected streets when redevelopment
occurs in the TC-PD district, new streets shall be constructed in the locations shown in Figure
___. The city will consider alternate street locations that achieve this intent.
Figure ____: Location of new street connections in the TC-PD district
(g) Other development standards. In addition to the standards established for the TC-
PD district in this section, all development shall be subject to all other applicable standards as
provided in the Crystal city code, section 520.
78
509575v9 AMB CR225-423
Subd. 45. 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.
(1) Minor amendments shall include changes in the site design of the applicable
property that do not affect neighborhood compatibility or the public health,
safety or welfare, and that do not violate any of the provisions of this UDC or
the conditions attached to approval of the site plan.
(2) Minor amendments are subject to a Type 1 review procedure.
(3) The zoning administrator may determine that a proposed minor amendment
qualifies as a major amendment, requiring a Type 2 review procedure as
provided in subdivision 4 of this subsection.
(b) Major Amendments. Major amendments shall include all changes that are not classified
as minor amendments above and shall be subject to a Type 2 review procedure. A major
amendment may include:
(1) A substantial alteration of the location of buildings, parking areas or roads;
(2) An increase or decrease in the number of residential dwelling units by more
than 5%;
(3) An increase of the gross floor area of non-residential buildings by more than
5% or an increase of the gross floor area of any individual building by more
than 10%;
(4) An increase in the number of stories of any building;
(5) A decrease in the amount of open space by more than 5% or an alteration which
changes its original design or intended use; or
(6) The creation of non-compliance with any special condition attached to the
approval of the site plan.
515.15. Transit oriented development overlay district. Reserved.
515.17. Permitted principal uses.
Subd. 1. General provisions. Table 3 lists the principal uses allowed within all zoning
districts except for the overlay zoning districts. Except for the TC-PD district, which has separate
79
509575v9 AMB CR225-423
requirements, The the uses permitted in the overlay districts shall be controlled by the underlying
base zoning district.
Subd. 2. Explanation of table of permitted uses.
(a) Organization of table. Table 3 organizes the uses by use categories and use types.
(1) Use categories. The use categories provide a systematic basis for assigning present
and future land uses into broad general classifications (e.g., household living,
commercial, etc.). The use classifications then organize land uses and activities into
specific “use types” based on common functional, product, or physical
characteristics, such as the type and amount of activity, the type of customers or
residents, how goods or services are sold or delivered, and site conditions.
(2) Use types. The use categories are divided into specific use types. The use types
identify the specific uses that are considered to fall within characteristics identified
in the broader use category. For example, one-family or two-family are some of the
specific use types that fall under the “household living” use category.
(b) Symbols in table. The symbols used in Table 3 are defined as follows:
(1) Permitted uses (P). A “P” in a cell indicates that a use type is allowed by-right in
the respective zoning district subject to compliance with the use-specific standards
set forth in the final “use-specific standards” column of Table 3. Permitted uses are
subject to all other applicable standards of this UDC;
(2) Conditional uses (C). A “C” in a cell indicates that a use type is allowed as a
conditional use in the respective zoning district subject to compliance with the use-
specific standards set forth in the final “use-specific standards” column of Table 3
and approval of a conditional use permit in accordance with the Crystal city code,
subsection 510.19. Conditional uses are subject to all other applicable standards of
this UDC.
(3) Prohibited uses (--). A cell with a “--" indicates that the listed use type is prohibited
in the respective zoning district.
(4) Use-specific standards. The “use-specific standards” column of Table 3 cross-
reference standards that are specific to an individual use type and are applicable to
that use in all districts unless otherwise stated in the use-specific standards.
(5) Unlisted uses. If an application is submitted for a use that is not listed in Table 3,
the zoning administrator is authorized to classify the new or unlisted use, with
consultation from appropriate city departments, into an existing use type that most
closely fits the new or unlisted use. If no similar use determination can be made,
the zoning administrator shall refer the use to the planning commission, who may
initiate an amendment to the text of this UDC to clarify where and how the use
should be permitted.
80
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 TC I AP Residential Use Category
Bed and Breakfast
Establishments
C C C - - - - 515.19, subdivision 2
(a)
Dwellings, Multi-Family - P P - P - - 515.19, subdivision 2
(b)
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)
Animal
Hospital/Veterinary
Clinics [1]
- - - P P P - 515.19, subdivision 4
(b)
Banks or Financial
Institutions
- - - P P - -
Banquet Halls or Event
Centers
- - - C - C -
Brewer Taprooms,
Brewpubs or
Microdistillery
- - - P P P - 1200
Clubs or Lodges - - - P P P -
Convenience Stores - - - P P - -
Day Care Facilities,
Adult
C C C P _ P - 515.19, subdivision 4
(c)
81
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 TC I AP 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
(d)
Kennels, Commercial [1] - - - P - P - 515.19, subdivision 4
(e)
Offices, Professional - C C P P P P 515.19, subdivision 4
(f)
Parking Ramps or
Structures
- - - P P P P 515.19, subdivision 4
(g)
Personal Services [2] - C C P P P 515.19, subdivision 4
(h)
Restaurants or Eating
Establishments [3]
- C C P P P - 515.19, subdivision 4
(hi)
Retail Establishments
[4]
- C C P P P - 515.19, subdivision 4
(ij)
Theater, Indoor - - - P 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
(ml)
Vehicle Wash or
Detailing
- - - P - P - 515.19, subdivision 4
(nm)
Industrial, Manufacturing, Research and Wholesale Use Category
Building Materials Sales - - - - - P -
82
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 TC I AP 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
- - - P - P - 515.19, subdivision 5
(b)
Self Storage Facilities - - - P - P -
Warehouse - - - P - P P
Vehicle Impound Lot - - - - - C - 515.19, subdivision 5
(c)
Public Facilities, Telecommunication and Utilities Use Category
Essential Services P 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 - - - -
Hospitals - C C P - P - 515.19, subdivision 7
(a)
Private Recreational
Facilities, Indoor
C C C P - P -
Private Recreational
Facilities, Outdoor
- - - C - C -
Public Parks and
Playgrounds
P P P - P - -
Public or Semi-Public
Buildings
C C C C - C - 515.19, subdivision 7
(b)
83
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 TC I AP Religious Institutions C C C C -
C - 515.19, subdivision 7
(c)
Schools, Elementary or
Secondary
C C C C - C - 515.19, subdivision 7
(d)
Schools, Nursery or
Preschool
C C C C - C - 515.19, subdivision 7
(e)
Schools, Trade or
Business
- C C P - P - 515.19, subdivision 7
(f)
Notes:
1. Outdoor facilities may be permitted with a conditional use permit
2. A plant may be allowed as part of a dry cleaning establishment with a
conditional use permit
3. On-sale liquor, wine, or beer may be allowed to a greater extent than the
permitted use with a conditional use permit.
4. Outdoor repair may be permitted with a conditional use permit.
515.19. Use-specific standards for principal uses.
Subd. 1. Purpose and applicability.
(a) This section provides site planning, development and/or operating standards for certain
land uses that are permitted or conditionally permitted in Table 3.
(b) The land uses and activities covered by this section 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. Residential use category.
(a) Bed and breakfast establishments. Bed and breakfast establishments are subject to the
following standards:
(1) The owner shall reside on the property;
84
509575v9 AMB CR225-423
(2) The property abuts and the building faces an arterial or major collector street;
(3) The establishment shall comply with the city’s liquor license regulations in the
Crystal city code, chapter XII, as well as state health and building codes;
(4) Signage is limited to one sign that indicates the name of and contact information
for the bed and breakfast establishment but no other material. There may be one
such sign not to exceed four square feet in area, not to exceed five feet in height if
free standing, and not to be lighted unless the lighting will not negatively impact
adjacent properties;
(5) No external vending machines shall be allowed.
(b) Dwellings, multiple-family. Multiple-family dwellings are subject to the following
standards:
(1) Buildings shall be oriented so that the primary entrance faces the street from which
the building is addressed.
(2) In the TC district, multiple-family dwellings shall be constructed to a density of 25
to 50 units per gross acre.
(c)One-family attached dwellings. One-family attached dwellings are subject to the
following standards:
(1) Collective maintenance of building exteriors, driveways, landscaping, and common
areas for one-family attached dwellings is required.
(2) In the TC-PD district, one-family attached dwellings shall be constructed in the
form of rowhouses or townhouses (see Figure _____). This building form shall consist
of at least three dwelling units placed side by side.
Figure _____: Illustration of rowhouses or townhouses in the TC-PD district
(d) One-family detached dwellings. In the R-1 district, a second kitchen is allowed within
a one-family detached dwelling, if there is interior and unfettered access from all parts
of the dwelling to both kitchens and the property is not addressed or in any other way
configured or represented as a two family dwelling.
85
509575v9 AMB CR225-423
Subd. 3. Group living use category.
(a) Specialized care facilities. Specialized care facilities are subject to the following
standards:
(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; and
(2) Drive-through facilities are specifically prohibited.
Subd. 4. Commercial use category.
(a) Airport facilities. Airport facilities are subject to the following standards:
(1) Adequate controls, such as fencing, shall be provided to prevent unauthorized
access onto airport property;
(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. Except in the TC district, Outdoor 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) 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.
(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.
(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;
86
509575v9 AMB CR225-423
(2) The applicant has demonstrated that the outdoor facility will not negatively impact
neighboring properties through the use of screening or buffering.
(f) Offices, professional. Professional offices are subject to the following standards:
(1) Within the TC district, office space is limited to 15,000 gross square feet per floor.
Additional square footage may be allowed with a conditional use permit, not to exceed
a building footprint of 20,000 square feet.
(2) Within the Industrial district, professional offices are limited to 50% of the gross
floor area of the principal use.
(g) Parking ramps or structures.
(1) For all zoning districts, parking ramps or structures are subject to the following
standards:
(i) Structure entrances shall minimize conflict with pedestrian movement.
(ii) 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 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.
(2) Within the TC and TC-PD districts, parking ramps or structures are subject to the
following additional standards:
(i)For those parking ramps or structures located on a corner lot, the entry shall not
be located on a primary building façade.
(ii) The ground floor of any parking structure abutting a public street shall have
habitable or commercial space for a depth of 30 feet facing the street.
(iii) Parking structure height shall not exceed the finished ceiling height of the top
floor of the tallest principal building within 500 feet.
(iii)(iv) Upper floors of the structure shall be designed and detailed in a manner
consistent with adjacent buildings.
(h) Personal Services. Within the TC district, space for personal services is limited to
15,000 gross square feet per floor. Additional square footage may be allowed with a
conditional use permit, not to exceed a building footprint of 20,000 square feet.
(i) 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:
87
509575v9 AMB CR225-423
(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) 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 TC district, retail space is limited to 15,000 gross square feet per floor.
Additional square footage may be allowed with a conditional use permit, not to
exceed a building footprint of 20,000 square feet.
(3) Within the Industrial district, retail establishments are limited to 50% of the gross
floor area of the principal use.
(k) 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) 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;
(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) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards:
99
509575v9 AMB CR225-423
(f) Schools, trade or business. 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.
515.21. Permitted accessory uses and structures.
Subd. 1. Purpose. This subsection authorizes accessory uses and structures that are
incidental and customarily subordinate to principal uses. The intent of this subsection is to allow
accessory uses while not creating adverse impacts on surrounding lands.
Subd. 2. General provisions.
(1) Table 4 lists the accessory uses allowed within all zoning districts except for the overlay
zoning districts. Except for the TC-PD district which has separate requirements, The
the uses permitted in the overlay districts shall be controlled by the underlying base
zoning district.
(2) Small accessory uses such as arbors, benches, doghouses, play sets, garden decorations,
pergolas, and firewood cribs are exempt from the provisions of this subsection, but
cannot be located in public rights-of-way.
(3) Tents, play houses, or similar structures shall not be used as temporary or permanent
dwelling units, but may be used for recreational purposes.
(4) Any accessory structure used for the parking or storage of motor vehicles, such as a
garage or carport, shall have a floor constructed of poured concrete in accordance with
standards approved by the city engineer and building official.
(5) Accessory structures shall only be constructed concurrent with or after the construction
of the principal building on the same site.
(6) Uses and structures that are accessory to a conditional principal use shall be permitted
in accordance with this subsection, without requiring a conditional use permit
amendment, unless specifically required as a condition of the conditional use permit
approval.
Subd. 3. Explanation of table of permitted uses.
(a) Symbols in table. The symbols used in Table 4 are defined as follows:
(1) Permitted uses (P). A “P” in a cell indicates that a use type or structure is allowed
by-right in the respective zoning district subject to compliance with the use-specific
standards set forth in the final “use-specific standards” column of Table 4.
Permitted uses are subject to all other applicable standards of this UDC;
(2) Conditional uses (C). A “C” in a cell indicates that a use type or structure is allowed
as a conditional use in the respective zoning district subject to compliance with the
use-specific standards set forth in the final “use-specific standards” column of
Table 4 and approval of a conditional use permit in accordance with the Crystal city
101
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 TC IAP
Accessory Uses
Assembly or gathering
space - - - P P P - No 515.23, subdivision 2 (a)
Day Care Facilities, In home P P P - P - - No
Drive-through facilities - - - C - - - Not Applicable 515.23, subdivision 2 (c)
Home Businesses P P P - P - - No 515.23, subdivision 2 (d)
Keeping of Chickens P P - - - - - No 910
Kennels, Commercial P - - - - - - No 515.23, subdivision 2 (e)
Kennels, Multiple Animal P P P - - - - No 515.23, subdivision 2 (f)
Accessory Structures
Accessibility ramps P 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 No 515.23, subdivision 3(bc)
Carports P P - - - - - No 515.23, subdivision 3(ed)
Clothesline poles P P - - - - - No 515.23, subdivision 3(ce)
Commercial storage
buildings - - - C - P P See Note [1] 515.23, subdivision 3(df)
Fences and walls P P P P P
[2] P P No 520.09
Flagpoles P P P P P P P No
Fuel pumps, private use [2] - - - P - P P No 515.23, subd. 3 (eg)
Garages, attached or
detached P P P P - P P No 515.23, subdivision 3(eh)
Gazebos P P P - - - - No 515.23, subdivision 3(fi)
Noncommercial
greenhouses P P - - - - - No 515.23, subdivision 3(gj)
Off-street parking and
loading [23] P P P P P P P Yes 520.15
Patios, decks, and porches P P P P P - - No 515.23, subdivision 3 (k)
Sheds P P P P - P P No 515.23, subdivision 3(hl)
Sidewalks P P P P P P P No 515.23, subdivision 3(im)
Signs, Permanent P P P P P P P Not Applicable 530
Formatted Table
Formatted Table
102
509575v9 AMB CR225-423
515.23. Use-specific standards for 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.
(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) Accessibility ramps. Within the TC and TC-PD districts, accessibility ramps are
subject to the following standards:
(1) To reduce visibility, accessibility ramps shall, to the extent practicable, be
located to the side or rear of the building.
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 TC I AP
Solar energy systems P P P P P P P No 515.23, subdivision 3(jn)
Swimming pools, hot tubs,
and spas P P P P P - - No 515.23, subdivision 3(k)o
Television and radio
antennae P P P P P P P No 515.23, subdivision 3(lp)
Tennis and other
recreational courts P P P - - - - No 515.23, subdivision 3(mq)
Treehouses P P - - - - - No 515.23, subdivision 3(nr)
Workshops P P - - - - - No 515.23, subdivision 3(os)
Notes:
1. A zoning certificate is only required for commercial storage buildings in the Industrial and Airport zoning
districts.
2. Fences are not allowed in the TC district.
3. Parking lots are not allowed for one or two family dwellings. Loading spaces are not allowed in
residential districts or the TC district.
103
509575v9 AMB CR225-423
(2) If an accessibility ramp is located in the front of the building, the ramp shall
meet the following requirements:
(i) The ramp shall not exceed four feet in width leading to an entrance
landing and handrails not more than three feet in height and not more than
50 percent opaque.
(ii) The entrance landing shall not exceed 36 square feet in area.
(b) Assembly or gathering space. Adequate parking shall be provided for both the
assembly or gathering space and the principal use on the property.
(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, chapter 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, except in the TC-PD district where this
shall be a mandatory requirement, 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;
(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,
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
106
509575v9 AMB CR225-423
(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
(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.
(h) Patios, decks and porches. Within the TC district, patios, decks and porches are subject
to the following standards:
107
509575v9 AMB CR225-423
(1) Porches and decks are not permitted.
(2) Balconies are subject to the standards in the Crystal city code section 515.05, subd. 5.
(i) 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.
(j) 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.
(3) Within the TC and TC-PD districts when properties are redeveloped, sidewalks
shall be installed along all existing and proposed street frontages to a minimum
width of six feet.
(k) 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.
108
509575v9 AMB CR225-423
(l) Swimming pools, hot tubs and spas. Swimming pools, hot tubs and spas are subject to
the following standards:
(1) In the commercial zoning district, swimming pools, hot tubs, and spas are limited
to use at health clubs private indoor recreational facilities and hotels, motels, and
extended stay establishments.
(2) Within the TC district, swimming pools, hot tubs, and spas are limited to use at
apartment buildings.
(3) Within the TC-PD district, swimming pools, hot tubs and spas are limited to
apartment buildings, private indoor recreational facilities, and hotels, motels, and
extended stay establishments.
(m) Television and radio antennae. Television and radio antenna are subject to the
following standards:
(1) Satellite dishes may not exceed 40 inches in diameter.
(n) 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.
(o) 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.
(p) 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.
109
509575v9 AMB CR225-423
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. Except for the TC-PC district, which has separate
requirements, The the uses permitted in the overlay districts shall be controlled by the underlying
base zoning district.
Subd. 3. Symbols in Table. The symbols used in Table 5 are defined as follows:
(a) Permitted uses (P). A “P” in a cell indicates that a use type is allowed by-right in the
respective zoning district subject to compliance with the use-specific standards set
forth in the final “use-specific standards” column of Table 5. Permitted uses are
subject to all other applicable standards of this UDC.
(b) Prohibited uses (-). A cell with a “-" indicates that the listed use type is prohibited in
the respective zoning district.
(c) Allowable duration. The “allowable duration per site” column states how long a
specific temporary use or structure is allowed.
(d) Permit required. The “permit required” column defines if the proposed temporary use
or structure requires approval of a zoning certificate or other permit.
(e) Use-specific standards. The “use-specific standards” column of Table 5 cross-
reference standards that are specific to an individual use type and are applicable to that
use in all districts unless otherwise stated in the use-specific standards.
(f) Unlisted uses. If an application is submitted for a use that is not listed in Table 5 the
zoning administrator is authorized to classify the new or unlisted use, with
consultation from appropriate city departments, into an existing use type that most
closely fits the new or unlisted use. If no similar use determination can be made, the
zoning administrator shall refer the use to the planning commission, who may initiate
an amendment to the text of this UDC to clarify where and how the use should be
permitted.
110
509575v9 AMB CR225-423
Table 5: Permitted Temporary Uses and Structures
Use Category and Use
Type
P = Permitted Use
- = Not Permitted
Base Zoning Districts R-1 R-2 R-3 C TC I AP Allowable
Duration (per
site)
Permit
Required
Use-
Specific
Standards in
Section:
Construction Dumpster
P 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 [1]
P P P P
P
P P
270 days per
site per
calendar year
Zoning
Certificate
(Type 1
Review) [2]
515.27,
subdivision 4
Outdoor sales [1]
- - - P
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 515.27,
subdivision 6
Signs, Temporary P P P P P P P See section
530 Sign Permit 530
Notes:
1. 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.
515.27. Use-specific standards for temporary uses and structures.
112
509575v9 AMB CR225-423
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.
(6) Within the TC and TC-PD districts, outdoor dining may encroach into setback areas
or the public right-of-way, provided that the sidewalk remains clear to a width of
five feet.
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.
(b) Vehicle fuel sales. The sales and display of merchandise is limited to the walkway
adjacent to the building, but a minimum of five feet of the walkway shall be clear of
merchandise to allow for safe pedestrian movement.
(c) Tent or sidewalk sales on private property. Tent or sidewalk sales on private property
are subject to the following standards:
(1) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for
safe pedestrian movement;
(2) The property shall contain an area that will support the proposed temporary sale of
products without encroaching into or creating a negative impact on existing
vegetated areas, open space, landscaping, or traffic movements. Tents shall not be
located in the public right-of-way;
(3) 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; and
(4) Hours of operation for the sale are limited to between 8 a.m. and 9 p.m., with each
sale lasting no more than seven consecutive days. Each site is limited to no more
than three sales events per calendar year.
118
509575v9 AMB CR225-423
Figure 7). The location of natural grade shall be determined by the zoning administrator
and shall not be artificially raised to gain additional building height.
Figure 7: Illustration of height measurement
(c) FAA requirements. Height requirements shall meet the requirements of the Federal
Aviation Administration (FAA).
(1) Notice to the Federal Aviation Administration using FAA form 7460-1 is required
prior to the following:
(i) Any construction or alteration of more than 200 feet in height; and
(ii) Any construction or alteration of greater height than the imaginary surface
extending outward and upward at a slope of 100 to 1 for a horizontal distance
of 20,000 feet from the nearest point of the nearest runway of the Crystal
Airport.
Subd. 6. Permitted encroachments into setback and height requirements. Structures or
structural features may extend beyond the wall of the structure and into a required setback and
height requirement in compliance with Table 6.
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
Permitted Setback Encroachments [2]
Accessibility ramps May
encroach
into any
setback,
but cannot
be located
in the
public
right-of-
way
May
encroach
into any
setback,
but cannot
be located
in the
public
right-of-
way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
May encroach
into any
setback, but
cannot be
located in the
public right-
of-way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
May
encroach
into any
setback, but
cannot be
located in
the public
right-of-way
119
509575v9 AMB CR225-423
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
Air conditioning or
heating equipment
2 feet in
the side
yard, but cannot be
closer than
10 feet to
the living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot be closer
than 10 feet
to the
living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
2 feet in the
side yard, but
cannot be closer than 10
feet to the
living quarters
of a dwelling
on adjacent
property
Not
Applicable
2 feet in the
side yard,
but cannot be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
Not
Applicable
Attached decks or
open porches
Front/rear:
10 feet for
attached
decks or
open
porches in
the front or
rear yard of
one or two
family
dwellings,
provided
that no
more than
240 SF of the deck or
porch
encroaches
into the 30
foot
required
setback
Side: 3 feet
Corner
side: 3 feet
Front/rear:
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no
more than
240 SF of the deck or
porch
encroaches
into the 30
foot
required
setback
Side: 3 feet
Corner
side: 3 feet
Front/rear:
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no more
than 240 SF
of the deck or porch
encroaches
into the 30
foot required
setback
Side: 3 feet
Corner side:
3 feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Awnings Front: 3
feet
Side: 2 feet
Rear: 3feet
Corner
side: 2 feet
Front: 3
feet
Side: 2 feet
Rear: 3
feet
Corner
side: 2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side: 2
feet
Front/corner
side: May be
located up to
the property
line
Front: 3 feet Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3feet
Corner side:
2 feet
120
509575v9 AMB CR225-423
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
Building
projections or
bumpouts,
May
encroach 5
feet in the front
setback and
10 feet in
the rear
setback if
the
conditions
in Note 3,
below, are
met
May
encroach 5
feet in the front
setback and
10 feet in
the rear
setback if
the
conditions
in Note 3,
below, are
met
May
encroach 5
feet in the front setback
and 10 feet
in the rear
setback if
the
conditions in
Note 3,
below, are
met
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Chimneys May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
Not
Applicable
Not
Applicable
Not
Applicable
Detached decks and
patios
10 feet for
detached
decks or
patios in
the front yard for
one and
two family
dwellings,
provided that no
more than
240 SF of
the deck or
patio
encroaches
into the 30
foot
required
setback
10feet for
detached
decks or
patios in
the front yard for
one and
two family
dwellings,
provided that no
more than
240 SF of
the deck or
patio
encroaches
into the 30
foot
required
setback
10 feet for
detached
decks or
patios in the
front yard for one and
two family
dwellings,
provided
that no more than 240 SF
of the deck
or patio
encroaches
into the 30
foot required
setback
Not
Applicable
Front/corner
side: Patios
may be
located up to
the property line
Not
Applicable
Not
Applicable
Eaves or overhangs May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
May
encroach 2
feet into any
setback, but
cannot be
located in
public right-
of-way
May
encroach 2
feet into any
setback
May
encroach 2
feet into any
setback
Egress windows [4] May
encroach 3
feet into
any setback
May
encroach 3
feet into
any setback
May
encroach 3
feet into any
setback
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
121
509575v9 AMB CR225-423
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
Landings Landings
cannot
exceed 4 feet by 4
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6 feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6 feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot exceed
6 feet by 6 feet, together
with necessary
steps to reach
grade
Cannot
encroach
into public right-of-way
Landings
cannot
exceed 6 feet by 6
feet,
together
with
necessary
steps to
reach grade
Landings
cannot
exceed 6 feet by 6
feet,
together
with
necessary
steps to
reach grade
Satellite dishes May
encroach 2
feet into
any setback
May
encroach 2
feet into
any setback
May
encroach 2
feet into any
setback
May encroach
2 feet into any
setback
May
encroach 2
feet into any
setback
May
encroach 2
feet into any
setback
May
encroach 2
feet into any
setback
Treehouses 20 feet for
treehouses
in the front
yard for
one and
two family
dwellings
20 feet for
treehouses
in the front
yard for
one and
two family
dwellings
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Permitted Height Encroachments
Chimneys Not to
exceed 5
feet above
the highest
point of the
roof
Not to
exceed 5
feet above
the highest
point of the
roof
Not to
exceed 5
feet above
the highest
point of the
roof
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Spires or steeples
for religious
institutions
As
determined
by the City
Council in
CUP
review
As
determined
by the City
Council in
CUP
review
As
determined
by the City
Council in
CUP review
As determined
by the City
Council in
CUP review
Not
Applicable
As
determined
by the City
Council in
CUP review
Not
Applicable
122
509575v9 AMB CR225-423
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
NOTES:
[1] Encroachments are permitted as shown in the table, but in no instance shall encroachments be allowed in a
platted or dedicated easement. [2] Unless otherwise described, the numerical dimensions listed in this table are the linear dimensions allowed for
the setback encroachment. For example, in the R-1 district, awnings may be three feet closer to the front
property line than the required front setback for the dwelling.
[3] Front setback: Building projections or bumpouts to the front of the principal building are allowed, subject to
these conditions: 1) Each addition shall not exceed 24 feet in width, and the cumulative width of all additions
shall not exceed 50% of the width of the principal building; 2) Each addition’s encroachment into the 30 foot
required front setback shall not exceed 80 square feet, and the cumulative encroachment of all additions shall
not exceed 100 square feet.
Rear setback: Building projections or bumpouts to the rear of the principal building are allowed, subject to
these conditions: 1) The encroachment occupies no more than 300 square feet of the area within the rear
setback; 2) The width of the encroachment is no more than 50%% of the lot width measured at the rear
setback line; 3) The property owner removes any existing accessory buildings from the rear yard; 4) The
property owner signs and has notarized a written statement to the city acknowledging that no accessory
buildings may be built or placed in the rear yard and this statement will be recorded against the property.
[4] If an egress window is constructed as part of the foundation of the dwelling, the egress window shall meet the
required setbacks for the dwelling.
520.03. Site development standards.
Subd. 1. Purpose. The purpose of these site development standards is to further the
purpose of this UDC and the goals and policies of the comprehensive plan. Furthermore these
standards are intended to establish appropriate lot dimensions and setbacks within each
zoning district and provide for appropriate scale of structures.
Subd. 2. Site development standards.
(a) Site development standards for principal buildings. Table 7 are the regulations for
residential densities, setbacks, number of principal buildings, lot dimensions, building
height, and green space for placing principal buildings in the city’s zoning districts.
(b) Site development standards for accessory structures. Table 8 are the setback and height
requirements for placing accessory structures in the city’s zoning districts.
Table 7: Zoning District Site Development Standards for Principal Buildings
R1 R2 R3 Commercial TC 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
Regulated
by use-
specific standards
in Table 3
Not Applicable Not Applicable
Minimum Building Setbacks [1]
123
509575v9 AMB CR225-423
Table 7: Zoning District Site Development Standards for Principal Buildings
R1 R2 R3 Commercial TC Industrial AP
Front 30 feet 30 feet 30 feet 30 10 feet
1 foot minimum
10 foot
maximum
30 10 feet
200’ from
residential
use
Side 5 feet 15 feet 15 feet 10 feet
0 foot
minimum 10 feet
200’ from
residential
use
Rear 30 feet 30 feet 30 feet 10 feet 3 foot minimum 10 feet 200’ from residential
use
Corner Side 10 feet [2] 30 feet 30 feet 30 15 feet
2 foot
minimum
12 foot
maximum
30 15 feet 200’ from residential
use
Number of Principal Buildings
Maximum number
of principal buildings per
property
One One One One
Not
Applicable One Not Applicable
Minimum Lot Area
One-family
Detached Dwelling 6,000 SF 6,000 SF Not
Applicable
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
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
Not
Applicable
Non-Residential
Uses [3]
Not
Applicable
Not
Applicable
Not
Applicable 20,000 SF Not
Applicable 20,000 SF Not
Applicable
Minimum Lot Depth
One-family Detached Dwelling 100 feet 100 feet 100 feet Not
Applicable
Not
Applicable Not Applicable Not Applicable
Two-Family
Dwelling 100 feet 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Other Residential
Uses
Not
Applicable 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Non-Residential
Uses [3] 100 feet 100 feet 100 feet 120 feet Not
Applicable 120 feet Not
Applicable
Minimum Lot Width
One-family Detached Dwelling 50 feet 50 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Not Applicable
124
509575v9 AMB CR225-423
Table 7: Zoning District Site Development Standards for Principal Buildings
R1 R2 R3 Commercial TC Industrial AP
Two-Family
Dwelling 80 feet 80 feet Not
Applicable
Not
Applicable
Not Applicable Not
Applicable
Not
Applicable
Other Residential
Uses
Not
Applicable 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Non-Residential
Uses [3] 100 feet 100 feet 100 feet 100 feet Not
Applicable 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
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
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
5 stories or
60 feet,
whichever
is less [3]
Not
Applicable
Not
Applicable
Non-Residential
Uses [3]
2 stories
or 32 feet,
whichever
is less
3 stories
or 40 feet,
whichever
is less [4]
5 stories
or 60 feet,
whichever is
less [4]
5 stories
or 60 feet,
whichever is
less [4]
5 stories or
60 feet,
whichever is less [4]
5 stories
or 60 feet,
whichever is
less [34]
3 stories
or 40 feet,
whichever
is less
Minimum Green Space [5]
One and Two-Family Detached
Dwellings
See note
[6] below
See note
[6] below
See note
[6] below
Not
Applicable
Not Applicable Not
Applicable
Not
Applicable
Other Uses 30% 25% 20% 15% 10% 10% Not
Applicable
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.
[4] Buildings in excess of this height limit may be allowed with a conditional use permit.
[5] The minimum green space requirement is expressed as a percentage of the property that shall be free from any impervious surfaces.
[6] 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 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%.
125
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC 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 Not Applicable
Amateur radio
towers
See note
[1], below
See note
[1], below
See note [1],
below
Not
Applicable
Not
Applicable
Not
Applicable
See note
[1], below
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 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
Not Applicable
Commercial Storage
Buildings
Not
Applicable
Not
Applicable
Not
Applicable
Front: 30 feet
Side: 10 feet Rear: 3 feet Corner side: 30
feet
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
126
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC Industrial AP
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 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]
Not
Applicable
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]
Flagpoles Cannot be
closer than 5 feet to any property line
Cannot be
closer than 5 feet to any property line
Cannot be
closer than 5 feet to any property
line
Cannot be
closer than 5 feet to any property line
Cannot be
closer than 5 feet to any property line
Cannot be
closer than 5 feet to any property
line
Cannot be
closer than 5 feet to any property
line
Gazebos Front: 30 feet, but cannot be closer to
the street
than the
principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet
Front: 30 feet, but cannot be closer to
the street
than the
principal building Side: 3 feet Rear: 3 feet Corner side: 10 feet
Front: 30 feet, but cannot be closer to the
street than
the principal
building Side: 3 feet Rear: 3 feet Corner side: 10 feet
Not Applicable Not Applicable Not Applicable Not Applicable
127
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC Industrial AP
Noncommercial greenhouses Front: 30 feet, but cannot be closer to
the street
than the
principal
building Side: 3 feet Rear: 3 feet Corner side: 10
feet
Front: 30 feet, but cannot be closer to
the street
than the
principal
building Side: 3 feet Rear: 3 feet Corner side: 10
feet
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable
Patios Front: 30 feet Side: 1 foot Rear: 1
foot
Corner
side: 10
feet
Front: 30 feet Side: 1 foot Rear: 1
foot
Corner
side: 10
feet
Front: 30 feet Side: 5 feet
Rear: 3
feet
Corner side:
30 feet
Front: 30 feet Side: 10 feet Rear: 3
feet
Corner
side: 30
feet
Not Applicable Not Applicable Not Applicable
Sheds Front: 30
feet, but
cannot be
closer to
the street than the principal building [2] Side: 3 feet
Rear: 3 feet
Corner
side: 10
feet
Front: 30
feet, but
cannot be
closer to
the street than the principal building
Side: 3 feet
Rear: 3 feet
Corner
side: 10 feet
Front: 30
feet, but
cannot be
closer to the
street than the principal building Side: 3
feet
Rear: 3
feet
Corner side: 10 feet
Front: 30
feet, but
cannot be
closer to
the street than the principal building
Side: 10
feet
Rear: 3
feet Corner side: 30 feet
Not
Applicable
Front: 30
feet, but
cannot be
closer to the
street than the principal building Side: 3
feet
Rear: 3
feet
Corner side: 10 feet
Front: 30 feet,
but cannot be
closer to
the street than
the principal building Side: 5 feet
Rear: 5
feet
Corner
side: 10 feet
Solar energy systems See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below See note [5], below Swimming pools, hot tubs and spas Front: Not allowed
Side: 5 feet
Rear: 5 feet
Corner side: 10 feet
Front: Not allowed
Side: 5 feet
Rear: 5 feet
Corner side: 10 feet
Front: Not allowed
Side: 10 feet
Rear: 10
feet Corner side: 15 feet
Front: Not allowed
Side: 10
feet
Rear: 10 feet Corner side: 15 feet
Front: Not allowed
Side: 10 feet
Rear: 10
feet Corner side: 20 feet
Not Applicable Not Applicable
128
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC Industrial AP
Tennis or other recreational courts Front: 30 feet, but cannot be closer to
the street
than the
principal
building Side: 5 feet Rear: 5 feet Corner side: 10
feet
Front: 30 feet, but cannot be closer to
the street
than the
principal
building Side: 5 feet Rear: 5 feet Corner side: 10
feet
Front: 30 feet, but cannot be closer to the
street than
the principal
building
Side: 5 feet Rear: 5 feet Corner side:
10 feet
Not Applicable Not Applicable Not Applicable Not Applicable
Treehouses Front: 30 feet Side: 3 feet Rear: 3 feet
Corner
side: 10
feet
Front: 30 feet Side: 3 feet Rear: 3 feet
Corner
side: 10
feet
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable
Workshops 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 Side: 5 feet
[3]
Rear: 5 feet
[3]
Corner side: 10 feet
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable
Maximum Structure Height
129
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC Industrial AP
Accessory dwelling units, detached The height of the dwelling unit cannot
exceed the
height of
the principal
building or 20’, whichever is less
The height of the dwelling unit cannot
exceed the
height of
the principal
building or 20’, whichever is less
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable
Amateur radio
towers
Tower
not to exceed 75 feet
Tower
not to exceed 75 feet
Tower
not to exceed 75 feet
Not
Applicable
Tower
not to exceed 75 feet
Tower
not to exceed 75 feet
Tower
not to exceed 75 feet
Commercial storage
buildings
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
20 feet 20 feet 25 feet
Detached accessory buildings [6] 15 feet 15 feet 15 feet Not Applicable 15 feet 15 feet 15 feet
Essential services (such as poles or towers)
As determined by the city engineer
As determined by the city engineer
As determined by the city engineer
As determined by the city engineer
As determined by the city engineer
As determined by the city engineer
As determined by the city engineer
Fences See
subsection 520.09
See
subsection 520.09
See
subsection 520.09
Not
Applicable
See
subsection 520.09
See
subsection 520.09
See
subsection 520.09
Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
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
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 Freestandin
g: 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
130
509575v9 AMB CR225-423
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial
TC Industrial AP
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
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.
133
509575v9 AMB CR225-423
Figure 10: Fence location on corner residential lot (principal building facing longer
side)
(3) Fences in non-residential districts. Fences in non-residential districts, including the
TC-PD district, shall comply with the following:
(i) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 8.5
feet in the side or rear yard; and
(ii) For corner lots, fence height is determined in the same manner as for corner
residential lots (see Figures 9 and 10), except that the maximum height shall be
8.5 feet where a 6.5 feet fence is allowed.
(iii) Fence height in front or corner side yards may exceed 4.5 feet in height up to
a maximum of 8.5 feet if the fence is used as screening as allowed in the Crystal
city code, subsection 520.13.
(b) Locational requirements.
(1) Fences may be located within a drainage and utility easement in side and rear yards.
Where such fences are installed, the city will not be responsible for repairing or
replacing the fence if work is done in the easement.
(2) Fences shall comply with the site distance triangle requirements as provided in the
Crystal city code, chapter 8.
(3) All fences, including footings, shall be located entirely upon the property where the
fence is located. It is the property owner’s responsibility to locate property lines
prior to installing a fence.
(c) Design and maintenance requirements.
134
509575v9 AMB CR225-423
(1) Barbed wire, razor wire, concertina, dannert, and above-ground electrical fences
are prohibited. In the TC-PD district chain-link fences are also prohibited.
(2) Fences taller than four feet shall have posts in the ground at least ½ of the height of
the fence.
(3) Fences shall be maintained in good repair. Any fence that is potentially dangerous
or in disrepair shall be removed or repaired.
Subd. 2. Retaining wall requirements.
(a) Retaining walls supporting an embankment to be retained on any lot that exceeds 48
inches in height shall be benched, so that no individual vertical segment of a retaining
wall exceeds a height of six feet except where the city engineer determines that
topography requires a wall of greater height. Each individual horizontal bench segment,
so constructed, shall be a minimum width of 36 inches (See Figure 11).
(b) Retaining walls over 48 inches, measured from the top of the footing to the top of the
wall, are required to be designed and certified by a registered professional licensed in
Minnesota.
Figure 11: Retaining walls shall be benched, or
terraced, so that no individual wall exceeds a height of six feet.
520.11. Landscaping.
Subd. 1. Purpose. The purpose of this subsection is to promote the beautification of the
city and to generally protect the public welfare through the city’s authority to regulate land use in
a method that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to:
(a) Preserve and enhance the variety and extent of the city’s urban forest as an integral part
of this city’s identify and infrastructure;
(b) Protect privacy and provide buffering between land uses of differing intensities; and
(c) Increase and maintain property values.
142
509575v9 AMB CR225-423
(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) 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) Parking lots in the TC and TC-PD districts: Parking lots in the TC and TC-PD districts
shall be screened from streets and sidewalks by a masonry retaining wall or evergreen
hedge a minimum of 36 inches and a maximum of 48 inches in height.
(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.
Subd. 1. Purpose. The purpose of this section is to increase or maintain property values and
generally protect the public welfare by screening uses that could have an adverse impact on
neighboring properties.
148
509575v9 AMB CR225-423
(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.
(3) Within the TC district, no off-street parking spaces are required for non-residential
development. Residential development shall provide a minimum of one space per
unit, plus one space per five units for visitor parking.
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
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
or pool area, plus 4 spaces per
basketball court, plus 2 spaces
Not applicable
154
509575v9 AMB CR225-423
(d) In residential districts, off-street parking shall not be provided in the front setback or
side street setback, except for one and two-family dwellings, subject to the limitations
as provided in subsection (e), below.
(e) In the case of one and two-family dwellings, off-street parking is only permitted on a
hard surfaced driveway leading directly into a garage. Each property may also have
one hard surfaced auxiliary parking space in addition to the driveway meeting the
following requirements. Those properties without a garage or with only a single stall
garage may have two auxiliary parking spaces:
(1) An auxiliary space shall be located immediately adjacent to one side of the
driveway, immediately adjacent to one side of the garage, or as one turn-around
space immediately adjacent to the driveway (see Figure 19);
Figure 19: Options for locating an auxiliary parking space.
(2) An auxiliary space cannot exceed 12 feet in width and 24 feet in length, and must
be at least ten feet from the habitable portion of a residential structure on an adjacent
property; and
(3) For access to the auxiliary space, a hard surfaced taper also is permitted, provided
it does not extend into the boulevard and has an angle of at least 22-1/2 degrees and
no more than 45 degrees. If the property has setback or topographic constraints that
prevent reasonable access to a lawful auxiliary space, then the city engineer may
allow the taper to extend into the boulevard but only to the minimum extent
necessary to provide reasonable access.
Subd. 10. Setbacks. Except for off-street parking lots within the TC and TC-PD districts,
which have separate requirements in subsection (d) below, all parking lots are subject to
the setback requirements in subsections (a) through (c) below:
(a) The face of the curb shall not be within five feet of any property line and the back of
the curb shall not be within four feet of any property line.
155
509575v9 AMB CR225-423
(b) If a parking lot for a commercial, institutional, or multi-family dwelling use is adjacent
to a property used for one or two-family residential dwellings, the face of the curb for
the parking lot shall not be within ten feet of the shared property line and the back of
the curb shall not be within nine feet of the shared property line.
(c) All setbacks near intersections of public streets shall be determined by the city
engineer.
(d) Within the TC and TC-PD districts, if a parking lot is constructed it shall be subject to
the following setback and locational requirements:
i) Off-street parking lots are prohibited in front of the building, but may be
located to the rear or side of buildings (see Figure ____).
Figure ___: Allowable locations for off-street parking lots in the TC and TC-PD
districts
(ii) Corner side property line: The face of the curb shall not be within 12 feet
of the property line and the back of the curb shall not be within 11 feet of the
property line.
(iii) Interior side property line: The face of the curb shall not be within 2 feet
of the property line and the back of the curb shall not be within 1 foot of the
property line.
(iv) Rear property line: The face of the curb shall not be within 4 feet of the
property line and the back of the curb shall not be within 3 foot of the property
line.
Subd. 11. Parking design standards. Required parking areas shall be designed, constructed,
and maintained in compliance with the requirements of this subsection.
(a) Access to parking area. Access to parking areas (i.e. driveways) shall be as provided as
follows. Requirements for curb cuts and driveways approaches are provided in the
Crystal city code, Chapter 8.
159
509575v9 AMB CR225-423
(2) The striping shall be continuously maintained in a clear and visible manner in
compliance with the approved plans.
(3) The color of the striping shall be white or yellow, unless another color is required
by state law (e.g., parking for the disabled).
(e) Grading and drainage.
(1) All grading plans relating to the parking facilities shall be reviewed and approved
by the city engineer before any work can commence.
(2) All off-street parking facilities shall be properly graded and drained so as to dispose
of all surface water accumulated within the area of the parking lot.
(3) In no instance shall a storm drainage facility be designed to allow the flow of water
into abutting property without an approved easement.
(f) Curbing. The purpose of curbing is to minimize storm water runoff, protect building
and parking lot edges, and increase the survivability of plants. The following standards
are applicable to curbing:
(1) Except for one- or two-family dwellings, all parking areas or lots shall have cast-
in-place concrete barrier curb and gutter around the perimeter of the entire parking
lot. The curb shall be at least six inches wide and the gutter shall be at least 12
inches wide. This minimum standard is typically referred to as “B6-12” curb and
gutter.
(g) Sight distances. Adequate sight distances for vehicles and pedestrians shall be provided
for parking lots.
(h) Parking lot landscaping. Requirements for parking lot landscaping are provided in the
Crystal city code, subsection 520.11.
(i) Parking lot lighting. If exterior lighting is proposed in the parking plan, the lighting
shall meet the requirements as provided in the Crystal city code, subsection 520.07.
(j) Pedestrian connections. When feasible, the parking plan shall show pedestrian
connections within the property and to existing or planned public sidewalk and trail
connections, except that in the TC and TC-PD districts a minimum six foot wide
pedestrian access shall be provided from the principal entrance to any off-street parking
lot.
(k) Deviation from standards requires a detailed study. No proposed parking layout which
deviates from the standards identified in subdivision 11 of this section and which could
create a safety hazard(s) shall be allowed unless the developer provides a detailed report
or study prepared by a registered transportation engineer who demonstrates that the
parking layout is a viable alternative and is consistent with the purpose of this section.
This alternative plan is subject to the approval of the city engineer.
190
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 TC I AP
Canopy, Marquee, and
Fixed Awnings
P 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 P
Freestanding
- - - P - P P 530.11, subdivision 3
Governmental A A A A A A A
Monument
P P P P P P P 530.11, subdivision 4
Multi-Tenant - - - P P P - 530.11, subdivision 6
Off-Premise
- - - - - - -
Projecting
- - - P P P P 530.11, subdivision 5
Roof
- - - - - - -
Rotating
- - - - - - -
Sandwich board - - - P P - - 530.11, subdivision 7
Shimmering - - - P - P P
Temporary
P P P P P P P 530.11, subdivision 8
Small
A A A A A A A
Wall
P P P P P P P 530.11, subdivision 9
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
192
509575v9 AMB CR225-423
Table: 15: Freestanding or Pylon Signs
Sign Type Number
Allowed
Maximum
Height
Area Minimum
Street
Frontage
Setback From
Lot Line
Setback
From
Right-of-
Way
Freestanding
or pylon sign
1 [1] 25 feet 1 square foot
of sign per
linear foot of
frontage [2]
50 feet 10 feet, and 50
feet from
residential
district, park,
school, library,
church or
similar land use
[3]
10 feet
Notes:
1. A property abutting more than one street may have one additional freestanding sign on one of the
additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such
sign is more than 50 feet distant from any other freestanding sign on the property.
2. The area of a sign may not exceed the following square footages based on the street the sign abuts:
1. Principal arterial - 200 square feet
2. Minor arterial or major collector – 150 square feet
3. Minor collector – 100 square feet
4. Local – 50 square feet
3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement.
Subd. 4. Monument signs. Monument signs are subject to the following standards:
(a) In the residential districts, monument signs are only allowed for multiple family
dwellings or institutional or commercial uses.
(b) Monument signs shall meet the requirements in Table 16.
(c) Except in the TC district, An an electronically controlled reader board is allowed as
part of a monument sign.
194
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 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. Within the TC district, one sign is allowed per
business.
(c) Signs shall only be displayed during business operating hours.
Subd. 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. 9. 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.