2013.04.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
Monday, April S, 2013
7:00 p.m.
Crystal City Hall — Council Chambers
4141 Douglas Dr N
A. CALL TO ORDER
B. SWEARING-IN CEREMONY FOR ALL MEMBERS *
C. APPROVAL OF MINUTES
* February 11, 2013 regular meeting
D. PUBLIC HEARINGS
1. Consider Application 2013-03: Zoning Ordinance text amendment for larger
businesses and outdoor sales and service in the C-1 Neighborhood Commercial
District *
2. Consider Application 2013-04: Conditional Use Permit for outdoor food and
beverage service at 3545 Douglas Drive North (Milton's) *
3. Consider Application 2013-05: Conditional Use Permit for an events center
including on -sale liquor and outdoor food and beverage service at 4947 West
Broadway (Eventure) *
E. NEW BUSINESS
1. Discuss possible revisions to City Code Section 520 (Site & Building Plan
Review) *
F. GENERAL INFORMATION
1. City Council actions on previous Planning Commission items
- February 19, 2013: motor vehicle repair CUP approved for 5215 Lakeland
Avenue North (Rusty Phetthongdy)
2. Staff preview of likely agenda items for Monday, May 13, 2013 meeting
3. Quarterly Development Status Report *
G. OPEN FORUM
H. ADJOURNMENT
* Items for which supporting materials will be included in the meeting packet
M E M O R A N D U M
DATE: April 3, 2013
TO: Planning Commission (April 8, 2013 meeting)
FROM: .John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Swearing-in Ceremony for All Members
The City Attorney has determined that City Charter section 12.02 requires that Planning
Commission members be sworn in.
Chair VonRueden should first swear in the other eight commissioners. Then, Chair
VonRueden should be sworn in by Vice Chair Sears or Secretary Buck (if Sears is absent).
The required language drafted by the City Clerk is attached.
SWEARING-IN CEREMONY FOR ALL MEMBERS
PAGE 1 OF 1
Please raise your right hand and repeat after me:
I solemnly swear
that I will support the Constitution
and obey the laws of the United States
and the State of Minnesota.
I will in all respects
observe the provisions of the City Charter
and ordinances of the City of Crystal
and will faithfully discharge my duties
as Planning Commissioner
to the best of my judgment and ability.
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Page i of 2
CRYSTAL PLANNING COMMISSION MINUTES
Monday, February 11 9 2013 at 7:00 p.m.
Council Chambers, Crystal City Half
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission conv ed at p.m, ith the
followina members oresent.
X Commissioner (Ward 1)
❑ Commissioner (Ward2]
`a sio e : and 4)
Sears [Vice Chair]
***vacant***
* *a
X Commissioner (Ward 1)
X Commissioner (W rd 3)
Com _si ner (Ward 4}
Heigel
VonRueden [Chair]
J • nson
❑ Commissioner (Ward 2)
XCommission .,� , rd 3}
mmissioner (At -
Erickson
Buck [Secret
Large) Strand
Also present were Council Liaison Casey Pe`"k�and sta "members John Sutter ana
Corinne Elfelt.
B. APPROVAL OF MINUTES
Moved by Commissioner S
minutes of the January 14.,
E. PUBLIC H
anc;e decd by Commissioner Sears to approve the
Ye meeting.
Motion carried unanimously.
Cons tppl nation 013-02: Conditional Use Permit for Motor Vehicle Repair
a-665 ela � Avenue North (Rusty and Sons Auto Repair)
Joh Sutter, ssistant Community Development Director/City Planner,
�.I�eseStQd,the staff report,
Co missioner Strand asked for clarification on whether this business is to
py the same space as was discussed at the January Planning Commission
rleeting. Mr. Sutter explained the applicant withdrew their application
approximately a week after the January planning meeting and the new applicant
has a signed lease for the same space.
Chair VonRueden opened the Public Hearing.
Commissioner Heigel asked the applicant, Rusty Phetthongdy, if there would be
any welding or painting being done. Mr. Phetthongdy stated there would be no
painting or welding just gasoline engine repair (no diesel).
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Page 2 of 2
Hearing no further discussion, the Public Hearing was closed.
Hearing no further discussion from the Planning Commission, Chair VonRueden
asked for a motion.
Moved by Commissioner Strand and seconded by Commissioner Buck to
recommend approval of a Conditional Use Permit for Motor Vehicle Repair at
5215 Lakeland Avenue North as outlined in the staff report.
Motion g rigid- kimously.
GENERAL INFORMATION
1. Staff preview of likely agenda items for Monday, Marc,,> 1 ,` 1 Thee in
• Amazing Love has made application to rezone t� pp y loc t at 5618
56th Ave. {
• Milton's 3545 Douglas) may make appli`c t%on to end^th zoning to
include outdoor seating in C-1 districts...
OPEN FORUM
Commissioner Johnson asked if then r}age Body Blast to Metro Beat
indicated a change in ownership ad t ie e ct th WWou d have on the CUP. Mr. Sutter
said he would follow up on it arid -let t co know his findings.
ADJOURNMENT
Moved by Commissione
and s6� nded by Commissioner Heigel to adjourn.
Wu
Motion carried unanimously.
G:\PLANNING\Plarining Com mission12013\02.1 I1minutes.doc
M E M D R A N D U M
DATE: April 4, 2013
TO: Planning Commission (April 8, 2013 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing (Application 2013-03): Consider a Zoning Ordinance text
amendment for larger businesses and outdoor sales and service in the C-1
Neighborhood Commercial District*
A. BACKGROUND
The City Council initiated this application based on a request from Milton's, a small cafe
located at 3545 Douglas Drive North. They lease just under 2,500 sq. ft. within a 15,000
sq. ft. multi -tenant commercial building zoned C-1 Neighborhood Commercial. In
October 2011, Milton's was granted a Conditional Use Permit for extended hours of
operation as follows:
■ Sunday -Thursday: Open from 6:00 a.m. to 10:00 p.m. (instead of 9:00 p.m.)
■ Friday & Saturday: Open from 6:00 a.m. to 12:00 midnight (instead of 9:00 p.m.)
Milton's began operating in early 2013 and they are now seeking to add food and
beverage service to the patio in front of their tenant space. They have also expressed
an interest in possibly expanding beyond 2,500 sq. ft. adjacent space becomes
available and business conditions warrant. Neither would be possible under C-1 zoning,
as currently written, although they would be in the C-2 General Commercial district.
Notice of the Planning Commission's April 8, 2013 public hearing was published in the
Sun Post on March 28, 2013. No comments have been received to date.
The following Exhibits are attached:
A. Zoning map and aerial photos of six example sites in the C-1 District
B. Proposed ordinance changes
B. STAFF COMMENTS
The purpose of the C-1 neighborhood commercial district is to provide for offices, low
intensity small scale retail or service businesses, and compatible limited residential
uses. Retail and service uses allowed in this district are intended to be at the lower end
of the size range for commercial uses and have little or no impact on adjacent uses.
Neighborhood commercial uses typically provide goods and services on a limited
TEXT AMENDMENT - USES IN C-1 (NEIGHBORHOOD COMMERCIAL)
PAGE 1 OF 3
community or neighborhood market scale. They are to be located at the edge of a
residential area on a site adequately served by collector or arterial street facilities.
Motor vehicle oriented uses are prohibited in the C-1 district; such uses include motor
vehicle parts stores, drive-thru establishments, car washes, fueling stations, motor
vehicle repair and motor vehicle sales.
The building at 3537-3549 Douglas is among the larger C-1 properties in the city, but is
not a good candidate for C-2 rezoning because of the predominantly single family
residential neighborhoods adjacent to the property. A better approach would be to
reconsider some of the limitations in C-1 with an eye towards an increased operational
scope for businesses yet still protecting adjacent residential areas. While the inquiry
from Milton's was the trigger for the City Council's text amendment application, the
scope of the possible amendments is not limited to that proposed use.
Considerations:
1, The purpose of the gross floor area ("GFA") limitations is to encourage smaller -
scale businesses in C-1 areas, with larger businesses going to C-2 areas. The
Commission may wish to discuss whether to abolish rather than merely increase
the maximum floor area limits for permitted uses in Subd. 2 b), c) and d).
2. Retail store could use up to 50% of their GFA for repair provided that it is an
incidental, accessory use. Currently, the limit is 30%.
3. The floor area limitations apply to each use, not the whole building.
- Site #1 (5618 56th) is the vacant, lender -owned office building with a recently -
added second floor. It complies with the current size limits.
- Site #2 (5600 56th) is a small multi -tenant retail/office building; its tenants all
comply with current size limits.
- Site #3 (5421 Lakeside) is a grandfathered -in office/warehouse building so
the C-1 zoning's main impact would be to control what would be allowed if
repurposed or redeveloped.
-- Site #4 (3501 Douglas) is a medical office which complies with current size
limits.
- Site #5 (4701 36th) is a 17,175 sq. ft. building with a thrift store, convenience
store, restaurant and flower shop. All the tenants comply with current size
limits except the thrift store which exceeds the current 5,000 sq. ft. limit for
retail but would comply with the proposed new 10,000 sq. ft. limit.
-- Site #6 (2960 VVinnetka) is a multi -tenant office building. Its tenants comply
with the current size limits. If the entire building would be taken by a single
office business, it would not comply with the current size limit but would
comply with the proposed limit.
4. Also proposed is the addition, as conditional uses, two uses currently prohibited
in C-1: outdoor sales and custom manufacturing. The requirements would be the
same as in C-2 except that the absolute maximum area for outdoor sales is
1,000 sq. ft. instead of 2,000 sq. ft. as in C-2.
TEXT AMENDMENT - USES IN C-1 (NEIGHBORHOOD COMMERCIAL)
PAGE 2 of 3
C. REQUESTED ACTION
Planning Commission action is requested in the form of a recommendation to the City
Council. The anticipated schedule is as follows:
April 15 City Council (first reading)
May 7 City Council (second reading & adoption)
May 15 Publication of the ordinance amendment
June 15 Effective date per City Charter
TEXT AMENDMENT - USES IN 0-1 (NEIGHBORHOOD COMMERCIAL)
PAGE 3 OF 3
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$275,000
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Code:
COPYRIGHT 0 HENNEPIN COUNTY 2013
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City of Crystal Zoning Code
515.45
C-
j_Neig.1-iborhood Commercial
515.45
(Rev. 2012)
Subdivision 1. Purpose, The purpose of the C -I neighborhood commercial district is to provide
for offices, low intensity small scale retail or service businesses, and compatible limited residential uses.
Retail and service uses allowed in this district are intended to be at the lower end of the size range for
commercial uses and have little or no impact on adjacent uses. Neighborhood commercial uses typically
provide goods and services can a limited conliflUnity or neighborhood market scale. They are to be located
at the edge of a residential area oil a site adequately served by collector or arterial street facilities. Motor
vehicle oriented uses are prohibited in the f":-1 district; such uses include motor vehicle parts stores, drive-
thruestablishments, car washes, ftieling stations, motor vehicle repair and motor vehicle sales.
Subd, 2. Permitted P—rin.c-ip
_q] U scs.
a), Tile following uses are permitted.
Essential services.
b) The following uses are permitted, provided they do not exceed UT,AW_15 000 square feet
of gross floor area and are not open before 6:00 a,rn, of after 9:00 p.m.
1) Offices including [eased, commercial, professional, public, medical, dental,
insurance, real estate, funeral homes not including cremation, and banks or
similar financial institutions.
C) The following uses are permitted, provided they do not exceed 4 -,NO A.k),000 square feet of
gross floor area and are not open before 6:00 a.m. or after 9:00 p.m.
1) Retail stores, including incidental repair as all accessory use not to exceed
3,(,)%5,,0.% of the gross floor area.
2) Schools that are typically commercial in nature such as business, music, dance
and martial arts schools.
3) Veterinary clinic, provided there are no outdoor facilities.
d) The following uses are permitted, provided they do not exceed 2:,5,(,,)(-'�-5,,,O00.,sqtiare feet of
gross floor area and are not open before 6:00 a.m. or after 9:00 p.m.
1) Bakeries.
2) Laundromat, to include pick-up stations for laundry and dry cleaning, but not to
include dry cleaning or plant accessory thereto.
3) Off -sale liquor, wine or beer establishments.
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City of Crystal Zoning Code
4) Locksmith.
515.45, Subd. 2 (d) (4)
(Rev. 2012)
5) Personal services limited to barber shops, beauty parlors, body piercing, day
spas, nail salons, pet grooming, sauna or steam bath, tanning salon, tattooing, and
therapeutic massage.
6) Photography studio.
7) Eating establishments, including cafes, coffee shops, delicatessens, ice cream
shops and restaurants, together with on -sale liquor, wine or beer provided such
use is accessory and subordinate to the eating establishment and occupies no
more than 30% of the gross floor area of the eating establishment.
8) Sewing repair, tailoring or mending.
9) Shoe repair.
Subd. 3. Pennitted Accessary Uses.
a) Off-street parking as regulated by subsection 515.17 of this Code but not including semi-
trailer trucks or parking ramps.
b) Off-street loading as regulated by subsection 515.17 of this Code.
C) Prepared food sales as an accessory use to retail food uses such as supermarkets or
convenience stores. The term "prepared food sales" means the sale of food consisting of
individual servings of ready -to -consume prepared food, beverages and condiments, in or
on disposable or edible containers without eating utensils, for consumption off the
premises of the principal use.
d) On -sale liquor, wine or beer as an accessory use to an eating establishment. Such use is
permitted only if it is clearly subordinate to the eating establishment. In no event shall
such use occupy more than 30% of the total floor area of the establishment or comprise
more than 30% of its gross sales.
e) Signs as regulated by section 405 of the city code.
f) Fences and walls, subject to the provisions of subsection 515.13, subdivision 7.
g) Antennas and towers for amateur radio operations licensed by the FCC, together with
necessary guy wires and anchors. Such structures shall be made of unpainted metal or
other visually unobtrusive material, subject to the approval of the zoning administrator.
Such structures shall not be located in any front yard, side yard, or side street side yard.
Such structures shall be set back at least 15 feet from any lot line; except for necessary
guy wires and anchors, which shall be set back at least 3 feet from any rear or side lot
line; and except for antennas made only of wire less than 1/4 inch in diameter, which shall
be set back at least 3 feet from any rear or side lot line.
City of Crystal Zoning Code 515.45„ Subd. 3 (h)
(Rev. 2012)
h) Roof -mounted television and radio receiving antennae, not including satellite dishes, [lot
to exceed 12 feet above the roof, and not projecting more than 2 feet into any yard.
i) Satellite dishes not to exceed 40 inches in diameter and not to exceed 4 feet above the
roof.
j) An assembly or gathering space that is accessory and subordinate to a permitted principal
or conditional use in this district, provided that it does not operate before 6:00 a.m, or
after 9:00 p.m. and there is adequate off-street parking to accommodate the use.
Assembly or gathering spaces that are not accessory and subordinate to a permitted
principal or conditional use in the C-1 district are conditional uses in accordance with
Subd. 4 b) of this sub -section.
Subd. 4. Conditional Uses.
a) Governmental and public utility buildings and structures necessary for the health, safety
and general welfare of the community provided that:
1) Side setbacks shall be double that required for the district.
2) Equipment and materials are completely enclosed in a permanent structure with
no outside storage, unless in compliance with 515.49 Subd. 4 f).
3) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a} and section 520 are considered and satisfactorily met.
b) Public or semi-public institutional uses including recreational buildings; neighborhood
service or community centers; assembly or gathering spaces not accessory and
subordinate to a permitted principal or conditional use in the C-1 district; governmental
agencies or non-profit organizations providing social, educational and recreational
services to members of the community; public and private educational institutions
including day care, nursery school, pre-school, elementary, junior high and senior high
schools; and religious institutions such as churches, chapels, temples and synagogues;
provided that:
1} The city council finds that there is adequate off-street parking to accommodate
the use; and
2) 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.
3) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a} and section 520 are considered and satisfactorily met.
City of Crystal Zoning Code 515.45, Subd. 4 (c)
(Rev. 2012)
C) Storage buildings as an accessory use provided that:
1) The principal use is either a permitted use or an approved conditional use.
2) The storage building is located on the same lot as the principal use.
3) No detached accessory building shall be located closer to an abutting street than
the principal structure.
4) The storage building does not exceed 30% of the gross floor area of the principal
use.
5) Occupancy and use of the storage building is directly related to principal use and
the same party has full control and use of both the storage building and the
principal use.
6) The city council determines that the architectural style is compatible with the
principal building and surrounding land uses.
7) The city council determines that such use will not conflict with the character of
development intended for this zoning district.
8) The city council detennines that all applicable requirements of subsection
515.05, subdivision 3 a) and section 520 are considered and satisfactorily met.
d) For uses permitted in parts b), c) and d) of Subdivision 2 of this Subsection, a Conditional
Use Permit may be granted to allow less restrictive hours of operation limitations,
provided that:
1 } The applicant has submitted a detailed description of the proposed use containing
sufficient information for the Planning Commission and City Council to make
findings pertaining to the application.
2) The proposed use would be reasonable and appropriate in a neighborhood
context and consistent with the purpose of the C-1 district; and
3) The proposed use would not significantly impact the surrounding residential area;
and
4) Rezoning the subject property to C-2 General Commercial would not be
desirable.
City of Crystal Zoning Code
515.45, Subd. 4 (d) (5)
(Rev, 2012)
5) Conditions may be imposed to ensure that the proposed use will meet these
criteria and be consistent with the purpose of the C-1 district, Such conditions
may include but are not limited to ,in expiration date, non -transferability, periodic
renewal requirements, and provisions for revocation if the use is not in strict
conformance with the use described in the written request and in full compliance
the imposed conditions.
6) The City Council determines that all applicable requirements of Subsection
515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met.
Limited residential uses:
I The city council finds that establishment of the residential Use would not
adversely impact adjacent non-residential uses.
2) The property must continue to principally be a commercial use in accordance
with subdivision 2, Permitted uses for the C-1 district.
3) The gross floor area of tile residential use shall not exceed the gross floor area of
the permitted principal Use.
4) Parking spaces for both the Commercial and the residential uses shall be provided
in accordance with the rcquiremeats of section 515.17; except that if the
residential use is located within all existing building and the residential use will
not increase parking demand compared with the existing use of the space, then no
additional off-street parking is required.
5) To maintain the commercial character of the district when considering a specific
application, the City Council may impose additional requirements related to the
building exterior, ingress and egress, and site conditions.
6) The city council determines that all applicable requirenients, of subsection
515.05, subdivision 3 a) and section 520 are considered and satisfactorily niet.
o Telecommunications towers in accordance with the requirements of section 515.21.
91_ . .... . ............. or outdoor,scryi -, - .play or rental as all aeCCSs0ry,u IMIJ11C L d'j sales ill
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tile site as beill inlited to tile sfra.Nfwc..._
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between thestablislrtrrent_and aldjaaccnt_t_isc�:.
O,adetermines that �rlxlr...rlrc�t, le jtiremenks.,....01SUbection
5 1 {t5 ,subdivisrorr,-.3 a�, and sectr.oa.?....520 are Considered ...and satis a ct_or i ly rji,p :.
lr ..._.-._t rrstrrrr rrr�r�7trfGrckcrr° ct ,...r lrr c c � r l'�r kraar� k ttc rq,tii_ limited to.. Art,
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Such use does not exceed .....(l(1..°�c�raCrt.�...��,ct_c f rw ; f1poi area and is rtcr . o )eii
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rrrl ircmentS_Under ..this Code.
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tl?e.r.,lteclrils rrrc css of rvlrrrt..N_t<rl 1rr..,,rr„rt�ri,l rrof' r c�r��lrrr�rlal°
srzc,irr q-,coippqf&e location.
flee t c rrra w,l determines that..._` such use will wart cc7.rr_llict,with (lie character rpt.
r�rrulit district,
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J, E =E 11 Kom: ► ll
DATE: April 4, 2013
TO: Planning Commission (April 8, 2013 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearinp_(Application 2013-04): Consider a Conditional Use Permit
for outdoor food and beverage service at 3545 Douglas Drive North
(Milton's)
A. BACKGROUND
Milton's Caf6 is located at 3545 Douglas Drive North. In addition to food items they offer
beer and wine. Milton's leases just under 2,500 sq. ft. within a 15,000 sq. ft. multi -
tenant commercial building on a parcel addressed as 3537 Douglas and zoned C-1
Neighborhood Commercial. Milton's operates under a 2411 Conditional Use Permit for
extended hours of operation, as follows:
• Sunday -Thursday: Open from 6:00 a.m. to 10:00 p.m. (instead of 9:00 p.m.)
■ Friday & Saturday: Open from 6:00 a.m. to 12:00 midnight (instead of 9:00 p,m.)
Milton's proposes to add outdoor seating including full food and beverage service to the
patio area in front of their tenant space. The approximate dimensions of the seating
area are 7 x 40 feet, with an approximate capacity of 24 people. The seating area
would be semi -enclosed with decorative planters.
Please note that outdoor food and beverage service is not currently allowed in the C-1
district. This CUP application would only be approved if the City Council also adopts an
ordinance amendment adding outdoor sales as a conditional use in the C-1 district.
First reading is scheduled to occur on April 16, second reading on May 7, ordinance
publication on May 16 with an effective date of June 15. Please also note that, on April
16 the City Council will hold a public hearing on the expansion of the on -sale liquor
license to include the new outdoor seating area.
Notice of the Planning Commission's April 8, 2013 public hearing was mailed to
property owners within 500 feet and published in the Sun Post on March 28, 2013. No
comments have been received to date.
The following Exhibits are attached:
A. 2012 aerial photo
B. Milton's narrative
C. Site plan and photo simulation of proposed seating area
3545 DOUGLAS DR [MILTON'S] - OUTDOOR SEATING
PAGE 1 OF 4
B. STAFF COMMENTS
The proposed outdoor seating area would extend 7 feet out from the front of Milton's
and be 40 feet wide. It would have seating for approximately 24 guests and rely on `soft'
separation consisting of planters and railings.
The proposed conditional use permit requirements (to -be -added 515.49 5ubd. 4g) and
staff's recommended findings and conditions are itemized below:
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.
Findings and conditions:
a. The proposed outdoor seating area is hard surfaced with a 'soft'
separation of planters and railings. At a minimum, Milton's shall
maintain separation as shown in the submitted plans or in a
substantially similar manner.
b. Due to the small scale of Milton's and its limited (beer/wine only)
liquor license, 'soft' separation will be allowed on a trial basis.
c. The Police Department is concerned that `soft' separation may
not adequately control access to and from the outdoor seating
area. Their preferred method is a secure fence with exit -only
gates and access only available from within the restaurant.
d. If at any time the Police Department determines that the
separation is inadequate, then the matter will be brought back to
the City Council, and at that time the Council may require Milton's
to install more robust separation and access control as a
condition of continuing the outdoor food and beverage service.
2) The service, sale, display or rental area does not exceed 30% of the gross floor
area of the principal use, 20% of the area of the property, or 1,000 square feet.
Findings and Conditions: The proposed outdoor seating area would
be 11% of the principal use, 2% of the property and 280 square feet.
3) The items to be placed outdoors are typically found outdoors and are
constructed of materials appropriate for outdoor weather conditions.
Findings and Conditions: The outdoor seating and related fixtures
will be evaluated for compliance as part of the county health
department's restaurant inspection and licensing process which will
include the outdoor seating area. Milton's may elect permanent or
temporarylportable seating depending on its business/operational
needs and seasonal/weather factors. City staff will work with Milton's
to ensure compliance.
3545 DOUGLAS DR (MILTON'S) - OUTDOOR SEATING
PAGE 2 of 4
4) The city council finds that there will be adequate screening and buffering
between the establishment and adjacent uses.
Findings and Conditions:
a. The outdoor seating area will be subject to the same hours of
operation limitations as Milton's Cafe as approved in October
2011.
b. No screening is required because the outdoor seating area is
visible from few residential properties, and those are located at a
sufficient distance.
c. Adequate buffering is present due to the public sidewalk and
adjacent bituminous strips between the seating area and the
roadway.
5) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a) and section 524 are considered and satisfactorily met.
515.45 Subd. 3 a): In addition to specific standards or criteria included in the
applicable district regulations, the following criteria shall be applied in
determining whether to approve a conditional use permit request:
■ The consistency of the proposed use with the comprehensive plan.
• The characteristics of the subject property as they relate to the proposed use.
■ The impact of the proposed use on the surrounding area.
Findings and Conditions:
a. If the C-1 text amendment is adopted, then the proposed outdoor
seating area would be consistent with the Neighborhood
Commercial guidance in the Comprehensive Plan. This CIDP shall
not be effective until the effective date of the text amendment
(June 15, 2013).
b. The seating area would complement the mixture of other small-
scale commercial uses in the area.
c. The seating area would not create significant negative impacts on
the surrounding area provided that:
• it is operated and maintained in compliance with all aspects of
city code and conditions imposed under this CUP.
• Adequate off-street parking shall be made available on the
subject property. If the city receives reports of inadequate
parking, then city staff will work with the property owner on a
solution such as supplemental, off-site parking in the adjacent
parking lot across the street. If inadequate parking persists,
and city staff is unable to resolve the matter with the property
owner, then it will be brought back to the City Council, and at
that time the Council may require a parking solution as a
condition of continuing the outdoor food and beverage
service.
3545 DOUGLAS DR (MILTON'S) - OUTDOOR SEATING
PAGE 3 OF 4
All conditions of the October 2011 Milton's CUP shall also
apply to this CUP, including the following:
- If the city receives verified reports of negative impacts on
adjacent residential property, including but not limited to
noise or other disturbances by patrons in the parking lots,
then the property owner and Milton's management shall
take steps to correct the problem. Failure to satisfactorily
correct the problem, as determined by the City Manager,
would result in review and possible revocation of the
conditional use permit. If the permit is revoked, Milton's
would have to follow the standard hours of operation
limitations in the C-1 district.
-- Any change in the operational characteristics of the business,
including but not limited to those described in the applicant's
narrative, may require a new conditional use permit
application. The City Manager shall determine whether a new
application is required.
- This conditional use permit shall not be transferable to a
different business or different owner of the same business. In
such instances, a new conditional use permit application shall
be submitted.
Section 520 (Site Plan Review)
Findings and Conditions:
Site improvements are already in place.
C. REQUESTED ACTION
Planning Commission action is requested in the form of a recommendation to the City
Council. The motion should reference the findings and conclusions in the staff report or
include other findings and conditions specifically stated by the Commission.
3545 DOUGLAS DR (MILTON'S) - OUTDOOR SEATING
PAGE 4 OF 4
n
d
Fl
m
John Sutter
From: phis Weber [ptpartyplanner@hotmail.comj
Sent: Tuesday, March 05, 20135:07 PM
To: ,John Sutter; Chrissy Serres; freewebman@me.com
Subject: Narrative
Proposal for patio dining at Milton's:
Milton's Cafe' would like to request issuing of permits for full service food and beverage, beer & wine , at the table
seating in front of our restaurant. The seating area will be enclosed on all sides by the use of planter boxes and railing wJ
hanging baskets. It will be open at the front to allow for both A.D.A compliance and access to our front door and
outdoor tables . The outdoor tables will at all times be attended to by wait staff. Also, the outdoor table seating is in
complete visual control by both the bar and inside staff to insure complete security.
Thank you for your consideration,
Francine and Phil Weber.
m
m
Z
Re.- gift card / outdoor seating
F ro rn SUSM LOSCHIN KOK (sus&nskovboftArOiLcom)
Sena:. Tue 1/05113 1222 AM
To: phil Weber (ptpartypIannef@WmaO-can)
Hi Phil,
I'm atmftng my best effoet at a front view photo with the patio sketched in. lt's not high ant, but hopefully it vAH suffice for the city.
thanks,
Scoobit
on Mar 4.24113„ at 7A7 PM, phil Weber wrote:
Scoob,
Looks great. I'm taking 4 to the city in the AA I'll let you krKm how it goes.
Thanks,
Phil.
Subject: Re gift card / outdoor seating
Frorn: kSlartskayha.gmaaJ f17.
Uate: Mon, 4 Mar 2013 12;29:46.0600
To: p!_p ',,q
0,gypJqp,O.y9-tmd pfri,
Hi Phil,
I just finished a first go at the outdoor seating plan. This is just a view from the top. EJ and went over before he left this weekend and took some front view pictures
and measurements, so the width and depth from the street are roughly to scale, (about 40 across, There's the ffor so of seating area, then a 60" deep length of
blacktop, then the 6W siclewalk and then araher 36" deep length of blacktop before the cufbIstfeet.)
Let me know if tmclose on how you want it to lock and I'll work on the front view this afternoon.
thanK
Scoobie
https:llbay]66.mail.live.comlmaillPrintMessages.aspx?cpids=10176911-855d-Ile2-8bf3-041... 3/5/2013
DATE: April 4, 2013
TO: Planning Commission (April 8, 2013 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing (Application 2013-05): Consider a Conditional Use Permit
for an events center including on -sale liquor and outdoor food and
beverage service at 4947 West Broadway (Eventure)
A. BACKGROUND
The subject property is guided and zoned C-2 General Commercial. Doug Stanton
Ministries International (DSMI) is currently using the building for a church and related
uses. Another church leases space from DSMI.
The applicant (Krystal Sedwick d/b/a Eventure) proposes to lease the property from
DSMI and repurpose it for a multipurpose events center, including two large ballrooms
(one on each floor), various smaller meeting and activity rooms and a restaurant/bar
with outdoor seating. A conditional use permit is required for the events center, on -sale
liquor and outdoor seating.
Notice of the Planning Commission's April 8, 2013 public hearing was mailed to
property owners within 500 feet and published in the Sun Post on March 28, 2013. No
comments have been received to date.
The following Exhibits are attached:
A. 2012 aerial photo
B. Eventure narrative
C. Floor plan
B. STAFF COMMENTS
The main level is comprised of a main ballroom (4,600 sq. ft.), restaurant/bar (2,700 sq.
ft.), shared kitchen/food prep area, large foyer, and various storage, office and other
ancillary rooms. The lower level contains an L-shaped ballroom (4,800 sq. ft.) a smaller
meeting room (1,400 sq. ft.), classroom (900 sq. ft.) a serving kitchen, a mechanical
room, some offices and other ancillary rooms. The attached narrative describes the
proposed use in more detail.
4947 WEST BROADWAY (EVENTURE) - EVENTS CENTER, ON -SALE & OUTDOOR SEATING
PAGE 1 OF 5
The outdoor seating area would be located in a 1,200 sq. ft. area `notch' along the north
half of the west side of the building. Detailed plans have not been prepared, but at this
time the owner plans to install a raised deck to match the floor level in the
restaurant/bar. Access would be from within the restaurant/bar via a new opening to be
created in the exterior wall.
The lower level is already fire-sprinklered but the upper level is not, Fire code requires
that the upper level must be sprinklered before its ballroom may be used for large
events.
The Kiddz Inn would not be a general child care facility, but would be a place for child
care while parents are on-site, such as for a performance in the ballroom or dinner in
the restaurantlbar. It would also be available for birthday parties and other special
events for children.
The proposed conditional use permits are for an events center (515.49 Subd. 4b), on
sale liquor (515.49 Subd. 4c) and outdoor seating with food and beverage service
(515.49 Subd. 4f). CUP requirements and staff's recommended findings and conditions
are itemized below (duplicate requirements have been omitted):
1) The city council finds that there is adequate off-street parking to accommodate
the proposed use.
Findings and Conditions:
The site has 334 parking spaces. The zoning ordinance has a
baseline requirement of 4 spaces plus another 34 spaces are
required for the restaurantibar. For the remainder of the facility, city
code requires four parking spaces plus one space per 3 people in
the assembly spaces, meaning the total number of people at the
facility (excluding the restaurant/bar) shall not exceed 888.
Calculation: 334 spaces total
- 4 spaces (baseline)
- 34 spaces (restlbar, 2,700 sq. ft. at 80 sq. ft. per space)
= 296 spaces for assembly uses
x 3 people per space
= 888 maximum occupancy (not including rest/bar)
2. 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 and Conditions:
The facility has two curb cuts on West Broadway (CSAH 8), a major
collector with approximately 6,000 average daily trips and a capacity
of approximately 16,000. No access from the property to Fairview
Avenue will be permitted. The facility is also served by public
4947 WEST BROADWAY (EVENTURE) --- EVENTS CENTER, ON -SALE & OUTDOOR SEATING
PAGE 2 OF 5
sidewalks along West Broadway and various on -road and off-road
bicycle and pedestrian facilities in the surrounding area.
3. The city council finds that there will be adequate access control, fencing,
screening and buffering between the establishment and adjacent uses.
Findings and Conditions:
The property has an existing fence and vegetative screen along its
south lot line, between the facility and Fairview Avenue which has
single family houses on the other side. Eventure shall preserve and
maintain the fence and vegetative screen.
4) The service, sale, display or rental area is hard surfaced and clearly designated
on the site as being limited to the specific, approved area.
Findings and Conditions:
a. The proposed outdoor seating shall not exceed 1,240 sq. ft. It will
consist of a raised deck to match the floor in the restaurant/bar
with access only from within the restaurant bar by way of one or
more openings to be cut through the exterior wall.
b. A building permit including detailed plans will be required for the
raised deck and new opening in the existing walls.
c. The building code will likely require safety railings which may
provide adequate separation of the outdoor seating area from the
parking lot. The railing system may need to incorporate
emergency exits (one-way) gates, stairs and other items to ensure
emergency egress.
d. The Police Department and West Metro Fire Rescue District will
review the detailed pians for the outdoor seating area and may
require changes to the plans to ensure adequate public safety
including security and emergency egress.
5) The service, sale, display or rental area does not exceed 30% of the gross floor
area of the principal use, 20% of the area of the property, or 2,060 square feet.
Findings and Conditions: The proposed outdoor seating area would
be 5% of the principal use, <11% of the property and 1,200 square
feet.
6) The items to be placed outdoors are typically found outdoors and are
constructed of materials appropriate for outdoor weather conditions.
Findings and Conditions: The outdoor seating and related fixtures
will be evaluated for compliance as part of the county health
department's restaurant inspection and licensing process which will
include the outdoor seating area.
4947 WEST BROADWAY (EVENTURE) - EVENTS CENTER, ON -SALE & OUTDOOR SEATING
PAGE 3 OF 5
7) The city council finds that there will be adequate screening and buffering
between the establishment and adjacent uses.
Findings and Conditions:
a. No screening is required because the outdoor seating area is not
practically visible from any residential properties.
b. Adequate buffering is present due to the distance between the
seating area and adjacent properties, provided that noise levels
are controlled so as to not disturb adjacent properties.
8) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a) and section 520 are considered and satisfactorily met.
515.05 Subd. 3 a): In addition to specific standards or criteria included in the
applicable district regulations, the following criteria shall be applied in
determining whether to approve a conditional use permit request:
■ The consistency of the proposed use with the comprehensive plan.
■ The characteristics of the subject property as they relate to the proposed use.
■ The impact of the proposed use on the surrounding area.
Findings and Conditions:
a. The proposed uses are consistent with the property's General
Commercial designation in the Comprehensive Plan.
b. The uses would be broadly consistent with prior uses of the
property and the original design of the building and site
improvements, but the specific operational characteristics of the
proposed use are unknown.
c. To protect the surrounding area from potential negative impacts
of the proposed use, the following conditions are imposed:
• Other than the outdoor seating with food and beverage
service, no events outside the building are permitted.
• In addition to the outdoor seating area associated with the
restaurantlbar, a designated smoking area shall be created on
the north side of the building adjacent to the main entrance.
Use of other doors for egress to smoke, such as the fire exits
from the ballrooms, shall not be permitted.
• Hours of operation for the restaurant/bar are not being
specifically limited by this CUP, but under this CUP they may
be subsequently limited by the city council as part of the
annual liquor licensing process if the council finds that such
limitations are necessary to prevent negative impacts on the
surrounding area.
• Hours of operation for events (excluding the restaurant/bar)
shall be limited to 6:00 a.m. to 10:00 p.m. Sunday through
Thursday and 6:00 a.m. to 12:00 midnight Friday and Saturday,
and all guests must leave by those times. Event support staff
and performers may arrive up to 1 hour before and 1 hour after
4947 WEST BROADWAY (EVENTURE) - EVENTS CENTER, CN -SALE & OUTDOOR SEATING
PAGE 4 OF 5
the allowed start and stop times for set-up and tear -down. For
events with music, the music must stop by 3:30 p.m. Sunday
through Thursday and 11:30 p.m. Friday and Saturday. These
restrictions are the same as those at the nearby Crystal
Community Center.
Section 520 (Site Plan Review)
Findings and Conditions:
Site improvements are already in place, but the parking lot will need
to be re -striped to better define the parking spaces. This must be
completed prior to the beginning of operations other than the
restaurant/bar.
C. REQUESTED R C TION
Planning Commission action is requested in the form of a recommendation to the City
Council. The motion should reference the findings and conclusions in the staff report or
include other findings and conditions specifically stated by the Commission.
4947 WEST BROADWAY (EVENTURE) -- EVENTS CENTER, ON -SALE & OUTDOOR SEATING
PAGE 5 OF 5
4'
hventure L.L.C.
Conditional Use Permit
Attachment #6
Eventure L.L.C. consists of 4 business services under one roof. with varying hours dependent
upon the day of the week and what part of the company is in operation. The earliest hours
offered by the entire complex would be 7:OOam with the latest event cleared out by 2:00am
XNhicli would mostly take place during Friday and Saturday nights. You ' ill find general hours
for each company below. 11'e currently have six executives that will begin the venture with us
and we will grow by approximately 50 employees within our first year of business.
\cyte Out prm,ides public event experiences to the surrounding commun'ty riot seen in this area.
Offering live local music, ladies of leisure evenings, book signings by popular authors, amateur
comedy ni-ghts. murder mystery dinners and other unique experiences dr;vtri by popularity and
design. N to out will operate seven days per week and while hours Neill �-a� y. most events will
fall between 4:00 pm and 1:00 am never to exceed 2:OOann.
C,- /stal Lnunge offers the public a constant and comfortable gathering place. featuring drinks, a
lu_:ch and dinner menu of American Fare with an upscale twist on the us�ial. Crystal Lounge will
be one of the only places to go for Sunday brunch offered in the cotrnmLill itand it will be
l0ic) v,n a� and referred to as simply amazing. Crystal Lounge will be oper_ 'Monday thru
Thursday from 10:00 am-11:00pm, Friday -Saturday 10:00am-1:OOan-i, and Sunday 9:00am-
9:00pm.
Kid& Inn is a safe, monitored, and secure environment promoting a fur,. n'ace for children of
-:he comi-w_:1iity. A single room at our venue. Kidz Inn offers drop-in chi'6,are during adult
-vents. children's themed birthday parties, family fun events, Holidays and "field trips, including
children's playgroups and educational classes to boot. Not found in any o,'ier commercial event
environment with the one exception of gambling venues. Kiddz Inn hours will vary as they are
open for special events and as a service to our clients. We anticipate evenings, during events
`1,0111 4: `JOpm-11:00pm, it will also be open during daytime hours for child -en's birthday parties.
lei-•stal:ne Events rounds out the entirety of this event pow=erhouse. Foci'lying on top -of the line,
CAO:w' edge private events with a high expectation of hospitality and cave:;ng to the individual
Tient. The private event portion of Lventure gives clients a known place to enjoy and celebrate
their special occasions or business functions in a custom created environ•-_:-nt beyond anything
cu' 11t,� available from any competitor.
Proposed Property
4947 West Broadway
Crystal, M
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M E M O R A N D U M
DATE: April 4, 2013
TO: Planning Commission (April 8, 2013 meeting)
FROM: John Sutter, City Plan nerfAssistant Community Development Director ci-
SUBJECT: Discuss possible revisions to City Code Section 524 (Site & Building Plan
Review)
Section 520 of city code (Site and Building Plan Review) was originally adopted in 1995. It
applies to larger construction projects, mainly commercial, industrial, institutional or high
density residential, but not single family homes or duplexes. It lays out a Planning
Commission and City Council review process including notice to property owners within 350
feet, similar to conditional use permit, variance or other zoning applications. It also contains
site and building design guidelines, although to a large degree these are consistent with (and
often supplanted by) requirements found in the zoning ordinance. Its intent and purpose
statement (520.01) is as follows:
It is the intent of this section to serve the public interest by promoting a high standard of
development within the city. Through a comprehensive review of both functional and
aesthetic aspects of new or intensified development, the city seeks to accomplish the
following:
a) implement the comprehensive plan;
b) maintain and improve the city's tax base to a reasonable extent;
c) mitigate to the extent feasible adverse impacts of one land use upon another;
d) promote the orderly and safe flow of vehicular and pedestrian traffic; and
e) preserve and enhance the natural and built environment.
The City Council has initiated a review and possible amendments to Section 520, with the
Planning Commission to recommend changes for Council consideration.
For Planning Commission discussion l have attached a first draft of proposed changes to
Section 520 . This is just a starting point for the Commission's discussion on April 8 and
subsequent meetings as needed.
SECTION 520 (SITE & BLDG PLAN REVIEW)
PAGE 1 OF 1
Section 520 Site and building plan review
520.01. Purpose. It is the intent of this section to serve the public interest by promoting a high standard of
development within the city. Tbrough a comprehensive review of both functional and aesthetic aspects of
new or intensified development, the city seeks to accomplish the following:
a) implement the comprehensive plan;
b) maintain and improve the city's tax base to a reasonable extent;
C) mitigate to the extent feasible adverse impacts of one land use upon another;
d) promote the orderly and safe flow of vehicular and pedestrian traffic; and
e) preserve and enhance the natural and built environment.
520.03. Approval required. Except as provided in subsection 520.05 without first obtaining site and
building plan approval it is unlawful to do any of the following:
a) construct a building;
b) move a building to any lot within the city;
C) expand or change the use of a buidling or parcel of land or modify a building, accessory
structure or site or land feature in any mariner which results in a different intensity of use,
including the requirement for additional parking;
d) grade or take other actions to prepare a site for development, except in conformance with
a permit or an approved plan; or
C) remove earth, soils, gravel or other natural material from or place the same oil a site,
except in conformance with a permit or an approved plan.
520.05. Exceptions. The following do not require site or building plan approval:
a) construction or alteration of a single family or V
tN fain qv residential building or
.
accessory building;
b) enlargement of a building by less -no -m - ore than 10% of its gross floor area, provided that
there is no o I e s ecial land Ljw iicd also provided that
the director of community development has conducted an administrative review pursuant
to subsection 520.15.
C) changes in the leasable space of a multi -tenant building where the change does not
intensify the use, require additional parking, or result in an inability to maintain required
performance standards; or
(1)- 410WATUOiOil (N - a heNfl-i of) 04 any-iise
or- (-s �Y- ty, Ou 11 CA, i l at- I lie +i ilie
520.07. Review procedure. Subdivision 1. Application, Application for a site and Wilding plan review is
made to the director of community development on forms provided by the city and must be accompanied
by the following:
a) a plat or map of the property showing the proposed improvements;
ddi
within
1ple) evidence of ownership or an interest in the property;
Cd) the fee required by appendix IV;
de) complete site and building elevations and footprint plans, signed by a registered architect,
civil engineer, landscape architect or other appropriate design professional; and
e1 4)
t SUCII other information as may be required by the city.
Subd. 2. Plan amendment, An application for a site and building plan review on a parcel for
which the zoning is contrary to the land use designation in the comprehensive plan tllUst be accompanied
by an application for an amendment to the comprehensive plan.
Avo "A
stMemet a -hit4w-eft--ni ad e -fly -aloe -e I,
'r -If - A, - -r
r-3 �,44S . CH+ ell v vroltli+en t-a44*l-fme4-A t4nenl-4s,
SUbd. ;u) " S " to - f - I'Review-c-omnfnl
+ittve. Uport submittal of required materials, the application USt
be reviewed by the city. A staff report must be pfepated mi,d-l-mi-led
pr Njo before W,,� 4jflt-fl-thg,,PL]blie hearing-difte.
_ulto the applicant;
520.09. Standards. In evaluating a site and Wilding plan, the planning commission and city council InLiSt
consider the plan's compliance with the following:
a) consistency with the elements and objectives of the city's development guides, including
the coiiipreliciisiveplait, general building reqLtiretnejits,stib,.,eeti(,),n--.544'.44q-zo '
R1
TI9
ordinance -an(] stormwater management plan;
--------- ----- . ............
-b) consistency with this section;
C) preservation of the site in its natural state to the extent practicable by minimizing tree and
soil removal and designing grade changes to be in keeping with the general appearance of
neighboring developed or developing areas;
d) creation of a harmonious relationship of buildings and open spaces With natural site
features and with existing and future buildings having a visual relationship to the
development;
e) creation of a functional and harmoniOLIs design for structures and site features, with
special attention to the following:
1) an internal sense of order for tile buildings and uses on the site and provision of a
desirable environment for occupants, visitors and the general community;
2) the amount and location of open space and landscaping;
3) materials, textures, colors and details of construction as ail expression of the
design concept and the compatibility of the same with the adjacent and
neighboring structures and uses, and
4) vehicular and pedestrian circulation, including walkways, interior drives and
parking in tern is of location and number of access points to the public streets,
width of interior drives and access points, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement and aniount of parking.
f) promotion of energy conservation through design, location, orientation and elevation of
structures, the Use and location of glass in structures and tile Use of lat idscape materials
and site grading nand i.rovision of facilities conducive to non-Inot(Irized transpot'Wtioq
— . .......... ...
whery Of'thC P.MPPEty; and
__ppicticable find consistent, with the LI
g) protection of adjacent and neighboring properties through reasonable provision for
SUrike water drainage, sound and sign buffers, preservation of views, light and air and
those aspects of design not adequately covered by other regUlatiOnS that may have
substantial effects on neighboring land uses.
520.11. Planning commission review. as.1,2mvided for i 1119 . n 52 j 5 u-1.4pon receipt of a completed
....... .. .. . . . 11111111 - ......
applieation, a date will be set for planning commission consideration. 'file review will be held no fewer
than ten days after mailed notice is sent to the owners of properties located wholly or partially within 350
feet of the site, as reflected in the cer-4fied-records of the Hennepin County Taxpayer Services44ivission
Malffl#ff. Following the hearing or any continuance the
planning commission must make a recommendation to the city council regarding the matter.
520,13. Multiple applications. A site and building plan application that is accompanied by a request for it
a d Ise
liptJo,111-triust be
considered by the planning commission concurrently Nvith the
application.
520.15. Administrative approvals. Subdivision 1. Director. Site and building plans that involve
. . . .. ................. .. ..
. ..... by and no more than 50'No ofj _,grp - a
,I _jt� oss flom , rea but do not
require an ol S eCiM hUld Use action
. ........... Y 1 P ................
be approved by the
director of community development. If any application is processed administratively, the director of
CORIMUnity development MLISt render a decision within 34-10 businss.-
rens.-days after [jete
.. . . ........... .. ......
application i",nade-and sef vv-fl-,c(-)py -441le- dee4si0I1-uj")oIl-noffy_ the applicant by nlail. 'I"ller"e"'J'sJID
,q?p1j aflon fee foradn i iist,ialive,approvqs.
SLIM. 2. Appeal. Any person aggrieved by a decision of the director Of C01111111,11lity development
may appeal the decision to the planning corrinlission in the manner specified in the
zoning code.
520.17.'I'erm of approval, Subdivision 1. Commencement of construction. Construction of the building or
initiation of the use must begin no later than Deceinber 31 of the year following the year in which site and
building plan approval is granted, After the expiration of such period the approval is null and void unless
the city council grants an extension of time or a building permit has been issued and substantial
work performed on the project.
Subd. 2. Extension, Upon request by the applicant, the city council may grant a one-year
extension of time for a site and building plan approval following compliance with the notice and public
hearing requirements of this section. The city may decline to grant an extension if there has been a change
in circumstances affecting the property or if there are other reasons to justify the denial. A change in
circumstance may be an approved modification to the comprehensive guide plan, substantial changes to
the surrounding development pattern or other items as determined by the city.
Subd. 3. Three extensions, Three consecutive one-year extensions constitutes conclusive proof
that the development has not made adequate progress toward completion, and no further extensions may
be granted.
520.19. Conditions. The planning commission, City Council or director of community development may
impose conditions in granting approval to site and building plans to carry out the intent of this section or
to protect adjacent properties.
520.21. Specific project. Site and building plans are valid only for the project for which approval is
granted. Construction of all site elements must be in substantial compliance with the plans and
specifications approved by the planning commission, city council or director of conirminity development.
520..23.. A.rc;hitectuural standards. Subdivision 1, Intent. It is not the intent of the city to restrict design
freedom unduly when reviewing project architecture in connection with a site and building plan.
However, it is in the best interest of the city to promote high standards of architectural design and
compatibility with surrounding structures and neighborhoods. Architectural plans must be prepared by an
architect or other qualified person acceptable to the director of community development and show the
following:
a) elevations of all sides of the building;
b) type and color of exterior building materials;
C) a-typica]-floor plan;
d) dimensions of all structures inch (Jng
curbs, sidewalks 11�11-d
sup t,1 areas pnd apy,�hj,ng,p�sc that built orl.voijosed to he built; and
...... . .... . .......... . ....... . . ....... ..... .. . .. .. ............ . .......
e) the location of utility c,P!,P)PO,tq1ts',-trash and recycling containers,
ventilation, and -air
conditioning equipment.,(
.,tintan-N, otl'l
ler ixte01' ec p
uipillent oil 111C rojielly.
..... . .... .. ---- I I I'll-, - 1-1urs 1, 1-11 -1 - . --
Subd. 2. Exterior materials, Blank walls, unadorned prestressed concrete panels, concrete block,
unfinished metal and corrugated metal are not permitted as exterior materials for residential or non-
residential buildings. This restriction does not apply to industrial uses, provided that adequate screening is
included in the design.'I'his restriction applies to principal structures and to accessory buildings except
those accessory buildings not visible from any exterior property line. The city council may, at its
discretion, allow architecturally enhanced block or concrete parcels. (Amended, Ord. No. 2000-04, Sec. 1)
Subd. 3. Mechanical equipment. Rooftop or ground mounted mechanical equipment and exterior
trash and recycling storage areas must be c9risiructed ofor enclosed with materials yesdictically
. . .. . . .. .................. . ...... .... . .
compatible will, the principal structure. Low profile, self-contained mechanical units that blend it, with
the building architecture are exempt from
the screening requirement.
Subd, 4. Utilities. Underground utilities must be provided for new and substantially renovated
structures.
520.25. Landscape plan requirements. Landscape plans Must be prepared by a landscape architect or other
qualified person acceptable to the director of community development,
must show the following
-miless deterrnined bthe director to be unnecsary:
y cs
. . . . ... .. .....
a) boundary lines of the property with accurate dimensions;
b) locations of existing and proposed buildings, parking lots, roads and other improvements;
C) proposed grading plan with two foot contour intervals;
d) location, approximate size and common name of existing trees and shrubs;
C) a planting schedule containing symbols, quantities, common and botanical narnes, size of
plant materials, root condition and special planting instructions;
f) planting details illustrating proposed locations of all new plant material;
g) locations and details of other landscape features including berms, fences and planter
boxes;
h) details of restoration of distUrbed areas including areas to be sodded or seeded;
location and details of irrigation systems; and
j) details and cross sections of all required screening.
520.27. Minimum landscaping requirements. Subdivision 1. Plan. Open areas of a lot that are not used or
improved for required parking areas, drives or storage must be landscaped with a combination of
overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping
will include ground cover, bushes, shrubbery, trees, sculpture, foundations decorative walks or other
similar site design features or materials in a quantity having a minimum value in conformance with the
following table:
Project Value (including building construction, Minimum Landscape Value
site preparation, and site improvements)
Below $ 1,000,000 2%
$1,000,001 - $2,000,000 $20,000 + I% of Project Value
in excess of $1,000,,000
$2,000,001 - $3,000,000 $30,000 + 0.75% of Project
Value in excess of $2,000,000
$3,000,001 - $4,000,000 $37,500 + 0.25% of Project
Value in excess of $3,000,000
Over $4,000,000
1
- I%
Where healthy plant materials of acceptable species exist on a site prior to its development, the
application of the standards in this subdivision may be adjusted by the city council to allow credit for
such material, provided that Such adjustment is CODSiSterlt With the intent of this section. The city may
permit the seeding of areas reserved for Future expansion of the development if consistent with the intent
of this section.
Subd. 2. Trees. A reasonable atterript must be made to preserve as many existing trees as is
practicable and to incorporate tbeni into the site plan.
Subd. 3. Overstory trees. New overstory trees must be balled and burlapped or moved frorn the
growing site by tree spade. Deciduous trees must have a minimum caliper of2Y2 inches. Coniferous trees
will be a minimum of six feet in height. Ornamental trees must have a minimum caliper of 11/2 inches. I Hie
city fiVesternlay-walyc Illese tree size standards 111-sice'lic arses Micresinaller sizes inay produce a;r
bcIqIc-l'(IiILIiItconie as deterniined by diecib, ster..
Subd. 4. Uncovered areas. Site areas not covered by buildings, sidewalks, parking lots,
driveways, patios or similar hard surface materials must be covered with sod or an equivalent ground
cover approved by the city. This requirement must not apply to site areas retained in a natural state.
Subd, 5, Sprinkler system. In order to provide for adequate maintenance of landscaped areas, an
underground sprinkler systern must
at-fea A -equal -the floor area ofthe
e; r tiro ...ztraociaraerrawhen a new 's constructed or an existing 1�aijlding in ,,irgq
....... .. . ... . ......... . . . .. . when .. ...... . m .......... . . ....... . ..
.5..... . .0...%....... or inore ofits existing q5s,l'lor I
rea. A sprinkler system ii�aist
ewept -is,pot required kv areas to be preserved in a natural state or are be 111"diltailled ill
a Manner as to not 1, )II's"110ject to the review and a,lil o0a ofthe city Corester.
, "I . - - . . . ... ................ ..... ... . .
Subd. 6. Trees: species. Not more than 503-0,% of the required number of trees must be composed
of one species,,, nd no Irce rna , be plai
PIN d.-((�. it s '11
1+'
. . . ... .... .. ... .
4ifl IoNN4i-ig-trees-iuv pml+44) ited,,
ft)- ---- ----H-Spee-i e's arrthe genus� I J 11,11"s (elfil)j except, 1110SC- el HAS-bl"Od Uk..r[W- invilliffe- (o Ihl tel I el t -TI
dlsefvse�,
520.29. Internal parking lot landscaping. Subdivision 1. Parking stalls. Parking lots containing over 150
stalls must be designed to incorporate unpaved, landscaped islands in number and dimension as required
by the city. Landscape islands must contain a minirnum of 180 square feet. 4 ,
_g
areas that are necessaryto promote the safe and efficient flow of traffic arc not to be COUnted in the
. . . . ... ... .... . ... ... . .. . . ......... .
calculatioll ol, the 150 Stalls. stu[+�Oel to
Subd. 2, Landscape areas. fly,m pgJqti (11
J"!114�� 'A?C, areas i,ptisl cover at lcasl 8% flie surf,ice 1
which they uegmitahied, SUCh PR1kii1g4ot-]t'k-
aiiva I-+(-- areas, including landscape islands, must be
. ......... . . . . . ......
reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Vafliiig
I'm lan(Iseape-.S.A.C. 1.1 areas must be provided with deciduous shade trees, ornamental or evergreen trees,
plus ground cover, mulch or shrubberyml1?
_,ject to review andapproyal es. s
bytheCity FOI ter -a
detefui ivied-appivipr= ate -t -).y- 4 lie
11,andscape trees must be provided at the rate of one tree for each 15 surface parking spaces
provided, or major ftaction thereof, li�trATurf-lint -[,Ia,ndscaping must be contained in planting beds bordered
by a raised concrete curb or equivalent approved by the planning commission.
520.31. Maintenance of landscaping. The owner, tenant and their respective agents are jointly and
severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and
orderly appearance and free from refuse and debris. Plants and ground cover that are required by an
approved site or landscape plan and which have died must be replaced within three months of notification
by the city. However, the time for compliance may be extended Lip to nine addil ional months by the
director of
community development in order to allow for seasonal or weather conditions.
520.33. Retaining walls. Retaining walls must be constructed in accordance with plans prepared by a
registered engineer or landscape architect ill quited by. -the un-ifomi-building code.
520.35. S.I.I.-required. Subdivision 1. Improvements, When screening,
landscaping,. paved, areas or other similar improvements to property are required,, t1l.p.q. a pt4-4+rmatice-bond
cash eser-M, depq,�Jt is required in J:.)rovisiolls- set
. .. . ...... ... ... . ... . ......
oNhe-oling-e(-A jg��q qt� Sqpjpj !Jog ofthe wclrk at�d surviwal ofthe laiidsc
P -11 - 11 -111111111,1111-111-- - � ..... . ......... ...... ....... . ....... ...... . ... ........... .. _._aving
Ind trees for at least one y r afler installatioll. T'he guirantee ofxvork., escrow release and related tt 's
Ina 01,
. . ................. . .... - - - - -- --------------- ........ ...... .
shall be I , a Site Ull beqycen the eit ai d rop owner in
gqycpie( by
t i _1.1 . j
y 11Y
accoraccordancewillitheci 'sstatidan by the director of"
.
dance" .... ..... . ... .- _ -- - cit. .. ... . . ................. . ............. . . . . .......... ... . . .
Subd. 2. Completion of work, depo,slt sllil�llll berellcasled.,
Ill cases where various eleincms ofthe vvork are collljlfete,c!Jil distiflct_stage.', reque tfor atjj�al r. le -ly .. . ...... ...... - ------ -------- -
play -lac j)pproved b , the director of . colminj i evelopluoit. In the event construction of
. . ........... Ow . . ....... .... .. . ... .. . ....... ......... . ... . . .
the project is not completed within the time prescribed by building permits atidor other approvals, the
city may, at its option, complete the work
escl,Mv
Subd. 3. Extension. The city may allow an extended period of time for completion of all
landscaping if the delay is due to conditions, which are reasonably beyond the control of the developer.
Extensions not exceeding 27()-day-sas ' i 'ne g_ li(-) _' q ' i ' I ' i ' s ' may be granted due to seasonal or weather conditions. If
an extension is granted, the city may require additional security as appropriate.
520.37. Screening and buffering. Subdivision 1. Certain uses. The following uses must be screened or
buffered in accordance with the requirements of this subdivision:
a) Principal buildings and structures, and any building or structure accessory thereto,
located in any busi,nesscommercial, industrial or planned iiiii4-development Kollhjg_district
,ind containing non-residential uses, Must be buffered frorn lot-s-Aamntj)[ople'rq located
iIII BY -1 -CS a idential or p[tuna
act, alid used for any residential purpose.
b) Principal buildings and structures and any building or structure accessory thereto Joem-ted
al-haying,,derisities exceeding five units per acre must be buffered from 4<-)t-s4oem4,ed4rI any'
RA -A jjroj.je
-nly mving a 1,0%ver residenlial densit -th, ,In tile
C) Off-street parking facilities containing five or more spaces must be buffered from S4KAe+s
used for any residential
purpose.
d) Loading docks must be screened from lot lines and public roads unless spccJlf
deterin c s
. .... ... b --V t ic. c comicil to be mince s m
........ . .
C) Trash and recycling storage facilities must be screened from lot lines and public roads
LHIICSS I t city council to be unnece.s. ar
. 1 1111111-1— 11111-1--- 1 -------- t— ---- I —1C . . . . ...... S )
f) Outside storage in and industrial districts that is allowed by other
provisions of this code must be screened frown all public views.
Subd. 2. Materials. Required screening or buffering may be achieved with fences, walls, earth
berms, hedges or other landscape materials, Walls and fiences, niust be arch itCCt Lira] ly harmonious with tile
principal building. Earth berms may not exceed a slope of 3:1. The screen must be designed to employ
materials that provide an effective visual barrier.
Subd. 3. Location. Required screening or buffering must be located oil tile lot Occupied by the
use, building, facility or structure to be screened. No screening or buffering may be located on a Public
right of way or within eight feet of tile traveled portion of a street or highway, nor within 24-4"&et-,44-'-a
sight tyJanle
9--
described h 1 the zor_qrd,inance.
. . . . ..... . ............ ...... . ... ...........
Subd. 4. Height. Required screening or buffering must be of a height needed to accomplish the
goals of this section. Height of plantings, required under this section must be measured at (lie time of'
installation.
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