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2019.08.20 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Aug. 16, 2019 City Council Meeting Schedule Tuesday, Aug. 20, 2019 Time Type of meeting Location 6:30 p.m. City Council work session Conference Room A 7:00 p.m. City Council meeting Council Chambers Immediately following the City Council meeting Economic Development Authority (EDA) meeting *A portion of this meeting may be closed pursuant to M.S. 13D.05, subd. 3(c)(1). Council Chambers Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Work Session Agenda Aug. 20, 2019 6:30 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on Aug. 20, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance: Council Members Staff ____ Parsons ____ Norris ____ Adams ____ Therres ____ Banks ____ Ray ____ Budziszewski ____ Revering ____ Deshler ____ Serres ____ Kiser ____ LaRoche II. Agenda of discussion items: 1. Pavement markings. 2. City manager monthly update. 3. Constituent issues update. 4. New business.* 5. Announcements.* * Denotes no supporting information included in the packet. III. Adjournment: The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: August 20, 2019 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Pavement marking procedure Summary As part of the long term planning effort in the City, public works staff have looked at pavement markings to evaluate what is needed from an operational standpoint and where reductions are feasible to bring the maintenance cost projections closer in line with the budget. The overall goal is to be consistent with pavement marking across the city and for the pavement markings to be replaced/refreshed on a rotating schedule of every five years or so. The annual budget for pavement marking is $8,000 and has not been changed in at least the last four years. To provide some context for the cost of pavement markings, here are typical unit prices: - Yellow center lines $0.75 to $1.00 per foot - White lane and edge lines $0.40 to $1.00 per foot - Pavement messages $100 to $200 each - Stop bars $6 to $20 per foot - Crosswalks $70 to $110 per rectangle - Railroad crossing markings $500 to $600 each In 2015, the City developed a YouTube video on pavement markings to show a section of street before and after the pavement markings were done in an attempt to show the impact the markings had on traffic: https://youtu.be/KEuBExnWozo Based on the proposed pavement marking procedure, the total cost of the pavement markings on the system is around $150,000, of which nearly half is crosswalk markings. Attachments • Pavement marking procedure • Map showing where the pavement markings will be, based on the proposed procedure Council action • No formal action is needed. • Staff would like Council’s direction if they are comfortable with the proposed pavement marking procedure or if there are changes desired. PUBLIC WORKS DEPARTMENT POLICIES AND PROCEDURES MANUAL Page 1 of 4 TITLE: Pavement Marking NUMBER: EFFECTIVE DATE: 2019 NUMBER OF PAGES: 3 Purpose statement To identify the pavement markings that will be used in the City of Crystal. Policy application Pavement markings should be installed and maintained on City streets meeting at least one of the identified criteria for a given marking type. Procedure A. Yellow Centerline (3B.1) 1. Any City street with a curb face-to-curb face width of 38 feet or more. Reasoning: A Street that is 38 feet in width, curb face-to-face, is the minimum width for a three-lane section. Because the street is so wide, drivers may need assistance in maintaining the proper placement or correctly identifying the number of travel lanes available. The MnMUTCD identifies 20-foot travel way (40-foot-wide street) as the threshold to place a centerline. 2. Any City street with an ADT over 4,000. Reasoning: This volume threshold is established by the MnMUTCD. 3. Any City street where a centerline may be reasonably successful at addressing a safety issue as determined by an engineering review. Reasoning: The intent of the centerline is to separate opposing directions of vehicle travel. In situations where drivers are routinely not maintaining proper separation, and causing potential safety hazards, the installation of a centerline may reinforce correct vehicle placement. An example of this is could be situations where the intended separation in traffic direction is not at the center of the street. 4. Multiple Lanes. Any street with multiple lanes of traffic (three-lane section or more). Reasoning: With multiple lanes of traffic on a single street, correct vehicle positioning is critical to overall street operation. B. Pavement Messages (3B.20) Page 2 of 4 1. Lane assignment arrows may be used at any intersection where a lane is restricted in potential movements. Reasoning: Without additional information, drivers may assume that any movement is allowed from a given lane. In exclusive movement lanes (primarily turn lanes), pavement markings, in addition to proper signage, can reinforce permitted movements from each lane. The use of the text “ONLY” will not be used as each lane will have markings as to what movements are allowed and the use of only will be redundant. 2. Where through traffic lanes approaching an intersection become mandatory turn lanes, lane-use arrow markings shall be used and shall be accompanied by standard signs. Reasoning: This is required. C. White Lane Lines (3B.4) 1. Any City street with multiple lanes at an approaching intersection. Reasoning: Without lane markings, drivers may not position themselves properly at an intersection. Not only can this cause potential safety issues, but operational issues as well. 2. Any City street with multiple lanes in the same direction. Reasoning: Without lane markings, drivers may not position themselves properly to fully realize the intended operation of the street configuration. 3. Any exclusive turn lane (right or left) on a City street. Reasoning: Any exclusive turn lane adds another lane of travel to a street. When multiple lanes exist for a common direction, white markings should be used to separate the lanes. D. White Edge Lines (3B.6) 1. White edge lines may be considered along the travel-lane side of any parking bay, regardless if there is a centerline or not. Reasoning: In poor visibility conditions, drivers tend to use references on the right side of the road for navigation. The reason right side references are used is that the driver is as far from opposing traffic as possible. Because a parking bay is a temporary widening of the road, a driver who is following the curb line may incorrectly shift more to the right. When the parking bay terminates, the driver would have no advanced warning of the alignment change. An edge line will act as a continuation of the curb line and provide drivers with a reference point without the potential conflict when the parking bay terminates. Additionally, during good visibility conditions the edge line will delineate the edge of the travel way and assist drivers in proper placement in the absence of a centerline. 2. White edge lines may be considered along the edge of the road where there is the need to create a buffer space from the curb line. Page 3 of 4 Reasoning: Creating a bike lane, space for pedestrians to walk where there is no sidewalk are just a few examples of the potential need to use white edge lines. 3. White edge lines should not be used strictly to indicate that parking is allowed on the street. The vast majority of City streets do not have pavement markings and parking is allowed. No parking signage, or the absence of it, should be what indicates where vehicles can park along a roadway. E. Stop Bar (3B.16) 1. Obscured Stop Sign. An advanced stop warning sign will be evaluated prior to consideration of a stop bar. Other options, such as removing vegetation or other obstructions will be considered first. The stop bar would be considered supplemental to an advanced warning sign. 2. Stop Bars will not be placed at locations where vehicles are not required to stop every time per State Statute 169.30 sub (b). F. Crosswalk (3B.18) 1. Crosswalks may be considered at school crossings when there is substantial conflict between pedestrians and motor vehicles such as crossing of collector streets, streets with speeds limits greater than 30 mph, substantial turning traffic, or mid-block locations. 2. Designated non-intersection or mid-block crosswalks Reasoning: Drivers may not expect pedestrians to cross at mid-block locations. If a mid-block crossing is designated with appropriate warning signs, a marked crosswalk should also be considered. A traffic study should be done to verify the need and appropriateness of a crosswalk in such a location. 3. Regional trails may have marked crosswalks, unless changes are needed based on regional consistency efforts. The crosswalks will be maintained per agreements with Three Rivers Park District. 4. Crosswalks at intersections of local-local streets, local-minor collector (based on the City’s Functional Classification Map), or across non-signalized City streets at County Highway intersections will not be marked. 5. Will not be painted across County Highways and Principal Arterials at non-signalized locations. a. Exception will be locations with other crosswalk warning signage G. Railroad Crossings (8B.27) 1. Will be installed at all railroad crossings with gates or signals. Reasoning: This is required. Page 4 of 4 2. Will be installed at all railroad crossings on streets with a posted speed of 40 mph or greater. Reasoning: This is required. H. Exceptions and Deviations – as determined appropriate by the City Engineer. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 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Call to Order, Roll Call and Pledge of Allegiance. 2. Approval of Agenda The Council will consider approval of the agenda. 3. Appearances 3.1 Peace Officer Standards and Training (POST) Board Executive Director Nate Gove presentation.* 3.2 Chief Revering will present the Chief’s Award to Mr. Tom Johnson.* 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1. Approval of the minutes from the following meetings: a. The City Council work sessions on July 11, July 16 and Aug. 8, 2019. b. The City Council meeting on July 16, 2019. 4.2. Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3. Approval of a resolution accepting $279.35 from donation boxes for Crystal Police K-9 Unit. 4.4. Approval of a resolution ordering preparation of an assessment roll, declaring the amount to be assessed and setting a public hearing date for 2019 delinquent accounts. 4.5. Approval of a resolution reauthorizing Crystal’s membership in the Minnesota Municipal Money Market (4M) Fund. Crystal City Council Meeting Agenda Aug. 20, 2019 Page 2 of 3 5. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas.) 6. Regular Agenda 6.1. The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2. The Council will consider approval of the 2020 West Metro Fire-Rescue District budget. The Joint Powers Agreement for the West Metro Fire-Rescue District (WMFRD) annual budget approval process requires the WMFRD Board approve the annual budget by July and forward it to both city councils for their consideration and approval by August 31. The WMFRD Board approved the 2020 budget at its July 10 meeting and Chief Larson reviewed it with both Crystal and New Hope city councils at work sessions in August. The preliminary 2020 budget maintains current staffing and operations. The 2020 budget also includes funding special insurance and compensated absences funds. The total preliminary 2020 budget is $2,574,250, an increase of $151,950 over the 2019 budget. According to the funding formula, Crystal’s share of this is $1,276,560.03, an increase of $70,291.21 over last year. Recommend approval of the 2020 WMFRD budget. 6.3. The Council will consider approval of a first reading of an ordinance amending Chapter 5 of the City Code regarding town center regulations. At its July 11 work session the City Council reviewed proposed amendments to Chapter 5 of the City Code regarding town center regulations. The proposed changes are in anticipation of future redevelopment that may occur in the “downtown” area and include retail, office, hospitality and multifamily uses. The Planning Commission recommended approval of the ordinance making these amendments at its August 12 meeting. 6.4. The Council will consider approval of a resolution authorizing repairs to the Crystal Cove Aquatic Center. Although significant improvements were made in 2006 to the Crystal Cove pool, much of the pool is part of the original pool structure. While the pool has been leaking for a few years, in- house attempts to stop the leak have not been completely successful. Late in 2018, staff noticed the pool’s diving well had begun to leak more significantly. Earlier this summer a dye check of the pool revealed leaks across expansion joints throughout the deep end. More than caulking the joints is required and only one contractor is able to complete a more thorough repair. Northern Pool Restoration’s proposal of $34,243 includes installing a new water stop Crystal City Council Meeting Agenda Aug. 20, 2019 Page 3 of 3 to all expansion joints underneath new caulking. This work can be completed this fall when the pool is empty and air temperatures are still relatively warm. There is $75,000 in the proposed 2021 capital plan to replace caulking and tile in the pool. Staff recommends approval of hiring Northern Pool Restoration to repair leaks in the pool for $34,243. 7. Announcements a. The Crystal Business Association meets Wednesday, August 21 at 8:30 a.m. in the Community Room. b. City offices are closed Monday, September 2 in observance of the Labor Day holiday. c. The next City Council meeting is Tuesday, September 3 at 7 p.m. in the Council Chambers at City Hall. d. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for information. e. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday’s meeting. Crystal City Council work session minutes July 11, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:31 p.m. on July 11, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The assistant city manager recorded the attendance for City Council members and staff: Council members present: Kiser, LaRoche, Parsons, Adams, Budziszewski and Deshler.Absent: Banks. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Finance Director J. McGann, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Community Development Director J. Sutter, City Planner D. Olson, Fire Chief S. Larson and Police Chief S. Revering. II.Agenda The Council and staff discussed the following agenda items: a.Long-term plan and 2020 budget review. b.Surplus property sales update. c.Proposed cell tower at 32nd and Vera Cruz update. d.Review of Town Center district regulations. III.Adjournment The work session adjourned at 9:11 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres, Assistant City Manager 4.1(a) Crystal City Council work session minutes July 16, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:45 p.m. on July 16, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The assistant city manager recorded the attendance for City Council members and staff: Council members present: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.Absent: Banks. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist and Public Works Director/City Engineer M. Ray. II.Agenda The Council and staff discussed the following agenda items: a.City manager monthly update and midyear work plan review. b.Constituent issues update. c.New business. d. Announcements. III.Adjournment The work session adjourned at 6:51 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres, Assistant City Manager 4.1(a) Crystal City Council work session minutes Aug. 8, 2019 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:33 p.m. on Aug. 8, 2019 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The assistant city manager recorded the attendance for City Council members and staff: Council members present: Parsons, Adams, Banks, Budziszewski, Deshler and Kiser.Absent: LaRoche. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Fire Chief S. Larson, Finance Director J. McGann, Public Works Director/City Engineer M. Ray and Police Chief S. Revering. II.Agenda The Council and staff discussed the following agenda items: a.2020 budget changes and revised long-term plan •2020 West Metro Fire-Rescue District budget review •2020 preliminary levy b.2020 Utility rates c.2020 Fee schedule d.Public safety building/needs III.Adjournment The work session adjourned at 8:41 p.m. ________________________________ Jim Adams, Mayor ATTEST: Kimberly Therres, Assistant City Manager 4.1(a) Crystal City Council meeting minutes July 16, 2019 Page 1 of 4 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on July 16, 2019 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the administrative services coordinator to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, CommunityDevelopment Director J. Sutter, Police Chief S. Revering and Administrative Services CoordinatorT. Tassoni. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Deshler and seconded by Council Member Parsons to approve the agenda. Motion carried. 3.Appearances Police Chief Stephanie Revering addressed the Council with the following: 3.1 Recognition of Officer Marcus Issa. 3.2 Recognition regarding promotions of Reserve Officers Evenson and Tingle. 3.3 Recognition of Chief’s Award to Public Works employees Randy Ek and Matt Blomquist. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council meeting on June 18, 2019. b.The City Council work session on June 18, 2019. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Resolution No. 2019-60, accepting the following donations: a.$15,000 from Chad Greenway’s Lead the Way Foundation for Becker Park Play Area. b.$10,000 from VFW Post #494 for Crystal Frolics. c.$500 from American Legion #630 for Crystal Airport Open House. d.$250 from Golden Valley VFW #7051 for Crystal Airport Open House. 4.1(b) Crystal City Council meeting minutes July 16, 2019 Page 2 of 4 4.4 Approval of Resolution No. 2019-61, authorizing a mutual access easement with Hennepin County for the City Hall – Rockford Road Library campus. Moved by Council Member Banks and seconded by Council Member LaRoche to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Public Hearings 6.1 Mayor Adams announced the purpose of the public hearing: To receive comment and consider new on-sale dual wine/beer and Sunday liquor licenses for Cajun Kitchen, Inc. d/b/a Cajun Kitchen, located at 5440 West Broadway. Administrative Services Coordinator Trudy Tassoni addressed the Council. Applicant Chao Lin addressed the Council and answered questions with the assistance of a Mandarin Chinese interpreter. Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member Parsons to approve the on-sale dual wine/beer and Sunday liquor licenses for Cajun Kitchen, Inc. d/b/a/ Cajun Kitchen, located at 5440 West Broadway. Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. 6.2 Mayor Adams announced the purpose of the public hearing: To receive comment and consider a resolution approving the sale of Lots 1 – 3, Block 1, Iron Horse Addition (5160, 5168 and 5176 Louisiana Avenue North). Community Development Director John Sutter addressed the Council. Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 62 A RESOLUTION AUTHORIZING THE SALE OF 5160, 5168 AND 5176 LOUISIANA AVENUE NORTH FOR NEW HOUSE CONSTRUCTION Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried, resolution declared adopted. 4.1(b) Crystal City Council meeting minutes July 16, 2019 Page 3 of 4 7. Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member Deshler and seconded by Council Member Banks to approve the list of disbursements over $25,000. Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. 7.2 The Council received the 2018 Audit and Comprehensive Annual Financial Report. CPA Matt Mayer of BerganKDV presented the report. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to accept the 2018 Audit and Comprehensive Annual Financial Report. Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. 7.3 The Council considered the second reading and adoption of an ordinance amending Chapters 10 – 20 of the City Code and a resolution approving its summary publication. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the following ordinance, the reading of which was dispensed with by unanimous consent: ORDINANCE NO. 2019 – 03 AN ORDINANCE REVISING CHAPTERS X THROUGH XII OF THE CRYSTAL CITY CODE And further, that this is the second and final reading. Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2019 – 63 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2019-03 Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried, resolution declared adopted. 4.1(b) Crystal City Council meeting minutes July 16, 2019 Page 4 of 4 7.4 The Council considered an amendment to the West Metro Fire-Rescue District joint powers agreement. City Manager Anne Norris addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Banks to approve the amendment to the West Metro Fire-Rescue District joint powers agreement. Voting aye: LaRoche, Parsons, Adams, Banks, Budziszewski, Deshler and Kiser. Motion carried. 8. Announcements The Council made several announcements about upcoming events. 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. Motion carried. The meeting adjourned at 8:05 p.m. _____________________________________ Jim Adams, Mayor ATTEST: _________________________________________ Trudy Tassoni Administrative Services Coordinator 4.1(b) Page 1 of 2 City of Crystal Council Meeting Aug. 20, 2019 Applications for City License Rental – New 4641 Brunswick Ave. N. – Dwayne Meier (Conditional) 5012 Fairview Ave. N. – Dylan Jones 4016 Idaho Ave. N. – Christopher Long (Conditional) 3896 Idaho Cir. N. – Rosemari Klein (Conditional) 5300 Maryland Ave. N. – Benjamin Williams 4843 Yates Ave. N. – Zachary Aoga (Conditional) 6300 31st Ave. N. – John Skogerboe 5915 47th Ave. N. – HPA US1 LLC (Conditional) 4912 56th Ave. N. – Joseph Joel Rice Rental – Renewal 4111 Adair Ave. N. – Donald G Mattox (Conditional) 5648 Adair Ave. N. – Iasis IV LLC (Conditional) 5027 Angeline Ave. N. – Theo and Sandy Smulders 5030 Angeline Ave. N. – Kirk Wettschreck 3130 Aquila Ave. N. – Tom Durkin 4041 Brunswick Ave. N. – Serenity Village Community Church (Conditional) 4126 Douglas Dr. N. – Serenity Village Community Church (Conditional) 4134 Douglas Dr. N. – Serenity Village Community Church (Conditional) 5115 Douglas Dr. N. – Joy Joyce LLC 5115 Edgewood Ave. N. – Mitchell Investment Properties LLC (Conditional) 3213 Florida Ave. N. – SVK Development LLC 5150 Florida Ave. N. – Gina Kilgore 3117 Georgia Ave. N. – Reill Properties LLC (Conditional) 4219 Georgia Ave. N. – IH3 Minnesota LP (Conditional) 2717-2719 Hampshire Ave. N. – Ebielador Itie (Conditional) 2925 Hampshire Ave. N. – Michael Kaldor (Conditional) 4825-4827 Idaho Ave. N. – Philip and Constance Andrzejek (Conditional) 5906 Idaho Ave. N. – Miranda N Reed (Conditional) 2959 Jersey Ave. N. – Roxanne Elfering 5324 Jersey Ave. N. – Andrew Patrias 2702 Kentucky Ave. N. – Larry Emond (Conditional) 4601 Louisiana Ave. N. – Reill Properties LLC (Conditional) 5644 Maryland Ave. N. – IH2 Property Illinois, LP (Conditional) 3210 Nevada Ave. N. – Nevada 32 Trust (Conditional) 3220-3226 Nevada Ave. N. – Andrey and Tatiana Ryvlin (Conditional) 3406 Noble Ave. N. – Susan Kowaliw (Conditional) 3540 Noble Ave. N. – TMC Management Corp 8224 Northern Dr. – 8224 Northern Drive LLC 5817 Orchard Ave. N. – JDA Group LLC 5844 Orchard Ave. N. – Libman Bros LLC 5825 Perry Ave. N. – Danny Vo and Christina Duong (Conditional) 3425 Quail Ave. N. – Jeff and Michelle Petersen 3548 Quail Ave. N. – Vincent Martin (Conditional) 4.2 Page 2 of 2 3401 Regent Ave. N. – Matthew Meyer (Conditional) 5439 Twin Lake Ter. – Kurschner Companies LLC 3217 Utah Ave. N. – Jason Flaa (Conditional) 5619 Vera Cruz Ave. N. – South Face investments LLC (Conditional) 3018 Virginia Ave. N. – Olson Revocable Trust 3041 Virginia Ave. N. – Sarah Edstrom 3309 Welcome Ave. N. – Home Guard Properties, LLC 5517 Welcome Ave. N. – Nicholas Beauchene (Conditional) 5810 West Broadway – MNSF (Conditional) 4323 Xenia Ave. N. – JDA Group LLC 5568-5570 Xenia Ave. N. – Naresh Uppal (Conditional) 3709 Yates Ave. N. – Jeremy Hemsworth (Conditional) 4743 Yates Ave. N. – JDA Group LLC 4534 Zane Ave. N. – Herman Capital Partners 3 (Conditional) 5619 Zane Ave. N. – Fruen & Pfeiffer LLP (Conditional) 6324 31st Ave. N. – SV R E Holdings (Conditional) 6511 31st Ave. N. – Larry Emond (Conditional) 8000 32nd Ave. N. – Darrin & Carol Kapphahn 5708 36th Ave. N. – Eugene Bryskin (Conditional) 5910 36th Ave. N. – Michael Fruen (Conditional) 6602 36th Ave. N. – IH2 Property Illinois, LP (Conditional) 6816 38th Ave. N. – Reid W Kinde (Conditional) 6907 46th Pl. N. – Danmark Properties LLC (Conditional) 6723 50th Ave. N. – Matthew Selden (Conditional) 5401 51st Ave. N. – Crystal Leased HSG Ascts I (Conditional) 6515 52nd Ave. N. – Raymond B Martin III & Lisa Martin 6729 52nd Ave. N. – Chris and Christina Jensen (Conditional) Solicitors Comcast XFinity, 10 River Park Plaza, St Paul, MN 55107 (going door-to-door from 7/30 – 12/31/2019, selling television, internet, telephone and home security services) (pre-approved by City Manager Anne Norris on 7/30/2019) • Andre Perry Custom Remodelers, Inc., 474 Apollo Dr, Lino Lakes, MN 55014 (going door-to-door from 7/23 – 12/31/2019, offering free estimates and scheduling appointments for home improvement projects) (pre-approved by City Manager Anne Norris on 7/23/2019) • Anthony Armstrong • Benjamin DuFresne • Damian Hauble • Nicholas Maidl • Carter Nelson • Benjamin Polsfuss • Zachery Spetzman • Collin Weigman Tree Trimmer True Tree Solutions, 13684 160th Ave, Little Falls, MN 56345 Viking Land Tree Care, Inc., 2530 Hwy 12 SE, Delano, MN 55328 4.2 CITY OF CRYSTAL RESOLUTION NO. 2019 – RESOLUTION ACCEPTING DONATIONS FROM DONATION BOXES WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the following donations: Donors Purpose Amount Donation boxes Crystal Police K-9 Unit $279.35 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the generous donors. Dated: August 20, 2019 By: __________________________ Olga Parsons, Mayor Pro Tem ATTEST: ______________________________ Chrissy Serres, City Clerk 4.3 Memorandum DATE: August 15, 2019 TO: Mayor and City Council Anne Norris, City Manager FROM: Jean McGann, Finance Director SUBJECT: Resolution Ordering the Preparation of an Assessment Roll, Declaring the Amount to be Assessed, and Setting the Date for a Public Hearing for Year 2019 Delinquent Accounts ____________________________________________________________________ Introduction: Each year, the City levies special assessments on properties that have received services during the year, but have not paid the invoices that were sent out. These services include: utility charges, administrative citations, garbage and refuse removal, nuisance abatements, weed mowing, tree trimming/removal, and false alarm fines. Discussion: Receivables that are included in the assessment are those that were delinquent on July 31, 2019. The total amounts due as shown on the resolution will be reduced by customer payments as they come in. In 2018, 40% of the August balance was collected prior to certification to Hennepin County in December. Service August 2018 Au gust 2019 Utility Charges 534,796.27$ 551,431.49 3.1 % Administrative citations 35,116.00 55,304.00 57.5 % Garbage and refuse removal 1,030.74 450.64 -56.3 % Refuse and litter abatement 1,642.96 1,681.21 2.3 % Nuisance abatements 2,995.00 2,730.91 -8.8 % Weed mowing 514.62 1,916.20 272.4 % False alarm fees 1,040.00 160.00 -84.6 % Reassessment 35,042.46 1,281.98 -96.3 % 612,178.05$ 614,956.43$ 0.5 % Change The resolution sets the public hearing for October 15, 2019 at 7:00 PM. Letters will be sent in mid September to the owners of each property with an assessment to notify them of the special assessment and of this public hearing. Notice of the public hearing will also be published in the Crystal/Robbinsdale Sun Post in late September. Recommended City Council Action(s): It is recommended that the City Council approve the resolution. 4.4 RESOLUTION NO. 2019-____ RESOLUTION ORDERING PREPARATION OF AN ASSESSMENT ROLL, DECLARING AMOUNT TO BE ASSESSED, AND SETTING A PUBLIC HEARING DATE - FOR 2019 DELINQUENT ACCOUNTS WHEREAS, properties within the city have benefited from services provided. BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby approves the following: 1. That an assessment roll be prepared for delinquent payment of services 2. That amounts currently eligible for assessment are declared to be: Utility charges $551,431.49 Administrative citations $55,304.00 Garbage and refuse removal $450.64 Refuse and litter abatement $1,681.21 Nuisance abatements $2,730.91 Weed mowing $1,916.20 False alarm fees Reassessment $160.00 $1,281.98 3. That a public hearing will be held on Tuesday, October 15, 2019 The City Council will meet in the Council Chambers at City Hall, 4141 Douglas Drive N., on Tuesday, October 15, 2019, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider assessments to be levied against properties benefiting from services provided. Property owners may appear at this public hearing to object to proposed assessments against their property. The Finance Director is hereby directed to cause notice of the hearing on proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The notice shall include the total amount of proposed assessments. Mailed notice shall be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. The owner of any property so assessed may, at any time prior to certification of the assessment to Hennepin County, pay the whole of the assessment on such property. • If the entire assessment is paid by 4:30 p.m. on Wednesday, November 27, 2019, no interest will be charged. • Delinquent balances not paid by 4:30 p.m. on Wednesday, November 27, 2019, will be assessed against the property. This means that the delinquent balance will be reported to Hennepin County, which will add it to the 2020 property tax statement for the Service Address. Assessed amounts will accrue interest at an annual rate of twelve percent (12%) from November 1, 2019, through December 31, 2019. • An owner may, at any time thereafter, pay to Hennepin County the entire amount of the assessment remaining unpaid, with interest (12%) accrued to December 31st of the year in which such payment is made. Adopted by the City Council of the City of Crystal this 20th day of August, 2019. ___________________________ Jim Adams, Mayor ATTEST: _________________________ Christina Serres, City Clerk 4.4 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 DATE:August 15, 2019 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount Metropolitan Council Environ Svs Wastewater service for August $130,159.55 Waste Management (HRG)HRG Recycling costs for June $50,171.83 West Metro Fire Rescue District July contribution to West Metro Fire $100,522.40 MN PERA Employee and city required contributions for 7/12/19 pay date $57,251.38 Crystal Leased Housing Associates TIF note payment to developer of The Cavanaugh Apartments $127,812.03 Golden Valley JWC June water costs $165,587.32 Ranger GMC 2019 Chevy Silverado for Water Utility (replaces vehicle #432)$27,678.40 SEH, Inc.2020-2025 Feasibility Study costs $65,016.07 US Bank Semi-annual bond principal and interest payments $221,518.13 Custom Builders, Inc.Payment of AFP #4 for Becker Park project $328,958.40 MN PERA Employee and city required contributions for 7/26/19 pay date $57,510.63 LOGIS Application support costs for August $30,626.00 Metropolitan Council Environ Svs Wastewater service for September $130,159.55 West Metro Fire Rescue District August contribution to West Metro Fire $100,522.40 HealthPartners, Inc.August health insurance premiums $103,507.00 Waste Management (HRG)HRG Recycling costs for July $51,798.62 MN PERA Employee and city required contributions for 8/9/19 pay date $60,156.57 $1,808,956.28 Description C:\Users\anorris\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6NH9YAG1\Checks over $25000 Memo 6.1 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 1 OF 10 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for August 20 Meeting) DATE: August 15, 2019 RE: Consider first reading of an ordinance amending the Unified Development Code, including adding the Town Center districts A.INTRODUCTION Staff is proposing amendments to the city’s Unified Development Code (UDC), including the creation of two new town center zoning districts. The town center amendments are to fulfill land redevelopment goals of the pro posed 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 other proposed amendments are to correct or clarify existing requirements, and secondarily make some minor policy changes. Attachments: A.Planned land use map – 2040 Comprehensive Plan B.Proposed amendments to official zoning map C.Proposed ordinance COUNCIL STAFF REPORT Miscellaneous UDC Amendments 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 2 OF 10 Staff Report Organization Section Page Number(s) Information Provided B. Background Page 2  Communication plan C. Proposed Town Center Amendments Pages 3-9  Proposed 2040 Comprehensive Plan  Notable features of Town Center districts  Input from other sources D. Other Proposed UDC Amendments Pages 9-10  Other UDC amendments E. Requested Action Page 10  Planning Commission recommendation  Proposed adoption schedule B. BACKGROUND Communication Plan Notice of the August 12 public hearing was published in the Sun Post on August 1. Staff also completed the following outreach efforts to provide opportunities for public input on the proposed ordinance: 1. Property owners in TC districts:  Phoned the nine property owners in the TC district to inform them of the public hearing date and to answer any questions they may have about the proposed regulations. Staff spoke with eight of the property owners, none of whom had concerns about the content of the regulations.  Mailed a copy of the hearing notice to each TC and TC-PD district property owner. 2. General public:  In addition to publication in the Sun Post, t he hearing notice was posted on the city’s website and on Nextdoor. Staff also sought input on the ordinance from the City of Eden Prairie, which has a similar ordinance, and from a large Twin Cities developer who has experience in constructing compact development in redevelopment areas. Their comments are provided in section C of this staff report. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 3 OF 10 C. PROPOSED TOWN CENTER 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 . 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. This next page contains a district map and flow chart that explains how redevelop occurs in both districts. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 4 OF 10 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 5 OF 10 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:  At least 50% of the façade would be required to have windows, while any upper floors would have at least 30% windows.  At least 30% of the windows are to remain free of si gnage.  The building shall occupy at least 75% of the length along the property line. This requirement may be reduced to 60% if the applicant can demonstrate that the building placement meets the intent of the ordinance.  Encroachments. Certain building elements, such as awnings, would be allowed to encroach into the required setback.  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 residential uses, a shadow study and mitigation would be required to reduce negative impacts to those uses. The City may allow the applicant to increase the height of the building to eight stories or 100’, whichever is less, after considering shadow eff ects by the building, building massing, whether the building would block views of Becker Park, and impacts to airport height requirements. An example where an 8-story building may be appropriate is the Walgreens store site at 6800 – 56th Avenue North (Bass Lake Road). The following are the adjacent land uses to Walgreens:  North side – Arby’s restaurant  West side – TCF Bank  East side – West Broadway Avenue  South side – Crystal Shopping Center A new commercial or apartment building, as shown on the next page, would be located near the intersection of 56th and West Broadway. The height of the building may be limited by required height limits for the Crystal Airport. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 6 OF 10 When the Planning Commission was going through its initial review of the proposed ordinance, one Planning Commission member was concerned about the impact of redevelopment on the 11 single-family homes behind the Bass Lake Road storefronts across from Becker Park. The ordinance does include built -in safeguards, such as maximum building setbacks from the front property line and requiring a shadow effects study. These safeguards are illustrated by a proposed redevelopment scenario shown below, which is for a four -story apartment building located close to the property line along 56 th Avenue North (Bass Lake Road) leaving a 100’ buffer between the back of the apartment building and the back of the homes. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 7 OF 10 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, hotels, 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, s everal 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 Indoor industrial uses o Private indoor recreational uses o Public buildings o Religious institutions o Schools o Specialized care facilities 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. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 8 OF 10 Upon redevelopment of one of these properties, the de veloper 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 10 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. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 9 OF 10 Input from other sources Staff has sought input on the proposed ordinance from other sources:  City of Eden Prairie. The City has adopted a town center ordinance similar t o Crystal’s proposed ordinance. Eden Prairie will have three LRT stations on the extension of the green line currently under construction. Eden Prairie staff has reviewed Crystal’s proposed ordinance and found it sa tisfactory.  Major Developer. Staff received comments on the proposed ordinance from a major developer in the Twin Cities who has completed a wide variety of building projects in the Twin Cities such as office, multi-family, and government facilities. The following is a description of this developer’s more significant comments: 1. Increase densities and building height. The developer recommended that language be added to allow for increased densities and height under certain conditions. Staff response: Language has been added to allow the applicant to increase density by 60% and the height of the building to eight stories or 100’, whichever is less, after considering shadow effects of the building, building massing, whether the building would block views of Becker Park, and impacts to airport height requirements. 2. Limit the square footage of industrial uses. The proposed ordinance initially allowed industrial uses with no outside storage in the TC-PD district. The developer suggested limiting the square footage of these uses since large industrial buildings could negatively impact the walkability and pedestrian experience of the area. Staff response: At the July 11, 2019 City Council work session, Council directed staff to limit industrial uses, including manufacturing, self- storage facilities, and warehouses, to the Industrial zoning district. For those property owners in the TC-PD area that choose not to rezone to TC-PD, industrial uses would be limited to those areas where the underlying zoning is Industrial (primarily the Hanson Court area). D. OTHER PROPOSED UDC AMENDMENTS In addition to the Town Center amendments, staff proposes to correct or clarify existing UDC requirements, and secondarily make some minor policy changes. The following are the notable proposed amendments to the UDC: 1. Specialized care facilities Staff proposes to amend the requirements for this use by distinguishing where they are allowed by the number of residents. These amendments balance allowing these facilities where required by state statute with the city’s desire to have review authority of these facilities in certain areas of the city. 6.3 MISCELLANEOUS AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PAGE 10 OF 10 2. Industrial uses As noted above, the City Council directed that some industrial uses, such as warehouses and self-storage facilities, only be allowed in the Industrial district. The proposed UDC also removes the ability to increase the height of industrial buildings with a CUP. 3. Existing nonconforming buildings Staff has recently become aware of existing homes built across property lines at the time of construction. Both lots are owned by the same property owner, but were not consolidated into one parcel prior to the home construction. Some of these property owners have expressed interest in constructing building additions, which would further this nonconformity. The proposed amendment to the nonconforming use section of the UDC would allow those additions to take place without requiring a lot consolidation, but if the principal building is removed from the property, the lots must be consolidated as part of the approval of a new principal building. E. REQUESTED ACTION At the August 12, 2019 Planning Commission meeting the Commission held the public hearing and then recommended approval of the UDC amendments by a vote of six to one (two members were absent). No property owners spoke at the public hearing. City Council first reading of the ordinance in attachment C is requested. The proposed schedule for adopting a new ordinance is as follows: September 3 Council second reading of ordinance September 12 Summary of ordinance published October 12 Effective date of ordinance 6.3 Area A Area B Area C Area D Glen Haven Memorial Gardens Cemetery Adath Chesed Shel Emes Cemetery Rivertree School 43rd Ave N 45th Pl N 46th Ave N 34th Ave N 36th Ave N SumterAveNHampshire Ave NWinnetka Ave N32nd Ave N Adair Ave N38th Ave N BNSF Rail r oadOrchard Ave N60th Ave N Douglas Dr NDouglas Dr N54th Ave N Co u n t y Roa d 8 1 4 8 t h Ave N 51st Ave N Wilshire Blvd Vera Cruz Ave NCP Railroad 42nd Ave N ScottAveNHampshire Ave NCo u n t y Ro a d 8 1 We st Bro a d w a y 56th Ave N 54th Ave N 56th Ave N Fairview Ave N 44th Ave N 49th Ave N BrunswickAveN52nd Ave N Angeline Ave N Hampshire Ave NOrchard Ave NKentucky Ave NVera Cruz Ave NBrunswick Ave N56th Ave N 58th Ave N QuailAveNJersey Ave NLouisiana Ave NYu k on Av e NEdgewood Ave NCorvallis Ave N Georgia Ave NJersey Ave NVera Cruz Ave NWelcome Ave NKentucky Ave N58th Ave N 59th Ave N Louisiana Ave NQuail Ave N32nd Pl N 45th Ave NIdaho Ave N33rd Ave N 30th Ave N Lakeside Ave N 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 52nd Ave N Zane Ave NPerryAve 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 N33rd Pl N Fairview Ave N Markwood Dr N 48th Ave N Regent Ave NLak e l a ndAveN29th Ave N M e d ic in e LakeR d Northern DrXylon Ave N30th Ave N 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 Fai rvi e w Ave NFairview 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 41st Ave N Nevada Ave NJersey Ave NFloridaAveNLouisiana Ave NJersey Ave NFlorida Ave NJersey Ave NCP RailroadDouglas Dr NOregon Ave NFlorida Ave N2 9 t h A v e N Vera Cruz Ave NColoradoAveN 58th Ave N C r y s t a l Airport Rd Maryland Ave N55thAve NElmhurst Ave NAquila Ave NEdgewood Ave NIdaho Ave NFlorida Ave NLakel and 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 ValeC r e s tRdEdgewood Ave N29th Ave N Corvallis Ave N June Ave N29th Pl N 51st Pl N Valley Pl N Xenia Ave N50th Ave N 35th Pl N 46th Pl N Quail Ave NRegent Ave NAngeline Ave N 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 NC P R a ilr o a d Unity Ave NL a k e la n d Av e NLakeside Ave NSherburneAveNWelcomeAveN58th Pl N 31st Ave N 60th Ave N Cloverdale Ave N Byron Ave N 53rd Ave N 34th Ave N 39th Ave N 48th Ave N Brook ridg eAveN30th Ave N TwinLakeTer29thP lN 51st Pl N Adair Ave NDouglas Dr NVirginiaAveNKentucky Ave NCloverdale Ave N 62nd Ave N L a k e l a nd Av e NMaryland Ave NLouisiana Ave NBrentwood Ave NPennsylvania Ave NWelcome Ave NPennsylvania Ave N59th Pl N 46th Pl N Kentucky Ave N34th Pl NHighway100 XeniaAveNWelcomeAveNVeraCruzAveNYatesAveNYates Ave NNevada Ave NH a n s o n C t N Scott Ave NNorth Lions Skyway Mac Park/Wildlife Area Broadway North Bass Lake Becker Twin Oak Iron Horse Lions Soo Line Cavanagh Forest Elementary Community Center Welcome Memory Lane Brownwood Kentucky Florida Crystal Highlands Yunkers Valley Place Lee Sunnyview Bassett Creek Hagemeister Pond FAIR Neill Twin Lake St Raphael Beacon Academy ± 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 6.3 COLORADO AVEBRUNSWICK AVEADAIR AVEXENIA AVE41ST AVE 43RD AVE 44TH AVE YATES AVE NZANE AVEADAIR AVECOLORADO AVEBRUNSWICK AVEWELCOME AVECOLORADO AVEBRUNSWICK AVEADAIR AVEZANE AVEYATES AVEXENIA AVEWELCOME AVE38TH AVE 39TH AVE ADAIR AVEDOUGLAS DRDOUGLAS DRDOUGLAS DRDOUGLAS DR45TH AVE 44TH AVE 43RD AVE 42ND AVE EDGEWOOD AVE NFLORIDA AVEGEORGIA AVEHAMPSHIRE AVEKENTUCKY AVE NIDAHO AVE41ST PL NMEMORY LANE43RD AVE N KE N T U C K Y C I R NKENTUCKY (ROCKFORD RD)LOUISIANA AVEWINNETKA AVEKENTUCKY AVEHAMPSHIRE AVEJERSEY AVEIDAHOAVENIDA H O C I R GEORGIA AVEFLORIDA AVEEDGEWOOD AVE40TH AVE 39TH AVE 39TH AVE 38TH AVE JERSEY CIR N MARKWOOD IDAHO AVE N37TH AVE MARKWOOD DRGEORGIA HAMPSHIRE AVE NFLORIDAGEORGIA AVE NHAMPSHIRE AVE NKENTUCKY AVE35TH AVE 34TH AVE N 34THPL N 33RD D A N PL 33RD AVE 32ND P L N32ND PL VIRGINIAUTAH AVE30TH AVE Y U K O N A V E 32ND AVE NORTHERN DR 31ST AVE AVENVIRGINIAAVENPLVALLEY 34TH AVE HILL PL 35TH AVE 35TH PL 36TH AVE JERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVEEDGEWOOD AVEFLORIDA AVEGEORGIA AVEJERSEY AVE N33RD AVE VALLEY PL 35TH AVE MARYLAND AVE NLOUISIANA AVENEVADA AVENEVADA AVELOUISIANA AVEQUEBEC AVE NWINNETKA AVE N30THAVE 30TH AVE N SUMTER AVE32ND AVE 31ST AVE LOUISIANA AVE32ND AVE WINNETKA AVE31ST KENTUCKY AVEKENTUCKY AVEJERSEY AVEJERSEY AVE29TH AVE IDAHONHAMPSHIRE AVEGEORGIA AVE30TH AVE 29TH AVE EDGEWOOD AVEAVEEDGEWOOD AVE N31ST AVE 32ND AVE IDAHO AVEFLORIDA AVE27TH AVEAVE HAMPSHIRE AVEGEORGIA AVEDOUGLAS DRDOUGLAS DRDOUGLAS DR34TH AVEZANE AVE36TH AVE XENIA AVEWELCOME AVEYATESBRUNSWICK AVEZANE AVEADAIR AVEYATES AVE XENIA AVEWELCOME AVEAVE35TH ADAIR AVEBRUNSWICK AVE32ND AVE BRUNSWICK AVE32ND AVE WELCOME AVEPLN BRUNSWICKAVE29TH PL N MEDICINE LAKE RD29THL A MP LI GHTERLA NZANE AVE29TH AVE VALECREST RD BROOKRIDGEAVE 27TH AVE NDOUGLAS DRREGENT AVEQUAIL AVEPERRY AVEORCHARD AVE59TH AVE 60TH AVE 60TH AVE L A K E L A N D A V E N WELCOME AVEXENIA AVEZANE PL (BASS LAKE RD)BRUNSWICK AVEADAIR AVEZANE AVEYATES AVE57TH AVE CLOVERDALE AVE NCOLORADO AVE N58TH AVE XENIAWELCOMEVERA CRUZ AVEUNITY AVETOLEDO AVESCOTT AVE N54TH AVE WILSHIRE BLVD ORCHARD AVEPERRY AVEQUAILREGENT AVETOLEDO AVEUNITY AVE56TH AVE PERRY AVE56TH PLQUAIL AVE58TH AVE 57TH AVE TWIN LAKE TERTWIN LAKE TER57TH AVE N 56TH AVE N WILSHIRE BLVD REGENT AVEORCHARD AVEDOUGLAS DRDOUGLAS DRQUAIL AVEPERRYDUDLEY AVE 59TH AVEKENTUCKY AVEIDAHO AVEELMH UR S T AV E 60TH AVE 60TH AVE LOMBARDY LANE LOMBARDY LA 61ST AVE N 61ST AVEHAM P SH I R E A VE 62ND AVE N KENTUCKY AVE FLORIDA AVE NL A K E LAND AV E N JERSEY AVEHAMPSHIRE AVEL A K E LA ND AV E W E S T B R O A D W A Y 58TH PL QUEBECRHODE ISLAND AVE NAVE59TH AVE 59TH PL PENNSYLVANIA AVEOREGON AVENEVADA AVESHIRLE Y PL 59TH MARYLAND AVE60TH AVE N W E S T B R O A D W A Y BASS LAKE RDSUMTER AVERHODE ISLAND AVEPENNSYLVANIA AVENEVADA AVE58TH AVE 54 T H A V E NNEVADA AVE56TH AVE JERSEY AVE N57TH AVEKENTUCKY AVE58TH AVE CLOVERDALE AVE CLOVERDALE AVE 57TH AVE BRENTWOOD AVE ELMH UR S T AV E W E S T B R O A D W A Y 55THAVEHAMPSHIRE AVEHAMPSHIRE AVESHERBURNEAVENBASS LAKE RD 35TH AVE N 34TH AVE N 35TH AVE 36TH AVE 35TH AVE 34TH PL 54TH AVE 54TH AVE 53RD AVE 52ND AVEKENTUCKY AVEJERSEY AVEIDAHO AVEHAMPSHIRE AVEGEORGIA AVEFLORIDA AVEEDGEWOOD AVEW E S T B R O A D W A Y 51ST PL CORVALLIS AVE 50TH AVE 51ST PL N EDGEWOODAVESOO LINE PLOREGON AVEMARYLAND AVE53RD AVE 52ND AVE LOUISIANA AVELOUISIANA AVE NMARYLAND AVE46TH AVE 47TH AVE 48TH AVE 49TH AVE EDGEWOOD AVEFLORIDA AVEGEORGIA AVEHAMPSHIRE AVEIDAHO AVEFAIRVIEW AVE JERSEY AVEKENTUCKY AVE48TH AVE 47TH AVE HAMPSHIRE AVE46TH PL 46TH AVE 45TH PL N45TH PLFLORIDA AVEJERSEYAVEVERA CRUZ AVE54TH AVE DOUGLAS DRDOUGLAS DRFAIRVIEW AVE 50TH AVE CORVALLIS AVE 51ST AVE BERNARD AVESCOTT53RD AVE 54TH AVE SCOTT AVEQUAIL AVE53RD AVE 52ND AVE REGENTPERRY CR QUAIL AVEL A K E L A N D A V E ANGELINE AN G E L I N E AVE N UNITY CT NANGELINECT51ST PL HANSON C T HA N S O N C THANSON CTL A K E L A N D A V E CORVALLIS AVE WELCOME AVEXENIA AV E N WELCOME AVEL A K E L A N D A V E VERA CRUZ AVEVERA CRUZ AVE NVERA CRUZ AVE NWELCOME AVE45TH AVE COLORADO AVEXENIA AVEWELCOME AVEXENIA48TH AVE 47TH AVE YATESAVEZANE AVEZANE AVEADAIR AVE46TH AVEBRUNSWICK AVECOLORADOFAIRVIEW AVE AVEN45TH AVE 47TH AVE BYRON AVE 48TH AVE LAKESIDE AVE 49TH AVE LAKESIDE AVE 48TH AVE REGENTAVEQUAILAVEPERRYAVEQUAIL AVE NTOLEDO AVE NORCHARD AVE NL A K E LA ND AV E LA K E LAND AV E AQUILA AVE NYUKON AVE NXYLON AVE NWISCONSIN UTAH AVEUTAH AVE3 3 R EV AQUILA AVEWISCONSIN AVEVIRGINIA32ND AVE WINNETKA AVEWINNETKA AVEWINPARK DRPENNSYLVANIA AVE(ROCKFORD R D )REGENT AVE QUAIL AVE PERRY AVE NORCHARD AVE NMAJORAVE LEEAVE AVE KYLEJUNE AVENOBLE AVE LOUISIANA AVE N47TH AVE N 47TH AVE VERA CRUZ AVELOUISIANA AVELOUISIANA AVE36TH AVE ST RAPHAEL DR MARYLAND AVELOUISIANA AVEMARYLAND AVEADAIRLAKELAND 56TH AVE YATES AVE NWILSHIRE BLVD.NEVADA AVENEVADA AVE45TH AVE LOUISIANA AVEMARYLAND AVEAD A IR AV E N ADAIR CT N TOLEDO AVEOREGON CTBeaconAcademyBASSETT CREEK MAC NATURE AREA VALLEY PLACE BECKER FAIR SKYWAYNORTH LIONS FOREST ELEMENTARY CRYSTAL COMMTY CNTR MEMORY LANE CAVANAGH TWIN OAK HAGEMEISTER POND YUNKER BROWNWOOD BROADWAY IRON HORSE SUNNYVIEW WELCOME KENTUCKY FLORIDA MAC TWIN LAKE LEE LIONS SOO LINE CRYSTAL HIGHLANDS NORTH BASS LAKE Proposed Zoning Map ® 0 ¼½¾1 Miles BASE ZONING DISTRICTS: R-1 - LOW DENSITY RESIDENTIAL R-2 - MEDIUM DENSITY RESIDENTIAL R-3 - HIGH DENSITY RESIDENTIAL C - COMMERCIAL TC - TOWN CENTER I - INDUSTRIAL AP - AIRPORT DISTRICT Adath Chesed Shel Emes Cemetery Glen Haven Memorial Gardens Cemetery City of Crystal Community Development Department 4141 Douglas Drive North, Crystal, MN 55422-1696 763-531-1142, www.crystalmn.gov Crystal Airport Disclaimer: 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 adopted by the city council, the ordinance shall prevail. Official Zoning District Map, Crystal, Minnesota We 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 Clerk Date: 7/11/2019 Overlay Districts: Planned Development (PD) Town Center Planned Development (TC-PD) Floodplain Overlay District City Park Land Water Bodies 1:25,000 Attachment B 6.3 1 607267v1CR225-423 CITY OF CRYSTAL ORDINANCE #2019-____ AN ORDINANCE REVISING CHAPTER V OF THE CRYSTAL CITY CODE The City of Crystal ordains: ARTICLE I. Chapter V, Section 505 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows and renumbering the subdivisions as needed: Subd. 21. 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. 22. Building façade, secondary. “Building façade, secondary” means the building façade on a corner lot that is not designated as the primary building façade. Subd. 27. 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. 89. Loading space. “Loading space” means that area not within a public right -of- way established and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise. For the purpose of this UDC, development standards for loading spaces shall only apply to those areas of at least 10 feet in width, 30 feet in length, and having a vertical clearance of at least 14 feet. Subd. 159. Specialized care facilities. “Specialized care facilities” means any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for treatment and in-patient care, such as nursing homes, assisted living facilities, memory care facilities, housing with services establishments, and hospices. This does not include senior housing or the residence of any individual who cares for another family member. Subd. 157. State licensed residential facility. “State licensed residential facility” means a licensed, public or private, residential care facility located in a residential dwelling unit that provides six or fewer persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, group homes, residential programs, or supportive living residences for functionally impaired adults. ARTICLE II. Chapter V, Subsection 510.31 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Attachment C 6.3 2 607267v1CR225-423 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. ARTICLE III. Chapter V, Subsection 515.03 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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 ARTICLE IV. Chapter V, Subsection 515.05 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows and renumbering the subdivisions as needed: Subd. 5. Town Center Core District. 6.3 3 607267v1CR225-423 (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. (b) Applicability. Existing nonconformities may continue or redevelop as allowed by the Crystal city code, subsection 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. The requirements of subsections (d) and (e) of this subdivision are only applicable to new buildings constructed after the effective date of this UDC. (c) Uses. Principal permitted uses are shown in Table 3 of the Crystal city code, subsection 515.17. Multiple principal uses within a single parcel or building are permitted in the TC district. (d) Densities. Residential densities are as shown in Table 7 of the Crystal city code, subsection 520.03. An applicant may exceed these densities by up to 60 percent if the building height requirements of this section are met. (e) 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 and the pedestrian experience, 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. (i) At intersections, buildings shall have street facades at or near the sidewalk at the corner (see Figure 6) Figure 6: Illustration of a building that meets both corners at a street intersection 6.3 4 607267v1CR225-423 (ii) 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 7). The following are exceptions to these requirements: (a) The city may consider a reduction to 60 percent to the building street frontage requirement on a primary building façade based on the unique characteristics of the site, if the applicant can demonstrate to the satisfaction of the city that the building and site design fulfills the purposes of the TC district. (b) 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 7: Illustration of required building street frontages (2) Building height. Maximum building height requirements are shown in Crystal city code, subsection 520.03. (i) 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 the property line of a residential use, the applicant shall submit a shadow effect study to determine any negative shadow impacts to those uses. If negative impacts are determined, the city may require design techniques to mitigate the 6.3 5 607267v1CR225-423 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. (d) Proximity to Crystal Airport. Buildings shall comply with Crystal city code section 520.01, subd. 5 (c) for construction near the Crystal Airport. (ii) Exceed height limitations. The city may, in its discretion, allow buildings to be constructed to a height of eight stories or 100 feet, whichever is less, upon consideration of the following factors: (a) Shadow effects. Shadow effects from the taller building will not have significant negative impacts on neighboring properties. A shadow effects study may be required by the city to document these impacts. (b) Building massing. The dimensions of the taller building are not disproportionately larger than neighboring buildings. (c) Views. The taller building will not have significant negative impacts to the views of Becker Park by neighboring properties. (3) Building facades. Building facades shall meet the following requirements: (i) 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 storefronts with separate display windows and entrances, use of awnings, balconies, or similar ornamental features, or varying the roofline to reinforce the articulation of the primary façade (see Figure 8). Figure 8: Illustration of techniques used to break down the scale of large buildings 6.3 6 607267v1CR225-423 (ii) 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. (iii) Façade glazing. Façade glazing for buildings at the street frontages shall meet the following minimum requirements: (a) 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. (b) Tinted and reflective glass are prohibited. (c) At least 30 percent of the façade glazing area shall remain free of signage or other opaque materials. (iv) Satellite dishes and heating, ventilation and air conditioning equipment (HVAC), except for wall vents, are not permitted on the primary building façade. (v) Building entries. (a) 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 9). Figure 9: Illustration of clearly defined building entries (b) 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 10. The city will consider alternate street locations that achieve this intent. 6.3 7 607267v1CR225-423 Figure 10: Location of new street connections in the TC district ARTICLE V. Chapter V, Subsection 515.07 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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. ARTICLE VI. Chapter V, Subsection 515.13 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows and renumbering the subdivisions as needed: 515.13. Planned development overlay district (PD). 6.3 8 607267v1CR225-423 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. 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. 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 6.3 9 607267v1CR225-423 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 additional principal uses listed below 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 required use-specific standards. (i) Day care facilities, adult. (ii) Dwellings, one-family attached. (iii) Hospitals. (iv) Private recreational facilities, indoor. (v) Public or semi-public buildings, with a conditional use permit. (vi) Religious institutions, with a conditional use permit. (vii) Schools, elementary or secondary, with a conditional use permit. (viii) Schools, nursery or preschool, with a conditional use permit. (ix) Schools, trade or business, with a conditional use permit. (x) Specialized care facilities. (2) Accessory uses. All permitted accessory uses allowed in the TC district in Table 4 are also allowed in the TC-PD district. The additional accessory uses listed below 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 required use-specific standards. (i) Drive-through facilities, with a conditional use permit. (ii) Fences. (iii) Garages. 6.3 10 607267v1CR225-423 (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. An applicant may exceed these densities by up to 60 percent if the building height requirements of the TC-PD district are met. (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 required parking spaces through the TC-PD approval process, the following information shall be submitted: (1) 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); (2) Number of full-time and part-time employees; (3) Number and approximate timing of deliveries; and (4) 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 11. The city will consider alternate street locations that achieve this intent. 6.3 11 607267v1CR225-423 Figure 11: 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. ARTICLE VII. Chapter V, Subsection 515.15 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 515.15. Transit oriented development overlay district. Reserved. ARTICLE VIII. Chapter V, Subsection 515.17, subd. 1 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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 requirements, The the uses permitted in the overlay districts shall be controlled by the underlying base zoning district. ARTICLE IX. Chapter V, Subsection 515.17, Table 3 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 6.3 12 607267v1CR225-423 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 (1-6 persons) [1] P P P P - _ - Specialized Care Facilities (7 or more persons) [1] - C C 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 - - 6.3 13 607267v1CR225-423 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, Adult C C C P _ P - 515.19, subdivision 4 (c) 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 P - 515.19, subdivision 4 (d) Kennels, Commercial [12] - - - 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 [23] - C C P P P 515.19, subdivision 4 (h) Restaurants or Eating Establishments [34] - C C P P P - 515.19, subdivision 4 (hi) Retail Establishments [45] - 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 (lm) Vehicle Wash or Detailing - - - P - P - 515.19, subdivision 4 (mn) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - P - 6.3 14 607267v1CR225-423 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) Religious Institutions C C C C - C - 515.19, subdivision 7 (c) 6.3 15 607267v1CR225-423 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 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. If a provision in Minnesota statute or rule expressly requires a city to allow a specialized care facility as a permitted or conditional use within a residential district, the use shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDC. 12. Outdoor facilities may be permitted with a conditional use permit 23. A plant may be allowed as part of a dry cleaning establishment with a conditional use permit 34. On-sale liquor, wine, or beer may be allowed to a greater extent than the permitted use with a conditional use permit. 45. Outdoor repair may be permitted with a conditional use permit. ARTICLE X. Chapter V, Subsection 515.19 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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; (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; 6.3 16 607267v1CR225-423 (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: Except for the TC and TC-PD districts, which have separate requirements, buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. (1) Buildings shall be oriented so that the primary entrance faces the street from which the building is addressed. (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 12). This building form shall consist of at least three dwelling units placed side by side where each unit has a separate entrance. Figure 12: Illustration of rowhouses or townhouses in the TC-PD district 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 6.3 17 607267v1CR225-423 (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; (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: 6.3 18 607267v1CR225-423 (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) On at least 50 percent of all building facades, with priority given to those facades abutting a public street, the ground floor of any parking structure shall have habitable or commercial space for a depth of 30 feet; (iii) Parking structure height shall not exceed the finished ceiling height of the top floor of the tallest principal building within 500 feet; and (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: (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. 6.3 19 607267v1CR225-423 (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 Commercial district, retail establishments may have up to 50% of the gross floor area as storage or warehouse space. (4) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. Subd. 5. Industrial, manufacturing, research and wholesale use category. (a) Bulk storage of liquids. If the storage is within 300 feet of properties used for residential purposes, such storage shall not exceed 25,000 gallons. (b) Industrial or commercial uses with outdoor storage of parts, products, or fuels. Industrial uses with outdoor storage of parts, products or fuels are subject to the following standards: (1) The storage or parking area is hard surfaced, clearly designated on the site as being limited to the specific, approved area, and meets the relevant requirements as provided in the Crystal city code section 520.15 for hard surface design; and (2) The storage or parking area does not exceed the following size requirements: i. In the commercial district, 50% of the gross floor area of the principal building, 25% of the area of the property, or 5,000 square feet, whichever is less. In the industrial district, 100% of the gross floor area of the principal building, 50% of the area of the property, or 10,000 square feet, whichever is less. ARTICLE XI. Chapter V, Subsection 515.21 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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. 6.3 20 607267v1CR225-423 (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. ARTICLE XII. Chapter V, Subsection 515.21, Table 4 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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 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) Balconies - P P - P - - No 515.23, subdivision 3 (d) Carports P P - - - - - No 515.23, subdivision 3(ee) Clothesline poles P P - - - - - No 515.23, subdivision 3(ef) Commercial storage buildings - - - C - P P See Note [1] 515.23, subdivision 3(dg) Fences and walls P P P P P [2] P P No 520.09 6.3 21 607267v1CR225-423 Flagpoles P P P P P P P No Fuel pumps, private use [2] - - - P - P P No 515.23, subd. 3 (eh) Garages, attached or detached P P P P - P P No 515.23, subdivision 3(ei) Gazebos P P P - - - - No 515.23, subdivision 3(fi) Noncommercial greenhouses P P - - - - - No 515.23, subdivision 3(gk) 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 (l) Sheds P P P P - P P No 515.23, subdivision 3(hm) Sidewalks P P P P P P P No 515.23, subdivision 3(in) Signs, Permanent P P P P P P P Not Applicable 530 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C TC I AP Solar energy systems P P P P P P P No 515.23, subdivision 3(jo) Swimming pools, hot tubs, and spas P P P P P - - No 515.23, subdivision 3(kp) Television and radio antennae P P P P P P P No 515.23, subdivision 3(lq) Tennis and other recreational courts P P P - - - - No 515.23, subdivision 3(mr) Treehouses P P - - - - - No 515.23, subdivision 3(ns) Workshops P P - - - - - No 515.23, subdivision 3(et) 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. 6.3 22 607267v1CR225-423 ARTICLE XIII. Chapter V, Subsection 515.23 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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. (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) To the maximum extent feasible, all 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 most visually inconspicuous area of the property that does not cause unnecessary negative impacts to residential properties, 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 6.3 23 607267v1CR225-423 screen shall also lessen the negative impact of vehicle headlights on adjacent properties. Subd. 3. Accessory structures. (a) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) The following requirements are for all forms of accessory dwelling units (within or attached to the principal dwelling, or in a accessory building): (i) No more than one accessory dwelling unit shall be allowed on a property containing a one or two-family detached dwelling; (ii) The creation of the accessory dwelling unit shall not create a separate property identification number with the county; (iii) The floor area of an accessory dwelling unit shall not exceed 50 percent of the finished floor area of the one or two-family dwelling or 100 percent of the smaller of the two units in a two-family dwelling. Notwithstanding these limitations, an accessory dwelling unit located in the basement may occupy the entire basement. (iv) The accessory dwelling unit may be rented if it complies with the requirements of the Crystal city code, section 425. (v) The accessory dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The accessory dwelling unit shall adhere to the curb cut and driveway requirements for one or two-family dwellings in the Crystal city code, chapter 8, and the driveway requirements in the Crystal city code section 520.15. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) For construction of a new detached building, the accessory dwelling unit shall be separated from the principal building by a minimum of ten feet; (ii) The accessory dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; and (iii) The accessory dwelling unit shall be located on a frost-protected foundation. (iv) 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. 6.3 24 607267v1CR225-423 (b) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually unobtrusive material. (c) Balconies. Balconies are subject to the following standards: (1) In the R-2 and R-3 districts, balconies are only allowed on multiple family dwellings. (2) In the TC and TC-PD districts, balconies, except those recessed or flush as illustrated in Figure 13, are not permitted on the primary building façade of multiple family dwellings. Figure 13: Illustration showing recessed or flush balconies (d) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (e) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; (4) Occupancy and use of the storage building is directly related to a permitted or conditionally approved principal use and the same party has full control and use of both the storage building and the principal use; (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and 6.3 25 607267v1CR225-423 (6) The use will not conflict with the character of development intended for the zoning district. (f) 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. (g) 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. (h) 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. (i) 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. 6.3 26 607267v1CR225-423 (j) Patios, decks and porches. Within the TC district, porches and decks are not permitted. (k) 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. (l) 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. (m) 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 6.3 27 607267v1CR225-423 (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. (4) Ground-mounted solar energy systems are not allowed in the TC district. (n) 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 and hotels, motels, and extended stay establishments. (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. ARTICLE XIV. Chapter V, Subsection 515.25 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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-PD 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. 6.3 28 607267v1CR225-423 (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. 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 6.3 29 607267v1CR225-423 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: 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. ARTICLE XV. Chapter V, Subsection 515.27 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Outdoor dining. Outdoor dining is subject to the standards contained in this subdivision: (a) Mobile food units. Mobile food units are subject to the requirements in the Crystal city code, chapter 13. (b) Outdoor seating for cafes or restaurants. Outdoor seating for cafes and restaurants is subject to the following standards: (1) An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site provided that the outdoor eating area shall comply with the parking requirements in Table 11 of the Crystal city code, subsection 520.15 (2) Outdoor dining areas shall be designated on a site plan submitted for the zoning certificate application; (3) If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a sidewalk or other facility that is closed to vehicular traffic, no railing or fencing shall be required; 6.3 30 607267v1CR225-423 (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. ARTICLE XVI. Chapter V, Subsection 515.29 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Nonconforming structures. (a) Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. If an enlargement to a nonconforming structure is proposed, a variance in accordance with the Crystal city code, subsection 510.33 is not required if the enlargement conforms to all zoning requirements such as setbacks. If a structure is nonconforming because it does not comply with setbacks from the lot line dividing two or more lots owned by the same owner, the nonconforming structure may be enlarged, even if such enlargement increases the nonconforming nature of the structure, if all of the following are met: (1) The lots were combined into a single property identification number with the county prior to February 10, 2018, the effective date of this UDC; (2) The expansion complies with all zoning requirements, except the setbacks from the common lot line; and (3) If the nonconforming structure is a principal building and is replaced, removed, or destroyed to the extent of greater than 50 percent of its estimated fair market value as indicated in the records of the county assessor at the time of damage, the owner shall be required to consolidate the lots in accordance with Crystal city code, section 510.23 prior to seeking permits for a new or replacement structure. (b) Damage or destruction. In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of greater than 50 percent of its estimated fair 6.3 31 607267v1CR225-423 market value of such structure as indicated in the records of the county assessor at the time of the damage, the nonconforming structure may be rebuilt if a building permit has been applied for within 180 days of when the structure is damaged or destroyed, but the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on an adjacent property or water body. (c) Relocation. No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which such structure is located after being relocated. ARTICLE XVII. Chapter V, Subsection 520.01 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Measurement of setbacks. Setbacks shall be measured as follows: (See Figure 614). Figure 614: Illustration of typical setback locations for a one-family dwelling (a) Front setbacks. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel to the nearest point of the wall of the structure, except as provided for in this subsection. (b) Side setbacks. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the side property line, which extends between the front and rear setbacks (see Figure 614). 6.3 32 607267v1CR225-423 (c) Rear setbacks. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line (see Figure 614). (d) Corner lots. The corner side setback shall be measured from the nearest point of the wall of the structure to the nearest point of the wall of the structure. (see Figure 614) Subd. 5. Height requirements and exceptions. (a) Each structure shall comply with the height requirements of the applicable zoning district, except: (1) As allowed in Table 6 when a building feature encroaches into a required height; and (2) The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with the Crystal city code, subsection 515.19. (b) Measurement of building height. The maximum allowable building height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane as the maximum allowed number of feet above and parallel to the grade (see Figure 715). The location of natural grade shall be determined by the zoning administrator and shall not be artificially raised to gain additional building height. Figure 715: Illustration of height measurement 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] 6.3 33 607267v1CR225-423 Table 6: Permitted Encroachments [1] R-1 R-2 R-3 Commercial TC Industrial AP 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 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 6.3 34 607267v1CR225-423 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 6.3 35 607267v1CR225-423 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 6.3 36 607267v1CR225-423 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 t he 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. ARTICLE XVIII. Chapter V, Subsection 520.03 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 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 25 to 50 units per acre (gross) Not Applicable Not Applicable Minimum Building Setbacks [1] Front 30 feet 30 feet 30 feet 3010 feet 1 foot minimum 10 foot maximum 10 feet 200’ from residential use 6.3 37 607267v1CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP 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 3015 feet 2 foot minimum 12 foot maximum 3015 feet 200’ from residential use Number of P30rincipal 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 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 6.3 38 607267v1CR225-423 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP 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 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 5 stories or 60 feet, whichever is less [4] 3 stories or 40 feet, whichever is less Minimum Green Space [4] One and Two- Family Detached Dwellings See note [65] below See note [65] below See note [65] 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. [54] The minimum green space requirement is expressed as a percentage of the property that shall be free from any impervious surfaces. [65] 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%. Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Minimum Structure Setbacks 6.3 39 607267v1CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Accessory dwelling units, detached 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 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 6.3 40 607267v1CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP 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 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 6.3 41 607267v1CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP 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 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 6.3 42 607267v1CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP 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 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 Tower not to exceed 75 feet Not Applicable Tower not to exceed 75 feet Tower not to exceed 75 feet Commercial storage buildings Not Applicable Not Applicable Not Applicable 20 feet Not Applicable 20 feet 25 feet Detached accessory buildings [6] 15 feet 15 feet 15 feet 15 feet Not Applicable 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 6.3 43 607267v1CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial TC Industrial AP Fences See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 Not Applicable 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 Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Television and Radio Antennae Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof 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 inc h 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 freest anding 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. 6.3 44 607267v1CR225-423 ARTICLE XIX. Chapter V, Subsection 520.09 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 1. Fence requirements. (a) Height requirements. (1) Measurement of fence height. The height of a fence shall be measured as follows: (i) Fence height is measured from the average grade to the tallest part of the fence, including posts; (ii) In cases where the fence is located on sloped grade, the fence height shall be measured separately for each segment between posts; and (iii) In the case of grade being changed where the fence is to be located, such as when fill is added or berm is created, the maximum fence height shall be measured from the grade at the principal structure or the property line, whichever is closer to the proposed fence. (2) Fences in residential districts. Fences in residential districts shall comply with the following: (i) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 6.5 feet in the side or rear yard (see Figure 816); and Figure 816: Fence height on interior residential lot (ii) For fences on corner lots, the fence height in the front and corner side yards is determined by which side the principal building faces (see Figures 917 and 1018). 6.3 45 607267v1CR225-423 Figure 917: Fence location on corner residential lot (principal building facing shorter side) Figure 1018: 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 6.3 46 607267v1CR225-423 (ii) For corner lots, fence height is determined in the same manner as for corner residential lots (see Figures 917 and 1018), 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. (c) Design and maintenance requirements. (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 1119). (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. 6.3 47 607267v1CR225-423 Figure 1119: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet. ARTICLE XX. Chapter V, Subsection 520.11 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed site plan review, conditional use permit and subdivision relevant development review applications, unless otherwise stated herein. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. Landscape materials should complement the form of the existing trees, plantings, and vegetation. The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species 7-19 35% 20-39 30% 40 or more 25% (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of two inches for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting. 6.3 48 607267v1CR225-423 (ii) Understory, small maturing, or ornamental trees shall have a minimum DBH of two inches at time of planting. Multi-stem varieties shall be a minimum of four feet in height above ground level at the time of planting. (iii) Evergreen trees shall be a minimum of six feet in height for potted or ball and burlap trees at the time of planting. (b) Required landscaping. (1) Any lot remaining after providing parking, sidewalks, driveways, building or other permitted site improvements shall be planted and maintained in sod or turf grass, supplemented by required trees, shrubs, native grasses, flowering plants, or similar landscaping material. (2) One and two family dwellings. For one and two family dwellings constructed after the effective date of this UDC, one overstory deciduous tree shall be planted in the front yard. An existing healthy and well-formed tree may be credited towards this requirement provided that the tree is protected before and during development of the site according to the requirements of this section. The tree to be credited shall be on the city’s list of approved trees as established in subdivision 4 of this subsection. (3) Uses other than one and two family dwellings. For a nonresidential, institutional, or multi-family residential principal building constructed after the effective date of this UDC, the following are the minimum landscaping requirements. Parking lots, which have specific requirements in this section, are exempt from these requirements. (i) One overstory deciduous tree shall be planted for every 30 feet of lot frontage; and (ii) Shrubs shall be planted along building foundations that are visible from the public street. (c) Installation of vegetation. (1) General requirements. (i) Minimum dimensions. Wherever this UDC requires a landscaped area of a specified width, the width shall be measured within (interior measurements) any curb or wall bordering the landscaping area. (ii) Soils. Where landscaping is required, good quality loose soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material. (iii) Ball and burlap. Landscape materials installed in a ball or burlap form shall be installed such that the ball and burlap does not extend above the immediate grade at installation. 6.3 49 607267v1CR225-423 (iv) Protective curbing. Where landscaping is installed in areas that are designed to manage storm water run-off, no protective curbing shall be constructed that prohibits the flow of or infiltration of surface water. In other instances landscape islands and similar landscape areas may be protected by a B6-12 concrete curb and gutter where otherwise deemed necessary by the city engineer. (v) Safety requirements. Landscape materials shall be located so that at maturity they do not interfere with safe sight lines for pedestrians or vehicular traffic and do not conflict with overhead lights or utility lines. (2) Turf or ground cover. (i) Requirements for native prairie grasses and or drought tolerant species of native are located in the Crystal city code, section 615. (ii) Ground cover may consist of grass normally grown in permanent lawns in Minnesota. Such turf grass shall be planted according to the requirements found in the Crystal city code, section 615, and may be sodded or seeded, except in swales or other areas subject to erosion where soli d sod, erosion reducing net, or suitable mulch shall be used. (iii) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (3) Trees. (i) Trees in public rights-of-way. The requirements for planting trees in the public right-of-way are found in the Crystal city code, chapter 8. (ii) Tree roots. Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. (4) Earth berms. (1) Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall. (2) Berms shall be constructed with proper and adequate plant material to prevent erosion. Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 1220). Figure 1220: Illustration of a permitted berm slope. 6.3 50 607267v1CR225-423 Subd. 5. Tree preservation and replacement requirements. (a) Tree inventory required. As part of a submittal application for site plan review, conditional use permit, or a subdivision, the applicant shall submit a tree inventory, unless the applicant can demonstrate that there are no existing trees with a DBH of 12 inches or more on the property. The inventory shall be taken and reported by a qualified arborist, nurseryman, horticulturist, or landscape architect who is licensed, certified, registered or otherwise qualified in the State of Minnesota and shall depict the following: (1) Lot lines of the parcel(s) involved; (2) The exact location, health, type, and size of all trees with a DBH of 12 inches or more; and (3) Recommendations of which trees, or stands of trees, should be retained and protected. (b) Tree protection requirements. To the maximum extent possible, the city desires to retain healthy larger trees as part of its urban forest. To achieve that objective, trees with a DBH of 12 inches or more shall be retained, with the following exceptions: (1) Trees that are dead or dying based on an analysis and report by a qualified arborist; (2) Trees that are determined by the city engineer to be an immediate nuisance or threat to an existing or proposed structure, underground utility, or to the public health, safety, or welfare; (3) Trees that are not on the city’s list of approved tree species as established in subdivision 4 of this subsection, or tree species that may be prohibited by the city; (4) Trees located on publicly owned land, within public rights-of-way, or within easements; and (5) Trees that are an obstacle to access to the lot or an obstacle to locating the proposed principal building or use and no viable alternative exists for relocating such access, building or use. (c) Tree replacement requirements. (1) If a tree with a DBH of 12 inches or more is eligible for removal according to the requirements of this subsection replacement trees shall be provided in accordance with Table 10. A tree will be considered removed if 30 percent or more of the trunk diameter is injured. 6.3 51 607267v1CR225-423 Table 10: Replacement Tree Requirements Caliper of Original Tree Replacement Trees Required 12 to 17 inches DBH One replacement tree for each protected tree removed 18 to 23 inches DBH Three replacement trees for each protected tree removed 24 to 35inches DBH Six replacement tree for each protected tree removed 36 to 47 inches DBH Ten replacement trees for each protected tree removed 48+ inches DBH Twelve replacement trees for each protected tree removed (2) Each replacement tree shall have a minimum DBH of at least two inches. (d) Tree protection requirements. The following are the requirements for those trees that are to be preserved on the site during construction. (1) Paving or soil compaction prohibited. The area within the critical root zone (as defined as five feet beyond the drip line) of any protected tree shall not be subject to paving or soil compaction. (2) Owner’s responsibility. During site development, the property owner or developer shall be responsible for the erection of any and all barriers necessar y to protect any existing or installed trees from damage both during and after construction. (3) Tree protection fencing. (i) All protected trees shall be fenced in before grading or other land-disturbing activity begins. Fencing shall extend at least five feet from the edge of the drip line (See Figure 1321 for illustration of a drip line), but in no case closer than ten feet to the trunk; Figure 1321: Illustration of protective fence placement for trees. 6.3 52 607267v1CR225-423 (i) The zoning administrator shall consider existing site conditions in determining the exact location of any tree protection fencing; and (ii) All fencing required by this subsection shall be at least four feet in height and secured using appropriate posts. Subd. 6. Parking lot landscaping requirements. (a) Purpose. The purpose for parking lot landscaping requirements is to provide for effectively designed and properly placed landscape improvements to minimize the potential negative effects of large expanses of asphalt, such as creating unnecessary surface water runoff and presenting a sterile image. (b) Parking lots adjacent to streets. The area of a parking lot facing a street shall comply with the following: (1) A parking area for a nonresidential, institutional, or multi-family residential use adjacent to a public street shall be designed to provide a landscaped planting strip of the minimum required setback area between the street right-of-way and any parking area (see Figure 1422); Figure 1422: Perimeter landscaping required between a parking lot and a street. (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street and meet the site visibility requirements of the Crystal city code, chapter 8; (3) Screening materials may include a combination of plant materials including trees, shrubs, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement (see Figure 1523). 6.3 53 607267v1CR225-423 Figure 1523: Illustration of parking lot perimeter screening. (c) Parking lots adjacent to side or rear property lines. Parking areas for a nonresidential, institutional, or multiple family dwelling use shall provide a perimeter landscape strip of the minimum required setback area where the parking area adjoins a side or rear property line. At a minimum the landscape strip shall contain sod or turf grass, but may be supplemented by trees, shrubs, native grasses, flowering plants, or similar landscaping materials. (d) Parking lots adjacent to residential uses. Parking lots adjacent to a one or two family dwelling shall comply with the following: (1) A landscaped buffer of the minimum setback area shall be provided between the parking lot and the property line of the residential use; (2) The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the residential use. Screening may consist of shrubs, planters, solid decorative walls, or other screening devices which meet the intent of this requirement. (3) 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. (ef)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 6.3 54 607267v1CR225-423 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. ARTICLE XXI. Chapter V, Subsection 520.13 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Items to be screened. The following areas shall be screened in accordance with this section: (a) Waste receptacles. Outdoor waste receptacles, including dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, or masonry walls, or other material compatible with the principal building with a minimum height of six feet. One side of the storage area shall be furnished with swinging doors. Whenever feasible, the enclosure shall be located in the side or rear yard, away from residential areas. (b) Ground-mounted mechanical equipment. The zoning administrator may require that large ground-mounted mechanical equipment and utility meters that are not located on and screened by the building or structure, be screened from view of adjacent properties or public rights-of-way. Equipment for one and two-family dwellings is exempted from this requirement. (c) Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way through the use of building walls, parapets, and/or roof systems (See Figure 1624). Solar energy systems are exempt from this requirement if screening would interfere with system operations. 6.3 55 607267v1CR225-423 Figure 1624: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (d) Outdoor storage. Screening shall create a visual and or/sound barrier of the object being screened from adjacent properties and the public right-of-way. Commercial truck storage or parking, vehicle impound lots, and rental of trailers and/or vehicles in excess of three quarter ton (3/4) ton capacity shall utilize an opaque fence of not less than six feet in height. (e) Commercial uses. Screening shall create a visual and/or sound barrier between the commercial use and residential dwellings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. (f) Multi-family residential dwellings. Screening shall create a visual barrier between the multiple family dwelling and one and two family residential dwellings or commercial buildings. Requirements for parking lot screening are found in the Crystal city code, subsection 520.11. Subd. 5. Design standards for screening. Screening shall comply with the following design standards: (a) Screening shall be installed to create a visual barrier so as to reduce the vision of the object being screened; (b) If vegetation is used for screening, it shall consist of a compact evergreen or deciduous hedge or trees of a sufficient width and density to provide an effective screen throughout the year; (c) If a berm is used for screening, it shall be of a sufficient height to provide an effective screen; and (d) A screening fence or wall shall be constructed of an opaque material. Such screening shall provide a solid screening effect and not exceed the height limitations in the Crystal 6.3 56 607267v1CR225-423 City code, subsection 520.09. Fences or walls shall be compatible with the architectural materials and patterns of the principal structure (see Figure 1725). Figure 1725: Use of a wall and fencing for screening that is architecturally compatible with the principal building. Subd. 6. Approval of screening. Screening shall be approved during review of a zoning certificate, site plan, or conditional use permit. In addition to what is required in this subsection, the zoning administrator or city council may require a specific type of screening to be used in a specific situation. ARTICLE XXII. Chapter V, Subsection 520.15 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 6. Off-street parking space requirements. (1) Table 11 defines the number of parking spaces required for each use within the city. (2) The applicant may vary from the required number of parking spaces as provided in subdivision 8 of this section. (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 ten units for visitor parking. 6.3 57 607267v1CR225-423 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 per tennis or racquetball court, plus 1 space per 50 square feet of deck area for a swimming pool Not applicable Hotel, Motel, Extended Stay Establishments 1 space per room or suite, plus 1 space per employee on the major shift. [2] Not applicable 6.3 58 607267v1CR225-423 Table 11: Parking Spaces by Use Use Type Minimum Maximum Office 4 spaces, plus no less than 1 space per 500 square feet of gross floor area 4 spaces, plus no more than 1 space per 250 square feet of gross floor area Restaurants and bars 4 spaces, plus no less than 1 space per 100 square feet of gross floor area 4 spaces, plus no more than 1 space per 50 square feet of gross floor area Retail Establishments and Personal Service 4 spaces, plus no less than 1 space per 500 square feet of gross floor area [4] 4 spaces, plus no more than 1 space per 250 square feet of gross floor area [4] Theaters or Auditoriums 4 spaces, plus no less than 1 space per 4 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Vehicle, Boat, or Recreational Sales or Rental 4 spaces, plus 1 space per employee on the major shift. Such spaces are in addition to the vehicles parked for display Vehicle Fuel Sales 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no less than 1 space per 300 square feet of building area used for the sale of goods or services 4 spaces, plus 2 spaces per service or repair stall if applicable, plus no more than 1 space per 150 square feet of building area used for the sale of goods or services Vehicle Wash or Detailing 1) Drive-through, staffed: 2 spaces, plus 1 space per employee on the major shift 2) Drive-through, not staffed: 2 spaces 3) Self-service: 2 spaces Industrial, Manufacturing, Research and Wholesale Use Category Manufacturing 4 spaces, plus no less than 1 space per 1,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 500 square feet of gross floor area Warehouses 4 spaces, plus no less than 1 space per 3,000 square feet of gross floor area 4 spaces, plus no more than 1 space per 1,000 square feet of gross floor area Public, Institutional, or Recreational Use Category High School, college, university, or trade/business school 4 spaces, plus no less than 1 space per classroom, plus no less than 1 space per 2 students based on design capacity Not applicable 6.3 59 607267v1CR225-423 Table 11: Parking Spaces by Use Use Type Minimum Maximum Hospital Number of spaces as required per a parking study Number of spaces as required per a parking study Library 4 spaces, plus no less than 1 space per 400 square feet of gross floor area 4 spaces, plus no more than 1 space per 200 square feet of gross floor area Outdoor Recreational Facilities 10 spaces per acre of play field, plus 4 per basketball court, two space per tennis court, or 1 space per 50 square feet of deck area for a swimming pool Not applicable Banquet halls, event centers, Religious Institutions, or similar places where persons gather or assemble 4 spaces, plus no less than 1 space per 3 seats based on the cumulative design capacity of the assembly room or spaces 4 spaces, plus no more than 1 space per 2 seats based on the cumulative design capacity of the assembly room or spaces Schools, elementary and middle school 10 spaces, plus no less than 1 space per classroom and 1 space per 40 students based on designed capacity Not applicable Notes: 1. The minimum number of parking spaces for senior housing is 1 space per household unit, 50% of which shall be enclosed in a garage. 2. If applicable, 1 space per 4 person capacity shall be provided for conference rooms or other assembly spaces and 1 space shall be provided for a manager who resides on the property. 3. Motor vehicle stacking space shall also be provided for making up a funeral procession, although drive aisles in the parking lot may be used for stacking. 4. The parking requirement for retail sales and service establishments with more than 50% or more of gross floor area devoted to storage or warehouse shall be: 4 spaces, plus no less than 1 space per 500 nor more than 1 space per 250 square feet devoted to sales or service, plus no less than 1 space per 3,000 nor more than 1,000 square feet of storage. Subd. 8. Modification of parking requirements. For all uses except one and two-family dwellings, the number of parking spaces required in Table 11 may be modified according to the following provisions. If a request is made to reduce the number of parking spaces in both (b) and (c) of this subsection, the total reduction shall not exceed ten percent of the required number of spaces. Approval of requests to provide more or less parking spaces, or reducing the number of enclosed spaces, shall be made according to the applicable review procedure associated with the principal uses listed in Table 11, unless otherwise noted in this subsection. (a) Providing more parking spaces. An applicant may request up to ten percent additional spaces beyond the maximum allowed in Table 11, but shall be required to provide the 6.3 60 607267v1CR225-423 information below. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (1) 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); (2) Number of full-time and part-time employees; and (3) Number and approximate timing of deliveries. (b) Providing fewer parking spaces. An applicant may request a reduction of up to ten percent of the minimum required spaces in Table 11 but shall be required to provide the following information. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35 (1) 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). (2) Number of full-time and part-time employees. (3) Number and approximate timing of deliveries. (c) Reducing the number of required enclosed parking spaces. An applicant may request a reduction of up to ten percent of the required number of enclosed spaces in Table 11 but shall be required to submit a description of why it is not feasible to construct the required number of enclosed spaces. The request shall be reviewed according to a Type 1 review procedure and the decision of the zoning administrator is appealable according to the requirements in the Crystal city code, subsection 510.35. (d) Shadow parking. A portion of the required parking spaces may remain landscaped and unpaved or paved with pervious (i.e., “green”) pavers, provided that the parking and unpaved areas complies with the following standards and is authorized in accordance with the approval of the relevant development review application (see Figure 1826): (1) The parking plan submitted with the zoning certificate or site plan review application shall denote the location and layout of that portion of the parking area that currently is deemed not required. The plan shall indicate that the “shadow” parking spaces will be constructed according to these regulations in the event that the zoning administrator determines at any time that all or any portion of this parking is necessary; (2) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that pervious pavers may be used to provide temporary parking 6.3 61 607267v1CR225-423 provided that the pavers allow for grass and other vegetation to grow through the material; (3) At no time shall any portion of the required parking or loading that is so designated for future construction, as provided herein, be counted as open space or other non- paved areas required by other provisions of this section; and (4) The owner shall initiate construction of the approved "future" parking area(s), as identified on the approved parking plan, within six months of the receipt of a certified letter or a letter through normal postal service (in the event t hat the certified letter is not accepted) sent to the owner of record from the zoning administrator, identifying that such parking is determined to be necessary. Figure 1826: Illustration of shadow parking concept. Subd. 9. Location of parking. (a) Parking spaces shall be located on the same lot as the principal use they serve unless the spaces meet the requirements as provided in the Crystal city code, subsection 520.15, subdivision 8(e). (b) Except for one and two-family dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. 6.3 62 607267v1CR225-423 (c) Parking is prohibited in any screening or landscaping buffering areas required by this UDC. (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 1927); Figure 1927: 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. 6.3 63 607267v1CR225-423 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. (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 28). Figure 28: 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. 6.3 64 607267v1CR225-423 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. (1) One and two-family dwellings. Driveway width shall not exceed the width of the garage’s vehicle entrance plus six feet, except that properties without a garage or with only a single stall garage shall not have a driveway that exceeds 16 feet in width. (2) Access for uses other than one and two-family dwellings. (i) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (ii) Parking lots shall be designed to prevent access at any point other than at designated access drives. (iii) A development that provides 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of- way, to provide a queuing or stacking area for vehicles entering and exiting the parking area (See Figure 2029). Figure 2029: Non-impeded access driveway. (iv) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. (3) To ensure proper location and configuration, a permit is required from the city manager or designee for work on driveways. For driveway plans that involve 6.3 65 607267v1CR225-423 changes to an existing curb cut or construction of a new curb cut within the public right-of-way, a right of way permit application shall be approved in accordance with the Crystal city code, chapter 8. (b) Parking space dimensions. (1) Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 2130. Table 12: Parking Space and Aisle Dimensions Angle of Parking (degrees) One-Way Maneuvering Aisle Width (Feet) “A” Two-Way Maneuvering Aisle Width (Feet) “A” Parking Stall Width (Feet) “B” Parking Stall Length (Feet) “C” Compact Size Low Turnover Full Size Compact Size Low Turnover Full Size 0 o – Parallel 12 20 8 8.5 9 18 22 22 30 o – 53o 14 20 8 8.5 9 16 20 20 54 o – 75 o 18 22 8 8.5 9 16 20 20 76 o – 90 o 22 24 8 8.5 9 16 18 18 Figure 2130: Parking space and aisle requirements based on angle of parking. (2) When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. 6.3 66 607267v1CR225-423 (3) The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. (4) Use of compact vehicle spaces. This subsection provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. Such spaces shall comply with the following: (i) For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces; (ii) A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces; (iii) Compact spaces shall be clearly labeled for “compact cars” and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space; (iv) Existing developments that wish to utilize this subsection to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (v) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 12. (5) Low turnover parking. This subsection allows for the establishment of narrower parking spaces in locations where the typical user parks for more than two hours. Such spaces shall comply with the following: (i) The zoning administrator shall determine whether the proposed low turnover spaces are consistent with the stated purpose of this subsection; (ii) Existing developments that wish to utilize this section to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for a zoning certificate or site plan review, whichever is applicable; and (iii) The minimum off-street parking dimensions for low turnover parking spaces shall be as identified in Table 12. (c) Surfacing. (1) Within all zoning districts, parking lots and driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. 6.3 67 607267v1CR225-423 (2) Parking lots and driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the city engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. (3) The grade elevation of any parking area shall not exceed ten percent. (d) Striping and identification. (1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. (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. 6.3 68 607267v1CR225-423 (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. ARTICLE XXIII. Chapter V, Subsection 525.05, subd. 10(f) of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed. Sidewalks shall meet the width requirements in the Crystal city code, chapter 8 and this UDC. ARTICLE XXIV. Chapter V, Subsection 530.05 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: Subd. 1. Computations. The following principles shall control the computation of sign area and sign height: (a) The area of a sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that shall encompass the extreme limits of the writing, representation, emblem, or other display. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the regulations of this UDC and is clearly incidental to the display itself (See Figure 2231); 6.3 69 607267v1CR225-423 Figure 2231: Illustration of how sign area is calculated. (b) A wall façade shall be determined by multiplying the total building width by the height of the wall or surface area (see Figure 2332); Figure 2332: Illustration of wall sign area calculation. (c) If a sign has two or more faces, the area of all faces shall be included in determining the total area of the sign, except that if two sign faces are placed back-to-back, and are at no point more than 30 inches from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area; and (d) The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. ARTICLE XXV. Chapter V, Subsection 530.09 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 530.09. Allowed sign types. (a) Table 14 lists the sign types allowed within each zoning district. The symbols and headings used in the table are defined as follows: (1) A “P” in a cell indicates a sign type that is allowed in the zoning district with an approved sign permit application; (2) An “A” in a cell indicates a sign type that is allowed in the zoning district, but is exempt from obtaining a sign permit; (3) A cell with a “-“ indicates a sign type that is not allowed in the zoning district; and 6.3 70 607267v1CR225-423 (4) The “sign specific standards” column cross-references standards that are specific to an individual sign type and are applicable to that sign in all districts unless otherwise stated in the sign specific standards. 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 ARTICLE XXVI. Chapter V, Subsection 530.11 of the Crystal city code is hereby amended by deleting the stricken material and adding the double-underlined material as follows: 6.3 71 607267v1CR225-423 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. 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. ARTICLE XXVII. City staff is authorized and directed to update the table of contents for Chapter V as part of incorporating the amendments adopted by this Ordinance into the Crystal city code. ARTICLE XXVIII. This ordinance is effective upon adoption and 30 days after publication. First Reading: ____________, 2019 Second Reading: __________, 2019 Council Adoption:_________, 2019 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 6.3 6.4 6.4 6.4 6.4 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL •REGULAR MEETING • TUESDAY, AUGUST 20, 2019 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1.Call to order * 2.Roll call * 3.Approval of minutes from January 2, 2019 annual organizational meeting, February 19, 2019 work session and April 2, 2019 work session 4. [Public Hearing] Consider a resolution authorizing the transfer of ownership of 5530 Douglas Drive North (Becker Park east parcel) to the City of Crystal 5.Update - upcoming lot availability 6.[Closed Session under M.S. 13D.05 Subd. 3(c)(1)] Consider setting the asking price for EDA lots at 3443 Douglas Drive North and 3443 Edgewood Avenue North * 7.Other business * 8.Adjournment * *Items for which no materials are included in the packet Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Annual Organizational Meeting January 2, 2019 1. Call to Order President Parsons called the annual organizational meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:31 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, Brendan Banks, John Budziszewski, Therese Kiser, Nancy LaRoche and Olga Parsons. The following staff were present: Executive Director Anne Norris, Deputy Executive Director John Sutter, City Clerk Chrissy Serres and City Attorney Troy Gilchrist. 3. Oath of Office Ms. Serres administered the oath of office to Commissioners Banks, Kiser and Parsons. 4. Election of Officers The EDA considered officers for 2019. Motion by Commissioner Budziszewski (Adams) to approve the Mayor’s recommended slate of officers for 2019: President Nancy LaRoche, Vice President Olga Parsons, Secretary Julie Deshler and Treasurer Brendan Banks. Motion carried. Commissioner Parsons transferred the gavel to President LaRoche. 5. Approval of Minutes Motion by Commissioner Adams (Budziszewski) to approve the minutes of the December 4, 2018 regular meeting. Motion carried. 6. Other Business There was no other business. 7. Adjourment Motion by Commissioner Budziszewski (Adams) to adjourn. Motion carried. The meeting adjourned at 7:38 p.m. Page 2 of 2 These minutes of the January 2, 2019 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Work Session February 19, 2019 1. Call to Order President LaRoche called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 6:30 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, Brendan Banks, John Budziszewski, Therese Kiser and Nancy LaRoche. 3. Proposed Development at 3501 Douglas Drive North The EDA received a presentation from A-1 Reliable Home Care regarding a proposed facility at 3501 Douglas Drive North adjacent to two EDA properties. 4. Adjournment The meeting adjourned at 6:55 p.m. Page 2 of 2 These minutes of the February 19, 2019 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Work Session April 2, 2019 1. Call to Order President LaRoche called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 7:22 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons. 3. 2018 Annual Report Staff presented the 2018 Annual Report to the EDA for review and discussion. 4. Bass Lake Road Streetscape Staff provided an update on the Bass Lake Road streetscape reconstruction project and follow-up items to be completed in 2019 5. Potential 2019 Property Sales Staff presented scenarios for EDA properties at 4824 56th, 4741 Welcome, 5565 Vera Cruz and 5417 35th 6. Adjournment The meeting adjourned at 8:34 p.m. Page 2 of 2 These minutes of the April 2, 2019 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Nancy LaRoche, President ATTEST: ______________________________ Julie Deshler, Secretary PAGE 1 OF 4 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE : August 15, 2019 TO: Anne Norris, Executive Director (for August 20, 2019 meeting) SUBJECT: Public Hearing - Consider a resolution authorizing the transfer of ownership of 5530 Douglas Drive North (Becker Park east parcel) to the City of Crystal The EDA is the successor agency to the Housing and Redevelopment Authority for the City of Crystal (HRA). In the early-mid 1980s, various properties in the 5500 block on the east side of Douglas Drive North were acquired, cleared and replatted by the HRA. This culminated in the plat of HRA 4th Addition, of which Lot 3, Block 1 became the easterly parcel of Becker Park addressed as 5530 Douglas Drive North. This parcel is still owned by the EDA/HRA. The westerly parcel of Becker Park, addressed as 5501 Douglas Drive North, is owned by the City of Crystal. Staff recommends that ownership of 5530 Douglas Drive North be transferred to the City of Crystal for the following reasons: 1.The parcel has been used for park purposes for approximately 33 years. 2.The city has constructed a major underground stormwater infiltration facility on the parcel. 3.The city is currently reconstructing Becker Park, thus affirming the continued use of the parcel for park purposes. After holding the public hearing on the proposed transfer to the City, the EDA is asked to consider the attached resolution authorizing the property transfer. EDA STAFF REPORT - PUBLIC HEARING Transfer Ownership of 5530 Douglas Dr N (east Becker Park parcel) to the City PAGE 2 OF 4 PLAT EXCERPT - HRA 4TH ADDITION PAGE 3 OF 4 2018 AERIAL PHOTO AND PROPERTY INFORMATION PAGE 4 OF 4 PROPOSED RESOLUTION UPDATE ON CITY -OWNED LOTS FOR SALE PAGE 1 OF 2 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Anne Norris, City Manager (for August 20 Meeting) DATE: August 15, 2019 RE: Update on proposed City-owned lots for sale A. BACKGROUND This staff report provides an update on city-owned lots for sale. Staff is currently preparing three lots for sale to a licensed builder. One lot is owned by the Economic Development Authority (EDA), while the other two* lots are owned by the City. *This presumes that two town home lots will be combined into a single family lot. Attachments: A. Site location map for 5417 – 35th Avenue North (EDA) B. Site location map for Soo Line Park lots (City) 5417 – 35th Avenue North The EDA acquired this vacant lot in 2010 from the Minnesota Department of Transportation (MnDOT). Currently the property has an 8” water main located on the west side of the property, which makes it difficult to site a future home. The property also has soil issues which must be considered. The long-term solution may be to relocate the water main to the street right -of-way. This relocation would make the lot more buildable, potentially more valuable, and remove iss ues associated with maintaining the water main on private property. Staff is obtaining a n estimate for the relocation so that it can be determined whether it is best to leave the main where it is or relocate it to the right-of-way. EDA STAFF REPORT Update on proposed lot sales UPDATE ON CITY -OWNED LOTS FOR SALE PAGE 2 OF 2 Soo Line Park lots On June 5, 2018, City Council determined that three lots in Soo Line Park are surplus land that could be sold for the construction of single-family homes. The lots are addressed as 5232, 5238, and 5244 Scott Avenue North. The two lots at 5232 and 5238 Scott are small – approximately 3,000 and 3,800 square feet respectively. Staff proposes to consolida te these lots into one lot of 6,864 square feet which would meet the City’s minimum lot are a of 6,000 square feet for a single-family home. The consolidation of these lots requires City Council approval of a final plat for a lot consolidation which will be brought to the City Council on September 17. These properties also have poor soils to a depth of 20 – 25 feet, which must be addressed by the builder. Proposed schedule  August 22 – The request for proposal (RFP) are posted for the three lots. A minimum lot price will not be provided because the lots have different building challenges. Detailed site and building plans will be provided by the builder prior to the public hearing for the sale of the lots.  September 17 – o Council/EDA will be asked to give tentative approval to a builder(s) for the purchase of the lots. After this approval the builder will provide the earnest money for each lot and a final site and building plan. o City Council will be asked to approve a lot consolidation application to combine two lots in Soo Line Park into one parcel.  October 15 – Public hearing held for the sale of the lots. B. REQUESTED ACTION Staff requests that Council affirm staff’s plan to proceed with the sale of these lots, including the consolidation of two lots at 5232 and 5238 Scott Avenue North . Site Location Map 5417 – 35th Ave. N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A Site Location Map 5232, 5238 & 5244 Scott Ave. N 4141 Douglas Dr. N. Crystal MN 55422 5244 5238 5232 (combine) Attachment B