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2022.07.19 Work Session Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: July 15, 2022 City Council Work Session Agenda Tuesday, July 19, 2022 at 6 p.m. Council Chambers/Zoom 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 on Tuesday, July 19, 2022 at _____ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda items are not completed in time for the regular City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the City Council meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, July 19, 2022. I. Attendance Council members Staff ____ Adams ____ Norris ____ Sutter ____ Banks ____ Therres ____ Serres ____ Budziszewski ____ Gilchrist ____ Cummings ____ Elholm ____ Kiser ____ Larson ____ LaRoche ____ Ray ____ Parsons ____ Revering II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Draft Blue Line Extension resolution. 2. Regulation of cannabis edibles. 3. Unified Development Code amendments. 4. City manager monthly check-in. 5. Constituent issues update. 6. New business. * 7. Announcements. * III. Adjournment The work session adjourned at ______ p.m. * Denotes no supporting information included in the packet. 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. Page 1 of 2 To: Mayor and Council CC: Anne Norris, City Manager From: John Sutter, Community Development Director Date: July 1, 2022 Subject: Proposed resolution requesting alternatives to be included in the environmental review for the Blue Line Extension On June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report for the Blue Line Extension to run in the median of Bottineau Boulevard through Crystal, with a station at Bass Lake Road. Prior to this, the city’s elected officials, staff and community members have provided feedback through multiple channels and venues. The two dominant concerns are the vehicular mobility impacts of reducing Bottineau Boulevard from six lanes to four, and public safety concerns in and around the Bass Lake Road station including the proposed interchange. With approval of the Route Modification Report, the project now moves into the Environmental Review and Municipal Consent phases. A Municipal Consent vote is anticipated 9-12 months from now. Staff opinion is that the city should formally request that certain alternatives be included in the environmental review: 1. No Build alternative reflecting maintenance of existing conditions. 2. Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3. Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. Memorandum Page 2 of 2 For each of these alternatives, the environmental review process would identify impacts and potential mitigation measures. It is important to note that the impacts and mitigation may or may not support a particular alternative, and there will be trade-offs. For example, either of the six lane alternatives would presumably have less impact on vehicular mobility than the project’s preferred four lane alternative, but would require widening the roadway footprint which in turn may require mitigation measures. Ultimately it will be up to the City Council to decide which alternative (if any) receives an affirmative municipal consent vote. Staff recognizes that there is a mix of opinions about the project in general and design options in particular. Our goal is to ensure that the Council has the information it needs to take an informed municipal consent vote in 2023. To that end, staff will place the attached resolution on the July 19 City Council agenda. If you have questions or would like to request that this be added to an upcoming work session agenda for Council discussion, please Anne know. Thank you. Page 1 of 2 CITY OF CRYSTAL RESOLUTION NO. 2022 - __ REQUEST FOR INCLUSION OF ALTERNATIVES IN THE ENVIRONMENTAL REVIEW FOR THE METRO BLUE LINE EXTENSION WHEREAS, the City of Crystal (“City”) has long been underserved by the regional public transit system, with limited access to jobs and services in adjacent communities; and WHEREAS, the City desires improved and expanded transportation options and connections for its residents, businesses, institutions and visitors; and WHEREAS, the City has actively participated in efforts to bring high-frequency transit service to the northwest suburbs, including the proposed Metro Blue Line Extension (“the Project”); and WHEREAS, the Project has developed conceptual layouts for the Project, specifically, at grade in the median of Bottineau Boulevard, and city staff, the Mayor and City Council, and community members have provided input as requested by Metro Transit and Hennepin County; and WHEREAS, on December 13, 2021, Metro Transit and Hennepin County released the Draft Route Modification Report; and WHEREAS, on January 18, 2022, the Crystal City Council adopted Resolution 2022-12 commenting on the draft Route Modification Report, including the planned reduction of the number of traffic lanes in the Crystal segment from six to four and replacement of the intersection of Bottineau Boulevard and Bass Lake Road with a grade-separated interchange; and WHEREAS, on June 21 and 22, respectively, the Hennepin County Board of Commissioners and the Metropolitan Council approved the Route Modification Report; and WHEREAS, with this approval, the Project now moves into the Environmental Review and Municipal Consent phases; and WHEREAS, it is in the best interest of the City to formally request inclusion of certain alternatives in the Environmental Review to inform the City Council’s anticipated Municipal Consent vote in 2023. NOW, THEREFORE, BE IT RESOLVED that, in addition to the alternatives shown in the conceptual layouts previously provided to the City and described in the Route Modification Report, the City Council requests inclusion and analysis of the following alternatives in the Environmental Review for the Project: Page 2 of 2 1. No Build alternative reflecting maintenance of existing conditions. 2. Six Lanes, At-Grade alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps through a reconstructed at-grade Bass Lake Road intersection to the vicinity of Airport Road. 3. Six Lanes, Interchange alternative maintaining three travel lanes in each direction from the Trunk Highway 100 ramps to the southerly ramps of a new interchange at Bass Lake Road. BE IT FURTHER RESOLVED that inclusion of these alternatives in the Environmental Review is essential for the City Council to consider an affirmative Municipal Consent vote on the Project. Adopted by the Crystal City Council this 19th day of July, 2022. _______________________________ Jim Adams, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 1 DOCSOPEN\KG400\1\808498.v1-7/7/22 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D To: Anne Norris, City Manager From: Troy Gilchrist, City Attorney Joseph L. Sathe, Assistant City Attorney Date: July 8, 2022 Re: Regulation of THC Products This memorandum provides information on ways the city can potentially regulate the newly legalized products that contain up to 5mg of tetrahydrocannabinol (“THC”) derived from certified hemp. This memo does not address local government enforcement of the requirements of the law legalizing these products, Minnesota Statutes, section 151.72 (the “Act”). I. BACKGROUND Beginning on July 1, 2022, it became legal to sell certain products containing delta-9 THC (“THC Products”) in Minnesota. The Act allows THC Products to be sold if certain requirements are met including that there are not more than 5mg of THC per dose and 50mg of THC per container; the purchaser is at least 21 years old; and the products are not marketed towards children. The Minnesota Board of Pharmacy (“Board”) is the state agency with oversight of THC Products. There is currently no state-level license required in order to sell THC Products and the Board does not test or approve products prior to their sale.1 II. REGULATIONS The Act neither explicitly allows nor explicitly prohibits local regulation of the sale of THC Products. Therefore, to determine whether a municipality has the authority to regulate the sale of THC Products, the municipality must have the authority to regulate the sale of THC products and must not be preempted by state law. 1 Hemp Derived Products Frequently Asked Questions, page 5 2 DOCSOPEN\KG400\1\808498.v1-7/7/22 A municipality could rely upon its general police and general welfare power to regulate the sale of THC products. The two most applicable avenues through which the municipality can regulate the sale of THC Products is through its licensing or zoning authority. A. The Act Does Not Expressly Preempt Local Regulation The Act does not expressly require a city to allow the sale of THC Products, nor does it restrict a city’s ability to regulate such facilities through additional zoning or licensing requirements. Nevertheless, a city cannot enact a local regulation if it conflicts with state law or if the state law fully occupies a particular field of legislation so that there is no room for local regulation. Any regulations would need to be drafted to not create an irreconcilable conflict with state law, be merely additional and complementary or in aid and furtherance of the Act and meet specific requirements of either licensing or zoning regulations. Two recent Minnesota Supreme Court cases indicate a deference for local ordinances that provide greater protections than state statutes.2 Additional licensing and zoning requirements adopted for the purpose of protecting the general welfare and ensuring the sale of THC Products are being conducted in accordance with the Act, including that THC Products are not being sold to individuals under the age of 21, for example, would be considered greater protections that those included in the Act. B. Licensing A city may license a business or activity, either (1) when expressly allowed to do so by state statute; or (2) when implied by statute, such as when a license is necessary for a city to perform its general statutory powers (like preventing public nuisance or protecting the general welfare). Since there is no express authority for a city to license a business selling THC Products the city must look to an implied authority. The authority granted under the “general welfare” clause allows a city to provide “for the suppression of vice and immorality, the prevention of crime, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem expedient.”3 The Act contains very little regulatory structure, consumer protection, or general control of the sale of THC Products. The City very clearly has an interest in ensuring the THC Products are being sold in the manner provided for in the Act, and individual cities may each want to study the impact of the sale of THC Products in each community and determine what additional regulation is warranted to protect the general welfare of the City. 2 See Minnesota Chamber of Commerce v. City of Minneapolis, 944 N.W.2d 441 (Minn. 2020); and Graco v City of Minneapolis, 937 N.W.2d. 756 (Minn. 2020). 3 Minn. Stat. 412.221, subd. 32 3 DOCSOPEN\KG400\1\808498.v1-7/7/22 A licensing ordinance must be reasonable in its terms and conditions and cannot place unnecessary, unreasonable, or oppressive restrictions that conflict with the state or federal constitution. A licensing ordinance could include application requirements such as: • terms; • qualifications; • bond and insurance requirements; • hours of operation; • reasons for denial, including no criminal conviction or license revocations related to controlled substances; • revocation and suspension of license; • transferability; license fees; • limiting the number of licenses; • Requiring licensees to ID purchasers; • Requiring THC products to be sold from behind a counter; and • Identify how the city will conduct compliance checks. C. Zoning Zoning controls generally relate to uses of property and not the sale of individual products , so using the city’s zoning authority alone may not be an effective way to regulate the sale of THC Products. However, cities have used a combination of zoning and licensing provisions to regulate the sale of THC Products. i. Outright Prohibition A city could probably prohibit the sale of THC Product sales if it establishes an appropriate use, has legitimate planning and zoning grounds for the ban. There is no “right” to sell THC Products and cities have broad discretion in establishing zoning requirements. An outright ban would likely need to be combined with other general business regulations (e.g., licensing) since the sale of THC Products is currently not a primary use of land but can be sold at any retail store. ii. Expressly Authorize THC Product Sales The city could expressly authorize THC Product sales at dedicated locations, establish the sale of THC Products as a dedicated permitted or conditional use, and consider imposing additional regulations on those operations that it does authorize. If the City chooses to authorize some uses, it should make clear that unauthorized uses are not permitted. Some examples of additional regulations might include: • Restricting such uses to certain zoning districts; • Capping the total number of THC-related land uses within the City or within certain zoning districts; • Requiring that THC-related facilities not produce noxious odors; 4 DOCSOPEN\KG400\1\808498.v1-7/7/22 • Requiring a minimum distance from certain land uses in addition to schools, such as child- care facilities; places of worship and other religious institutions; health care practitioners. and chemical dependency, alcohol and drug treatment facilities; • Requiring a minimum distance between other THC-related uses; • Requiring a minimum distance from liquor stores and bars; and • Additional restrictions on signage and advertising. Instead of including these traditional zoning provisions in the zoning code, the City could consider including similar provisions as part of a licensing regulatory scheme (e.g., only issue a license to an THC Product business that is located within particular zoning districts). This approach would be more appropriate if the City chooses not to require THC Product sales at dedicated business locations. V. MORATORIUM/INTERIM ORDINANCE A city may establish a moratorium on the sale of THC Products. Cities have the authority to place moratoria on zoning matters for up to one year under Minnesota Statutes, section 462.355, subd. 4. Cities have also relied on their police power to enact moratoria on other issues regulated by the city so long as a moratorium is limited in duration and enacted in good faith and without discrimination.4 Generally, to be able to establish a moratorium, a city will first establish that the subject of the moratorium is something that is within the scope of its regulatory authority. The ordinance establishing the moratorium would authorize a study to explore the regulatory options, determine whether local regulation is desirable, and, if so, time to draft and adopt those regulations. During the period of study, the ordinance would prohibit the sale of THC Products. Once the ordinance ends, sales would then be subject to whatever regulations the city enacted (if any) prior the end of the moratorium. In no case would a moratorium extend for more than one year. IV. CONCLUSIONS The state law legalizing the sale of THC Products includes minimal regulation and cities are left to establish individual regulations that can be tailored to the local needs of the community. The City could choose to use its licensing and/or zoning authority to restrict the sale of THC Products, and/or could issue a moratorium on the sale of THC Products to study the impacts of THC Product sales and develop appropriate restrictions. A comprehensive approach to regulating THC Products will likely include both licensing and zoning aspects to ensure sales are in compliance with state law and any locally established regulations as well as regulating where within the City products can be sold. 4 Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976). 5 DOCSOPEN\KG400\1\808498.v1-7/7/22 It is also important to keep in mind that the Minnesota Legislature may act, either during a special or regular session, to regulate the sale of THC Products which could impact how the city is able to regulate THC products. UDC AMENDMENTS PAGE 1 OF 3 ___________________________________________________________________________ FROM: Dan Olson, City Planner TO: Anne Norris, City Manager (for July 19 Council Work Session) DATE: July 14, 2022 RE: Discuss Miscellaneous amendments to the Unified Development Code __________________________________________________________________________ A.BACKGROUND Staff is requesting City Council discussion of proposed amendments to the unified development code (UDC). The proposed amendments are correctio ns or clarifications, brought about by administering the UDC’s requirements. Attachment: A.Proposed UDC amendments B.PROPOSED AMENDMENTS 1.Front lot line. State that if the building faces an interior lot line for a through lot, the zoning administrator has authority to determine which is the front lot line. 2.Specialized care facility. Delete the term “housing with services establishment” since that phrase was replaced in 2021 with “assisted living facility” by the MN Dept. of Health. 3.Subdivision regulations. Clarifies that a subdivision review by the city only includes Common Interest Community (CIC) plats that divide the land into two or more lots (not merely a division of ownership). 4.Type 1 review procedure. Clarifies that the zoning administrator may be assisted in application review by other city staff, as is done for type 2 and 3 procedures. 5.Site plan review. Requires only a type 1 review procedure for a building replacement on the same footprint and height as the original building. 6.Timeline for building permit submittal. Clarifies that an applicant has one year to submit a building permit application after site plan or CUP approval. 7.Ground floor height. Clarifies that the height requirement for a ground floor in the town center zoning districts is greater only if a non-residential use is proposed for that floor. 8.Façade glazing. Clarifies that the percentage requirement for ground floor glazing in the town center zoning districts is greater only if a non-residential use is proposed for the ground floor. COUNCIL STAFF REPORT Discuss UDC amendments UDC AMENDMENTS PAGE 2 OF 3 9.Street/pedestrian locations. Clarifies that new connections in the town center districts can be either street or pedestrian connections and do not need to be city streets. 10.Floor area for alcohol sales in restaurants. Since the limitation is rarely, if ever, exceeded, this amendment deletes the limitation for the amount of floor space devoted to on-sale liquor, wine or beer. 11.Building signage. Requires directional signage at the public street if a multi-family dwelling also has alley access. 12.Waste container enclosure. Requires waste container enclosures, such as dumpster enclosures. Use-specific standards are found in the screening requirements of the UDC, except for one and two family dwellings. 13.Garage size. To ensure that a garage is large enough for a vehicle, this amendment sets a minimum standard for a garage size. In addition the requirement to have a concrete floor for a garage or carport is moved from general accessory building requirements to the specific requirements for garages and carports. 14.Outdoor dining and sales. Clarifies that a CUP is only required if the duration exceeds the limits for a temporary use. 15.Measuring distances. Clarifies the requirements for measuring distances (rounding). 16.Building setbacks. Reduces the required setback from 15 to 10 feet for the interior side yard in the R-2 district and for the corner side yard in the commercial and industrial districts. 17.Tree size requirements. Reduces the minimum size for newly planted trees from 2 to 1.5 inches. 18.Parking lot screening. Those parking lots set back a significant distance from the street and that are not adjacent to a residential use would not be subject to screening requirements. 19.Landscaping requirements. Clarifies the gross area of a parking lot and to correct an internal inconsistency relating to tree size requirements. 20.Roof-mounted mechanical equipment. Exempts one and two family dwellings from screening requirements for rooftop mechanical equipment. 21.Parking calculation. Clarifies the procedure to round up or down when calculating the minimum or maximum number of parking spaces for a property. 22.Driveway access for parking lots. Clarifies that the requirement to set back a parking lot feature is only applicable on busier streets (collector or arterial streets). 23.Compact vehicle spaces. Removes the minimum number of compact parking spaces for larger parking lots, while retaining the maximum number. 24.Civil engineer. Allows for a civil engineer, in addition to a transportation engineer, to prepare a parking study. 25.Street frontage requirements for subdivisions. Clarifies that access to a lot may be from an improved alley. 26.Alley requirements for subdivisions. Clarifies the requirements for new alleys. 27.Sign code. Clarify the city’s practice of not requiring a sign permit for a menu board sign, and to allow greater height limits for commercial monuments signs. UDC AMENDMENTS PAGE 3 OF 3 C. PROPOSED SCHEDULE FOR ADOPTION The following is the proposed schedule for adopting a new ordinance: August 8 Planning Commission public hearing August 16 Council considers first reading of ordinance September 6 Council considers second reading and adoption Sept. 15 Summary of ordinance published Oct. 15 Effective date of ordinance Staff will publish a hearing notice in the Sun Post newspaper and post the notice on the city’s website and social media. D. REQUESTED ACTION Staff requests Council discussion and direction to staff regarding these proposed ordinance amendments. The next step would be a Planning Commission public hearing, discussion and recommendation on the amendments, followed by Council action. 7 CR225-464-620540.v5 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one family dwelling to which it is accessory to and subordinate in size. An accessory dwelling unit may be within or attached to the one family dwelling, or in a detached accessory building on the same lot. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, chapter XI. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords provides a secondary means of access to abutting property. Subd. 8. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 9. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. Subd. 10. Applicant. “Applicant” means, unless otherwise specified, an owner or agent for the owner, including a subdivider, developer, attorney, or similar representative who has filed an application for development or sign approval with the city. Subd. 11. Application. “Application” means the process by which the owner, or their agent, of a parcel of land within the city submits a written request for any type of development or sign approval. Subd. 12. Awning. “Awning” means a roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects Attachment A 14 CR225-464-620540.v5 development standards for loading spaces shall only apply to those areas of at least ten feet in width, 30 feet in length and having a vertical clearance of at least 14 feet. Subd. 90. Lot. “Lot” means land occupied or proposed to be occupied by a building and its accessory buildings, together with such open space as is required under the provisions of this UDC, having not less than the minimum area required by this UDC for a building site in the district in which such lot is situated and having its principal frontage on a street or a proposed street approved by the city council. Subd. 91. Lot coverage. “Lot coverage” means that portion of a lot that is covered by impervious surfaces. Figure 2: Illustration of lot configuration Subd. 92. Lot, corner. “Lot, corner” means a lot abutting on more than one street and situated at an intersection of streets (see figure 2). Subd. 93. Lot, interior. “Lot, interior” means a lot abutting on only one street (see figure 2). Subd. 94. Lot, through. “Lot, through” means a lot abutting on more than one street but not situated at an intersection of streets (see figure 2). Subd. 95. Lot, through corner. “Lot, through corner” means a lot abutting on more than one street and situated at more than one intersection of streets (see figure 2). Subd. 96. Lot area. “Lot area” means the area of a horizontal plane within the lot lines. Subd. 97. Lot depth. “Lot depth” means the shortest horizontal distance between the front lot line and the rear lot line measured from a 90-degree angle from the street right-of-way within the lot boundaries. Subd. 98. Lot line, front. “Lot line, front” means the boundary of a lot that abuts a public street. On a corner lot, it shall be the street-abutting lot line with the shortest dimension. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the zoning administrator. On a through lot or through corner lot, the lot line for which the principal building is facing shall be the front lot line (see figure 3), except that if the building will face an interior lot line, the zoning administrator shall have authority to determine the front lot line. 21 CR225-464-620540.v5 (m) Marquee sign. “Marquee sign” means any building sign painted, mounted, constructed or attached in any manner, on a marquee. (n) Monument sign. “Monument sign” means any sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. (o) Nonconforming sign. “Nonconforming sign” means any sign and its support structure lawfully erected prior to the effective date of this UDC which fails to conform to the requirements of this UDC. A sign which was erected in accordance with a variance granted prior to the adoption of this UDC and which does not comply with this UDC shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. (p) Off-premise sign. “Off-premise sign” means a commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not located on the same premises where such business sign is located. For the purposes of this UDC: (1) A freestanding, monument of or pylon sign shared by adjacent property owners shall not be considered an off-premise sign. (2) Easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. (q) On-premise sign. “On-premise sign” means a sign that pertains to the use of the premises or the property on which it is located. (r) Pole sign. “Pole sign” means a sign which has the same meaning as pylon sign (see definition). (s) Portable sign. “Portable sign” means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. (t) Projecting sign. “Projecting sign” means any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 15 inches beyond the surface of such building or wall face. A projecting sign is also a sign located above or below a canopy or marquee. (u) Pylon sign. “Pylon sign” means any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. (v) Roof sign. “Roof sign” means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (w) Rotating sign. “Rotating sign” means a sign or portion of a sign which turns about on an axis. (x) Sandwich board sign. “Sandwich board sign” means a moveable sign not attached to the ground and constructed in such as manner as for form an “A” or a tent-like shape, hinged or not at the top, each angular face held at an approximate distance by a supporting member. 22 CR225-464-620540.v5 (y) Shimmering sign. “Shimmering sign” means a sign which reflects an oscillating sometimes distorted visual image. (z) Small sign. “Small sign” means a single sign six square feet or less in size. (aa) Temporary sign. “Temporary sign” means a sign which is erected or displayed, or both, for a limited period of time. (bb) Vehicle sign. “Vehicle sign” means any sign exceeding 10 square feet in sign area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right- of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors: (1) The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; (2) The vehicle on which the sign is displayed is inoperable; (3) The vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot; (4) The vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or (5) The vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis. (cc) Wall sign. “Wall sign” means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. A wall sign is also a sign installed on the face of a canopy or marquee, but not extending beyond the face. Subd. 158. Small wireless facility. “Small wireless facility” has the meaning given in Minnesota Statutes, section 237.162, subdivision 11. Subd. 159. Special flood hazard area. “Special flood hazard area” means a term used for flood insurance purposes synonymous with “One hundred year floodplain.” Subd. 160. 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. 161. Start of construction. “Start of construction” means in relation to the floodplain overlay district, start of construction includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of 23 CR225-464-620540.v5 columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Subd. 162. Stealth. “Stealth” means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof- mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. Subd. 163. Street. “Street” means a public right-of-way greater than 30 feet in width platted or dedicated for the purpose of accommodating vehicular traffic or providing principal access to abutting property. An alley is not a street. Subd. 164. Structure. “Structure” means anything constructed or erected on or connected to the ground, whether temporary or permanent in character. Subd. 165. Subdivision. “Subdivision” means as a verb, the term means the process of separating a parcel of land for the purpose of building or conveyance into two or more lots, including the division of previously subdivided property. As a noun, the term means the product resulting from the separation of a parcel into two or more parcels. The term also includes the activity regulated by Minnesota Statutes, chapters 515, 515A, and 515B. Subd. 166. Substantial damage. “Substantial damage” means in relation to the floodplain overlay district damage of any origin sustained by a structure where the cost of restoring the structure to it’s before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Subd. 167. Substantial improvement. “Substantial improvement” means in relation to the floodplain overlay district within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this subsection, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 168. Survey, certified. “Survey, certified” means a scaled drawing prepared by a registered land surveyor of a property indicating the location and dimensions of property lines, and if appropriate the location and dimensions of existing and proposed buildings. A survey typically depicts a parcel’s legal description and may also show additional information such as topographic data and the location of recorded easements. 32 CR225-464-620540.v5 Table 1: Development Review Procedures Type 1 Zoning Administrator Type 2 Planning Commission and Council Type 3 City Council Decision Recommend & Decision Decision Zoning Certificate X Site Plan Review X [1] X [1] Conditional Use Permit X Adjacent Parcel Land Conveyance X Lot Consolidation X Subd.– Prelim. Plat X Subd. – Final Plat X Comp Plan Amendment X Rezoning or Text Amend. X Variance X Appeals X Note: 1. A site plan review application is subject to either a Type 1 or Type 2 review, dependent upon the criteria in the Crystal city code, subsection 510.13. Subd. 3. Review procedures. (a) Type 1 review procedure. Type 1 review procedure decisions are made by the zoning administrator without public notice and without a public hearing. (1) Application submittal. The applicant shall submit a complete application to the zoning administrator in accordance with the Crystal city code, subsection 510.09. (2) Action by the zoning administrator. The zoning administrator may consult with other city staff on the application and shall render a decision to approve or deny an application in accordance with the timelines contained in this UDC. The zoning administrator shall provide a written decision on the application, delivered to the applicant. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 36 CR225-464-620540.v5 (b) If landscaping is required as part of the zoning certificate approval, and the applicant is not able to install the landscaping prior to or concurrent with the issuance of the certificate of occupancy, the applicant shall submit a cash escrow to secure the completion of the landscaping. Subd. 5. Expiration. (a) A zoning certificate shall become void after one year from the date of issuance approval unless the applicant has applied for if a building permit that is subsequently has not been issued. (b) The zoning administrator may approve one extension of not more than one year. 510.17. Site plan review. Subd. 1. Applicability. No building or other structure shall be erected, constructed, re-constructed, enlarged, or structurally altered, nor shall any land be used, excavated or improved until a site plan is approved. Subd. 2. Approval procedure. A site plan review application shall be submitted to the zoning administrator in accordance with the application criteria of this UDC. If an applicant is submitting a conditional use permit application as provided in the Crystal city code, subsection 510.19, the conditional use permit and site plan review application shall be reviewed concurrently without the need for an additional application fee. (a) Site plans for the following construction requires approval of a zoning certificate review subject to a Type 1 review procedure as established in this UDC: (1) Additions to multiple-family dwellings or nonresidential buildings of less than 50 percent of the building footprint. (2) Industrial or commercial uses with outdoor storage of parts, products or fuels. (3) Telecommunication towers in the industrial district. (4) Replacement of a multi-family dwelling or nonresidential building on the same footprint and with the same height with no other site changes requested. (b) Site plans for the following construction requires approval through a Type 2 review procedure as established in this UDC: (1) New multiple-family dwellings of three units or more; (2) New nonresidential structures; (3) Additions to multiple-family dwellings or nonresidential structures of greater than 50 percent of the building footprint; (4) New parking ramps or structures. (c) Approval criteria. No site plan review application shall be approved unless it meets the following criteria: (1) It fully complies with all applicable requirements of this UDC; 37 CR225-464-620540.v5 (2) It adequately protects residential uses from the potential adverse effects of a non-residential use; (3) It is consistent with the use and character of surrounding properties; and (4) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways. (d) Amendments to approved site plans approved through a Type 2 procedure. (1) After a site plan has been approved through a Type 2 procedure, the applicant may request approval of adjustments or rearrangements of buildings in the course of carrying out the plan. If the amendment involves changes to 10 percent or less of the original floor area, not to exceed 500 square feet, the zoning administrator may approve the amendment after a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. If the amendment involves changes greater than 10 percent of the original floor area or exceeds 500 square feet, the amendment will be subject to a Type 2 review procedure. (2) The zoning administrator may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, exterior lighting, surface water management plans, or similar modifications subject to a Type 1 review procedure. Such amendment shall be in full compliance with the requirements of this UDC. (e) Effect of city council decision of site plans approved through a Type 2 procedure. (1) Site plan approval shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. (2) The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (i) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (ii) The anticipated completion date. (3) If required as a condition of approval of the site plan, the applicant shall sign a site improvement agreement with the city prior to the expiration date to guarantee completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence to secure the completion of the improvements. Upon completion of the work and acceptance by the city, the escrow deposit shall be released, except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 39 CR225-464-620540.v5 a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 7. Effect of city council decision. (a) A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. (b) If a site plan was approved as part of the conditional use permit, the permit shall expire one year from the date of approval unless the applicant has applied for and received a building permit that is subsequently issued. The applicant may request an extension of the expiration date in writing to the zoning administrator. The city council may approve one extension of not more than one year. Such written request shall include the following: (1) An explanation of what, if any, good faith efforts have been made to complete the site plan process; and (2) The anticipated completion date. (c) An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. (d) If required as a condition of approval of the site plan for the conditional use permit, the applicant shall sign a site improvement agreement with the city prior to the expiration date to secure the completion of landscaping, stormwater management improvements, paved parking or pedestrian access areas, or similar improvements. A cash escrow deposit, or other form of security acceptable to the city, shall be submitted with the signed agreement before site improvements commence. Upon completion of the work and acceptance by the city, the escrow deposit shall be released except that the city may retain some of the deposit to ensure that the landscaping is succeeding one year after completion of the improvements. This may be extended by the zoning administrator to two years for native vegetation and for plantings in stormwater infiltration basins. In cases where various elements of the work are completed in stages, a request for partial release of the escrow may be approved by the zoning administrator. In the event construction of the project is not completed within the time prescribed by building permits or other approvals, the city may, at its option, complete the work using the escrow. 510.21. Adjacent parcel land conveyance. Subd. 1. Purpose. The purpose of the procedure is to allow for the adjustment of lot lines which are the result of a conveyance of small, non-buildable areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a subdivision plat. Any such adjustments which are approved pursuant to this subsection shall be exempt from both the lot consolidation provisions of the Crystal city code, subsection 510.23 and the provisions applicable to subdivisions in the Crystal city code, subsection 510.25. Subd. 2. Applicability. An adjacent parcel land conveyance occurs when a portion of a lot is conveyed to an adjacent lot resulting in an adjustment to the lot line. Subd. 3. Approval procedure. An adjacent parcel land conveyance shall be subject to the Type 1 review procedure. 50 CR225-464-620540.v5 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. If the ground floor has a non-residential use, the Ground 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 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, subsection 520.01, subdivision 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. 51 CR225-464-620540.v5 (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 (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. If The the first ground floor has a non-residential use, that floor shall have a minimum glazing of 50 percent and upper floors shall have a minimum glazing of 30 percent. If the building does not have a non- residential use, all 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) Prohibited. 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. 52 CR225-464-620540.v5 (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 or pedestrian locations. To create better connected streets when redevelopment occurs in the TC district, new streets or pedestrian connections shall be constructed in the locations shown in Figure 10. If the street is not a public street, a mutual access agreement will be required by the city to ensure public access in the same manner as a public street. The city will consider alternate street locations that achieve this intent. Figure 10: Location of new street or pedestrian connections in the TC district Subd. 6. I Industrial District. 71 CR225-464-620540.v5 (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, subsection 515.05, subdivision 5. (d) Parking. The development shall provide parking according to the requirements in the Crystal city code, subsection 520.15, subdivision 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, residents, 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 or pedestrian locations. To create better connected streets when redevelopment occurs in the TC-PD district, new streets or pedestrian connections shall be constructed in the locations shown in Figure 11. If the street is not a public street, a mutual access agreement will be required by the city to ensure public access in the same manner as a public street. The city will consider alternate street locations that achieve this intent. Figure 11: Location of new street or pedestrian connections in the TC-PD district 75 CR225-464-620540.v5 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 Kennels, Commercial [2] - - - 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 [3] - C C P P P 515.19, subdivision 4 (h) Restaurants or Eating Establishments [4] - C C P P P - 515.19, subdivision 4 (i) Retail Establishments [5] - C C P P P - 515.19, subdivision 4 (ji) Theater, Indoor - - - P P - - Vehicle Repair - - - C - P - 515.19, subdivision 4 (kj) Vehicle, Boat or Recreational Sales or Rental - - - P - P - 515.19, subdivision 4 (lk) Vehicle Fuel Sales - - - P - - - 515.19, subdivision 4 (ml) Vehicle Wash or Detailing - - - C - C - 515.19, subdivision 4 (nm) Industrial, Manufacturing, Research and Wholesale Use Category Building Materials Sales - - - - - P - Bulk Storage of Liquids - - - P - P P 515.19, subdivision 5 (a) Industrial Uses (Indoors) - - - - - P - Industrial Or Commercial Uses with Outdoor Storage of Parts, Products, or Fuels - - - - - P - 515.19, subdivision 5 (b) Self Storage Facilities - - - - - P - Warehouse - - - - - 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) 77 CR225-464-620540.v5 (a) This subsection provides site planning, development and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 3. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. 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; (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; and (5) No external vending machines shall be allowed. (b) Dwellings, multiple-family. Buildings shall be oriented so that the primary entrance faces the street from which the building is addressed, Except 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. Buildings shall also meet the following additional standard: (1) When a property has alley access, signage shall be installed facing the public street to provide direction to the rear unit(s). (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; and (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. 80 CR225-464-620540.v5 (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 the facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility (j)(i) Retail establishments. Retail establishments are subject to the following standards: (1) Repair is allowed for a retail establishment, but a conditional use permit is required if the repair is done outdoors. The applicant shall demonstrate that such outdoor repair will not negatively impact neighboring properties; (2) Within the 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; and (4) Within the Industrial district, retail establishments are limited to 50% of the gross floor area of the principal use. (k)(j) Vehicle repair. Vehicle repair is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; and (2) There is no outdoor parking or storage of vehicles that are to be worked on, are being worked on, or have been worked on. (l)(k) Vehicle, boat, or recreational sales or rental. Vehicle, boat, or recreational sales or rental is subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (ii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iii) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; 81 CR225-464-620540.v5 (2) There is no outdoor parking or storage of inoperable, unlicensed, abandoned or junk vehicles; and (3) No vehicle or equipment shall exceed 32 feet in length. (m)(l) Vehicle fuel sales. Vehicle fuel sales are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; or (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way; and (3) If the property is adjacent to one or two residential family dwellings, the vehicle fuel sales businesses shall be closed between the hours of midnight and 5 a.m. (n)(m) Vehicle wash or detailing. Vehicle wash or detailing establishments are subject to the following standards: (1) The property abuts at least one of the following street segments: (i) Douglas Drive between 27th Avenue North and a point 660 feet north of 27th Avenue North; (ii) Lakeland Avenue/Bottineau Boulevard between the Canadian Pacific Railroad and 56th Avenue North; (iii) West Broadway between Corvallis Avenue and 56th Avenue North; (iv) Winnetka Avenue between 36th Avenue North and a point 660 feet north of 36th Avenue North; or (v) 36th Avenue North between Highway 100 and a point 357 feet west of the centerline of Regent Avenue North; and (2) Sufficient vehicular stacking space is provided on-site to minimize the blocking of traffic in the public right-of-way. (3) A vehicle wash or detailing establishment shall comply with the use-specific standards for drive-through facilities in the Crystal city code, subsection 515.23, Subd. 2 (b). Subd. 5. Industrial, manufacturing, research and wholesale use category. 90 CR225-464-620540.v5 (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (e) Schools, nursery or preschool. Nursery schools, and preschools are subject to the following standards: (1) Side setbacks shall be double that required for the district, except that this requirement does not apply in the C or I zoning districts; and (2) The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. (f) Schools, trade or business. The facility is served by arterial, collector or municipal state aid streets and such pedestrian facilities as are necessary to accommodate the traffic generated by the facility. 515.21. Permitted accessory uses and structures. Subd. 1. Purpose. This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding lands. Subd. 2. General provisions. (a) 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 uses permitted in the overlay districts shall be controlled by the underlying base zoning district. (b) 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. (c) Tents, play houses, or similar structures shall not be used as temporary or permanent dwelling units, but may be used for recreational purposes. (d) 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. (e)(d) Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. (f)(e) Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. Subd. 3. Explanation of table of permitted uses. (a) Symbols in table. The symbols used in Table 4 are defined as follows: (1) Permitted uses (P). A “P” in a cell indicates that a use type or structure is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 4. Permitted uses are subject to all other applicable standards of this UDC; 93 CR225-464-620540.v5 515.23. Use-specific standards for accessory uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses or structures that are permitted or conditionally permitted in Table 4. (b) The land uses and structures covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Accessory uses. (a) Assembly or gathering space. Adequate parking shall be provided for both the assembly or gathering space and the principal use on the property. (b) 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 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(n) Swimming pools, hot tubs, and spas P P P P P - - No 515.23, subdivision 3(o) Television and radio antennae P P P P P P P No 515.23, subdivision 3(p) Tennis and other recreational courts P P P - - - - No 515.23, subdivision 3(q) Treehouses P P - - - - - No 515.23, subdivision 3(r) Waste container enclosures P P P P P P P No 520.13, subd. 4 (a) Workshops P P - - - - - No 515.23, subdivision 3(s) 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. 97 CR225-464-620540.v5 (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and (6) The use will not conflict with the character of development intended for the zoning district. (g) 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. (h) Garages and carports, detached. Detached garages Garages and carports are subject to the following standards: (1) Attached and detached garages are subject to the following requirement: (i) Garages shall be accessed through a vehicular entrance door with an opening not less than seven feet wide and seven feet high. A garage shall be no less than eight feet wide and fourteen feet long, measured as the continuous clear space between the insides of the interior walls or wall framing if unfinished. (2) Attached and detached garages and carports are subject to the following requirement: (i) Garages and carports shall have a floor constructed of poured concrete in accordance with standards approved by the city engineer and building official. (3) Detached garages and carports are subject to the following requirements: (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 and carports 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) 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. (j) Noncommercial greenhouses. Noncommercial greenhouses are subject to the following standards: 101 CR225-464-620540.v5 Table 5: Permitted Temporary Uses and Structures Use Category and Use Type P = Permitted Use - = Not Permitted Base Zoning Districts R-1 R-2 R-3 C TC I AP Allowable Duration (per site) Permit Required Use-Specific Standards in Section: Construction Dumpster P P P P P P P No more than three consecutive months in any 12-month period See city code section 605 515.27, subdivision 2; 605 Garage/Yard Sales P P P - - - - Maximum of three consecutive days, four times per calendar year per site No 515.27, subdivision 3 Outdoor dining [1] P P P P P P P 270 days per site per calendar year Zoning Certificate (Type 1 Review) [2] 515.27, subdivision 4 Outdoor sales [1] - - - P P P - 180 days per site per calendar year Zoning Certificate (Type 1 Review) 515.27, subdivision 5 Portable Storage Container P P P P - P P 60 days per site per calendar year No 515.27, subdivision 6 Signs, Temporary P P P P P P P See section 530 Sign Permit 530 Notes: 1. Outdoor seating for cafes or restaurants or outdoor sales areas for retail establishments that exceed the temporary use duration time limits may be permitted as a permanent use with would require a conditional use permit. 2. A zoning certificate is not required for a mobile food unit. 515.27. Use-specific standards for temporary uses and structures. Subd. 1. Purpose and applicability. (a) This subsection provides site planning and/or operating standards for certain land uses that are permitted in Table 5. (b) The land uses and activities covered by this subsection shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this UDC. Subd. 2. Construction dumpsters. Construction dumpsters are subject to the following standards: 107 CR225-464-620540.v5 Section 520 Development standards 520.01 Measurements, computations, and encroachments. Subd. 1. Percentages and fractions. When a calculation or ratio established in this UDC results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number. Any percentage of .5 percent or less shall be rounded down to the next lower whole number and any percentage greater than .5 percent shall be rounded up to the next higher whole number. Subd. 2. Distance measurements. Unless otherwise expressly stated, distances specified in this UDC are to be measured as the length of an imaginary straight line joining those points. The following are additional requirements for measuring distance: (a) Any lot dimension shall be rounded up or rounded down to the next whole number as provided for in Subd. 1 of this subsection; (b) Building square footage shall be determined by measuring the area of the building using the outermost building exterior walls. Subd. 3. Setback requirements and exceptions. Each structure shall comply with the front, interior side, corner street side, and rear setback requirements of the applicable zoning district, except: (a) Where a setback requirement is established for a specific land use type in the use-specific standards of Table 3; (b) A building feature that encroaches into a required setback as allowed by Table 6; (c) No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into a platted or dedicated easement or street right-of-way; and (d) Structures existing on the effective date of this UDC and encroaching into a setback required by this UDC shall be considered conforming to the setback requirement if the encroachment does not exceed one foot or 10% of the required setback, whichever is less. Additions may be made to such structures and shall also be considered conforming to the setback requirement provided that the addition does not further encroach into the setback than the existing structure. Subd. 4. Measurement of setbacks. Setbacks shall be measured as follows: (See Figure 14). 114 CR225-464-620540.v5 Table 7: Zoning District Site Development Standards for Principal Buildings R1 R2 R3 Commercial TC Industrial AP Side 5 feet 15 10 feet 15 feet 10 feet 0 foot minimum 10 feet 200’ from resi- dential use Rear 30 feet 30 feet 30 feet 10 feet 3 foot minimum 10 feet 200’ from resi- dential use Corner Side 10 feet [2] 30 feet 30 feet 15 10 feet 2 foot minimum 12 foot maximum 15 10 feet 200’ from resi- dential use Number of Principal Buildings Maximum number of principal buildings per property One One One One Not Applicable One Not Appli- cable Minimum Lot Area One-family Detached Dwelling 6,000 SF 6,000 SF Not Applicable Not Applicable Not Applicable Not Applicable Not Appli- cable Two-Family Dwelling 10,000 SF 10,000 SF 10,000 SF Not Applicable Not Applicable Not Applicable Not Appli- cable Other Residential Uses Not Applicable 10,000 SF 20,000 SF Not Applicable Not Applicable Not Applicable Not Appli- cable Non-Residential Uses [3] Not Applicable Not Applicable Not Applicable 20,000 SF Not Applicable 20,000 SF Not Appli- cable Minimum Lot Depth One-family Detached Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Two-Family Dwelling 100 feet 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Other Residential Uses Not Applicable 100 feet 100 feet Not Applicable Not Applicable Not Applicable Not Appli- cable Non-Residential Uses [3] 100 feet 100 feet 100 feet 120 feet Not Applicable 120 feet Not Appli- cable Minimum Lot Width 127 CR225-464-620540.v5 (b) Landscaping that is in compliance with the approved plans shall be installed before a certificate of occupancy is issued for the site. If landscaping is not installed, the applicant shall be required to submit a cash escrow in accordance with the requirements in the Crystal city code, section 510 for the relevant development review application. Subd. 4. Landscaping standards. (a) Plant quality and size. (1) Appropriate materials. Landscape materials should complement the form of the existing trees, plantings, and vegetation. The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in Minnesota. (2) Approved and prohibited tree species. Trees selected for specific site design purposes shall be those trees as identified and included on the list of approved trees as approved and amended from time to time by resolution of the city council on file in the city clerk’s office. The city’s approved list may include prohibited trees. (3) Free of disease. Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (4) Variety of tree species. To curtail the spread of disease or insect infestation in a tree species, new trees shall comply with the diversity standards of Table 9. Table 9: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species 7-19 35% 20-39 30% 40 or more 25% (5) Tree size requirements. (i) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of two inches for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting. (ii) Understory, small maturing, or ornamental trees shall have a minimum DBH of two 1.5 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. 132 CR225-464-620540.v5 Figure 22: 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 VIII; (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 23). Figure 23: Illustration of parking lot perimeter screening. (4) A parking lot is not required to be screened from the street if the parking lot is not adjacent to a residential use and the parking lot is set back at least double the required setback. (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: 133 CR225-464-620540.v5 (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; and (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. (f) 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, which is computed by means of the smallest square, circle, rectangle, triangle or combination thereof that shall encompass the extreme limits of the parking lot perimeter, not including any landscape islands within or projections into the parking lot (including all drive and parking aisles). If parking is located on the side of the structure (not adjacent to a street) or in the rear, this landscaping ratio may be reduced to five percent; and (ii) Trees meeting the size requirements of Crystal city code, subsection 520.11, subd. 4 (a) (5) not less than five feet in height and 15-gallon container in size shall be planted throughout the parking lot. (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; and (iii) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch. 520.13. Screening. Subd. 1. Purpose. The purpose of this subsection is to increase or maintain property values and generally protect the public welfare by screening uses that could have an adverse impact on neighboring properties. Subd. 2. Applicability. The requirements of this subsection shall apply to all proposed development and new land uses unless otherwise stated. 134 CR225-464-620540.v5 Subd. 3. Types of screening. Unless otherwise stated, screening may consist of vegetation, fences, walls, berms, or other visual barriers. Subd. 4. Items to be screened. The following areas shall be screened in accordance with this subsection: (a) Waste receptacles containers. Except for one and two family dwellings, Outdoor outdoor waste enclosures receptacles, including for dumpsters, grease collection containers and recycling containers, shall be screened on all sides by wood, 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 away from residential areas in the and at least five feet from any side or rear yard property line, away from residential areas; (b) Ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall be screened from view of adjacent properties or public rights-of-way. This screening shall meet the following requirements: (1) Location and height requirements (i) Ground-mounted equipment shall not be located between the building and the public right-of-way. (ii) Screening shall be as high as the highest point of the equipment being screened. If a screen greater than 8 feet tall is required, the zoning administrator may require that the equipment be located in the principal building or the most visually inconspicuous area of the property that does not cause unnecessary negative impacts to residential properties. (2) Exceptions. The following ground-mounted mechanical equipment shall be exempt from the screening requirements of this subsection: (i) Minor equipment not exceeding 18 inches in height. (ii) Mechanical equipment accessory to a one or two-family dwelling. (c) Roof-mounted mechanical equipment. Except for roof-mounted mechanical equipment for a one or two family dwelling, Roofroof-mounted mechanical equipment shall be screened from view of adjacent properties and public rights-of-way, accomplished through the two methods in (1) and (2), below. As an alterative to these methods, the city may, at its discretion, allow rooftop equipment to be screened by painting it to match or approximate the color of the background against which the equipment is viewed. Solar energy systems are exempt from screening requirements if screening would interfere with system operations. 138 CR225-464-620540.v5 Traffic into and out of business areas shall to the maximum extent possible, be forward moving with no backing into streets. Subd. 4. Rules for computation. (a) Calculation. The following rules shall apply when computing parking spaces: (1) Driveway space meeting parking requirements. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of one or two family dwellings where driveways may be used in calculating the amount of off-street parking; (2) Multiple uses. Unless otherwise noted or approved, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use. The required base number of parking spaces shall be counted only once for multiple use buildings; (3) Area measurements. All square-footage-based parking standards shall be computed on the basis of gross floor area of all floors in a nonresidential building. Up to 15 percent of the gross floor area may be excluded from the above calculation if the area is used for storage, loading, unloading, or for mechanical equipment; and (4) Vehicle fuel stations. Spaces at the pump at a vehicle fuel station may count toward the minimum parking space requirements. (5) When a calculation results in a percentage, any percentage of .5 percent or less shall be rounded down to the next lower whole number and any fraction of more than .5 percent shall be rounded up to the next higher whole number. (b) Occupancy-or capacity-based standards. (1) For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the typical, or average, number of persons working on a single shift or the typical enrollment, whichever is applicable. (2) In hospitals, bassinets shall not be counted as beds. (3) In the case of benches, pews, and similar seating accommodations, each 24 inches thereof shall be counted as one seat for the purpose of determining the parking requirements. If fixed seating is not provided, then each seven square feet of floor area shall be counted as one seat. (c) Unlisted uses. (1) Upon receiving an application for a use not specifically listed in the parking schedule below, the zoning administrator shall apply the parking standard specified for the listed use that is deemed most similar to the proposed use in regards to use, size, and intensity of use. (2) If the zoning administrator determines that there is no listed use similar to the proposed use, intensity, or size, they may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE). 147 CR225-464-620540.v5 (4) Rear property line. The face of the curb shall not be within 4 feet of the property line and the back of the curb shall not be within 3 foot of the property line. Subd. 11. Parking design standards. Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. (a) Access to parking area. Access to parking areas (i.e. driveways) shall be as provided as follows. Requirements for curb cuts and driveways approaches are provided in the Crystal city code, Chapter VIII. (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 in a parking lot that is accessed from a collector or arterial street 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 29). Figure 29: 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 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 VIII. (b) Parking space dimensions. 148 CR225-464-620540.v5 (1) Required dimensions. Each parking space and aisle shall comply with the minimum dimensions in Table 12 as illustrated in Figure 30. 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 30: Parking space and aisle requirements based on angle of parking. (2) Width increase. 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. (3) No overhang. 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 paragraph 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; 149 CR225-464-620540.v5 (ii) iA maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces; (iii)(ii) 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)(iii) 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)(iv) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 12. (5) Low turnover parking. This paragraph 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 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 (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. (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). 150 CR225-464-620540.v5 (e) Grading and drainage. (1) All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence. (2) All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot. (3) In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. (f) Curbing. The purpose of curbing is to minimize storm water runoff, protect building and parking lot edges, and increase the survivability of plants. The following standards are applicable to curbing: (1) Except for one or two-family dwellings, all parking areas or lots shall have cast-in-place concrete barrier curb and gutter around the perimeter of the entire parking lot. The curb shall be at least six inches wide and the gutter shall be at least 12 inches wide. This minimum standard is typically referred to as “B6-12” curb and gutter. (g) Sight distances. Adequate sight distances for vehicles and pedestrians shall be provided for parking lots. (h) Parking lot landscaping. Requirements for parking lot landscaping are provided in the Crystal city code, subsection 520.11. (i) Parking lot lighting. If exterior lighting is proposed in the parking plan, the lighting shall meet the requirements as provided in the Crystal city code, subsection 520.07. (j) Pedestrian connections. When feasible, the parking plan shall show pedestrian connections within the property and to existing or planned public sidewalk and trail connections, except that in the TC and TC-PD districts a minimum six foot wide pedestrian access shall be provided from the principal entrance to any off-street parking lot. (k) Deviation from standards requires a detailed study. No proposed parking layout which deviates from the standards identified in subdivision 11 of this subsection 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 or civil 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. Subd. 12 Maintenance. All parking spaces, driveways, and striping shall be continually maintained in a clean and orderly manner and kept in good repair. Subd. 13. Loading space requirements. (a) Purpose. The purpose of these requirements is to provide design standards for loading spaces if such spaces are proposed by a property owner. (b) Prohibition. Loading spaces are prohibited in all residential zoning districts and the TC district. (c) General design standards. Loading spaces shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below: 159 CR225-464-620540.v5 Section 525 Subdivision of land 525.01. Basic subdivision requirements. The city hereby adopts subdivision regulations, the authority of which is provided for in Minnesota Statutes, section 462.358. The city finds that regulation of the subdivision of real property in the city is necessary for the following purposes: (a) To insure the orderly, economic, and safe development of land in the city; (b) To insure the adequate and timely provision of urban services and facilities; and (c) To protect and promote the public health, safety, and welfare. Subd. 1. Subdivision approval. (a) Required. Subdivision approval, in compliance with the provisions of this section, shall occur as follows: (1) Lot consolidations as provided in the Crystal city code, subsection 510.23; (2) Subdivisions as provided in the Crystal city code, subsection 510.25; and (3) Those properties for which Minnesota condominium law, Minnesota Statutes, chapter 515 applies. Development or division of ownership under Minnesota condominium law, Minnesota Statutes chapter 515, but only if it includes a land division into two or more lots. (b) Exemption. Subdivision approval is not required for adjacent parcel land conveyances as provided in the Crystal city code, subsection 510.21. (c) Restrictions. (1) No lot, parcel, or tract created after the effective date of this UDC shall be issued a building permit unless the lot, parcel, or tract has been created in compliance with this UDC. (2) No building permits shall be issued for a habitable structure proposed to be located on an outlot. (3) Land will not be subdivided if the city council determines that the land is unsuitable for development because of flood hazard unless corrective measures consistent with those found in the Crystal city code, subsection 515.09 can be feasibly accomplished. (4) A proposed subdivision of land will not be considered by the city unless past due special assessments thereon have been paid in full or arrangements for their payment satisfactory to the city have been made. 525.03. Development agreement required. Subd. 1. Purpose. It is the purpose of this subsection to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the city, setting forth the conditions under which the subdivision has been approved. Subd. 2. Required improvements. 166 CR225-464-620540.v5 Subd. 5. Street names. If applicable, street names shall be a continuation of the names of previously constructed streets. The city shall have final authority to designate street names in order to avoid confusion to the traveling public. Subd. 6. Easements. Easements shall be dedicated on the plat instrument for the required use. Subd. 7. Debris and waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the development agreement or dedication of public improvements, whichever occurs sooner. Subd. 8. Open space and natural features. (a) Natural features (including significant trees, creeks, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible. (b) Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties. Subd. 9. Lot and block design. (i) Lot dimensions. (1) All lot dimensions shall comply with the standards of the applicable zoning district in this UDC. Depth and width of properties reserved or laid out for residential or commercial purposes shall be adequate to provide for the off-street parking and loading facilities that may be required for the type of use contemplated, as established in this UDC. (2) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained, as common area within the development. (ii) Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this UDC. In addition, all lots shall abut and have direct access to an improved public street. (iii) Street frontage required. Each proposed parcel lot shall have frontage on a public street and. The the frontage width shall be the lot width required by the applicable zoning district. This required lot frontage does not require direct street access if access is provided by an improved public alley. (iv) Side lot lines. Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. (v) Corner lots. Corner lots shall be of sufficient width and depth to comply with the required minimum building setback from both streets, as established in this UDC. 168 CR225-464-620540.v5 (d) Roadway and access offsets. Roadways or other access points entering upon opposite sides of any given roadway shall have their centerlines located directly opposite each other or the centerlines located shall be offset at least 150 feet for local residential streets, and at least 200 feet for all other roadways. Driveways on local streets accessing one or two family residential dwellings are exempt from this requirement. (e) Signs, traffic signs and signals, and street lights. (1) Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the city engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (“MMUTCD”). (2) Traffic control signs pursuant to Minnesota Statutes, section 169.06, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. (3) Turn lanes and traffic signals shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. (4) Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever time period is less. (f) Sidewalks and trails. If required, sidewalks and trails shall be installed at the time a street is constructed. Sidewalks shall meet the width requirements in the Crystal city code, chapter VIII and this UDC. (g) Stub streets and cul-de-sac streets (permanent and temporary). (1) Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider. (2) The closed end of the cul-de-sac shall have a pavement width of 70 feet in diameter and the overall length of the road shall not exceed 500 feet in length as measured from the centerline of the nearest intersection to the closed end of the cul-de-sac. (3) In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de-sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. (h) Alleys. When a new alley is proposed to be established as part of a subdivision application, the Alleys alley may shall be established in the city under meet the following conditions requirements: 169 CR225-464-620540.v5 (1) The alleys are publicly owned and maintained; (2) The alleys shall be made of concrete.; (3) No home shall be oriented to face the alley; and (4) Alleys are permitted as a secondary access when the lots front on an arterial or collector street. (i) Private streets. Private streets are prohibited. (j) Street design standards. In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this subsection. Street types shall be established in the comprehensive plan. (1) Street Surfacing and improvements. After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the width prescribed in this section. The designer is encouraged to include techniques that will direct surface water drainage to off-street areas. Types of pavement shall be as prescribed in the city’s engineering standard specifications. Adequate provision shall be made for culverts and drains. The portion of the right-of-way outside the area surfaced shall be sodded or planted with other acceptable materials as approved by the city engineer. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city’s engineering standard specifications and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval. (2) Grading. (i) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb to maintain drainage. (ii) Arterial and collector streets shall have a maximum running grade of five percent. (iii) All other streets shall have a maximum running slope of seven percent, or as determined by the city engineer. (3) Street intersection, tangent, deflection and other design standards. (i) Street Intersections shall intersect at right angles and in no instance shall the angle formed by the intersection be less than 60 degrees. Street intersections having more than four corners shall be prohibited and the curb line at street intersections shall have a radius not less than 15 feet. (ii) Street tangents of at least 150 feet shall be designed between reverse curbs on collector streets and 100 feet on all local streets. (iii) When connecting street lines deflect from each other at a point of more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a site distance of no less than 500 feet for arterials, 300 feet for collectors, and 100 feet for local streets. 173 CR225-464-620540.v5 Section 530 Signage 530.01. Findings, purpose and effect. Subd. 1. Findings. The city council hereby finds as follows: (a) Exterior signs have a substantial impact on the character and quality of the environment; (b) Signs provide an important medium through which individuals may convey a variety of messages; and (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose and intent. It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare; (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community; (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city’s goals of public safety and aesthetics; and (d) Provide for fair and consistent enforcement of the sign regulations set forth in this section. 530.03. General sign requirements. Subd. 1. Permit required. Unless exempted under subdivision 2 of this subsection, no sign shall be erected, altered, reconstructed, maintained, or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be on a form provided by the city. Subd. 2. Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this UDC or any other law or ordinance regulating the same. (a) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (b) Small signs. (c) Governmental signs. (d) Menu boards for drive-through restaurants or eating establishments. 179 CR225-464-620540.v5 Table: 15: Freestanding or Pylon Signs Sign Type Number Allowed Maximum Height Area Minimum Street Frontage Setback From Lot Line Setback From Right-of- Way Freestanding or pylon sign 1 [1] 25 feet 1 square foot of sign per linear foot of frontage [2] 50 feet 10 feet, and 50 feet from residential district, park, school, library, church or similar land use [3] 10 feet Notes: 1. A property abutting more than one street may have one additional freestanding sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other freestanding sign on the property. 2. The area of a sign may not exceed the following square footages based on the street the sign abuts: 1. Principal arterial - 200 square feet 2. Minor arterial or major collector – 150 square feet 3. Minor collector – 100 square feet 4. Local – 50 square feet 3. All parts of a freestanding sign (supports, structure, display, or trim) shall meet this setback requirement. Subd. 4. Monument signs. Monument signs are subject to the following standards: (a) In the residential districts, monuments signs are only allowed for multiple family dwellings or institutional or commercial uses; (b) Monument signs shall meet the requirements in Table 16; and (c) Except in the TC district, an electronically controlled reader board is allowed as part of a monument sign. Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Monument 1 [1] 6 feet in R-1, R-2, and R- 3; 25 feet in C, I and AP Maximum 75 square feet in R-1, R-2, and R-3; same area requirements as 10 feet 10 feet 180 CR225-464-620540.v5 Table: 16: Monument Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Freestanding signs in C, I, and AP Note: 1. A property abutting more than one street may have one additional monument sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or major collector street. Subd. 5. Projecting signs. Projecting signs are subject to the following standards: (a) Projecting signs shall meet the requirements in Table 17; and Table: 17: Projecting Signs Sign Type Number Allowed Maximum Height Area Setback From Any Property Line Setback From Right-of- Way Projecting Maximum of 2 wall or projecting signs per wall [1] Minimum 10 feet clearance above grade and may not be higher than roofline Up to 10% of the wall area to which it is affixed when combined with wall signs 10 feet, but sign may be equidistant between the side property lines if the property is less than 20 feet in width 10 feet Note: 1. A property abutting more than one street may have one additional projecting sign on one of the additional street rights-of-way provided that such right-of-way is on an arterial or collector street and such sign is more than 50 feet distant from any other projecting sign on the property. (b) Buildings exceeding 80,000 square feet in size on lots of over 20,000 square feet are permitted to have wall/projecting signage of up to 250 square feet. Subd. 6. Multi-tenant. The following provisions shall apply to multi-tenant buildings within the commercial and industrial districts. (a) Wall signs. Each tenant in a multi-tenant building may have a flat wall sign in compliance with the wall sign requirements in Table 18. In addition, the multi-tenant building may have wall signage on common walls of the building as long as no more than ten percent of that wall is occupied by signage. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY MANAGER WORK PLAN MONTHLY CHECK IN – JULY 2022 Objective 1 – Strategic planning for continued implementation of Council priorities: o Thriving Business Community ▪ Open To Business assistance available ▪ Community Development staff a resource for local business community ▪ Community Development staff continuing to meet with developers regarding redevelopment opportunities for vacant buildings (reuse of former Burger King and reuse of former Pizza Hut buildings underway) or underutilized buildings o Strong Neighborhoods ▪ Code enforcement – on-going ▪ Continued implementation of Master Parks System Plan improvements – court improvements at Becker Park nearing completion and soccer field at FAIR starting soon ▪ Home improvement loans/rebates available through CEE- on- going o Sound fiscal policies and practices ▪ Long term financial planning on-going ▪ Work on 2023-2024 budget in progress o Welcoming and inclusive community ▪ Inclusion and Diversity Commission established 6/21/22 – recruiting for commission candidates ▪ Frolics at Becker and Welcome parks – July 29 - 30 Objective 2 – Work-life balance o Connecting with neighboring city managers – on-going o Participate in metro and state professional organization to stay current with trends o Continue participation in peer group o Council reviewing consultant proposals to assist with city manager search process at 7/20 work session Objective 3 – Monitor difficult conversations regarding Council effectiveness o Inclusion and diversity commission final version unanimously approved