HomeMy WebLinkAbout02/09/2022 P&Z PacketCITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, February 9, 2022
6:30 p.m.
Council Chambers
Please be courteous and turn off all electronic devices during the meeting.
A C 11 1V11 A
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: January 12, 2022
5. OPEN MIKE
6. ACTION ITEMS
A. PUBLIC HEARING: Rehbein's Black Dirt Conditional Use Permit, Kelsey
Gelhar
B. Gateway Development Studies, Michael Grochala
7. DISCUSSION ITEMS
A. Zoning Ordinance Update — New Zoning Districts, Agritourism and
Breweries/Distilleries, Kendra Lindahl, Landform
B. Project Updates
8. ADJOURN
Meeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — The purpose of a Board Meeting is to accomplish the business of the city.
When presenting at a meeting please remember to be respectful, and follow these
guidelines:
oo Please address the meeting chair.
oo State your name and address for the record.
oo Please observe a 4-minute limit.
oo The topic must relate to city business.
oo Open Mike is for items not on the agenda.
oo A spokesperson must represent a group of five or more — groups will have 8 minutes.
oo The Presiding Officer may limit duplicative presentations.
oo Remember, the meeting is to discuss city business only.
Public Hearing - Held as a separate item of business on the agenda. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
oo The Presiding Officer (Chair or Vice -Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
oo Staff will present their report on the proposal.
oo Board members will then ask City Staff questions about the proposal.
oo The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
oo After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
oo The Board will then discuss the proposal. No further public comments are allowed.
oo The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
Occasionally, the Board may continue a hearing to another meeting before taking action.
Meeting Etiquette
The Planning & Zoning Board must preserve order and decorum while the meeting
is in session. A resident shall not, by conversation or otherwise, delay or interrupt
the proceedings or the business of the Board, nor disturb any resident or Board
Member while speaking or refuse to obey the orders of the Board.
CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE:
TIME STARTED:
TIME ENDED:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
January 12, 2022
6:30 P.M.
9:37 P.M.
Paul Tralle (Chair), Isaac Wipperfurth,
Nathan Vojtech, Michael Root
Neil Evenson, Perry Laden
Michael Grochala, Katie Larsen, Diane Hankee,
Janele Waterman
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on January 12, 2022.
IL PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
Mr. Root amended the agenda to include a discussion item regarding master planning for
the City's gateway areas.
IV. APPROVAL OF MINUTES:
Mr. Root made a MOTION to approve the December 8, 2021 meeting minutes. Motion
was supported by Chair Tralle. Motion carried 4 — 0.
V. OPEN MIKE
Chair Tralle declared Open Mike at 6:33 p.m.
There was no one present for Open Mike.
Mr. Vojtech made a MOTION to close Open Mike at 6:33 p.m. Motion was supported
by Mr. Wipperfurth. Motion carried 4 — 0.
VI. ACTION ITEMS
A. NorthPointe 8tn Addition Final Plat and NorthPointe Garden Estates Site &
Building Plan Review
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 2
Ms. Larsen, City Planner, presented the staff report.
The applicant, Lino Lakes 72, LLC., submitted a land use application for a final plat
on a 4.5 acre lot in order to construct a 72 unit, 55+ age restricted independent senior
housing building called NorthPointe Garden Estates. The name of the final plat is
NorthPointe 8th Addition.
Staff recommended approval of the final plat and site & building plan review for
NorthPointe 8th Addition and NorthPointe Garden Estates subject to conditions listed
in the staff report.
Board Comments
Regarding the traffic study, Mr. Root noted the average daily traffic numbers have
not been updated since 2018. He recommended the County update the figures.
Ms. Hankee explained the traffic study uses the County's latest count numbers and
then the Institute of Transportation Standards are applied to make the average daily
traffic counts current. She said she would check with the County to see if they have
updated figures.
Mr. Wipperfurth concurred with Mr. Root stating the traffic table is outdated
especially when considering the recent development in the area. He asked what the
status is of the property that is for sale south of NorthPointe.
Ms. Larsen said a concept plan for the property was reviewed a few years ago, but it
did not proceed. The property is still for sale.
Mr. Vojtech asked if the developer would be allowed to drop the 55+ age
requirement.
Ms. Larsen said the developer would not be able to drop with age requirement
without City Council's approval.
Chair Tralle commented the owner of the building should determine whether or not
outdoor storage on decks will be allowed.
Applicant's Comments
Ryan Nothnagel, 175 71h Ave South, Waite Park, MN 56387, with INH Properties,
said they will develop, operate, and own the property. He specified INH Properties
has no desire to remove the 55+ age restriction.
Mr. Root asked why the applicant is requesting to change the building setback from
40 ft. to 20 ft.
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 3
Mark Beattie, 216 Park Ave S, Suite 102, St. Cloud MN 56301, with Cole Group
Architects explained they are requesting a setback change due to issues they
encountered from the existing wetlands on site, elevation issues, and their desire to
maximize the width of the courtyard.
Mr. Root asked if the applicant would be willing to screen the building from the
existing single family homes with coniferous trees.
Mr. Beattie assured the Board landscaping requirements and requests will be
addressed.
Mr. Vojtech asked Mr. Beattie and Mr. Nothnagel how close NorthPointe Garden
Estates will be to the highway in comparison to other buildings they have constructed
near highways.
Mr. Beattie shared they recently constructed Gray Stone Flats in Mounds View off of
Old Hwy 10. He said they have not received road noise complaints from tenants. In
buildings they construct, they insulate the walls and utilize 26 STC rated windows to
reduce road noise. He noted NorthPointe Garden Estates will be further away from
the highway than Gray Stone Flats is.
Mr. Vojtech asked what the cost of rent will be.
Mr. Nothnagel said the rent for a 1-bedroom apartment will range from $1,675 to
$1,875. Rent for a two -bedroom apartment will range from $1,955 to $2,475.
Public Comments
Dana Linn, 2101 Dogwood Ct, asked, once the land south of NorthPointe is
developed, if exits could be added to help dissipate traffic from NorthPointe.
Michael Ostegren, 6688 215t Ave S, questioned if the traffic counts were adjusted to
account for individuals who now work from home due to COVID-19. He also
inquired if the City conducted a study on the number of kids in the neighborhood. He
asked how the placement of the apartment building will affect the highway noise and
thereby impact the existing neighborhood. He questioned what the maximum
elevation for the current zoning of the property was. Lastly, he asked for the
definition of a PUD.
Travis Hanson, 2117 Chestnut St., expressed concerned about road access through the
residential neighborhood, the gas line supply issue that occurred in 2019, and the
accuracy of the traffic counts from the traffic study. He asked the board if
NorthPointe Garden Estates will be a part of the NorthPointe HOA.
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 4
Board Comments
Mr. Grochala said the traffic study addressed the pandemic shutdown. He said,
according to MnDOT and MET Council, daily traffic counts have returned to pre -
pandemic figures. He noted an annual growth factor of 1.4% was applied to the old
traffic counts to reflect growth.
Chair Tralle stated the apartment complex will not change the noise from the freeway.
He said the City does not conduct studies on the number of kids in neighborhoods.
Regarding the building's elevation, he said the apartment building will be four stories
and it meets the City's requirements. Chair Tralle stated the gas line issue was an
issue for the provider and it was not a City issue. He informed the public NorthPointe
Garden Estates does not have any intent to be a part of the NorthPointe HOA.
Ms. Larsen provided the definition of a planned unit development (PUD).
City staff said once the land south of NorthPointe is developed, a discussion will be
held about adding exits to help dissipate traffic from NorthPointe.
Mr. Root made a MOTION to recommend approval of the NorthPointe 81h Addition
final plat and NorthPointe Garden Estates site and building plan review subject to
conditions listed in the staff report. Motion was supported by Vojtech. Motion
carried 4 — 0.
B. Lake Amelia Woods Final Plat V
Ms. Larsen, City Planner, presented the staff report.
The applicant, Tom Budzynski of TJB Homes, Inc., submitted a land use application
for the final plat of Lake Amelia Woods. Two existing parcels will be subdivided
into four, 10 acre lots in order to construct four new single family homes.
Staff recommended approval of the Lake Amelia Woods final plat subject to
conditions listed in the staff report.
Board Comments
Mr. Vojtech asked if decks will be allowed.
Ms. Larsen said decks will be allowed, but they will need to meet the OHWL setback.
Mr. Root made a MOTION to recommend approval of the Lake Amelia Woods final
plat subject to conditions listed in the staff report. Motion was supported by Mr.
Wipperfurth. Motion carried 4 — 0.
C. Robinson Property PUD Concept Plan Review
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 5
Ms. Larsen, City Planner, presented the staff report.
The applicant, Integrate Properties, LLC., submitted a land use application for a PUD
Concept Plan review for a master planned residential community. The applicant has
proposed to construct 707 mixed housing units on the 157 acre site. The development
will be located on the Robinson property south of CSAH 14 (Main Street) and east of
CR 53 (Sunset Avenue).
Staff requested feedback from the Planning and Zoning Board regarding whether a
master plan should be required for the Main Street corridor between Sunset Avenue
and 41h Avenue. Staff also requested feedback concerning PUD flexibility for lot
widths, lot sizes, and setbacks.
Board Comments
Mr. Vojtech asked what flat stack townhomes were.
Ian Peterson, 6980 Sand Ridge Road, Eden Prairie, MN 55346, with Integrate
Properties, LLC., explained flat stack are two story townhomes with separate
entrances. The bottom level is one unit and the top level is a separate unit.
Chair Tralle asked what the cost of rent will be on the flat stack townhomes.
Mr. Peterson said rent for a one -bedroom townhome will start at $1,800 and rent for a
three -bedroom townhome will start around $2,900.
Mr. Vojtech asked if there will be beach and/or boat access on the lakes.
Mr. Peterson said they were not considering a beach or boat launch in the project.
Mr. Root recommended a light or round -a -bout be installed at Sunset Avenue and
Main Street. He said the applicant should consider lowing the density and add more
R-1 areas. He commented the proposed setbacks and lot widths for the single family
homes are all consistent with the R-2 designation. He questioned why the application
would be considered a PUD.
Mr. Grochala explained the applicant would like to go through the PUD process to
have flexibility on the lot sizes throughout the site. He asked the Board what they
would like to see at the site in return for allowing such flexibility.
Mr. Wipperfurth recommended connecting Carl Street in order to better distribute
traffic. He liked that the higher density was separate from the single family homes.
Mr. Root recommended the City begin the alignment of Robinson Drive as soon as
possible.
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 6
Chair Tralle asked how much a single family home on a 50 ft. wide lot will cost.
Mr. Peterson said homes on 50 ft. wide lots will start at $400,000.
Chair Tralle stated the price points are too high and he did not appreciate the gated
community concept. He requested the applicant integrate more affordability into the
overall development. He noted the concept plan does not include any amenities for
the City to use and there is not enough benefit to the City to give the applicant a PUD.
Chair Tralle said he would like to see more trails and less 50 ft. wide lots. He asked
how much a single family home on a 65 ft. wide lot will cost.
Mr. Peterson said homes on 65 ft. wide lots will start at $500,000.
Mr. Vojtech stated he would like the applicant to incorporate a park component into
the concept. He recommended a public access to the lake with picnic tables or a
fishing pier for the public to use.
Mr. Grochala informed the Board City staff would also like the applicant to
incorporate a passive area on the lake for public use. He reminded the Board a
playground will be installed at the public park nearby in the Century Farms
development.
Chair Tralle asked City staff why the playground has not been built yet.
Mr. Grochala explained when Century Farms was developed, all of the park funds
were utilized to acquire the park land.
VIL DISCUSSION ITEMS
A. Zoning Ordinance Update — Administration, Kendra Lindahl, Landform
Ms. Kendra Lindahl, Landform, presented the staff report. She requested feedback
from the Planning and Zoning Board regarding the proposed administration section.
Mr. Root commented if a variance for a specific item is requested frequently, the
Board should change the ordinance rather than grant multiple variances.
The Board made no other comments or recommendations regarding the proposed
administration section.
B. Master Plan Discussion
Mr. Root recommended the City pursue master planning of its gateway areas. He
explained master plans help communicate to developers what types of uses the City
would like in those areas whether retail or commercial. He said he would not want
the master plan to be too detailed. He noted some gateway areas may simply include
DRAFT MINUTES
Planning & Zoning Board
January 12, 2022
Page 7
a monument sign informing passersby they are entering Lino Lakes. He asked the
Board if this topic could be discussed further at next month's meeting in order to
make a recommendation to City Council to budget for plans in certain areas and
prioritize them.
Mr. Grochala noted City Council recently approved creating a master plan for Main
Street and 35E as well as for the Woods Edge property next to City Hall.
The Board agreed to add the master plan discussion to next month's agenda.
C. Proiect Updates
Staff provided verbal updates to the Board on current City projects.
VIII. ADJOURNMENT
Mr. Vojtech made a MOTION to adjourn the meeting at 9:37 p.m. Motion was supported
by Mr. Root. Motion carried 4 — 0.
Respectfully submitted,
Janele Waterman, Community Development Administrative Assistant
y
DRAFT MINUTES
PLANNING & ZONING BOARD
AGENDA ITEM 6A
STAFF ORIGINATOR: Kelsey Gelhar, Assistant City Engineer, WSB
P & Z MEETING DATE
REQUEST:
CASE NUMBER:
APPLICANT:
REVIEW DEADLINE:
February 9, 2022
PUBLIC HEARING
Rehbein's Black Dirt
Conditional Use Permit
CU 2022-001
Gerald Rehbein
PO Box 368
Hugo, MN 55038
Complete Application Date:
January 12, 2022
Environmental Board Meeting:
NA
Park Board Meeting:
NA
Planning & Zoning Board Meeting:
February 9, 2022
Council Work Session Meeting:
NA
Council Meeting:
March 14, 2022
60-Day Review Date:
March 13, 2022
120-Day Review Date:
May 12, 2022
BACKGROUND
Gerald Rehbein submitted a Land Use Application for a conditional use permit for earth
moving/black dirt stockpile on the properties located on 2 1 " Avenue South (PID #24-3 1 -
22-24-0002, #24-31-22-24-0008, and #24-31-22-24-0009). The black dirt stockpile
operation will replace the existing location at 6921 21s' Avenue S, Centerville,
Minnesota. Operations at 6921 21" Avenue S will cease once the Lino Lakes site is
operational. The applicant stated the material from the stockpile will be available for
public and local business use during the summer months from 7:00 a.m. to 5:00 p.m.
The following staff report is based on the plan set prepared by Carlson McCain dated
January 10, 2022, and received by the City on January 10, 2022.
ANALYSIS
Section 1007.050 of the Zoning Ordinance establishes requirements for earth moving and
land reclamation. Earth removal, land reclamation, material storage or filling is a
permitted use in all zoning districts. A conditional use permit is required when 5,000
cubic yards or more of material is planned to be removed or deposited on any lot or
parcel.
The three parcels are approximately 18.36 acres and are located between 21st Avenue S
and I-35E. The proposed stockpile will be approximately 2.7 acres in area, will have a
maximum height of 40 feet, and will be approximately 100,000 cubic yards of black dirt
according to the plans. The applicant estimates there will be a maximum of 50 trucks per
day accessing the site.
Access
The site is located at the intersection of 215t Avenue S and Commerce Drive. The
applicant is currently proposing access to the site from 21st Avenue S via a rock
construction entrance that will be converted to a gravel entrance after the initial import of
the black dirt material.
Wetlands
Wetlands are shown on the plan sheet and do not appear to be impacted by the black dirt
stockpile. A wetland delineation was completed onsite in June of 2021 by Kjolhaug
Environmental Services Company, Inc. The Wetland Delineation Report dated August 5,
2021 states there are five (5) wetlands onsite. The estimated wetland boundaries are
shown to be at a sufficient distance from the proposed areas of disturbance. As the
proposed, the project will not impact any wetlands.
Drainage Ditches
Judicial Ditch No. 3 (Clearwater Creek) borders adjacent property to the south of the site
and a private drainage ditch runs on the easterly side of the property. The applicant is not
proposing any changes to the existing drainage patterns to the drainage ditches.
Floodplain
The 2015 DFIRM indicates Zone A floodplain on the site. The applicant is not proposing
any impacts to the floodplain on the site.
Grading and Drainage
A Grading, Drainage & Erosion Control plan was submitted and has been reviewed by
the City Engineer and Environmental Coordinator. Please see attached comments.
Comprehensive Plan and Zoning
The parcels are guided for commercial development and are currently zoned GB, General
Business. Section 1007.050, Earth Moving and Land Reclamation states earth removal
shall be permitted in all zoning districts and establishes conditions that must be met.
Tree Preservation Plan
A tree preservation plan is not required. There are no significant trees within the project
area.
Surrounding Parcels
Direction
Zoning
Existing Land Use
Future Land Use
Commercial & Vacant
North
GB
Commercial
Commercial
South
GB
Vacant Commercial
Commercial
East
I-35E
I-35E
I-35E
21" Ave S & City
21st Ave S & City of
21st Ave S & City of
West
of Centerville
Centerville
Centerville
Conditional Use Permit
The Planning and Zoning Board shall recommend a conditional use permit and the Council
shall order the issuance of such permit only if it finds the following criteria have been met:
1. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
a. Land Use Plan.
b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
The proposed earth moving/black dirt stockpile is consistent with the Comprehensive
Plan. The grading plan and earth moving operation have been reviewed by City staff and
was submitted to the Rice Creek Watershed District (RCWD) for review. The excavation
and stockpiling is temporary and will not have a negative impact on land use,
transportation, utilities or the environment.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed earth moving/black dirt stockpile is compatible with present and future
land uses of the area. Present land use is vacant commercial and future land use is
commercial. Earth moving is allowed in all zoning districts with conditions.
3. The proposed development application conforms to performance standards herein
and other applicable City Codes.
The proposed earth moving/ black dirt stockpile conforms to the performance standards
of the City Code with conditions as established. The plans have been reviewed by City
staff and were submitted to the RCWD for review.
4. Traffic generated by a proposed development application is within the capabilities
of the City when:
a. If the existing level of service (LOS) outside of the proposed subdivision
is A or B, traffic generated by a proposed subdivision will not degrade the
level of service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic
generated by a proposed subdivision will not degrade the level of service
below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic
generated by a proposed subdivision will not degrade the level of service
below D.
d. The existing LOS must be D or better for all streets and intersections
providing access to the subdivision. If the existing level of service is E or
F, the subdivision developer must provide, as part of the proposed project,
improvements needed to ensure a level of service D or better.
e. Existing roads and intersections providing access to the subdivision must
have the structural capacity to accommodate projected traffic from the
proposed subdivision or the developer will pay to correct any structural
deficiencies.
al
f. The traffic generated from a proposed subdivision shall not require City
street improvements that are inconsistent with the Lino Lakes Capital
Improvement Plan. However, the City may, at its discretion, consider
developer -financed improvements to correct any street deficiencies.
g. The LOS requirements in paragraphs 1. to 4. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At City discretion,
interchange impacts must be evaluated in conjunction with Anoka County
and the Minnesota Dept. of Transportation, and a plan must be prepared to
determine improvements needed to resolve deficiencies. This plan must
determine traffic generated by the subdivision project, how this traffic
contributes to the total traffic, and the time frame of the improvements.
The plan also must examine financing options, including project
contribution and cost sharing among other jurisdictions and other
properties, that contribute to traffic at the interchange.
h. The City does not relinquish any rights of local determination.
The black dirt stockpile operation currently exists south of the proposed relocation on the
Centerville side of 21st Avenue S. The applicant estimates a maximum of 50 trucks per
day will access the site. A traffic study was not completed due to the fact that the existing
operation is relocating to a nearby site and the current location will cease operations.
Traffic generated by the black dirt operation will not change the traffic on 21" Avenue S
or at the 21St Avenue S/Main Street intersection.
21 st Avenue S is a 9-ton design, but during spring road restrictions a 5-ton limit applies.
The truck traffic will be limited to these weight restrictions. The hauling, dumping and
grading of excavated materials shall occur within the project boundaries as shown on the
plans. The site will be limited to one access.
5. The proposed development shall be served with adequate and safe water supply.
The proposed earth moving/black dirt stockpile does not require a water service as
proposed. Municipal water main is located along 21st Avenue S and in the drainage and
utility easement on the properties should the applicant wish to connect in the future.
6. The proposed development shall be served with an adequate and safe sanitary
sewer system.
The proposed earth moving/ black dirt stockpile does not require service by sanitary
sewer. However, facilities should be provided on site for any employees of the black dirt
operation. Municipal sanitary sewer is located along 21 st Avenue S and in the drainage
and utility easement on the properties should the applicant wish to connect in the future.
5
7. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed
development.
The proposed earth moving/ black dirt stockpile will not expend City funds.
8. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
The proposed earth moving/ black dirt stockpile will not be detrimental to any persons or
property. Hours of operation, noise control measures, and erosion/dust control measures
will be enforced.
9. The proposed development will not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance.
The proposed earth moving/ black dirt stockpile should not result in the destruction, loss
or damage of natural, scenic or historic features as no known natural, scenic or historic
features exist in the area. The existing wetlands and floodplain will not be affected by the
activities as currently proposed.
In addition to the criteria established under Section 1007.016, Conditional Use Permits,
Section 1007.050, Earth Moving and Land Reclamation establishes the following
conditions that shall be met:
(a) Properly fence any pit or excavation, and barricade entrances to prevent the
general public from depositing garbage or refuse.
The proposed plans indicate earth moving for a stockpile, not a pit. The proposed plans
do not currently show any fencing around the earth moving/black dirt stockpile operation
or any barricades at the entrance. Staff is proposing that silt fence be placed around the
stockpile as a condition of this permit.
(b) Slope the banks, and otherwise guard and keep any pit or excavation in such
condition as not to be dangerous because of sliding or caving banks.
The proposed earth moving/ black dirt stockpile is proposed with 3:1 side slopes on all
sides, except for the working side, reducing the risk of sliding or caving banks. Areas not
being excavated shall be established with turf within seven (7) days of placement to avoid
sliding.
(c) Properly drain, fill, or level off any pit or excavation so as to make the same safe
and healthful as the permitting authority may determine.
C�
The proposed earth moving/ black dirt stockpile site is designed to drain in a similar
manner as the existing conditions. Approximately half of the stockpile will drain towards
the existing wetland east of the site and the other half will drain towards 21 S` Avenue S.
Erosion control is proposed and will be needed to ensure that sediment is prevented from
entering the wetland and storm sewer systems.
(d) Limit the depth of such excavation to an elevation no lower than the minimum
floor elevation for building construction as established by the City Engineer, so as not to
diminish development potential of the parcel.
Not applicable to this project.
(e) Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other
like and similar non -decomposable material. Concrete, asphalt, metal, wood, and other
debris shall be prohibited.
The project is only proposing stockpiling black dirt. The site will be limited to this type of
material. The City will reserve the right to test the material.
(f) Require that all decomposable material, or other unsuitable foundation material,
be removed from an area before deposition of fill begins.
Not applicable to this project.
(g) Prepare a site plan showing existing and proposed grade elevations and effect of
storm water drainage on adjacent areas.
A site plan showing the existing and proposed grade elevations for the proposed earth
moving/ black dirt stockpile was provided.
(h) Specify a time when the excavation or land reclamation project shall be
completed.
The proposed earth moving/ black dirt operations will occur in the summer months. The
conditional use permit will be reviewed every three (3) years for renewal. Renewal shall
be approved by City Council.
(i) Place a minimum of four (4) inches of top soil over the completed project and
establish appropriate ground cover within sixty (60) days of completion, or in a time
period consistent with the City's stormwater management and pollution prevention plan.
The proposed black dirt stockpile shall be seeded or hydromulched within seven (7) days
of initial placement. Once the stockpile has been relocated to the site, at least 70% of the
stockpile shall be stabilized and remain stabilized with vegetation at all times.
7
0) Reimburse the City for the cost of periodic inspections by the City for the purpose
of determining that the terms under which the permit has been issued are being complied
with.
The City will maintain a $5, 000 escrow provided by the owner that shall be reestablished
annually by January 15`h. This escrow will be for inspection, erosion control, and other
City costs associated with the operation of the stockpile.
If the above escrow amount is insufficient, the owner shall make such additional deposits
as required by the City. The City shall have a right to reimburse itself from the Escrow
with suitable documentation supporting the charges.
(k) Implement the tree preservation plan.
Not applicable to this site.
(1) In addition to a conditional use permit, the City Engineer may determine that
permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to
conduct a neighborhood meeting and to notify affected property owners within one -
quarter (1/4) mile.
Properties within 350 feet, as required for CUP's, and the City of Centerville were
notified. A neighborhood meeting is not proposed at this time.
(m) Post a form of security and sum as the permitted authority may require, running to
the City, conditioned to pay the City the cost and expense of repairing or cleaning any
highways, streets, or other public ways within the City made necessary by the special
burden resulting from transporting thereon by the applicant material to or from the site,
the amount of such cost to be determined by the Council; and conditioned further to
comply with all the requirements of this Ordinance and the particular permit, and to save
the City free and harmless from all suits or claims for damages resulting from the
negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other
like material within the City.
The City will collect a form of security at the time of approval of the Site Performance
Agreement.
(n) Other conditions deemed appropriate to the application by the permitting
authority.
This Conditional Use Permit, if approved by City Council, shall only be valid for three
(3) years and the owner will have to apply for renewal. Renewal must be approved by the
City Council.
N.
Environmental Review
The Environmental Coordinator has reviewed the proposal and recommendations are
attached.
Site Performance Agreement
Site Performance Agreement shall be required. A grading permit and securities shall be
deposited by the applicant.
RECOMMENDATION
Staff recommends approval of the conditional use permit for earth moving/black dirt
stockpile subject to the following conditions:
1. Stockpile operations shall be limited to the areas identified in the plans prepared
by Carlson McCain, dated January 10, 2022, and any revisions to the plans
approved by the City.
2. Comments from the City Engineer letter dated February 4, 2022, shall be
addressed.
3. Comments from the City Environmental Coordinator letter dated January 18tn,
2022, shall be addressed.
4. The vehicles accessing or exiting the site shall not track sediment on 2 1 " Avenue.
The onsite facilitates and site circulation shall be sufficient to provide sediment
removal prior to accessing City roadways.
5. Stockpile to be at least 80-ft from property lines shared with 2110 Northern
Lights Blvd (currently Dairy Queen).
6. Stockpile shall be at least 50-ft from the road right-of-way.
7. The stockpile shall not exceed 118,000 square feet in area.
8. Silt fence should be used instead of the sediment control logs shown on the plan.
Double silt fence shall be installed where adjacent to wetlands.
9. The type of stockpile material is limited to topsoil borrow as identified in
Minnesota Department of Transportation's 2020 Standard Specification, Section
3877. Other materials are not allowed and will be required to be removed within
24 hours.
10. Maximum stockpile height is to be limited to 40-ft above the natural grade of the
site.
11. Maximum side slope of stockpile to be 3:1, expect for the working face. The
working face shall not be more than 150 ft in length at the base of the stockpile.
12. Maximum stockpile volume to be limited to 100,000 cubic yards.
13. The finished product pile shall not exceed 500 cubic yards in volume and 15-ft in
height.
14. Any erosion control BMP that becomes non-functional or half full of sediment
must be repaired, replaced, or supplemented by the end of the next day after
discovery. BMP's shall remain in place throughout the duration of the CUP.
I
15. At least 50% of the stockpile surface area shall be established with vegetation at
all times to prevent erosion.
16. Any street tracking that does occur from vehicles entering or leaving the site must
be swept within one calendar day of discovery. The sediment removal facilities
on site such as the gravel entrance must be maintained to prevent tracking. On
site signage regarding tracking is required.
17. A trained individual with current certification in erosion and sediment control
must perform inspections at a minimum every seven (7) days and within 24 hours
after a rainfall event greater than 1/2 inch in 24 hours. Inspection records must be
retained with the SWPPP and include information detailed in section 11.11 of the
Construction Stormwater General Permit. Contact information for the inspector
must be provided to the City. Inspection records must be provided to the City
Environmental Coordinator on a monthly basis. Inspection records per NPDES
standards shall be submitted on a monthly basis throughout the duration of the
CUP.
18. Water suppression, soil binding agents, wind blocks, or other dust suppression
methods will be required if dust leaving the site becomes an issue as identified by
the City. Obtaining water to be used for dust control is the responsibility of the
owner.
19. Hours of operation shall be limited to 7:00 a.m. to 5:00 p.m. during the summer
months (April 1 through November 1).
20. Sanitation facilities must be provided on site. Portable toilets shall be serviced
regularly and screened from visibility of neighboring properties.
21. Equipment on site shall be limited to what is necessary for stockpile operations,
including mobile dirt screener, mobile dirt conveyer, loading and hauling
equipment, and equipment needed for grading. Non-functioning equipment is not
allowed to be stored on site. All equipment shall be screened from public view.
22. Vehicles entering and leaving the site shall adhere to the 9-ton road weight
restriction.
23. Owner to limit speed of trucks entering of leaving the site and along 21st Avenue
to 25 miles per hour.
24. Maximum noise emitted at the property line shall conform to the noise regulations
contained in City Code Section 901.03(4) and the owner shall not violate other
nuisance regulations contained in Chapter 901.
25. Owner shall submit to the City a monthly accounting of material hauled in to the
site and hauled off the site. This accounting of material hauled from the site shall
be in the form of a log of loads hauled out each day and documenting the quantity
of material in each load together with copies of truck load tickets and/or bills of
sale.
26. Owner to protect municipal utilities on site from damage. Sanitary sewer main
and water main are located in the drainage and utility easement on the property.
Repair cost shall be the responsibility of the Owner.
27. No fill may be placed in the delineated wetlands or in the FEMA floodplain on
the site. Stockpile shall not encroach within 50-ft of the delineated wetland
boundaries and the FEMA floodplain.
10
28. Owner will follow the applicable standards and requirements of the City of Lino
Lakes, Rice Creek Watershed District, Army Corp of Engineers, Minnesota
Pollution Control Agency, and any other agency having jurisdiction over the
property and shall secure and file with the City, copies of any permits required by
outside agencies. Owner will file with the City within ten (10) days of receipt,
copies of any permits and/or notice of enforcement actions by these agencies.
29. Owner will permit a City Inspector to view the premises during normal business
hours.
30. The CUP shall only be valid for three (3) years. The permit may be extended by
the City Council following a written request by the applicant submitted at least
three months prior to expiration, and review at a public hearing. A new CUP will
be needed for work (grading, other material stockpiles, excavation of material,
etc.) that is not stated in this CUP.
31. A Site Performance Agreement shall be executed and recorded.
ATTACHMENTS
1. Site Location and Aerial Map
2. City Engineer letter dated February 4, 2022
3. City Environmental Coordinator letter dated January 18, 2022
4. Site, Grading, Erosion and Sediment Control Plan dated January 10, 2022
11
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Memorandum
To: Katie Larsen, City Planner, City of Lino Lakes
From: Kelsey Gelhar, EIT, WSB
Diane Hankee, City Engineer, City of Lino Lakes
Date: February 4, 2022
Re: Rehbein Black Dirt CUP
Plan Review
WSB Project Number— 019710-000
WSB has reviewed the final plat for the NorthPointe Garden Estates development in Lino Lakes,
MN, prepared by Carlson McCain, received on January 10, 2022. These comments are based on
the following final plan sets and plat documents:
00 Rehbein Black Dirt Site, Grading, Erosion And Sediment Control Plan prepared by
Carlson McCain, dated January 10, 2022, received January 10, 2022.
oo ALTA/NPS Land Title Survey prepared by E.G. Rud & Sons, Inc., dated December 23,
2021, received January 10, 2022
Applicant to respond to these comments in writing on this word document. Any changes to the
plans that are not associated with these comments shall be identified by either a summary in the
response or in the plans with a revision cloud or note.
Engineering
• General
The Rehbein Black Dirt development proposes to stockpile black dirt for commercial use.
The site will be accessed from 21 st Avenue S and is adjacent to I-35E. The three parcels
being utilized for the black dirt operation are approximately 18.36 acres.
The proposed stockpile will be approximately 2.7 acres in area, will have a maximum height
of 40 feet, and be approximately 103,000 cubic yards of black dirt based on the plans.
Comments:
1. Applicant to update pile location with setbacks of 80-ft from the northern property
line (shared with Dairy Queen) and 50-ft from the 21s' Avenue S right-of-way.
2. Applicant to provide details on screening (trees, fences, etc.) needed for onsite
equipment.
• Grading, Erosion Control & Stormwater Management
The Rehbein Black Dirt operation will require site grading for the proposed site entrance
and the proposed black dirt stockpile. The stockpile is proposed to have 3:1 side slopes.
One side of the stockpile is designated as the "working face of pile". The proposed project
Ms. Katie Larsen
2/4/2022
Page 2
is within the Rice Creek Watershed District (RCWD). The applicant is proposed sediment
control log to surround the stock pile.
Comments:
1. Applicant to update plans to address comments provided by the City's
Environmental Coordinator regarding erosion control.
2. Applicant to add turf establishment details to the plans (i.e. seed mix type and
application rate, hydromulch type and application rate, etc.)
3. No work shall be completed until a Rice Creek Watershed District permit has
been obtained.
Water Supply
There is currently an existing 8-inch diameter ductile iron pipe (DIP) water main along 21st
Avenue S and existing 16-inch diameter DIP water main in an easement in Outlot A of the
Clearwater Creek Business Center Plat (PID 24-31-22-24-0009).
The applicant is not proposing any connections to the municipal water system with this
plan.
Staff does not have any comments at this time
Sanitary Sewer
There is currently an existing 8-inch diameter polyvinyl chloride (PVC) sewer main along
21st Avenue S on the north end of the site and existing 21-inch diameter PVC sanitary
sewer in an easement in Outlot A of the Clearwater Creek Business Center Plat (PID 24-
31-22-24-0009).
The applicant is not proposing any connections to the municipal sanitary sewer system
with this plan.
Comments:
1. Applicant to provide sanitation facilities on site for employees.
• Transportation
The site is located at the intersection 21st Avenue S and Commerce Drive. The applicant is
proposing access the site on 21st Avenue S via a gravel driveway. 21St Avenue S is a local
street on the Centerville/Lino Lakes border. The existing right-of-way along 21st Avenue S
varies in width from 50-ft to 73-ft.
The applicant estimates that the maximum truck traffic will be 50 trucks per day visiting the
site. The applicant has an existing black dirt facility on 21st Avenue S south of this project in
Centerville.
Comments:
1. Tracking on 21 st Ave S has been an issue with the existing stock pile operations.
The applicant shall extend the proposed gravel entrance to reduce tracking.
Access should come off of Commerce Drive easterly stub.
Rehbein Black Dirt CUP Engineering Review
Ms. Katie Larsen
2/4/2022
Page 3
2. Applicant to submit truck turning template at access point.
3. Applicant to submit a hauling plan with truck weights and associated volume of
material and the number of trips for the initial pile construction. This plan should
meet the 9 ton road restriction.
• Wetlands and Mitigation Plan
There is five existing wetlands on the site according to the Delineation Report
prepared by Kjolhaug Environmental Services Co. in 2021. The applicant is not
proposing any wetland impacts with this project.
Comments:
1. Applicant to show all wetlands on the site. It appears the Kjolhaug identified a
wetland just south of Northern Lights Blvd that is not shown on the site plan.
2. Applicant to provide double silt fence adjacent to wetlands.
• Landscaping
The applicant did not propose any landscaping at this time. If submitted, landscaping will be
reviewed in depth by the City's Environmental Coordinator.
Floodplain
The 2015 DFIRM indicates Zone A floodplain on the site. The applicant is not proposing any
impacts to the floodplain on the site.
• Drainage and Utility Easements
The proposed work is located within Lot 2 Block 2 and Outlot A of the Clearwater Creek
Business Center Plat. Lot 2 Block 2 has a 10-ft wide drainage and utility easement along the
lot lines. There is an existing 60-ft wide drainage and utility easement in Outlot A that
connects the Northern Lights Blvd right-of-way to the south limit of the plat. The applicant is
not proposing any changes to the plat.
00 Site Performance Agreement
A Site Performance Agreement will be required
00 Grading Agreement
A Grading Agreement is not applicable at this time.
• Stormwater Maintenance Agreement
A Stormwater Maintenance Declaration is not applicable at this time.
• Permits Required
1. NPDES General Construction Permit
2. City of Lino Lakes Zoning Permit for Grading
Rehbein Black Dirt CUP Engineering Review
Ms. Katie Larsen
2/4/2022
Page 4
3. Minnesota Pollution Control Agency
If you or the applicant has any questions regarding these comments, please contact Diane
Hankee at (651) 982-2430 or dhankee@linolakes.us. You may also contact Kelsey Gelhar at
(612) 709-4897 or kgelhar@wsbeng.com.
Rehbein Black Dirt CUP Engineering Review
T'°,. F
LINOJLY� KES
To: Diane Hankee, Kelsey Gelhar
From: Andy Nelson
Date: January 18t", 2022
Environmental Memo
Re: Environmental Comments/Rehbein black dirt pile
1. A trained individual with current certification in erosion and sediment control
must perform inspections at a minimum every 7 days and within 24 hours
after a rainfall event greater than '/2 inch in 24 hours. Inspection records must
be retained with the SWPPP and include information detailed in 11.11 of the
Construction Stormwater General Permit. Contact information for the
inspector must be provided to the city prior to any soil disturbance on the site.
2. Silt fence should be used instead of the sediment control logs shown on the
plan. A trench 1-2' deep on the stockpile side of the silt fence is
recommended to minimize maintenance of the silt fence.
Note that BMPs that become non-functional or'/2 full of sediment must be
repaired, replaced, or supplemented by the end of the next day after
discovery.
3. Street tracking generated must be swept within one calendar day of
discovery.
4. Water suppression, soil binding agents, wind blocks, or other dust
suppression methods may be required if dust leaving the site becomes an
issue as identified by the city.
5. Rock construction entrance will require regular maintenance.
6. Portions of the stockpile that are not in regular use should be stabilized with
seed and hyrdomulch.
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ROCK CONST. ENTRANCE
GOVERNING SPECIFICATIONS
1. THE LATEST EDITION OF THE MINNESOTA DEPARTMENT OF
TRANSPORTATION "STANDARD SPECIFICATIONS FOR
CONSTRUCTION" AND THE CITY OF LINO LAKES SPECIFICATIONS.
2. THE LATEST EDITION OF THE MINNESOTA MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES (MMUTCD).
3. THE LATEST EDITION OF THE CITY ENGINEERS ASSOCIATION OF
MINNESOTA (CEAM) STANDARD SPECIFICATIONS.
GRADING NOTES
1. SILT FENCE OR SEDIMENT FILTER LOGS AND EXISTING CATCH
BASIN INLET PROTECTION SHALL BE INSTALLED PRIOR TO
GRADING CONSTRUCTION, AND SHALL BE MAINTAINED UNTIL THE
SITE HAS BEEN STABILIZED.
2. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND
ELEVATIONS OF EXISTING UTILITIES AND PAVEMENTS PRIOR TO
THE START OF GRADING CONSTRUCTION. THE CONTRACTOR
SHALL NOTIFY THE ENGINEER IMMEDIATELY OF DISCREPANCIES OR
VARIATIONS FROM THE PLAN.
3. CONTRACTOR SHALL STRIP, STOCKPILE AND RESPREAD
SUFFICIENT TOPSOIL TO PROVIDE A MINIMUM OF 6" OF TOPSOIL
OVER ALL DISTURBED AREAS THAT WILL BE SODDED, SEEDED OR
LANDSCAPED.
4. TURF ESTABLISHMENT SHALL BEGIN AS SOON AS POSSIBLE BUT
IN NO CASE LATER THAN 7 DAYS AFTER GRADING COMPLETION.
BUILDING PARKING
FROM STREETS 30 (40*) 15
REAR YARD 30 (5**) 10
SIDE YARD 10 10
* FROM COLLECTOR OR ARTERIAL STREET
** ACCESSORY BUILDING
SITE DATA
ZONING:
TOTAL AREA:
GB — GENERAL BUSINESS
9.37 AC.
HARD SURFACE AREA:
CONCRETE ENTRANCE: 500 SF
GRAVEL: 9.100 SF
TOTAL: 9,600 SF
WETLAND CONSIDERATIONS
1. KJOLHAUG ENVIRONMENTAL COMPLETED A WETLAND
DELINEATION OF THE SITE IN AUGUST OF 2021. DELINEATED
WETLANDS ARE SHOWN HEREON.
2. THERE ARE NO WETLAND IMPACTS PROPOSED AS PART OF
THIS PROJECT. THERE WILL BE NO LAND DISTURBING
ACTIVITIES WITHIN 50 FEET OF A DELINEATED WETLAND
BOUNDARY.
FLOODPLAIN CONSIDERATIONS
1. THERE ARE NO REGULATORY FLOODPLAINS WITHIN THE
BOUNDARY OF THE PROPOSED SITE.
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REVISIONS
1.
DRAWN BY:
JTR
DESIGNED BY:
JTR
ISSUE DATE:
01/10/22
I hereby certify that this plan, specification
or report was prepared by me or under
my
direct supervision and that I am a duly
Licensed Professional
Engineer under
the
laws of the State of Minnesota
Name: Joseph T. Radach, P.E.
Signature:
Date: 01/10/22 License
#: 45889
C1
of
2
STAFF ORIGINATOR:
P & Z MEETING DATE:
REQUEST:
APPLICANTS:
INTRODUCTION
PLANNING & ZONING BOARD
AGENDA ITEM 6B
Michael Grochala, Community Development Director
February 9, 2022
Gateway Development Studies Discussion
City Initiated
At the January 12, 2022 Planning & Zoning Board meeting, Board Member Michael Root
requested an item regarding Gateway Development Studies be added to tonight's agenda.
Attached is Mr. Root's narrative.
BACKGROUND
The 2040 Comprehensive Plan identifies gateway locations, the need to strengthen and maintain
the appearance of gateways, and recommendation to complete master planning studies where
identified. These areas are detailed in Chapter 3: Land Use -Planning District sections of the
Comprehensive Plan. Mr. Root's proposal identifies these as well as a few other for
consideration for both gateway development and master planning or plan updates.
ANALYSIS
The Implementation section of the Comprehensive Plan (Chapter 12), identifies a number of
proposed actions and timing to implement the plan. These items are used to develop an annual
work plan and support for project inclusion in the annual budgeting process.
The development of design guidelines related to gateways is identified as a short term action (1-5
years). The completion of master plans in individual planning districts is included in the medium
priority category.
Approximately $34,000 is budgeted annually for code updates, small area plans, and other
consultant services. Depending on the plan objectives, these funds may be supplemented by
other sources such as sewer, water, or surfacing water programs. Updating official controls is a
priority implementation item and is the immediate funding priority. The zoning ordinance will
be completed in 2022 along with the sign ordinance. We are also intending to potentially start
the update of the Shoreland Ordinance. In addition, the Council recently authorized a master
planning process for 400 acres of commercial/industrial land northeast of the 35E/Main Street
corridor. This is primarily for the purpose of coordinating trunk utility and arterial transportation
improvements across multiple properties.
Budgeting for 2023 will start in late April so it would be helpful for the Planning and Zoning
Board to prioritize interest, need, and objectives to the extent possible.
Staff would suggest that the board consider the development of gateway design standards as a
priority goal. This could look at all gateway locations as a whole to develop a uniform treatment
when improvements are proposed and funding is available. The City did prepare a Gateway
signage standard in 2006, but it has not been implemented due mostly to cost. The Council has
already expressed a desire to incorporate entryway signage into the Hodgson/CR J improvements
planned for 2023. Anoka County is targeting 2024 for improvements to Sunset Avenue and
Main Street. Ramsey County is proposing the reconstruction of the CRJ Corridor from
Centerville Road to Otter Lake Road in 2024-26.
The City's Economic Development Strategic Plan included the development of the Woods Edge
property as its No. 1 priority. Completion of a market study to evaluate options was identified as
the first action step prior to any master plan revision. Staff anticipates undertaking this project in
2022. Support by the Planning and Zoning Board would be welcome.
RECOMMENDATION
The Planning & Zoning Board may make recommendation to the City Council regarding
proposed study initiatives.
ATTACHMENTS
1. Gateway Development Studies Narrative
2. Planning District Map -Gateway Locations
3. 2006 Gateway signage design
2
Gateway Development Studies
The 2040 Comprehensive Plan Goals and Policies state that the city should:
1. Create, strengthen and maintain the appearance of the city's gateways and key transportation
corridors through streetscapes, design standards, trails, lighting, signage and other tools.
2. Encourage developers to take advantage of opportunities provided by gateway and nodal
development design standards especially within designated redevelopment areas.
3. Encourage master planning to accomplish the objectives of the Comprehensive Plan.
According to the 2040 Comprehensive Plan, gateway areas are:
1. Hodgson Road (CSAH 49) and County Road J (Ash Street) intersection
2. Intersection of Lake Drive and Main Street
3. Interchange of 1-35W and Lake Drive (CSAH 23)
4. Lake Drive and Hodgson Road (CSAH 49) intersection
5. Main Street (CSAH 14) at Sunset Road (CR 53)
6. Main Street/1-35E interchange
7. County Road J (Ash Street)/1-35E interchange
8. Centerville Road and County Road J (Ash Street)
However, there are other areas that might also be considered, as given below.
Development studies are a way to communicate to developers what the City envisions for gateway and
key transportation corridor areas. The primary focus of these studies should be business and
commercial development, although residential and institutional uses might be included.
Monument signs identifying Lino Lakes could be considered, as well. For some areas, only a monument
sign may be appropriate. Examples of such signs in nearby communities include White Bear Lake at
Centerville Rd and MN 96, Shoreview at Lexington Ave and MN 96 and Lexington at Lake Dr and
Lexington Ave.
Along these lines, the Planning and Zoning Board recommends that City Council review and revise
existing developing planning studies, as necessary, and initiate new studies for the following areas.
Proposed study areas (in order of priority):
1. Lino Lakes Town Center, including the clinic building as appropriate
2. Marketplace — Revise the PDO to eliminate specific businesses and replace with use categories for
undeveloped lots
3. Main St at 21st Ave, 35E, Otter Lake Rd and 24th Ave
4. Main St and Sunset Ave
5. Hodgson Rd and Ash St — Northeast corner
6. Main St and Lake Dr
7. Lake Dr and Hodgson Rd
8. Birch St and Centerville Rd and 20th Ave
9. Ash St at 35E
10. Lake Dr at 35W
Planning Districts Map -Gateway Locations
Figure 3-7.2040 Future Land Use Map for Planning District 1
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I= Planning District 1 Boundary
. Office Residential
Open Water
Gateway
= Signature Gateway District
Right -of -Way
Permanent Rural
= Commercial
[__] Municipal Boundary
Urban Reserve
Town Center
0 Parcels
Low Density Residential
Business Campus
— Streams
_ Low Density Mixed Residential
Industrial
Medium Density Residential
Civic! Institutional
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Figure 3-9.2040 Future Land Use Map for Planning District 2
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Concept A
Concept A Is the most basic option. The pre -cast concrete sign panel is set
45 degrees to the road, for easy visibility. A metal logo and lettering are
mounted 4" from the face of the panel, to create shadows during the day
and while lit at night. Brick base and pre -cast limestone effect match existing
materials at City Hall, This option can be configured with a built in planter
wall for annual or perennial accents.
CONCEPT A ?LAN rr r-I 4
PLANTER WI
ANNUALS
CROSS SECTION A A
2'X2' PRE -CAST PIER
LANDSCAPE EDGING
L SHRUB AND PERENNIAL
A MASSINGS
4 iPLANTER WALL
FRONT ELEVATION r%Jmm J
C O N S U L T I N G
G ROu P, 1 NC
2'x2' PRE -CAST
CONCRETE
PIER
RAISED METAL
LOGO
PRE -CAST
CONCRETE
PANEL
Concept B
Concept B Is the moderate option and Includes 2 wing walls in addition to ROAD
the main pre -cast concrete sign panel, Concept B can be configured with
several options, including additional custom metal work and pre -cast inset
detailing in the sign panel, This concept has a stronger visual presence than
Concept A. It can function as a stand-alone landscape element with tree,
shrub, and perennial plantings, or as an Integrated piece with other intersection
or streetscape Improvements,
Options B1, B2, and B3 follow the same general layout and dimension.
The plan below shows an alternate configuration with a keystone block
retaining wall. 1
0
CONCEPT B1 -SECTION B-B' 7L.�
JALL
CONCEPT B3 - PLAN
RETAINING WALL N`
k`\ _ /
CONCEPT B3 - ELEVATION ri.J"LJ
PRECAST CONCRETE
INSET DETAIL
METAL CUTOUT DETAIL
M
B I B'
CONCEPT 81 - PLAN n �-
17'—D"
RAISED METAL LETTERING CONCEPT 31 - ELEVATION �J
PRE —CAST CONCRETE e
SIGN PANEL RAISED METAL LETTERING -------
METAL DETAIL ACCENTS— \
PEKE
CONCEPT B2 - ELEVATION ri"Irm J
LINO LAKES GATEWAY CONCEPTS
December 14, 2005
3'
riffelm
"HERON" OR OTHER STYLIZED
ICON METAL PANEL
PRE —CAST PANEL
'C T Y -,.,._0 F
IN KE
Concept C Additional Gateway Elements
Concept C Is the most highly visible gateway concept.
It features an 28' high brick pillar along with the pre -cast
concrete sign panel shown in A and B. At the top of the
pillar, a metal cutout In the shape of a heron can be
Illuminated at night,
The sign panel shown Is a curved pre -cast concrete wall
with a limestone -effect base. The nine elements shown
on the pillar represent the nine lakes within the City of
Llno Lakes. 9
1
METAL HERON CUTOUT
WITH LUMINARY INSIDE
6'X6'X28' HIGH BRICK
PILLAR
9 DECORATIVE ELEMENTS
REPRESENT 9 LAKES IN
LINO LAKES
PERENNIAL, SHRUB, AND
ORNAMENTALTREE
PLANTINGS
RAISED METAL LETTERING
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C O N S U L T I N G
G ROUP, I NC
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There is an opportunity to use other landscape elements besides a
gateway monument in Lino Lakes to create a civic identity and welcome
people Into the city. Features such as banner poles, median plantings,
and a combination of several of these elements will create an attractive,
welcoming environment to visitors and residents. A synthesis of these
elements at an Intersection or across a road way, as ahown in the cross-
section below, are very effective.
Opportunity,
Other Street
Elements
Banner Poles: Way -finding and civic Image
CONCEPTUAL 4-LANE ROAD CROSS SECTION
I -
Enhanced median plantings
MW
LINO LAKES GATEWAY CONCEPTS CI T F
December 15, 2005 rIINLpIZyA
LINO LAKES GATEWAY DESIGN CONCEPTS WACONS u LT ING
DECEMBER 14, 2005 G iz o u r, INC
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STAFF ORIGINATOR:
P & Z MEETING DATE:
REQUEST:
CASE NUMBER:
APPLICANTS:
OWNERS:
BACKGROUND
PLANNING & ZONING BOARD
AGENDA ITEM 7A
Kendra Lindahl and Kevin Shay, Landform
February 9, 2022
Zoning Ordinance Update -New Zoning Districts, Agritourism and
Breweries/Distilleries
N/A
City of Lino Lakes
Multiple
On March 8, 2021, the City Council authorized Landform to update the City's Zoning Ordinance
and Zoning Map. This is one of the steps required to implement the 2040 Comprehensive Plan
that was adopted by the City Council on November 9, 2020.
On May 12, 2021, the P&Z Board kicked off this effort with a discussion of Planned Unit
Developments (PUD). The P&Z had a robust discussion about the purpose and intent of PUDs
and provided direction to staff about desired changes to the ordinance.
On June 9, 2021, the P&Z board reviewed the first draft of the changes to the general provisions
section. P&Z provided input to staff about the proposed revisions to the ordinance.
On August 11, 2021, the P&Z board reviewed the first draft of the Planned Unit Development
section of the ordinance. The P&Z provided feedback regarding the proposed changes to the
ordinance.
On October 4, 2021, staff provided an update on the project at the Council work session.
On October 13, 2021, the P&Z board reviewed the first draft of the zoning district sections of the
ordinance. The P&Z provided feedback about the proposed changes and provided input on other
potential changes to the ordinance.
On November 10, 2021, the P&Z board reviewed driveway width, impervious surface area, brew
pub locations, garage area, side yard setbacks, and porch depth to provide and input and
recommendations on changes to the ordinance.
On January 12, 2022, the P&Z reviewed the administrative section and provided input on the
proposed changes to clean up and refine the section.
ANALYSIS
Tonight, we are reviewing three different issues:
1. New zoning ordinance districts that are required to implement the Comprehensive Plan
2. Establishing standards for Agritourism
3. Updating the standards for liquor uses
New Zoning Districts
The Urban Transition (UT) zoning district is a new zoning district that is intended as a holding
zone to preserve areas where urban services are planned, but not yet available. This was
identified in the implementation plan of the 2040 Comprehensive Plan as an action that would
allow for the orderly development of land planned for urban services. The UT district is
substantially the same as the Rural (R) zoning district with a larger (20-acre) minimum lot size to
preserve the land for development.
The holding zone would apply until municipal sewer and water are available and a landowner/
developer makes application for development. At that time, the City may rezone the property
consistent with its designation on the future land use plan map, provided the development does
not result in the premature extension of public utilities, facilities, or services.
The Business Campus (BC) zoning district is for the land in eastern Lino Lakes that was
designated Business Campus in the 2040 Comprehensive Plan. The intent is to provide for
multi -use buildings, business offices, wholesale showrooms, and related uses in an environment
which provides a high level of amenities. The district will serve primarily as employment
centers, with office, service, research and development, data centers, and light industrial uses.
Other uses would include those that support the businesses and their employees, such as
convenience retail or services, hotels, restaurants, daycare facilities, banks or other financial
institutions. The development standards included in the district are the same as the light
industrial district.
The High Density Residential and Commercial (R-5) zoning district is intended to provide a
setting for multiple family housing and commercial in areas that have good thoroughfare access.
The R-5 district shall correspond to the Planned Residential/Commercial land use category in the
2040 Comprehensive Plan future land use map. The uses allowed within the district are a
combination of uses found in the High Density Residential (R-4) district and the General
Business (GB) district, with the development standards reflecting those district standards as well.
Agritourism
Agritourism is a new use that has been added as a conditional use to the Rural (R) and Urban
Transition (UT) districts. Agritourism is defined as "any commercial enterprise that links
agricultural production and/or processing with tourism in order to attract visitors onto a farm,
2
ranch, or other agricultural business for the purposes of entertaining and/or educating." This
definition will be added to the definitions in the zoning ordinance. By allowing agritourism as a
CUP, we can address the effects of the use to ensure the site's agriculture and surrounding
properties are not affected by the operations and activities of the use. An example of the use is
Waldoch Farm.
The agritourism standards will be in located in the general provisions section of the zoning
ordinance similar to other conditional uses with substantial conditions. The P&Z should review
the standards in the attached draft ordinance and provide a recommendation.
Liquor Standards
The current ordinance allows brewer taprooms accessory to a malt liquor beverage production
and bottling facility in the Light Industrial (LI) and General Industrial (GI).
We have updated the General Business (GB), Light Industrial (LI) and General Industrial (GI)
districts to include a broader range of uses related to alcoholic beverages such as, brew pub,
brewer taproom, microbrewery/small brewer, microdistillery/small distillery. The uses are
defined as:
Brew Pub - A restaurant that conducts the retail sale of malt liquor brewed on the premise
and licensed under Minnesota Statute section 340A.301, subdivision 6(d). Areas used
exclusively for brewing operations shall not exceed 25 percent of the total floor area.
Included within this use is the off -sale of malt liquor produced on site in refillable
growlers pursuant to Minnesota Statutes section 340A.301, subdivision 7(b). (No change
from existing ordinance)
Brewer Taproom - Facility on the premises of, or adjacent to, a malt liquor beverage
production facility / brewery intended for the on -sale and consumption of malt liquor
produced by the brewer pursuant to Minnesota Statute section 340A.301, subdivision 6b.
A brewer taproom may include a restaurant. (No change from existing ordinance)
Microdistilleries - is a distillery operated within the state producing premium, distilled
spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which
distillery is licensed under Minnesota Statutes section 340A. (New definition)
Small Brewer - is a brewer licensed under section Minnesota Statutes section 340A.301,
Subdivision 6, clause (c), (i), or 0) who also holds a retail license to sell off -sale malt
liquor at its licensed premises which has been produced and packaged by the brewer.
(New definition)
The ordinance is drafted to allow for the following:
GB District;
oo Permitted use
o Brew pub (new)
3
o Microdistillery with cocktail room (new)
o Small brewer with brewer taproom (new)
LI District;
oo Permitted accessory use
o Brewer taproom accessory to malt liquor beverage production (no change)
o Cocktail room accessory to distilled spirits production (new)
GI District;
oo Permitted accessory use
o Brewer taproom accessory to malt liquor beverage production (no change)
o Cocktail room accessory to distilled spirits production (new)
Staff recommends approval as drafted; however, the P&Z Board should discuss alternatives:
oo An alternative would be to allow the microdistillery with cocktail room and small brewer
with brewer taproom as a conditional use in the GB district. If the Board has concerns
about the potential impact of these types of uses, they could be designated as conditional
use permits with conditional use permit standards to address those concerns.
oo The P&Z should discuss if the uses make sense in the given districts and provide a
recommendation with any changes to uses in the particular districts and the approval
process (permitted vs. conditional use).
glTMMARY
The ordinances being discussed tonight are new additions to the zoning ordinance, so we have
prepared a clean version of the changes for review.
The Planning & Zoning Board should review the draft changes recommended by staff and
provide direction on any other desired changes. The direction will be incorporated into the full
draft that will be presented in March.
Our next meeting to review ordinance revisions is tentatively scheduled for March 91" and we
intend to bring a full draft of the revised zoning ordinance.
RECOMMENDATION
Provide direction to staff on the proposed new districts, agritourism and changes to liquor
standards.
ATTACHMENTS
1. Urban Transition UT District (Section 1007.082)
2. Business Campus BC District (Section 1007.122)
3. High Density Residential and Commercial R-5 District (Section 1007.096)
4. Agritourism Ordinance (Section 1007.059)
M
Draft Urban Transition District
RURAL DISTRICTS
§ 1007.082 UT, URBAN TRANSITION DISTRICT.
(1) Purpose. The purpose of this district is to provide a holding zone to preserve areas where
urban services are planned but not yet available to promote the future orderly and efficient extension
of public infrastructure.
(2) Lot and Yard Requirements.
(a) The following requirements shall be met;
Requirements
UT District
Minimum Lot Size
20 gross acres. 4 acres buildable*
Minimum Lot Width
330 feet*
Minimum Building Setbacks
Principal Structure
Accessory Structure
From Street
Local Street
30 feet
100 feet
Collector or Arterial Street
40 feet
100 feet
Rear Yard
30 feet
30 feet
Side Yard
10 feet
5 feet
Minimum Footprint*
Rambler
1,050 square feet
Split Level/Two Story
850 square feet
Maximum Building Height
35 feet
*Unless exempt under § 1007.042 (2)(b) to allow a smaller lot size and 200 foot lot width.
**Does not include garage area.
(3) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are
permitted uses in the UT District:
(a) Agriculture, gardening and sod farming.
(b) Commercial greenhouses and nurseries.
(c) Community Gardens operated by the city.
(d) Day care facilities (14 or fewer persons).
(e) Golf courses and driving ranges.
(f) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
5-1
Draft Urban Transition District
(g) Keeping of farm animals of up to 300 animal units in conformance with Chapter
503. No more than one (1) animal unit per two (2) acres.
(h) Public parks.
(i) Single family detached dwellings.
0) Residential care facility serving six (6) or fewer persons, State licensed.
(k) Temporary stands for the sale of agricultural products produced on the premises in
accordance with § 1007.043 (4)(h) of this Ordinance.
(1) Winery and cider mill, with no tasting room.
(4) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the UT District:
(a) Accessory apartments as regulated by § 1007.049 of this Ordinance.
(b) Accessory buildings including garages, tool sheds, sheds and similar buildings for
storage of domestic and farm supplies, and non-commercial recreational equipment, as regulated by
§ 1007.043 (4) of this Ordinance.
(c) Fences, as regulated by § 1007.043 (18) of this Ordinance.
(d) Home occupation Level A as regulated by § 1007.048 of this Ordinance.
(e) Operation, parking, or storage of such vehicles, equipment and machinery which are
incidental and customary to permitted or conditional uses allowed in this district.
(f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less
in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic
equipment including radio receivers, ham radio transmitters and television receivers as regulated by
§ 1007.054 of this Ordinance.
(g) Recreational vehicles and equipment per § 1007.043 (16) of this Ordinance.
(h) Signs as regulated by Chapter 1010 of the City Code.
(i) Swimming pools, sport courts and other recreational facilities which are operated for
the enjoyment and convenience of the residents of the principal use and their guests, as regulated by
§ 1007.043 (4) of this Ordinance.
(5) Conditional Uses. The following are conditional uses in the UT District. These uses
require a conditional use permit based on the standards and procedure outlined in § 1007.016 of this
Ordinance.
5-2
Draft Urban Transition District
(a) Agritourism as regulated by § 1007.059 of this Ordinance.
(b) Cemeteries provided that:
1. The site shall have access on a "collector" or higher classification street.
2. Where abutting a rural or residential zoning district, the periphery of the site shall be
screened in accordance with §1007.043 (17) of this Ordinance.
(c) Commercial and public radio and television transmitting antennas, and public utility
microwave antennas less than 200 feet in height as regulated by § 1007.054 of this Ordinance.
(d) Commercial Kennels and similar uses provided that:
1. The applicable provisions of Chapter 503 are determined to be satisfied.
2. Property shall be a minimum of five (5) acres in size.
3. Cages, enclosures, and housing facilities shall be a minimum of 100 feet from any
property line.
(e) Veterinary Hospitals provided that:
1. Property shall be in conformance with minimum lot size requirements of this zoning
district.
2. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
3. Animal carcasses are properly disposed of in a manner not utilizing on -site garbage
facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal.
that:
4. An animal kennel is permitted as an accessory use to the veterinary hospital provided
(b) The number of animals boarded shall not exceed 40.
(c) An enclosed indoor or exterior exercise area shall be provided to accommodate
the periodic exercising of animals boarded at the kennel.
(d) A ventilation system shall be designed so that no odors or organisms will spread
between wards or to the outside air and will be capable of completely exchanging internal air at a
rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees
Fahrenheit.
(e) A room separate from the kennel area shall be provided of sufficient size to
5-3
Draft Urban Transition District
adequately separate animals that are sick or injured from healthy animals.
(f) Indoor animal kennel floors and walls shall be made of non -porous materials or
sealed concrete to make it non -porous.
(g) Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
(h) A commercial kennel license is obtained from the City.
The applicable provisions of Chapter 503 are determined to be satisfied.
6. All State Health Department and Minnesota Pollution Control Agency requirements
for such facilities are met.
(f) Day care facilities (exceeding 14 persons) provided that:
1. Screening is provided along shared property boundaries. Such required fencing and
screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
2. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
(g) Public, Educational and Religious Buildings provided that:
Side yard setbacks shall not be less than 50 feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of
this Ordinance and that such parking is adequately screened and landscaped from surrounding and
abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
(h) Home Occupation Level C as regulated by § 1007.048 of this Ordinance.
(i) Commercial Stables as regulated by § 1007.058 of this Ordinance.
(6) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
(a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of this
Ordinance.
5-4
Draft Urban Transition District
(b) Home Occupation Level B as regulated by § 1007.048 of this Ordinance.
(c) Essential Services as regulated by § 1007.064 of this Ordinance.
(d) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
(e) Transient Merchants.
(7) Interim Uses. Subject to applicable provisions of this Ordinance, the following are interim
uses in the UT District and governed by § 1007.017 of this Ordinance.
(a) Earth Moving and Land Reclamation as regulated by § 1007.051 of this Ordinance.
(b) Temporary Batch Plants.
5-5
Draft Business Campus District
INDUSTRIAL DISTRICTS
§ 1007.122 BC, BUSINESS CAMPUS DISTRICT.
(1) Purpose. The purpose of this section is to provide for multi -use buildings and the
establishment of business offices, wholesale showrooms, and related uses in an environment
which provides a high level of amenities, including landscaping, preservation of natural features,
architectural controls, pedestrian trails, and other features. No new land shall be zoned BC,
Business Campus unless the site or area lies within the City's MUSA, is guided for Business
Campus land use and sanitary sewer and municipal water is available.
(2) Lot and Yard Requirements.
(a) The following requirements shall be met;
Requirements
BC District
Minimum Lot Size
1 acre
Minimum Lot Width
100 feet
Minimum Setbacks
Principal
Structure
Accessory
Structure
Parking
Lot
From Street
Local Street
30 feet
N/A
15 feet
Collector or Arterial Street
50 feet
N/A
15 feet
Rear Yard
15 feet
10 feet
5 feet
Side Yard
10 feet
10 feet
5 feet
From property guided Residential in
the Comprehensive Plan
75 feet
Maximum Building Height
45 feet
Maximum Impervious Surface Coverage
75%
(3) Buffer. Where a side or rear lot line in a BC District abuts public road right-of-way or
property guided by the comprehensive plan for residential, commercial or a mix of these uses
development, a landscape buffer area shall be provided along such side or rear lot line and shall
contain landscaping, planting, berming or other effective screening in compliance with
§ 1007.043 (17)(f) of this ordinance.
(4) Building Requirements. All newly constructed buildings shall meet the following
exterior building standards of § 1007.043 (2)(d) of this ordinance.
(5) Permitted Uses. Subject to applicable provisions of this ordinance, the following are
permitted uses in the BC District.
(a) Banks, credit unions and other financial institutions
8-1
(b) Conference centers
(c) Copy/printing services (excluding printing presses and publishing facilities.
(d) Data Centers
(e) Governmental and public utility buildings and structures, including public works
type facilities, excluding outdoor storage.
(f) Manufacturing, compounding, assembly, packaging, warehousing (excluding
explosives and hazardous waste), or treatment of merchandise or commodities.
(g) Offices, administrative/commercial.
(h) Offices/clinics for medical, dental, or chiropractic services
(i) Radio and television stations.
0) Reception halls/event centers, with or without catering services.
(k) Sports and fitness clubs
(1) Research laboratories
(m) Trade or Business schools.
(n) Tutoring/learning centers.
(o) Wholesale businesses/showrooms.
(6) Accessory Uses. Subject to applicable provisions of this ordinance, the following are
accessory uses in the BC District:
(a) Accessory buildings and structures as regulated by § 1007.043 (4)(k) of this
ordinance.
(b) Accessory indoor retail, rental or service activities other than that allowed as a
permitted or conditional use within the Business Campus zoning district, provided such use is
related and accessory to a principal use allowed within the Business Campus zoning district.
(c) Entertainment, live; in association with a restaurant
(d) Fences as regulated by § 1007.043 (18) of this ordinance.
(e) Off-street loading as regulated by § 1007.045 of this ordinance.
(f) Off-street parking as regulated by § 1007.044 of this ordinance.
(g) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short -wave dispatching antennas, or those necessary for the operation of
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.054 of this ordinance.
(h) Signs as regulated by Chapter 1010 of the City Code.
(7) Conditional Uses. Subject to applicable provisions of this ordinance, the following are
conditional uses in the BC District. These uses require a conditional use permit based on criteria
and procedures outlined in § 1007.016 of this ordinance.
(a) Commercial and Public Radio and Television Transmitting Antennas, and Public
Utility Microwave Antennas greater than 45 feet in height and less than 200 feet in height as
regulated by § 1007.054 of this ordinance.
(b) Two (2) or more principal buildings on same lot provided such buildings relate to a
permitted or conditional use that is operated as a single business or enterprise.
(Ord No. 05-19, passed 04-08-2019)
(c) Dining restaurants not exceeding 15% of the gross floor area of the building in
which it is located, provided that no drive -through window service shall be included.
(d) Extended stay hotels provided that more than 50% of the rooms shall have cooking
facilities.
(e) Hotels provided that the facility provides restaurant and food service with optional
on -sale liquor.
(f) Retail commercial activities, personal services and food service (cafeteria,
delicatessen, coffee house) as an accessory use provided that:
1. Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the BC Zoning District.
2. The activity is located within a structure whose principal use is not commercial
sales.
3. All such activities are conducted in a clearly defined area of the principal
building reserved exclusively for such use. Said area must be physically segregated from other
principal activities in the building.
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4. The area devoted to such activity shall not occupy more than 15% of the gross
floor area of the building.
5. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. unless specifically
modified by the City Council.
6. No directly or indirectly illuminated sign or sign in excess of ten square feet
identifying the name of the business shall be visible from the outside of the building.
7. No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
(8) Uses by Administrative Permit. Subject to applicable provisions of this ordinance, the
following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
(a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of
this ordinance.
(b) Telecommunication towers as regulated by § 1007.054 of this ordinance.
(c) Temporary mobile towers as regulated by § 1007.054 of this ordinance.
(d) Essential Services as regulated by § 1007.064 of this ordinance.
(e) Open Air Markets.
(f) Transient Merchants.
(g) Accessory outdoor dining or seating facilities intended for consumption of food or
beverages purchased on site, provided that requirements of § 1007.055 are met.
(9) Interim Uses. Subject to applicable provisions of this ordinance, the following are
interim uses in the BC District and are governed by § 1007.017 of this ordinance:
(a) Dirt/Gravel Stockpile and Mining Operations as regulated by § 1007.051 of this
ordinance.
(b) Temporary Batch Plants.
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Draft High Density Residential and Commercial District
§ 1007.096 R-5, HIGH DENSITY RESIDENTIAL AND COMMERCIAL DISTRICT.
(1) Purpose. The purpose of this district is to provide a setting for multiple family housing
and commercial in areas that have good thoroughfare access. Land to be zoned R-5 shall be in the
Planned Residential/Commercial land use category according to the comprehensive plan. Land
shall be served with public sanitary sewer and water and development density shall be consistent
with the land use category.
(2) Lot and Yard Requirements.
(a) The following requirements shall be met;
Requirements
R-5 District
Residential
Commercial
Minimum Lot Size
Townhomes - 14,000 square feet
Multi -family - 20,000 square
feet
20,000 square feet
Minimum Lot Area per
Unit
3,500 square feet
Minimum Lot Width
100 feet
100 feet
Minimum Setbacks
Principal
Structure
Accessory
Structure
Parking
Lot
Principal
Structure
Accessory
Structure
Parking
Lot
From Street
Local Street
30 feet
N/A
15 feet
30 feet
N/A
15 feet
Collector or Arterial
Street
40 feet
N/A
15 feet
40 feet
N/A
15 feet
Rear Yard
30 feet
5 feet
5 feet
30 feet
5 feet
5 feet
Side Yard
20 feet
5 feet
5 feet
20 feet
10 feet
5 feet
Maximum Building Height
3 stories
3 stories
Maximum Impervious
Surface Coverage
65%
75%
1. Zero Lot Line. Side yard setback requirements shall not be applied to a common
wall of multi -family dwelling units.
2. From Low Density Residential District. Principal buildings shall be a
minimum of 35 feet from any land guided for low density residential.
(b) Buffer. Where a side or rear lot line abuts land guided for low density residential, a
collector street, or an arterial street a fifteen (15) foot wide buffer shall be provided in accordance
with § 1007.043 (17).
(3) Building Design Standards.
(a) Floor Area. The minimum livable floor area for each multiple family dwelling unit
Draft High Density Residential and Commercial District
shall be 700 square feet plus 100 additional square feet for each bedroom.
(b) Utility Area. Dwellings with dedicated individual access shall be required to provide
an additional 100 square feet of floor area to house utilities, unless a basement is present.
Dwellings with shared access shall be required to provide adequate floor area within the building
to house utilities.
(c) All dwellings shall provide parking in accordance with §1007.044 (11).
(d) All dwellings shall comply with the Design and Construction Standards in § 1007.043
(2).
(4) Permitted Uses. Subject to applicable provisions of this Ordinance, the following are
permitted uses in the R-5 district:
(a) Day care facilities serving 14 or fewer persons.
(b) Governmental and public regulated utility buildings and structures necessary for the
health, safety and general welfare of the City.
(c) Multiple family dwellings.
(d) Public parks.
(e) Residential care facility serving 16 or fewer persons, State Licensed.
(f) Townhouse dwelling.
(g) Two family dwellings.
(h) Community Gardens operated by the city.
(5) Accessory Uses. Subject to applicable provisions of this Ordinance, the following are
permitted accessory uses in the R-5 District:
(a) Accessory buildings including garages, tool houses, sheds and similar buildings for
storage of domestic supplies and equipment, as regulated by § 1007.043 (4) of this Ordinance.
(b) Fences per § 1007.043 (18) of this Ordinance.
(c) Home occupation Level A as regulated by § 1007.048 of this Ordinance.
(d) Parking and car ports for licensed and operable passenger cars and trucks.
(e) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of
Draft High Density Residential and Commercial District
electronic equipment including radio receivers, ham radio transmitters and television receivers as
regulated by § 1007.054 of this Ordinance.
(f) Parking of recreational vehicles and equipment per § 1007.044 (11) of this Ordinance.
(g) Signs as regulated by Chapter 1010 of the City Code.
(h) Swimming pools, sport courts, and other recreational facilities which are operated for
the use of the residents of the principal use and their guests as regulated by § 1007.043 (4). This
does not include racing/riding courses for off -road vehicles.
(6) Conditional Uses. The following are conditional uses in the R-5 District: These uses
require a conditional use permit based upon the criteria and procedures outlined in § 1007.016 of
this Ordinance.
(a) All permitted, conditional and administrative uses listed in § 1007.111.
(b) Clinics, hospitals and nursing homes provided that:
1. Side yards are double the minimum requirements established for this district and
are screened in compliance with § 1007.043 (17) of this Ordinance.
2. Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled and screened in compliance with § 1007.043 (17) of this Ordinance.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
4. All State Statutes and regulations governing such use are strictly adhered to and
all required operating permits are secured.
Adequate off-street parking is provided in compliance with § 1007.044 of this
Ordinance.
6. Adequate off-street loading space is provided in compliance with § 1007.045 this
Ordinance.
(c) Commercial outdoor recreational areas including golf courses, country clubs, driving
ranges, swimming pools, and similar facilities provided that:
The principal use, function or activity is open, outdoor in character.
2. Not more than 5% of the land area of the site be covered by buildings or structures.
3. When abutting a residential use and a residential use district, the property is
screened and landscaped in compliance with § 1007.043 (17) of this Ordinance.
Draft High Density Residential and Commercial District
4. The site shall be accessed via a collector street or arterial street.
(d) Day care facilities serving more than 14 persons provided that:
1. Such day care facility has access to municipal sewer and water or has adequate
private sewer and water to protect the health and safety of all persons who occupy the facility.
2. Screening is provided along shared property boundaries. Such required fencing
and screening shall comply with the applicable provisions of § 1007.043 (17) of this Ordinance.
3. All day care facility operations comply with the minimum requirements of the
Minnesota Department of Health and Human Services regulations, as may be amended.
(e) Funeral homes and mortuaries provided that:
1. The site and related parking and service entrances are served by an arterial or
collector street or sufficient capacity to accommodate the traffic which will be generated.
2. Adequate off-street parking is provided in compliance with § 1007.044 of this
Ordinance.
Adequate off-street loading is provided in compliance with § 1007.045 of this
Ordinance.
4. Vehicular entrances to parking or service areas shall create a minimum of conflict
with through traffic movement.
5. When abutting residential zoning districts, a buffer area with screening and
landscaping in compliance with § 1007.043 (17) of this Ordinance shall be provided.
(f) Public, educational and religious buildings provided that:
Side yard setbacks shall not be less than 50 feet.
2. Adequate screening from abutting residential uses and landscaping is provided in
compliance with § 1007.043 (17) of this Ordinance.
3. Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 1007.044
of this Ordinance and that such parking is adequately screened and landscaped from surrounding
and abutting residential uses in compliance with § 1007.043 (17) of this Ordinance.
(7) Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the
following uses are allowed in the R-5 District by administrative permit, as may be approved by
the Zoning Administrator:
Draft High Density Residential and Commercial District
(a) Personal wireless service antennas as secondary uses as regulated by § 1007.054 of
this Ordinance.
(b) Home Occupation Level B as regulated by § 1007.048 of this Ordinance.
(c) Essential Services as regulated by § 1007.064 of this Ordinance.
(d) Open Air Market accessory to an institutional use and limited in area to 25% of the
gross floor area of the principal building.
(e) Transient Merchants.
(8) Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R-5 District and governed by § 1007.017 of this Ordinance.
(a) Earth Moving and Land Reclamation as regulated by § 1007.051 of this Ordinance.
Agritourism Draft Ordinance
§ 1007.059 AGRITOURISM.
(1) The purpose of this section is to provide standards for agritourism, which consists of
uses of a commercial/tourism nature that are complementary and accessory to the primary
agricultural land use. It is also intended to promote and maintain local farming and encourage
new agriculturally based businesses that contribute to the general economic conditions of the
City and surrounding region.
(2) The purpose of this designation is to provide a clear understanding of the expectations
for agricultural commercial/tourism businesses for operators, local residents, other businesses,
and local officials.
(a) A property's size must be adequate to accommodate any agritourism use so as not
to create a nuisance or hazard. Issues affected by farm size include, but are not limited to,
setbacks for noise abatement, adequate off street space for a farm stand, and adequate parking for
all farm activities including, but not limited to, daily operation.
(b) Agritourism uses must meet all City zoning ordinances as well as all health,
building, street, safety and other applicable local, state and federal regulations and codes.
(c) Agricultural operations whose gross revenues are solely or primarily derived from
alcoholic products are not included under these provisions. Applicable state or local laws will
apply.
(d) Documentation that an agritourism use as defined in the City ordinance is
operating within these limits must be made available to the City upon request.
(3) The following agricultural commercial/tourism businesses may be permitted after a
conditional use review, pursuant to § 1007.016, of this chapter provided that the agricultural
heritage and rural character of the site are respected and maintained.
(a) Cider mills or wineries selling product, in a tasting room, if at least 50 percent of
the cider or wine offered for sale contains crops or produce grown on -site or in Minnesota.
(b) Seasonal outdoor mazes of agricultural origin such as straw bales or corn.
(c) The processing, storage, and retail or wholesale marketing of agricultural products
into a value-added agricultural products containing agricultural products grown on site or in
Minnesota.
(d) Community supported agriculture or CSA.
(e) Farm markets and or u-pick operations.
(f) Kitchen facilities, for the processing, cooking, and/or baking of goods featuring
agricultural products grown on site or in Minnesota.
Agritourism Draft Ordinance
(g) Gift shops and markets for the sale of agricultural products and agriculturally
related products. Gift shops for the sale of non -agriculturally related products, are limited to 25
percent of items offered for sale.
(h) Uses (a) through (g) listed above may include any or all of the following ancillary
agriculturally related uses and some non -agriculturally related uses so long as the general
agricultural character of the farm is maintained, and the non -agriculturally related uses comprise
less than 50 percent of the gross receipts from the farm.
1. Value-added agricultural products or activities such as educational tours of the
site or processing facilities, educational classes, lectures, seminars, etc.
2. Playgrounds or equipment typical of a school playground, such as slides, swings,
etc. (not including motorized vehicles or rides).
3. Petting farms, animal display, and pony rides.
4. Wagon, sleigh, and hayrides.
5. Nature trails.
6. Open air or covered picnic area with restrooms.
7. Historical agricultural exhibits.
(4) The site must comply with the following minimum standards:
(a) Minimum lot area of ten (10) acres.
(b) All uses permitted by this section shall be accessed on a collector street as
identified on the functional classification map with the condition that the increase in traffic shall
not create a nuisance, to nearby residents by way of traffic or noise or increase the public cost in
maintaining the street.
(c) A 50-foot open buffer shall be provided on all sides of the property not abutting a
public street unless it is adjacent to a natural feature such as a wetland, lake, river, or public land
subject to City review and approval.