HomeMy WebLinkAboutPZ Agenda Packet 03-25-13
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF WORKSHOP MEETING
The City of Lake Elmo
Planning Commission will conduct a Workshop on
Monday, March 25, 2013 at 6:30 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes - None
4. Business Items
a. REVIEW OF FUTURE ZONING CODE UPDATES. Staff will present their
recommendations to the Planning Commission regarding the future organization
of the Zoning Code, as well as highlight future Code updates that are of high
priority.
b. ZONING TEXT AMENDMENT - TREE PRESERVATION ORDINANCE. The
planning Commission is asked to discuss a zoning text amendment pertaining to
tree preservation in all development and building activities in Lake Elmo. The
Planning Commission reviewed a proposed ordinance at the meeting on 3/11/13
and requested that additional information and background research be provided.
c. ZONING TEXT AMENDMENT - PARKING REGULATIONS. The Planning
Commission is asked to discuss a zoning text amendment pertaining to off-street
parking. The proposed ordinance would set parking requirements for all use
classifications in the Lake Elmo Zoning Code and would be organized under
Article 5 – General Regulations.
d. ZONING TEXT AMENDMENT - VILLAGE MIXED USE ZONING
DISTRICT. The Planning Commission is asked to discuss a proposed Village
Mixed-Use Zoning District. This district will provide the base zoning regulations
for all of the parcels guided for mixed-use in the downtown area of the Village.
5. Updates
a. City Council Updates
i. Zoning Text Amendment – Rural Districts passed at the 3/19/13 City
Council meeting.
b. Staff Updates
i. Upcoming Meetings:
1. Planning Commission Meeting, 4/8/13
2. Training Webinar “21st Century Planning Commission”: 4/13/13
@9:00 am
c. Commission Concerns
6. Adjourn
Planning Commission
Date: 3/25/13
Item: 4a
Business Item
ITEM: Review of Future Zoning Code Updates
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
______________________________________
SUMMARY AND ACTION REQUESTED:
Staff will give a presentation highlighting the scope of upcoming ordinance updates.
Future code updates are intended to prepare the community for sewered growth in the I-
94 Corridor and Village. First, Staff will explain how the Zoning Code is being
reorganized to make the document more user-friendly and intuitive. Second, to proceed
through various updates to the Code in an efficient manner, Staff will recommend that the
updates be prioritized according to greatest need or deficiency.
ADDITIONAL INFORMATION:
Given the upcoming growth that is set to occur in the I-94 Corridor and Village, now is a
critical time to complete a “spring cleaning” of sorts of the Lake Elmo Zoning Code to
evaluate areas that are deficient or missing altogether. Not only are some areas of the
Zoning Code inadequate, but the organization of the Code could be improves as well.
This process of updating the Zoning Code began in August of 2012 with the adoption of
the new sewered residential and commercial zoning districts. In making major changes
to the Code, Staff felt it was an opportune time to start reorganizing the Zoning Code.
Regarding the overall organization of the Zoning Code, Staff is recommending the
structure found in attachment #1. This recommendation is based upon previous work
reviewing other zoning codes from communities in the Twin Cities Metro Area and
beyond. In addition, the Planning Director has been directly involved in two major
Zoning Code overhauls (Lake City and Red Wing). Staff feels that the proposed
structure is the best method of organizing the Zoning Code. In attachment #1, Staff has
coded the Articles according to whether or not an update has been completed, and the
priority of future updates. In addition to the overall structure or organization, attachment
#1 includes additional information pertaining to the organization within several Articles
that need to be updated. In most cases, the City does have some existing standards in
place that just need to be reorganized into the new structure. In other instances, standards
need to be improved or rewritten all together. As the City completes these updates to the
Zoning Code, Staff will have to audit the Code and conduct clean-up efforts to ensure
that all of the provisions are appropriately linked and consistent.
BUSINESS ITEM 4a
2
RECCOMENDATION:
No formal action is required. The Planning Commission is asked to provide Staff with
feedback regarding future ordinance updates and the organization of the Zoning Code.
ATTACHMENTS:
1. Zoning Code Update – Proposed Organization
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
BUSINESS ITEM 4b
Zoning Code Update – March 2013
Proposed Organization
Complete Low Priority: Existing standards in place Medium Priority: Some standards in place (Articles 5 & 6) High Priority: Limited or no standards in place
Section Range Article Title Start End 154.001 154.008 1 Introductory Provisions 154.009 154.012 2 Definitions 154.100 154.149 3 Administration and Enforcement 154.150 154.199 4 Non-Conforming Uses and Structures 154.200 154.249 5 General Regulations 154.250 154.299 6 Environmental Performance Standards 154.300 154.349 7 Specific Development Standards 154.350 154.399 8 Zoning Districts, Zoning Map, and Uses 154.400 154.449 9 Rural Districts 154.450 154.499 10 Residential Districts 154.500 154.549 11 Village Mixed-Use District 154.550 154.599 12 Commercial Districts 154.600 154.649 13 Public and Semi-Public Districts 154.650 154.699 14 OP District 154.700 154.749 15 OP-Alt District 154.800 154.849 16 Planned Unit Development
2
Organization within Specific Articles
Article 5 – General Regulations §154.200 Purpose §154.201 Applicability §154.202 Permits Required §154.203 Essential Services §154.204 Lot and Yard Controls §154.205 Fencing §154.206 Accessory Parking and Vehicle Storage, Residential Districts §154.207 Relocating Structures §154.208 Traffic Control §154.209 Access Drives §154.210 Off-Street Parking §154.211 Off-Street Loading §154.212 Sign Regulations
Article 6 – Environmental Performance Standards §154.250 Purpose §154.251 Site Suitability §154.252 Bluff Protection §154.253 Steep Slope Protection §154.254 Wetlands Preservation §154.255 Grading and Storm Water Management §154.256 Site Erosion and Sediment Control §154.257 Tree Preservation §154.258 Landscape Requirements §154.259 Outdoor Lighting §154.260 General Performance Standards §154.261 Sewage Treatment
Article 7 – Specific Development Standards §154.300 Purpose and Applicability §154.301 Standards for Residential and Related Uses §154.302 Standards for Public and Civic Uses §154.303 Standards for Services §154.304 Standards for Food Services §154.305 Standards for Automotive/Vehicular Uses §154.306 Standards for Outdoor Recreation Uses §154.307 Standards for Indoor Recreation/Amusement §154.308 Standards for Industrial and Extractive Uses §154.309 Standards for Transportation, Utility and Communications Uses §154.310 Standards for Accessory Uses
Planning Commission
Date: 3/25/13
Item: 4b
Business Item
ITEM: Zoning Text Amendment - Tree Preservation Ordinance
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
______________________________________
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to discuss a zoning text amendment pertaining
to the preservation of significant trees during development and major construction
activities. The Planning Commission reviewed a proposed Tree Preservation Ordinance
presented by Staff at the meeting on 3/11/13 and requested additional information. Staff
has reviewed multiple tree preservation ordinances from communities in the Twin Cities
Metropolitan Area. The ordinances researched by Staff shed light on best practices and
current standards employed in other communities. The Planning Commission is asked to
recommend that best policy direction for the formulation of a tree preservation ordinance
in preparation of future development and building activities in Lake Elmo.
ADDITIONAL INFORMATION:
At the Planning Commission meeting on 3/11/13, Staff presented a proposed Tree
Preservation Ordinance that would preserve a ratio of significant trees on all sites that
qualify as “tree protection zones”. In order to qualify as a tree protection zone, a site
must contain at least 40% woodland coverage (10 or more significant trees per acre).
When presented with the ordinance, the Planning Commission discussed and or requested
additional information around several topics, including:
• Financial security or guarantees
• Recommendations regarding preferred tree species
• Protections for specimen trees (hardwood trees larger than 30” in diameter)
• Clarification regarding tree removal within the building envelope
• Requirement of providing a tree inventory
Staff has updated the previously proposed Tree Preservation Ordinance to address some
of the questions and concerns of the Planning Commission. The updated ordinance can
be found in attachment #1.
In addition, the Planning Commission also requested to review other ordinances to learn
about methods that are utilized in other communities. As part of the agenda item, Staff
BUSINESS ITEM 4b
2
has provided two additional ordinances from Woodbury and Lake City, attachments #2
and #3 respectively. These two examples offer a good comparison of the range of
methods that are utilized.
The ordinance from Lake City represents a more simplified approach to tree preservation.
Less detailed in specifics, the Lake City ordinance requires applicants to restore the
density of trees that existed previous to development or construction activities, up to a
maximum replacement of 10 trees per acre. While there are some advantages to a more
simplistic ordinance, it is important to note that the Lake City ordinance does not provide
significant operational direction in terms of administering the ordinance.
Taking a different approach, the preservation ordinance from the City of Woodbury
utilizes diameter of significant trees on an entire site as a benchmark for the allowed
amount of tree removal, as well as the required amount of tree replacement. Per the
Woodbury ordinance, an applicant is allowed to remove up to 30% of diameter inches of
significant trees on the property without triggering tree replacement. Once tree
replacement is required, the Woodbury ordinance establishes a hierarchy of valued trees
by requiring the greatest amount of replacement for hardwood deciduous trees (1/2 the
diameter inches replaced), then coniferous trees (1/4 the diameter inches replaced), and
finally common or softwood trees (1/8 the diameter inches replaced). It is important to
note that replacement trees do count towards landscaping requirements in cases of
commercial or industrial properties, but not residential properties.
In addition to comparing these two ordinances to get a better flavor of the different
approaches out there, Staff has also provided a comparison chart detailing the standards
of the various tree preservation ordinances that Staff has researched. The comparison
chart can be found in attachment #4.
RECCOMENDATION:
No formal action is required. The Planning Commission is asked to provide Staff with
feedback regarding the best approach to tree preservation during development and
building activities.
ATTACHMENTS:
1. Draft Tree Preservation Ordinance (§154.257) – Updated
2. City of Woodbury Tree Preservation Ordinance
3. City of Lake City Tree Preservation Ordinance
4. Tree Preservation Ordinance Comparison Chart
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
BUSINESS ITEM 4b
ARTICLE 6. ENVIRONMENTAL PERFORMACE STANDARDS
§154.250 Purpose
§154.257 Tree Preservation
§154.250 Purpose
The purpose of this section is to provide regulations of general applicability for property throughout
the City that are intended to protect or enhance natural resources and processes, and minimize
conflicts among land uses.
§154.257 Tree Preservation
A. Purpose. Within the city of Lake Elmo, trees and woodlands are considered a valuable asset to
the community. The City places a priority on protecting this asset and finds that it is in the
best interest to regulate the development and alteration of wooded areas within the
community. All builders, developers and subdividers shall comply with all the provisions in the
Zoning Code which address the preservation of existing significant trees. All builders,
developers and subdividers are encouraged to preserve all healthy trees of significant value
even if the trees do not meet the size requirements to be considered significant trees.
B. Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Building Envelope. The physical separation between the interior and exterior of a building or
structure.
Common Tree. Includes Ash, Aspen, Basswood, Box Elder, Catalpa, Cottonwood, Elm,
Hackberry, Locust, Poplar, Silver Maple, Willow and any other tree not defined as a hardwood
deciduous tree or a coniferous/evergreen tree.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, is at least twelve (12) feet or
more in height, having foliage on the outermost portion of the branches year-round.
Tamaracks are included as a coniferous tree species.
Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius distance
of one (1) foot per one (1) inch of tree diameter. E.g. a twenty-inch diameter has a critical
root zone with a radius of twenty (20) feet.
Deciduous Hardwood Tree. Includes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and
Walnut.
Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4 ½ feet (54
inches) above the ground.
Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, or
twelve (12) inches in diameter for common trees, as defined herein.
Specimen Tree. A healthy hardwood deciduous tree measuring equal to or greater than thirty
(30) inches in diameter breast height.
Tree Preservation Plan. A plan prepared by a certified forester or landscape architect
indicating all of the significant trees in the proposed development or parcel. The Tree
Preservation Plan includes a tree inventory which includes the size, species and location of all
significant trees proposed to be saved and removed on the area of development, and the
measures proposed to protect the significant trees to be saved.
Woodland Coverage. A density of trees equal or greater to 10 significant trees per acre.
C. Applicability
DRAFT 3/25/13 6-1 Environmental Performance Standards
1. This section applies to any application for development or subdivision approval except as
otherwise provided in this section. This section applies to all developers and/or owners of
real property involved with the erection, repair, alteration or removal of any building or
structure as well as grading in anticipation of development.
2. This section does not apply to the harvesting of trees. For purposes of this section,
“harvesting” means cutting or clearing trees for purposes relating to forestry operations, as
defined in §154.012. “Harvesting” does not include the clearing of land for the purposes of
development, even where the trees are sold for purposes of creating lumber for related
purposes.
3. This section does not apply to the issuance of a development approval for a single-family
residence on an existing platted lot of record.
D. Tree Protection Zone
1. For the purposes of this section, a “tree protection zone” is established for any lot or
parcel that has a woodland coverage of at least forty (40) percent. The tree preservation
zone includes all woodland areas within the required setbacks and outside the designated
building envelopes. The percentage of significant trees that must be preserved within the
tree protection zone is established in Table 6-1.
Table 6-1: Preservation Ratios
Area or Category Preservation Ratio of Significant Trees
(Percent of Tree Protection Zone)
All areas within a riparian buffer. 75%
Lots within any commercial, industrial or
mixed-use zoning district.
20%
Lots within any urban residential districts, or
within a planned development.
35%
2. For the purposes of determining the preservation ratio for a parcel of land, the more
restrictive area or category always applies.
E. Significant Trees
For the purposes of this section, a “significant tree” means any hardwood deciduous tree that
is equal to or larger than 6-inch diameter breast height (DBH), any coniferous/evergreen tree
that is equal to or larger than 8-inch diameter breast height and any common tree that is equal
to or larger than 12-inch diameter breast height.
F. Tree Preservation Plan. All applicants shall submit a tree preservation plan prepared by a
certified forester or landscape architect in accordance with the provisions of this section.
During the review of an application for a building permit, grading permit or Preliminary Plat,
the tree preservation plan will be reviewed according to the best layout to preserve significant
trees and the efforts of the subdivider to mitigate damage to significant trees.
G. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a separate plan
sheet(s) that includes the following information:
1. The name(s), telephone number(s) and address(es) of the person(s) responsible for tree
preservation during the course of the development project.
2. A tree inventory, including the size, species, general health and location of all existing
significant trees located within the area to be developed or within the parcel of record.
All significant trees must be tagged in the field for reference on the Tree Preservation
DRAFT 3/25/13 6-2 Environmental Performance Standards
Plan. These significant trees should be identified on the plan sheet in both graphic and
tabular form.
3. Trees that were planted as part of a commercial business such as a tree farm or nursery do
not need to be inventoried on an individual tree basis. A general description of the trees
and an outer boundary of the planted area must be provided. The burden of proof shall be
on the applicant to provide evidence to support the finding that the trees were planted as
part of a commercial business.
4. A listing of healthy significant trees inventoried in subsection (2) above. Dead, diseased or
dying trees do not need to be included in the totals.
5. A listing of the healthy significant trees removed, identified by the tree tag or some other
form of identification used in the tree inventory in subsection (2) above.
6. A listing of the healthy significant trees to remain, identified by the tree tag or some other
form of identification consisted with the tree inventory in subsection (2) above.
7. Outer boundary of all contiguous wooded areas, with a general description of trees not
meeting the significant tree size threshold.
8. Locations of the proposed buildings, structures, or impervious surfaces.
9. Delineation of all areas to be graded and limits of land disturbance.
10. Identification of all significant trees proposed to be removed within the construction area.
These significant trees should be identified in both graphic and tabular form.
11. Measures to protect significant trees.
12. Size, species, number and location of all replacement trees proposed to be planted on the
property in accordance with the Mitigation Plan, if necessary.
13. Signature of the person(s) preparing the plan.
H. Implementation. All sites shall be staked, as depicted in the approved Tree Preservation Plan,
and the required tree protection fencing shall be installed before land disturbance is to
commence. The City shall inspect the construction site prior to the beginning of the land
disturbance to ensure that protective fencing and other protective measures are in place. No
encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry
shall occur within the fenced areas protecting the critical root zone of the trees to be saved.
I. Irreparable Damage. Where the City determines that irreparable damage has occurred to a
healthy significant tree that is designated to be preserved as part of the Tree Preservation
Plan, the tree shall be removed and replaced, and protective fencing shall be provided.
J. Allowable tree removal. Significant trees on any parcel of land being developed may be
removed without replacement as long as the Preservation Ratio of Significant Trees (Table 6-1)
is maintained per the applicable area or category. Replacement according an approved
Mitigation Plan is required when the removal of significant trees exceeds the Preservation Ratio
found in Table 6-1.
K. Mitigation Plan. In the event that the removal of significant trees exceeds the amount required
to maintain the Preservation Ratio (Table 6-1), the applicant is required to prepare a Mitigation
Plan.
1. Any application where the allowable tree removal is exceeded, the applicant shall mitigate
the tree loss by either:
a. Planting replacement trees is appropriate areas within the development to meet the
applicable Preservation Ratio;
b. Planting an equivalent number of replacement trees on City property under the
direction of the Public Works Superintendent; or
DRAFT 3/25/13 6-3 Environmental Performance Standards
c. Some combination of above subsections (a) and (b) to total the equivalent number of
required amount of replacement trees to meet the Mitigation Plan.
2. The form of mitigation to be provided by the applicant shall be determined by the City.
3. Species requirement. The City must approve all species used for tree replacement.
Ornamental trees are not acceptable for use as replacement trees. Where ten or more
replacement trees are required, not more than thirty (30) percent of the replacement
trees shall be of the same species of tree.
4. Warranty requirement. Any replacement tree which is not alive or healthy, as determined
by the City, or which subsequently dies due to construction activity within two (2) years
after the date of project closure shall be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within eight (8) months of
removal.
5. The planting of trees for mitigation on residential projects shall be in addition to any other
landscape requirements of the City.
6. All trees, except ornamental trees, planted as landscaping on commercial projects may be
counted towards tree replacement requirements.
L. Specimen Trees. The removal of any specimen trees shall require a special permit and be
subject to a replacement schedule for the purpose of mitigating great tree loss.
M. Financial Security. In cases where mitigation or tree replacement is required, the City may
require that a financial security, in a form acceptable to the City, be provided as part of a
development agreement or applicable permit to ensure compliance and performance of the
Mitigation Plan. The financial security will be released to the applicant upon verification by
the City that the Mitigation Plan was followed, and that all replacement trees are planted and
in a reasonable state of health. The financial security may be used to replace any replacement
trees that have become damaged or diseased after planting.
N. Exceptions
1. Exception Standards. Notwithstanding the City’s desire to accomplish tree preservation and
protection goals, there may be instances where these goals are in conflict with other City
objectives. These conflicts will most likely occur on small, heavily-wooded parcels. At the
discretion of the City Council, exceptions may be granted if all of the following conditions
exist:
a. The subject parcel is three (3) acres in size or less;
b. It is not feasible to combine the subject parcel with adjacent parcels that could use
the parcel as required green space;
c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable
development that is consistent with the Comprehensive Plan and desirable to the City
on the parcel; and
d. The exception requested is the minimum needed to accomplish the desired
development.
2. Reduced Mitigation for Exceptions. If an exception is granted, relief from the requirements
of the ordinance may take the form of reduced mitigation requirements, greater allowable
tree removal, higher thresholds for determining significant trees, or any combination of the
above. The City Council will determine which form of relief best balances the objectives of
the City and tree preservation.
DRAFT 3/25/13 6-4 Environmental Performance Standards
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…1/8
(a)
(b)
(c)
(d)
W oodbury, Minne sota , Code of Ordina nce s >> - CITY CODE >> Cha pte r 27 - ENVIRONMENTAL
MANAGEMENT >> DIVI SION 4. - PROTECTION OF W OODLANDS >>
DIVISION 4. - PRO T ECT ION OF WOODLANDS
Sec. 27-38. - Purpos e .
Sec. 27-39. - Definiti ons .
Sec. 27-40. - Tree prote ction s tandards for developing p roperties .
Sec. 27-41. - Tree prote ction s tandards for nondevelop i ng properties .
Sec. 27-42. - Exception s .
Secs . 27-43—27-51 . - Res erved.
Sec. 27-38. - Purpose.
T he pur pose of this division is to identify trees that are to be saved when development or land
disturbing activity is occurring in wooded areas. It is the city's intent to pr otect, preserve, and
enhance the natur al environment of Woodbury and to encour age a resourceful and prudent
approach to the development of wooded areas. In the interest of achieving these objectives, the city
has established tree preservation regulations to promote the following:
Pr otection and pr eservation of the environment and natural beauty of the city.
Assurance of or der ly development within wooded areas to minimize tree and habitat
loss.
Evaluation of the impacts to trees and wooded areas resulting from development.
Establishment of minimum standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal.
(Ord. No. 1839, § 1 839.01, 3-9-20 11)
Sec. 27-39. - Definitions.
Unless specifically defined below, words or phrases used in this division shall be interpreted so
as to give them the same meaning as they have in common usage and to give this chapter its most
reasonable application. For the purpose of this division, the words "must" and "shall" are mandatory
and not permissive.
City is the City of Woodbury.
Common tree includes Ash, Aspen, Basswood, Box Elder, Catalpa, Cottonwood, Elm,
Hackberry, Locust, Poplar, Silver Maple, Willow, and any other tree species not defined as a
har dwood deciduous tree or a coniferous/ever green tree.
Coniferous/Evergreen tr ee is a wood plant, which, at maturity, is at least twelve (12) feet or
mor e in height, having foliage on the outermost portion of the branches year-round. Tamaracks are
included as a coniferous tree species.
Construction activity is any disturbance to the land that results in a change in the topography,
existing soil cover (both vegetative and nonvegetative), or the existing soil topography that may result
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…2/8
(1)
(2)
(3)
in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface
waters or drainage systems. Examples of constr uction activity may include clearing, grading, filling,
excavating, building construction and landscaping.
Construction damage is any action such as filling, scraping, trenching, or compacting the soil
around trees or wounding trees in such a manner that it may r esult in the eventual death of the tree.
Critical root zone is an imaginary circle surrounding the tree trunk with a radius distance of one
(1) foot per one (1) inch of tree diameter. e.g. a twenty-inch diameter tree has a critical root zone with
a radius of twenty (20) feet.
Deciduous tr ee is a woody plant which, at maturity, is at least fifteen (15) feet or more in
height, having a defined crown, and which sheds leaves annually.
Density is the number of dwelling units per net acre of land.
Diameter means the diameter of the main stem of the tr ee at a point four and one-half (4.5)
feet above the ground.
Drip line is the farthest distance away from the trunk of a tree that r ain or dew will fall directly to
the ground from the leaves or the branches of the tree.
Hardwood deciduous tree includes Birch, Black Cherry, Hickory, Ironwood, Hard Maples, Oak,
and Walnut. These species are subject to the replacement r equirements of section 27-40, and
section 27-41.
Landscaping means plantings such as trees, grass and shrubs.
Lot is a par cel of land. Where a lot is adjacent to a street or road with a curb and gutter the lot
shall include the right-of-way between the property and the curb.
Nuisance tree is:
Any living or standing tree or part thereof infected to any degree with a shade tree
disease or shade tree pest.
Any logs, stumps, branches, firewood, or other part of dead or dying tree(s) infected
with a shade tree disease or shade tree pest unless properly treated under the direction
of the city forester-tree inspector.
Any standing dead trees or limbs which may threaten human health or property.
Shade tree disease is Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt
(Ceratocystis fagacearum), or any other tree disease of epidemic nature.
Shade tree pest is Emerald Ash Borer (Agrilus plannipenis), European elm bark beetle
(Scolytus multistr iatus), Native elm bark beetle (Hylurgopinus rufipes) or any other shade tree pest
with potential to cause widespread damage.
Significant tree is a healthy tree measuring a minimum of six (6) inches in diameter for
har dwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, or twelve (12)
inches in diameter for common trees, as defined herein.
Specimen tree is a healthy hardwood deciduous tree measuring equal to or greater than thirty
(30) inches in diameter.
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…3/8
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
T ree preservation plan is a plan prepar ed by a cer tified forester or landscape architect which
clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve
them. T he plan will also include calculations to determine the number of replacement trees required.
(Ord. No. 1839, § 1 839.01, 3-9-20 11)
Sec. 27-40. - Tree protection standards for developing properties.
T ree preservation plan. A tree preser vation plan shall be submitted to and appr oved by the
city, and implemented in accordance therewith in connection with any of the following:
New development in any zoning district.
New building construction in any zoning distr ict.
Expansion of any existing commer cial, industrial or institutional building or impervious
sur face by ten per cent or greater, where an approved tree pr eservation plan is not on
file with the city.
Any project for which a city land disturbance per mit is required.
Removal of any healthy specimen tree on any parcel.
Removal of more than thirty (30) percent of the diameter inches of the significant trees
on any parcel.
T he tree pr eservation plan shall reflect the developer 's best effor t to determine the most
feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical
features, so that that the fewest significant tr ees are destroyed or damaged.
T ree preservation plan requirements. All applicants shall submit a tr ee preservation plan
prepared in accordance with the provisions of this subdivision. T he tr ee preservation plan shall
be a separ ate plan sheet(s) that includes the following information:
T he name(s), telephone number (s), and address(es) of the person(s) responsible for
tree preservation during the course of the development project.
A tree inventory, indicating the size, species, general health, and location of all existing
significant trees located within the area to be developed or within the par cel of record.
All significant trees must be tagged in the field for reference on the tree pr eservation
plan. T hese significant trees should be identified on the plan sheet in both gr aphic and
tabular form.
T r ees that were planted as part of a commercial business such as a tree farm or
nursery do not need to be inventoried on an individual tree basis. A gener al description
of the trees and an outer boundary of the planted area must be provided. T he burden
of pr oof shall be on the applicant to provide evidence to support the finding that the
trees were planted as part of a commercial business.
A listing of the total diameter inches of healthy significant tr ees inventoried in subsection
(2) above. Dead, diseased, or dying trees do not need to be included in the totals.
A listing of the total diameter inches of healthy significant tr ees removed, total diameter
inches of healthy hardwood deciduous trees r emoved, total diameter inches of healthy
coniferous/evergreen trees removed, and total diameter inches of common tr ees
removed.
Outer boundary of all contiguous wooded areas, with a gener al description of trees not
meeting the significant tree size threshold.
Locations of the pr oposed buildings, structur es, or impervious surfaces.
Delineation of all areas to be gr aded and limits of land distur bance.
Identification of all significant trees proposed to be removed within the construction
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…4/8
(10)
(11)
(12)
(c)
(d)
(e)
(1)
(2)
(3)
(4)
(f)
(1)
a.
b.
c.
(2)
(3)
(4)
area. These significant trees should be identified in both graphic and tabular form.
Measures to protect significant trees.
Size, species, number and location of all replacement trees pr oposed to be planted on
the property in accordance with the tree replacement schedule.
Signature of the person(s) preparing the plan.
Submission requirements. T he tree preservation plan shall be submitted with any pr eliminary
subdivision plan or site plan as required by the subdivision regulations of this Code;
incorporated as a part of any landscape plan as required by the zoning regulations of this
Code; or incorporated as part of a land disturbance plan and an application for any land
disturbance permit as r equired by this Code. All tree preservation plans must be certified by a
forester or landscape architect retained by the applicant.
Implementation. All sites shall be staked, as depicted in the approved tree preservation plan,
and the required tree pr otection fencing shall be installed before land disturbance is to
commence. The city shall inspect the construction site prior to the beginning of the land
disturbance to ensure that protective fencing and other protective measures are in place. No
encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry
shall occur within the fenced areas protecting the critical root zone of the trees to be saved.
Allowable tree removal. Up to thirty (30) percent of the diameter inches of significant trees on
any parcel of land being developed may be removed without replacement requirements.
Replacement according to the tree replacement schedule is required when removal exceeds
more than thirty (30) per cent of the total significant tr ee diameter inches.
T he following types of trees do not need to be included as part of the tally of tree removals:
Dead, diseased, or dying trees;
T r ees that are tr ansplanted fr om the site to another appropriate area within the city;
T r ees that were planted as part of a commercial business such as a tree farm or
nursery; or
T r ees that were planted by the current property owner. In making such deter mination,
the city shall consider consistency of the age of the trees, any patterns in the location of
the trees, historical aerial photography, and evidence of intentional planting such as
invoices, formal planting plans, or cost sharing agreements.
Mitigation.
In any development where the allowable tree removal is exceeded, the applicant shall
mitigate the tree loss by either:
Planting replacement trees in appropriate areas within the development in
accordance with the tree replacement schedule;
Planting replacement trees on city proper ty under the direction of the parks and
recreation director or a designee; or
Paying to the city a cash mitigation, based on the diameter inches of r equired
replacement in accordance with the tr ee replacement schedule. T he fee per
diameter inch of required replacement is set forth in the city's fee schedule. T he
payment shall be deposited into an account designated specifically for tree
planting.
T he form of mitigation to be provided by the applicant shall be determined by the city.
T he planting of trees for mitigation on residential projects shall be in addition to any
other landscape requirements of the city.
All trees, except ornamental trees, planted as landscaping on commercial pr ojects may
be counted towar ds tree replacement requirements.
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…5/8
(g)
(1)
(2)
(3)
(4)
(5)
(h)
(1)
(2)
(3)
(i)
(j)
(k)
(1)
(2)
T ree replacement calculations. Thirty (30) percent of the total diameter inches of significant
trees on the site may be removed without replacement. The allowable thirty (30) percent
removal is fir st credited to the common trees removed, then the conifers, and lastly the
hardwood species.
T he following calculation procedure must be used to deter mine tree replacement requirements:
T ally the total number of diameter inches of significant trees on the site.
Calculate thirty (30) percent of the total diameter inches of significant trees on the site.
T his is the allowable tree removal limit, or the number of inches that can be r emoved
without replacement.
T ally the total diameter inches of common tr ees that will be removed, and subtract this
number from the allowable tree r emoval limit.
If there are any allowable inches left, tally the total diameter inches of
coniferous/evergreen tree species that will be removed, and subtract this number from
the r emaining allowable inches.
If there are any allowable inches left, tally the total diameter inches of har dwood
deciduous tree species that will be removed, and subtract this number fr om the
remaining allowable inches.
If at any point in the above calculation procedure the number of inches to be removed exceeds the
thirty (30) percent allowable r emoval limit, the r emaining inches of removal above the allowable limit
must be replaced according to the tree replacement schedule in subsection (h).
T ree replacement schedule. T ree removals over the allowable tree removal limit on the parcel
shall be replaced according to the following schedule:
Common tree species shall be replaced with new trees, at a rate of one-eighth (⅛) the
diameter inches r emoved. Replacement trees must be a minimum of one (1) inch in
diameter.
Coniferous/evergreen species shall be replaced with new trees, either coniferous or
deciduous, at a r ate of one-fourth (¼) the diameter inches removed. Replacement trees
must be a minimum of one (1) inch in diameter. Since coniferous species are often sold
by height rather than diameter inch, the following conversion formula can be used:
Height of replacement coniferous tree/2 = Diameter inches of credit.
Hardwood deciduous tree species shall be r eplaced with new hardwood deciduous trees
at a rate of one-half (½) the diameter inches removed. Replacement trees must be a
minimum of one (1) inch in diameter.
Species r equirement. The city must appr ove all species used for tree replacement. Ornamental
trees are not acceptable for use as replacement trees. Where ten or more replacement trees
are requir ed, not more than thirty (30) percent of the replacement trees shall be of the same
species of tr ee.
W arranty r equirement. Any replacement tree which is not alive or healthy, as deter mined by
the city, or which subsequently dies due to construction activity within two (2) year s after the
date of project closure shall be removed by the applicant and replaced with a new healthy tree
meeting the same minimum size requir ements within eight (8) months of removal.
Required protective measures. The tree preservation plan shall identify and requir e the
following measures to be utilized to protect significant tr ees:
Installation of snow fencing or polyethylene laminate safety netting placed at the drip
line or at the perimeter of the critical root zone, whichever is greater, of significant trees,
specimen trees, and significant woodlands to be preserved. No grade change,
construction activity, or storage of materials shall occur within this fenced area.
Identification of any oak trees requiring pruning between April 15 and July 1. Any oak
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…6/8
(3)
(4)
(l)
(1)
(2)
(3)
(4)
(m)
(1)
(2)
(n)
(1)
(2)
(o)
trees so pruned shall be required to have any cut areas sealed with an appropriate
nontoxic tree wound sealant.
Pr evention of change in soil chemistry due to concrete washout and leakage or spillage
of toxic materials, such as fuels or paints.
Removal of any nuisance trees located in areas to be preserved.
Additional protective measures. The following tree protection measures are suggested to
protect significant trees that are intended to be preserved according to the submitted tree
preservation plan, and may be required by the city:
Installation of retaining walls or tree wells to preserve trees.
Placement of utilities in common trenches outside of the dr ip line of significant trees, or
use of tunneled installation.
Use of tree root aeration, fertilization, and/or ir rigation systems.
T herapeutic pruning.
Incentives. As an incentive to protect contiguous wooded areas that include a large proportion
of significant trees, the city will allow the following:
Density transfer . Contiguous wooded areas shall be platted as outlots and dedicated at
no cost to the city. T hese areas can be utilized for a density tr ansfer or for a reduction
in gross development area subject to area charges. Some or all of the density
associated with the dedicated area may be transferred for use elsewhere in the project
area at the sole discretion of the city consistent with an approved planned unit
development in accordance with chapter 24, article IV. If allowed density for the outlot
area is transferred elsewhere within the development, the outlot area will remain as part
of the gross developable area for the purpose of calculating ar ea charges, park
dedication and other development fees. If the density transfer is not used, dedicated
outlot areas will be subtracted fr om the gross development ar ea for the pur pose of
calculating area charges, park dedication, and other development fees. Density
calculations will be documented with a recor ded document for future reference.
Unit bonus. Projects that provide for dedication of contiguous wooded areas to the city
over and above nor mal park dedication requirements may be eligible for a density
bonus in accordance with the city's adopted density bonus policy.
Compliance with the plan. The applicant shall implement the tree preservation plan prior to and
during any construction. The tree protection measures shall remain in place until all land
disturbance and constr uction activity is terminated or until a request to remove the tree
protection measures is made to, and approved by, the city.
No significant tr ees shall be removed until a tr ee preservation plan is approved and
except in accordance with the approved tree pr eservation plan as approved by the city.
If a significant tree(s) intended to be preserved is removed or damaged to the point that
city staff believes the tree will not survive, a cash mitigation, calculated per diameter
inch of the removed/damaged tr ee in the amount set forth in the city fee schedule, shall
be remitted to the city.
T he city shall have the right to inspect the development and/or building site in order to
determine compliance with the approved tree preservation plan. The city shall determine
whether compliance with the tree preservation plan has been met.
Specimen trees. Removal of any specimen tree shall require a special permit in addition to the
other requir ements in section 27-40
(Ord. No. 1839, § 1 839.01, 3-9-20 11)
Sec. 27-41. - Tree protection standards for nondeveloping properties.
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…7/8
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(i)
(ii)
(2)
(3)
(4)
(5)
(c)
(1)
(2)
(d)
(1)
Undeveloped parcels.
T here are no restrictions or per mit requirements for removal of dead, diseased, or dying
trees.
Landowners not developing their property may r emove up to thirty (30) percent of the
trees on their property, based on wooded ar ea as of the date of approval of this
chapter, provided fourteen (14) days prior notice is given to the city.
If mor e than thirty (30) percent of the trees on the property are to be removed for forest
management purposes, the landowner must notify the city fourteen (14) days before the
removals are to take place and supply the city with an appr oved forest management
plan developed and approved by the department of natural resources' regional forester.
If a forest management plan is not prepared, a permit for the removals must be obtained
from the city. The permit application must include a tree inventory, certified by a forester
or landscape architect, which includes the size, species, and location of all existing
significant trees located on the pr operty.
Upon receipt of a completed tree removal permit application, and compliance with this
division the city will issue a per mit within four teen (14) days to allow removal of the trees.
If, within a ten-year time period of receiving a tree removal permit the property is
developed, the developer will be responsible for replacing the trees that wer e previously
removed in accor dance with section 27-40(g), tree replacement calculations, and
section 27-40(h), tr ee replacement schedule.
Unauthor ized tree removal on undeveloped parcels.
T he city may record a notice of tree replacement requirement against non developing
property if any of the following situations occur:
A landowner removes more than thirty (30) percent of the trees on their property
(on an ar eal basis) without supplying the city with an approved forest
management plan developed and approved by the department of natural
resources' regional forester ; or
A landowner removes more than thirty (30) percent of the trees on their property
(on an ar eal basis) without supplying the city with a tree inventory before the
removals take place.
T he calculation for potential future tree replacement requirement will be made based on
the area of trees removed. Baseline tree cover will be calculated from the April 10, 2009
aerial photos provided by Washington County.
T r ee replacement for trees removed as outlined in subsection (b)(1) above will be
calculated by applying a formula of two (2) inches of replacement for ever y one hundred
(100) square feet of trees removed.
If, within ten (10) years of the date of the removals the property is developed, a fee
equivalent to the tr ee replacement fee in effect at the time of development will be
required to be paid to the city, or the appropr iate amount of tree replacement must be
planted as part of the development plan.
If mor e than ten (10) years have passed from the date of the removals, no fee or tree
replacement will be required.
Platted r esidential lots.
Owners of platted residential lots may remove up to one hundred (100) per cent of the
trees on the lot without replacement, with the exception of specimen trees.
Before a specimen tree is removed, an owner must obtain a permit from the city.
Existing developed commercial properties.
3/5/13 Municode
libr ar y.municode.com/print.aspx?h=&clientID=14365&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fshowDocument.aspx%3fclientID%3d14365&jobId…8/8
(2)
(a)
(1)
(2)
(3)
(4)
(b)
T r ees that are removed that were part of an approved landscaping plan must be
replaced in accor dance with the original landscaping plan, unless city appr oval is
obtained for an alternative landscaping scheme.
T r ees that are removed that were part of a designated tree pr eservation ar ea must be
replaced in accor dance with the tr ee replacement requirements outlined in section 27-
40(h). The thirty (30) percent allowable tree r emoval limit does not apply in these
situations.
(Ord. No. 1839, § 1 839.01, 3-9-20 11)
Sec. 27-42. - Exceptions.
Exception standards. Notwithstanding the city's desir e to accomplish the tree protection goals
outlined in section 27-38, there may be instances wher e these goals are in conflict with other
city objectives. These conflicts are most likely to occur on small, heavily wooded parcels. At the
discretion of the city council, exceptions may be granted if all of the following conditions exist:
T he subject parcel is five (5) acres in size or less;
It is not feasible to combine the subject parcel with adjacent parcels that could use the
parcel as required green space;
Strict adherence to the requirements of the tr ee ordinance would prevent r easonable
development that is consistent with the comprehensive plan and desirable to the city on
the parcel; and
T he exception requested is the minimum needed to accomplish the desired
development.
Reduced mitigation for exceptions. If an exception is granted, relief from the requirements of
the ordinance may take the form of reduced mitigation requirements, greater allowable tree
removal, higher thresholds for determining significant tr ees, or any combination of the above.
T he city council will deter mine which form of relief best balances the objectives of the city and
tree preservation.
(Ord. No. 1839, § 1 839.01, 3-9-20 11)
Secs. 27-43—27-51. - Reserved.
Lake City, MN
§ 155.081 Tree and Woodland Preservation
Natural vegetation, including ground cover and trees, shall be preserved and maintained to the
greatest extent possible in order to control erosion and runoff, moderate extremes of temperature,
preserve habitat, and enhance the quality of the physical environment. The following restrictions
shall apply to all development:
A. Structures and other amenities shall be located in such a manner that the optimum
number of trees shall be preserved.
B. Prior to the granting of a any permit required under Article 3 of this Chapter, it shall be
the duty of the person seeking the permit to demonstrate that there are no feasible or
prudent alternatives to the cutting of trees. If trees are cut, he or she will restore the
density of trees to that which existed before development, but shall not be required to
raise the density above ten trees per acre.
C. Forestation, reforestation or landscaping shall utilize a variety of tree species consistent
with the City of Lake City Community Forestry Plan, and shall not utilize any species
presently under insect or disease epidemic. Species planted shall be hardy under local
conditions and compatible with the local landscape.
D. The root zone of existing trees shall be preserved and protected by fencing prior to any
development, including grading, contouring or other development activities, so that the
trees are not adversely affected by the work.
E. Notwithstanding the above, the removal of trees seriously damaged by storms or other
natural causes, or diseased trees shall not be prohibited.
F. Timing of tree trimming shall be such as to minimize tree loss.
January 2007 6-1 Environmental Performance Standards
Notes:
a: Residential: 65%, Commercial: 80% f: See Exhibit D
b: See Exhibit A g: Tree removal permit required, but no replacement necessary
c: See Exhibit B h: See Exhibit E
d: Greater replacement required for specimen trees i: See Exhibit F
e: See Exhibit C j: Does not separate hardwood and softwood deciduous trees
Tree Preservation Ordinance Comparison Chart
Ordinance
Allowed removal before
replacement/mitigation
Tree
preservation
required for
single family
home?
Tree
Inventory
required?
Tree
Classification
Tree Replacement
Schedule/Formula
Tree
replacement
fulfills
landscaping
requirements?
Special
protections
for Specimen
Trees?
Proposed Ordinance
(3-25-13) Depends on Land Usea No Yes Standard
Maintain Preservation
Ratio
Residential: No
Commercial: Yes Yes
City of Woodbury 30% No Yes Standard
Diameter Inches Replaced
Common: 1/8 replaced
Coniferous: 1/4 replaced
Deciduous: 1/2 replaced
Residential: No
Commercial: Yes Yes
City of Cottage
Grove Depends on Land Useb Yes
Yes or Tree
Inventory
Sampling Standard
See Cottage Grove
Schedulec No Nod
City of Eagan Depends on Land Usee Yes Yes Standard See Eagan Schedulef No Nod
City of St. Louis Park 0% Nog Yes Standard
See St. Louis Park
Scheduleh No
City of Lake City 0% No No None
Maintain existing density
of trees up to 10
trees/acre No No
City of Medina Depends on Lot Sizei Yes Yes
Deciduous
and
Coniferousj
1:1 caliper inch
replacement No No
Exhibit A: Cottage Grove Allowed Tree Removal
Exhibit B: Cottage Grove Tree Replacement Schedule
Exhibit C: City of Eagan Allowed Tree Removal
Exhibit D: City of Eagan Tree Replacement Schedule
Exhibit E: City of St. Louis Park Tree Replacement Schedule
Exhibit F: City of Medina Allowed Tree Removal
Planning Commission
Date: 3/25/13
Item: 4c
Business Item
ITEM: Zoning Text Amendment – Off-Street Parking Regulations
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
______________________________________
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to discuss a zoning text amendment pertaining
to off-street parking regulations for various uses that are included in the City’s sewered
zoning districts. This effort is another step in preparing the Lake Elmo Zoning Code for
future sewered growth in the I-94 Corridor and Village. The text amendment before the
Planning Commission is intended to clearly establish requirements for parking based
upon different use classifications that the City anticipates will be included in the future
sewered zoning districts.
ADDITIONAL INFORMATION:
In terms of how parking is currently addressed, the Zoning Code provides dimensional
standards and other requirements related to off-street parking in §154.095. However, the
standards in this section of the Code do not include any provisions related to the number
of parking stalls per the associated use classification. To address the number of parking
stalls required depending on the use classification, the current Code lists parking
requirements for a limited amount of use classifications in three specific zoning districts:
General Business (§154.051), Convenience Business (§154.052) and Highway Business
(§154.053). Given the newly adopted sewered residential and commercial zoning
districts, it is important to note that the City does not currently have parking requirements
for many of the use classifications that would be allowed in these districts. Moving
forward, Staff would like to establish parking requirements based upon use classifications
as opposed to specific zoning districts. The only exception to this rule or approach would
be the Village Mixed-Use District, where parking requirements may be waived,
recognizing the availability of on-street and shared parking facilities.
The proposed ordinance pertaining to off-street parking will be organized into Article 5
of the new Zoning Code. Article 5 is titled General Regulations and will include
standards that are applicable to all zoning districts unless otherwise specified.
Regulations to be organized in Article 5 include off-street parking, fencing, access drives,
and other regulations that are applicable to all of the City’s zoning districts. The
BUSINESS ITEM 4c
2
proposed ordinance before the Planning Commission also includes Off-Street Loading
(§154.211).
Regarding the regulations for off-street parking (§154.210), the ordinance sets standards
for design and maintenance. In addition, the ordinance specifies dimensional standards
for multiple types of parking spaces, such as 45° (angled) parking, as well as drive aisles.
These dimensional standards are found in Table 5-1. Moving forward, Table 5-2 sets all
of the parking requirements for all use classifications included in the previously adopted
definitions section (§154.012) of the Lake Elmo Zoning Code. Overall, the parking
requirements are based upon the number of employees or dwelling units associated with
the use, or gross floor area in cases of general retail or other similar uses. Finally, the
proposed ordinance also includes provisions for off-street loading (§154.211). The
current Zoning Code does contain similar provisions for off-street loading areas, but does
not specify a required number of loading berths based upon the gross square-footage of
the facility. The proposed ordinance does include such a number requirement of loading
berths based upon square footage.
RECCOMENDATION:
No formal action is required. The Planning Commission is asked to provide Staff with
feedback on the proposed ordinance in preparation of a future public hearing.
ATTACHMENTS:
1. Draft Off-Street Parking Ordinance (§154.210)
ORDER OF BUSINESS:
- Introduction ...................................................................................Planning Staff
- Report by Staff ..............................................................................Planning Staff
- Questions from the Commission ....................... Chair & Commission Members
- Discussion by the Commission ......................... Chair & Commission Members
- Action by the Commission................................ Chair & Commission Members
BUSINESS ITEM 4c
ARTICLE 5 GENERAL REGULATIONS
§154.200 Purpose
§154.201 Applicability
§154.202 Permits Required
§154.203 Essential Services
§154.210 Off-Street Parking
§154.211 Off-Street Loading
§ 154.200 Purpose
The purpose of this Article is to establish regulations for activities that may occur in many zoning districts
or in association with a variety of land uses, including parking, signage, and activities within yards, to
promote the orderly development or use of land and minimize conflicts among land uses.
§ 154.201 Applicability
The provisions of this Article shall be applied to all zoning districts and shall be in addition to the
requirements in any specific zoning district. A permit shall not be issued unless all applicable general
regulations are met.
§ 154.202 Permits Required.
Permits are required for all changes in use and all development activities, with the exception of signs, in
compliance with the standards of Article 3, Administration. Signs shall require a sign permit in compliance
with Section 151.115 and Article 3.
§ 154.203 Essential Services
Essential services as defined by this Ordinance are permitted in any district, provided that a site plan for
any new or expanded service facility is filed with the Planning Department. The City Council may require
site plan review of large facilities, upon the recommendation of the Planning Director.
§ 154.210 Off-Street Parking
A. Purpose. The intent of this section is to prevent or alleviate congestion and promote the public
safety and welfare by establishing minimum requirements for off-street parking, and requiring
that parking areas are located and constructed in a manner that provides for optimum visibility to
vehicles enter and exiting said parking area, accessibility and safety. It is the responsibility of
property owners to provide adequate parking to meet their specific needs.
B. Applicability. Off-street parking in accordance with this section shall be provided for all new uses
and all expansions of existing uses in all districts. Parking requirements may be waived in the
Village Mixed-Use District (VMX), recognizing the availability of on-street and shared parking
facilities.
C. Location. All required off-street parking facilities shall be located outside of any street right-of-
way, and as follows:
1. Spaces accessory to one- and two-family dwellings shall be located on the same lot as the
principal use served. Spaces within garages are counted toward the required number of
spaces.
2. Spaces accessory to multiple-family dwellings and nonresidential uses shall be located on the
same lot as the principal use served or within four hundred (400) feet of the main entrance to
the principal building served.
3. Off-street parking located elsewhere than on the lot where the principal use being served is
located shall be under the same ownership and control, either by deed or long-term lease, as
the principal use. The owner of the principal use must file a recordable document with the
City requiring permanent provision of off-street parking during the existence of the principal
use.
4. Off-street surface parking areas containing more than four parking spaces shall be located a
minimum of six (6) feet from the boundary of any adjacent lot zoned or used for residential
purposes.
5. Other Parking in Residential Areas. Parking in residential areas (off-street and on-street) shall
be limited to the use of the residents of those homes. Except for short-term parking (eight
hours or less) and guest parking, the number of vehicles parked on or in front of a residential
lot shall not exceed double the number of persons residing on the premises and having
automobile drivers’ licenses.
D. Parking Area Design and Maintenance.
1. Access to Parking Spaces. Each required off-street parking space shall open directly to an
aisle or driveway of such width and design as to provide safe and efficient means of vehicular
access to the parking space, as shown in Table 5-1, Minimum Parking Space and Aisle
Dimensions, except where accessory to residential uses of up to four (4) units.
2. Maneuvering Area. All parking areas except those serving one and two family dwellings on
local streets shall be designed so that cars shall not be required to back into the street. If
deemed necessary for traffic safety, turn-around areas may be required.
3. Surfacing and Drainage. All off-street parking areas shall be surfaced as follows:
a. Single-family and two-family dwellings shall provide a durable surface with suitable
drainage.
b. In all residential, commercial and mixed use districts, all areas intended to be utilized for
parking space for five (5) or more vehicles and associated driveways shall be paved with a
durable surface including, but not limited to, hot asphalt, bituminous or concrete.
c. In industrial districts, all areas intended to be utilized for parking space and driveways
shall be surfaced with materials suitable to control dust and drainage. Plans for surfacing
and drainage for nonresidential uses shall be submitted for review and the final plan shall
be subject to written approval.
d. Storage areas for heavy construction equipment that would damage the pavement may be
exempt from the paving and surfacing requirement with an acceptable surface approved
by the City Engineer.
e. Farm dwellings and farm operations are exempt from the paving requirement.
f. City parks shall be exempt from the parking requirement if approved by the City Council.
4. Marking of Parking Spaces. All parking areas containing five (5) or more spaces or containing
angled parking shall be marked with painted lines at least four (4) inches wide. Such markings
shall be maintained in a clearly legible condition.
5. Curbing. All open off-street parking areas designed to have head-in parking along the property
line shall provide a bumper curb not less than five (5) feet from the side property line or a
barrier of normal bumper height not less than three (3) feet from the side property line.
6. Landscaping and Screening. Parking areas shall be screened and landscaped as provided in
Article 6, Section 154.258.
7. General Maintenance. Parking areas and driveways shall be kept free of dirt, dust, debris and
waste. In winter months, required parking areas shall be cleared of snow and ice within a
reasonable time.
8. Accessible Parking. Accessible parking spaces for the disabled shall be provided as required by
the International Building Code.
E. Dimensions. The minimum dimensions for required parking spaces are as shown in Table 5-1,
Minimum Parking Space and Aisle Dimensions and Figure 5-1, Minimum Parking Dimensions
Diagram.
Table 5-1: Minimum Parking Space and Aisle Dimensions
Angle (A) Width (B) a Curb Length
(C)
Stall Depth
(D) b
1 Way Aisle
Width (E)
2-Way Aisle
Width (E)
0 (Parallel) 9’ 22’ 8’6” 14’ 22’
45° 9’ 12’ 18’9” 14’ 22’
60° 9’ 9’10” 19’10” 18’ 22’
90° 9’ 8’6” 18’ 20’ 22’
a For parking areas containing more than ten (10) parking spaces, compact spaces may account for
up to twenty percent (20%) of the total parking area required. They may be reduced in size to a
width of eight (8) feet and a stall depth of twelve percent (12%) less than (D) above, and must be
grouped and signed appropriately
b Parking spaces that use an appropriately sized curb overhang over a landscaped island or buffer
may be reduced in depth by one and one-half feet (1’ 6”). A concrete curb or other means shall
be provided to prevent parked vehicles from damaging plant materials.
Figure 5-1: Minimum Parking Dimensions Diagram
F. Parking Requirements. Accessory, off-street parking shall be provided as specified in Table 5-2,
Specific Off-street Parking Requirements, except as otherwise specified in this section.
1. In addition to the requirements in Table 5-2, one (1) parking space shall be provided for each
commercial vehicle or vehicle necessary for the operation of the use that is maintained on the
premises.
2. Parking spaces for uses with multiple components, such as hotels with dining and conference
facilities, shall be based on the sum of the parking requirements of the separate components.
Shared parking standards may be used where applicable.
3. Proof of parking. The Planning Commission may allow parking requirements for a particular
use to be relaxed or lessened in response to an expected demand that is lower than the
required standard in this section, provided that one of the following conditions exists:
a. Sufficient open area is set aside on the parcel to meet the required standard, if
determined to be necessary at a later date.
b. If parking will be needed less than twenty-five (25%) of the time during typical hours of
use, on-street parking accessible by sidewalk within two blocks of the site may be used in
lieu of required off-street parking.
4. Where a parking study is required, a qualified transportation engineer or transportation
planner shall perform the study. The study shall contain information on the anticipated
number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and
may refer to other studies or similar situations elsewhere.
G. Shared Parking. Joint use of required parking spaces is encouraged where two or more uses on the
same or adjacent sites are able to share the same parking spaces because their parking demands
occur at different times. The applicant(s) must submit an analysis showing that peak parking
times of the uses will occur at different times and the parking area will be adequate for both uses.
A legal instrument such as an easement or deed restriction that guarantees access to the parking
for both uses shall be submitted.
H. Truck parking in residential areas. No commercially licensed trailer shall be parked or stored in a
residential district except when loading, unloading or rendering a service. Recreation vehicles and
pickups are not restricted by the terms of this provision.
Table 5-2. Specific Minimum Off-Street Parking Requirements
Use Minimum Parking Requirement Notes
Residential Uses
Household Living
Single-family detached dwelling 2 spaces per dwelling unit
Two-family dwelling 1 space per 1-bedroom unit
2 spaces per 2-bedroom or larger
unit
Single-family attached dwellings
shall provide an additional 10% of
parking spaces for visitor parking
Multifamily dwellings shall also
provide 1 visitor space per 4 units
Single-family attached dwelling
Multifamily dwelling No fee shall be charged for
required spaces
Senior (elderly) housing 1 space per dwelling unit If senior housing may be
converted to general housing in
the future, proof of additional
parking shall be required
Secondary dwelling 1 space per secondary dwelling unit
Live-work unit 2 spaces per dwelling unit At least one of the required
spaces shall be accessible for
client parking
Mobile home park 2 spaces per dwelling unit
Group Living
Group home, group residential
facility, halfway house,
congregate housing
1 space per employee on the largest
shift plus 1 visitor space for every 4
residents based on capacity
Semi-transient accommodations 1 space per bedroom, plus one
space for each fulltime staff
equivalent
Parking study required
Use Minimum Parking Requirement Notes
Public and Civic Uses
Cemetery As determined by the Planning
Director
College or university, other adult
learning center
To be determined by the Planning
Director based on parking study
Parking study required
Community services Parking equal to 30 percent of the
capacity of persons or as
determined by the Planning Director
based on parking study
Day care center (see under
Accessory Uses for Family day
care)
1 space per employee on largest
shift plus 1 space per 7 students
based on capacity; or 1 space per 10
students if an off-street drop-off
and pick-up space is provided
School, public or private 1 space per staff member plus 1
space per 5 students of legal driving
age based on design capacity
Existing schools not meeting
this standard may be required
to develop a parking
management plan, but shall
not be required to add the
minimum number of spaces
Public assembly 1 space per each 4 seats based on
design capacity
Religious institution, place of
worship
1 space per each 6 seats or 10 feet
of pews in the main assembly hall
Existing institutions not
meeting this standard may be
required to develop a parking
management plan, but shall
not be required to add the
minimum number of spaces
Services
Business center Total of parking requirements for
individual uses, excepting any that
meet the shared parking
requirements in Section 154.210.G
Commercial kennel, commercial
stable
1 space per employee on the largest
shift plus 1 space per 6 animals
Communication services 1 space per 400 square feet of gross
floor area, plus 1 space per
company vehicle stored on the site
Educational services 1 space per staff member plus 1
space per 5 students of legal driving
age based on design capacity
Financial institution 1 space per 100 square feet of
usable floor area
Funeral home 1 space per 100 square feet of floor
area in the main assembly room
plus one space per staff member
Transient Accommodations,
Lodging
1 space per guest room, plus
additional space for meeting or
restaurant facilities
Meeting and restaurant
facilities may require
additional parking, based on
square footage of each use as
defined in this table.
Use Minimum Parking Requirement Notes
Medical facilities 5 spaces per medical professional,
or 1 space per 200 square feet of
gross floor area
Membership organization (clubs,
lodges, etc.)
1 space per 300 square feet of gross
floor area
Nursing and personal care 1 space for each 4 beds, plus 1
space per employee on the largest
work shift
Offices 3 spaces per 1,000 square feet of
gross floor area
Personal services 1 space per 300 square feet of gross
floor area
Repair and maintenance shop 1 space per 400 square feet of gross
floor area
Self-service storage facility 1 space per 300 square feet of
office or sales area
The apron in front of the
storage units shall be wide
enough for two cars to pass
Trade shop 1 space per 300 square feet of
office or sales area, plus 1 space
per 3,000 square feet of storage
area
Transportation services 1 space per 300 square feet of
office or sales area, plus 1 space
per vehicle kept on premises
Veterinary service 3 spaces per veterinarian, or 1
space per 200 square feet of gross
floor area
Food Services
Drinking and Entertainment 1 space per 3 customer seats or
each 100 sq. ft. of interior space
(the greater), plus 1 space per 200
sq. ft. exterior seating area.
Drive-in Restaurant, Fast Food
Restaurant, Standard Restaurant
1 space per 3 customer seats or
each 100 sq. ft. of interior space
(the greater), plus 1 space per 200
sq. ft. exterior seating area. Drive-
throughs shall provide queuing
space for at least 3 vehicles in
advance of the menu board and 3
vehicles between the menu board
and pick-up window
Sales of Merchandise
Garden Center, Building Supplies
Sales
1 space per 250 sq. ft. of gross floor
area plus 1 space per 2,000 sq. ft.
of outside sales or display area
Furniture and Appliance Sales 1 space per 800 sq. ft. of gross floor
area
General Retail 1 space per 250 sq. ft. of gross floor
area
Includes any retail uses not
specifically listed in this table
Use Minimum Parking Requirement Notes
Shopping Center 1 space per 250 sq. ft. of gross floor
area
Shared parking provisions
(Section 154.210.G. of this
Article) are encouraged to be
used where applicable
Wayside Stand 1 space per 400 sq. ft. sales area Spaces need not be paved, but
shall be adequately separated
and screened from the street
and adjacent properties, as
determined by the Planning
Director
Wholesaling 1 space per 250 sq. ft. of indoor
sales area plus 1 space per 2,000
square feet of storage area
Automobile/Vehicular Uses
Automobile Maintenance
Services, Commercial Vehicle
Repair, Gas Station
1 space per 250 sq. ft. of gross floor
area used for sales or customer
service plus 2 spaces per service bay
Service bay shall not be
counted as a parking space
Automobile Parts/Supply 1 space per 250 sq. ft. of indoor
sales area plus 1 space per 2,000
square feet of storage area
Automobile Rental 1 space per 250 sq. ft. of gross floor
area plus adequate storage space
for rental vehicles maintained on
site
Car Wash 1.5 spaces per bay, plus 4 stacking
spaces per bay, plus 1 space per
employee on the largest shift,
Vehicle Sales and Storage Lots 1 space per 250 sq. ft. of indoor
sales area plus 1 space per 2,000 sq.
ft. of outside sales or display area
and 1 space per 2,000 square feet
of storage area
Outdoor Recreation Uses
Campgrounds and Trailering 1 space per site, plus spaces
required for other uses
Golf Course 5 spaces per hole plus additional
space for meeting or restaurant
facilities
Marina As determined by the Planning
Director
Parking study may be required
for large or multiple-use
facilities
Outdoor Entertainment As determined by the Planning
Director
Outdoor Recreation Facility 1 space per 3 persons based on
maximum occupancy load, plus 1
space per employee on the largest
shift or as determined by parking
study
Parking study may be required
for large or multiple-use
facilities
Parks and Open Areas No requirement
Restricted Recreation As determined by the Planning
Director
Parking study may be required
Use Minimum Parking Requirement Notes
Swimming pool 1 space per 150 square feet of pool
area
Indoor Recreation/Entertainment
Adult Establishment 1 space per 250 sq. ft. of gross floor
area
Indoor Athletic Facility 1 space per 250 square feet floor
area plus 2 spaces per tennis or
racquet games court and 1 space
per 150 square feet of pool area
Indoor Recreation Bowling alleys: 5 spaces per lane
Other facilities: 1 space per 3
persons based on maximum capacity
Agricultural and Related Uses
Agricultural Production and
Services;
No requirement
Agricultural Support 1 space per 300 sq. ft. of indoor
sales or office area plus 1 space per
1,000 sq. ft. of outside sales or
display area and 1 space per 2,000
square feet of storage area
Forestry Operations As determined by the Planning
Director
Production, Processing and Storage
Non-production Industrial
Light Industrial
Heavy Industrial
1 space per 1,000 sq. ft. gross floor
area up to 20,000 sq. ft. plus 1
space per 2,000 sq. ft. in excess of
20,000 sq. ft., or per 5 regular
employees, whichever is greater.
Additional parking may also be
required for office or retail
space, as specified in this table
Includes other industrial uses
largely carried on in enclosed
buildings and not individually
listed
Motor freight and warehousing 1 space per 300 sq. ft. of office or
sales area, plus 1 space per 3,000
sq. ft. of storage area
Landfill, Resource Extraction,
Salvage/Recyclable Center
2 spaces per 3 employees on the
largest shift, based on maximum
planned employment
Includes other industrial uses
largely carried on outdoors
Utilities, Transportation and Communications
Air transportation As determined by the Planning
Director
Broadcasting or Communication
Tower
No requirement
Essential Services As determined by the Planning
Director
Local Transit, Railroad
Transportation
2 spaces per 3 employees on the
largest shift, based on maximum
planned employment
Accessory Uses
Animals, Domestic No requirement
Home Occupation No requirement unless specified in
Conditional Use Permit
Bed and breakfast 1 space per guest room in addition
to dwelling unit requirements
Use Minimum Parking Requirement Notes
Family Day Care, Group Family
Day Care
1 space per employee not residing
on the premises plus one drop-off
space
Kennel, Private; Stable, Private No requirement
Interim Uses
Interim Use As determined by the Planning
Director
§ 154.211 Off-street loading areas.
Off-street loading space shall be provided in all districts for any nonresidential use which will involve the
receipt or distribution of materials or merchandise by trucks or similar vehicles and has a gross floor area
of five thousand (5,000) square feet or more, in accordance with the following standards. Off-street
loading area requirements may be waived in the Village Mixed-Use District (VMX).
A. Number. For facilities with less than twenty thousand (20,000) square feet gross floor area, a
designated loading zone may be provided on site, rather than constructing a loading berth. For
facilities with twenty thousand (20,000) square feet gross floor area or greater, one (1) off-street
loading berth shall be provided for every thirty thousand (30,000) square feet gross floor area or
fraction thereof.
B. Location. All required loading berths shall be off-street. A loading berth shall be located at least
twenty-five (25) feet from the intersection of two street rights-of-way and at least fifty (50) feet
from a residential district unless within a building. Loading berths shall not occupy the required
front yard setback.
C. Size. Unless otherwise specified in this chapter, a required loading berth shall be not less than
twelve (12) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of
aisle and maneuvering space.
D. Access. Each required loading berth shall be located with appropriate means of vehicle access to a
street or public alley in a manner which will least interfere with traffic. Driveway design is
specified in Section 154.209 of this Article.
E. Surfacing. All loading berths and access ways shall be improved with a durable material to control
the dust and drainage.
F. Accessory use. Any space allocated as a loading berth or maneuvering area in accordance with
this Section shall not be used for the storage of goods, inoperable vehicles or required off-street
parking.
Planning Commission
Date: 3/25/13
Business Item
Item: 4d
ITEM: WORKSHOP REVIEW: Draft VMX Village Mixed Use Zoning District
REQUESTED BY: Planning Department
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review a preliminary draft of a Village Mixed Use
Zoning District that will be situated in Article 11 of the City’s revised Zoning Ordinance. The draft
ordinance is very much still a working document, and before proceeding any further with the draft,
Staff will be seeking direction from the Commission on a number of issues. Since this district is
intended to regulate land uses within the central portion the Village area, it has been designed to
allow a wide range of uses and encourages the mixing of different use types. Most of the
proposed ordinance has been completed in at least draft form with the exception of the proposed
Design Standards for the district. Staff is presently working to develop a set of standards to
incorporate into this ordinance that are consistent with the proposed Design Standards Manual
(to be completed this spring).
ADDITIONAL INFORMATION
The proposed ordinance has been drafted to be consistent with the vision for the Village Area as
documented in the recent Comprehensive Plan amendment reviewed and recommended by the
Planning Commission. This includes a large area in the central portion of the Village Area that is
guided for mixed-use development. Staff is recommending that this district include language that
prescribes a design review process for development activity and that it also include a set of
design standards that are consistent with the City’s Design Standards Manual. The design
standards section is not yet finished, but Staff will bring some additional recommendation for this
section to the workshop.
Staff will review the entire ordinance in greater detail with the Planning Commission at the
workshop.
RECOMMENDATION:
Staff recommends that the Planning Commission review the proposed amendments to Article 11
– VMX Village Mixed Use District and provide and comments and feedback to Staff at the
meeting.
ATTACHMENTS (1):
1. Draft Article 11 – VMX Village Mixed Use District Amendment
MARCH 2013 PRELIMINARY DRAFT – FOR REVIEW ONLY
Article 11 – VILLAGE MIXED USE DISTRICT
§154.500 Purpose and District Description
§154.501 Permitted and Conditional Uses
§154.502 Lot Dimensions and Building Bulk Requirements
§154.503 Dimensional Requirements and Preservation of Open Space
§154.504 General Site Design Considerations – LMX District
§154.504 Development Standards for Specific Uses
§154.505 LMX District Design and Demolition Review
§154.506 LMX District Design Standards
§154.507 Accessory Uses and Structures
§154.508 Residential Accessory Structures
§154.509 Accessory Uses
§154.510 Accessory Uses and Structures Not Listed
§154.500 Purpose.
The purpose of the VMX district is to provide an area for compact, mixed use development made
mutually compatible through a combination of careful planning and urban design and coordinated
public and private investment. This district is intended to continue the traditional mixed use
development that has occurred in the Village area by allowing retail, service, office, civic and public
uses as well as residential units. The mixture of land uses within the district is essential to establishing
the level of vitality and intensity needed to support retail and service uses. The placement of building
edges and treatment of building, parking, landscaping, and pedestrian spaces is essential to creating
the pedestrian friendly environment envisioned for the VMX district. The standards in this chapter are
intended to implement and effectuate the principles and relationships established in the Village Master
Plan, which will be carried out through specific standards related to site planning, signage,
architecture, building materials, and landscaping. Renovation and infill of traditional storefront-type
buildings is encouraged, and parking standards may be waived to recognize the availability of on-street
and shared parking facilities.
§154.501 Permitted and Conditional Uses.
Table 11-1 lists all permitted and conditional uses allowed in the urban residential districts. “P”
indicates a permitted use, “C” a conditional use. Uses not so indicated shall be considered prohibited.
Cross-references listed in the table under “Standards” indicate the location within this Ordinance of
specific development standards that apply to the listed use.
A. Combinations of uses. The following use types may be combined on a single parcel:
1. Principal and accessory uses may be combined on a single parcel.
2. A principal and secondary dwelling unit may be combined according to the standards of
Section 155.137.
3. Single-family attached or multi-family complexes designed for rental or condominium
occupancy, since these typically include multiple units and buildings on a single parcel.
4. Other permitted or conditional uses allowed within the district may be combined on a
single parcel, provided that a unified and integrated site plan is approved. The entire
development must be approved as a conditional use.
5. A mixed-use building that combines permitted or conditionally permitted residential,
service, retail and civic uses may be developed meeting the form standards of this Article.
Office or studio uses on upper stories are encouraged.
March 2013 – Preliminary Draft 11-1 Village Mixed Use District
Table 11-1: Permitted and Conditional Uses, VMX Districts
VM
X
Standard
Residential Uses
Household Living
Single-family detached dwelling P 154.454.B,H
Two-family dwelling P 154.454.E
Single-family attached dwelling C 154.454.F,J
Multifamily dwelling C 154.454.G,K
Secondary dwelling C 154.454.C
Live-work unit P 154.454.L
Group Living
Group Home P 155.102.C
Group Residential Facility C 155.102.D
Halfway House - 155.102.D
Congregate Housing C 155.102.E
Semi-Transient Accommodations C 155.102.F
Public and Civic Uses
Community Services P 155.103.C
Day Care Center P 155.103.D
Public Assembly C
Religious Institutions P
Schools, Public and Private C 155.103.E
Services
Business Services P
Business Center P
Offices P 154.454.M
Communications Services P
Education Services P
Financial Institution P
Funeral Home C 154.454.I
Lodging C
Medical Facility C
Membership Organization P
Nursing and Personal Care C 155.104.C
Personal Services P 154.454.M
Repair and Maintenance Shop C
Trade Shop C
Veterinary Services P
March 2013 – Preliminary Draft 11-2 Village Mixed Use District
Food Services
Standard Restaurant P
Restaurant with Drive-through C
Drinking and Entertainment P
Sales of Merchandise
Retail Trade 1 P
Farmer’s Market P
Garden Center C
Neighborhood Convenience Store P 154.454.N
Shopping Center C
Wayside Stand P 154.454.D
Wholesaling -
Automotive/Vehicular Uses
Automobile Maintenance Service C
Automobile Parts/Supply P
Car Wash -
Gasoline Station C
Parking Facility C
Sales and Storage Lots C
Outdoor Recreation
Outdoor Recreation Facility P
Parks and Open Areas P
Indoor Recreation/Entertainment
Indoor Athletic Facility C
Indoor Recreation C
Transportation and Communications
Broadcasting or Communications Facility C 155.110.B
Accessory Uses
Home Occupation P 155.111.A,B
Bed and Breakfast C 155.111.C
Domestic Pets P
Family Day Care P 155.111.G
Group Family Day Care C 155.111.G
Temporary Sales P 155.107.B
Parking Facility P
Solar Equipment P 155.111.I
Swimming Pools, Hot Tubs, Etc. P 155.111.J
March 2013 – Preliminary Draft 11-3 Village Mixed Use District
Note: Standards listed in Table 11-1 are listed by Article, Section and Subsection.
1 Retail Trade in the VMX District includes all uses and activities defined as Retail Trade in §155.507.B.5
with the exception of building supplies sales and warehouse club sales.
§154.502 Lot dimensions and building bulk requirements.
Lot area and setback requirements shall be as specified in Table 11-2, Lot Dimension and Setback
Requirements.
Table 11-2: Lot Dimension and Setback Requirements, VMX District
VMX
Minimum Lot Area (sq. ft.) a
Non-Residential Use None
Single Family Detached Dwelling 5,000
Two-Family Dwelling (per unit) b 3,000
Single-Family Attached (per unit) c 2,500
Multi-Family Dwelling (per unit) 1,800
Secondary Dwelling See 154.454.C
Live-Work Unit 3,000
Congregate Housing See 155.102
Minimum Lot Width (feet)
Single Family Detached Dwelling 50
Two-Family Dwelling (per unit) b 30
Single-Family Attached (per unit)c 25
Multi-Family Dwelling (per building) 75
Live-Work Unit 25
Maximum Height (feet/stories) 35/3 d
Maximum Impervious Coverage
Residential Structures 75%
Other Structures No Limit
Water-Oriented Accessory Structures P
Other Structures Typically Incidental and
Clearly Subordinate to Permitted Uses P
March 2013 – Preliminary Draft 11-4 Village Mixed Use District
Minimum Building Setbacks (feet)
Front Yard e See 155.506
Interior Side Yard f 10
Corner Side Yard g 0
Rear Yard 10
Notes to VMX District Table
a. No development may exceed the residential density range as specified in the Comprehensive
Plan for the Village Mixed Use land use category.
b. Two-family units may be side-by-side with a party wall between them (“twin”) or located on
separate floors in a building on a single lot (“duplex”). The per-unit measurements in this table
apply to “twin” units, whether on a single lot or separate lots. The standards for single-family
detached dwelling shall apply to a “duplex” containing two vertically-separated units on a
single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e. 1 unit per 2,500
square feet. This standard is also used for multifamily dwellings.
d. Buildings up to 45 feet in height may be permitted as part of a PUD.
e. The front yard setback for single family homes shall be 25 feet.
f. Side yard setbacks in the VMX District apply only along lot lines abutting residentially zoned
parcels or those parcels with residential uses as the sole use.
g. Corner properties: the side yard façade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be shown in the table.
§154.503 Dimensional Requirements and Preservation of Open Space
A. Averaging of Lot Area. When lots are clustered within a development to provide common open
space, the open space may be used to calculate an average density per lot to determine
compliance with the individual lot area requirements.
B. Lot Dimension Reductions. Other reductions in dimensional standards may be considered as
part of a Planned Unit Development if these reductions provide for common open space within
a development.
§154.504 General Site Design Considerations VMX District
Development of land within the commercial districts shall follow established standards for traffic
circulation, landscape design, and other considerations as specified in Articles 5, 6 and 7.
March 2013 – Preliminary Draft 11-5 Village Mixed Use District
A. Circulation. New access points to State Highway 5 may be refused or restricted to right-in
right-out movement if alternatives exist. Internal connections shall be provided between
parking areas on adjacent properties wherever feasible.
1. The number and width of curb-cuts shall be minimized. To promote pedestrian circulation,
existing continuous curb-cuts shall be reduced to widths necessary for vehicular traffic, and
unnecessary or abandoned curb cuts shall be removed as parcels are developed.
B. Fencing and screening. Fencing and screening walls visible from the public right-of-way shall be
constructed of materials compatible with the principal structure.
C. Lighting design. Lighting shall be integrated into the exterior design of new or renovated
structures to create a greater sense of activity, security, and interest to the pedestrian.
D. Exterior Storage. Exterior materials storage must be screened from view from adjacent public
streets and adjacent residential properties, by a wing of the principal structure or a screen
wall constructed of the same materials as the principal structure. Height of the structure or
screen wall must be sufficient to completely conceal the stored materials from view at eye
level (measured at six feet above ground level) on the adjacent street or property.
§154.505 Development Standards for Specific Uses
Development of land within the VMX District shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specified in Articles 5, 6 and 7. The
following standards apply to specific uses; other standards related to design and building type may be
found at §154.506.
A. Single-Family and Two-Family Dwellings. Unless otherwise specified in this Article, Single and
Two Family dwellings in the VMX district shall adhere to the MDR district setbacks as specified
in §154.452.
B. Single-Family Attached Dwellings.
1. A maximum of eight (8) units shall be permitted within a single building.
2. Townhouse dwellings shall be located on lots in such a way that each individual unit has a
minimum of fifteen (15) feet of public street frontage. No parking shall be located in the
front yard or between the front façade and the street.
3. The primary entrance to each unit shall be located on the façade fronting a public street;
an additional entrance may be provided on the rear or side façade.
4. Common open space for use by all residents or private open space adjacent to each unit
shall be provided. Such open space shall comprise a minimum of three hundred (300)
square feet per unit.
C. Multi-Family Dwelling Units. Dwelling units (both condominium and rental) are restricted to
the upper floors or rear or side ground floors of a mixed-use building.
1. No parking shall be located in the front yard or between the front façade and the street
D. Secondary Dwellings. Restricted to lots occupied by single-family dwellings, and must meet
the standards for secondary dwellings in residential districts, §154.134.C.
E. Repair and Maintenance Shop. No outdoor storage is permitted.
F. Trade Shop. Exterior materials storage must be totally screened from view from adjacent
public streets and adjacent residential properties by a wall of the principal structure or a
screen wall constructed of the same materials as the principal structure.
G. Veterinary Services. All activities must be conducted within an enclosed building.
H. Garden Center.
March 2013 – Preliminary Draft 11-6 Village Mixed Use District
1. The storage or display of any materials or products shall meet all setback requirements of a
structure, and shall be maintained in an orderly manner. Screening along the boundaries
of adjacent residential properties may be required, meeting the standards of Article 6,
Section 155.89.F.
2. All loading and parking shall be provided off-street.
3. The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained
so as to prevent any effects on adjacent uses.
I. Automobile Maintenance Service and Automobile Parts/Supply.
1. All vehicle repairs shall be conducted in a completely enclosed building.
2. The storage or display of inoperable or unlicensed vehicles or other equipment shall meet
all setback requirements of a structure, and shall be totally screened from view from
adjacent public streets and adjacent residential properties.
J. Live-Work Unit. The purpose of a live-work unit is to provide a transitional use type between a
home occupation and a larger commercial enterprise, and to provide neighborhood-oriented
commercial services, while maintaining a generally residential character in which the work
space is subordinate to the residential use.
1. The work space component shall be located on the first floor or basement of the building.
2. The dwelling unit component shall maintain a separate entrance located on the front or
side facade and accessible from the primary abutting public street.
3. The work space component of the unit shall not exceed thirty (30) percent of the total
gross floor area of the unit.
4. A total of two (2) off-street parking spaces shall be provided for a live-work unit, located
to the rear of the unit, or underground/enclosed.
5. The size and nature of the work space shall be limited so that the building type may be
governed by residential building codes. An increase in size or intensity beyond the
specified limit on floor area would require the building to be classified as a mixed-use
building.
6. The business component of the building may include offices, small service establishments,
home crafts which are typically considered accessory to a dwelling unit, or limited retailing
(by appointment only) associated with fine arts, crafts, or personal services. It may not
include a wholesale business, a manufacturing business, a commercial food service
requiring a license, a limousine business or auto service or repair for any vehicles other
than those registered to residents of the property.
7. The business of the live-work unit must be conducted by a person who resides on the same
lot. The business shall not employ more than two (2) workers on-site at any one time who
live outside of the live-work unit.
K. Parking Facility. Structured parking is permitted as a ground floor use within a mixed-use
building, provided that it is located on side or rear facades, not facing the primary abutting
street. The primary street-facing façade shall be designed for retail, office or residential use.
L. Outdoor Dining Accessory to Food Services. Outdoor dining is allowed as an accessory use in
the commercial districts, provided that tables do not block the sidewalk. A minimum of five
(5) feet of sidewalk must remain open.
§154.506 VMX District Design Review and Demolition Review
A. Design Review Process. All development activity within the VMX District shall be reviewed for
compliance with the standards in §154.506 and §154.507 and for consistency with the Lake
Elmo Design Standards Manual. Design review shall occur concurrently with the review of site
and building plans by the Zoning Administrator or Planning Commission.
March 2013 – Preliminary Draft 11-7 Village Mixed Use District
B. Demolition Review Process. Applications for demolition of structures within the VMX District
shall be reviewed by the Planning Commission for compliance with the following standards.
1. Demolition Defined. The demolition review process shall be required for any work that
requires a demolition permit in accordance with Section 155.34 (A) of this Chapter.
Demolition does not include the removal of non-structural components of a building,
including, but not limited to, ornamental features, staircases, decks, balconies, and other
features.
2. No application to demolish any structure more than fifty (50) years old shall be approved
unless the applicant demonstrates:
a. That the rehabilitation of a structure or construction of a new structure will have a
greater positive impact upon the District’s economic vitality and appearance than the
preservation of the structure proposed to be demolished and the rehabilitation of the
structure or the construction of the new structure would not be possible or
economically feasible without the demolition of the structure proposed to be
demolished; or
b. That the applicant cannot obtain a reasonable economic return from the property or
structure unless the structure is demolished; or
c. That the structure has serious structural defects and represents a threat to public
health and safety, and that it is not economically feasible to repair these defects in a
manner consistent with this Ordinance.
3. No application for demolition shall be approved without concurrent approval of a plan for
construction of a new structure to replace the demolished structure that shall reinforce
and enhance the character of the District.
§154.507 VMX District Design Standards
Design standards within the VMX District are based on the recommendations of the Lake Elmo Design
Standards Manual, which shall be used as a reference for new development or rehabilitation of all
buildings within the district.
A. Building Placement and Design
B. Parking and Loading Requirements
C. Building Type Standards
D. Site Design
(TO BE COMPLETED)
§154.508 Accessory Uses and Structures.
Accessory uses are listed in the VMX District Use Table as permitted or conditional accessory uses.
Accessory uses and structures in the VMX District shall comply with the following standards and all
other applicable regulations of this ordinance:
A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to
the time of construction of the principal use to which it is accessory.
B. Incidental to Principal Use. The accessory use or structure shall be incidental to and
customarily associated with the principal use or structure served.
C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area,
extent, and purpose to the principal use or structure served.
D. Function. The accessory use or structure shall contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
March 2013 – Preliminary Draft 11-8 Village Mixed Use District
E. Location. The accessory use or structure shall be located on the same zoning lot as the
principal use or structure.
§154.509 Residential Accessory Structures.
On parcels used for residential structures within the VMX District, the design and construction of any
garage, carport, or storage building shall be similar to or compatible with the design and construction
of the main building. The exterior building materials, roof style, and colors shall be similar to or
compatible with the main building or shall be commonly associated with residential construction.
A. Attached structures. An accessory structure shall be considered attached, and an integral part
of, the principal structure when it is connected by an enclosed passageway. All attached
accessory structures shall be subject to the following requirements:
1. The structure shall meet the required yard setbacks for a principal structure, as
established for the zoning district in which it is located.
2. The structure shall not exceed the height of the principal building to which it is attached.
B. Attached Garages.
1. Attached garages are encouraged to be side or rear loaded. If facing the primary street,
garages shall be designed using one of the following techniques, unless specific physical
conditions on the lot in question require a different approach:
a. The front of the garage is recessed at least four (4) feet behind the plane of the
primary façade; or
b. The front of the garage is recessed at least four (4) feet behind a porch if the garage is
even with the primary façade; or
c. The width of the attached garage shall not exceed 60% of the width of the entire
principal building façade (including garage) fronting the primary street.
2. Attached garages shall not exceed one thousand (1,000) square feet in area at the ground
floor level except by conditional use permit.
3. Garage doors or openings shall not exceed fourteen (14) feet in height.
C. Detached structures. Detached accessory structures shall be permitted in residential districts
in accordance with the following requirements:
1. Detached accessory structures shall be located to the side or rear of the principal building,
and are not permitted within the required front yard or within a side yard abutting a
street.
2. Detached garages shall not exceed one thousand (1,000) square feet at ground floor level
and shall not exceed a height of twenty-two (22) feet or the height of the principal
structure, whichever is higher. The maximum size and height may be increased upon
approval of a conditional use permit, provided that lot coverage requirements are
satisfied.
3. Pole barns, as defined herein, exceeding one hundred twenty (120) square feet shall be
prohibited.
4. No more than thirty (30) percent of the rear yard area may be covered by accessory
structures.
5. Garage doors or openings shall not exceed fourteen (14) feet in height.
§154.510 Accessory Uses.
March 2013 – Preliminary Draft 11-9 Village Mixed Use District
A. Exterior Storage on Residential Parcels. All materials and equipment shall be stored within a
building or be fully screened so as not to be visible from adjoining properties, except for the
following:
1. Laundry drying,
2. Construction and landscaping materials and equipment currently being used on the
premises. Materials kept on the premises for a period exceeding six (6) months shall be
screened or stored out of view of the primary street on which the house fronts.
3. Agricultural equipment and materials, if these are used or intended for use on the
premises.
4. Off-street parking and storage of vehicles and accessory equipment, as regulated in Article
5, Section 155.67.
5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and
screened from view from adjacent properties.
6. Outdoor parking.
B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all
residential districts, limited to two (2) per calendar year per residence, not to exceed four (4)
days in length.
§154.511 Accessory Uses and Structures Not Listed.
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in Article 7, Specific Development Standards. These include uses
such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pools and solar equipment.
March 2013 – Preliminary Draft 11-10 Village Mixed Use District